Item C30 C30
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: C30
2023-1670
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING: Approval of Agreement between Tranquility Bay Adult Day Care
Corp (Marathon) and Monroe County to provide Facility-Based Respite Services to elderly and
disabled citizens residing throughout Monroe County for the contract period of 09/01/2023-08/31/2024.
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 in Monroe County has been providing these services and meeting these critical needs for this population in a
successful manner. The services are provided on site at the physical location of Tranquility Bay and either the
family member or the provider provides transportation to the physical location. Tranquility Bay is the only service
provider geographically located in the service area that is licensed to provide Facility-Based Respite and Caregiver
Services malting them the sole source available for this service.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved TB Marathon 19/20 1st Renewal on 3/17/2021. TB Marathon has been closed for
business throughout all of 2022 and part of 2023 due to staffing shortage/unavailability, while TB Key
Largo has remained open to serve all interested clients/caregivers throughout the catchment area.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
tb mar 23-2 .pdf
BACKUP 1 st renewal Las Mias 2021.pdf
1336
FINANCIAL IMPACT:
1337
00
M
M
Tranquility Bay Adiult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
THIS AGRETMENT, made and entered into this . day of 2 023
by and between MONROE COI TNTY, FLORIDA,/Mortroe County Board of' County
Cornmissioners/Motiroe County Social Services a political SUbdivision of (fie State of Florida
(hereinafter called the -Owner": or "C"'ounty"), and Tranquility Bay Adult Day Care Corp
(Contractor),
WIlf'RFAS. tile County provides Services to [lie eldet1y and disabled residing through0t.11
Monroe County; and
W I I FIZ l"'AS, for the purposes of this agreement, the County receives Funding
firom the Alliance for Aging, hic., and (lie Monroe County Board of' County
C orn in i ssioners/Monroe County, Social Services i it o r d e r to 1) r o v i d c t h e s c
pailicular senior specific services CIountywvide , and
WHE'RFIAS, tile COLIM.N' Ilas provided Services to assist (lie vuhientblc elderly and/or
disabled residents to rernain in their homes and maintain i tide lie ndencc for over 30 years, and
WHE"RF"AS, the C'otinty desires to contract for Facility-Based Respite Services to
ensure that such services acre available throughout the and
Wl IFRFAS, Tranquility Bay, Adult Day Care Corp is qualified and desires to provide specific
Services,
Contraetor provides services oil site at their physical location which rqUireS
clients he transported to the location for services, and Contractor is the only service provider
geographically located in tile service area that can provide these facility-based respite and caregiver
services milking it the sole source available Im services; arld
NOW THER!"FORE, ill consideration Of' the 1111.41LIal COVenatits and provisions contained
herein. the parties agree as follows: 'Fhat tile parties hereto, for the consideration hereinafter set
forth, RILIttlally agree as follow:
i. 114F (.'ON IRM."I
-file contract between the Owner and tile Contractor, of which this agreement is a part,
consists of' the contract doCLI11ICnts, which are as flollows: This agreement and any amendments
executed by, the parties hereafter, and all required insurance docUillentallon. In the event of'
it discrepancy betmieen the documents, precedence shall be determined by the order of the
docullicrits as Just listed.
SCOP ' OF THE WORK
The Contractor shall provide Facility Based Respite Services For the County, specifically
in Marathon, Florida, The Contractor warrants that it is al.1thOrized by law to engage in the
. ..... ......
perforrriance of' the activities herein described, subJect to tile terms and conditions set forth in
these contract documents. 'file provider shall at call 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 Millill'11,1111 requirernent:
1
Tranquility Bay Adult flay Care Corp (Marathon)
Agreement #TBMAR 23-24
Al The Contractor shall maintain adequate staffing levels to provide the services
required Under this contract.
B. The Contractor's personnel shall not be employees of the Monroe C I ountyp Board of.
COL111ty Commissioners.
('. All personnel engaged in pet-1101-111ilIg Sel'ViCeS Under this contract shall be fully qualified,
level I I baC kgtO Ll nd screened and. if' required, be authorized or perrnittcd under State and
local law to perform SLICII services.
3. PAYNJINTS TO
The Contractor shall submit to the C'oujity, a weekly invoice. with supporting
(10CLInientation acceptable to the Clerk, Acceptability to tile Clerk is based Oil generally accepted
accounting principles and such JaWS. and regLikations as tnay govern the Clerk's disbUrsenient of
funds.
W Upon Monroe County's receipt and thOt-0LIgh review and processing of said invoices, the
Monroc County Clerk's Office shall submit 1),avinetil to the Contractor in accorkhance, with the Florida
Prompt Payment Act.
County's perl'orniance and obligation to Pay UIldCr this a ,reCllletlt, is Collfillgent Upon
annual appropriation ley the Alliance f'or Aging, Inc., and the Monroe COLIIlty Roard Of COLIllty
Con)I'll issiorlers,
4, TFRNI (A"CON FRACT
']'he term ofthis contract is fir one (I) year, and
on August 3,1,2024. "I'lie County shall have the option to renew cAlInUally., for the same service rate, this
Agreement cat its sole discretion.
5, CONTRACTOR'S RESPONSIBILITIES
']'lie Contractor will perl'orni only authorized Facility-based Respite atTranqUility
Bay "Adult Day CM-C Corp glt 11524 (')vcrs ,�Unit�93M��Irath�011 _E1, ail Cl f01- the Unlit
rate(s) specified herein. Only this service that is specifically allthOrIzed by the Comity as doe Lillie it ted
by the Social Services Department will be reimbursable. T h i s s ervice will be provided by
the Contractor in accordance with DOFA del'iiiitioris/sl)e(,,,iticatioii, by agencies that hold necessary
licenses, and by individual workers qualified to pertlorm such services as detailed in (lie most recent
version of tile kyo),ithl Delmvonew ol'Eltki- Affiih,s (DOLA) Handbook
B, The set-vice the Contractor will provide Under these terms and conditions is:
F it c i I i t v-based r-espite cam as defined by D0P,,,4 Han(lbook,
C The Contractor will provide services during the term ofthis contract f0l' the LII)it
rates as agreed upon and that follower S1.0.00/unit/otte hour for service. As pet, the nlost recent
version of the DOEII llawlbook, One 110LU of actual client attendance at the facility is one unit Of
facility-based respite. ACtLial client attendance is defined as the titile between the client's arrival at the
2
C)
Tranquility Bay Adult Day Ca!re Corp (Marathon)
Agreement #TBMf AR 23-24
facility and the time of departure [turn the facility, 'time spent in trallsit, to or from the facility is not
Counted in the daily attendance, A daily attendance log with funding source, service provided, tinie ill
and tinie out, client printed narlie, and, client signature, shall be rn,ai lita i tied. The IlUrnber of units of
services perfornied tbr each client must be pre-authorized by the County ill accordance With the Activity
D� 'file Contractor will provide the service detailed in 5 13 above f`01- the Ullit rate
agreed Up011 Ili 5 . C above in the geographic area, detailed in 5A above.
1:.
The Contractor vvill ill all cases provide service within the fitnefrarries agreed Llj)0n
in the Activity Plan, required by tile Illost recent Version of the I'MI-041 Dei.nulineiil ol"Elcler flairs
(DOP,A) llantlbook. "I'lle Contractor agrees that Monroe COLUIty SOCial SCI-ViCeS Will designate
representatives to visit the Contractor's facility(ies) periodically to conduct I-and0ill Open file
CUILlatl(IIIS and/or other contract monitoring activities during, the Contractor's normal business
hours,
1:, 'file Contractor has, and shall maintain thi-OUglIOUt the M-111 Of' this COntraCt,
appropriate licenses aild approvals required to conduct its business, and that it vvill at all tinies
conduct its business activities, in as reputable manner. Proof ol" such licenses and approvds
shall be sLibinitted to the County, annually and upon request.
'file Contractor must maintain ai-.)proval StIltUS 1'rorn the Mliance for Aging,
Inc.. as as Medicaid \Vaivcr Provider ofThoice, if'applicable,
6. C(")INTRAIL I'OR'S FINANCIAL RF�CORDS
...............
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance kvith generally accepted accOLInting
principles consistently applied. Records shall be retained for a period of'six years from the
termination ofthis, agreement or, tor a period of three years frorn the submission of the final
expenditure report as per 2 CTR §200.333, whichever is greater. Elach party to this Agreement or
their authorized representatives shall have rezisonable and timely access to such records of
each other party to this Agreerrictit for public records purposes dUl-ill&) the term oftlic
Agreement and for six years following the termination of this Agreement, 11' all MIdItOr ell-1ploy-ed
by the County or Clerk determines that monies paid to ("ontractor Pursuant it) this
Agreement were spent for purposes riot authorized by this Agreement, the Contractor shall
repay the monies together with interest calculated PLINUant to Sec. 55.011. FS, running 1roin the
elate the monies were paid to Contractor,
PLAILIC ACCLSS
Contractor must comply with Florida Public records laves, including but not firnited to Chapter
1 ]9, Florida Statutes and Section 24 of article I Of the Constitution of Florida. The COLIfity, 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 COUrity, and Contractor in
conJUIlCti011 With this contract and related to contract performance. "I'lic County shall have the right
to Unilaterally cancel this contract LIP011 violation of this provision by the ontractor. I'ailUre of the
3
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
Contractor to abide by the ternis, of this provision shall be deemed as material breach of this contract
and the('01.111ty may, enforce the ternis of this provision in the Form ot'a COLUI Proceeding and shall, as
as prevailing party, be entitled to reimbursement of all attorneys I'm and costs associated with that
proceedillg� This provision shall survive any termination or expiration of the contract,.
