Agenda 11/09/2010 Item #16D 2
~,,'
EXECUTIVE SUMMARY
to approve and authorize the Chairman to sigD. aD agreemeat bet~~
. Board of County ColDlllissionen and the Area Ageacy OD ~,of
""~c'" ,sign the attached Attesgt(oa Statement and Verlftcation of E~
,i~t, and approve. budget amendment to recognize the pat ~De
in the .....01141,470 for,. Natritioa Services Incentive Program (NSIP).'
~: The approval'and execution of this contract and budget 8mendm.ent'is necessary
to recognize grant funding in the Sernces for Seniors program.
CONSIDERATIONS: TheCoUier County Housing, Human and Veteran Scnices Department
began administering the Senior Nutrition program in January 2008. The SCI'JiorMeal Program is
funded mainly from a grantbmthe Older Americans Act Title m-c NutrlblProgRul...1he
amount ofS564,500. The seaior rOe8l pro~consists of four congregate mealS'Sites, ~ in
the East Naples Community.~, Go1deQ(Jate Community Center, Goodlette Arms ~or
Residence aDd the Roberts ee.t<<' in Immokal~'; Home delivered meals are also p:ovidodtothe
frail el~,.~"'" this grant
_&,,~~ , program.
This NSIP grant will reimbutse' the County $0.68 ror each meal served in the nutrition program.
Funds eamecI from this program am be utilized as matching funds fur the nutrition program. The
coD1ract ror the NSIP pro~ is in effect from October 1, 2010 through September 30, 2011.
. The anticipated revenuefro~:~ program is $41,470.
GROWfH MANAGIMR!l: There is no growth management impact from this
recommendation.
~ FY 11 budget in the Human Services Grants cost center (707-155970) will
.,;."1,470~ No 1lIAf(".1\n,gfunds are required ror this grant award. . ,
; ';" ,
, .' ,. ~'".,.',..".',,: ,~~~mm~d1atthe!3oardofCountyCommi~~~e'
8Dd accepttbegrantaWsrd, 8Uthorize the Chairman to Sign the Agreement, Attestation Stat~t
· .... VeOfieationof EmergeJ1Cy Preparedness Statement, and approve the necessary 18ISet
~"'~' ,"
-Terri Daniels, Accounting Supervisor
mdVeteran Services DepartD1ent
.,-" .
.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16D2
November 9.2010
Page 2 of 42
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D2
Recommendation to approve and authorize the Chairman to sign an agreement between the
Collier County Board of County Commissioners and the Area Agency on Aging of Southwest
Florida, sign the attached Attestation Statement and Verification of Emergency Preparedness
Statement, and approve a budget amendment to recognize the grant revenue in the amount
of $41,470 for the Nutrition Services Incentive Program (NSIP).
11/9/20109:00:00 AM
Agenda Item No. 1602
November 9,2010
Page 3 of 42
Jeff Klatzkow
County Attorney
Date
10/28/20102:32 PM
.
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
11/2120104:02 PM
.
.
.
. 2.
.
Agenda Item No. 16D2
November 9.2010
Page 4 of 42
October 2010
NSIP 203.11
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
STANDARD CONTRACT
NUTRITION SERVICES INCENTIVE PROGRAM
TIDS CONfRACT is entered into between the Area Agency on Aging for SW FL., 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 subrecipient, the status to be further identified in ATIACHMENT m,
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.
Pumose 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.
Incomoration of Documents within the Contract
The contract will incorporate attachments, proposal(s), state planes), grant agreements, relevant
Agency 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 Proposa1(s), or other general materials
not specific to this contract document and identified attachments.
3.
Term of Contract
This contract shall begin on October 1. 2010. Services shall end at midnight, local time in North
Fort Myers, Florida on Seotember 30. 2011. Notwithstanding this provision, the payment for
services shall be as provided in A IT ACHMENT I, Paragraph 3.2.1.
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 541.470.00. 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
s.
Renewals
By mutual agreement of the parties, in accordance with s. 287.058C1Xt), F.S., the Agency may renew
the contract for a period not to exceed three years, or the term of the original contract, whichever is
longer. The renewal price, or method for determining a renewal price, is set forth in the bid,
proposal, or reply. No other costs for the renewal may be charged. No renewal is subject to the same
1
Agenda Item No. 16D2
November 9.2010
Page 5 of 42
October 2010
NSIP 203.11
terms and conditions as the original contract and contingent upon satisfactory performance
evaluations by the Agency and the availability of funds.
.
6. ComDliance with Federal Law
6.1. If this contract contains federal funds the following shall apply:
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
V.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 V.S.C. 1251,
et seq.), Executive Order 1 1738, as amended, and where applicable Environmental Protection
Agency regulations 40 CPR 30. The contractor shall report any violations of the above to the
Agency. -
6.1.3 The contractor, or agent acting for the contractor, may not use any federal funds received in
connection with this contract to influence legislation or appropriations pending before he Congress or
any 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 n. All disclosure forms as required by the Certification Regarding Lobbying form
must be completed and returned to the Contract Manager, prior to payment under this contract.
6.1. 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 V.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 that implement Executive Orders
12549 and 12689, "Department 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 A IT ACHMENT V
prior to the execution of this contract.
6.2 The 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 V.S.C. 1324 a) and the
Immigration Reform and Control Act of 1986 (8 V.S.C. 1101). Such violation shall be cause for
unilateral cancellation of this contract by the Agency.
2
. 6.3
Agenda Item No. 16D2
November 9, 2010
Page 6 of 42
October 2010
NSIP 203.11
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 OMS guidelines at 2 CFR 180 that implement Executive Orders
12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. The contractor
will comply with these provisions before doing business or entering into subcontracts receiving
federal funds pursuant to this contract. He contractor shall complete and sign A 'IT ACHMENT V
prior to the execution of this contract.
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.
7.2 Requirements of s. 287.058. F.S.
7.2.1 The contractor will provide units of deliverables, including various client services, and in some
instances may include reports, findings, and drafts, as specified in this contract, which the Contract
Manager must receive and accept in writing prior to payment in accordance with s. 215.971, F.S (1)
and (2).
. 7.2.2 The contractor will submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre-audit and post-audit.
7.1 ~ If itemized payment for travel expenses is permitted in this contract, the contractor will submit bills
for any travel expenses in accordance with s. 112.061. F.S., or at such lower rates as may be provided
in this contract.
7.2.4
7.3
7.4
7.S
.
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
Agency may unilaterally terminate the contract.
If clients are to be transported under this contract, the contractor shall comply with the provisions of
Chapter 417, F.S., and Rule 41-2, F.A.C.
Subcontractors who are on the discriminatory vendor list may not transact business with any public
entity, in accordance with the provisions ofs. 281.134, F.S.
The contractor will comply with the provisions ofs. 11.062. F.S., and s. 216.341, F.S., which prohibit
the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state
agency.
3
Agenda Item No. 16D2
November 9,2010
Page 7 of 42
October 20 I 0
NSIP 203.11
8.
Background Screening
The contractor shall ensure that, prior to providing services, all persons having access to vulnerable
elders and children, their living area, funds or personal property, or protected health information
pertaining to such individuals, shall pass a Level II criminal background screening in accordance with
the requirements of s. 430.0402 and ch. 435, F.S., as amended. These provisions shall apply to
employees, subcontractors, consultants, direct service providers and volunteers. Consequently, any
commitment for employment, purchase of services, or volunteer program participation shall be
contingent upon the passing of a Level II background check. The background screening shall include
employment history checks as provided in s. 435.03(1), F.S., and both local and national criminal
record checks coordinated through law enforcement agencies.
.
8.1 For purposes of this section, the term "direct service provider" means a person 18 years of age or
older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact
with a client while providing services to the client or has access to the client's living areas or to the
client's funds or personal property. This term include coordinators, managers, and supervisors of
residential facilities and volunteers.
9. 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 of 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 or the grievance
procedure and an opportunity for review of the subcontractor's determination(s).
10.
Audits. Insoections. Investi2ations. Pubtic Records and Retention
.
10.1 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.
10.2 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 of the Agency.
10.3 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.
