Item R3 BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
- p �pw° Danny L.Kolhage,District I
aµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: R.3
Agenda Item Summary #6376
IEZII11,Vl 11',I[) AGII,"N[.)A 11`11,',M W0.11ZI1.)1.NG/1f11"1M ll3AC'Kt..11Z01 N.1[ I[)AY OF ME111."'FING
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of waiver of purchasing policy and procedure and
approval, on a sole source basis, of Annual Agreement between Tranquility Bay Adult Day Care
(Key Largo) 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
$80,000 for the period of 7/1/2019 through 06/30/2020.
ITEM BACKGROUND: 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 (Key Largo)has been providing these
services and meeting these critical needs for this population in a highly successful manner. The
services are provided on site at the physical location of the provider, and requires the client's
transportation to the physical location of the service provider. Tranquility Bay is the only service
provider _geographically located in the service area that can provide these Facility-Based Respite and
Caregiver Services making it t the .s..ole source available for the services.
PREVIOUS RELEVANT BOCC ACTION: Approval of I"Amendment on 4/19/2018 of
Agreement#TB 17-18 by BOCC; Approval of original TB Agreement on 6/21/2017; Approval of
2nd Amendment to Tranquility Bay Agreement by BOCC on 11/22/2016.
CONTRACT/AGREEMENT CHANGES:
Annual Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
TB Key Largo 19 20
Backup
Insurance
FINANCIAL IMPACT:
Effective Date: 7/1/2019
Expiration Date: 06/30/2020
Total Dollar Value of Contract: $80,000.00
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: ADI Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match:
Insurance Required: Yes
Additional Details: No
REVIEWED BY:
Sheryl Graham Completed 12/02/2019 5:05 PM
Pedro Mercado Completed 12/03/2019 10:10 AM
Budget and Finance Completed 12/03/2019 10:11 AM
Maria Slavik Completed 12/03/2019 10:45 AM
Kathy Peters Completed 12/03/2019 10:46 AM
Board of County Commissioners Pending 12/11/2019 9:00 AM
Tranquility Bay Adult Day are (Key Largo)
Agreement #TB-19-20
THIS AGREEMENT, made and entered into this day of
by and 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 (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
Department of Children and Families, the Florida Agency for Health Care Administration, and the
Monroe County Board of County Commissioners for the purposes of providing Social
S e r v i c e s 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, Tranquility Bay Adult Day 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 hereinafter set
forth,mutually agree as follow:
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this agreement is a part,
consists of the contract documents, which are as follows: This agreement and any amendments
executed by the parties hereafter, and all required insurance documentation. In the event of
a discrepancy between the documents, precedence shall be determined by the order of the
documents as just listed.
2. SCOPE OFT WORK
The Contractor shall provide Facility Based Respite Services for the County, specifically
in the Upper Keys area. The Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. The provider shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided. Contractor
shall provide services using the following standards, as a minimum requirement:
A. The Contractor shall maintain adequate staffing levels to provide the services
required under this contract.
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 qualified,
L e v e I I I b a c k g r o u n d s c r e e n e d and, if required, be authorized or permitted under State and
1
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
local law to perform such services.
3. PAYMENTS TO THE CONTRACTOR
A. Payments to the Contractor for services rendered pursuant to this Agreement shall not
exceed a total of Eighty Thousand dollars ($80,000). The Contractor shall.submit to the County a weekly
invoice, with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules, and regulations as may govern the 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
Prompt Payment Act.
C. County's performance and obligation to pay under this agreement, is contingent upon
annual appropriation by the Board of County Commissioners.
4. TERM OF CONTRACT
The to of this contract is for one(1)year, commencing on the I It day of July,2019 and ending
on the 3 01h day of June, 2020. The County shall have the option to renew this Agreement at its sole
discretion for one (1) additional year for the same service rate.
5. CONTRACTOR'S RESPONSIBILITIES
A. The Contractor will perform only authorized Facility-based Respite at Tranquility
Bay Adult Day Care at 100360 Overseas Highway, Suites 6, 7, 8, Key Largo, FL 33037 for the unit
rate(s) specified herein. Only this service that is specifically authorized by the County as documented
by the Social Services Department will be reimbursable. T h i s s ervice will be provided by
the Contractor in accordance with DOEA definitions/specification, by agencies that hold necessary
licenses, and by individual workers qualified to perform such services as detailed in the most recent
version of the Florida Department of Elder Affairs (DOEA) Handbook and the CFOP 140-8,
Community Care for Disabled Adults Operating Procedures, and in accordance with the Agency for Health
Care Administration (A CA)guidelines as required and any subsequent modifications thereto.
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 and AHCA
guidelines as noted above and any subsequent revisions thereto.
C. The Contractor will provide services during the to of this contract for the it rates
as agreed upon and that follow: $8.75/unit for F a c i I i t y-b a s e d respite care. A unit for each service
is defined by the most recent version of the DOEA Handbook, DCF CFOP 140-8, and AHCA
guidelines as noted above and any subsequent revisions thereto. The number of its of services
performed for each client must be pre-authorized by the County in accordance with the Activity Plan.
D. The Contractor will provide the service detailed in "B" above for the unit rate
agreed upon in "C" above in the geographic area detailed in "A" above.
E. The Contractor will in all cases provide service within the timeframes agreed upon
in the Activity Plan, required by the most recent version of the Florida Department of Elder Affairs
(DOEA) Handbook and the CFOP 140-8, Community Care for Disabled Adults Operating Procedures,
2
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees
that Monroe County Social Services will designate representatives to visit the Contractor's
facility(ies)periodically to conduct random open file evaluations and/or other contract monitoring
activities during the Contractor's normal business hours.
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 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 a Medicaid Waiver Provider of Choice, if applicable.
6. CONTRACTOR'S FINANCIAL RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the to of the Agreement and for six years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55.03,FS,running from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the
Contractor to abide by the terms of this provision shall be deemed a material breach of this contract
and the County may enforce the terms of this provision in the form of a court proceeding and shall, as
a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any terrnination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in.order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records
3
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the County
to perform the service. If the Contractor transfers all public records to the County upon completion of
the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County, upon
request from the County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN
BRADLEY, AT (305) 292-3470
S. INDEMNIFICATION/HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the County and the County's elected and appointed
offices, and employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained
by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees, agents, sub-contractors or other invitees during the to of this Agreement,
(B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that
it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, cost or expenses arise from the intentional or sole negligent
acts or omissions of the County or any of its employees, agents, or invitees (other than
Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, cost or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WCI, GLI, and VL2, 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 be imposed by the Monroe
County Risk Management Department.
4
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision for
waiver.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to beemployees of the Board of County
Commissioners of Monroe County.
10. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794) which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the is of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 191.2, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code C . 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of,this Agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, 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 may
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
5
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
deemed to impose any additional obligation upon the board.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract. Contractor shall use the
Department of Homeland Security's E-verify system to verify the employment eligibility of all new
employees hired during the contract to pursuant to this agreement.
13. SUPPORT TO THE DEAF OR HARD-017-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-
Contact (one per firm) to ensure effective communication with deaf or hard-of hearing clients or
companions and/or caregivers in accordance with Section 504 and the ADA. The name and contact
information for the contractor's Single-Point-of-Contact shall be furnished to Monroe County 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,
roles & responsibilities, and contact points associated compliance with Section 504 and the ADA.
Further, employees of the contractor shall attest 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 file.
d. The contractor's Single-Point-of-Contract will ensure that conspicuous Notices which.
provide information about the availability of appropriate auxiliary aids and services at no- cost to the
deaf or hard-of-hearing clients or companions and/or caregivers are posted near where people enter or
are admitted within the agent locations. Such Notices must be posted immediately. The approved
Notice can be downloaded through the Internet at:
http://www.dcf.state.fl.us/admin/ig/civilrights.shtmi.
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 made if any request was not 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.
14. DISCLOSURE AND CONFLICT OF INTEREST
The Contractor represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.3 11,
et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
6
Tranquility Bay Adult Day Care (Key Largo)
Agreement ®1
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
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 any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
,The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
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, obligation, 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
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County and County Attorney
Sheryl Graham, Sr. Director 111.1 12'h Street Suite 408
1100 Simonton Street 2-257 Key West, FL. 33040
Key West, FL. 33040 305-292-3470
305-292-4510
FOR CONTRACTOR:
Tranquility Bay Adult Day Care of Marathon, CORP
Oscar Hernandez, President
100360 Overseas Highway, Suite#6, 7, 8
Key Largo, FL 33037
305-440-2398
17. TAXE S
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor
7
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials. The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
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.
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 Agreement shall be governed by and construed in accordance with the laws of
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 agree that venue will 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 to 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 proceeding.
D. Severability. If any term, covenant, condition, or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party 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, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated 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.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
8
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public meeting
of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction
of the parties, then. any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
20. BINDING 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 Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
22. CLAIMS FOR FEDERAL OR STATE AID
Contractor and 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.
23. PRIVILEGES AND IMMLNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
24. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute, and case law.
5
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
25. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this Agreement.
26. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
27. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent 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
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
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
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 Agreement.
30. PROVISIONS REQUIRED BY FEDERAL LAW, 2 CFR part 200.
A. Equal Employment Opportunity,No Discrimination Provisions:
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination. by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on. the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
10
Tranquility Bay It Day Care (Key Largo)
Agreement #TB-19-20
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of,this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11.375, Amending Executive Order 1.1246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs,Equal Employment Opportunity,Department of Labor). See 2 C.F.R.
Part 200, Appendix II, C, agrees as follows:
I) The contractor will not discriminate against any employee or applicant for
employment because of race, color,religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion., or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available toemployees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to
the compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge,in fiirtherance of an investigation,proceeding,hearing,
or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers' representative
of the contractor's commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
11
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance; provided, however, that in the event a contractor becomes
involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction
by the administering agency the contractor may request the United States to enter into such litigation
to protect the interests of the United States.
31. OTHER FEDERAL CONTRACT REQUIREMENTS The Contractor and its
subcontractors must follow the provisions, as applicable, as set forth in Appendix 11 to I C.F.R. Part
200, as amended, including but not limited to:
A. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by
Federal program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant
Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon. Act (40 U.S.C. §§3141-3144, and §§3146-3148) as
supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute,contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. If applicable,the COUNTY must place a current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The COUNTY must report
12
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
all suspected or reported violations to the Federal awarding agency. When required by Federal
program legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it
does not apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program), the contractors must also comply with the Copeland"Anti-Kickback"Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or. in
Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The COUNTY must report all suspected or reported
violations to the Federal awarding agency.
1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference
into this contract.
2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
3) Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties,assignment or performance of experimental,developmental,
or research work under that"funding agreement,"the recipient or subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements,"
13
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
and any implementing regulations issued by the awarding agency.
D. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-76714) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air
Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000.
E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award(see 2 CFR 180.220)must not be made to parties listed on the govemmentwide exclusions
in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions 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.
F. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer oremployee of any agency, a
member of Congress,officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier
up to the non-Federal award.
G. Compliance with Procurement of recovered materials as set forth in 2 CFR §
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
H. Americans with Disabilities Act of 1990, as amended (A A) - The
CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations
of the Federal government issued thereunder,and the assurance by the CONTRACTOR pursuant
thereto.
