Agreement #TBMAR 23-24 10/18/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: October 27, 2023
TO: Sheryl Graham, Director
Social Services
ATTN: Lourdes Francis, Administrator
Social Services
Kim Wilkes Wean, Sr. Administrator
Social Services
FROM: Liz Yongue, Deputy Clerk
SUBJECT: October 18, 2023 BOCC Meeting
The following item has been executed and added to the record:
C30 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.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
'FILIS A(3REEMEXF, made and entered into this 18th day of__October 2023
by and between MONROF' COI 6 NTY, FLORIDA,/Monroe (I olinty, Board of County
("otiiaiiissiotieis/Nii)i�iN oe CoUllty Social Services a p0litiCal subdivision of the State of Florida
(hereinafter called the -Owner" or "County"), and Tranquility Bay AdUlt Day Care Corp
(Contractor),
'will"'pal , S. the County provides Services to tile elderly and disabled residing through(RIt
Monroe County; and
'"MFRI"AS, for the pLIrpOSCs of this agreement, the County receives funding
firorn the Alliance for Aging, Inc., and the Monroe County, Board of' County
C I otm-nissioners/Monroc Colinty, Social Services i n o r d e r t o p r o v i d e t 11 e s e
paartic u I a r senior s p c c I fi c services (" o u n t y %v i d e , and
NVI'll"RFAS, tile County has provided Services to assist the vulnerable elderly and/or
disabled residents to remain in their homes and maintain independence f'()r over 30 years; and
WFll,,'RF'AS, the County desires to contract, for Facility-Based Respite Services to
ensnare that SUCII SCITiCeS are available thI-OUghOUI the (..'0UIII)', and
Wl IFRIAS, Tranquility Bay Adult Day ('are Corp is qUalified and desires to provide specific
ServlcM
"A IFRVAS, Contractor provides services oil site at their physical IOCati011 "IliCh IT(11.61VS
clients he transported to the location for services, and (..'otltractor is the only service provider.
g,!eographically located in the service area that call provide these t'acility-based respite and caregiver
service,.,, nizilking it the sole source available for services: and
NOW in consideration Of thC 111MU81 Coveriarits and provisions contained
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
fiorth, mutually agree as follow:
1. 11 II-'-('ON'l RM,I I
The contract between the O%vner and the Contractor, of which this agrcement is as part,
consists of the contract documents. which are as t'ollows: ']'his agreement and any amendments
executed lay the parties hereafter, and all reqUired insurance doCUrnentatiOn. Ill the CVCrlt Of
as discrepancy bae ,,seen the docurnents, precedence, shall be determined by (lie order of the
(10CLInients aISJL[St listed.
2. �SCOIIF' OFT HL" WORK
The Contractor Shall Provide F'acility Based Respite Services For the COLIAlty, SpeCifiCa.11V
ill Marathon.I.-Flo.rida, The Contractor warrants that it is authorized by law to engage in tile
performance of the activities herein, described, subJect to time ternis and conditions set forth in
these contract documents. The provider shall at all tirnes exercise independelit, professional
Judgment and shall assurne prollessional responsibility for the services to be provided. Contractor,
shall provide services using the follovving standards, as a IllillifflUrn reqUirerrient:
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Tranquility Bay Adult Daly Care Corp (Marathon)
Agreement #TBMAR 23-24
The C.'ontractor shall maintain adequate staff-ing levels to provide the services
reClUircd under this contract.
B. '"file Contractor's personnel shall not be employees ofthe Monroe CI ounty Board of'
('01111tv ('0111 Ill iSSiOnerS,
C, All personnel engaged ]if performing services under this contract :hall be fully clualified,
Level 11 backgrOLInd Screened and. if' required, be authorized or perrniaccl under State and
local law to perforin SLICII Services.
The Contractor shall stibinit to (lie (I'otuity a weekly invoice. with supporting
docurnentation acceptable to the Clerk. Acceptability to the Clerk is basc(l on generally accepted
accounting principles and SUCh haws, rules, and rquilations as may govern the Clerk's d iSbUrserne fit of
funds,
B, Upon Monroe County's receipt Aod dl0rOUJ!h rC'View and processing of'said invoices. thc
Monroe County Clerk's Office shall SUbInit payrrient 'to the ('0111raCtor in accordance with tile Florida
Prompt Payment Act.
( , County's performance and obligation to Iraq: Under this agreement, is contingent upon
annual a,Ippropriation lacy. the Alliance (of- Aging, Inc., and the N10111-0C ("01,111ty ROW'd Of ('01.411ty,
Commissioners.
-1, FFRM QF'CONTRACT
The terni of this contract is 1,of, one (I) year, coin mencing on Septembei- 1 2023 and ERA�!g
on The County shall have tlic option to renew annually, for the same service rate, this
Ag,reennent at its sole discretion.
(,'(..)N-I'RA(1 RESK)NSIBILITIES
The Contractor will perfbrni only lifthorimi Facility-based' Respite at Tranquility
Bay AdLIh Day Care Corp at 11524 for the unit
rate(s) specified herein, 0�nly this service that is specifically authorized by the COUnty aS (IOCUIllented
by the Social Services Department will, be reinibUrsable. T If i s s ervice will be provided by,
the Contractor in accordance with I-X)FA definitions/spceification, by agencies that hold necessary
ficlenses, and by individual xvorkers qualified to perform such services as detailed in [lie niost recent
version of the Noricla DeParlynem ofElflel. '4ffifirs (IMEA), Ifunelbook.
B, The set-vice the Contractor will I'VOVide Under these terms and conditions is:
Facif iti—based respite care as defined by I)OP.A lkwlhook,
C. The Contractor will provide services during t1le terril ofthis contract for the unit
rates as 21greCd UI)On and that 1`01low: $10.00/unit/one hour for service. As per the most recent
version of the DOEII 11(11,111book, one hour of actual client attendance at the fticility is one unit of
fiacility-based respite. Actual client attendance is defined as the time between the client's arrival at the
2
Tranquillity Bay Adult Day Care Corp (Marathon)
Agreement #TBMIAR 23-24
facility and the time ot'departUre, from tile facility, 'I'inle ;petit in transit to or from the facility, is not
counted in the daily attendance, A daily attendance log Nvith funding source, service provided, tinge in
and time out, client printed name. and client signature, shall be maintained. The number Of UrlitS Of
services perforined fear each client must be prC-aUthOriZCd by the County in accordance with the Activity
[)Ian.
D The Contractor will provide the service detailed in 5 ,13 above for the Unit rate
agreed upon ill 5 . C above in the geographic area detailed in 5.1\ above.
I"I. The Contractor will in al:l cases provide service within the finietrarnes agreed upon
in the Activity plan. l'e(jLlirCd by the most recent version oftlie IYorOa Del,?a)-tmeni q/ Elcler 4.ffiars
WOL,0 Hantlbook. The Contractor agrees that Monroc County Social Services will designate
representatives to visit the Contractor's facility(ics) periodically to conduct riindotri open, file
evaluations and/or other contract monitoring activities dUring the Contractor's normal business
hours,
I''. Hie Contractor has, and shall I'llainlain throughout the, tercel of this COlItt"cid,
appropriate licenses and approvals required tOCOMILICt 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.
(1. T11C ('011tNiCtOr 111LIS1 o1clintain approval status from, the Alliaance for Aging.
hic., as a Medicaid Waiver Provider of'Choice. ifapplicable,
6. CONTRACTOWS FINANCIAL, RFCORDS
...............,
(.'oiiti'act(-.)r shall maintain all books. records, and documents directly pertinent to
performance under this Agreement ill accordance with generally accepted accounting
princillles consistently, applied. Records shall he retained for a period of'six years from the.
termination of"lifis agreement or fior a period oaf three years from tile submission of the final
expenditure report as per 2 CFR §200.333, wvhichevcr is greater. Each party to this Agreement 01,
their authorized representatives shall have reasonable and timely access to such records of'
each other party to this Agreement for public records pUl'pOSCS during tile [Crin OJAIC
Agreement and for six years following the termination of this Agreement, If all aLiditor elliployed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement Were spent f0l° pUrpOScs not authorized by this Agreement, the Contractor shall
repay the monies together with interest calculated PLINUant to Sec. 55.011, FS, 111-0111 tile
date the monies were paid to Contractor,
PLJBLIC ACCESS
Contractor 111LISt COIllply With Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I Of tile C011StitUtiOn of Florida. '"File County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, recorcls,
papers, letters or other "PUbhe record" materials in its POSSCSSi011 Or Under its control subJect to the
provisions of Chapter H 9, Florida Statutes, and oracle or received by the COLUlty' and Contractor ill
conjunction with this contract and related to contract pertbrmance. The County, shall have the right
to U11i I atercilly cancel this contract upon violation of this provision by tile Contractor. Failure of the
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Tranquility Bay Ad:ult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
(2ontractor to abide by the tertlis ofthis provision shall be deemed it material breach ofthis contract
and tile COLInty may enforce tile terms of this provision in tile 1101111 Ofa court proceeding and shall. as
as prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding, This provision shall survive any termination 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.