10.4 To assure that the records described in Paragraph 9 shall be subject at all reasonable times to
inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the
Agency.
10.5 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)(lO), shall be allowed full access to and the right to
examine any of the contractor's contracts and related records an documents pertinent to this specific
contract, regardless of the form in which kept.
4
. 10.6
11.2
11.3
. 11.4
12.
13.
.
Agenda Item No. 16D2
November 9.2010
Page 8 of 42
October 2010
NSIP 203.11
To provide a financial and compliance audit to the Agency as specified in this contract and in
A IT ACBMENT ill and to ensure that all related party transactions are disclosed to the auditor.
10.7
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.S.
11.
Nondiscrimination-Civil Ri2hts Comoliance
11.1
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 se~.
The contractor will retain, on file, dming the term of this agreement a timely, complete and accurate
Civil Rights Compliance Checklist (ATTACHMENT B).
The contractor agrees to establish procedures pursuant to federal law to handle complaints of
discrimination involving services or benefits through this contract. These procedures shall include
notifying clients, employees, and participants of the right to file a complaint with the appropriate
federal or state entity.
If this contract contains federal funds, these assurances are a condition of continued receipt of or
benefit from federal financial assistance, and are binding upon the contractor, its successors,
transferees, and assignees for the period during which such assistance is provided. The contractor
further assures that all subcontractors, vendors, 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.
Provision of Senices
The contractor will provide services in the manner described in ATTACHMENT I.
Monitorinl! bv the Al!encv
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 contract,
and to interview any clients, employees and subcontractor employees of the contractor to assure the
Agency of the satisfactory performance of the terms and conditions of this contract. Following such
review the Agency will 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.
5
October 2010
Agenda Item No. 1602
November 9,2010
Page 9 of 42
NSIP 203.11
14.
Coordinated Monitorin2 witb Other A2eneies
If the contractor receives funding from one or more of the State of Florida other human service
agencies, in addition to the Area Agency on Aging of SW FL and the Deparbnent of Elder Affairs,
then a joint monitoring visit including such other agencies may be scheduled. For the purposes of
this contract, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall
include the Department of Children and Families, the Department of Health, the Agency for Persons
with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon
notification and the subsequent scheduling of such a visit by the designated agency's lead
admini!ltrative coordinator, the contractor shall comply and cooperate with all monitors, inspectors,
and/or investigators.
.
15. IndeDUdfication
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 for claims, demands, actions or causes of action arising solely out of the
Agency's negligence.
15.1 Except to the extent permitted by s. 768.28, F.S., or other Florida law, paragraph 15 is not applicable
to contracts executed between the Agency and state agencies or subdivisions defined in s.768.28(2),
F.S.
16. Insaranee and Bondinl!
16.1 To provide continuous adequate liability insurance coverage during the existence of this contract and
any renewaI(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 wxier this contract.
The limits of coverage under each policy maintained by the contractor do not limit the contractor's
liability and obligations under this contract The contractor shall ensure that the Agency has the most
current written verification of insurance coverage throughout the term of this contract. Such
coverage may be provided by a self-insurance program established and operating under the laws of
the State of Florida. The Agency reserves the right to require additional insurance as specified in this
contract.
16.~ 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.
17. 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.
6
Agenda Item No. 16D2
November 9, 2010
Page 10 of 42
NSIP 203.11
October 2010
. 18
. 21.
22.
22.1
22.2
.
Health Insurance Portabilitv and Accountabilitv Act
Where applicable, the contractor will comply with the Health Insurance Portability and
Accountability Act (42 USC l320d.), as well as all regulations promulgated thereunder (45 CFR 160,
162, and 164).
19.
Incident Report
19.1
The contractor shall notify the Agency immediately, but no later than forty-eight (48) hours fromt the
contractor's awareness or discovery of conditions that may materially affect the contractor or
subcontractor's ability to perform the services required to b performed under this contract.
19.2
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 29 and 415, F.S., this provision is binding upon
both the contractor and its employees.
20.
New Contract(s) ReDortine:
The contractor shall notify the agency with ten(lO) days of entering into a new contract with any of
the remaining four (4) state human service agencies. The notification shall include the following
information: (1) contracting state agency; (2) contract name and number; (3) contract start and end
dates; (4) contract amount; (5) contract description and commodity or service; and (6) contract
manager name and number. In complying with this provision, and pursuant to s. 287.0575, F.S. as
amended, the contractor shall complete and provide the information in A IT ACBMENT D.
BankruDtev Notification
If, at any time during the term of this contract, the contractor, its assignees, subcontractors or
affiliates files a claim for bankruptcy, the contractor must immediately notify the Area Agency on
Aging for SW FL. Within ten (10) days after notification, the contractor must also provide the
following information to the Area Agency on Aging for SW FL., Inc.: (1) the date of filing of the
bankruptcy petition; (2) the case number; (3) the court name and the division in which the petition
was filed (e.g., Florida Middle District, Lee County, Fort Myers, Florida,); and, (4) the name,
address, and telephone number of the bankruptcy attorney.
SPODSorsbiD and Publicitv
As required by s. 286.25, F.S., iftbe contractor is a non-governmental organization which sponsors a
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 he program, state: "Sponsored
by (contractor's name), Area Agency on Aging for SW FL., 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 SW FL., Inc." 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.
The contractor shall not use the words "Area Agency on Aging for SW FL. Inc.,.. 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.
7
October 2010
Agenoa ntH II l'IlI. I UU,-
November 9,2010
Page 11 of 42
NSIP 203.11
23.
Assinments
.
23.1 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.
23.2 The Area Agency on Aging for Southwest 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 agency in the State of
Florida, upon giving prior written notice to the contractor. In the event the Area Agency on Aging
approves transfer of the contractor's obligations, the contactor remains responsible for all work
performed and all expenses incurred in connection with the contract.
23.3 This contract shall remain binding upon the successors in interest of either the contractor or the
Agency.
24. Subcontracts
24.1 The contractor is responsible for all work performed and for all commodities produced pursuant to
this contract, whether actually furnished by the contractor or its subcontractors. Any subcontracts
shall be evidenced by a written document and subject to any conditions of approval the Agency
deems necessary. The contractor further agrees that the Agency shall not be liable to the
subcontractor in any way or for any reason. The contractor, at its expense, will defend the Agency
against any such claims.
24.2 The contractor shall promptly pay any subcontractors upon receipt of payment from the Agency or
other state agency. Failure to make payments to any subcontractor in accordance with s. 287.0585,
F.S., W1less otherwise stated in the contract between the contractor and subcontractor, will result in a
penalty as provided by statute.
25. 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 or 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.
26. Pavment
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 fiscal department for budgetary
approval and processing. Disputes arising over invoicing and payments will be resolved in
8
.
.
.
October 2010
Agenda Item No. 16D2
November 9, 2010
Page 12 of 42
NSIP 203.11
accordance with the provisions of s. 215,422 F.S. A Vendor Ombudsman has been established within
the Department of Finance Services and may be contacted at (850) 413-5665.
27.
Return for FllDeIs
The contractor will return to the Agency any overpayments due to unearned funds or funds
disallowed and any interest attributable to such funds pmsuant to the terms and conditions of this
contract that were disbmsed to the contractor by the Agency. In the event that the contractor or its
independent auditor discovers that an overpayment has been made, the contractor shall repay said
overpayment immediately without prior notification from the Agency. In the event that the Agency
first discovers an overpayment has been made, the Contract Manager, 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 pmsuant to s.
55.03, F.S., after Agency notification or contractor discovery.
28.
Data Inte2ritv and Safenardine: 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 requirement, 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.
29. Computer Use and Social Media Policy
The Department of Elder Affairs has implemented a new Social Media Policy, in addition to its
Computer Use Policy, which applies to all employees, contracted employees, consultants, OPS and
volunteers, including all personnel affiliated with third parties, such as, but not limited to, Area
Agencies on Aging and contractors. Any entity that uses the Department's computer resource
systems must comply with the Department's policy regarding social media. Social Media includes,
but is not limited to blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing social
networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flickr and
YouTube. (ATTACHMENT E)
30.