The Contractor is encouraged to consult with its advisors about FlOridEl Public Records Law
in order to comply with this provision,
PLIA-Stiallt to F S, 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(I) Keep and triaintain public records (flat would be required by the Coutity to perftwi-n the
service.
(2) IJpon receipt front the COLHAY'S custodian of'records, provide the COLUlly With ',,I Copy
of'the requested records or allow the records to be inspected or copied within a reasonable tinie at as
cost that does not exceed the cost provided in this chapter or as otherwise provided by law,
(3) I`nsure that public records that are exempt or Coll lidential all(] exempt frorli public
records diSCIOSUrc requirements are not disclosed except as authorized by law liar the duration of`the
contract term auld following completion of the Contract it'the contractor does not transfer the records
to the C"ounty.
(4) 1 tpon coil-tipletion ofthe contract, transfer, at no cost, to tile ("aunty all I)LJ)IiC 1-CCORIS it)
possessiori of the Contractor or keel)and maintain public rCCORIS that Would be required by the County
to per1bi-ni the set-vice. If the Contractor transfers all public records to true County upon completion of
the contract. the Contractor shall destroy any duplicate PLII')IiC records that are exenipt or confidential
and exempt front public records disclosure requirements. Ifthe Contractor keeps and InailltlinS public
records 1111oll completion of the contract, the Contractor shall meet all applicable reqUil-ernClItS Ibr
retaining public records. All records Stored electronically must be provided to the County, upon
rccluest front the ('01,111ty'S custodian of'records, in a format that is compatible with the information
technology systenis of`the County,
(5) A IV(ItleSt to inspect 01- Copy public records relating to a COLH`lt)r contract must lie, made
LiffeCtly to the County, but if' the County does not possess the requested records. the County Shall
initnediately notify the Contractor of the reCILICSt, and the Contractor 111LISt Ill'OVICIC the records to the.
County or allow the records to be inspected or copied within a reasonable time,
If' "ONTRACTOR. HAS QUESTIONS REGARDING THL' APPLICATION 01"
CHAPTER
RFICORDS RI,J,ATlN(J 'F0 THIS CON RACY CONTACT 'FlIF' CLJSTODIAN OF PUBLIC'
RF("ORDS, BRIAN BRADLEY, AT (305'
8. INQF'MNIFI(..ATION/tIOLD IjAIkMLESS
....................... . ,
Notwithstanding any InininlUrn insurance reqUirenients prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the COLUlty and the COL111t)rS elected and appointed
offices, and employees harmless fi-oin and against (1) any chiinis, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type Of inwj!Liry (including death), loss, damage, fine, penalty or business interruption, and
4
CN
Tranquility Bay Adult Day Caire Corp (Marathon)
Agree,ment #TBMAR 23-24
(iii) any costs or expenses that inay 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 term cal"this Agreement.
(13) the negligence or willful misconduct of Contractor or any of its employees, agents, .sub-
contractors or other invitees, or (C) Contractor's detault in respect of'a ny of the obligations that
it UridertakeS Under the terms of this Agreement, except to the extent the claims., actions, causes
of action, litigation, proceedings, cost or expenses arise fi-om the intentional or sole negligent
acts or omissions of' the COLHIty or any, of' its employees, agents, or invitees (other than
('ontractor), Insofar" as (lie claims, actions, causes of action. litigation, proceedings, cost or
expenses relate to events or circunistances that occur during the term of' this Agreement, this
section "Jil survive the expiration of the term of this Agrcenicnt or any earlier termirl'ation of this
Agrcenictit,
Prior to execution cat` this agreemerit, the contractor shall lurnish the Owner (..'erfificalcs of
Insurance indicating the minimum coverage lira ttations as indicated by an -V on the attached
Forms identified as INSCK1,S]" 1-5, as I'tirther detailed on torms MT], G1,1, and VL2, each
attached hereto and incorporated as pat-( of' this contract document, in(] all other
I-CCILIii.ernents f01111d to be in the best interest 0l'MOnrOe COUrity as may be imposed by the Monroc
Comity Risk Management Department.
Non-Waiver of fininunity, NotvOlis(anding the provisions tat' Sec. 768.28, Florida Statutes, the
f)articipation of the COLUIty and the Contractor in this Agreement and the acquisition of any
commercial liability ]FIstirance COVel-age, sell.-insurance coverage. or local goverritnent liability
insurance pool coverage shall not be deemed a waiver of' 11111111111ity to the extent of* liability
coverage. not- shall any contract entered into by the C'ounty be required to contain any provision l'or,
waiver.
fir. ll OR
......................
Al all thnes, and for all pUrPOSeS under this agreenient the Contractor is an independent
contractor and not an employee of'the Monroe County Board ot'Cotinty Commissioners, No statenient
contained in this agreenient ,hall be COnStrUed so as to find the Contractor or any of his en,)ployces,
contractors. servants, or agents to be employees of"the NI o n r o e 0 LI I I t yf Board of
COUrIty Commissioners.
10. NONDISCRI MIN ATION
County and Contractor agree that there will be no discrimination against tiny person. and it
is CXPreSSlY Understood that LIJ.)on a determination by as court oi' competent jurisdiction that
discrimination has occurred, this Agreenient aUtOnlatically terminates "'ithOLIt any further ,action
on the part of any/ part),,, efTective 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. T11CSe include but are not limited to: I ) Title VI of the Civil Rights Act of'
1964 (PI, 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 168,5-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of' the Rehabilitation
)Net of 1973. as amended (20 USC s. 794) which prohibits discrimination on the basis of'
disability; 4) The Age Discrimitiatiori Act of 1975, As amended (42 USC ss. 6101- 6107) which
5
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
prohibits discriniination ori the basis of age; 5) 1 lie Drug AbUSC Office, and Treatment Act of
1972 (IT 92-255), its amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse all(] Alcoholism Prevention, "Freattrient and Rehabilitation Act of'
1970 (PI, 91-616). as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoliolisuri; 7) The PL11-,)liC llealth Service Act of' 1912, ss. 523 and 527 (42 USC ss. 690dd-3 arld
290ee-3), as aniended, relating to confidentiality of alcohol and drug abuse, patient records; 8)
Title Vill 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 Anicricans with Disabilities
Act of' 1990 (42 USC s, 1201 Note), as maybe amended front time to time, relating to
Ilondiscrill-lination (:)It the hasis of disability; 10) M0111-0C County Code Ch, 13, Art, V1,
prohibiting discrimination on the bases of race, color. sex, religion., disabilily,. national origin,
ancestry. sexual orientation, gender identity or expression, familial stattis or age; and I I ) A it y
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or (lie subject matter of, this Agreement.
I I. ASSIGNMEN PSI I 11C'0NTRA(j-'
The Contractor shall I)Ot assign Or subcontract its obligations wider this agreement, except
III writing and with the prior written approval of the N4 o it r o e C' o, a it ty Board Of COLInty
Commissioners, which approval sliall be subject to such conditions and provisions as the Board may
deern Fhis paragraph shall be incorporated by reference into atrty assignment or
SUI)COiltract and aany assignee or subcontractor shall comply with all of' the provisions of this
agreement. (Inless expressly provided for therein, SLICII approval shall In no manner car event be
deemed to inipose any additiortal obfigalfi011 LIpOn the board,
12, COMPLIANCU" WITI I LAW
In providing all services/goods pUt-SUant to tills, agreement. the Contractor shall abide by all,
statutes, Ordinances. RLICS and regulations pertaining to, or regulating the provisions of',
such
services, itICILI(ling tll(,)SC ROW in effect ailed hereinafter adopted, Anyviolation of' said statutes,
ordinances, rules an(] regulations shall COnStitUte, a material breach of this agreement and shall
entitle the, Board to terminate this contract irronediately upon delivery of' Nvi-Itteri notice of
termination to the contractor, The contractor shall possess proper licenses to perfortu kvork in
accordance with these specifications throughout the term of this contract, ('011traCtOr Shall Use the
Department of' Homeland ScCull'ity's F-Verify system to Verify the erriploynient eligibility of all new
employees hired during the contract terni I)LIrsuant to this agreement.
13� -SUPPORTTO IIJ-11' DE'AF OR I 1ARD-01 I I F'AR I N G
a. The contractor shall comply with section 50 of the Rehabi I i tati oil Act of` 1973, 29 t J.S,C,
794, as implemented by 45 C+'R, Part 84 (hereinafter referred to as Section 504) and the American
with Disabilities Act of 1990, 42 U.Sk'. 12131, as implemented by 28 C.F',R. part 35 (hereinafter
referred to as ADA).
1). 'File contractor shall if it employs 15 or more employees, designate a Single-Point-of-
Coritact (one per firm) to ensure effective communication with deal" or hard-of hearing clients or
companions and/or caregivers, in accordance with Section 504 and the ADA. The name and contact
inf'ormation 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,
6
Iq
Tranquility Bay Adult D�ay Care Corp (Mlarathon)
Agreement TB AR 23,-24
c. The shall ensure that employees are aware ol'the requirenicrits,
roles & responsibilities. and contact points associated compliance with Section 504 and the ADX
Further, employees of'the contractor shall attest in writing that they are familiar with tile requirement ol'
Section 504 all([ the ADA. This attestation shall be mairitai tied in the etriployce's personnel Elie.
d. The contractor's Sitigle-I)oiiit-(if'-Cc)titact will erasure that COTISpICUOUs Notices, which
provide information about tile availability of"appropriate aLiXiliary aids and services at llcl- cost to the
deaf'or hard-of1hearing clients or conipartions and/or caregivers are posted near w-here people enter or
are admitted within tile agent IOCati011S. SLICh Notices ITILISt be posted immediately. 'File approved
Notice c(IM be downloaded through tile Internet at:
fittl)://ivsi,w.ticf.state.il.,tis/adi,itiii/ig/eiN,ilrights.shtm1.