PLU'Stlant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
reqUired to:
(1) Keep and maintain public records (fiat would be required by the COUnty to perform tile
service.
(2) Upon receipt front the CountN,'s custodian of records, provide the County with as copy
ot'the requested records or allmN the records to be inspected or coplect \vithiri ,,,I reasonable tinie at as
cost that does not exceed the cost provided ire this chapter or as otherwise provided by lakv%
(3) Fiviure that public records that are, exempt (V cOnfictcritial and exempt firont public
records diSCIOSLIN, requirernents are not disclosed except as authorized by ]a\,\, for the duration of`the
contract territ and following completion of the contract if"the contractor does not transJ6- (lie records
to tile County.
(4) Upon conipletion of`the contract, transl r, at 110 Cost, to (Ile COUnly all public records in
possession ofthe C I ontractor or keep and maintain public records that WOUld be IV(JUircd by (lie Count),-
to perform the service. If(lie Contractor transfers all public records to tile('01.111(y Upon COMPICtion 01'
tile contract, the Contractor shalt destroy any duplicate public records that are exempt or confidential
and exciript fi-0111 public 1'eCORIS diSCIOSU1`e requirements, Ifthe Contractor keeps and maintains public
records upon completion of'thc contract, tile Contractor shall nice( all applicable re(JUirenients Im
retaining public records. All records stored electronically must be provided to tile COUnty, Up011
reqLICSt froun the COL1111),"S custodian or records, in as format that is conipatiffle with the intbrniation
techriology systems ofthe County.
(5) A request to inspect or copy public records relating to as COLH'It)l contract must be illade
directly to the County, but it' the County does ]lot I)OSSeSS tile I-C+1CStCd 1-CCOrdS. tile ('01111ty shall
I
hintlediately notil'Y' tile Contractor of tile request, and the Contractor must provide the records to the
County or ally: v the records to be inspected or copied evithin a reasonable time,
IF' THE CONTRACTOR HAS QUII'S"HONS RFGARDING APPLIC'MION OF
S, ft) ']"Ill;
(11APT11:R 1 19, FLORIDA STATUTE
Rl"CORDS RELMIN(i TO THIS ONTRACT, CONT'ACT THE' CUSTODIAN OF PUBLIC
R f X11 ORDS, BRIAN BRADLEY, AT (305) 292-3470 or -hrikffl 0 s,w
8. IN.1)1-'MNIIaICA'I'ION/1101,,I.) HARMLESS
Notwithstanding any Ininin'111111 insurance re(lUireF1lCr1tS prescribed elsewhere in this agreen-rent,
Contractor shall defend, indemnify and hold tile County and the COLIntyS elected and appointed
offices, and employees harmless from and against (i) tiny claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type 01' it.iUry (including death), loss, darnage, title, penalty or business interruption, and
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Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TB R 23-24
(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained
by, filly indemnified party by reason of or in connection with, (A) any activity of coritractor or
any of its crnplo),ees, agents, sub-contractors or other Invitees clUrilIg the W1111 of this Agreenlent,
(13) the negligence or willful miscotiduct of Coritrac(or or any of its employees. agents, SLlb-
contractors or other invitees. or (C) Cojitractor's, default in respect of an.y of the obligations that
it Undertakes under the terms of this Agreement, except to the extent the clairris, actions, causes
of action., litigation, procecditigs, cost or expenses arise ftom the intentional or sole negligent
acts or omissions of the (:"aunty or any of' its employees, agents, or invitees (other than
Contractor), Insofiar as tile claims, actions, causes of action. litigation, proceedings, cost or
expenses relate to events or circurnstariccs that occur cluring the term of' this Agreement, this
Section Wlil SLU'ViNT tile expiration, of the tertii of' this Agreement or all), earlier termination of this
Agreenictit.
Prior to eXCCLIti011 Of' this Rgreenient, the c(mitractor shall I'LlrDiSh tile 0%vner Cerlificates of
Insurance indicating the miriinitim coverage limitatioris as indicated by an -V oil tile attached
forms identified its JNS('KLST 1-5, as further detailed oil forms WC], GLI, and VL2. each
attached hereto and incorporated as part of this contract doctiment, and all other
I-CCILlil-C111CIAS found to be, in the best interest ofMonroe ('0LInty as may be imposed by tile Mojjr(�ae
ottilt y Risk Management Departniew.
Non-Waiver of Immunity. Notwithstanding the provisions of Scc. 768.28, Fic:)rida Statutes, tile
participation Of' the ("OUnty and the Contractor in this Agreement and the acquisition of' fairy
commercial liability ilISLINIFICe COVCNJgC, sell`-illAtrarice coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of' immunity to the extent of liability
coverage. nor shall airy contract entered into by the County be recluired to contain filly provision for
I -)NTRA( VOR
'N 1
")'Fill"''N ")EN'F((
At all times and for all j)Ul-l)0SeS Lllld(l° this agreement the Contractor is an indepe�rldcrlt
cotitractor and not fill employee trot the Monroe Comity Board of County Commisslotiers, No statement
contained in this agreement shall be construed so fis to find the Contractor Or any of his employees,
contractors, Servants, of, agents to be employees espy the M o ri r o e C c) it ii t y Board of
County Coninlissiollers.
10. NONDISCRIMINATION
COUllty and C''ontractor agree that there Nvill lie tic) discrimination against any Person. arid it
is expressly Understood that LIPOII a determination by a court of competent jurisdictimi that
disc riminat iori has occurred, this Agreement automatically terminates WitlIOLlt filly further iction
oil the part of' art),, party, effective tile date of tile COUrt order. Coritractor agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relatirig to
nondiscrimination, These inclUde, but are not limited to: I ) Title VI of the Civil Rights Act of'
1964 (PI, 88-352) which prohibits discriniiiiatiort on the basis of race, color or riatiorial orighi, 2)
Titie IX of the Hucation Anierich-nent of 1972, as amended (20 USC ss. 1(y81- 1683, and 16,85-
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 discrimillatioli on tile basis of
disability; 4) The Age Discrimination Act of 1975, As amended (42 USC ss. 6101- 6107) which
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Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
prohibits discrimination on the basis of age; 5) J lie Drug AbUSe Office and Treatment Act of
1972 (111, 9,2-255), as amended, relating to nondiscrimination on the basis of drug abusc; 6) The
Comprehensivc Alcohol Abuse and Alcoholism Prevention, "Freatniern and Rehabilitation Act of*
1970 (PI, 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcollolisin; 7) 'File PUbHC Health Service Act of' 1912, ss. 523 ,,Ind 527 (42 USC ss. 690dd-3 and
290ec-3), as, amended. relating to confidentiality of alcohol arid drUg abuse patient records; 8)
Title Fill of tile Civil Rights Act of 1968 (42 USC s, et seq.), as arnerided, relating to
nondiscrimination in the sale, rental or financing of housing; 9) 'file Americans with Disabilities
Act of 1990 (42 USC s, 12�01 Note), as maybe amended from Beale to tillie, relating to
nondiscrimination on the basis of' disability; 10) Morlr( e -'01111ty Code Ch. 13, Art. VI.
proh i bi(i rig discrimination on the bases of' race, color. sex. religion, disability, national origin,
ancestry, sexual orientation, gender identify or expression, Carnilial stalus or age, and I I Ally
other nondiscrimination provisions In any Federal or state statutes which may apply to the parties
to, or [lie subject matter of, this Agreement,
11, ASS IGN MFNT/SI J IR"ONI"R ACT
.............