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, would be involved. Such a conflict
would arise when: (a) the employee, officer or agent; (b) any member of hislher immediate family;
(c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above,
has a financial or other interest in the firm selected for award. The contractor or subcontractor's
officers, employees or agents will neither solicit nor accept gratuities favors or anything of monetary
value from contractors, potential contractors, or parties to subcontracts. The contractor's board
members and management must disclose to the Agency any relationship which may be, or may be
9
October 2010
Agenaa lIem NO. IOUL
November 9.2010
Page 13 of 42
NSIP 203.11
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..
.
31. Public EDtitv 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 for a public entity crime may not submit a
bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real property
to a public entity; may not be awarded or perform work to 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., for CATEGORY TWO for a
period of36 months following the date of being placed on the convicted vendor list.
32. PurdaasiD2
32.1 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 pwposes 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) 642-8459.
32.2 To procure any recycled product or materials, which are the subject of or are required to carry out this
contract, in accordance with the provisions ofs. 403.7065 and 287.045, F.S.
33. Patents. CODVril!hts. Rovalties
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 Elder Affairs. Any and all
patent rights or copyrights accruing under this contact are hereby reserved to the State of Florida in
accordance with Chapter 286, F.S. Pursuant to s. 387,0571 (5) (k) 1 and 2 as amended, the only
exceptions to this provision shall be those that are clearly expressed and reasonably valued in the
contract
33.1 If the primary purpose of this contract is the creation of intellectual property, the state shall retain an
unencumbered right to use such property, notwithstanding any agreement made pursuant to
Paragraph 33. -
34. Emel"2encv PreDaredness and Continuitv of Ooerations
34.1 If the tasks to be performed pursuant to this contract, include the physical care and control of clients,
or the administration and coordination of services necessary for client health, safety or welfare, the
10
.
. 38.
.
38.1
39.
40.
41.
October 2010
Agenda Item No. 16D2
November 9,2010
Page 14 of 42
NSIP 203.11
contractor 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.
34.2
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. .
35.
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.
36.
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.
37.
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.
Financial ConseQuence of Non-Performance
If the contractor fails to meet the minimum level of service or performance indentified in this
agreement, or that is customary for the industry, then the Agency must apply financial consequences
commensurate with the deficiency. Financial consequences may include but are not limited to
contract suspension, refusing payment, withholding payments until deficiency is cured, tending only
partial payments, and/or cancellation of contract and reacquiring services from an alternate source.
The contractor shall not be charged with financial consequences, when a failure to perform arises out
of causes that were the responsibility of the Agency.
No Waiver ofSoverei2:n Immunitv
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.
Venue
If any dispute arises out of this contract, the venue of such legal recourse will be Lee County, Florida.
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.
11
Ot~Jber 2010
Agenda Item No. 16D2
November 9,2010
Page 15 of 42
NSIP 203.11
42. Foree Maieure .
Neither party shall be liable for any delays or failures in performance due to circwnstances beyond its
control, provided the party experiencing the force majeme condition provides immediate written
notification to the other party and takes all reasonable efforts to cure the condition.
43. Severabilitv Clause
The parties agree that if a court of competent jurisdiction deems any term or condition herein void or
unenforceable, the other provisions are severable to that void provision and shall remain in full force
and effect.
44. 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.
45. Ad~onnoeletion
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 Agency's best interest and reduced to a written
amendment signed by both parties. The parties shall negotiate compensation for any additional
services added.
46.
Waiver
The delay or failme 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.
.
47. Compliance
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 contract to immediate, unilateral cancellation of the contract at the discretion of the
Agency.
48. Final Invoice
The contractor shall submit the final invoice for payment to the Agency as specified in Paragraph
3.2.1. (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 theiterms of this contract may be withheld until all reports due from the contractor and necessary
adjustments thereto have been approved by the Agency.
49. ReDe2otiations 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
12
Agenda Item No. 16D2
November 9,2010
Page 16 of 42
NSIP 203.11
October 2010
. SO.
50.1
50.2
50.3
. 50.4
51.
.
Termination
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.
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. Postage 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 Agency shall be the finaI 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.
lIDs 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-l.006(3),
F.A.C. 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.
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; and (2) had a contract terminated by the
Agency for cause.
Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
The contractor name, as shown on page 1 of this Collier County Housing, Human and
Veteran Services
a. contract, and mailing address of the official payee 3301 E Tamiami Trail, Building H
to whom the payment shall be made is: Naples, FL 34112
Marcy Krumbine, Director
The name of the contact person and street address Collier County Housing, Human and
h. where financial and administrative records are . Veteran Services
maintained is: 3301 E Tamiami Trail, Building H
Naples, FL 34112
(239) 252-2273
The name, address, and telephone number of the Marcy Krumbine, Director
Collier County Housing, Human and
c. representative of the contractor responsible for Veteran Services
administration of the program under this contract 3301 E Tamiami Trail, Building H
is: Naples, FL 34112
(239) 252-2273
13
October 2010
Agenda Item No. 16D2
November 9.2010
Page 17 of 42
NSIP 203.11
Area Agency on Aging for Southwest
Florida, Inc.
15201 N. Cleveland Avenue, Ste. 1100
North Fort Myers, Florida 33903
Leigh W. Schield., Executive Director
Area Agency on Aging for Southwest
Florida, Inc.
15201 N. Cleveland Avenue, Ste. 1100
North Fort Myers, Florida 33903
(239) 652-6900
Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall
be provided in writing to the other party and the notification attached to the originals of this
contract.
d.
The section and location within the agency where
Requests for Payment and Receipt and
Expenditure forms are to be mailed is:
.
e.
The name, address, and telephone number of the
Contract Manager for the agency for this contract
IS:
52. AU Terms and Conditions Included
This contract and its Attachments, I - VII, 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 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 43 page contract, to be executed by their
un . ~rsigned officials as duly authorized.
.
ATIEST:
DWIGHT E BROC~ Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Date: November 9.2010
Approved as to form and
Legal sufficiency
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA
eAQ.OQOIDn ~
Assistant County Attorney
By:
Leigh Anna Nowak, Board President
Date:
FEDERAL ID NUMBER: 59.60000558
FISCAL YEAR-END DATE: 09/30
14
.
.
.
.
October 2010
ATTACHMENT
A TI ACHMENT I
A TIACHMENT II
ATI ACHMENT ill
Al 'ACHMENT N
ATIACHMENT V
A TIACHMENT VI
ATI ACHMENT VII
ATIACHMENT A
A TIACHMENT B
A lTACHMENT D
ATIACHMENT E
Agenda Item No. 16D2
November 9.2010
Page 18 of 42
NSIP 203,11
INDEX TO CONTRACT ATl'ACHMENTS
ATl'ACHMENT DESCRIPTION
STATEMENT OF WORK
CERTIFICATION REGARDING LOBBYING
FINANCIAL COMPLIANCE AUDIT ATIACHMENT
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
CERTIFICATION REGARDING DEBARMENT, SUSPENSION.
INELlGIILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
ASSURANCES - NON-CONSTRUCTION PROGRAMS
REQUEST FOR REIMBURSEMENT
DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES
HANDBOOK (ON CD) ..
DEPARTMENT OF ELDER AFFAIRS CNll. RIGHTS COMPLIANCE
CHECKLIST AND INSTRUCTIONS
PROVIDER'S STATE CONTRACTS LIST
DEPARTMENT OF ELDER AFFAIRS' COMPUTER USE POLICY AND
ITS SOCIAL MEDIA POLICY
15
PAGE
16-25
2S
26-31
32
33
34-35
36
37
38-41
42
43
October 2010
Agenda Item No. 16D2
November 9.2010
Page 19 of 42
NSIP 203.11
AlTACHMENT I. :
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
STATEMENT OF WORK
NUTRITION SERVICES INCENTIVE PROGRAM
SECI10N I: SERVICES TO BE PROVIDED
1.1 DEFINITIONS OF TERMS AND ACRONYMS
1.1.~. CONTRACT ACRONYMS
American Recovery and Reinvestment Act of 2009 (ARRA)
Area Agency on Aging (AAA)
Client Information and Registration Tracking System (CIRTS)
Dietary Reference Intake (DR!)
