Item C25C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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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: C25
Agenda Item Summary #4589
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 -30 from June 20, 2018, BOCC Agenda
AND approval of Annual Agreement between Tranquility Bay Adult Day Care of Marathon CORP.,
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 $30,000 for the
period of 7/1/2018 through 06/30/2019.
ITEM BACKGROUND: Monroe County Social Services and Tranquility Bay Adult Day Care of
Marathon, CORP., 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 Marathon, CORP., is
providing these services and meeting these critical needs for this population in a highly successful
manner.
PREVIOUS RELEVANT BOCC ACTION: C -30, Agreement T134 18/19, Agreement between
Tranquility Bay of Marathon, CORP., and Monroe County Social Services approved by BOCC on
6/20/2018.
CONTRACT /AGREEMENT CHANGES:
Annual Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
TB18 -19MAR
FINANCIAL IMPACT:
Effective Date: 7/1/2018
Expiration Date: 06/30/2019
Total Dollar Value of Contract: $30,000.00
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 3:48 PM
Pedro Mercado
Completed
07/31/2018 3:49 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 5:33 PM
Board of County Commissioners
Pending
08/15/2018 9:00 AM
MOTIMUMTO Pkk
THIS AGREEMENT, made and entered into this 15th day of August, 2018 by and
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between MONROE COUNTY, FLORIDA,/Monroe County Social Services a political subdivision
of the State of Florida (hereinafter called the "Owner" or "County"), and Tranquility Bay
Adult Day Care of Marathon, CORP. (Contractor).
WHEREAS, the County provides Services to the elderly and disabled residing throughout
Monroe County; and
WHEREAS, the County receives fundin- from the Alliance for Aoina, Inc., the Florida
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Department of Children and Families, the Florida Agency for Health Care Administration, and
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the Monroe County Board of County Commissioners 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 Fac Respite Services to
ensure that such services are available throughout the County, and
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WHEREAS, Tranquility Bay Adult Day Care of Marathon, CORP. 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 hereinafter set
forth, mutually agree as follow:
'The Contractor shall maintain adequate staffing levels to provide the services
required under this contract.
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& 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
-qualified, Level 11 background screened and, if required, be authorized or permitted
under State and local law to perform such services.
B. Upon Monroe County's receipt and thorough review and processing of said invoices,
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Monroe County Clerk's Office shall submit payment to the Contractor in accordance with the Florida
Prompt 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
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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: Fac i I i t -based respite care as defined by DOED Handbook, DCF CFOP 140-8 and AHCA
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-uidelines as noted above and any subsequent revisions thereto,
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D. The Contractor will provide the service detailed in "B" above for the unit rate
aureed upon in "C" above in the geographic area detailed in "A" above.
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F. The Contractor has, and shall maintain throu-hout the term of this contract,
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appropriate licenses and approvals required to condUCt its business, and that it will at all
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 as Medicaid Waiver Provider of Choice, if applicable.
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LF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER E
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
FS 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 aareement,
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Prior to execution of this a-reement, the contractor shall furnish the Owner Certificates
of Insurance indicating the minimum coverage limitations as detailed on Monroe County forms
WCI, GI-2, VI-2 & PR02, each attached hereto and incorporated as part of this contract
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document, and all other requirements found to be in the best interest of Monroe County as may
be imposed by the Monroe County is Management Department.
11, ASS Itilt MENT/S UBCONTRACT
The Contractor shall not ssi-n or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
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AGREEMENT #18/19
of Monroe County which approval shall be subject to such conditions and provisions as the Board
may deem necessary. This paragraph shall be incorporated by reference into ally
assignment or subcontract and any assignee or subcontractor shall comply with all of the
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provisions of this agreement. Unless expressly provided for therein, such approval shall in nc
manner or event be deemed to impose any additional obligation upon the board.
13. SUPPORT TO THE DEAF OR HARD-OF-HEARING
a. The contractor shall comply with section 504 of the Rehabilitation Act of 1973, 29
U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the
American with Disabilities Act of 1990, 42 U.S.C. 12131 as implemented by 28 C.F.R. Part 35
(hereinafter referred to as ADA).
b. The contractor shall if it employs 15 or more employees, designate a Single-Point-of
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Contact (one per firm) to ensure effective communication with deaf or hard-of hearine clients or
companions and/or caregivers in accordance with Section 504 and the ADA. The name and contact
information for the contractor's S i ngle-Point-or-Con tact shall be furnished to Monroe County within
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14 calendar days of the effective date of this reqUirerfient.