I'll o (I ontractor shall not assign or subcontract its obligations under this agreement, except
In %N'riting and Xvith the Prior written approval of' the M o ri r o e ( o or n ty Board 01' C'Offlny,
Commissioners which approval shall be SUb,ject it) such conditions air(,] provisions as the Board may
decrol necessary, This Paragraph shall be incorporated 1)), reference into any assignmeat or
subcontract and any assignee 01� SLII)COiltractor shall comply with all of tire provisions of this
agreelnent. Unless cxpressly° provided fi,-)r therein, such aptirmal shall in no rflanncror event be
deemed to impose any additional obligafi011 U11011 the board,
12, COMPLIANCU" WITH LAW
Ili providing all services goods I)LU-SUcIllt to this, agreement, (lie Contractor shall abide by all
statutes, Ordin'MICC-S. rUics and regulations pertaining to, or regulating the provisions of, such
services, inClUding tIlOSC new in effect and hereinafler adopted, Any 6olation of said statutes,
ordinances, rules and regulations shall C0nStitUtC 8 RIII(Crial breach of this agreement and shall
entitle the Board to terminate this contract in"Iniediately upon delivery of written notice of'
termination to the contractor, The contractor shall possess Proper licenses to perform work in
accordance with these specifications tllr0Ugb0Ut tire term of this contract, Contractor shall USC [lie
Department of Homeland Security's 1,,'-verilysystem to verify
, the empIclyrilent eligibility of' all liew
ernployces hired during the contract term purstrant to this agree ITICIlt.
13� -S.-UPPORT TQj.jJF'-QEAF OR I 1ARD-01,41FARING
a. The contractor shall corriply with section 504 oftf-re Rehabilitation Act of1973, 29 tJ.S,C,
794, as implemented by 45 (I 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 218 C.FR Part 35 (hereinafter
referred to as ADA).
b. The contractor shall it' it employs 15 or more employees. designate as 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
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,
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Tranquility Bay Adult D�ay Care Co rp (Miarathon)
Agreement #TBMAR 23,-24
c. The Single-Point-of Contact shall ensure that employees are aware of the requirenicrits,
roles & rr sponsibilities. arid contact points associated compliance %vilh Section 50,4 and the ADD,
Furthcr, employees of the contractor shall attest in writing that tile), are t'arnihar m(ith the requirement of'
Section 504 art([ tile ADA, This attestation shall be nlaintained in the employee's personnel file.
d. 'The contractor's Single-POillt-Of-Contact will cristire that C011SI)iCUOUs Notices which
provide information about tile availability of appropriate ml.Xiliary aids an(] services at no- cost to the
dcafor hard-ol'-licaring clients or coinpartions and/or caregivers are posted near where people enter or
are admitted within the agent 10CatiOrIS, SUCh Notices MUSt be I)osted immediately. Fhe approved
Notice CICIII be do\vriloaded through the Internet at:
the COrItrildOr shall (10CUIllent the ctistorner's or companion"s and/or caregiver s prefcrred method
of corruntinication and any requested aUXiliary ai&services provided in the client's record,
DOCUMCIltall0l], NVith SUI)I)Orting justi6cation, MUSt alsau be made ifany request was noi honored. The
CO11t111Ct0r` shall SLIbMi( COnipliance Reports monthly, not later than the I" day, of each month, to tile
Monroe COLUlty Social Services Compliance Manager. it'applicable,
tot DIS4.j.0StjRI` ANL) CON11ACT OF IN'l L°'Rf.'ST
'file Contrackir represents that it, its directors, principles. and emptoyecs, presently have
no interest and shall acquire no interest, either direct or indirect, Which would Conflict in aany
manner with tile perforni,ance of set-vices I-CLILlired by this contract, as provided in Sect. 112.3 11,
ct. seq.. Florida StatUICS. COUnty agrees that officers and employees of the Count), recognize and
will be required to Comply with the standards of' conduct for I)Ubfic officers and employees as
delineated in Section 112.313, Florida Statutes, regarding. but not limited to, solicitation or
acceptance of gifts; doilig business with one's agency: unauthorized colnpellSa(1011, tllkUse of
public position, conflicting employment, or contractual relationship; and disclosure or use of,
certain itilbrination,
Upon exectition of this, Contract, and thereafter as changes May re(li,lire, the Contractor
Shall nOtif V (Ile ("'OUnty Of any financial interest it may have in any an(] all prograrns in Monroe
County which the Contractor sponsors, endorses. recorninends, SUpel'ViSCS, or reqUires for COUIISeH1114,
assistance. evaluation, or treatment, This provision shall apply \vhether Or not such program is
reqUired by statute, tis a condition of probation, Or is pro6ded on a voluntary basis.
The County and Contractor' warrant that, ill respect to itself, it has neither employed not—
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, individt.9d. 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 (lie breach or violation of the provision, the Contractor
agrees that the C ounty shall have tile right to terminate this Agreement without liability and, at
its discretion, to offset fi-orn monies owed, or otherwise recover, the full aniount of such fee,
con,unission, percentage, gift, or consideration.
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Tranquility Bay Adult Day Care or (M rathon)
Agreement #TBMAR 23-24
15. NO PLEIIXJL`� Of' CIRLIDIT
I'lle C'ontractor shall not pledge tile COLIIIIY'S Credit ()I' make it a guarantor of paytrient or
surety for any contract, debt, obligation. Judgment, lien, or any form of indebtedness, The
("ontractor further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fultill the tenns of this contract,
16, NOTWE REQ JIREMENT
Any notice required or pern'dued under this agreement shall be in writing and hand delivered
or mailed, postage prcpaid, to the other party by cet°tified mail, ITtUrned reccipt reqUested, to tile
60 11 o w I I I g:
f(IR,COUNTY:
Monroe ("Ounty and County Attorney
Sheryl Grahain, Sr. Director I 111 12"' StIVO SUite, 408
1100 Simonton Strect 2-257 Key Wcst, IT. 33040
Key West, FL 33040 305-292-3470
305-292-451()
FOR CON'FRACTOR:
..........--...........
TranqUility' Bay Adult Day (.'are Corp
Lucy Crux, PresidClit
11574 Overseas highway. Unit 43
Keyl,argo, 11,33050
305-440-2398
17. TA X.I S
'file COUI-Ity' is eXelflpL Froin paynient of Florida State Sales arrrcl Use taxes, The Contractor
shall not be exeniptcd by vir-tue of the ("ounty's exemption from paying sales tax to its
SLIppliel-S fOl' materials used to fulfill its obligations under this contract, nor is tile Contractor.
81,111101-iZOd to tree tile COLITIty's Tax Fxerniltion NUnIbCr it) SCCUrin such niatcrials. 'file
Contractor shall be responsible for any and all taxes, or payments of withholding. related to
SeIA'iCeS WIRICN(I Under this agreement.
18, '141MINATION
The County may terminate this contract for cause with seven (7) days' notice to the
contractor. Cause shall constitute as breach of the obligations of the Contractor to perforill the
services enumerated as the Contractor's obligations under this contract.
kither of the parties hereto may terillinate (his contract without cause by giving the other
party, sixty (60) days written notice of its intention to do so.
19. GOVEANN(i LAW,.YENUE, INTEJURETATION, COSTS,, AND FEES
...... ..... .. ............................
A. This Agreement shalt be governed by and Construed in accordance with tile laws of
the State of I'lorida applicable to contracts made and to be performed entirely in the State.
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Tranquility Bay ABuilt Day Care Corp (Marathon)
Agreement #TBMAR 23-24
B. Ill the event any- cause of action Or administrative proceeding is instituted for the
enf'orcernent or interpretation of this Agrecinent. County an(] Contractor agree that venue will lie ill
the appropriate COUrt or before the appropriate administrative body in Monroe County.
CI. The C'ounty and Contractor agree in the event of conflicting interpretations of the
terms or a term, of this Agreeirient by or beti,veen any of them, the issue shall be subil�litted to
mediation prior to the institution of any other administrative or legal proceeding.
D, Severability. If' any term, covenant,, condition, or prmision of this Agreernent
for (lie application thereof to any circumstance or person) shall be declared invalid or
uncriforceable to any extent by a COUrt of the renlainhig ternis, covenants,
condition's and provisions of dais Agreement shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall he valid and enforceable to the fullest
extent perinitted by law unless the enforcernerit ofthe remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishnient of' the original intent of this
Agreement. The County and Contractor agree to reform (lie Agreernent to replace any, stricken
provision \,kith a valid provision that comes as close as possible to the intent of the strickerl
provision.
1:1 Attorney's Fees and Costs. The County and Contractor agree that in the event ally
CZIUSC ofaction or aditiinistrative proceeding is initiated or defended by, any party relative
to the enforcement or interl.,,uetation of this Agreement, the prevailing party shall be entitled
to reasonaalrle ittorney's fees, COL111 COSIS, investigative, alld oast-Of pocket expenses, as all award
110ailist the lion-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings, Mediation proceedings initiated ancl conducted
PLU'Stlant to this Agreement shall be in accordance With the Florida RUICS Of Civil RrOCCCILlre
alld Usual and CUSWITTal-V procedures IVC]Uired by the circuit court or Monroe County.