Nutrition Services Incentive Program (NSIP)
Older Americans Act (OAA)
Planning and Service Area (PSA)
Web-based Database System (WebDB)
United States Department of Agriculture (USDA)
1.1.2. PROGRAM SPECIFIC TERMS
American Recovery aDd Reinvestment Act of 2009: ARRA is an economic stimulus package .
enacted by the United States Congress and signed into law by the President on February 17, 2009.
The act is intended to provide a stimulus to the U.S. economy and specifically provides assistance to
those individuals affected by the recession. Assistance provided includes, but is not limited to: job
creation, food program subsidies and the expansion of existing social service programs.
Service Provider Application: A service provider application plan developed by the contractor
outlining a comprehensive and coordinated service delivery system in its planning and service area in
accordance with the Section 306 (42 V.S.C. 3026) of the Older Americans Act (OAA) and agency
instructions.
Service Provider Application Update: A revision to the service provider application wherein the
area agency on aging enters OAA program specific data in the web-based database system (WebDB).
An update may also include other revisions to the service provider application as instructed by the
agency.
1.2 AGENCY'S 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 resoW'CeS and services in their communities while empowering them to live with
independence and dignity.
16
.
.
.
.
October 2010
Agenda Item No. 16D2
November 9,2010
Page 20 of 42
NSIP 203.11
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.
1.2.1. Nutrition Services Incentive Program Mission Statement
The Nutrition Services Incentive Program (NSIP) is intended to provide incentives for the effective
delivery of nutritious meals to older individuals. NSIP allows programs to increase the number
and/or the quality of meals served.
1.3. GENERAL DESCRIPTION
1~.1. General Statement
The NSIP is intended to provide incentives for the effective delivery of nutritious meals to older
individuals. NSIP is a cash allotment or commodity program that supplements ftmding or food used
in meals served under the Older Americans Act and ARRA. Florida has opted for cash payments in
lieu of donated foods.
1.3.2. Authority
(1) Older Americans Act of 2006, as amended, Section 311;
(2) 42 D.S.C. 303a, 42 V.S.C. 604,42 U.S.C. 3057;
(3) Section 430.101, Florida Statutes; and
(4) American Recovery and Reinvestment Act of2009, P.L. 111-5.
1.3.3. Scope of Service
The contractor is responsible for the programmatic, fiscal, and operational management of NSIP,
including oversight of the nutrition service operations of its subcontracted providers. The services
provided under this contract shall be in a manner consistent with and described in the Agency's
current area plan update and the DOEA Program and Summary Handbook. AITACHMENT A.
In fulfilling the terms of this agreement, the contractor's scope of services shall include the following
service tasks: (1) Client Eligibility Determination; (2) Program Eligibility Compliance; (3) Program
Coordination and Oversight; (4) Ensuring Compliance with Prescribed Nutrition Requirements: (5)
Enswing Compliance with Prescribed Food Origin Requirements; and (6) Compliance with Program
Reporting and Records Management Requirements.
The contractor shall use the NSIP funding under this contract to supplement funding for food used in
meals served under the OAA and ARRA.
1.3.4. Term of Provision of Services
The term of this contract for the delivery of services shall be as referenced in Section 3. of the
Standard Contract. However, for the purpose of settling upon the appropriate meal reimbursement
rate, as provided by USDA, the contract shall remain open until December 31, 2011.
17
October 2010
Agenda Item No. 16D2
November 9.2010
Page 21 of 42
NSIP 203.11
Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for the .
payment of any services provided beyond September 30,2011.
1.3.5. Major Program Goals
The major goals of the Nutrition Services Incentive Program (NSIP) program are to:
(1) Supplement funding for food used in meals served by older Americans Act Nutrition Program
Providers; and
(2) Provide incentives for the effective delivery of nutritious meals to older individuals.
1.4 INDMDUALS TO BE SERVED
1.4.1. Individual Eligibility
Congregate Meals:
(1) Individuals age 60 or older;
(2) Spouses (regardless of age) who attends the dining center with his/her eligible spouse;
(3) Persons with a disability, regardIess of age, who reside in a housing facility occupied
primarily by older individuals where congregate nutrition services are provided;
(4) Persons with disabilities residing at home with and accompanying an eligible person to the
dining center; and
(5) V olunteers, regardless of age, who provide essential services on a regular basis dwing meal
hours.
Home Delivered Meals:
(1) Individuals age 60 or older who are also frail and homebound by reason of illness, disability
or isolation;
(2) The recipient's 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 a disability, regardless of age, residing 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
(5) Persons at nutritional risk who are socially or otherwise isolate and unable to attend a
congregate nutrition site.
1.4.2 Restrictions
Meals served to an elderly individual funded in whole or in part under the Medicaid Waiver
Programs or Community Care for the Elderly (CCE) Program or other means tested programs may
not be included in the NSIP count.
S:r;CTION II: MANNER OF SERVICE PROVISION
2.1. SERVICE TASKS
2.1.1. Task List
In order to achieve the goals of the NSIP, the contractor shall ensure the following tasks are
performed:
(1) Client Eligibility Determination;
18
,
I
I
I
I.
.
.
Agenda Item No. 16D2
November 9,2010
Page 22 of 42
October 2010 NSIP 203.11
(2) Program Eligibility Requirements;
(3) Program Coordination and Oversight;
(4) Ensuring Compliance with Prescribed Nutrition Requirements;
(5) Ensuring Compliance with Prescribed Food Origin Requirements; and
(6) Compliance with Program Reporting and Records Management Requirements.
2.1.1.1.Client Eligibility Determination
Client eligibility determination as iisted in ATTACHMENT I, Paragraph 1.4.1.
2.1.1.2. Program Eligibility Requirements
Entities considered to be eligible for program participation must meet the following criteria:
(1) Be an agency that has received a grant under the OAA Title III must service the meal (Ref.
OAA section 311 (42 U.S.C.3030a); and
(2) Be a nutrition service provider who is under the jurisdiction, control, management and audit
authority of the Area Agency on Aging and the Department of Elder Affairs must serve the
meal.
2.1.1.3.Oversight of Provider's Nutrition Service Operations
The contractor shall oversee the nutrition service operations of the provider to ensure that the
requirements of Attachment I, Paragraphs 2.1.1.1 and 2.1.1.2 are met as well as any other applicable
regulations and policies prescribed by the Department of Health and Human Services, USDA, state
and local health departments or any other agency designed to inspect meal quality for the State.
2.1.1.4Prescribed Nutritional Requirements
The contractor shall ensure that each meal provided under this NSIP contract meet the following
criteria:
(I) Comply with the current Dietary Guidelines for Americans, published by the secretaries of the
Department of Health and Human Services and the Department of Agriculture; and
(2) Provide a minimum of 33 1/3 percent of the dietary reference intakes/adequate intakes for an
age 70+ female as established by the Food and Nutrition Board of the National Academy of
Sciences.
2.1.I.S.Food Origin and Commodities Requirements
Consistent with existing requirements of this program, the contractor and/or its service providers may
use NSIP cash to purchase foods of U.S. origin for their nutrition projects under Title III of the OAA.
NSIP funds must be used to expand meal services to older adults.
2.1.1.6.Compliance with Program Reporting and Records Management Requirements
The contractor shall ensure that all program reporting requirements evidencing service delivery are
timely met The contractor must establish interim report submittal due dates for its providers or
subcontractors to permit the contractor to meet the Agency reporting deadlines.
In addition to any special reports that may be requested by the Agency, the contractor shall comply
with the reporting and records management requirements as referenced in ATTACHMENT I,
Paragraph 2.4.2 - 2.4.2.5.
19
October 2010
2.2.
Agenda Item No. 16D2
November 9,2010
Page 23 of 42
NSIP 203.11
Monitoring the Performance of Subcontracton
The contractor shall conduct at least one monitoring per contract 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.
2.3 SERVICE LOCATION AND EQUIPMENT
2.3.1. Service Times
The contractor shall ensure the provision of the services listed in this contract are available at times
appropriate to meet client service needs at a minimum, during normal business hours. Normal
business hours are defmed as Monday through Friday, 8:00 a.m. to 5:00 p.m.