I.Disadvantaged Business Enterprise (DBE) Policy and Obligation- It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity
to participate in the performance of contracts financed in whole or in part with COUNTY funds
under this Agreement. The DBE requirements of applicable federal and state laws and
14
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
regulations apply to this Agreement.The COUNTY and its CONTRACTOR agree to ensure that
DBE's have the opportunity to participate in the performance of this Agreement. In this regard,
all recipients and contractors shall take all necessary and reasonable steps in accordance with 2
C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations
to ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color,national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
I. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible.
2. Affirmative steps must include:
6) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
b) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
C) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's
business enterprises;
d) Establishing delivery schedules,where the requirement permits,which encourage
participation by small and minority businesses, and women's business enterprises;
e) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
f) Requiring the Prime contractor,if subcontractor are to be let,to take the affirmative steps
listed in paragraph (a)through(f) of this section.
J. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor during
the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the Contract term.
32. MUTUAL REVIEW
This agreement has been carefully reviewed by the Contractor and the County. Therefore, this
agreement is not to be construed against any party on the basis of authorship.
15
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-2o
IN WITNESS WHEREOF the parties hereto have executed this AlFeement on the day and date
first written above in ibur(4)counterparts, each of which shall, without proof or accounting for the
other counterparts,be deemed an original coniract.
Tranquility Bay A It Day Care Monroe County
Oscar Hermnande P ident Roman Gastesi,County Administrator
Director
as
By:
By.
Date-
Date: 6
OE Co A:
WCD'
EY .......
mbk T
ASS S1
date
Monroe County Board of County Commissioners
Mayor Heather Carruthers
Date
BOARD OF COUNTY COMMISSIONERS
County of Monroe "I Mayor Heather Carruthers,District 3
'Me b1ofida Keys Mayor Pro Tern Michelle Coldiron,District 2
Danny L.Kolhage,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Conmiission Mee i
tM9 4 4�
June 20, 2018
Agenda Its Number: C.31 30 13
Agenda Item Sunnnaxy #4339 "(-f +0 +
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of Annual Agreement between Tranquility Bay Adult
Day Care 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 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 is providing these services and meeting
these critical needs for this population in a highly successful manner.
PREVIOUS RELEVANT BOCC ACTION: 2 nd Amendment to Tranquility Bay Agreement
approved by BOCC on 11/22/2016, ikferovaA * i )1%1'2biS
6)-5w— a W". - sov&k * ocz 4tax-T5 Nkfae'meok ev, 6k?_1jZ0V4.
CONTRACT/AGREEMENT CHANGES:
Annual Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Backup (2)
TB adult day care vendor NEW agreement Ply 06052018
SY2018-2019 06/20/2018
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 If yes, amount:
Grant: Yes
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Sheryl Graham Completed 06/05/2018 4:11 PM
Pedro Mercado Completed 06/05/2018 4:19 PM
Budget and Finance Completed 06/05/2018 4:41 PM
Maria Slavik Completed 06/05/2018 5:55 PM
Kathy Peters Completed 06/05/2018 5:56 PM
Board of County Commissioners Completed 06/20/2018 9:00 AM
Ar
Kevin Madok, cpA
....... Clerk of the Circuit Court& Comptroller—Monroe County, Florida
® December 20, 2018
® Sberyl Gram am,Director
Social Services
VM. ® Wilkes Wean
FROM: Pamela.G. Hanco@�Yc.
SUBJE4 CT: June 20di&August 15'BOCC Meetings
Enclosed are ffiree duplicate originals of each of die following for your liandling:
June 20,2018
C31 Annual Agreement between Tranquility Bay Adult Day Care and Monroe County
Social Services to provide Facility-Based Respite Services to elderly and disabled citizens residing
dirougliout Monroe County in an amount not to exceed $50,000.00 for die p4z_n'od'6TjuIy 1, 2018
dirougli June 30, 2019.
C32 1st en nt to Agreement#TB 17-18 between Tranquility Bay Adult Day
Care and Monroe Co , oard of County Commissioners/Monroe County Social Services to
provide Facility-Based r d ' 0 and Caregiver Services to elderly and/or disabled Monroe County
residents and to ine're le t to exceed amoune'fro m$50,00-0.00 to$80,000.00 for tile
contract period endin tune 30, 018.
August 15,2018
"'Im n"'� .0 ard
re aIll
a_ dle t
June 30, .2
C25 Rescinding of Item C30 from June 20,2018, BOCC.A.g-ends and granted approval
and authorized execu ' n the Annual Agreement between Tranquility Bay Adult Day Care of
Maradion CORP.,Zd onroe County Social Services to provide Facility-Based Respite Services
to elderly and disable
ournt not to exceed
$30, f000.00 or tine
Mroeonnnty w y
thou ou
a
y
Wt the 0 S
Should you bane any questions,please feel free to contact-me at ext. 3550. Tbank you.
cc: County Attorney
Finance
File
KEY WEST MWTHON PIANTATION KEY WROTH BUILDING
50D Whitehead Street 3117 Overseas Highway 88820 Overseas Highway High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT
ORIGINALTB#18/19
THIS AGREEMENT, made and entered into this 1`4ay (if Julys.:26 14, by and 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. (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
Department of Children and Families, the Florida Agency for Health Care Administration, and
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 Facility-Based Respite Services to
ensure that such services are available throughout the County;and
WIMREAS,Tranquility Bay Adult Day Care is qualified and desires to provide Services;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
ained
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth,mutually agree as follow:
1.THE_CONTRACT
The contract between the Owner and the Contractor, of which this agreemeni is a-part,
consists of the contract documents, which are as follows® This agreement and any amendments
executed by the parties hereafter, and all required insurance documentation. In the event
of a discrepancy between the documents, precedence shall be determined by the order of the
documents as just listed.
2. SCOPE OF 1M)kQRK
The Contractor shall provide Facility Based Respite Services for the County, specifically
in the Upper Keys area. The Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. The provider shall at all times exercise independent, professional.
judgment and shall assume professional responsibility for the services to be provided. Contractor
shall provide services using the following standards, as a minimum requirement:
A. The Contractor shall maintain adequate staffing levels to provide the services
required under this contract.
AGREEMENT
TB#18/19
13. 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.
3. PPAAYME Nj.S TO THE C'ONTRACTOR
_ _...I&C
A. Payments to the Contractor for services rendered pursuant to this Agreement shall not
exceed a total of Fift dollars shall ounty a,y Thbusand dol ($56,000),"rhe Contractor all submit to the C weekly
invoice,with supporting documentation acceptable to the Clerk.Acceptability to the Clerk is based on
genemily accepted accounting principles and such laws,rules,and regulations as may govern the Clerk's
disbursement of funds.
& Upon Monroe County's receipt and thorough review and processing of said
invoices,Monroe County Clerks Office shall submit payment to the Contractor in accordance with the
Florida Prompt Payment Act.
4, C L U&M QF. CC CT
The term of this contract is for one year,commencing on the 1st day of''July 018 and ending 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.
S. CC?NTRACTOR'SRESPONSIBILITIL-'S
A. The Contractor will perform only authorized Facility-based Respite at Tranquility
Bay Adult Day Care at 100360 Overseas Highway, Suites 6,7,8,Key Largo,FL 33037 for the it rate(s)
specified herein. Only this service that is specifically authorized by the County as documented by the
Social Services Department will be reimbursable. T h i s s ervice will be provided by the
Contractor in accordance with DOA definitions/specification, by agencies that hold necessary
licenses, and by individual workers qualified to perform such services as detailed in the most recent
version of the Florida Department of Elder Affairs (DOER) Handbook and the CF0F 140-8,
Community Care for Disabled Adults Operating Procedures,and in accordance with the Agency for Health
Care Administration (AHCA)guidelines as required and any subsequent modifications thereto.
B. The service the Contractor will provide under these terms and
conditions are: F a c i I i ty=based respite care as defined by DOEA Handbook, DCF CFOP 140-8 and
AIFICA guidelines as noted above and any subsequent revisions thereto.
C. The Contractor will provide services during the to of this contract for the unit
rates as agreed upon and that follow: $8.75/unit for F a i I ity-bas e d respite care. A unit for each
service is defined by the most recent version of the DOEA Handbook, DCF CFOP 140-8, and AHCA
guidelines as noted above and any subsequent revisions thereto. The number of its of
services performed for each client must be pre-authorize'd by the County in accordance with the
Activity Plan.
D. The Contractor will provide the service detailed in "B" above for the unit rate
agreed upon in "C" above in the geographic area detailed in "A" above.
E. The Contractor will in all cases provide service within the timeframes agreed upon
in the Activity Plan, required by the most recent version of the Florida Department of Elder Affairs
2
..... .............. ..........
AGREEMENT
TB#18/19
(DOEA)Handbook and the CFOP 140-8, Community Care,for Disabled Adults Operating Procedures,
and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees
that Monroe County Social Services will designate representatives to visit the Contractor's
facility(ies)periodically to conduct random open file evaluations and/or other contract monitoring
activities during the Contractor's no al business hours.
F. The Contractor has, and shall maintain throughout the to of this contract,
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,
Cr. The Contractor must maintain approval status from the Alliance for Aging,
Inc., as a Medicaid Waiver Provider of Choice,if applicable.
6. QNTRACTOWS FINANCIAL 1��COItj�DS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied, Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the to of the Agreement and-for six years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall, repay the monies together with interest calculated pursuant
to Sec. 55.03,FS,running from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in the performance of this Agreement,
(b) Provide the public with access to public records on the same terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost provided in
Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of this Agreement and destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Monroe County in a format that is
compatible with the information technology systems of Monroe County.
8. INDEMNIFICATION/HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the County and the County's elected and appointed
offices, and employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained
3
AGREEMENT
TB#18/19
by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees, agents, sub-contractors or other invitees during the term of this Agreement,
(B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that
it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, cost or expenses arise from the intentional or sole negligent
acts or omissions of the County or any of its employees, agents, or invitees (other than
Contractor).Insofar as the claims,actions causes of action, litigation, proceedings, cost or expenses
relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the to of this Agreement or any earlier termination of this Agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, GIB. 1, and VU; 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 be imposed by the Monroe
County Risk Management Department.
Non-Waiver of Immunity. Notwithstanding the provisions of See. 768.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision for
waiver.
9. INDEPENDENT CONTRACTOR
At all t'imes and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
10. NONDISCRIMLNATION
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil lughts Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s, 794) which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
4
g i AGREEMENT
�qq
d,�
TB / .
1972 (PI, 92-2 5), as amended, relating to nondiscrimination on the basis of drug abuse; ) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, 'Treatment and Rehabilitation ,Act of
197 ( L, 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 ( 2 USC ss, 6 0ddm3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. V1,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and I 1 )Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of,this Agreement.
11. ASSIgIWN /SUBCQN', ACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners of
Monroe County which approval shall be su ject'to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of tine provisions of this
agreement. Unless expressly provided for therein., such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
12. 2C1 . LIA CB WLLH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract. Contractor shall use the
Department of Homeland Security's E.--verify system to verily the employment eligibility of all new
employees hired during the contract term pursuant to this agreement.
13. SUPPORT T'C1 THE DEAE OR HAKL-_()&JIaARING
a. The contractor shall comply with.section 504 of the Rehabilitation Act of 1973,29 U.S.C;.
794, as implemented y 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 3 (hereinafter
referred to as ).
AGREEMENT
TB 918/19
b. The contractor shall if it employs 15 or more employees, designate a Single-Point-of-
Contact (one per firm) to ensure effective communication with deaf or hard-of hearing clients or
companions and/or caregivers in accordance with Section 504 and the A. The name and contact
information for the contractor's Single-Point-of-Contact shall be furnished to Monroe County 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,
roles & responsibilities, and contact points associated compliance with Section 504 and the ADA.