1:, Ad.indication of DiS11111CS 01' Disagreenictits. County aracl Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions,
between represeticatives of each of the parties, if no resolution can be agreed upon within 30
days after (lie first meet wand 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 file 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,
I
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 C'ontractor 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 part), to this Agreenient shall be required to enter inter any arbitration proceedings related
to this Agreement.
9
Tranquil'ity Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
11. Force Nia'jeure, DUC pert"ormance of any dirty oil obligation hereunder by either [)art),
shalllie excused if prevented by, acts of'God., information 1)roviders or other service providers, public
enemy, war. terrorisni, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage
or Virus. tel CCOIII Ill Lin i Cations I'ailure, or any, other circurnstance beyond that party's reasonable control,
20. BINDING 1 FFLICT
The terms. covenants, conditions, and provisions of this Agreement shall: bind and filUre, to
the betiefit Of the COLUIty arld COntractor and their respective legal representatives. successors,
and assigns,
Al IJTJ IORITY
l',",ach party represents and warrants t(,,) the other that tile CXCCU(iOIl, delivery, and performance
of this Agreement 111aVre, beeii duly authorized by all necessary COLulty, and corporate actIOIL
as reClUired by lavv.
22, (1'Ir AIMS FOR H-DERAL Q R S,FAJJ`� Al D
Contractor and COLInty agree that each shall be, and is,. ernpowered to apply Corr, seek, and obtain
federal and state funds to further the j')UrjIOSC of' this Agreement: provided that all applications,
I'CLILICStS, grant proposals, and funding solicitations shall he approved by, each party prior to
submission,
2 3, PRlVILF(j[,,S AND ININJUNITILS
All of the privileges and i nini uni ties from liability, exemptions from laws, ordinances. and
rules and pensions and relief, disability, workers' Compensation. and Other benefits which apply to the
activity of oflicers, agents. or employees of, any public agents or employees of' the COLUItyr, When
performing their respective functions under this Agreement within (lie territorial firrilts of the
County shall apply to the same degree aincl extent to the perh),liiance of such functions and duties
Of' SLICII OJIICCrS, ugCIIIS, Volunteers, Or employees Outside the territorial houitS Ofthe COLUIlty.
24. I.J.,"'GAL OBLIGATIONS AND RUSPONSIBILITIES
Non-Delegation of onstilutional or Statutory Duties: This Agreement is not intended to .
not- shall it be construed as, relieving any, participating entity from a n y obligation or
responsibility irtiposed Ul)Ou tile entity' by 1mv Qxcept to the extent Of WLIal and tirrICI)'
pci-formance thereol'by any, participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility, Further, this Agreement is riot intended to,
1101, Shall it be construed as, atlthOlUing the delegation of' the Constitutional or statutory duties of
the COLUIlty, CXCef)t to the CXterft I)erruitted by, the Florida constitution. state statute, and case law.
10
Tranquility Bad' Adult Day Care Corp (Marait�hoin)
Agreement #T'BMIAR 23-24
25. NON-R[1]ANCE' BY NON-PARI'l L'S.
No person or entity shall be entitled to rely upon the terms. or any of them. ofthis Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of" any service or
prograin contemplated hereunder, and the County and the Contractor agree that neither the
(:'01.111ty nor tire Contractor or any agent, officer, or employce of'either shall have the authority to
inl'01`111, COLMSCI, 01- (Alierwise indicate that any particular individual or group, of individuals,
entity or entities, have entitlements or benefits UIR[Cr this Agreement separate and apart, ii'llerior to,
or superior to file coarnitin Ii,ty III general (:)I for file pLfl-POSeS conteiniflaied in this Agreement,
26, A I"ITSIFATI()N S
Contr,,,ictor agrees to execure SUCII (10CLU11CIV(S aS file COU1,11Y may reasonably re(JUil"C, including a
I'Liblic I'linity Crinic Statement, Minority Owned Business F)eclaration, I.,thics Statement, and a DrUg-
Free W'orkplace Statement,
-7 N() PERSONAL LIABILITY
No covenant or agreeinent contained licrein shall be deemed to be a cm,enant or agreement of'
any member, officer, agent, or ejjjpl(yyree of Monroe ("aunty in Dais or her individual capacity, and, no
ineniber, officer, agent, or employee of Monroe CountY shall be liable personally oil thisAgreemew
or be subJect (o any personal liability or accountabifily I.)), reason of the eXCCLI(iOn Of this Agreement,
28, DATA INT!"GRITY AND SAFT'GUAWFAM14 INFORMATION
The Conlractor shall ensure an appropriate level of data security 17or the infimnation the
contractor is collecting or using in the performance ofthis contract. An appropriate level fsecurity
includes approving and tracking all "ontractor employees that request system of information access
and CIISUring that LISC11' aacawesS has been removed from all ternrinated eniployecs, The Contractor.
wriong other requirements, triust anticipate and prepare for the loss ol'itif'orniat ion processing,
c,,,ipabililies. All data and software must I)c I-OLItinelY backed up to insure recovery frolo IOSS Or OUIagCS,
And to maintain written pre cedUres for computer sYSICIII baCkU[) and recovcry,
29� E X F" LF1 ION IN C.'OUNTITPARTS
'1-1— *"—"-,,-"—,--,--,—"-",.................--"-
,his Agreernern, rriay be executed in any number of coUrnerparls, each, of Nvhich shall he
regarded as in original, lull of which taken together shall constitute one all(] lhe same instrument
and any of` the: parties hereto may execute this Agreement by signing any Such counterpart.
30, SECTION I IU A 1)1 NGS
Section headings have beery inserted in this Agreement as ar rnatter of convenience of
reference only, and it is agreed that such section headings are riot as part of (his Agreerneilt and
N�ill not be used in the interpretation okany provision of this Agreement,
31 PRQVJSIONS-Rl LtL[`,L).j1Y
A. Equal Employment Opilwirtunity, No Disc ri in ination Provisions: ('ONTRACTOR arld
(1 01,1 NTY agree that there will be no discrimination against any person,and it is cxpressl,1V understood
that Upon a determination by a COLII-t of'comfIctent jUrisdiction that discrimination has OCCLUTC(l, this
Agreement automatically terminates, without any further action on tile part ofany party, effective the
date of the court order. ('I ONTRACTOlk or COUNTY agrees to comply Nvitti lull Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These filClUde but are
11
Tranquility Bay Adult Day Care Corp (Marathon!)
Agreement #TBMAR 23-24
not finlited to: 1)'Fifle VII ofthe 001 Rights Act of 1964(PL 88-352) which prohibits discrimination
on the basis of' race, color or national origin, 2) Title IX of the 1.'d1lCation Amendment of 1972, as
aniended(20 U SC ss. 168 1-1683, and 1685-1686). which poh ribirs discrimination oil the bzisis olf sex-,
3) Section 504 of' the Rehabilitation Act (,)1' 1973, as aniended (20 USC s. 794), which prohibits
discrimination oil the basis of handicaps: 4) "I'lile Age Discrimination Act of' 1975, as arrierlded (42
US(_, ss,, 6101 6,1(I7) which prohibits discriunimation can the basis ofage, 5) The Drug, Abuse Office
and Treatment Act of 1972 (JIL, 92-255), as aniended, relating to tiondiscriniination on (lie basis of
dRig al'.)Llse; 6) The Coniprehensive Alcohol Abuse and Alcoholisrn Prevention, Treatritent and
Rehabilitation Act of 1970 (PI c91-616), as aniended, relating to nondiscrimination oil the basis of
alcohol dbUSe or alcoholism, 7) The PUblic Health Service Act of 1912, ss. 523 and 527 (42 US(,' S&
690dd-3 and 290ee-3), as aniended, relating to confidentiality of alcohol and drug abuse patient
records; 81), 'Title Vill ofthe (I I I ivil Rights Act of 1968 (42 (JSC I s. 360,1 et secl,), as arnended, relating
to noildiscritil inad oil in the stale, rental or firiancing ot'housing. 9) The Arrilericans with Disabilities
Act of 199(1) (42 US("' s. 121011 Note), as inay be arnerided from time to linic, relating to
nondiscrimination oil the basis of,disability-, 10) Monroe COLIFIty Code Chapter 14, Article 11. which
prohibits discrimination ()It tic" basis of racc, color, sex, religion, tvitional origin. ,,n ices(ry sexual
orientation. gender ildenfily cal, cxPl,essilon. lanlilial SURUS or age; I I ) affray other nondiscrimination
provisions in any F'Qderal or State statutes which array apply to, tile parties to, or the subliect matter of"
this Agreement.