2.3.2. Equipment
2.3.2.1.Equipment means: (a) an article of non expendable, 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 non-conswnable nature with an
acquisition cost of $1,000.00 or more per unit, and expected useful life of at least one year; and
hardback bound books non circulated to students or the general public, with a value or cost of
$250.00 or more [for state funds].
2.3.2.2.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 OMB Circular A-I 10) that include; (a) a property
list with all the elements identified in the circular; and, (b) a procedure for conducting a physic:al
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.
2.3.2.3.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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
A description of the equipment;
Manufacturer's serial nwnber, model number, Federal stock number, national stock number,
or other identification number;
Source of the equipment, including the award number;
Whether title vests in the contractor or the Federal Government;
Acquisition date (or date received, if the equipment was furnished by the Federal
Government) and cost;
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.
Location and condition of the equipment and the date the information was reported;
Unit acquisition c:ost; and
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.
.
.
.
20
.
'.
.
October 2010
Agenda Item No. 16D2
November 9. 2010
Page 24 of 42
NSIP 203.11
2.3.2.4.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
request for proposal (RFP) approved by the Agency is part of the cost of carrying out the activities
and functions of the grant awards and Title (ownership) with vest in the contractor, subject to the
conditions of2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-I 10), Subpart
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-1.00l7,
F.A.C. or Title 45 CFR Part 74.
2.3.2.S.The contractor shall not dispose of any equipment or materials provided by the Agency, or purchased
with funds provided through this contract without first obtaining the approval of the Agency's
Contract Manager. When disposing of property or equipment the contractor must submit a written
request for disposition instructions to the respective Contract Manager. The request should include a
brief description of the property, purchase price, funding source, percentage of state or federal
participation, acquisition date and condition of the property. The request should also indicate the
contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal
programs, offer the items for sale, destroy the items, etc.).
2.3.2.6. The Agency's Contract Manager will issue disposition instructions. If disposition instructions are not
received within 120 days of the written request for disposition, the contractor is authorized to proceed
as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-I 10).
2.3.2.7.Real property means land (including land improvements) buildings, structures and appurtenances
thereto, but excludes movable machinery and equipment. Real property may not be purchased with
state or federal funds through agreements covered under this contract without the prior approval of
the Agency. Real property purchases from Older Americans Act funds are subject to the provisions
of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b United States Code (USC). Real property
purchases from state fund can only be made through a fixed capital outlay grants and aids
appropriation and therefore are subject to the provisions of s.2l6.348, F. S.
2.3.2.8.Any permanent storage devices (e.g.; hard drives, removable storage media) must be reformatted and
tested prior to disposal to ensure no confidential information remains.
2.3.2.9.The contractor must adhere to the Agency's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An
ITR worksheet is required for any computer related item costing $1,000.00 or more, including data
processing hardware, software, services, supplies, maintenance, training personnel and facilities. The
completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided
to the Agency upon request. The contractor has the responsibility to require any subcontractors to
comply with the department's ITR procedures.
2.4. DELIVERABLES
2.4.1. Service Unit
21
October 2010
Agenda Item No. 16D2
November 9.2010
Page 25 of 42
NSIP 203.11
The contractor shall provide the services described in the contract in accordance with the current .
Department of Elder Affairs Programs and Services Handbook. The chart below lists the services
that can be performed and the unit of measurement:
Service
Congregate Meals (under OAA and ARRA)
Home Delivered Meals (under OAA and
ARRA)
Unit of Service
1 Unit = 1 Meal
1 Unit = 1 Meal
2.4.2. Reports and Reporting Requirement
The contractor shall adhere to the reporting and records management requirements outlined below.
The contractor is responsible for responding in a timely fashion to additional routine and/or special
requests for information and reports required by the Agency,
2.4.2.2 C6ent Iaformation and Registration Tracking System (CIRTS) Reports
The contractor is required to use CIRTS reports in the web-based CIRTS database system to ensure
CIRTS data accuracy. The report categories include:
(1) Client Reports;
(2) Monitoring Reports:
(3) Services Reports;
(4) Miscellaneous Reports;
(5) Fiscal Reports;
(6) Aging Resource Center Reports; and
(7) Outcome Measurement Reports.
.1
2.4.2.3 Senice Costs Reports
The contractor shall submit to the Agency semi-annual service cost reports, which reflect actual costs
of providing each service by program. This report provides information and planning and negotiating
unit rates. The reports are due August 15 and February 15.
2.3.2.4 Surplus/Deficit Report
The contractor will submit a consolidated surplus/deficit report in a format provided by the Agency to
the Agency's Contract Manager by the 18th of each month. This report is for all agreements and/or
contracts between the contractor and the Agency. The report will include the following:
(1) A list of all subcontractors and their current status regarding surplus or deficit;
(2) The contractor's detailed plan on how the surplus or deficit spending exceeding the threshold
specified by the Agency will be resolved;
(3) Recommendations to transfer funds to resolve surplus/deficit spending;
(4) Input from the contractor's Board of Directors on resolution of spending issues, if applicable;
(5) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a
priority ranking score of 4 or 5; and
(6) Number of clients currently on the APCL designated as Imminent Risk.
2.4.2.5 Records Ma.agement and Documentation
The contractor will ensure the collection and maintenance of client and service information on a
monthly basis from the Client Information and Registration Tracking System (CIRTS) or any such
22
.
.
Agenda Item No. 16D2
November 9.2010
Page 26 of 42
NSIP 203.11
October 2010
2.5.
2.5.1.
2.5.2.
system designated by the Agency. Maintenance includes valid exports and backups of all data and
systems according to Agency standards.
PERFORMANCE SPECIFICATIONS
Outcomes and Outputs
(1) The contractor shall submit timely to the Agency all reports describe in Attachment I,
Paragraph 2.4.2. Reports;
(2) The contractor shall submit timely to the Agency all information described in Attachment I,
Paragraph 2.4.3. Records and Documentation;
(3) The contractor shall ensure services in this contract are in accordance with the current
Department of Elder Affairs Programs and Services Handbook.
Monitoring and Evaluation Methodology
The Agency will review and evaluate the performance of the contractor under the terms of this
contract Monitoring shall be conducted through direct contact with the contractor through telephone.
in writing, or an on'-site visit. The Agency's determination of acceptable performance shall be
conclusive. The contractor agrees to cooperate with the Agency in monitoring the progress of
completion of the service tasks and deliverables.
2.5.3 Remedies-Nonconformin2 Meals and Services
The contractor shall ensure that all meals and reimbursed under this agreement are compliant with the
prescribed nutritional requirements referenced in AITACHMENT I, Paragraph 2.1.1.3 - 2.1.1.5.
2.6.
2.6.1.
Any nonconforming meals not meeting such nutritional and food origin requirements shall not be
eligible for reimbursement under this program. The costs associated with preparing or providing
nonconforming meals shall be borne solely by the contractor. The Agency requires immediate notice
of any significant and/or systemic infractions that compromise the quality, safety or nutritional value
of meals served to clients.
CONTRACTOR'S FINANCIAL OBLIGATIONS
Use of Service Dollars and Assessed Priority Consumer List Management
The contractor is expected to spend all federal, state and other funds provided by the Agency, for the
purpose specified in each contract. The contractor must manage the service dollars in such a manner
SO as to avoid having a wait list and a surplus of funds at the end of the contract period for each
program managed by the contractor. If the Agency determines that the contractor is not spending
service funds accordingly, the Agency may transfer funds to other contractors during the contract
period and/or adjust subsequent funding allocations accordingly as allowable under state and federal
law.
The Agency agrees to distribute funds as detailed in this contract and the service provider's
application update. Any changes in the total amounts of the funds identified in this contract, number
of meal served or meal rate require a contract amendment
2.7. AGENCY RESPONSIBILITIES
. 2.7.1. Agency Obligations
23
October 2010
Agenda Item No. 1602
November 9.2010
Page 27 of 42
NSIP 203.11
2.-,.1.1.Program Guidance and Technical Assistance
The Agency will provide to the contractor guidance and technical assistance as needed to ensure the
successful fulfillment of the contract by the contractor.
.