Hie contractor shall LIOCUrrietfl the customer's (-.)i, companion"s and/or caregiver's preferred method
ol' communication and all)/ rCkjllCStCd aLIXiliary aids/services provided it tile clieliCs record,
Documentation. "6tll supporting,justification, IIALISt also be niade it'arly reqLICSt Was FIOI honored. The
contractor shill submit Compliance Reports 111olithly, not later than tile I` day of each month, to) the
M0111-0e COUIlty Social Scr6ces Compliance Manager. it'applicable,
14, DISCIOSI JRL AND CONVIA,"I'OF KFEREIST
------------------
The --- ---------
Contractor represents that it, its directors, principles. and eniployecs, presently have
no interest all(] shall acquire no interest, either direct or indirect, which would conflict in any
Illaill](11, \\'ith the porlorniarice of" services N(JUIred by this contract. as provide([ ill Sect. 112.3 11,
CL,, seep., Florida SUMLACS. COUnt), agrees (]-tat officers and employees of, tile County recognize and
will be required to corliply with the standards of conduct IM pUblic officer's and employees as
delineated in Section 112.3 13. Ilorida Statutes, regarding. but not limited to, solicitation or
accel')taricc ot'gif'ts; doing btlSiFICSS With OIIC'S AgCFlCV: Uriatithorized compensation-, IlliSLIse of
public position, conflicting employment, or contractual relationship; and diSCIOSUIT Or Use Of'
certain inibi'mation,
Upon execration Of' this C011tract, all(] thereafter as changes may require, the Contractor
shall 110tif'y tile OLUIty 01'aatiy financial interest it array have ill any and all progranis ill Monroe
County which the Colitt"actor sponsors. endorses, recommends, SLIJICI-ViSCS, or requires 1`61' COLHISelill_V.
assistance, evaluation, or treatment, ']'his provision shall apply, whether or not such program is
required by statute,, as a condition of probation, or is, provided oil a voluntary basis.
The County and (...'ontractor warrant that, ill respect to itself, it has neither employed nor
retained any company Or person, other than a botia fide employee working solely for it, to
solicit or secure this Agreentent and that it has not paid or agreed to pay any person,
compaily, corporation, individMil, or firm, other than as bona fide employee working solely rot' it,
any, flee, commission, percentage, gift, or other consideration contingent Up011 or resulting froill the
award or tilaking of' this Agreement. F'or the breach or violation of the provision, the Contractor
agrees that the (01,111ty shall have the right to terminate this Agreenient without liability and, at
its discretion, to offset From morales owed, or otherwise recover, the full amount of such fee,
coniniission, percentage, gift, or consideration.
7
LO
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
15. NO PLEDOE OF (IREDIT
The Contractor shall not pledge the County's credit or make it I guarantor of payincrit or
surety for any contract, debt, obligation, judgment, lien, or an), form of indebtedness, The
Contractor further warrants and represents that it has no obligation or indebtedness that would
impair its, ability to Culf"ill the terms of this contract,
16. NOTICE' REQLj1ZE. _N.j_["NJ'
Any notice required or pernlitted under this agreement shall be in writing and hall(] delivered
or mailed. postage prepaid. to the other party by certified inail, returned receipt rcqUeStCd, to the
filllomillg:
J."01JR111(COUNTY:
Monroc County and County Attorney
Sheryl Graliarn, Sr. Director I I 11 12"' Street SUitc, 408
1100 Sinionton Street 2-257 Key West, IL. 33040
Key Nest, FL 33040 305292-3470
305-2924510
FOR(_'ONTR ACY0 R
TrarrClUility' Bay Adult Day Care COIT
Lucy, CrU., Presidcrit
11524 Overseas I lighway', Unit #3
KeyLargo, 1:1,33050
305-440-2398
17. TA X I;la
'fhe
ourity, is cxernpt front paynient of Florida State `wales and Use taxes. The Contractor
shall not be cxerripted by virtue of' the Cotinty's exemption froin paying sales tax to its
suppliers For materials used it) ftlifill. its ObligatiOl-IS Linder this contract, nor is the C"ontractor
Tax kxeniption Number in securing such materials. The
allthOri/Cd tea Use tile COUnty'S
Contractor shall be responsible for any and all taxes, or payments of vvithholding, related to
services rendered Under this agreenient.
18, T I"R,M I N ATI 0 N
The COLInty may terminate this contract for caLIS,C With seven (7) days' notice to the
contractor. Cause shall constitute as breach of the obligations of the Contractor to perforni the
sea vices ellUrnerated as the C'ontractors obligations tinder this contract.
L'ither of' the pat-ties hereto may terminate this contract WithOLIt cause by giving the other
party sixty (60)days written notice of its intention to dca so.
19. ('"JOVERNING LA�K, JE. INTERPRETATION, COSTS. AND FTFS
..........
A, ]'his Agreement shall be governed by and COnStRied in accordance with the laws of
the State ofFlorida applicable to contracts made and to be performed entirely III the Staatc.
8
to
Tra:niquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
B. Ill tile 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 ill
the appropriate court or befi:)re 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 iSSUC shall be submitted to
mediation prior to the institution of any other ach-ninistrative oi- legal proceeding.
D, Severability. If any term, covenant, condition, or provision of this Agreement
(or the application thereof to any circurnstance or person) shall be declared invalid Or
uncriforceable to arry, extent by as court 01' COMpetClIt jurisdiction, the remaining ternis, covenants.
conclitions and provisions of'this Agreement shall not be affected thereby; and cads remaining terill,
covenant, condition and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by laXV unless, the enforcement Of tile rellialinflig terms, covenants, conditions and
provisions of' this Agreernerit wu old prevent tile accorriplishnient of" the original intent of this
Agreement. The Courity, and Contractor agree to reform the Agreement to replace any Stricken
provision Nviill as Valid proviSioll that corner as close as possible to tile intent of the strickerr
provision.
1;, A(torneys Fecs and ("casts. The Courity and Contractor agree that in the event any
CaUSC Ofadi011 01' adn'lioiStrative proceeding is initiated Or defended by any party relativc
to file enforcement Or lilterprclation of this Agreement, the prevailing party shall be entitled
to reasonable ',ltt0rnCy'S f`cCS, Court costs, in vest i gati vc, and out-of-pocket expenses, as all award
against the lion-prevailing party. and shall include attorney's I'CCS, COLArts costs, investigative, alit]
Out-of-pocket expenses in, appellate proceedings, Mediation proccedings initiated and conducted
purstrant to this Agreement shall be in accordance with the Florida RUICS of Civil Procedure
and usual and customary procedures required by the circuit court 00001VOC COUrlty
f: Adjudication of Disputes 01' Disagreements. County and Contractor agree that all
disputes and disagrcerilents shall be attempted to be resolved by meet and confer sessions
between represen tat I ves of each of, the parties. It' no resolution can be agreed upon within 30
days after the first rnect and confer session, the issue or issues shall be discussed at a public meeting
of the Board of County C"onirnissioners. if the issue or iSSUeS are still not resolved to the satisfiactioll
of' the parties, their 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 procceding is instituted
agaainst either party relating to, the forniation, execration, pffforniance, or breach of this Agreement,
"aunty and Contractor agree to participate, to the extent required by the other party,, in all
proceedings, hearings, processes, meetings, and other activities related to tile 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.
9
ti
Tranquility Bay Adult Day Care Corp (M'arathorn)
Agreement #TBMAR 23-24
11. Force MaJeure, DLIC performance of any duty Or obligation hereunder by either party
shall be CXCUSC(l if prevented by acts ol"God, information providers or other service providers, public
enemy, "rajr, terrorism. any accident, explosion, fire, stoma, earthquake, flood. strike, computer outage
or virus. teICCOMMU]"lications failure, or-any Other circumstance beyond that party's reasonable control,
N. BINDING EFFE'C'F
The terms, covenants, conditions, and provisions of' this Agreement shall bind and inure to
the benefit Of' tile ("OU11ty and Contractor and their respcctive legal I,epresentatives, successors.
and assigns.
2 1- A I JTI I OR ITY
1-:ach party represents and warrants to the other that the execution, delivery, and pci-lormance
of' this Agreement have, been duly authorized by all necessary COLInty arid corporate action,
as required by law.
22. CLAIMS FOR F1,I)ERAL OR S FATI" All)
Contractor and County agree that each shall be, and is. enipovvcn-ed to apply for, seek. and obtain
federal and state funds to further the purpose of' this agreement;. provided that all applications,
rcciricsts, grant proposials, and funding, solicitations shall be appr(,wed by each party prior to
submission.
I
23 PRIVILE,GES, AND IMMUNITIES
All of' the privileges and ininiunitiCs from liabdity. excniplions frorn laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which apply to tile
activity of officers, agents, or employees of any public agents or C11,11)JOYces of the County, when
Performing their- respective functions under this Agreeinent within (lie territorial limits of (lie
County shall apply to the saine degree and extent to the perf on na rice of' such functions and duties
Of such officers, agents, volunteers. or employees outside the territorial hillits ofthe County.