During tile pc[Ibrinalice of this Agreement, (lie CONTRACTOR, in accordance with F(JUal
I'lliployment Opportunity (30 Fed. Reg. 12319, 12935, 3C F.R. part, 1964-1965 (11 onip_ 1). 339), as
arnerided by Fxecutive Order 11375, Aniending F,xecutive Order. 11246 Relating to FLILUAl
F''unployment OpportLillity, and implementing regulations a( 41C]'R, Parl 60 (C)II-ice of Federal
( ontract Compliance Pri,)graiils, Fqual 1"111ploynient Opportunity, Department of Labor). See 2C.F.R.
Part 200. Appendix 11, "j C, agrees as fbllows�
I) I'lie contractor will not discriminate against any employee or applicant for employment
because cal'raped, color, religion, sex,, SMUll orientation. gender identity. or national origin.
The contractor will take affirniative action to CrISUre that applicants are emplowd, and that
employees are treated daring employ) neat, without regeird to their race, color. religion, sex,
sexual orientation, gender identity, or national origin. SLICII aCtiOrl shall iflClUde, but [lot be
limited to the 6611owing: l"niployment, upgrading, denrotioll, or tr"'Insfier, recruinnent, or.
I-CCA"Llittilent advertising: 1,'IYofl,ol" l,et,lllitititio�ii: rates rat pa or other Fornis ol'cornpensation',
,in([ selection for training, including apprenticeship. 'I'lie contractor agrees to post in
C011SIMCLIOLIS places, avaikible it) empiloyees and applicants for ernployrnent, notices to be,
provided by the comracting officer setting forth the provisions of" this tiondiscrinlinarion
clause.
2) The contractor Nvill, in all solicitations or advertisements for employees placed
by or on behaffol'the contractor, state that all qualified applicants Nvill receive consideration 6,,)r
employment without regard to race, color, religion. sex, sexual orientation, gender identity, or
national origin,
12
Tranquility Bay Adult Day Care Corp (Miarathon)
Agreement #TBMAR 23-24
3) The contractor wiII riot discharge or in any, other manner d I scrin'dirate agai list any
employee or applicant for CIIII)l0yoldit bCCaUSe such einployee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another cinployee or
applicant. This Provision shall not apply to instances in which an employee who, has access to
file Compensation infill-mation of other eiriployces or applicants as as part Of' SUCII ernployce's
essential job functions discloses file compensation of' such other employees, or applicants, to
illdiVid,LKIIS who do not otherwisc have access to such inforinafion, unless stich disclosure is ill
response to a formal complaint or charge, in furtherance of an itivestigation, proceeding. hearing,
or action, including an investigation conducted by the elliployer, or is consistent stent with the
contractor's leg,at dirty to furnish intZ)rniation,
L$) 'I'lle contractor will send to each lat)or Union or represeinativc ol'worders Nvith
%virich it has a collcctive bargaining agreernern or other cOOINiCt OT Ulldel'SWIlding. J notice to be
provided byr the agency, contracting officer, advising the labor union or workers' representative
of the contractor's corunlitInClItS Under secfi(�m 202 ofFxecutive Ordor 11246 ol"Septelilbel, 24,
1965, and shall post copies of thew notice in C011SIMCUOUS places, available to cimployces alld
applicants lin employment.
5,) The contractor will corriply with all provisions Of' FXeCLltiNC Order H 2,46 of'
September 24, 1965, and of(he rules, regulations. and relevant orders of"the Secretary of`tabor.
tipI lie Contractor will furnish all information and reports reqUirCd by F'XeeUliVC
Order 112,16 of'Septernber 24., 1965, and by the rules, regulations, ,in(] orders ofthe Secrelary of"
Labor, Or IlUrStlant thcrelo. and will pernril access to his [looks. records, and accounts by tire
conlracthig, agericy and file Secretary 01 L,abOr for I)LArposes of rilvestigation to ascertain
compliance with SLWh Riles, regUlaflons, and, orders.
7) ]In the event of the contractor's non-conipliance with the nondiscrimination
CIIALISC,S of this contract or ,vitlr any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and (lie contractor may be declared
ineligible fbi, firilher (.4overnment. contracts ill accordance with procedures arilliorizcd ill
L'xeCLIti%IC Order 11246 of'Seplerriber 24, 1965, and such other sanctions may be irnposed and
remedies invoked as Provided in F"xectifive Order 11246 of' Septernber 24, 1965, or by, I-1.11C,
regUlati011, or order offlic Secretary of'[.abor, or as oll'ierwise provided by law.
8) ]'lie ("cintractor will include the portion of'the sentence immediately preceding
Paragraph (I) and tile provisions ofliaragraplis (I) through (7) in every subcontract or purchase
order LII'IICSS exernlUed by rules, regulations. or orders of the Secretary i"O'Labor issued pursuant
to section 204 ol'Executivc Order 11246 of September 24, 1965, so that such provisions will be
biiiding tirion, each SUbcoatractor or vendor. The (I ontractor Nvill take such action with respect
to any subcontract 01' J)Urcllase order as the administering agency tria)) direct as a means of
enk,.li-cing such provisions,, including sanctions for non-cornpliance, provided, however, that ill
the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a NSUR of such direction Ily, the adn-finistering, agency the contractor may request
the United States to enter into such litigation to protect the interests of the unified States,
13
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR ,23-24
13. Ter-mination:
I) Termination for (..'onvenience: ']'he ("ounty nlay terminate this Agreement Im
convenience.at any ti 111C, Upon sixty(60)days written notice to Contractor. I f the
COUnty terminates this agreement with the Contractor, Comity shall pay Contractor
the stim due the (-011traCtOr under this agrecnicirt prior to (entrination, unless tile
cost of'complefion to tile c0iltlty exceeds the fiends remaining]it the contract, The
I'llaXinlUm amount clue to Contractor shall not exceed the spending cap in this
Agreement. fit addition, the County reserves all rights available to TWOUP monies
paid Under this Agreement, including the right to sue fior breach of'contract and
including tile right to I)LII'Stie a claim for violation ot"the C'01,111ty's False Claims
laints
Ordinance, located at Section 2-721 et al. Of'thC Monroe COUrny Code. Fither party
rnay cancel this Agreement without CaLlSe tIj)OFl sixty (60) days' vvritten notice of
its intention to (10 so to the other party. In (lie event ol'termination, the County
shall owe the Contractor l'or all goods and services delivered prior to tile date ol*
tertnination.