Further,employees of the contractor shall attest 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 file.
d. The contractor's Single.-Point-of-Contract will ensure that conspicuous Notices which
provide information about the availability of appropriate auxiliary aids and services at no- cost to the
deaf or hard-of-hearing clients or companions and/or caregivers are posted near where people enter or
are admitted within the agent locations. Such Notices must be posted immediately. The approved
Notice can be . downloaded through the Internet at:
http://www.def.state.fl.us/admin/ig/eivilrights.shtmL
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 made if any request was not 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.
14. alaCLOSUU, LICT OF INTE S RET ANPCONF
The Contractor represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either,direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as Provided in Sect. 112.311,
et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information,
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 any and all programs in Monroe
County which the Contractor,sponsors, endorses,recommends, supervises,or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide, employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without,liability and, at
6
AGREEMENT
TB#18/19
its discretion, to offset.from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
15. ._I' E Q IL Qf F_QUM
The Contractor shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, 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 RE.QUIREMENT
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:
FOIE COUNTY,
Monroe County and County Attorney
Sheryl Graham, Sr.Director 1111 12flStreet Suite 408
1100 Simonton Street 2-257 Key West,FL 33040
Key West,FL. 33040 305-292-3173
305-292-4510
FORCONTRACTOR:
Tranquility Bay Adult Day ;are
Oscar Hernandez,President
100360 Overseas Highway, Suites,6,7,8
Key Largo,FL 33037
305-440-2398
17, LAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor
shall not be exempted by virtue of the-County's exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials, The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement,
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 perforni the
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. OSTS AND ZEES
A. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely in the State.
7
AGREEMENT
TB #18/19
B. In the event any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, County and Contractor agree that venue will 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 proceeding.
D. Severability. If any term, covenant, condition, or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to ref® the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party 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, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated 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.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session,the issue or issues shall be discussed at a public meeting
of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction
of the parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
Q Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision. of the services under this Agreement. County and Contractor specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
20. BINDING 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.
AGREEMENT
TB M18/19
21. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
22. CLAIMS FQRIEPE&ALD&,aTATEAID
Contractor and County agree that each shall e_,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.
23. LRIVILEGES AND_DLMMITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief,disability,workers'compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County,when
performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
24. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional- or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute,and case law,
25. �QN-U�LIAN�CE BY�NON TIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this Agreement.
26. ATTESTA-11(&.S
Contractor agrees to execute such documents as the County may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement,
27. EQ PERSONAL,LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe Coutity 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. EXECUTIOXIaINLQQUNTERPARTS
9
AGRE EMENT
TB #18/19
'rhis 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 jLEADRjGS
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
will not be used in the interpretation of any provision of this Agreement.
30. MUTUAL REVIEW
This agreement has been carefully reviewed by the Contractor and the County. Therefore, this
agreement is not to be construed against any party on the basis of authorship.
rN 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.
Tranquility Bay Adult Day Care Monroe County Social Services
Oscar Hernandez, resident David Rice,Mayor
By: By:
Date-
I
`X %4
M, IN M OK,CLER
L Y CLEFr,
R ORNEY
P RM
A-(
.MER
AN
ASS16—GA- U
Z;g
C3
C7 21
n R
C-):N I
C3
C)
rn
C-D
10
2018 Edimm
WORKERS'COMPENSATION CE RFQIIIREMENTS
FOR
CONTRACT r-13-41allq
BETWEEN
MONROE COUNTY,FLORIDA
AND
Prior to the commencement of%vork governed by this contract,the Contractor will obtainWorkers'
Compensation Insurance with limits sufficient to respond to applicableWorkers' Compensation
state statutes and the requirements of Chapter 440,Florida Statutes.
In addition,the Contractor will obtainEmployers' Liability Insurance with limits o not less
than:
00,000 oily Irujur y Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Igjury by Disease,each employee
Coverage will bet maintained th u hout than entire term of the contract,
Coverage will be provided by a company or companies authorized to transact business in the State
of Florida.
Irthc Contractor has been approved by the Florida's Department of Labor,as an authorized self-
insurer, die County may r o ni a and honor the Contractor's status. 'The Contractor may be
required to submit a Defter of Authorization issued by the Department of Labor and a Certificate
of Insurmice,providing details on the Contractoes Excess Insurance Program.
If the Contractor participates in a sell-insurance fund, a Certificate or Insurance will be required.
In addition,the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wt I,
Adminisimim Insinnal 7500.7
t'�
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT I�cb I ej
BETWEEN
MONROE COUNTY,FLORIDA
�a- 0-aize-
-r,Zq0"-LdyTi
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
9 to the commencement of work, shall obtain Business Automobile Liability Insumnce.
l eoorage will be maintained throughout the life ofthe contract and include,as a minimum,liability
coverage for
a Owned,Non-Owned,and Hired Vehicles
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
If split limits are pravidcd,the minimum limits acceptable are:
$200,000 per Person
$300,000 per Occuffence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
VL2
AfthAsnadve Inomflon 7500.7
R1
.....................
2018 Mum
PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BOWEEN
MONROE COUNTY,FLORIDA
RecognizinA that the work govtvned by this contract involves the furrilshing of advice or services
of a professional nature, the Contractor will purchase and maintain, throughout the life Of Ole
contract,Professional Liability Insurance which will respond to damages resulting from any claim
arising DIAL OF tile performance of proressionalservices or any error or omission of the Contractor
arising out of work governed by this contract,
The minimum limits of liability are.
S500,000 per Occurrencelli 1,000,000 Ags' repte
ircovern is provided on a claims made basis,an extended claims reporiing period of four(4)
ye rke required.
P .
77
logs C&I"
GENERAL 1AABILITY INSURANCE REQUIRE,MENTS
FOR
CONTRACT --r BETWEEN
MONROE COUNTY,FLORIDA
A N01,DW
clt# 14y Oage-,
Prior to the commencement of work governed by this contract, the Contractor will obWn
Commercial General Liability Insurance. Coverage will be mah-#tained throughout the life of the
contract and include,as a minimum
0 Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
An Occurrence Fom policy is preleffed, If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims riled an or after the elTective date ol'this contract.
In addition,the period for which claims may be reported should extend for a minimum or twelve
(12)months rollowing the acceptance of%vork by the County.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
Adminismtivc 1051ruction7500.7
53
DATE(MMID )
CERTIFICATE LIABILITY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTiTUTE A CONTRACT BETWEEN THE. ISSUING INSURE S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the pollcy(Nes)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder'In heal of such andorsement(s).
PRODUCER CONTa:ACT Liliana Ortiz
NAM
Sunflowers Insurance Group Inc. RCN,o,E ). 305-55344949 � �Noe 305-553 d958
11401 SW 40 ST 311 D IL sunflowersins@live.com
INSURER(SAFFORDING COVERAGE NAIC N
Miami FL 33165 INSURER A: AMTRUST NORTH AMERICA
INSURED INSURERS: AMTRUST NORTH AMERICA
TRANQUILITY SAY ADULT DAY CARE INSURERC:
100360 OVERSEAS HIGHWAY INSURERD.,�
SUITE,#6,7,8 INSURER E: Y �.
Key Largo FL 33037 wsuE, R F
,.,7
COVE GES CERTIFICATE NUMBER„ REVISION NUM ER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
�.._.. ..
X—DC
IN5R TYPE OF INSURANCE L SU6R POLICY NUMBER POLICY EFP P0L ICY EXP LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00
AG'TiJ{i
CLAIMS-MADE I)C OCCUR PREMISES Eaocourrence� S 100,000.00
MED EXP(Any one person) S 6,000.00
A _ _ Y NPPI008906-00 02/2612018 02/26/2019 PERSONAL&ADV INJURY S 1,000,000.00
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S
77 JECT 3,000,000.00
POLICY❑PRO- LOC PRODUCTS S 3,000,000DO
OTHER: Professional Liabill $ Included
AUTOMOBILE LIABILITY M IN DSINGLELIMlT S 500000.00
Ea acoident.__. _..._..�..
ANY AUTO BODILY INJURY(Per person) S
OWNED _. SCHEDULED
AUTOS ONLY AUTOS NCA1008906-00 02/26/2018 02/2612019 BODILY INJURY(Per accident) S
'
HIRED NON-OWNED PROI'Ei'tiTY C3ATAAGE S
AUTOS ONLY AUTOS ONLY Per accidant
UMBRELLA LIAB OCCUR I ( IT EACH OCCURRENCE S
EXCESS LIAB CLAIMS-MADE AGGREGATE $
sly
DED RETENTIONS . _ S
WORKERS COMPENSATION �
AND EMPLOYERS'LIABILITY YIN TATUTE ER
ANYPROPRIETOR/PARTNER/ CUTNE I"""I N 1 A S� "� ILIA EACH ACCIDENT $
OFFICERIMEMSEREXCLUDED?' f
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5
If yes tlescr be under _,..__...., -..-_.....-.._......_._.__..,
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
Abuse&Molestation Included $300,000.00
DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
Monroe County Board of County Commissioners is listed as an additional.
CERTIFICATE MOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN
Monroe County ACCORDANCE WITH THE POLICY PROVISIONS,
Board of County Commissioners
AUTHORIZED REPRESENTATIVE
1100 Simonton St.Key West,FL,33040
OC 1 88-2016 ACORID CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
TRANQUILITY ADULT
100360OVERSEAS
SUITE ,,7,
KEY LARGO FL 33037 .
PH: 305 440-2398FAX -2
August 21, 2018
® Mo roer i s
My name Is O __r Hernandez and I am the owner " r
ui are. I have researched and reviewed the laws of Chapter
440, Florida ida to i s and am fully aware of the state requirements for
ploys rs to carry Workers Compensation Insurance® By signing
below, attest under penalty of perjury that as of f 0 /18,1raDquilit
1kR, yAACd1u1 Day Qarp is exempt from r s Compensation insurance
require
nt® I will contact nr Social � with my
r�l Compensation Insurance policy information n should I become
non-ex pt over the coming year.
Feel fr to c ntact huu you have an questions r°concerns.
i
Sin
.OS R EI D
. s°dt
i
0
e
i
E
} f
Nov 0718 12:a8p
p.1
�..
NovemberKEY LARSO FL 33037
7,2018
TO' Monroe COU'ItY Social Service.,S
MY name i
p
440, l riear and of Chapter
nf
Iy staterequirements
einPloyers
tour,ier
pan t m A
rY.that as of 7 7 1 ,
Compe with rRY Workers
InformatiOn should I becorne no,,..
Feel free
t Should YOu . any questions or concerns.
Sincerely,
President
t ,.
d a hereby confirin that on this
0 day appeared before mein -
son
t the Precedingentt Own to be the person(s)
2\' (�j
Not,j,ry.pubjjC inand for the State of
MY CMMLSsian
'
BJ enL RL In AON
JIMMY PATRON �
CHIEF FINANIOAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISilloN OF WORKERSTCOMPENSA'nON
CERTIFICATE I To BE EXEMPT FROM FLORIDA WORKERS,COMPENSATIONLAB'
NON-CONSTRUPTION INDUSTRY EXEMICI
'This certifies that the it dlAdtlsf listed below has elected to be exempt from Florida Workers'Compensation law.