2 Gt. I-J.1 "GAL 0131AGATIONS AND RF"SPONSIBILITIES I
Non-Delegation of 'onstitutional or, Statutory Duties: This Agreement is not intended to,
nor shall it be construed as, relieving a1131 participating entity from any obligation or
responsibility imposed upon the entity by lam, except taw the extent Of aCtUal and timely
performance thereof by any participating entity, in which case the perforn-rance Illay, be offered
in satisfaction of, the obligation or responsibility, f`urther, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of (lie COIIStitUtionaI or Statutory duties of
the County, CXCCI)t to the CXtent I)errilitted by the Florida constitution, state statute, and case law
10
00
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
2', NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled tta rely upon the terms, or any of therm, of this Agreement to
enforce or attenipt to enforce any thirdmparty claim or entitlenient to' or benefit of any service or
Program contemplated her-CUIlder, and the COLInty and the Contractor agree that neither tire
County nor the Contractor or any agent, officer, 01- employee ofeither shall have the authority to
in101111, COLInSel, 0,1- othel-NVise indicate that any partiCtIlar individual or group of individuals,
entity or, entities, have entitlements Or bef)Ct111S Under this Agreement separate and apart, inferior to,
or superior to tI1C C01111MUnity in general or for (tie Purposes contemplated in this Agreement,
26 ATTESTATJONS
Contractor' agrees to execute such doctinloits as the County may reasonably require. inClUding a
Public Lntity Crime Staternent, Minority Owned BLISiIICSS DMaration, Elthics Statement, and a Drug_
Free \Vorkplace Statement.
27. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deenied to be a covenant or agreernellt Of
any mernber, officer, agent. or employee of Monroe (1 OLHTIV in his or her individual capacity, and no
nicillber, officer, agcIlt, or employee of Monroe ('01.111t), shall tie liable personally on this Agreement
or be subject to any personal liability MaCCOUntability b�y reason ofthe execution of this Agreement,
28. 1,)ATA INTE(JRITY A Q SAUL"GUARDING INFORMATION
N
The Contractor Shall eJISLII-C arl appr()priate level of data SCCUrn)' fi)r the inti.,mriation tile
contractor is collecting or ttsilig in the perfortnaIrce or this contract. Ali; appropriate level of security
includes approving and tracking all Contractor employees that request system of'infiorrilation access
and enStiring (Ilcit User access lias been removed fi-oni all terminated employees. '"I'lle (..'oIjtj-act(:)r,
among other requirements, must anticipate and prepare for the loss oj'ijjf'()rIl-1ati()n processing
capabilities. All data and software niust be routinely backed LIP to insure recovery frorn loss or outages.
Arid to rnaintaLin written pr()ceduiles fior computer systern backup and recovery.
29, Exl CUTION IN ('01 JNTER PARTS
This Agreement filay be executed in any IlUmber of Counterparts, each of '',which shall be
regarded as an original, all of which taken togethcr shall constitute (,)Ile and the sairIC InStrUnient
and anY of the Parties liereto may execute this Agreement by signing any such CO U rite rpart.
30. SECTION I[EAD.J.-N-GS
Section headings have been inserted in this Agreement as a rnatter, of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement arld
will not be used in tile, interpretation of"any Provision of this Agreement,
31, PROVISIONS-1�' F()LfIRFQ ICY FljDI,,IZALjAw. 2 (_,yR aIt
A. Equal Employment Opportunity,� , No Discrimination Provisions: CONTRAC."I'OR and
COUNTY agree that there Nvill be no discrimination against any person, and it is expressly understood
thin, Upoin a determination by a Court of'conipetent jurisdiction that discrimination has occurred, this
Agreement automatically terminates With0LI1 any further action on the part of any party. effective the
date of the C01.111 order. CONTRACTOR or COLINTY agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include bLit are
11
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR, 23-24
not limited' to: I)Title Vf I ofthe Civil Rights Act of 1964 (11L, 88-352) which prohibits discrimination
oil the basis of race, color or national origin: 2) Title IX Of the Education Arnendinent of 1972, as
amended (20 US(1 ss. 168 1-1683, and, 1685-1(a86), which prohibits discrimination oil the basis ofsex,
3) Section 504 of' the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination oil tile basis of handicaps: 4) The Age Discrimination Act of' 1975, as amended (42
USC ss. 6101-6107) which prohibits discriinination on the basis ofage; 5) The Drug AbLISe Office
and "Freatinent Act of 1972 (111, 92-255), as arnended, relating tca llondiscrinl inal ion on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and
Rehabilitation Act of 1970 (PI, 91-616), as arriended, relating to nondiscrimination oil the basis of
alcohol abuse or alcoholism; 7) The Public I lealth Service Act of 1912. ss. 523 and 527 (42 USC ss,
690dd-3 and 290ee-3)�, as an'lended. relating, to confidentiality of alcohol kInd (II-Lig abuse patient
records-, 8) Title Vill of the Civil Rights Act off 968 (42 USC s. 3601 cl se(l,', as aniended, re lating
to nondiscrimination in the sale, rental or financing of lioLlSing,; 9) 'File Americans with Disabilities
Act of 1,990 (42 USC s. 12101 Note), as rnay be amended frorn time to time, relatil-Ig to
nondiscrimination on the basis ot'disability; 10) Monroe COLInty ("'ode Chapter 14. Article 11, which
prohibits discrimination oil the basis Of race, color. sex., religion, national origin, ancestry, sexual
orientation. gender identity or expression, C(ainflial status Or age., I I ) Airy Other nondiscrimination
provisions in arly Federal or state StatUteS which nlay apj)ly to the Parties to, Or the SUbJect matter of',
this Agreement.
During tile performance of' this Agrectrient, the CON YRACYOR, in accordance Nvith F'(]Ual
Fployinern Opilortunity (30 Fed. Reg, 123 19, 12935, -3 llart, 1964-1965 Comp., 1), 339), as
amended by FxeCUtI\'C Order 11375, Amending Executive Order 11246 Relating to j,"cinal
Employment t.9pportaaaity. 'aid implementing regUlations at 41C.F,R, Part 60 (Office of Federal
Ontract Compliance Programs. FqUal I-Il-riployrilent Opportunity, Department off,abor). See 2 CJ` .
Part 200, Appendix H. j( C. agrees as follows:
I) The contractor will not discriminate against any ernploycc or applicant, for eillph)yI'llent
because of`mace, color, religion. Sex, sexual orientation, gendcr identity, or national origin,
"fire contractor will takeaffirri-rative action to ClISLIN that applicants are employed, and that
en:lployces are treated (ILU'ing ernploynient, without regard to their race, color, religion, sex,
sexual orientation, gender identify, or national Origin. Such action shall include, but not be
limited to the 661lowing: Fillployrnent, Upgrading, dern otion. or transfer, reCrUitIllent, 01'
recruitinerit advertising; layoff car termination; rates of`pay or other forms of'corripensation,
and selection for training, including apprenticeship. "I'lie contractor agrees tea post in
conspicuous places, available to employees and applicants for einployinent, notices to be,
provided by the contracting officer setting lbrtli the Provisions of this nondiscrimination
Clause.
2) The contractor will. in all solicitations or advertisements fear- employees placed
by or oil behalf ofthe 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.
12
C)
LO
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement TES '"AR 23-24
3) The contractor will not discharge or in any,other manner discriminate against any
employee or applicant fbr ernployrnent beCaLISC such eniployce or applicant has inquired about,
diSCLIssed, or disclosed the compensation ofthe employee or applicant or another employee or
applicant, This provision shall not apply to instances in vvi-tich air employee who has access to
the compensation information of other employees or applicants as a part Of' SLICh employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such inflorniation, unless such disclosure is, in
response to Fornial complaint or charge, in furtherance of an investigation, proceeding, hearing,
or action, Including an investigation conducted by the employer, or is consistent With tile
contractor's legal duty to Curnish information.
4) The contractor Will send to each labor union or representative of\vorkers with
which it has as collective bargaining agreement or other contract 01" Understanding, as notice to be
provided by the agency contracting off'rcer, advising the labor union or workers' representative
oftlic contractor's coninutnients under section 202 of'F'xecutive Order 11246 cal"September 24,
1965. and shall post copies Of the notice III COnSpICUOUS places available to einployces and
applicants for employment.
5) The contractor
Wi:ll COMPI)" With aII PI'0ViSi0FIS Of' F'XCCLItiVe Order 11246 of
September 24, 1965, and ofthe rtrIeS. regulations, and relevant orders ofthe Secroall, off.abor,
6) The Contractor wfl] Furnish all infivination and reports required by Executive
Order 11246 ol'Septernber 24, 11965. and by the ruics. regulations, and orders ofthe Secretary of
Labor, or. pi.IrSUant thereto. Mid Will permit access to his books, records, and accounts by the
contracting agency and the Secretary Of Labor for purposes of investigation to t1scertijill
compliance with such rules, regulations, and orders.
7) 111 the event of the contractor's rion-compliance With 111C nondiscrimination
ChILIses of this contract or with any of such rUICS, NgUlations, or orders, this contract
rnay be
cancele(L terminated or suspended in whole or in part and the contractor nia), be declared
ineligible I-or further Government contracts in accordance with procedures authorized in
E'xecutive Order 11246 of'September 24, 1965, and such other sanctions inay he imposed and
remedies invoked as providcd in Executive Order H 246 of September 24, 1965, or by Rile,
regulation, or order ofthe Secretary off,abor, or as otherwise provided by law.