2) Ternrination Rw Cause and I cjrje("i"ic's: In (lie event ol'breach ol'any contract terms,
the (I ounty and Contractor each retains,the right to terminate this Agrccirtent. The
("aunty tIlltv also (Crillinate this agreement fi)r cause with Contractor strould
Contractor tail to per-Form the covenants herein contained at the time and in the
manner herein provided, In the event ol'such wrillination, prior to termination, the
County shall provide Contractor with live (5) calendar days' notice and provide
the ontractor "J(h ,,in oppOrIL111ity to CLII-V the breach that has occurred or. it'five
(5) calend,ar days' is an insufficient period of'tilflC to CLIN such [)reach, to provide
(10CLUIACUILItiOn reasonably SatiSIIIC(Ory tea tile County that Contractor is diligently
pLIrSIJiIlg a Core tor SLIC11 breach, H'the breach is not cured, the Agreement will be
terminated for cause, lithe County terminates this agreeinerart with the Contractor,
('aunty shall pay Contractor the sum due to OIC COMITICtOr Linder this agreement
prior to termination., unless the cost of completion to the County exceeds the I'Linds
remaining in the contract, Hie maximum aniourit(]Lie to Contractor shall not in arrv,
event exceed the spending cap in this Agreenlent, fit addition, the County reserves
all rights available to I-CCOLIJ) 11101-lieS Paid Under this Agreement, including the rig-lit
to SLIe for breach ol'contract and including; the right to PLU'Sue a claim for
violation of the County's False Claims Ordinance, located at Section 2-.72 1 et al,
ol'the Monroe ("ounty C."cede. In the event that the Contractor shall be fOUnd to be
negligent in all), aspect ol'service, the COLIFIty shall have the right to terminate this
agreement alter live, (51) days written notification to the Contractor,
CI OTHER FEDFRAL CONTRACT RE ARENIENTS The Contractor and its
subcontractors must fiolloov the provisions, as applicable, as set forth in Appendix
11 to I C'.F.R. Part 200, as amended, including but not limited to:
D, Davis-Bacon Act, as amended (40 1,J.S.C, §§3141-3148), When required by
Federal prograrn legislation, which includes emergency Management
Preparedness Grant Program, florrieland Smlrity (irant Prograin. Nonprofit
14
,rranquility Bay A t Day Care Corp (Marathorn)
Agreement #,"rBMAR 23-,24
Securitv Grant Prokrani, Tribat Homeland Security Grant Prograliv, Port SeCOrity
Grant Program and Transit Security Grant Program, all prhile Construction
contracts in excess tif'$24000 awarded, 1).y non-Federal entities MUSt COtrIjIly' With
the. Davis-Bacon Act (40 §§3141-3144, and §§3146-3148) as
supplentented by Department cat` Labor reginlations (2�9 CT'R ])art 5, -Labor
Standards Provisions Applicable to Contracts ('overilig l"ederAy Financed and
Assisted (;onstruction"). fit accordance with the StatUtC, C011INICtOrS ITILIst be
required to pay wages Lo laborers and mechanics at a rate not less than (lie
prevailing wages specified ill as wage determination made by tile Secretary of
Labor. In addition, contractors must be reqUired to pay wages riot less than once
a week, It' applicable. the COUNTY rnust place a current preNailing wage
determinati('m issued by tile Departnicnt of' Labor in each solicitation. The
decision to award as contract or subcontract intist be conditioned upon the
acceplaticc of the wage dererntimition. The COUNTY nuist report all SUSpeCted
or reported violations to flic Federal awarding agency, NA/hen required by Federal
program legislation, which inCILKICS CJI)CrgCJICy Maiiagernent Preparedness Grmi
Prograrn, I lorricland SeCUritY, Grant Prograrn, Nonprofit Security Gratit Program,
T'ribal flonieland Security Grant Program, Port SeCLUrit.)I Grant Prograil'i and
Transit Security Grarit Program (it (toes not apply to other FFMA grant and
C()Operatiwae agreetYietit progranis, including the Public Assistance Pragratn), tire
contractors lilust also corillily, widi the Act (40 (-J,SJ,'.
§ 3 1,151). as supplernented by I)epartnictit. of' Labor regulations (29 (IT Part 3
"Contractors and SUbCO11traCtOrS Oil PUhliC BUildillf,,I Or PUbliC Work Fill'aliced ill
Whole or in Part by Loans or Grants Front the lJnited States"), As required by the
Act, each C(Illtrad(n' Or SUbreciplent is prohibited fi-oru iridtleing, by any means,
any, person employed in tile corls(ruction,completion. or rej,Nair of public Nvork, (l)
give up ally part,of'the compensation to which he or she is otherwise entitle(L "I'lle
COUNTY I'VILUSt report all suspected or reported violations (o the Federal
awarding agency,
(.,'oili,tltalct,(),i,-,.,"l'[,ie contractor shall comply with 18 U�S.C, § 874, 40 U S� (% § 3145..
and the reqUirernents of' 29 CTR Gat, 3 cis may be applicable, which acre
incorpoi-Wed by rel'erence into this contract,
F Subconn-acts, The contractor or sllbcontnactor shall insert in any subcontracts the
CIMISC abo\�carid such other ClaUSCS as the F1-NIA inay by appropriate instructi011s
reqUire, and also a clause requiring tile SO bcontrac tot's to include these clauses in
any lower tier subcontracts. '['he prime contractor shall be responsible 1'(..)r the
corripliance by any SUbcontractor or lower tier subcontractor with all of these
contract clauses.
G, Breach., A breach (:)I' (lie contract claUses above may be grounds lor termination
of the contract, and, for debarment as a contractor and SUbcontractor as provided
in 29 CTR § 5,12,
is
Trainqui�l�ity Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
11. Contract Work, Hours and Sate Standards A 1 40 UISIC :fir.701-37-(U8 Where
applicable. %0iich includes all Ff'MA grant and cooperative agreement programs, all
contracts awarded by the COLNIN in excess or $100,000 that. involve the
employment ol'inectianics or laborers must comply Nvith 40 1J.S.(',§§ 3702 and 3704.
as supplentented by Dpartnient of Labor regulations (29 C'FR Part 5). Under 40
U�S�C §3702 of Ifle Act. each contractor must conipute (tie wages orevery triechanic
all(] laborer on the basis of'a standard work %veek of 40 IIOLII'S. Work in excess elf the
standard work week is permissible provided that the worker is compensated at as rate
ol'not less than otic and it hall"tinges the basic rate ot'pay tbrall hours worked in excess
cal"40 hours in the work week. The requirenlents cut`40 3704 are applicable to
construction work and provide that tit) laborer or tnechanic must be required to work
in surroundings Oi° Under working conditions which are unsanitary, hazardous, or
dangerous, J hese requirements do not apffly to tile purchases ot'supplies or materials
or u;trticics ordinarily available oil the open market, or contracts Cor transportation or
trail`ill ASS ion of,ilitelligcIlce.
i. 0 veqjj',Lig 1�� 1)(11 qLiqenlcnts,. No contractor OrSUbcontractor contracting for at t,
orthe contract work which may
requii e or involve (lie employment elf laborers
or mechanics shall require or pernlit any SLICh laborer or niechanic in any
workweek in which lie or slie is employed oil such ",ork to work in excess ol'
fiorty hours in such workweek awnless sitch laborer or mechanic receives
compensation at as rate not less than one and one-lial'I'tirries (lie basic rate ol'pay
leer a111 hOLO'S WOrkC(l in CX0CSS 011011Y h0UrS in such workweek.
it \tl i o I CA t jSYK'jj ity for,t 1 mo [_\v sj:�qi In the event orally,
-nv� ��" -_jWgs
violation of,the clause set 1,611h in paragraph 29 CA'.R. § 5.5(b)(I) the contractor
and aany subcontractor responsible therefor shall be, liable for the unp,aid wages.
In addidon, such contractor and subcontractor shall be liable to the ("I'VitCd States
(tit the case ot'work done under con(ract For the DiStrid OITOILI[Ilbia 101,a
territory' to sucli District lot, to such lerritory), for liquidated darnages, Such
liquiditted damages shall be counputed with respect to each individual laborer or,
niechartic, inducting watchnien and guards, employed in viotation ot'dic ck.,ruse
set r0rth in paragraph 29 ('J'K § 5,5 (1:))(1). in the swan or$27 for each calendar
day oil which such individuill WIS W+Uired or pumitted to work in excess ot'the
standard workw,veek of'lbrty hours without payment ol'the overtime wages
required by the clause set f'orth in paragraph 29 (I-J'A. § 5,5 (h)(1),
iii. With[ oldi ..I'oj uii�IJLJ it , ; andli uidateddam The Federal agency shall
---1.- -Im--l-L -�"
upon its, own action or upon written request ofan authorized rclircsentati v e of,the
Depattn�Acnt ell" abor \611111101d Or C',lUse to be, withheld from <Any nuilleys payable
oil aCCOLInt of"work perlorryied by the contractor or Subcontractor 1,111derlily Silch
contract or any other F'cderal contract with the sarne prime contractor, or any
other federally-assisted cortinact sub'ject to the Contract Work I IOLArs and Safiety
Standards Act, which is held by the same prime contractor, SLICII SUnIS as Illay, be
(fete rrn i ned to be necessary to satist'y art), liabilities of such contractor or
subcontractor fior Unpaid w,ages and liquidated damages as provided ill the CkILISC
set forth in paragraph, 29 CU'R § 5,5(b)(2).
16
Tranquility Bay At Day Care Corp (Marathon)
Agreemen�t #TBMAR 23-24
iv. Subcontracts. "I'lic contractor or subcontractor shall insert in any Subcontracts tile
clauses set Co-rth in paragraph 2,9 C.F.R, § 5.5 (b)(I) through (4) and also a clause
requiring tile Subcontractors to, include these clauses in any lower tier
subcontracts, The prime contractor shall be responsible 6or complimice by air),
subcontractor or lower tier Subcontractor with tile clauses set forth in paragraphs
29 C.F,R, § 5.5 (I) t hrOLlgh (4).
w. ILi�djt,,j )...jnyentions Made Under a Contract or reernent, If the Fccleral award
-IL 1-1 I'll I A-0--
meets the definition of"I'miding agreement" under 37 CFR §401.2 (a), and the
recipient or Subrecipient wishes to enter into as contract with a sirlall business firin
or nonprofit organization regarding the substitution of parties, assignment or
perforniance of' experimental, developmental, or research work under that
"I'miding agrcement," the recipient Or SUbt-ecipient nim"A coiliply with the
requiremcnts of 37 1 R, Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small BLISiness Firms I finder Government Cirants, Contracts
and Cooperative Agreements," and ariv Implerrienting Wj-,Ulations issiled by the
awarding agency.