EFFECTIVE DATE. 1116/ 018 EXPIRATION DATE: I i/s1 0 0
OSCAR HERNANDEZ EMAIL. RAI LS A Le M
IF I ® 464 661
BUSINESSNAME AN z
TRANQUILITY SAS'ADULT DAY CARE CORD
100360 OVERSEASh�I rt� pgPWY SUITE6,7®6
KEY e FL 337
SCOPE OF BUSINESSTRAM
College: Professional 000000, Ali Other
Employees&Clarisal Employees
IMPORTANT:PUMUantlo Chapter .05(14),F.S.,an officer of a corporation who elects exemption from this chapter by fling a Certificate of election under
this section May riot recover bensf"rts or compensation under this Chapter.Pursuant to Chapter 440.0 (12),F,S.,Certificates of election to be exempt...apply
only within the soope of the business or trade listed on the notice of election to be examp, Pursuant to chapter 4a10.p5(13)a F.S.e $of el orr f®be
erupt certificates of tieelection to be exempt olonger
shalt et subject re of revocation if,at any tune after the filing of the notice or the Issuance of the ceuttficate,the
person named on the notice or to no Ionger�Issts the reqralrerne of this section for Issuance of a certificate.The department shall revolts a
cardficato at anytime for failure of the person named on the certificate to most the requirements of this section,
DFS-172-DWC-262 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED -'I
QIJETI0IV7( 0)413-1609
P,2
'• Qom, ',
D
.ern
muwm
MUM
xa0
"Coommn i
r
A w
Z,d
6�SQL AON
M'
2018 sago
WORKERS'COMPENSATION INSURANCE REQUIREMENTS
CONTRACTFOR
.
COUNTY,
.P-
MONROE
FLORIDA
T AND
°car tot the commencement orwork governed by this cOntract,the Contractor will obtain Wo&Xrs,
Compensation Insurance with limits sufficient to respond to applicableWorkers' Compensation
state statutes and the requirements of Chapter 440,Floridatatutes,
In addition,the Contractor will obtain players' Liability Insurance with Xi i or not l s
Man:
!00,000 Bodily Injury y Accident
$500,000 BodilyInjury by Disease,policy limits
$100,000 Bodily Injury Disease,each employee
Coverage will be maintainedthroughout the entire term or the cant ct.
Coverage will W providedy a company or companies authorized to transact business in the State
of Florida,
If the Contractor has been approved by the Florida's Department of Labor,as an authorized self-
insurer, the County mayrec ni a and honer the Contractor's status. The Con or May be
require t submit a e er o ha izadon issuedthe eparttra t or or an a Certificate
fin u race,providing details on the on ctoc's Excess nce program.
Irthe Contractor participates in a seir-insurunce Bend,a ceitificate or Insurance will be required.
In addition,the Contractor maye required to submit updated financial statement, from t a fund
upon request from the County.
Vt 1.
Adminfamilty Inaructlen 7500.7
1018 Wtown
GENERAL LIABILITY INSUWCE REQUIREMENTS
FOR
CONTRACT -r C-)
BETWEEN
MONROE COUNTY,FLOWDA
A.141,D"
1 1 wj� It?y eme�'
Prior to the commencement of work goverued by this contract, the Contractor will obtain
Commercial General Liability Insurance.Coverage will be maintained throughout the life of the
contract and include,as a minimum:
0 Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable is:
S300,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If covesge Is provided on a Claims Made policy, its
Provis
ion's should include coverage for claims I'lledon or after the efractive date or this contract.
In addition, the period for which claims may be re orted should extend fora minimum of twelve
(12)months ollowing the acceptance of work by t e County,
r
The Monroe County Board of County COmmissionets will be named as Additional Insured on all
policies issued to satisfy the above requirements.
'(5L I
Administative lustmation 7SO0.7
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT —
AL I q-
BETWEEN
MONROE COUNTY,FLORIDA
�AdQ�jl
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
ffr to the commencement of wotk, shall obtain Business Automobile Liability Insurance.
v I' erage will be maintained throughout the life ofthe contract and include,as a minimum,liability
coverage for
0 Owned,Non-Owned,and Hired Vehicles
The minimum limits acceptable Is:
$300,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable are:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy(he above requirements.
VL2
AdmWasimdva horuction 7300.7
JIMMY PATRONIS
CHIEF FINANICAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION WORKERS-COMPENSATION
ELECTIONCERTIFICATE OF
FLORIDA
NON-CONSTRUCTIONINDUSTRY EXEMPNON
This CertifiSs that the Individual listed below has elected to be exempt from Florida Workers'Compensation law.
EFFECTIVE DATE: 11! 016
EXPIRATION DATE. 1 11&20a
PERSONn OSCAR HERNANDEZ
EMAIL. AiS ' AIL. M
III® 46489666,1
BUSINESS A AND a
TRANQUILITY BAY ADULT DAY CARE CORP
KEY LARGO, FL 33037
SCOPE OF BUSINESS OR TRADE:
college: Professional C01E09e; Ali Other
Fsaployees&Clartow Employees
IMPORTANT:y aet fc chapter comp,compensation
an der t is a corporation who eEeCts er�ernptiats from this chapter by filing certificate of erection under
this action y r tear bass®ttte or mpen tore under this ottapter.Pursuant try Chapter Q4®.a5 72 P,9„
only exempt
the scope of the ecti business b trade fisted ors the ubl of election be exempt Pursuant ire 4�hapter 44 ,��(i3),Fmk., tC a or eracticrs to be
Person ficatan notice
Flo r►to be erupt shelf m et s he re ui revocation tt,at arsy tune after the flCh of thenoticeCertificates
is offs action tot the cam ate,ale
Person named crt the notice or rti to sec longer me flee legs s eesgegsts ref this section for lssassrrc of a certificate, etas he department eof hall revoke'life to at any time for ter`lure of person narnea on the certificate to meet the requirements forI or this Section,ce
DF -F2-DW -2 2 CERTIFICATE OF ELECTION To 6E EXEMPT REVISED -1
ffi
G�
�B
n
[t@s irac � �fS
a
Pear^ .l
® OMYam:
6
a
AC
CERTIFICATE OF LIABILITY INSURANCE 7DATE(MM/DD/YYYY)
0 19 2/26/2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO CERTIFICATE DOES NOT A RIGHTS UPON THE CERTIFICATE HOLDER. THIS
FFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE bOES NOT CONSTITUTE A CONTRACT BE REPRESENTATIVE OR PROD EEN THE ISSUING INSURER(S), AUTHORIZED
UCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such end o,rsement(s).
PRODUCER CONTACT
NAME: Llllana Ortiz
Sunflowers Insurance Group Inc. PHONE 305 553 4949 c No.Extl: _ ac 11401 SW 40 ST#311 No: 305-553 4958
E-MAIL m sunflowersins Ilv .co ADDRESS: ,, e, @ __
Miami
INSURER S AFFORDING COVERAGE NAIC#
FL 33165 INSURERA: AMTRUST NORTH AMERICA _
INSURED, — -
INSURER B: AMTRUST NORTH AMERICA
TRANQUILITY BAY ADULT DAY CARE
C
100360 OVERSEAS HIGHWAY INSURER
SUITE#6,7,8 INSURER D��
Key Largo INSURER E
FL 33037 1 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.ADDL SUBR `! _
LT TYPE OF INSURANCE POLICY EFF POLICY EXP —
W(
COMMERCIAL GENERAL LIABILITY p yyy/ POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
EACH OCCURRENCE s 1,000,000.00
CLAIMS-MADE OCCUR DA A N —"
PREMISES Ea occurrence S 100,000.00
A MED EXP(Any one person) s 5,000.00
Y NPP1008905-03 02/26/2019 02/26/2020 PERSONAL BADVINJURY s 1,000,000.00
GEN'L AGGREGATE LIMIT APPLIES PER: — --
POLICY PRO JECTLOC GENERAL AGGREGATE_ S 3,000,000.00
OTHER:
PRODUCTS-COMP/OP AGG s 3,000,000.00
AUTOMOBILE LIABILITY
s
COMBINED SINGLE LIMIT
ANY AUTO Ea accident $ 500,000.00
B OWNED SCHEDULED BODILY INJURY(Per person) $
AUTOS ONLY r AUTOS Y NCA1008906-03 02/26/2019 02/26/2020 BODILY INJURY(Per accident) S
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE s
Per accident
UMBRELLA LIAB
OCCUR
EXCESS LIAR CLAIMS-MADE EACH OCCURRENCE $
---..DED .---------
AGGREGATE $
RETENTIONS --
WORKERS COMPENSATION $
AND EMPLOYERS'LIABILITY STA H
"y TUTE EOR ANYPROPRIETOR/PARTNER/EXECUTIVE YIN y/,
OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $
(Mandatory in NH) -
If yes,describe under DATE E.L.DISEASE-EA EMPLOYEE $
DESCRIPTION OF OPERATIONS below —
AbUSe&Molestation Included E.L.DISEASE-POLICY LIMIT $
00,000.00
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required)
Monroe County Board of County Commissioners is listed as an additional.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County ACCORDANCE WITH THE POLICY PROVISIONS,
Board of County Commissioners
1100 Simonton St.Key West,FL 33040 AUTHORIZED REPRESENTATIVE
ACORD 25 2016/03 O 1988-2016 ACORD CORPORATION. All rights reserved.
( ) The ACORD name and logo are registered marks of ACORD
R.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�pw° Danny L.Kolhage,District I
- vaµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: R.3
Agenda Item Summary #6376
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of Annual Agreement between Tranquility Bay Adult
Day Care (Key Largo) 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 $80,000 for the period of 7/1/2019 through 06/30/2020.
ITEM BACKGROUND: 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 (Key Largo)is providing these services
and meeting these critical needs for this population in a highly successful manner.
PREVIOUS RELEVANT BOCC ACTION: Approval of I"Amendment on 4/19/2018 of
Agreement#TB 17-18 by BOCC; Approval of original TB Agreement on 6/21/2017; Approval of
2nd Amendment to Tranquility Bay Agreement by BOCC on 11/22/2016.
CONTRACT/AGREEMENT CHANGES:
Annual Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
TB Key Largo 19 20
Backup
Insurance
FINANCIAL IMPACT:
Effective Date: 7/1/2019
Expiration Date: 06/30/2020
Packet Pg. 1505
R.3
Total Dollar Value of Contract: $80,000.00
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: ADI Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match:
Insurance Required: Yes
Additional Details: No
REVIEWED BY:
Sheryl Graham Completed 12/02/2019 5:05 PM
Pedro Mercado Completed 12/03/2019 10:10 AM
Budget and Finance Completed 12/03/2019 10:11 AM
Maria Slavik Completed 12/03/2019 10:45 AM
Kathy Peters Completed 12/03/2019 10:46 AM
Board of County Commissioners Pending 12/11/2019 9:00 AM
Packet Pg. 1506
Tranquility Bay Adult Day are (Key Largo)
Agreement #TB-19-20
THIS AGREEMENT, made and entered into this day of
by and 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 (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
Department of Children and Families, the Florida Agency for Health Care Administration, and the
Monroe County Board of County Commissioners for the purposes of providing Social
S e r v i c e s Countywide;and
WHEREAS, the County has provided Services to assist the vulnerable elderly and/or -6
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, Tranquility Bay Adult Day Care is qualified and desires to provide Services;
Cr
r_
cu
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: N
M
Ir-
0
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this agreement is a part,
consists of the contract documents, which are as follows: This agreement and any amendments
executed by the parties hereafter, and all required insurance documentation. In the event of
a discrepancy between the documents, precedence shall be determined by the order of the
documents as just listed.
E
2. SCOPE OFT WORK
The Contractor shall provide Facility Based Respite Services for the County, specifically
in the Upper Keys area. The Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. The provider shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided. Contractor
shall provide services using the following standards, as a minimum requirement:
A. The Contractor shall maintain adequate staffing levels to provide the services
required under this contract.