2.7.1.2.ProgramlContraet Monitoring
The Agency shall, at its own discretion, conduct monitoring concerning any aspect of the contractor's
perfonnance of this contract
SECTION ID: MEmOD OF PAYMENT
3.1. STATEMENT OF METHOD OF PAYMENT
lIDs is a fixed rate contract. The Agency shall make payment to the contractor for provision of
services up to a maximum number of units of service and at the prospective rate stated below:
COLLIER
Service to be Provided
Unit of Service
Unit Rate
Maximum UIlits
Eligible Congregate and
Home Delivered Meals
(Under OAA and
ARRA
1 unit = I meal
$0.68
60,985
.
The prospective rate is based on the estimated OAA grant award.
3.2. REQUESTFORPAYMENT
3.2.1. Date for Final Request for Payment
(1) The final request for payment will be due to the Agency no later than December 10. 2011.
This contract is for services provided during the 2010 Federal Fiscal Year beginning October
1.2010 through SeDtember 30. 2011. however, the contract is in effect through December
10.2011. The additional three months (October 1.2011 through December 10. 2011) are to
allow rates to be adjusted for the service period. This contract shall automatically terminate
after the final rate for the federal fiscal year has been established and the release of final
payments are authorized by the agency.
(2) In the event that the fmal reimbursement rate is greater or less than the rate in Attachment I,
Paragraph 3.1, then this contract shall be appropriately adjusted upon notice from the agency's
Contract Manager.
3.2.2. Documentation for Payment
24
October 2010
Agenda Item No. 1602
November 9,2010
Page 28 of 42
NSIP 203.11
.
All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and
Client Information and Registration Tracking System (CIRTS) policy regarding data entry for
reimbursable meals. All requests for reimbursement shall include:
(1) The request for reimbursement shall be submitted on DOEA Form 117aar 4/09, NSIP Request
for Reimbursement, (Attachment VD);
(2) A CIRTS report must be submitted with DOEA Form 117aar 4/09 as supporting
documentation for the total number of meals reported. The CIRTS report must match the
number of meals reported on DOEA Form l17aar 4/09;
(3) Duplication or replication of the DOEA Form l17aar 4/09 via data processing equipment is
permissible but replication must include all data elements in the same format as included on
the departmental form; and
(4) The due date for the request for reimbursement and report (2) shall be no later than the 10th
day of the month following the month being reported except for the final request for
reimbursement (December 2011) shall be no later than December 10. 20 II.
Invoices shall be in sufficient detail for a proper pre-audit and post-audit thereof. The contractor
shall maintain documentation to support payment requests that shall be available to the Department
of Financial Services or the Agency upon request.
.
Any payment due by the Agency under the terms of this contract may be withheld pending the receipt
and approval by the Agency or complete and accurate financial and programmatic reports due from
the contractor and any adjustments thereto, including any disallowance not resolved as outlined in
Paragraph 27 of this contract.
.
25
October 2010
Agenda Item No. 16D2
November 9, 2010
Page 29 of 42
NSIP 203.11
.
ATTACHMENTll
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any state or federal agency, a member of
congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee
of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying, " in accordance with its instructions
(3) The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative
agreements) and that all subcontractors shall certify and disclose accordingly.
.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or ~'ltered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
scctJon 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty ofoot less than $]0,000 and not more than $100,000 for each such failure.
Signature
Date
Name of Authorized Individua]
Application or Agreement Number
Name and Address of Organization
DOEA Fonn 103
(Revised Noy 2002)
AppnMKIaa to form & legal Sufficiency
~-m~
Asststant County Attorney
26
ATTEST:
DWIGHT E. BROCK. Clerk
By:
.
.
.
October 2010
Agenda Item No. 1602
November 9,2010
Page 30 of 42
NSIP 203.11
AITACHMENTm
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the for Southwest Florida, Inc. to the provider may be subject to audits
and/or monitoring by the Area Agency on Aging of Southwest Florida, Inc., as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215,97,
F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the agency of
staA'~ limited scope audits as dermed by OMB Circular A-133, as revised, and/or other procedures. By entering into
this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Area Agency on Aging of Southwest Florida, Inc. In the event the Area Agency on Aging of
Southwest Florida, Inc determines that a limited scope audit of the provider is appropriate, the provider agrees to
comply with any additional instructions provided by the Area Agency on Aging of Southwest Florida, Inc to the
provider. regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB
Circular AI33, as revised.
In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-I33, as
revised. EXHIBIT t to this agreement indicates Federal resources awarded through the Area Agency on Aging of
Southwest Florida, Inc by this agreement In determining the Federal awards expended in its fIScal year, the provider
shall consider all sources ofFedera1 awards, including Federal resources received from the Area Agency on Aging of
Soutltwest Florida, Inc. The determination of amounts of Federal awards expended should be in accordance with the
gu;.elines established by OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General
in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C orOMB qrcular A-133, as revised.
If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than
$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of
OMB Circular At33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such
audit must be paid from provider resources obtained from other than Federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Area Agency on Aging of Southwest Florida, Inc., shall be based
on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The
f"mancial statements shall disclose whether or not the matching requirement was met for each applicable agreement.
All questioned costs and liabilities due to the Area Agency on Aging of Southwest Florida, Inc., shall be fully
disclosed in the audit report with reference to the Area Agency on Aging of Southwest Florida, Inc., agreement
involved. If not otherwise disclosed as required by Section .31O(bX2) of OMB Circular A-133, as revised, the
schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with
27
October 2010
Agenda Item No. 16D2
November 9,2010
Page 31 of 42
NSIP 203.11
the Area Agency on Aging of Southwest Florida, Inc., in effect during the audit period. Financial reporting packages
required under this part must be submitted within the earlier of 30 days after receipt of the audit- report or 9 months
after the end of the provider's fiscal year end.
.
PARTU: STATE FUNDED
This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event
that the provider expends a total amount .of state fmancial assistance equal to or in excess of $500,000 in any fiscal
year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single
or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the
Agency of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state fmancial assistance awarded
through the Area Agency on Aging of Southwest Florida, Inc by this agreement. In detennining the state financial
assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including
str"' financial assistance received from the Area Agency on Aging of Southwest Florida, Inc, other state agencies, and
other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements .'H
In connection with the audit requirements addressed in Part II, paragraph I, the provider shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a fmancial
reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending
September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,
the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from
the provider resources obtained from other than State entities).
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Area Agency on Aging of Southwest Florida, Inc shall be based on
the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shan
disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and
liabilities due to the Area Agency on Aging of Southwest Florida, Inc shall be fully disclosed in the audit report with
ref. "eIlce to the Area Agency on Aging of Southwest Florida, Inc agreement involved. If not otherwise disclosed as
required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify
expenditures by agreement number for each agreement with the Area Agency on Aging of Southwest Florida, Inc in
effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days
after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental
entities. Non-profit or for-profit organizations are required to be submitted within 4S days after delivery of the audit
report, but no Iater than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion,
the Area Agency on Aging of Southwest Florida, Inc retains all right and obligation to monitor and oversee the
perfonnance of this agreement as outlined throughout this document and pursuant to law.
PART m: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised,
by or on behalf of the provider directly to each of the following:
The Area Agency on Aging for Southwest Florida, Inc. at the following address:
28
.
.
.
October 2010
Agenda Item No. 16D2
November 9,2010
Page 32 of 42
NSIP 203.11
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh W. Schield, Executive Director
15201 N. Cleveland Avenue, Ste 1100
North Fort Myers, Florida 33903
Phone: (239) 651-6900
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320 (dXI) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit CleariDlhonse
Bureau of the Census
1201 East 10th Street
Jefl'enonvllle, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as
revised.
Pur..uant to Sections .320(f), OMB Circular A-l33, as revised, the provider shan submit a copy of the reporting
package described in Section .320{c), OMB Circular A-133, as revised, and any management letter issued by the
auditor, to the AAA at each of the following addresses:
Area Agency on Aging for Southwest Florida, Ioe.
Attn: Leigh W. Schield, Executive Director
15201 N. Cleveland Avenue, Ste 1100
North Fort Myers, Florida 33903
Phone: (239) 652-6900
Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on
behalf of the provider directly to each of the following:
The Area Agency on Aging for Southwest Florida, Inc. at the following address:
Area Agency on Aging for Southwest Florida, Inc.