L Clean Ail, Act 2 t S.C, at Water Pollution Cont-jgj and the I cder, 101
Act Q= ' C' 1 25-1-13 Contractor agrees to comill applicable standards, orders�vith Lill , or
regulations iSSLJCkl 1)(11-StUlt to the Clean Air Act (42 U.S.C, §§7401-7671q) and the I"eclenal
kklater POIlUti011 Control Act asameridcd (33 §§1251-1387) and \vill report violations to
FFNA and the Regional Office of tile Frivironniental Protectiori Agency (FTA), The Clean Air
Act (42 U.S�C. 7401-7671(1.) and the Federal Water 1'0111.16011 Control Act (33 U.S.C, 1251-
1387), as amended— al)l)liesto ('oiitrictsiiidsLiq)grititsot'aiiioLriiis ij-1 excess oj'$150.000,
J. Debarment and s L g)si0 1
j Slims i j`,N !ive Orders 12549 a 2689 and 1 A contract
.............
award (see 2 (.T'R 180.220) 111LISt not be Made to parties listed on tile governmentwide exclusions
in file ystern flor Award Management(SAM), in accordance vvidl the OMB guidelines at 2
180 t1lat iniple I)lent HXecutive Orders 12549(3) CFR part 1986 Cornp., p. 189)and 12689 0 (11"R
part 1989 ornp., 1), 235), -Debarment and Suspension," SAM Exclusions contains tile names
of"parties debarred, Suspended, or otherwise excluded by agencies, as \vell as parties declared
ineligible Under StatUtOry or regulatory aLithority other than Executive Order 12549.
K. 1.3,yrd Ariti-Lobbvin , Amendment-.L.J L� �J�'3 52 C ntractors that al) l , or
bid For an zmard 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 furids to pay any, person or
organization for inflLiCrICing or attempting to influence all officer or employee of any agency, as
member ofCongress,officer or employee of Congress, or all employee of a illember ol'C'ongress
in connection with obtaining any 11ecleral contract, grant or any other aNvard covered by 31 U,S,(",
1352, FaCh tier 111LISt also disclose any lobbying %vith neon-F'cderal Funds that takes place in
connection wwithi obtaining any Federal award. Such disclosures are forwarded from tier-to-tier
tip to the non-l"ederal award.
17
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
1 ConijLljince with Pi-octmenicrit of i-ecovej-ed mateijals as set 1ioqh in 2 C!"RA
20. .('.)..322,, conti'actot, IDLISt C011iply Nvith section (5002 of'llie, Solid Waste disposal
Act. as amended, by tile Resource Co rise I-vation, and Recovery Act. The
IV(jUn-CIIle1ItS ot' Section 6OC 02 include fi�r-ocur-ing only items designated in
guidelines ol' the Ftivimrintental Pi-otection, Agene),, (EPA) at 40 CFR pah 247
that contain the I'lighest percentage ofl twovet-ed, materials practicable. consistent
with mannaming an satisf1ictmy level Of'COM[MitiOn, \VIICI'C tile pLH,chase pi-ice of
the iteni exceeds $10,000 m- (lie value of the qUarltity acquhed during the
pi,eceding, fiscal year exceeded $10.000; p�r(mlritlg solid waste inanagement
services in a nianliel• that niamniws, enet,gy and I'CSOLn,ce recovery; and
establishing all affitrinative pt,ocLffenient pi-ogram for, proCUrenient ot'i,ccovet-ed
materials identified in the ETA guidelines.
N11, Amet-icans "'Jili Disabilities Act, of 199Q,.as alnendecj. A J he C'onn'actot,
will coniply with all the wquireinenls as imposed by the ADA. the regulations (:)I'
the Federal government issued thereundet,, anti the assut-ance by the
CONTRACTOR pru-suant thereto.
N, 1) s dv nt �_ji.rlsi s I� 1 It is the Policy Of' the;
C'ounty that DBEI's,as defined in 49 ('1',R, Part 26., as amended, shall have the opportLant)'
to pai-ticil,),ate in the per-16i'mance of'conti-acts financed in whole m in jimt Nvith Courity lunds
under this AgiVernent. The D11F W(IlLdrenicins of' applicable 1�deiul and state laws and,
lel�UlafiOnS 'iprly to this Agreenlent. 'I lie County and its Coritt'actoi agree to ensili-e that
[ME's have the 01,1POIlUnity to participate in the per,flonnance of' this Agwernelit. III this
I'qgal-d. call recipients and, contractors shall lake all necessary and wasonable steps in
accoi-dance Nvith 2 C.F,R� § 200.321(as set lboh in detail helow),applicable ledet°al and state
laws and regulations to crisin-e that the DBE's have the oPpoiltinity to compete fbi. and
liert,61-111 conti-acts. T'he County and the Conti-actm and subcoliftaoms shall not disct-irnirlale
on the basis of,nice, coloi-, national origin or sex in the: award and pel-fim-nlancc of,colitt'acts,
enteI-ed put-suant to this Agi-een"ient.
2 CF,R,_§. �i WITIj SMALL AND MINORFFY 11()SIN FISSEX
CONTRACTIN(
..............
WOMY"N'S BUSINESS FNI't"RPRISFS. AND LABOR Sl.JRPLUS ARFA FIRMS
I It' the Contmoot', with the Funds aUthmized by this Agreement, seeks to
subcontract goods or- services, llicn, in accoMance with 2 CF,R. 200321, the Coiln,actot- shall
take the 1'ollovving affinnative steps to assure that minorn), bLlSineSSeS. wonlen's business
enterprises. and labor surpILIS at-ca finils ate used whenevet, possible,
2. Al"firmative Stej)S IIHISt inCILICIC:
a) Placing qualified small all([ minmity` businesses and wonien's business
enterpt-ises on solicitation lists,
b,) Assuring that sniall and minority businesses, anti women's business enterlInses
are solicited whenevet- they are potential SOUNeS-1
C) Dividing total reqUir,ements, when economically feasible, into smaller tasks or
qUantitics to pumit maxiiiiiini par-ficipation by sniall ainntl minor-ity businesses, and wonlen's
bLISifleSS enterpfises,
18
Tranquillity Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
d) F'stablishing delivery schedules, where the requirement permits, which encourage
participation by sinall and minority businesses, and wooer's business enterprises:
C) Using the services land assistance, as appropriate, of such organizations as the
Small lr lusiness Administration and the Minority 13USIneSS Developnient Agency of" the
Department ofCon-inlerce,
0 Requiring, the Prinic contractor, if Subcontractor are to be let. to take, the
affirmative steps listed in paragraph (a) through (,I) Of this Section,
(I L,_Ver f .S Me ILI Beginning Jantlal-Y f, 2021, in accordance with F'.S 448.095, tile
Contractor and any subcontractor shall register with land shall utilize the UlS. Departnictit
of I loniefand SeCLU'lly'S E-Verify system to verify, the work aUthOrization Status Ofall nee
employees hired by the Contractor during the term of the Contract and shall expressly
requirc any Subcontractors performing work or providing services p)UrSLUAIlt to the Contract
to like"ise utilize the I-I.S. Department of I lorrieland SUL11-it)"S I"-VCI'i(NI systern to verify
the work authorization Status of all new employees hired by, the subcontractOr dUrilIg (11C
Contract lerril. Any subcontractor shall provide all affidavit stating that tile subcontractor
does not employ, contract with, or SUI)COutract with an unauthorized alien, The Contractor
shall coniply with and be subject to tile provisions ofF.S. 448.095
The Contractor understands and agrees that any cost
resulting CWT11 a change or modification, change order. 01' C0FIStrUCIiVC Change Of the
as ,reellient ITILISt be Withill tile Scope of any Federal grant or cooperative agreement that may
fund this Project and be reasonable I'or the completion oftlic Pro'ject. Any contract change or
modification. change order or constructive change ITILIst be approved in writing by both the
COUNTY and Contractor,
Q t),r1ollilbItion on certain telccornnIUIIiC�WiOflS arlid vidcol surveillance services oi-
set forth in 2 Cf,.R S, Recipients and subrecipients and their
contractors and subcontractors may not obligate or expend any<< Federal funds to (I) Procure
or obtain, (2) f`xtend or renew a contract to procure Or obtain-, or(3) Enter into, a contract for
extend or renew as contract) tea procure or obtain eClUipment, services, or systems that uses
covered teleconinrunicatiotis equipment or services as a Substantial or essential component o(*
any systern, ter as critical technology as part ofany systeni. As described in Public La\,v 115-
232., section 889, covered telecoinniunications equipment is (CleC0ll1u1UI'liCUti0nS eqUiptnent
produced by I fulavvei Technologies Company or TH" Corporation (or ally subsidiary or
affiliate of such entities),
(i) For the purpose OfpUblic safety. security ot'governnient ('acilities, physical security
surveillance ot'crifical infrastructure, and other natiOlIal SCCUrity purposes, video)
surveillance and teleconinlUllications eCjLIipnlCrlt produced by Hytera COMITILIniCati(HIS
Corporation, I langzliou I likvision Digital Techriology Company,or Dallua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) TelecornIllUlliCatiOnS or video SUrVe i I lance services provided by SLICII elltifieS or
Using Such cqujpjjleflt.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that (lie Secretary of Defense, in consultation with the Director of
19
Tranquility Bay Adult Day Care Corp (Marathon)
Agreement #TBMAR 23-24
the National Intelligence or the Director f the Fecteral 131.11-CaLl OfAnVCStigati011,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the
government ola covered foreign COLIrItry.