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 qualified,
L e v e I I I b a c k g r o u n d s c r e e n e d and, if required, be authorized or permitted under State and
Packet Pg. 1507
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
local law to perform such services.
3. PAYMENTS TO THE CONTRACTOR
A. Payments to the Contractor for services rendered pursuant to this Agreement shall not
exceed a total of Eighty Thousand dollars ($80,000). The Contractor shall.submit to the County a weekly
invoice, with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules, and regulations as may govern the 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
Prompt Payment Act.
C. County's performance and obligation to pay under this agreement, is contingent upon
annual appropriation by the Board of County Commissioners.
4. TERM OF CONTRACT
The to of this contract is for one(1)year, commencing on the I It day of July,2019 and ending
on the 301h day of June, 2020. The County shall have the option to renew this Agreement at its sole
discretion for one (1) additional year for the same service rate.
Cr
5. CONTRACTOR'S RESPONSIBILITIES
A. The Contractor will perform only authorized Facility-based Respite at Tranquility
Bay Adult Day Care at 100360 Overseas Highway, Suites 6, 7, 8, Key Largo, FL 33037 for the unit N
rate(s) specified herein. Only this service that is specifically authorized by the County as documented
0
by the Social Services Department will be reimbursable. T h i s s ervice will be provided by
the Contractor in accordance with DOEA definitions/specification, by agencies that hold necessary
licenses, and by individual workers qualified to perform such services as detailed in the most recent
version of the Florida Department of Elder Affairs (DOEA) Handbook and the CFOP 140-8,
Community Care for Disabled Adults Operating Procedures, and in accordance with the Agency for Health
Care Administration (A CA)guidelines as required and any subsequent modifications thereto.
E
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 and AHCA
guidelines as noted above and any subsequent revisions thereto.
C. The Contractor will provide services during the to of this contract for the it rates
as agreed upon and that follow: $8.75/unit for F a c i I i t y-b a s e d respite care. A unit for each service
is defined by the most recent version of the DOEA Handbook, DCF CFOP 140-8, and AHCA
guidelines as noted above and any subsequent revisions thereto. The number of its of services
performed for each client must be pre-authorized by the County in accordance with the Activity Plan.
D. The Contractor will provide the service detailed in "B" above for the unit rate
agreed upon in "C" above in the geographic area detailed in "A" above.
E. The Contractor will in all cases provide service within the timeframes agreed upon
in the Activity Plan, required by the most recent version of the Florida Department of Elder Affairs
(DOEA) Handbook and the CFOP 140-8, Community Care for Disabled Adults Operating Procedures,
2
1 Packet Pg. 1508
Tranquility Bay It Day Care (Key Largo)
Agreement #TB-19-20
and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees
that Monroe County Social Services will designate representatives to visit the Contractor's
facility(ies)periodically to conduct random open file evaluations and/or other contract monitoring
activities during the Contractor's normal business hours.
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 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 a Medicaid Waiver Provider of Choice, if applicable.
6. CONTRACTOR'S FINANCIAL RECORDS -6
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the to of the Agreement and for six years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this Cr
r-
cu
Agreement, the Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55.03,FS,running from the date the monies were paid to Contractor.
N
M
7. PUBLIC ACCESS Ir-
0
Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the E
Contractor to abide by the terms of this provision shall be deemed a material breach of this contract
and the County may enforce the terms of this provision in the form of a court proceeding and shall, as
a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any terrnination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in.order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records
3
1 Packet Pg. 1509
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the County
to perform the service. If the Contractor transfers all public records to the County upon completion of
the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County, upon
request from the County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN Cr
BRADLEY, AT (305) 292-3470
S. INDEMNIFICATION/HOLD HARMLESS C14
M
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Ir-
Contractor shall defend, indemnify and hold the County and the County's elected and appointed 0
offices, and employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained
by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees, agents, sub-contractors or other invitees during the to of this Agreement, E
(B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that
it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, cost or expenses arise from the intentional or sole negligent
acts or omissions of the County or any of its employees, agents, or invitees (other than
Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, cost or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WCI, GLI, and VL2, 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 be imposed by the Monroe
County Risk Management Department.
4
Packet Pg. 1510
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision for
waiver.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to beemployees of the Board of County
Commissioners of Monroe County.
10. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of Cr
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation C14
Act of 1973, as amended (20 USC s. 794) which prohibits discrimination on the basis of
0
handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the is of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 191.2, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) E
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities <
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code C . 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of,this Agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, 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 may
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
5
1 Packet Pg. 1511
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
deemed to impose any additional obligation upon the board.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract. Contractor shall use the
Department of Homeland Security's E-verify system to verify the employment eligibility of all new
employees hired during the contract to pursuant to this agreement.
13. SUPPORT TO THE DEAF OR HARD-017-HEARING -6
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-
Contact (one per firm) to ensure effective communication with deaf or hard-of hearing clients or Cr
companions and/or caregivers in accordance with Section 504 and the ADA. The name and contact
information for the contractor's Single-Point-of-Contact shall be furnished to Monroe County 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,
0
roles & responsibilities, and contact points associated compliance with Section 504 and the ADA.
Further, employees of the contractor shall attest in writing that they are familiar with the requirement of _J
Section 504 and the ADA. This attestation shall be maintained in the employee's personnel file.
d. The contractor's Single-Point-of-Contract will ensure that conspicuous Notices which.
provide information about the availability of appropriate auxiliary aids and services at no- cost to the
deaf or hard-of-hearing clients or companions and/or caregivers are posted near where people enter or E
are admitted within the agent locations. Such Notices must be posted immediately. The approved
Notice can be downloaded through the Internet at: <
http://www.dcf.state.fl.us/admin/ig/civilrights.shtmi.
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 made if any request was not 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.
14. DISCLOSURE AND CONFLICT OF INTEREST
The Contractor represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.3 11,
et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
6
1 Packet Pg. 1512
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
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 any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
,The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Cr
r-
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, obligation, judgment, lien, or any form of indebtedness. The N
Contractor further warrants and represents that it has no obligation or indebtedness that would
0
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:
E
FOR COUNTY:
Monroe County and County Attorney <
Sheryl Graham, Sr. Director 111.1 12'h Street Suite 408
1100 Simonton Street 2-257 Key West, FL. 33040
Key West, FL. 33040 305-292-3470
305-292-4510
FOR CONTRACTOR:
Tranquility Bay Adult Day Care of Marathon, CORP
Oscar Hernandez, President
100360 Overseas Highway, Suite#6, 7, 8
Key Largo, FL 33037
305-440-2398
17. TAXE S
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor
7
1 Packet Pg. 1513
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials. The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
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.
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 Agreement shall be governed by and construed in accordance with the laws of
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 agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County. Cr
r_
C. The County and Contractor agree in the event of conflicting interpretations of the
terms or a to 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 proceeding.
0
D. Severability. If any term, covenant, condition, or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and E
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party 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, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated 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.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
8
1 Packet Pg. 1514
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public meeting
of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction
of the parties, then. any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
20. BINDING 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.
CO
21. AUTHORITY
Each. party represents and warrants to the other that the execution, delivery and performance Cr
r_
of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
22. CLAIMS FOR FEDERAL OR STATE AID
0
Contractor and 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.
23. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and E
rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County, when <
performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
24. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute, and case law.
9
1 Packet Pg. 1515
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
25. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this Agreement.
26. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
27. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent 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 �e
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
28. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be Cr
r_
cu
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.
Q
N
29. SECTION HEADINGS
0
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
will not be used in the interpretation of any provision of this Agreement.
30. PROVISIONS REQUIRED BY FEDERAL LAW, 2 CFR part 200.
A. Equal Employment Opportunity,No Discrimination Provisions: E
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination. by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on. the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
10
I Packet Pg. 1516
Tranquility Bay It Day Care (Key Largo)
Agreement #TB-19-20
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of,this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11.375, Amending Executive Order 1.1246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs,Equal Employment Opportunity,Department of Labor). See 2 C.F.R.
Part 200, Appendix II, C, agrees as follows:
1 The contractor will not discriminate against any employee or applicant for
employment because of race, color,religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be Cr
r-
cu
limited to the following: Employment, upgrading, demotion., or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous N
places, available toemployees and applicants for employment, notices to be provided by the
0
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
E
3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about, <
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to
the compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,
or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers' representative
of the contractor's commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
11
Packet Pg. 1517
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless Cr
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
0
including sanctions for non-compliance; provided, however, that in the event a contractor becomes
involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction
by the administering agency the contractor may request the United States to enter into such litigation
to protect the interests of the United States.
31. OTHER FEDERAL CONTRACT REQUIREMENTS The Contractor and its
subcontractors must follow the provisions, as applicable, as set forth in Appendix 11 to I C.F.R. Part E
200, as amended, including but not limited to:
A. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by
Federal program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant
Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon. Act (40 U.S.C. §§3141-3144, and §§3146-3148) as
supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute,contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. If applicable,the COUNTY must place a current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The COUNTY must report
12
1 Packet Pg. 1518
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
all suspected or reported violations to the Federal awarding agency. When required by Federal
program legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it
does not apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program), the contractors must also comply with the Copeland"Anti-Kickback"Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or. in
Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The COUNTY must report all suspected or reported
violations to the Federal awarding agency.
1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference
into this contract.
2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier Cr
r_
subcontractor with all of these contract clauses.
3) Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
0
5.12.
B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must E
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties,assignment or performance of experimental,developmental,
or research work under that"funding agreement,"the recipient or subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements,"
13
1 Packet Pg. 1519
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
and any implementing regulations issued by the awarding agency.
D. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-76714) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA and the Regional Office of the Enviromental Protection Agency (EPA). The Clean Air
Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000.
E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award(see 2 CFR 180.220)must not be made to parties listed on the govemmentwide exclusions
in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions 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.
F. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or Cr
r_
organization for influencing or attempting to influence an officer oremployee of any agency, a
member of Congress,officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
0
connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier
up to the non-Federal award.
G. Compliance with Procurement of recovered materials as set forth in 2 CFR §
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency E
(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
H. Americans with Disabilities Act of 1990, as amended (A A) - The
CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations
of the Federal government issued thereunder,and the assurance by the CONTRACTOR pursuant
thereto.
I.Disadvantaged Business Enterprise (DBE) Policy and Obligation- It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity
to participate in the performance of contracts financed in whole or in part with COUNTY funds
under this Agreement. The DBE requirements of applicable federal and state laws and
14
1 Packet Pg. 1520
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-20
regulations apply to this Agreement.The COUNTY and its CONTRACTOR agree to ensure that
DBE's have the opportunity to participate in the performance of this Agreement. In this regard,
all recipients and contractors shall take all necessary and reasonable steps in accordance with 2
C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations
to ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color,national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
I. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible.
2. Affirmative steps must include:
6) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
b) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
C) Dividing total requirements, when economically feasible, into smaller tasks or Cr
r-
cu
quantities to permit maximum participation by small and minority businesses, and women's
business enterprises;
d) Establishing delivery schedules,where the requirement permits,which encourage N
participation by small and minority businesses, and women's business enterprises;
0
e) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
f) Requiring the Prime contractor,if subcontractor are to be let,to take the affirmative steps
listed in paragraph (a)through(f) of this section.
J. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify E
system to verify the employment eligibility of all new employees hired by the Contractor during
the term of the Contract and shall expressly require any subcontractors performing work or <
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the Contract term.