C. The Single-Point-of-Contract shall ensure that employees are aware of the requirements,
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roles & responsibilities, and contact points associated compliance with Section 504 and the ADA.
Further, employees of the contractor shall at.test in writing that they are familiar with the requirement
of Section 504 and the ADA. This attestation shall be maintained in the employee's personnel rile,
The contractor shall document the customer*s or companion's and/or caregiver's preferred
method of communication and any requested auxiliary aids/services provided in the client's
record. Documentation, with supporting justification, must also be ma wa
de if any request s not
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honored. The contractor shall submit Compliance Reports monthly, not later than the I st day of each
month, to the Monroe County Social Services Compliance Manager,
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Upon execution of this contract, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in .my and all pro-rams in
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Monroe County which the Contractor sponsors, endorses, recommends. supervises, or requires for
counselin-, assistance, evaluation, or treatment. This provision %hall apply whether or not such
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program is required by statute, as a condition of probation, or is provided on a voluntarybasis.
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15. NO PLEDGE OF CREDIT
The Contractor shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, oblilluation, judgment, lien, or any form of indebtedness. The
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
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or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following:
and
County Attorney
I I I I 12' Street Suite 408
Key We%t, FL. 33040
305-292-3173
FOR CONTRACTOR:
Tranquility Bay Adult Day Care of Marathon, COR2'
Oscar Hernandez, President
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10875 Overseas Highway, Suite # 130
Marathon, FL 33050
305-440-2398
18, TERMINATION
The 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
services enumerated as the Contractor's obligations under this contract.
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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 Aureement shall be governed by and construed in accordance with the laws of
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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 fcrr
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the enforcement or interpretation of this Agreement, County and Contractor a--ree that venue will
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lie in the appropriate court or before the appropriate administrative body in Monroe County.
C The County and Contractor agree in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them, the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceedin
E. Attorney's Fees and Costs. The County and Conti agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
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relative to the enforcement or interpretation of this Agreement, the prevailing party shall
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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,
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investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated
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and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
20. 1311NDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the County and Contractor and their respective legal representatives, successors,
and assigns.
21. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this A-reement have been duly authorized by all necessary County and corporate
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action, as required by law.
22. CLAIMS FOR FEDERAL OR STATE AID
Contractorrand County agree that each shall be, and is, empowered to apply for, seek, and obtain
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
submission.
24. LEGAL OBLIGATIONS AND RESPONSI-BILITIES
Non-Dele-ation of Constitutional or Statutory Duties: This Agreement is not intended to,
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nor shall it be construed as, relieving any participating entity from any obligation or
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AGRE EMENT #18/19
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26. ATrESTATIONS
Contractor agrees to execute Such documents as the County may reasonably require, including a
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Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
27. NO PERSONAL LIABILITY
No covenant or a-reement contained herein shall be deemed to be a covenant or agreement of
any member, officer, age
nt or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
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or be subject to any personal liability or accountability by reason of the execution of this Agreement.
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28. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number Of Counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
29. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
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reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agree meat.
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50. MUTUAL REVIEW
This agreement has been carefully reviewed by te Contractor and the County. Therefore, this
agreement is riot to be construed against any party on the basis of authorship.
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In
AGREEMENT #18/19
TB Adult Day Care of Marathon, CORP
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
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first written above in four (4) counterpart%, each of which shall, without proof or accounting for
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the other counterparts, be deemed an original contract.
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(SEAL)
ATTEST: KEVIN MADOK
CLERK
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Mayor /Chairman
TRANQUILITY BAY ADUI-T DAY CARE
WITNESSES: OF MARATHON, CORP
Oscar Hernandez, President
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Adminisirmilve Instruction 7500.7
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covcrage for
The minimum limits acceptable is:
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Administrative Instruction 7500.7
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k governed by this contract.
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years will be required.
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Adminisimovc Insiruction 7500.7
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Premises Operations
Products and Completed Operatio
Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable is:
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The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
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Administrative Instruction 75003
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