Attn: Leigh W. Schield, Executive Director
15201 N. Cleveland Avenue, Ste 1100
North Fort Myers, Florida 33903
Phone: (239) 652-6900
Th~ Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
Any reports, management letter, or other information required to be submitted to the AAA pursuant to this agreement
shall be submitted timely in accordance with OMB 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 AAA for audits done in accordance with OMB Circular
A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
29
October 2010
Agenda Item No. 16D2
November 9,2010
Page 33 of 42
NSIP 203.11
Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence .
ac<..vmpanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its compliance with the tenns 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 of Southwest Florida,
Inc or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that
audit working papers are made available to the Area Agency on Aging of Southwest Florida, Inc, or its designee, CFO,
or Auditor General 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 of Southwest Florida, Inc.
ATTACHMENTm
EXHIBIT -1
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
COLLIER
PROGRAM TITLE
-
Null'ition Services Incentive Program
FUNDING SOURCE
Older Americans Act
CFDA
93.053
AMOUNT
$41,470.00
TOTAL FEDERAL AWARD
$41,470.00
.
30
.
.
.
.
October 2010
Agenda Item No. 16D2
November 9,2010
Page 34 of 42
NSIP 203.11
ATTACHMENTm
EXlUBIT-2
PART I: AUDIT RELATIONSHIP DETERMINATION
Pre iden who receive state or federal resources mayor may not be subject to the audit requirements orOMB Circular A-133, u
revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients offedcral awards BIldlor
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 ofwhcther 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 fJSCal compliance requirements.
In accordance with Sec. 210 ofOMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be:
_ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S.
--L- Recipientlsubrecipient subject to OMB Circular A-133 and/or Section 215,97, F.S.
NOTE: Ifa provider is determined to be a recipient /subrecipient offederal and or state financial assistance BIld has been approved
by the agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), FAC [state financial
assistance] and Section _ .400 OMB Circular A-133 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL A WARDS. 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 C~ Principles for State, Local and Indian Tribal Governments (Formerly OMB
Circular A-87).
OMB Circular A-I 02 - Administrative Requirements
OMB Circular A-133 -Audit Requirements
Reference Guide for State ExpenditW"es
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-I22 - Cost
Principles).
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II 0 - Administrative Requirements)
OMB Circular A-133 -Audit Requirements
Reference Guide for State ExpenditW"es
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 Part 215 Administrative 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 1.
STATE FINANCIAL ASSISTANCE. Providers who receive state fmancial assistance and who are determined to be a
reci"ientlsubrecipient, must comply with the following fiscal laws, rules and regulations:
Section 215.97, Fla. Stat.
Chapter 691-5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State ExpenditW"es
Other fiscal requirements set forth in program laws, rules and regulations
31
<X~.)ber 2010
NSIP 203.11
ATIACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR AGREEMENTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an
attachment, hereby certifies that:
(1) The contractor and any sub-contractors ofservices underthis contract have fmancial management systems capable of
providing certain information. including: (I) accurate, current, and complete disclosW'e of the fmanciaJ results of each
grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application
offunds for aU agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award.
The inability to process information in accordance with these requirements could result in a return of grant funds that
have not been accounted for properly,
(2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the contractor
is dependent fur data that is to be reported. transmitted or calculated, have been assessed and verified to be capable of
processing data accurately, including yeat-date dependent data. For those systems identified to be non-compliant,
contractor(s) will take immediate action to assure data integrity.
(3) Iftbis contract includes the provision ofhardwarc, software, firmware, microcode or imbedded chip technology, the
undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of
these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for
accuracy and integrity of data prior to transfer.
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 contractor agrees to immediately make required
corrections to restore hard....'are and software programs to the same level of functionality as warranted herein, at no charge
to the State, and without interruption to the ongoing business of the state, time being of the essence.
(4) The contractor 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 contractor shall require that the language of this certification be included in all subagreements, subgrants, and other
agreements and that all sub-contractors shall certify 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 certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars AIO!
and 2 CFR Part 215 (formerly OMB Circular A-I 10).
Collier County Board of County Commissioners.. 3301 Tamiami Trail E.. Naples. FL 34112
Nazr-o: and Address of Contractor
Signature
Chairman
Title
Il109/l 0
Date
Name of Authorized Signer
~~""fonn&"'9"_CY
W Colleen Greene,
AssIStant Co\.Ilty Attorney
AI leST:
DWIGHT e. BROCK, Clerk
32
By:
November 9, 2010
Page 36 of 42
October 2010
NSIP 203.11
ATTACHMENT V
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
FOR LOWER TIER COVERED TRANSACfIONS
(I) The prospcc;tive contractor certifies, by signing this certification, neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible; or voluntarily excluded from participation in this transaction by any federal
agency or agency.
(2) Wb~ the prospective contractor is unable to ~ to any of the statements in this certification, such prospective participant
shaU attach an expJanationto this certification.
Signature Title
11109110
Date
Chalrmall
Title
Collier Count\' Board of Commissioners
Agency/Organization
(Certification signatw'e should be same as Contract signature.)
InstructioDs for Certification
The terms "covered transactiOn," "debarred," "suspended." "ineligible," "lower tier covered transacti~ " "person, n "primary
'.overed transaction," and "voluntarily excluded." as used herein, have the meanings set out in the sections of rules
~mplementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2 CFR 316.10-376.995). You may
contact the Contract Manager for assistance in obtaining a copy of those regulations.
2 This certification is a material representation of facts upon whlch reliance was placed when the parties entered into this
transaction. If it is later determined that the contractor 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.
3 The contractor will provide innnediate written notice to the Contract Manager if at any time the contractor learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor may
decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier
covCRd transaction may. but is not required to, check the Excluded Parties List System (EPLS).
4 The contractor 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
S The contractor 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
6 If the cOntractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,
or voluntarily excluded from participatlonin this transaction, in addition to other remedies available to the federal
~vemment, the agency may pursue available remedies, including suspension, and/or debarment.
7 The contractor may rely upon a certification ofa prospective participant in a lower tier covered transaction that it is not
debarred, suspended, ineUgible, or voluntarily excluded from the covered transaction. unless it knows that the certification is
erroneous.
(Revised illDC 2OOJ)
r;r.mkMm&~~
Colleen Greene,
AaIiIIbW County Attorney
33
ATTES1':
DWIGHT E. BROCK. Clerk
By:
October 2010
Agenda Item No. 16D2
November 9.2010
Page 37 of 42
NSIP 203.11
.
AITACHMENT VI
ASSURANCES-NON-CONSTRucnON PROGRAMS
Public reporting burden for this collection of infonnation 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 aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget Paperwork: Reduction Project (0348-
0043), Washington, OC 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.
Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including
funds sufficient to pay the non-Federal share ofproject cost) to ensure proper planning, management, and completion of the
project descnDed in this application.
2
Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any
authorized representative, access to and the right to examine all records, books, papers, or docmnents related to the award;
and win establish a proper accOlmting 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 penonal or organizational conflict of interest, or personal gain.
4
6.
Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. .
Will comply with all Federal statutes relating to nondiscrimi~ation. These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (P,L. 88-352) which prohibits discrimination on the basis ofrace, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 V,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 V.S.C..794), which prohibits discrimination on the
basis ofhandic:aps; (d) the Age Discrimination Act of 1975, as amended (42 V.S.C.. 6101-6107), which prohIbits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) 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;
(g1 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C.. 290 dd-3 and 290 ee 3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VllI of the Civil Rights Act of 1968 (42 V.S.C~ 3601 et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in
the specific statute(s) under which application for Federal assistance is being made; and G> the requirements of any other
5
Will comply with the Intergovernmental Personnel Act of 1970 (42 V.S.C. 4728-4763) relating to prescnbed standards for
merit systems. for programs funded under one of the 19 statutes or regulations specified in Appendix A ofOPM's Standards
for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
7.
Will comply, or has already complied, with the requirements of Titles Il and III of the uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in pW'Chases.
8.