32. MUTUAL REVIEW
This agreement has been carefully reviewed by the Contractor and the County. Therefore, this
agreement is not to be construed against any party on the basis of authorship.
15
Packet Pg. 1521
Tranquility Bay Adult Day Care (Key Largo)
Agreement #TB-19-2o
IN WITNESS WHEREOF the parties hereto have executed this AlFeement on the day and date
first written above in ibur(4)counterparts, each of which shall, without proof or accounting for the
other counterparts,be deemed an original con Tact.
Tranquility Bay A It Day Care Monroe County
Oscar Hermnande ident Roman Gastesi,County Administrator
Director
P as
By:
By.
7
Date- - I 1 .1 1 Date:
0
EY .......
-111.................."I ..................... Cr
Daete
Monroe County Board of County Commissioners
C14
M
It-
0
Mayor Heather Carruthers
Date
E
Packet Pg. 1522
BOARD OF COUNTY COMMISSIONERS
County of Monroe "I Mayor Heather Carruthers,District 3
'Me b1ofida Keys Mayor Pro Tern Michelle Coldiron,District 2
Danny L.Kolhage,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Conmiission Mee i
tM9 4 4�
June 20, 2018
Agenda Its Number: C.31 30 13
Agenda Item Sunnnaxy #4339 "(-f +0 +
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of Annual Agreement between Tranquility Bay Adult
Day Care 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 receives grant funding from the Alliance
Cr
for Aging to provide Facility-Based Respite and Caregiver Services to elderly and/or disabled r_
Monroe County residents. Tranquility Bay Adult Day Care is providing these services and meeting
these critical needs for this population in a highly successful manner.
nd
PREVIOUS RELEVANT BOCC ACTION: 2 Amendment to Tranquility Bay Agreement
approved by BOCC on 11/22/2016, ikferovaA MA- -4)1%1'2biS 4j
E
CONTRACT/AGREEMENT CHANGES:
Annual Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Backup (2)
TB adult day care vendor NEW agreement Ply 06052018
SY2018-2019 06/20/2018
Packet Pg. 1523
R.3.b
a
Packet Pg. 1524
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 If yes, amount:
Grant: Yes
County Match:
Insurance Required:
Additional Details:
Cr
REVIEWED BY:
Sheryl Graham Completed 06/05/2018 4:11 PM
Pedro Mercado Completed 06/05/2018 4:19 PM
Budget and Finance Completed 06/05/2018 4:41 PM
Maria Slavik Completed 06/05/2018 5:55 PM
Kathy Peters Completed 06/05/2018 5:56 PM
Board of County Commissioners Completed 06/20/2018 9:00 AM E
Packet Pg. 1525
R.3.b
a
Packet Pg. 1526
CCU&,
a.
Kevin Madok, cpA
....... Clerk of the Circuit Court& Comptroller—Monroe County, Florida
® December 20, 2018
® Sberyl Gram am,Director
Social Services
VM. Kim Wilkes Wean
FROM: Pamela.G. Hanco@�Yc.
SUBJE4 CT: June 20di&August 15'BOCC Meetings
Enclosed are three duplicate originals of each of die following for your liandling:
June 20,2018
C31 Annual Agreement between Tranquility Bay Adult Day Care and Monroe County
Social Services to provide Facility-Based Respite Services to elderly and disabled citizens residing
Cr
dirougliout Monroe County in an amount not to exceed $50,000.00 for die p4z_n'od'6TjuIy 1, 2018
dirougli June 30, 2019.
C32 1st en nt to Agreement#TB 17-18 between Tranquility Bay Adult Day
Care and Monroe Co oard of County Commissioners/Monroe County Social Services to
provide Facility-Based r and Caregiver Services to elderly and/or disabled Monroe County
residents and to ine're the to exceed amounf'fro m$50,00-0.00 to$80,000.00 for the E
contract period endin une 30, 018,
August 15,2018
"'Im n"'� .0 ard
re anl
a_ the
t
June 30, .2
C25 Rescinding of Item C30 from June 20,2018, BOCC.Agends and granted approval
and authorized execu ' n the Annual Agreement between Tranquty Bay Adult Day Care of
Maradion CORP.,Zd onroe County Social Services to provide Facility-Based Respite Services
to elderly axed disable exceed
$30, f000.00 or tine
thou
M w you
a
y
Wt the 0 S
Should you bane any questions,please feel free to contact-me at ext. 3550. Tbank you.
cc: County Attorney
Finance
File
KEY WEST MWTHON PIANTATION KEY WROTH BUILDING
50D Whitehead Street 3117 Overseas Highway 88820 Overseas Highway High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852171 Packet Pg. 15271
AGREEMENT
ORIGINAL � TB#18/19
THIS AGREEMENT, made and entered into this 1`4ay (if July,`26 14, by and 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. (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
Department of Children and Families, the Florida Agency for Health Care Administration, and
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 Facility-Based Respite Services to
ensure that such services are available throughout the County;and
WIMREAS,Tranquility Bay Adult Day Care is qualified and desires to provide Services;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained Cr
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth,mutually agree as follow:
1.T HE_CONTRACT
The contract between the Owner and the Contractor, of which this agreemeni is a-part,
consists of the contract documents, which are as follows® This agreement and any amendments
r_
executed by the parties hereafter, and all required insurance documentation. In the event 0
E
of a discrepancy between the documents, precedence shall be determined by the order of the
documents as just listed.
2. SCOPE OF LIM)AQRK
The Contractor shall provide Facility Based Respite Services for the County, specifically
in the Upper Keys area. The Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. The provider shall at all times exercise independent, professional.
judgment and shall assume professional responsibility for the services to be provided. Contractor
shall provide services using the following standards, as a minimum requirement:
A. The Contractor shall maintain adequate staffing levels to provide the services
required under this contract.
Packet Pg. 1528
AGREEMENT
TB#18/19
13. 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.
3. PPAAYME Nj.S TO THE C'ONTRACTOR
_ _...I&C
A. Payments to the Contractor for services rendered pursuant to this Agreement shall not
exceed a total of Fift dollars shall ounty a,y Thbusand dol ($56,000),"rhe Contractor all submit to the C weekly
invoice,with supporting documentation acceptable to the Clerk.Acceptability to the Clerk is based on
genemily accepted accounting principles and such laws,rules,and regulations as may govern the Clerk's
disbursement of funds.
& Upon Monroe County's receipt and thorough review and processing of said
invoices,Monroe County Clerks Office shall submit payment to the Contractor in accordance with the
0
Florida Prompt Payment Act.
4. QF U&M >%
C.L ONTRACT
The term of this contract is for one year,commencing on the 1st day 6f''July. 018 and ending 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.
S. CC?NTRACTOR'SRESPONSIBILITIL-'S Cr
A. The Contractor will perform only authorized Facility-based Respite at Tranquility
Bay Adult Day Care at 100360 Overseas Highway, Suites 6,7,8,Key Largo,FL 33037 for the it rate(s)
specified herein. Only this service that is specifically authorized by the County as documented by the
Social Services Department will be reimbursable. T h i s s ervice will be provided by the
Contractor in accordance with DOA definitions/specification, by agencies that hold necessary
licenses, and by individual workers qualified to perform such services as detailed in the most recent
version of the Florida Department of Elder Affairs (DOER) Handbook and the CF0F 140-8,
E
Community Care for Disabled Adults Operating Procedures,and in accordance with the Agency for Health
Care Administration (AHCA)guidelines as required and any subsequent modifications thereto.
B. The service the Contractor will provide under these terms and
conditions are: F a c i I i ty=based respite care as defined by DOEA Handbook, DCF CFOP 140-8 and
AIFICA guidelines as noted above and any subsequent revisions thereto.
C. The Contractor will provide services during the to of this contract for the unit
rates as agreed upon and that follow: $8.75/unit for F a i I ity-bas e d respite care. A unit for each
service is defined by the most recent version of the DOEA Handbook, DCF CFOP 140-8, and AHCA
guidelines as noted above and any subsequent revisions thereto. The number of its of
services performed for each client must be pre-authorize'd by the County in accordance with the
Activity Plan.
D. The Contractor will provide the service detailed in "B" above for the unit rate
agreed upon in "C" above in the geographic area detailed in "A" above.
E. The Contractor will in all cases provide service within the timeframes agreed upon
in the Activity Plan, required by the most recent version of the Florida Department of Elder Affairs
2
Packet Pg. 1529
..... .............. ..........
AGREEMENT
TB#18/19
(DOEA)Handbook and the CFOP 140-8, Community Care,for Disabled Adults Operating Procedures,
and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees
that Monroe County Social Services will designate representatives to visit the Contractor's
facility(ies)periodically to conduct random open file evaluations and/or other contract monitoring
activities during the Contractor's no al business hours.
F. The Contractor has, and shall maintain throughout the to of this contract,
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,
Cr. The Contractor must maintain approval status from the Alliance for Aging,
Inc., as a Medicaid Waiver Provider of Choice,if applicable.
6. QNTRACTOWS FINANCIAL 1��COItj�DS —6
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied, Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the to of the Agreement and-for six years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall, repay the monies together with interest calculated pursuant Cr
to Sec. 55.03,FS,running from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in the performance of this Agreement,
E
(b) Provide the public with access to public records on the same terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost provided in 2
Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of this Agreement and destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Monroe County in a format that is
compatible with the information technology systems of Monroe County.
8. INDEMNIFICATION/HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the County and the County's elected and appointed
offices, and employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained
3
Packet Pg. 1530
AGREEMENT
TB#18/19
by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees, agents, sub-contractors or other invitees during the term of this Agreement,
(B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that
it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, cost or expenses arise from the intentional or sole negligent
acts or omissions of the County or any of its employees, agents, or invitees (other than
Contractor).Insofar as the claims,actions causes of action, litigation, proceedings, cost or expenses
relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the to of this Agreement or any earlier termination of this Agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, GIB. 1, and VU; 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 be imposed by the Monroe
County Risk Management Department.
Non-Waiver of Immunity. Notwithstanding the provisions of See. 768.28, Florida Statutes, the
Cr
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision for
waiver.
9. INDEPENDENT CONTRACTOR
At all t'imes and for all purposes under this agreement the Contractor is an independent E
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
10. NONDISCRIMLNATION
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil lughts Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794) which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
4
Packet Pg. 1531
R.3.b
g
AGREEMENT
TB / .
1972 (PI, 92-2 5), as amended, relating to nondiscrimination on the basis of drug abuse; ) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, 'Treatment and Rehabilitation ,Act of
197 ( L, 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 ( 2 USC ss, 6 0ddm3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. V1,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and I 1 )Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
o, or the subject matter of,this Agreement.
11. ASSIgIWN /SUBCQN', ACT
The Contractor shall not assign or subcontract its obligations under this agreement, except �
in writing and with the prior written approval of the Board of County Commissioners of
Monroe County which approval shall be su ject'to such conditions and provisions as the Board may �
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of tine provisions of this �
agreement. Unless expressly provided for therein., such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
Cr
12. 2C1 . LIA CB WLLH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes, �
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in E
accordance with these specifications throughout the term of this contract. Contractor shall use the �
Department of Homeland Security's E.--verify system to verily the employment eligibility of all new
employees hired during the contract term pursuant to this agreement.
13. SUPPORT T'C1 THE DEAE OR HAKL-_()&JIaARING
a. The contractor shall comply with.section 504 of the Rehabilitation Act of 1973,29 U.S.C;.