8) The Contractor Will inClUde the portion of the sentence inirnediately preceding
paragraph (I) and the provisions ol'paragraphs (I) through (7) in every subcontract or purchase
order Unless exempted by rules, regulations, or orders ofthe Secretary of Labor iSSUC(l purSLIant
to section 204 of xecutivc Order 11246 ot'Septernber 24. 1965, so that such provisions Will be
binding UPOII 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 nicans of'
"'f'oreing such provisions, including sanctions for non-cornpliance; provided, however., that in
the event it contractor becomes involved in, or is threatened with, litigation vvith a subcontractor
or vendor as as result of such direction by the administering agency the contractor may request
the LJnited States to enter into SLICh litigation to protect the interests, of the United States,
13
T-
LO
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
B. Termination:
I) 'Termination for Convenience; The County tray terminate this Agreement for
convenience, at any tune, upon sixty(60)(lays written notice to Contractor, If the
County terminates this agreement with the Contractor, County shall pay Contractot
the sung due the Contractor' Under this agreement prior to termination, unless the
cost ofcornpletion to the COU11t),exceeds the funds remaining in the contract, '-file
n-iaxinlUrn anIOUnt (,tile to Contractor shall not exceed the spending cap in this
Agreement, in addition, the county reserves all rights available to recOUI) illonles
paid Under (his Agreernent, including the right to sue for breach of contract and
including OIC d,611lt to pursue a claiin for violation of tile County's Fake Claims
Ordinance, located at Section 2-721 et al. ofthe Monroe County Code. Fither party
may cancel this Agreement without CkulSe upon sixty (60) days' written notice of
its intention to do so to the other party. In the event ofterinination, the County
shall oNvc the Contractor for kill goods and services delivered prior to tile date of
termination,
2) j'crinination f0l'C'amuse and Remedies: In the event of breach ofany contract terill's,
tile County and Contractor cach retains the right to terminate this Agi-cement. The
County 111a)' also terminate this agi-cenient, for cause with Contractor should
Contractor l-ail to perform the covenants herein contained at the time and in the
manner herein provided, In the event Ol'SLJCh termination, prior to (ertnination, tile
County shall provide Contractor \,vith live (5) calendar clays' notice and provide
(fie Contractor \vi(h run opportunity to cure tile breach that has occurred or, iffive
(5) calendar days' is an insufficient period, oftinIC to CLU'e such breach, to provide
(10CUMC111',10011 reasonably satktaCtOl'y to tile OUnty that Contractor is diligently
pursuing a CUIV for such breach, If the breach is not cured, the Agreement wi I I be
terminated for cause, If tile COURtY terillinates this agreeinent mrith (Ile Contractor,
Coulltv Shall pay ("Ontractor the SUM CILIC to the ('Ontt',1001' under this a recilient
prior to termination, unless the cost ofcompletion to the County exceeds tile,funds
remaining in tile contract. The roaximuni amount due to Contractor shall not in any
event exceed tile spending cap: in this Agreement, In addition,tile County reserves
all rightsavadable to recoup monies paid under this Agreement, including tile right
to Sue for breach of contract and including tile right to pUrSUC, a Chliul fbl'
Violation of tile County's False Clainis Ordinance, located at Section 2-721 et al,
Of the Monroe County Code. In tile event that tile Contractor sliall be, found to be
negligent in any aspect ofservice, the County shall have the right to terminate this
agreement after live (5) day's written notification to the Contractor,
OTHER FILD11"RAL ONTRAC'f Rt-:'OUIREMLXFS "I'lic Contractor and its
subcontractors nuist fiollow the proviSjons,as applicable, as set forth in Appendix
11 to I C.F.R. Part 200, as amended, including but not limited to:
Davis-Bacon Act, as amended (40 US.C. §§3141-3148). When required by
Federal prograrn legislation, \w,hich HICILides emergency Management
Preparedness Grant Program, Florneland Security Grant Program, Nonprofit
14
CN
LO
Tranquillity Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR, 23-24
Security (1rant Prograrn, Fribal Homeland Security Grant Program, Port Security
Grant Prograrn and Transit Security Grant Prograni, all prime construction
contracts in excess of'$2,000 awarded by rion-Federal elltitiCS ITILISt C0111ply With
the Davis-Bacon Act (40 if,&('. §§3141-3144, and §§3146-3148) as,
supplemented by Department of Labor regulations (29 (TR Part 5. "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Constrt.16011"), III accordance with the stattite, contractors IDUst be
required to pay wages to laborers and nicelianics at as rate not less than tile
prevailing wages specified in as Nvage determination made by (fie Secretary of
Labor, III addition, contractors must be required to pay wages riot less fliali once
a Nveek. If applicable, the COUNTY must 11laCC as current prevailing ,vage
determination issued by the Depat-ttrient of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon tile
acceptance of the wage determination, The COUNTY must report all suspected
or reported violations to tile Federal awarding agency. When required by Federal
program legislation, wilich includes cinergenc,), Management Preparedness Grant
Prograrn, Homeland Security Grant Prograrri, Nonprolit SCCLVity Grant Prograrri,
Tribal Ilonieland Security Grant Prograiri, POrt Security Grant Program and
Transit SCCLII-ity GrMll Program (it does 110t apply tow other 1:1'NA grant and
cooperative agreernent programs, including, the I'll Assistance Prograrn), the
contractors must also comply with tile Copeland"Anti-Kickliack- Act (40 U S.('
§ 3 145), as supplemented by Departille"t of Labor regulations (29 CUR Part
-(..'ontractors and SUIVOIltraCtOrS ol) PLiblic BLIjklifig or PUblie, 'York Financed it]
Whole or in ]'art by Loans or Grants, from the United States"), As required fly tile
Act. each contractor or subrecipient is prohibited from inducing. by any nicaris,
air.)( person employed in the coriStrUCtiOrl,ColllplCtioll, 01' Np lit OfPUblic work, to
give Up WIV part of the coniperlsation to which he or she is otherwise ctititle(l. "I'lle
(11C)UNTY must report all suspected or reported violations to the Federal
awardin,[g, agency,
Contractor. '['lie contractor shall comply Nvith 18 U,S,C, § 874, 40 U.S.(". § 3 145.
aandm the requirements of 29 ('.1'.R. pt. 3 as may be applicable. which are,
incorporated by reference into this contract.
Subcontracts, 'file, contractor or subcontractor shall insert in any subcontracts the
claLISC'above and such other clauses as the FLMA may by appropriate instrLICtiOrIS
require, and also as clause requiring (Ile subcontractors to include these, clauses in
any lower tier subcontracts., The prillie contractor shall be responsible for the
compliance by any Subcontractor or lower tier subcontractor with all of these
contract clauses.
G. 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.
is
M
LO
Tranquility Bay Adult Day Care Corp (Marathon,)
Agreement #TBMAR 23-24
11. Contract Work JjOljrs� and Saffe1y ards A t
_a _,( 113Q�I \kIiere
S.C, 3701- 7
applicable, which includes all IFF'MA grant and cooperative agreement programs, all
contracts, awarded by the COUNTY in excess of $100,000 that involve the
employment ofiliecharrics or laborers must Coulply with 40 U.S.(''.§§ 3702 and 3704,
as SUI)PIernented by Department of' L,abor regulafl(:)ns (29 (I"R Part 5). Under 40
U-S.C� §370I2 ofthe Act, each contractor niust compute the ivages ofevery mechanic
and laborer oil the basis ol'a standard \vork week of 40 hours. Work in excess ofthe
standard work week is permissible provided that the worker is corripensated at a rate
ofirot less than one and a halftirries the basic rate oFl)ay for all hours worked in excess
of"40 hours in the \vork week. 'file requirements of 40 LI.S,C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work
ill SilrroUlldingS 01' under working conditions which are unsanitary, liazardOUS, 0r
dall&!er()LIS. "FlIeSC 1'eClUircments do not apply to the [)UrCllaSCS OfSUPf)liCS or materials
or articles ordinarily available oil the open market, or contracts 6or trinsporNition or
transmission of intelligence.
i. OvertlIlle rec LurCillents. No contractor or•subcontractor contracting for any part
ofthe contract work which may W(JUire Or illV'oJVC the ernplo)ment (fflaborers
or mechanics shall require or pCHIlit tarry Such laborer or inecharric in ally
workweek in which lie or she is erilployed on such work to work in excess of
ftn'ty hours Url Such workweek LIIIICSS SUCII laborer or mechanic receives
compensation at a rate not less thorn one an(l one-halftirries the basic rate of pay
for all hours worked in excess off'orty hOlIrS ill SLICII workweek.
ii. Violation, liability" to Ly 'l I wa Lji 1t-rdated-Aclarm" . Ill the event ofary_
-
violation ofthe clause set fiorth ill paragraph 29 C.F.R. 5..5 -� (b)(I) tile coylirtrctor
S - ,
and ally subcontractor responsible therefor shall be liable FOr the LUAINIKI NvagCS,
Ill addition, such contractor and subcontractor slial I be liable to the United States
(ill the Case of\vork dolle under contract Liar the District OR".'OlUmbia oi-a
territory, to such District or tca such territory), for liquidated damages. Such
liquidated daniages shall be conlPlAted with respect to, each individual laborer or
mechanic. including watchnien, and guards. employed in violation ofthe clause
set forth in paragraph 29 C.FR, § 5,5 (b)(I), in the sum of$2 7 for each calendar
(Jay oil which such individual Nvas reqUirCC.1 or permitted to work ill excess ofthe
standard workweek oftbily hours without payrrient ofthe overtime wages
required by the clause set forth ill paragraph 29 CITR § 5.5 (b)(I
iii. With.holdigg.for unj)aid k i 11(i liq i The F'cdcral agency shall
yjg g� g� L dated d�
upon its own action or upon written request ofarl,authorized representative ofthe
I)epartment olTabor w'ii hhold Or Cause to be withheld from ally moneys payable
oil account of'work performed by the contractor or sijbc(:)ntractor under any SLICII
contract or any other Federal contract with the same prime contractor, or any
other feclerally-assisted contract subject to the Contract Work I lours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities OfSUch contractor or
subcontractor for Ullpaid wages and liquidated damages as provIded in the clause
set forth in paragraph 29 C'J'K § 5.5 (b)(2).