Will comply, as applicable, with the provisions of the Hatch Act (5 V.S.C. 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.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 V.S.C. 276a to 276a-7), the Copeland Act (40
V.S.C. 276c.and 18 V.S.C.. 874) and the Contract Work Hours and Safety Standards Act (40 V.S.C. 327-333), regarding
labor standards for federally assisted construction subagrc:ements.
.
34
Agenda Item No. 16D2
Page 38 of 42
October 20 to
NSIP 203.11
10. Will comply, ifapplicable. with flood insurance purchase requirements of Section 102(a) of the Flood Disaster PfotectiOft
Act of 1973 (p.L. 93-234) which requires recipients in a special flood hazard area to participate in the prognunand to
purchase flood insurance iftbe total cost of insurable construction and acquisition is $10,()O() or more.
11. 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 ofviolating facilities pursuant to EO ]] 73 8; (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 1912 (16 V.s.C, Federal
actions to State (Clear Air)1451 et seq.J; (1) conformity of ImpJementationPlans under Section 1 76(c) of the Clear Air Act
of 19S5. as. amended (42 V.S.C. 7401 et seq.); (g) protection of underground sources of drinking water tmder the Safe
Drinking Water Act of 1974, as amended, (p.L. 93-523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the WIld and Scenic Rivers Act of 1968 (16 V.S.C. 1721 et seq.) related to protecting components or
POtential. components of the national wild and scenic rivers system.
13. Will assistlbe awarding agency in assuring compliance with Section 106 of the NatIonal Historic Preservation Act of 1966,
as amended (16 V.S.C, 470), EO 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 V.S.C,469a-1 et seq.):
14. W ill comply with P.L. 93-348 regarding the protection of human subjcctsinvolved in research, development, and re Jated
activities supported by this award of assistance.
IS. Will comply V,1th the Laboratory Animal Welfare Act of1966 (p.L, 89-544, as amended, 7 V.S.C..2131 et seq.) pertaining to
tho care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this
award of assistance.
16. WiD comply with the Lead-Based Paint Poisoning Prevention Act (42 V.S.C..4801 et seq.), which prohibits the use of lead-
based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act
Amendments of I 996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Proftt
Organizations.
18. Will comply with all applicable requirements of all other Federal la\\o'5, executive orders, regulations and policies governing
this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Chairman
APPLICANT OROANIZA nON
DATE SUBMITTED
CoIUcr County Board of Commissioners
1lI09/1O
r!F-.~bm&~~
. C COlleen Greene.
AsIlstInt County Attorney
35
ArreST:
DWIGHT E. SROCK, Clerk
,
By:
Oct/Jber 2010
Agenda Item No. 16D2
November 9,2010
Page 39 of 42
NSIP 203.11
.
ATIACHMENT VII
'. '-~'----------'--REQUESTFOR'RElMBURSEIIENT -~--
_____..L=-===-_=------- NadIcMl~~ IncdYe Proanim--- -- .: .._=-=--~-----..
_ ---'__ ____~.-__ _ . _________~rtc~~~C!!_~~,R~~_~_~____~-----------_+-
--.,------j-- .-- .-.-------.---.-... '-'. .-....-.---.------. --.--- -----------r...
I I'ROVID~!'l!AM~~DRESS.~~ FEI.~ rr~H)F REPORT _:_
~_.- -- -.:_---;----~_.._----_._--,---. -. .----- ..-.-.----.---
_..~..---1-_-~---n _______,__ ,_~~R~___
T.tt!S R~~EST P~~LO~_ _____
From
To
~- . -i-=-~~~-~~==;-----=---:-=- - .
-----~----;------ - -
!'
._~-----~
R4t9.~_.~
~~.
Conlract .
PSA.
I
- -....------.-.-. .-- .----____~_ _____._ . ---1.____
_ C.1;.~'t!fICA TI9N: L ~~thC to~ best of ~~8!...~~ infoll,MItio., inJ!~..~rt i!.~~~_II!!~~~___.u
1nd.~~_~~_r:-po~herei1_wwe_~~~1or1hin~_conlr8dcL~~._______ ~__.__ _n _ '.__
DD:
oa
~AR'T:.~EIM8UFtS~T C~M~T19fi__...
YEAR TO DATE
______c~~_'~:I~~I~_
_1. ~~~ Serwd _ ____.. ______
--~-- ~-- ---"--.-- -.------ ----.--.----- ---p _..-. -----------~~-~.--.
2.._~1 T~~ $ ~r~.._.____ ___._.$
-.-- . .-- $
.
S~tD.~R.imt)l.s;CC-=..::=.~---=-~~--- ~_=.- S'-
____u_ _ $
~~T _B-=_~9NT_~~J_~Y___.
. ! ,
,- -,._------- - -- ----,,--- ---
,
__ ____L..--_. ____.. _ .______ _____ . _
n_ 4-,_Ap~~~_~ ______.__ .___
:._ __ _._._L_____u... __._._____ __ _.__
~ 5. R~ R!CfI!!~!L~ LIISt R~
I....._~ __ .. ~_____ ________.___ - __._____~_ -
l_ 8. ~~ ~.P.!l' 4ast_~~ u__n_ _ __ _____
_____________.___. . S
$
----------
-'--.--- -.---- - -----' ~
-.i__..J._'A _____~_.______________ _.__~_____
I._~~jI!:I_b~R.im~.!li!..~~. _____.._ UU ___ . _n_ ....S
__ _._ _L______ . ____ _u_____ _ "_n._ ____ _______._._______._
. 8._~~____ _____ ___ S
:...
---------_.~~-_. ----... -- ---------~ ------------------------- --.----- -,----------- - --- -- .--"--------- --.
p~r~.;. AR!ti~~ in ~~) ___'_'u _ __ ____C~GRE~r~ M~~ _ __h __IiQ~ILDglV;I!.ED M~~ _.__
l>._~~!_._ _.
,
$
. _ _ __ S
10.:...!.-r= OlD Expe~___________ __ ____ S
___.___ __ .__ __ S
t-- 11-!-~~..-1--~ --~
t~-= f2._ y~~ ~..~--=-=-= -~~=-_ _ =~=
I ,
"DOeAF;:!n 111"'-4ID9-- .--------
36
October 2010
Agenda Item o. 1
November 9. 2010
Page 40 of 42
NSIP 203.11
I.
A1TACHMENT A
.
Deparbnent of Elder Affairs Programs & Services Handbook, provided on CD.
Also, available at the Department's Intranet site under, "Publications."
.
37
Agenda Item No. 16D2
November 9,2010
Page 41 of 42
.
Attestation Statement
Agr=mentlContract Number NSIP 203.11
Amendment Number
I,
Fred W. Covle. Chainnan
(Recipient/Contractor represerltative)
attest that no changes or revisions have been made to
the content of the above n:fcrenccd agrecment/con1:r8ct or amendment between the Area Agency on
Aging for Southwest Florida, Inc. and
Collier County Board of Commissioners
(Recipient/Contractor name)
.
The only exception to this statement would be for changes in page f()J'lTlAttiTlg, due to the differences in
electronic data processing media, which has no affect on the agreementIcontract content.
Signature ofRccipientlContractor representative
November 9. 201 0
Date
Approved as to form and
legal sufficiency
~{Yl ~ 0
Assistant County Attorney
Revised April 201 0
AI n:o'f.
DWDn" E. BROCK. CIIIIc
s,:
.
.
.
VERIFICATION OF EMERGENCY PREPAREDNESS PLAN
Contract # NSIP 203.11
Agenda Item No. 16D2
November 9,2010
Page 42 of 42
I, Fred W. Covle . certify that Collier County Board of County Commissioners
(Name ofau1borizcd contractor I~......lld:i~) (Name of contractor)
bas a current and properly maintained Emergency Preparedness Plan. Assmance is given that
the plan will be made available to the Department of Elder Affairs (OOEA) upon request.
Signature of autborized c:ontractor u'JIS~ntative
Chairman
Title
Novembc:r9.2010
Date
Approved as to form and
legal sufficiency
Assistant County Attorney
OOEA Contract Manager's Review
Initial
Date
ATTEST:
DWIGHT E. BROCK. a.tc
By: