Loading...
Item C24C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: C24 Agenda Item Summary #4588 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292 -4510 N/A AGENDA ITEM WORDING: Approval to rescind Item C -31 from June 20, 2018, BOCC Agenda AND approval of Annual Agreement between Tranquility Bay Adult Day Care (of Plantation Key) and Monroe County Social Services to provide Facility -Based Respite Services to elderly and disabled citizens residing throughout Monroe County in an amount not to exceed $50,000 for the period of 7/1/2018 through 06/30/2019. ITEM BACKGROUND: Monroe County Social Services and Tranquility Bay Adult Day Care (of Plantation Key) agreed to enter into a contract that was placed on the June 20, 2018, BOCC agenda; however, the Insurance forms were inadvertently omitted from the agenda backup. This item corrects the omission. Monroe County Social Services receives grant funding from the Alliance for Aging to provide Facility -Based Respite and Caregiver Services to elderly and /or disabled Monroe County residents. Tranquility Bay Adult Day Care (of Plantation Key) is providing these services and meeting these critical needs for this population in a highly successful manner. PREVIOUS RELEVANT BOCC ACTION: C -31, Agreement T134 18/19, Agreement between Tranquility Bay (of Plantation Key) and Monroe County Social Services approved by BOCC on 6/20/2018. CONTRACT /AGREEMENT CHANGES: Annual Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: pk1819 FINANCIAL IMPACT: Effective Date: 7/1/2018 Expiration Date: 06/30/2019 Total Dollar Value of Contract: $50,000.00 Total Cost to County: Current Year Portion: Budgeted: Source of Funds: Grant CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: Yes County Match: Insurance Required: Yes Additional Details: If yes, amount: REVIEWED BY: Sheryl Graham Completed 07/31/2018 3:40 PM Pedro Mercado Completed 07/31/2018 3:43 PM Budget and Finance Completed 07/31/2018 3:58 PM Maria Slavik Completed 07/31/2018 5:27 PM Kathy Peters Completed 07/31/2018 5:48 PM Board of County Commissioners Pending 08/15/2018 9:00 AM 1012 a UN li, H F.W.' i M THIS AGREEMENT, made and entered into this 15th day of August, 20 18 by and between MONROE COUNTY, FLORIDA,/Monroe Count Social Services a political subdivision y of the State of Florida (hereinafter called the "Owner" or "County"), and Tranquility Bay Adult Day Care. (Contractor). WHEREAS, the County provides Services to the elderly and disabled residing throughout Monroe County; and WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida 4- Department of Children and Families, the Florida Agency for Health Care Administration, and the Monroe County Board of County Commissioner for the purposes of providing Social Services Countywide:and WHEREAS, the County has provided Services to assist the vulnerable elderly and/or disabled residents to remain in their homes and maintain independence for over 30 years-, and WHEREAS, the County desires to contract for Facility-Based Respite Services to ensure that such services are available throughout the County, and WHEREAS, ranquility Bay Adult as Care is qualified and desires to provide Services; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows- That the parties hereto, for the consideration hereinarter set forth, mutually agree as follow- A. The Contractor shall maintain adequate staffing levels to provide the services required under this contract. n B. The personnel shall not be employees of or have any contractual relationship with the County. C. All personnel engaged in performing services under this contract shall be fully engaged Z� qualified, Level 11 background screened and, if required, be authorized or permitted M under State and local law to perform such services. Clerk's disbursement of funds. B. Upon Monroe County's receipt and thorough review and processing of said invoices, Monroe County Clerk's Office shall submit payment to the Contractor in accordance with the Florida Prorript Payment Act. 4. TERM OF CONTRACT The term of this contract is for one year, commencing on the 1st day of July 2018 and ending M W on the 30th day of June 2019. The County shall have the option to renew this Agreement at its sole discretion for one (1) additional year period for the same service rate. B. The service the Contractor will provide under these terms and conditions are: Facility-based respite care as defined by DOEA Handbook, DCF CFOP 140-8 arid AHCA guidelines as noted above and any subsequent revisions thereto. D. The Contractor will provide the service detailed in "B" above for the unit rate t agreed upon in "C" above in the geographic area detailed in "A" above. Iq F. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at au times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County annually and upon request. G. The Contractor must maintain approval statUS from the Alliance for Aging Inc., as a Medicaid Waiver Provider of Choice, if applicable. 91 IF THE CONTRACTOR 14AS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,T0 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATINGTO THIS CONTRACT, CONTACT T14E CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. C Prior to CXCCUtion of this aareement, the contractor shall furnish the Owner Certificates of Insurance indicatinc the mum coverage limitations as detailed on Monroe County forms Z WCI, GL2, VL2 & PR02, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may all be imposed by the Monroe County Risk Manageme nt Department. C� 11. ASS IGNM ENT/S UBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, 41 except in writing and with the prior written approval of the Board of County Commissioners of Monroe County which approval shall be subject to such conditions and provisions as the Board 9 may _ f necessary. This paragraph shall be incorporated b reference into any assignment or Subcontract and any assignee subcontractor i . with all of thg. provisions of this i.. Unless expressly provided for therein, such approval shall in no impose manner or event be deemed to any additional obligation board. 