794, as implemented y 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 3 (hereinafter
referred to as ).
Packet Pg. 1532
AGREEMENT
TB 918/19
b. The contractor shall if it employs 15 or more employees, designate a Single-Point-of-
Contact (one per firm) to ensure effective communication with deaf or hard-of hearing clients or
companions and/or caregivers in accordance with Section 504 and the A. The name and contact
information for the contractor's Single-Point-of-Contact shall be furnished to Monroe County 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,
roles & responsibilities, and contact points associated compliance with Section 504 and the ADA.
Further,employees of the contractor shall attest 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 file.
d. The contractor's Single.-Point-of-Contract will ensure that conspicuous Notices which
provide information about the availability of appropriate auxiliary aids and services at no- cost to the
deaf or hard-of-hearing clients or companions and/or caregivers are posted near where people enter or
are admitted within the agent locations. Such Notices must be posted immediately. The approved
Notice can be downloaded through the Internet at:
http://www.def.state.fl.us/admin/ig/eivilrights.shtmL
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 made if any request was not honored® The
contractor shall submit Compliance Reports monthly, not later than the I st day of each month, to the
Cr
Monroe County Social Services Compliance Manager.
14. alaCLOSUU, CT F O INTE S RET ANPCONF LI The Contractor represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either,direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as Provided in Sect. 112.311,
et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as E
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information,
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 any and all programs in Monroe
County which the Contractor,sponsors, endorses,recommends, supervises,or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide, employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without,liability and, at
6
Packet Pg. 1533
AGREEMENT
TB#18/19
its discretion, to offset.from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
15. ._I' E Q IL Qf F_QUM
The Contractor shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, 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 RE.QUIREMENT
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:
FOIE COUNTY,
Monroe County and County Attorney
Sheryl Graham, Sr.Director 1111 12flStreet Suite 408
1100 Simonton Street 2-257 Key West,FL 33040
Key West,FL. 33040 305-292-3173
305-292-4510
FORCONTRACTOR:
Tranquility Bay Adult Day ;are Cr
Oscar Hernandez,President
100360 Overseas Highway, Suites,6,7,8
Key Largo,FL 33037
305-440-2398
17, LAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor
E
shall not be exempted by virtue of the-County's exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials, The Contractor shall be <
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement,
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 perforni the
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. OSTS AND ZEES
A. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely in the State.
7
Packet Pg. 1534
AGREEMENT
TB #18/19
B. In the event any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, County and Contractor agree that venue will 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 to 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 proceeding.
D. Severability. If any term, covenant, condition, or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
0
Agreement. The County and Contractor agree to ref® the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party 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 Cr
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated 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.
CO
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
E
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session,the issue or issues shall be discussed at a public meeting 2
of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction
of the parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
Q Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision. of the services under this Agreement. County and Contractor specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
20. BINDING 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.
Packet Pg. 1535
AGREEMENT
TB M18/19
21. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law®
22. CLAIMS FQRIEPE&ALD&,aTATEAID
Contractor and County agree that each shall e_,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.
23. LRIVILEGES AND_DLMMITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief,disability,workers'compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County,when
0
performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
24. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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
responsibility imposed upon the entity by law except to the extent of actual and timely Cr
performance thereof by any participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional- or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute,and case law,
25. EQN-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
E
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the 2
County nor the Contractor or any agent, officer, or employee of either shall have the authority to <
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this Agreement.
26. ATTESTA-11(&.S
Contractor agrees to execute such documents as the County may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement,
27, NO PERSONAL,LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe Coutity 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. EXECUTIOXIaINLQQUNTERPARTS
9
Packet Pg. 1536
AGRE EMENT
TB #18/19
'rhis 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 jLEADRjGS
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
will not be used in the interpretation of any provision of this Agreement.
30. MUTUAL REVIEW
This agreement has been carefully reviewed by the Contractor and the County. Therefore, this
agreement is not to be construed against any party on the basis of authorship.
rN 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 —6
other counterparts,be deemed an original contract.
Tranquility Bay Adult Day Care Monroe County Social Services
Oscar Hernandez, resident David Rice,Mayor
By: f By: Cr
Date- 1 ,----Datq, , ems
CL
W1,
A0,
Ny
IN M
10K CLE
E
-CLEFr,-
ORNI-Y
OE RM
P CVV
PEa,MER
AN
ASS16—GA- U
Z;g
C3
C7 21
r-
n R
C-):N I
C3
rn
C-D
10
Packet Pg. 1537
R.3.b
2018 Edimm
FOR
CONTRACT r-13-41allq
BETWEEN
MONROE COUNTY,FLORIDA
AND
Prior to the commencement of%vork governed by this contract,the Contractor will obtainWorkers'
Compensation Insurance with limits sufficient to respond to applicableWorkers' Compensation
state statutes and the requirements of Chapter 440,Florida Statutes.
In addition,the Contractor will obtainEmployers' Liability Insurance with limits o not less
than:
00,000 oily Irijury by Accident �
$500,000 Bodily Injury by Disease,policy limits �
$100,000 Bodily Igjury by Disease,each employee
Coverage will be maintained th u hour the entire term of the contract, �
Coverage will be provided by a company or companies authorized to transact business in the State
of Florida.
cr
am
Irthe Contractor has been approved by the Florida's Department of Labor,as an authorized self-
insurer, die County may r o ni c and honor the Contractor's status. 'The Contractor may be .�
required to submit a Defter of Authorization issued by the Department of Labor and a Certificate
of Insurmice,providing details on the Contractoes Excess Insurance Program.
If the Contractor participates in a sell-insurance fund, a Certificate or Insurance will be required. 03
In addition,the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wt I,
Adminisimim Insinnalen 7500.7
t'7
Packet Pg. 1538
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT I�cb I ej
BETWEEN
MONROE COUNTY,FLORIDA
�®
a 0-aize-
-r,Zq0 -LdyTi �-j
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
9lto the commencement of work, shall obtain Business Automobile Liability Insurance.
eoorage will be maintained throughout the life ofthe contract and include,as a minimum,liability
coverage for
Owned,Non-Owned,and Hired Vehicles
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
If split limits are pravidcd,the minimum limits acceptable are:
$200,000 per Person
$300,000 per Occuffence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
E
VL2
AfthAsnadve Inomflon 7500.7
R1
Packet Pg. 1539
.....................
2018 Mum
PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BOWEEN
MONROE COUNTY,FLORIDA
RecognizinA that the work govtvned by this contract involves the fumishing of advice or services
of a professional nature, the Contractor will purchase and maintain, throughout the life Of Ole
contract,Professional Liability Insurance which will respond to damages resulting from any claim
arising DIAL OF tile performance of proressionalservices or any error or omission of the Contractor
arising out of work governed by this contract,
The minimum limits of liability are.
S500,000 per Occurrencelli 1,000,000 Ags' repte
ircoverar is provided on a claims made basis,an extended claims reporiing period of four(4)
t
ye be required.
cr
E
P .
Admialsimfive Insiracion 7500.7
77
Packet Pg. 1540
logs C&I"
GENERAL 1AABILITY INSURANCE REQUIRE,MENTS
FOR
CONTRACT --r BETWEEN
MONROE COUNTY,FLORIDA
A N01,DW
clt# 14y Oage-,
Prior to the commencement of work governed by this contract, the Contractor will obWn
Commercial General Liability Insurance. Coverage will be mah-#tained throughout the life of the
contract and include,as a minimum
0 Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
An Occurrence Po m policy is preleffed, If coverage is provided on a Claims Made policy, its
provisiorts should include coverage for claims riled an or after the effective date ol'this contract.
In addition,the period for which claims may be reported should extend for a minimum or twelve cr
(12)months following the acceptance of%vork by the County.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements. CL
E
Adminismtivc lastruction7500.7
53
Packet Pg. 1541
R.3.b
DATE(MMID )
CERTIFICATE LIABILITY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTiTUTE A CONTRACT BETWEEN THE. ISSUING INSURE S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the pollcy(Nes)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder'In lieu of such andorsement(s),
PRODUCER CONTE:ACT Liliana Ortiz
NAM
Sunflowers Insurance Group Inc. RCN,o,E�I. 305-55344949 � ����Noe 305-553 d958
11401 SW 40 ST 311 D IL sunflowersins@live.com
INSURER(SAFFORDING COVERAGE NAIC N
Miami FL 33165 INSURER A: AMTRUST NORTH AMERICA
INSURED INSURERS: AMTRUST NORTH AMERICA
TRANQUILITY SAY ADULT DAY CARE INSURERC:
100360 OVERSEAS HIGHWAY INSURERD.,�
SUITE#6,7,8 INSURER E: Y �.
Key Largo FL 33037 _ wsuR R P
COVE GES CERTIFICATE NUMBER„ REVISION NUM ER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR W—DOUTYPE OF INSURANCE L 9U6R POLICY NUMBER POLICY EFF P0L ICY EXP �..�.. .. LIMITS M
LIB COMMERCIAL GENERAL LIABILITY
_ EACH OCCURRENCE _ $ 1,000,000.00 �
AG'TiJ{i
CLAIMS-MADE OCCUR PREMISES Eaocourrence� S 100,000.00
MED EXP(Any one person) S 6,000.00
A _ _ Y NPPI008906-00 02/2612018 02/26/2019 PERSONAL&ADV INJURY S 1,000,000.00 co
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000.00 _
POLICY PR®-
JEC 1:1 LOC PRODUCTS-COMP/OPAGG S 3,000,000DO
OTHER: Professional Liability s Included Cr
AUTOMOBILE LIABILITY Od IN DSINGLELIMIT S 500,000.00 4�
Ea acoident. �
ANY AUTO BODILY INJURY(Per person) S
OWNED _. SCHEDULED
AUTOS ONLY AUTOS NCA1008906-00 02/26/2018 02/2612019 BODILY INJURY(Per accident) S
'
HIRED NON-OWNED PROI'Ei'tiTY C3ATAAGfv S
AUTOS ONLY AUTOS ONLY Per accident,mm.
UMBRELLA LIAR OCCUR I Ike IT EACH OCCURFiEPICE_ S
EXCESS LIAS .. ...
CLAIMS-MADE AGGREGATE $
sly
DED RETENTIONS . S
WORKERS COMPENSATION �
AND EMPLOYERS'LIABILITY YIN TATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE N 1 A AI "� E.L.EACH ACCIDENT $ g�
Manna®ME NHREXCLUDEW f ---
l r'Y in ) E.L.DISEASE-EA EMPLOYEE S_., _....
._.__...
If yes describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
Abuse&Molestation Included $300,000.00
DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may the attached If more space is required)
Monroe County Board of County Commissioners is listed as an additional.
CERTIFICATE MOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN
Monroe County ACCORDANCE WITH THE POLICY PROVISIONS.
Board of County Commissioners
AUTHORIZED REPRESENTATIVE
1100 Simonton St.Key West,FL,33040
O 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Packet Pg. 1542
R.3.b
TRANQUILITY BAY ADULT
100360OVERSEAS
SUITE ,,7,
KEY LARGO FL 33037 .
PH: 305 440-2398FAX -2
August 21, 2018
® Mo roer i s
y name is scar Hernandez and I am the owner r i it
adult are. I have researched and reviewed the laws of Chapter
440, Florida Statutes and am fully aware of the state requirements for
employbrs to carry Workers Compensation Insurance® By signing
below, attest under penalty of perjury that as of f 0 /18,1raDquilit
Adul Day Qarp is exempt from r s Compensation insuranceCr
require
nt. I °I contact rr�m i � with ��
Wo Compensation Insurance policy information n should become
non-ex pt over the coming year.