16
Iq
LO
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
iv. Subcontracts. The contractor or subcontractor shall insert in ally Subcontracts the
clauses Set forth in paragraph 29 C.F.R, § 5.5 (b)(I) through (4) and also a clause
requiring the Subcontractors to include these clauses in ally lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier Subcontractor with tile clauses set for-th in paragraphs
29 C.F,R, § 5.5 (I) thrOUgh (4),
v. flig lits-Ig..ft1yentions Made Under a Contract vernent, If the Federal award
---.... Made -�2"A ,i _.
meets the definition of -funding agreement" Under 37 (TR 401.2 (a): and the
recipient or subrecipient wishes to enter into,a contract with a small bLJSiFlCSS final
or nonprofit organi/ittion regarding the substitution of parties, assignillent or
pertbrinance of cxi-vi-iniental, developmental, or research Nvork tinder that
-fundirig agreernent," the recipient 01' SUbrecipient must comply with the
requirements of 37 (IR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Sniall BUSilICSS Firms Under Government (irank, Contracts
and Cooperative Agreements," aand any implementing regulations issuccl by the
awarding agency.
L Clean Ail- Act I I. .C,1 RtL J.qj qpL(I-the I cderal Water Pollution Conti I
�\�ct !-�.4.1 2.5..I-1 3 871,C.orlt ractor agrees to comply with all applicable standards, orders or
regulations jSSuCd f)LU-StIallt to the Clean Ail- Act (42 U.S,C, §§7401-7671q) and the Fccleral
Water P01111tiOn (;central Act as amended (33 U.S11% §§1251-1387) and will report violations to
l"I'MA and the Regional Office ofthe F"Ilvironniculu'l) Protection Agency (EPA), The Clean Ail-
Act t'42 US(% 7401-7671(j.) aincl the Federal Water P0111.16011 Control Act (33 U.S.( 1251-
1387). asarnended ,, applies to Contracts and subgratits ofamounts ill excess ol'S150,000,
J. 1.).e. barnient and jLs,,
, i"on 12549 alid .12689j , A contract
award (see 2 (A"R 1 80.22,0) IIILISt not be made to parties listed on the goverrinientwide eXCIUSiOnS
in the System for Award Nlanagernent(SAM), in accordance \viih the OM13 guidelines at 2 (I
FR
180 Illat implement Executive Orders 12549(3 (IT'R part 1986 Conip., 1). 189)and 12689 (3 (TR
part 1989 (,`omp., p. 235), -Debannent and Suspension.- SAM Exclusions contains the narnes
of parties debarred, suspended, or otherwise excluded by agencies. as \vell as parties declared
ineligible [111der StatUtOry Or regulatory authority other than Executive Order 12549.
K. j.Lyrd Ap.fi-.Lobb 1352) - C'ontractors that apply or
AL
bid For an award exceeding $100,000 must file the reqUired certification. I.,"ach 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 all officer or employee of any agency, as
member of Congress,officer or eniployce ofCongress,or all employee ofa member of'(7ongress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U,S,C,
1352, Each tier MUSt also disclose ally lobbying with non-Federal funds that to place in
connection with obtaining any, Federal award. Such disclosures are forwarded from tier-to-tier
til) to the non-Federal award.
17
LO
LO
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
1- 1C,,�lmliance with PI-OCUrement of recovered materials as set forth in 2 CFR S
200.322. Contractor inust coniply, with section 6002 of the Solid Waste disposal
Act, as amended, by the Resource Conservation and Recovery Act. The
reqUiNlYlentS 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 rnaterials practicable, consistent
with maintaining a satisfactory level of"conipetition. \vherc the purchase price of
the item exceeds $10,000 or the VaILIC of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management
setvices in as manner that maxiniizes energy and resource recovery- and
establishing all affitrinative procurement program Cor procurcilient of recovered
materials identified in the FIPA guidelines.
N1 Americans \v'th Disabilities Act of 1990 as en
............ arn The Contractor
de -LAJ LAJ
will coillply with all the requirements as imposed by the AD A. the regulations of
go \,rel-Intitin issued the Federal tied thercundcr, and the assurance by the
CONTRAC FOR 11111'SLIant thereto.
N. Disadyj!a!a LLj_jjjsicress E,
It is the policy of' the
County that D131"'s, as delined in 419 ('1'K Part 26, as amended, shall INIVC the 011PONLIllity
to participate in the perfi.)rmance ofcontracts financed in "(hole or in pall with C'OUllty fUndS
under this Agreement. The DBI:1 requircirmits of applicable flederal ,in(] state laws and
regulations apply to this AgreemcnL 'file County and its Contractor agree to ensure that
IN31'*s have the oppollUnity to participate in tile perl'ormance of this Agreement. Ill this
regard, all recipients and contractors shall take all necessary and rcasonable steps in
accordance with 2 C I TK § 2,00,32 1(,is set forth in detail below), applicable federal and state
laws and regulations tO C11SUre that the DBE"s have the opportunity to compete f6r and
pel-176rin Contracts, The County and the 0.)ntractor an(] subcontractors sliall not discriminate
on the basis of race, color, natioll,al origin or sex ill the award and performance ofcontracts,
entered ptli-SUant to this Agreement,
TING WITH SMALL AND MINORITY BUST NESSLI'S.
WOMF',N*S BUSINLSS FNFE,RPRi�'- I
Q LABOR SUR )1jJS AREA FIR.MS
....................
d. It' the Contractor, with the Funds aUthorized by this Agreement, seeks to
Subcontract goods or services, then., in accordance with 2 C F.R. §200,32 1, the Contractor shall
take the following affirmative steps to assure that minority businesses. kvonren's business
enterprises, and labor SUrIflUs area firms acre Used whenever possible,
2. Atlirmative Steps 111LISt illClUde:
a) Placing LlUalified sinall and minority businesses and ,Norneri's business
enterprises oil 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 fieasible, into stnaller tasks or
quantities to permit maxinnim participation by small and minority businesses, and women's
bUSiness enterprises;
18
to
LO
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBIVIAR 23-24
d) Fstablishing delivery schedules,where the requirement permits,which encourage
participation by sniall and minority businesses, and woniens bL,lSilICSS enterprises;
C) Using the services and assistance, as appropriate, of such organizations as the
Small Business Adrilinistration and the Minority Business Developirient Agency of" the
Department of Commerce,
1) Requiring the Prime contractor. if Subcontractor are to be let, to takc the
affirnialivc steps listed in paragraph (a) through (I) ol'this section,
0. E,-Ycrify Systern--.- Beginning January 1, 2021, in accordance with F.S. 448.095, tile,
Contractor and ally, subcontractor shall register with and shall utilize [lie U,S. Depart:nicnt
off lonieland SeC(Arity`S ENCI-il',V system to verify the work aUth0riZIti0ll status of all new
employees hired by the ('(:)ntractor during the term ofthe Contract and shall expressly
I-C(lUil`C ally subcontractors performing work or providing services pursuant to tile Contract
to likewise utilize the U.S. Deparfirient of Homeland Smlrity"S FI-Verify system to verify
the work authorization status ofall new employees hired by the subcontractor during tile
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor
does not ernph)y, Contract With, OF SUI)COFI(ract \vith lira unauthorized alien. The Contractor
shall comply Nvith and be subject to the provisions of'F.S, 448.095
1), -Chl.anga The Contractor understands and agrees that any cost
resulting from a change or modification, change order, or constructive change ofthe
,ag,reellIent MUSt be Within the SCOI)e ofany Federd grant or cooperative agreenient that may
fund this Pro'ject and be reasonable for the completion of dic Project. Any, contract change or
modification, change order or constructive change Must be approved in writing by both the
COUNTY and Contractor.
Q% Prohibition oil certain telcconinlunications and video surveillance services or
_pjjj��it as set forth 2992j,t), Recipients and subrecipients and their
contractors and sit bcont ractors, may riot obligate or expend any federal funds its (I ) Procure
or obtain,, (2) F"'xtend or renew ,a contract, to procure or obtain,- or (31") Enter into a contract (or
extend or renew as contract) to procure or obtain CtjLHPIlICnt, services, or systems that uses
covered telecommunications equipment or services as a Substantial or essential component (:)I'
any system, or as critical technology as part of any systern. As described in Public Law 115-
232, section 889, covered telecommunications equipment is tCleCOn1MUrliCadOrlS C(ILlifinlent
produced by Hluawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
(i) For the purpose of'public, safety. security ot'government, l"acilities, physical security
surveillance ol'critical infrastrUCtUrc, and other national Security PUrlIOSCS, video
Surveillance and WICCOMITILIniCations equipment produced by Hytera 01111111.11liCatiOlIS
Corporation. I larigzholl flikvision Digital Technology Company,or Dahua Technology
Company (or any subsidiary or affiliate of'such entities),.