13. SUPPORT TO THE DEAF HARD-OF-HEARING a. The contractor shall comply with section - of the Rehabilitation _ r Section and American with Disabilities implemented (hereinafter referred to as b. The contractor shall if it employs 15 or more employees, designate a Single-Point-of- Contact firm) ensure smm i ion with deaf or hat hearing companions and/or caregivers in accordance with Section 504 and the ADA. The name and contact i t shall be furnished nCounty within 14 calendar days of the effective date of this requirement. C. The Single-Point-of-Contract shall ensure that employees are aware of the requirements, role: & responsibilities, and contact paints associated compliance with Section 504 and the ADA. Further, employees of the contractor shall attest in writing that they are familiar with the requirement f Section 504 and. the . This attestation shall e maintai ci ned in the employee's personnel file. The contractor shall document the communication method of and any requested auxiliary uids/services provided in the client's Documentation, with supporting justification l request honored. The contractor shall s ubmit Reports monthly, not later than the Ii month, to the Monroe County Social Services Compliance Manager. 69 Upon eXCCLItion of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all programs in Monroe County which the Contractor sponsors, endorses, recommends, supervises, or requires fo ti or treatment. s provson saappy whether or not such program is required by statute, as a condition of probation, or is provided on a voluntarybasis- 15, NO PLEDGE OF CREDIT The Contractor shall not pledge the County's credit or make it a guarantor of payment or M �1- surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness, The C� C Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: r-I and County Attorney I I I I 12' Street Suite 408 Key West, FL. 33040 305-292-3173 FOR CONTRACTOR: Tranquility Bay Adult Day Care Oscar Hernandez, President a Key Largo, FL 33037 305-440-2398 18. TERNI Its AT Tile County may terminate this contract for cause with seven (7) days' notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the Z� services enumerated as the Contractor's obligations under this contract. Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 19. GOVERNING LAW. VENUE, INTERPRETATION, COSTS, AND FEES A. This Actreement shall be governed by and construed in accordance with the laws of W 4- the State of Florida applicable to contracts made and to be performed entirely in the State. B. In the event any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, County and Contractor a- ree that venue will 4 � ' lie in the appropriate court or before the appropriate administrative body in Monroe County. C. The Count and Contractor a-ree in the event of conflicting interpretations of the y M V terms or as term of this Agreement by or between any or them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding E . Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative procceding is initiated or defended by any party W relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, L 5L 21. AUTHORITY Each party represents and warrants to the other that the execution, delivery and perforniance of this Aareement have been duly authorized by all necessar y County and corporate action, as required by law. 22. CLAIMS FOR FEDERAL OR ST ATE XID Contractor and County agree that each shall be, and is, empowered to apply for, seek and obtain C� federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to I-- Ll� submission. 24. LEGAL OBLIGATIONS AND RES PONS 13 iL-Y-:1 ES Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or Z 9 26. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and as Drug-Free Work Statement. 2T NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement or any member, officer, agent or employee or Monroe County in his or tier individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 28. EXECUTION IN COUNTERPARTS This A-reement may be executed in any number of counterparts, each of which shall be C y re-arded as an original, all or which taken to-ether shall constitute one and the same L 0 C� instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 29. SECTION HEADfNGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and V Cl will not be used in the interpretation of any provision of this Agreement, C� 30. MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor arid the County. Therefore, this C� agreement is not to be construed against my party on the basis of authorship. C7 IN IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. M Roil I By: Mayor/Chairman Oscar Hernandez, President I E 4� M 'IT" d\ 2 \\ AI , M HVINIM , M11M In addition, the Contractor will obtain Employers' Liability Insurance with limits of not le-M than: I rage «d be maintained throughout the entire term or the contract. Z as Adminisorative Instruction 7500.7 87 Sm Rn Mmiarmi" MJHMM3E�� MIT111 $200,000 per Person $300,000 per Occurrence The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy (lie above requirements. I E 4� Administrative Instruction 7300.7 81 UMM r MR contract. The minknum limits of liability are: ircaverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. I E 4� Adminisiralh Insiruction 7500.7 7 7 � • c iss emEol ns • Pro d o !!cam ions • Blanket Contractual Lia g! ! / • Perso | \©y Liability The minimurn limits acce U k &_ \§d ? « » % < >? <».® < §«: d »!i policies issued »satisf the a `< § Ad minisimtivc Insiruction e«J 53