Feel fr to c ntact huu you have an questions r°concerns.
r
Sin
.OS R EI D
. s°dt
i
0
e
i
E
} f
Packet Pg. 1543
R.3.b
Nov 071 1 o3 p
p.1
ADULTIIIANQU3:LM SAY
Y
KEY LARSO FL 33037
November 7,2018
TO' Monroe COU'ItY Social Service.,S
MY name i
p
440,Flor 'have rearid or sand -wed the laws of Chapter
Iy a staterequirements
I a r
r� pan r I momp Insurance. A l
° � 1 , I
rn Ir d
Workers
C 1 �a l insurance
Compe with rRY Workers
InformatiOn should I becorne no,,..Feel free to co ct me shou
Cr
Id YOuIsa
..
ave any questions or concerns.
a ,I ,
c�
President
f
I' d a hereby confirin that on this
0 day apPeared beforeain
person
wh0exer-uted the PrecedingentI Own to be the person(s)
¢x I m
the State of
MY CMMLSsion
'
BJ enL RL In AON
_ _ Packet Pg. 1544
R.3.b
JIMMY PATRON �
CHIEF FINANI AL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISilloN OF WORKERSTCOMPENSA'nON
CERTIFICATE I To BE EXEMPT FROM FLORIDA WORKERS,COMPENSATION LAB'
NON-CONSTRUPTION INDUSTRY P' I
.'Chia certifies that the it dlAdual listed below has elected to be exempt from Florida Workers'Compensation law.
EFFECTIVE DATE. 1116/ 018 EXPIRATION DATE: 1°i/s1 0 0
PERSON. OSCAR HERNANDEZ EMAIL. RAI LS A Le M
P i ® 464 661
BUSINESS NAMEAND ADDRESS:
TRANQUILITY SAS'ADULT DAY CARE CORP
100360 OVERSEAS HWY SUITE 6,7®6 �
KEY LARGO,FL 33037 �
SCOPE OF BUSINESS OR TRADE:
College: Prolessionsi 000090. Ali Other
Employees&clerical Employees Cr
IMPORTANT:PIRSUallitto Chapter .05(14),P.S.,an officer of a corporation who elects exemption from this chapter by flume a certificate of alecirort u der91
this section y recover benefits or compensation der this chapter.I�t MUsnt to Chapter 440.05(12),F.S.,Certificates of election to be f election apply
exempt andthe s es o business
to be exempt listed
sh l!��subject ce of election
ro ibf any otter the filing opt Pursuant 10 ff h ®65Utce�r the saaar� of t election to be
lao oortlflcat the
person named an the notice or to no longer meets the regaalr me of this section for issuance of a certificate.The departrWc shall revolts s
aYifi to at anytime for failure of the person named on the rtificate to most the requirements of this section,
DFS-172-DWC-262 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED -°I a �
QUESTIONS?(950)413-1609
Packet Pg. 1545
Nov 1 ll,.ISa
P,2
'• Qom, ',
D
"WROXCUffry.
of
omwkm
! f�
cr
e ks.
r
f d aromw COMU16—
App"Aw,
Adokftmko I
Z'd
e617:6 � G AON
Packet Pg. 1546
R.3.c
201E Ulm
WORKERS'COMPENSATION INSURANCE REQUIREMENTS
CONTRACTFOR
COUNTY,.P—%X—
MONROE
FLORIDA
T AND
Prior tot the commencement orwork governed by this cOntract,the Contractor will obtain Wo&Xrs,
Compensation Insurance with limits sufficient to respond to applicableWorkers' Compensation
state statutes and the requirements of Chapter 440,Floridatatutes,
In addition,the Contractor will obtain players' Liability Insurance with limits or l s
Man:
!00,000 Bodily Injury y Accident
$500,000 BodilyI 'ury by Disease,policy limits
$100,000 Bodily Injury Disease,each employee
Coverage will be maintainedthroughout the entire term or the cant ct.
Coverage will W providedy a company or companies authorized to transact business in the State
of Florida,
Cr
l�
If the Contractor has been approved by the Florida's Department of Labor,as an authorized self-
insurer, the County mayrec ni a and honer a Contractor's status. The Con or May berequ �ire t submit a e er o tha ization issued the eparttra t or or a
fln u race,providing details on the on ctoc's Excess InsuranceProgram
ro ra n a Certificate
Irthe Contractor participates in a seir in u nee Bend,a Certificate or Insurance will be required.
In addition,the Contractor maye required to submit updated financial statement, from t a fund
upon request from the County.
c�
Vt 1.
Adminfamilty Inaructlen 7500.7
Packet Pg. 1547
1018 Wtown
GENERAL LIABILITY INSUWCE REQUIREMENTS
FOR
CONTRACT -r C-)
BETWEEN
MONROE COUNTY,FLOWDA
A.141,D"
1 1 wj� It?y eme�'
Prior to the commencement of work goverued by this contract, the Contractor will obtain
Commercial General Liability Insurance.Coverage will be maintained throughout the life of the
contract and include,as a minimum:
0 Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable is:
S300,000 Combined Single Limit(CSL)
An Occurrenc e Form policy is preferred. If coves
ge Is provided on a Claims Made policy, its
Provisions should include coverage for claims filed on or after the efractive date or this contract.
In addition, the period for which claims may be re orted should extend fora minimum of twelve cr
(12)Month ollowing the acceptance of work byte County.
The Monroe County Board of County COmmissionets will be named as Additional Insured on all
policies issued to satisfy the above requirements.
E
Administative lustmation 7SO0.7
Packet Pg. 1548
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT —
AL I q-
BETWEEN
MONROE COUNTY,FLORIDA
�AdQ�jl
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
ffr to the commencement of wotk, shall obtain Business Automobile Liability Insurance.
I've rage will be maintained throughout the life ofthe contract and include,as a minimum,liability
coverage for
Owned,Non-Owned,and Hired Vehicles
The minimum limits acceptable Is:
$300,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable are:
Cr
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy(he above requirements.
U)
.S
E
VL2
AdmWasirxlva horuction 7300.7
Packet Pg. 1549
R.3.c
JIMMY PATRONIS
CHIEF FINANICAL OFFICER �
STATEFLORIDA.
DEPARTMENT OF FINANCIAL SERVICES
DIVISION WORKERS-COMPENSATION
ELECTIONCERTIFICATE OF
FLORIDA
ICI INDUSTRY COMPENSATION
This Certifies that the Individual listed below has elected to be exempt frcrrl Florida Workers'Compensation law.
EFFECTIVE DATE: t 1/sI2016
EXPIRATION DATE. 1 1100
PERSON., A HERNANDE
EMAIL. RAISE AIL. M
III® 46489666,1
BUSINESS A AND a
TRANQUILITY BAY ADULT DAY CARE CORP
100360 OVERSEAS HWY SUITE 6,7,6 �
KEY LARGO, FL 33037
SCOPE OF BUSINESS OR TRADE:
C01fage. Professional College' Aff Other
Fptoyaes&clerical Employees Cr
IMPORTANT:Pursuant to Chapter .05(14),F. .,an officer of a corporation who elects exemption from this chapft r by filing certificate of election under 0
this section y recover benefits or compensation der this chapter.Puareuaut4 to Chapter 44®,a5 72 P,9„ 0
only within the scope of the businessor trade listed an the nob of election to be exempt Pursuant to t�hepter,Cert�(i3e of
election a of election to be
exempt llcetas of election to be erupt shell be sublect to revocation it,at any time after the filings of the tie or the Is a tentot the c®m o b thpt is
Person named an the notice or rtift to no tongs'me the realrtkerrterlts of title action for Issuanceof a ccrtlfCoste, rfse tfepartrtanc shall ee�oke a
rtlft to at arty time for fargure of Person namea on the certificate to most the req uirements of this Section,
DF3nF2-DW -2 2 CERTIFICATE OF ELECTION To 6E EXEMPT REVISED -13
QUESTIONS?(850)413.1609 �
Packet Pg. 1550
R.3.c
ffi
G�
�B
n
[t@s irac � �fS
a
Pear^ .l
ram: ocr
t ate:
y
Packet Pg. 1551
R.3.c
AC40RO�
CERTIFICATE OF LIABILITY INSURANCE r DATE(MM/DWYYYY)
O I
02/26/2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO CERTIFICATE DOES NOT A RIGHTS UPON THE CERTIFICATE HOLDER. THIS
FFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE bOES NOT CONSTITUTE A CONTRACT BE REPRESENTATIVE OR PROD EEN THE ISSUING INSURER(S), AUTHORIZED
UCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
PRODUCER CONTACT
NAME: Llllana Ortiz
Sunflowers Insurance Group Inc. PHONE 305 553 4949 c No.Extl: _ ac 11401 SW 40 ST#311 No: 305-553 4958
E-MAIL m sunflowersins Ilv .co ADDRESS: ,, e, @ __
INSU NAIC#
RER S AFFORDING COVERAGE
Miami FL 38166 INSUR : AMTRUST NORTH AMERICA
INSURED, — ERA
-
INSURER B: AMTRUST NORTH AMERICA
TRANQUILITY BAY ADULT DAY CARE
INSURER C
100360 OVERSEAS HIGHWAY
SUITE#6,7,8 INSURER D��
Key Largo INSURER E
FL 33037 1 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.ADDL SUBR `! _ L_
LT TYPE OF INSURANCE POLICY EFF POLICY EXP —
W(
COMMERCIAL GENERAL LIABILITY p yyy/ POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
EACH OCCURRENCE s 1,000,000.00
CLAIMS-MADE [k]OCCUR b_A A N —"
PREMISES Ea occurrence S 100,000.00
A MED EXP(Any one person) s 5,000.00
Y NPP1008905-03 02/26/2019 02/26/2020 PERSONAL BADVINJURY S 1,000'000.00�
GEN'L AGGREGATE LIMIT APPLIES PER: — --
POLICY❑ PRO LOC GENERAL AGGREGATE_ S 3,000,000.00JECT _
OTHER: Cr
PRODUCTS-COMPIOP AGG $ 3,000,000.00
AUTOMOBILE LIABILITY $ ��
COMBINED SINGLE LIMIT
ANY AUTO Ea accident S 500,000.00
OWNED SCHEDULED BODILY INJURY(Per person) $
B AUTOS ONLY + AUTOS Y NCA1008906-03
HIRED NON-OWNED 02/26/2019 02/26/2020 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE S
Per accident tD
UMBRELLA LIAB $
OCCUR t88
CE S EXCESS LIAR CLAIMS-MADE EACH OCCURREN---" -----
AGGREGATE DED $ °
RETENTIONS --
WORKERS COMPENSATION $
AND EMPLOYERS'LIABILITY "I STATUTE EORH ANYPROPRIETOR/PARTNER/EXECUTIVE YIN LITE OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $
(Mandatory in NH)if
yes,describe under E.L.DISEASE-EA EMPLOYEE $
DESCRIPTION OF OPERATIONS below
Abuse&Molestation Included E.L.DISEASE-POLICY LIMIT S
00,000.00
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required)
Monroe County Board of County Commissioners is listed as an additional.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County ACCORDANCE WITH THE POLICY PROVISIONS.
Board of County Commissioners
1100 Simonton St.Key West,FL 33040 AUTHORIZED REPRESENTATIVE
ACORD 25 2016/03 O 1988-2016 ACORD CORPORATION. All rights reserved.
( ) The ACORD name and logo are registered marks of ACORD
Packet Pg. 1552