(ii) TeleconlIll Lill i Cat i 011S Or Video surveillance services provided by SUCII entities or
LISing Such equipment.
(iii) TeleCOrnlllUlliCaIiOuS or video surveillance equipment or services produced or
provided by all entity that the Secretary ot'Defense, in consultation with the Director of
19
I-
LO
"i-ranquility Bay Adult Day Care Corp (Maraithon)
Agreement #TBMAR 23-24
the National Intelligence or the Director fthe Federal Bureau offlivcstigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the
government ofa covered foreign country.
R. Do stic plLeference for procurements as set forth in 2 CFR s2W1. 22� The.
OUNTY and ("ONTRACTOR should, to the great extent practicable, Provide a
preference IOl- file purchase, ac(Itlisition, or use ot'goods, products, or materials
produced in the United States (Incinding but not Inuited to iron, alUillinUrn. Steel,
cernent, and other manufactured products). These requireluents of dais section must be
included in all subawards inelLiding contracts and purchase orders Im work or products
Undcr federal award, For purposes of dais section:
a, "Produced in the United States" means. for iron and steel products, tfl,-It all
11UMILd'actUring processes, fronl file initial melting stage through the application of
coatings, occurred in the United States,
b. "M1,1111111ACtUrCd IM'OdUCts" nicans items and COIWRICtiOrl niaLcrials composed in
whole or in part ot'non-terrOUS rnetals such as a 111111111H.1111; plastics and poly ril er-based
products such as polyvinyl chloride pipe, aggregates such as concrete- glass, including
optical f1her; and lUrriber'.
S. Con1111jign-c.c.."ith Federal and l,"xecutive Orders. 'this
—.............
is an acknowledgenient that UTMA financial assistance ilia), be used to
fund aII or as portion ofthe contract. flie contractor will coi'liply will all
applicable federal law, regUlatiOnS, exeCUOVC orders. I-FMA policies,
procedures, and directives,
Net„mt rlu tiara la FedqLral �! LygMnjent. The I"ederal (iovernment is [lot a party
to this contract and is not subject to any obligations or liabilities to the COUN"I'Y/non- federal
entity. contractor, car any other party pertaining to ariy matter resulting froin tile contract.
Pq(.Y Fraud and False or Fraudulent Statements or Related Acts. 'file
contractor acknowledges that 31 U.S.C,, Chap 38 (Administrative Remedies for False
Clainis and Statements) applies to the contractor's actions pertaining to this contract,
32. MIT"141AL RL"VILW - This agrecilient has been carefully reviewed by the Contractor and the
COUllty. Therefore, this agreement is not to be construed against any party, oil the basis ofailthOrShip.
33. RIGHT TO AUDIT -- AVAILABILITY OY RECORDS, '[lie records of the parties to this
Agreement relating to (lie Prcaject, which shall include but not be limited to aCCOUnting records
(hard copy, as Well was COMPLIter readable data if it, call be made available; subewiti-act files
(including proposals of successful and Unsuccessful bidders. bid recaps, bidding instructions,
bidders list, etc); original estirnatcs; estimating work sheets.- correspondence; change order files
(including CIOCUllientation covering negotiated settlements); back charge logs and supporting
dOCUrnentation; general ledger entries detailing cash and trade discounts earned, insurance rebates
and dividends; any other supporting evidence deemed necessary by, County or the Monroe County
Office of the Clerk of Court and Comptroller (hereinafter referred to as "COUnty Clerk") to
20
00
LO
Tranquilky Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
s bst,to antiate charges mimed to this agreernenn anti all other agworicist soowws or&Rurrralion
and trianers that uray it, C(quity's or the ('0LIZ-fty (lerk's reasonable judgment have,Iny Icari ng 4) , )1 I
or pertain to any matters, rigin, duties, or Migations urider or covered by,any contract docurnent
(all foregoing hereinaftel referred to as"Records") shall be open: to '11SI)CCtion,and'StIbiCC1,to aaUdit
and/or reprodUCtion by Ounty's rep a gents errerrthe ('011111Y Clot, County or
WSM'"Ve arto"/01-
CbuWy Clerk amy also uniduct verificalinons such as, bin not linlited Q corribrig employees at
the, job site, witnessing the distribution of payroll, VCHIM9 PaYt-call COMpLuatiOlIS, OVerbegid
computations, observing vendor and SuPPhex puyineins, miscellaneous al0cmions, special
charges, verifying information and anrowas throe imerviews and written confirmatio),is Nvilit
employees, Subconlrado, supphem, and contractorl repirsentatives. All recor(Is shall be kept
Or tort (10) years after Final COmptlion or the INJecl. "Hie (lounly Clerk immsesses the
independent audwrOy U)conduct an audit of Records,asseN, and activities relittling u) this Pr6ect.
If any Witor cnlplqTd by the Bence me Cotruly gar (aunty Oerk determines that nionies pai(I to
(,'011110001"IMISLUMH to this Agreement were spwri kw Purpases nW MUM by Ods Agmemerit
or woe wnmigfully retained by (fie WwWq the WAractor shall relmy the monies together with
interest calculated puromn! 10 Section 55.03, M., running front the date the ""Onies were pAd to
("Ontractol-,Tllc tlghl to (fitefif I)rowisions survives the terrninatiort ofexpit-ation of this Agreement,
IN WI'I'Nl,-,',SS WHEREOF the hanks Irenlo have excooed this Agreement on the day and date
hist kvritten above and it is deerned an odghral co mel,
1buquHiq By, Aduh Day (Ore CQ I'VIonme (Xiurrly Roard
Lucy Cruz, President
By: .. By
k-A
MAYOR
Dato Dale:
x J-
Appi oved as to f6yin and legal stficienc.y
Mornoe Cmuiry Attorney's Office
C'fuioiia Assistwit Cowity Attmiev
21
M
,rr�rr-y, DATE(MM;DD1YYYY)
+4..�, "[....+rR" CERTIFICATE OF LIABILITY INSURANCE 10i02/2023
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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder is an ADDITIONAL(INSURED,the policy(lies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATIOIN IS WAIVED, subject to the terms and conditions of the policy, certain pollicies may regluire an endorsement. A statement on
this certificate does not confer rights to the certificate holder in liieu of such endorsement(s).
PRODUCER CT
NAME: Midlala Gomez Esquiroz
Selaanda Insurance Corp PHONE .,,1. (305)665-0016 _.-,_.. _-�ac Nel (888)979-8772
6401 Bird Road E»MAIL Gc�
ADDRESS: info sebandainsura nice.cDm
___ IN51fRERtS},,,AFFORDINQ"r COVERAfis�E NAIC dt
MIAMI FL 33155 Nautilus Insurance INSU'RERA: Nau Insurance Company � 17370 _
_._. ...._ _ ...- _ ........................_ ._....-- —
INSURED INSURER 13..: Progressive Express Insurance Company 10193
TRANQUILITY BAY ADULT DAY CARE OF MARATHON,CORI INSURER c:
11524 Overseas Highway INIsuRER'D
INSURER E
Marathon FL 33050 "'URERF
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 CONDITION'S OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
,.. SR ....... ..... ...... „, , .......
.... SUBR POLICY I POLICY E7tP
LTR .. ..TYPE OF INSURANCE INSO POLICY NUMBER MMIDDTYYYY MMIDDPYYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1.000.000
F�,- DAMAGE TO RENTED —
CLAIMS-MAOF OCCUR S 100 000
PS. MISESfL�-aaqurrerraq,e,) ...... ----- ----
MEO I(Any one person) 5 5.000
..........._,._. ., _.. ....... —— -----
A Y UAAGI-I 07/26/2023 07/26/2024 PERSONA I.&AUVaNi,JURY s 1.000.000
_ ......- -- — -- --
GEN`L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE. S 2.000.000
POLICY JE PRO
( LGc PRCI:rUcrs-COMP/OPAGt, s 2.000.000
OTHER
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5
Ea acccdenl 300 000,
ANY AUTO BODILY INJURY(Per
A AUTOOWNED ✓ ALT SIDLED 973922518 09/2912023 09/29/2024 BODILY INJURY IPer accident) S
AUTOS ONLY _--- A4J'GOS
R1VREb� NON-fJ'�v'�NEC7� PROPERTY DAMAGE S
AUTOS ONLY AUTOS ONLY F er accVdenS
PIP s 10.000
UMBRELLA LIAR OCCUR APPROVED BY RISK MANAGEMENT EACH OCCURRENCE S
.EXCESS LUAB CLAIMS MAC7L BY.;„�,w;.; T+ .,'.r.��t '�' "' --" .";.- AGGREGATE-..... ., — 5 ------- — —
.._.,_„DEDRET'E.NIT10N5�. . .. DATE 1015i2(,23--� .... S
OEG -
WORKERS COMPENSATION PER GTH-
AND EMPLOYERS"LIABILITY 'WAIVER MA—YES—. STATUTE '�.. ER.
_ YIN ................ ._._.,._._.,__...._._._..,,n ....-
ANY
OFFICE FM iM BE EXC�LUIDI=0? NIA E.L.DISEASE
S
1 .. i.. VV IE L.EACH A
(Mandatory D E-EA EMPLOYEE S
Irrt yes,describe under __......._..,, ........ ....... ...,
DESCRIPTION OF OPERATIONS booL—: E.L.DISEASE-POLICY LIMIT 1 S
Sexual Abuse or Molestaten Each occutrance $1,00.000
A JY UAAGI-I 07/26/2023 07126/2024 Annual Aggregate Lirr $300.00E
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES ACORD 101,Add..ihonal Remarks Sched'iure,may he attached it more apace Is required)
CERTIFICATE HOLDER IS AN ADDITIIONAL INSURED WITH REGARDS TO GENERAL LIABILITY AND VEHICULAR LIABILITY IF RREQUIERED BY
WRITTEN CONTRACT.
VIN JN8AE2KP4G9151106
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBIED POLICIES BE CANCELLED,BEFORE
THE EXPIRATION DATE THERIEC)F, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
1100 SI'MONTON STREET AUTHORIZED REPRESENTATIVE
KEY WEST FL 33040
11988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD,name and logo are registered marks of ACORD
C)
cfl
TRANQUILITY BAY ADULT DAY CARE CORP(MARATHON)
11524 OVERSEAS HIGHWAY, UNIT 3
MARATHON,FL 33050
PH; 305-440-2398
September 1, 2023
`Ib; Monroe COU111ty Social Services,
My name is jAU Cruz and I am the owner of 1jangyj ly Adt��j�t Day Care Cori)LMarathgnj, I have
researched and reviewed the laws of Chapter 440, Florida Statutes and am fully aware of the
requirements for employers to carry Workers Compensation Insurance. By signing below, I attest,under
penalty of perjury,that as of 91/1,/2023,jonqWhjy8a Adult Ha Care of IVlaratlwarn is exempt from the
Workers Compensation Insurance requirement. I will contact Monroe Count with my Workers
Compensation insurance policy information should I become non-exempt in the coming year.
Please, feel free to contact me should you have any questions or concerns,
Sincerely,
Lucy Cruz, President
State of—Florida --,County of Monroe
l' ^.ICAW-10 VOJC(�do hereb6confirm that on this 2-f3 day of
lAernber 'zo-23, appeared
before me in person known,to be the person(s)who execrated the
preceding document,
Florida
Smote
of 'or]
Nolary Public State of Florida
N Ilicardo, Val:eton
—iyPublicinandfortheStateof Florida
44V C' Vsion HH 3388,28
Ell, Expires
112 7 120 27
My commission expires Expi res V2712027
(Seal)
cfl
CV)
20 18 Fdifioli
MONROE COUNTV, FLORIDA
REQUEST' FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as,specified in the County's Schedule of Insurance
Requireinents, be waived or modified on the following contract.
Contractor/Vendor: AcnjJA Dal§ e
Project or Scivice-
ContraciorNendor
Address& Phone 11524 0 er eg.s on 05-440 39-28—Rjghy�Ay�A!Ma�aLh_jl-33050 3 General Scope of Wotk Provision of Facility,Based Respite
Reason for Waiver or
Modification:
Worker's Compensation needs to be waived as there are fewer than 3 employees.
Polr6cs Waiver or
Morhficanon will apply to: e.pj.et ts.in all a_—greements between T6 and BOCC with utgaW
Irnct rents,ffc Clara -b�Lmtessj.i_nsur ncq ji emenu,
signautre of Conj1daCtor/Velidor;
Date: Approved Not Approved
Ri,sk Management Signanne;
Date: -1 1212
Counry Administrator appeal:
Approve& Not Approved:
Curet
Board Of County Commissioners appeal:
Approve& Not Approved:
Meeting Date:
Adminkirarive histaiction 7500.7
104
wwer�
Kevin Madvk, CPA
. Clerk of the Circuit Court$ Comptroller—Monroe County,........
� � P Flodda
DATE: April G, 2021
TO: Sheryl (;raliam, Director
Social Scr%ices
ATTN: 1-,ourdes Francis
FROM: Parncla G. liana ..C.
SUBJECT: Marcli 17' BO CC Meeting
At.tac'lied is an electronic copy of lfie fOH0141ing item:
Cf• 1s( Renewal of Agreenient #19-20 between"1'ranquility. 13ay Adult Day Care of
Marathon, Corporation d/1)Ia 1.as Mias Adult Day Care and Monroc County to provide Facility-
Rased Rcspite Services to elderly and disabled citizens residing tlrroughout Monroe County, in an
amount not to exceed $40,000.00, fir the period of'Novernber 1, 2020 dirougli Deceniber 3l,
2021.
Sliould you lia-ve any questions please feel free to contact me at (30.5) 292-3.550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida W50 Plantation Key,Florida 33070 Plantation Key,Florida 11n70
305-294-4641 305-289-6027 305-852-7145 305-852-7145 1362
RENEWAL TO AGREEMENT#19/20
TB ADULT DAY CARE OF MARATHON,CORP.
dlbla: Las Mias Adult Day Care
THIS RENEWAL to AGREEMENT#19120 ("Renewal") is entered into this 171'day of
March, 2021, by and between the Board of County Conunissioners of Monroe County, Florida,
a political subdivision of the State of Florida hereinafter called the County, and Tranquility Bay
Adult Day Care of Marathon, CORP. dlbla Las Mias Adult Day Care (hereinafter called
"Contractor")
WITNESSETH
WHEREAS, the parties entered into an agreement dated January 22, 2020 (Original
Agreement), to contract for facility-based respite services;and
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 desires to renew the 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; and
WHEREAS, the parties find that it would be mutually beneficial to enter into this 1st
renewal agreement; and
NOW,THEREFORE, in consideration of the mutual covenants and obligations contained
in this Renewal and in the Original Agreement,the parties agree as follows:
Section 1. In accordance with Paragraph 4 of the Original Agreement,the County
exercises the option to renew the Original Agreement for an additional renewal
period. This term will commence on November 1,2020,and end on December 31, 2021.
1363
a
Section 2. Except as set forth in section l of this Renewal,in all other respects,the terms and
conditions set forth in the Original Agreement dated January 22"d,2020, remain in full force and
effect.
f IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and
i r
al7(1Ye Written.
BOARD OF COUNTY COMMISSIONERS
. .� V IN MADOK, CLERK OF MONROE COUNTY FLORIDA
By. Al*
As Deputy Clerk Mayor Michelle Coldiron
NROE TB ADULT DAY CARE OF M THON,CORP.
4OVE COUNTY AmM dlbla LV Day Care
ASS1 PE000
NTY AT 0RNEY By.
❑ate 4J1121 President or D g
1Y t .
I
1364
A�RE® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODNYYY'
03/02/2021
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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the 0"ficate holder is an ADDITIONAL INSURED,the policy(kes)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 endorsemen s.
PRODUCER HAKE: Oskarely3 Orly
Sebanda Insurance CorpPHONE
[305)665-0018 ��No: [888]978 8772
6401 SW 40TH ST ♦NAIL
APDRE SS: OOrta @Sebanda Ir13UrdnCe.COIn
INSURE S AFFORDING COVERAGE NAIC 0
MIAMI FL 33155-4825 INSURER A: AMTRUST OF NORTH AMERICA 25011
INSURED
NHSURER 8
TRANQUILITY BAY ADULT DAY CARE OF MARATHON,CORF leisURER C:
10875 Overseas Highway INSURER D
_INSURER E:_
Marathon FL 33050 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-
ILTRR NSR AODL SUER POLICY EFF POLICY EXP
TYPE'OF INSURANCE POLICY NUMBER IMMMDNYYYI
LIMITS
XM IA-COMERCL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000
CLAIMS-ANODE OCCUR PREMISE T E ocetmrence $ 100,000
MED EXP(Any one perspn] $ 5,000
A _ Y WPP1849567 0410712020 04/07/2021 PERSONAL&ADVINJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER; GENERALAGGREGATE $ 3,000,OOQ_'
POLICY`r ERCTT j LOC --
- PRODUCTS-C'OKPIOPAGG $ 3,0(0,00
OTHER:
AUTOMOBILE LL4eILITY COMBINED SINGLE LIMIT
ANY AUTO [Ea accident). .- J$ 300,DD0 — -BODILYINJORYIPerPerson) $
A OWNED SCHEDULED -
AUTOS ONLY AUTOS Y WPP1849567 ,04/07/2020 04/0712021 SODILY INJURY(Per accideM) $
HIRED NON-OWNED PROPERTY DAMAGE AUTOS 0. �- AUTOS ONLY $Per tl
4 UMBRELLA LIAO OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE Approved $
DED RETENTION ApprovedRisk Managem nt
s
WORKERS COMPENSATION PER OTH-
_
ANDEMP LOVERS'LIABILITY SEAT E ER _
ANY PRO PRIETDRIPARTNERIEXECVTIVE YIN E.L.EACH ACCIDENT $OFFICERIMEMSER EXCLUDED? ❑ N I A
(Mandatory In HN) 3-1 7-2021 E.L.DISEASE-EA EMPLOYEE$_N yes describe under
DESCRIPTION OF'OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Professional Liability Each Occurrence $1,Q00,000
A Sexual or Physical Abuse WPP1849567 0410712020 04/07/2021 Annual Aggregate Lin $3,000,000
DESCRIPTION OF OPERATION$1 LOCATIONS I VEHICLES (ACORD 101,Addition el Remarks Schedule,may be attached N more apace is required)
Sexual Abuse&Molestation Included
Vehicle 2007 Chevrolet 1GBE4V1917F423668
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
01888-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/03) The ACORD name and logo are registered marks of ACORD
1365