R. Do prri tic��S--pre rye re lice for procurements as set fir,)rth in 21TR '200.322. 'File
COUNTY' and CONTRACTOR should, to the great extent practicable, provide a
J)NferetlCe for tile purchase, acqUISM011.1 Or use ot'goods, products, or materials
PrOdLICCd in the United States (Including hut not limited to iron. ah.1111int.1111. steel,
cernetir, and other 111anUf4etUred products). These reqUil-CIIWI'AS Ol'thiS SCCtiOII IIIUSt be
inelUded in all subawards including contracts and purchase orders fiii,Nvork or prodLICtS
under federal award, 1"Or 1RUPOSCS Ot'thiS Section:
a, -Produced in the United States*" means, for iron and steel products, that alll
111,111I.IfiActUring processes, fi-orn the initial melting stage througfr the application of*
COatingS, occurred in the United States,
1). "MarnIfilctUred products" iricans items and construction tri,aterials composed in
whole or in part.ot'non-leITOLIS 111(1131S SUCh ,IS 81tirninurn; plastics and polymer-based,
products such as polyvinyl chloride I)il')e, aggregates such as COnCrCtC1- glass, including
optical fiber: and lumber.
C,I gIIjj,!!ia1 cc With l"ederal Law,. )qtiltio , andl P"NeCiAtiVC ()rders. ']'his
-!ZgL ris
is ,III acknoMedgenient that ITNIA financial assistance may be used to
Rind all or a portion of the contract, The contractor will comply will all
applicable 1ederal lava, regUlatiOnS, eXCCLItiVC orders. FLIMA policies.
procedures, and directives.
L N 0 li gation 1) Fecleral Government. The Federal is not a party
q.. b
to this contract and is not Subject to any obligations or liabilities to the COUNTY/non- Federal
entity. contractor, or any other party pertaining to arty matter resulting fi-0111 the contract.
Prograrn F'raud and l'alse ()I- F'raudu lent Statements or Related Acts, Flic
- .......... I ......
contractor ack no vv,ledges that 31 U.S,(.. Chap, 8 (Administrative Remedies fear I alse
Clairris and Statements) applies to the contractor's actions pertaining to this contract,
I I VITIAL RL-I'VIEW - ']'his agreement has been carefully reviewed by (lie Contractor carrot
MtIic
COLUIty. Therelore, this agreement is not to be construed against any party on the basis ol'authorship,
33. RIGHT TO AUFAT --- ArVALLA.1.31LITY 01: RECORDS, The records of' the parties to this
Agreement relating to the ProjCCL Which Shall include but not be, limited to accounting records
(heard copy, as well as COITIPLIter readable data it' it can be made available; subcontract files
(including proposals of successfirl and unsuccessful bidders,' bid recaps, bidding instrUCtiOnS,
bidders list, etc,); original estimates; estimating work sheets; correspondence; change order files
(including dOCUrnentation covering negotiated settlements); back charge logs and supporting
docurrientation, general ledger entries detailing cash and trade discounts earned, insurance rebates
and dividends; any other supporting evidence deemed necessary by ('01.111ty or the Monroe County
Office of the Clerk of Court and Comptroller (hereinal"ter referred to as "County Clerk") to
20
•
Tranquility Bay Adult Day Care'.Corp.(Marathon)
Agreement #TBMAR 23.-24
substantiate charges related to this agreement, and all other agreements, sources of information
and Matters that.may in County's.or the County Clerk's reasonable judgment have any bearing on
or pertain to any matters,rights,.duties,or ob.ligationS.under or covered by any contract document
(all foregoing hereinafter referred'to as".Records")shall'be open to inspection and subject:to audit
aid/or reproduction by County's representative and/or•,-agents or the County Clerk. County or
County Clerk may also conduct verifications such as, but not .limited to, counting employees at
the.job site, •witnessing the distribution of payroll, 'verifying payroll .computations, overhead
computations, observing vendor and supplier 'payments; miscellaneous allocations, special
Charges, verifying information and amounts thiough interviews and written confirmations with
•emp loyees, Subcontractors, suppliers,.and contractors' representatives. All records shall be kept
for ten (10) years after Final Completion of the ['roject. The County Clerk possesses the
independent authority to conduct an audit.of Records,assets,and activities relating to this Project:
If any auditor employed by the Monroe County or-County Clerk determines that monies paid to
Contractor pursuant to this Agreement Were,spent for purposes not authorized"by this Agreement
or were wrongfully retained by the.Contractor,the Contractor shall repay the monies together with
interest Calculated.pursuant to Section 55,03, 1 S:, running from..the date the monies were old to
Contractor.The right to audit provisions survives the:teenninatiion of expiration of this Agreement.
WITNESS WHEREOF the parties hereto have executed this.Agreement on the day and date
.first written above and it is deemed an original contract,
Tranquility Bay Adult Day Cure Coif Monroe.County Board of County Comniissioiiei;
Lucy Cruz,President
, hi f Y OR
,4023-0
� ,ARK
r�
Date. Cm Gj 0 ) 3.
btia; k. (. W
,MkF e'J'xV ,.' q
t: Kevin Madok, Clerk
j\A LA j
•
Approved as to form and legal sirtfciency By: O,A (f�
Monroe County Attorneys office y
Christina'Cory,Assistant County Attorney Deputy Clerk .
rrl 0
Po,
21 • 'so, 173
., I DATE IMMfDeIYYYYI
Ac"R" CERTIFICATE OF LIABILITY INSURANCE 10/02/2023
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 CERTIIFICATE,HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pvlicy(Ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROOATIION IS WAIVED, subject to the terms and conditions of the policy, certain poliicies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in Ilea of such endorsement(s).
PRODUCER CONTACT
- Midiaii Gomez Esquiroz.
Sebanda Insurance Corp (305)665-0016 __..... -.. lPa..N�1 (888)979-8772
PHONE
6401 Bird Road E"MAIL
vREss, info sobal�d�ainsura nice.com
Av
_.—..._._IN9 SLAFfORdI.NG OVERAGE ....NAIC dt
MIAMI FL 33155-4825 INSURERA: Nautilus Insurance Company 17370
......... ........ _......-
INSURED INSU'RERB. Progressive Express Insurance Company 10193
TRANQUILITY BAY ADULT DAY CARE OF MARATHON,CORE INSURER C:
11524 Overseas Highway INSURER D
INSURER E;
Marathon FL 33050 ...INSURERF
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.
" ISUBR
.INSR LTR ...,.... ,,..,,,,,, . POLICYEFF... POO.ICY
,EYP - ----. --LIMITS ----. ----.TYPE OF INSURANCE
NSO WVD POLICY NUMBER MMIDDIYYYY MMIDDlY'rYY
COMMERCIAL GIENERALLIA.BrUTY EACki'..00CURRENCE 5 1.000.000
r ...........
CLAIMS-MADE 1 � OCCUR i DAMAGE (R'.ENTEO
PREMISES LA,gg!4KrtflgW S 100.000
MED EXR(Any one person) 5, 5.000
— — — —.. ..._......_. .. ----. . .... ....... ...-- -
A Y UAAGI-I 07/26/2023 07/26/2024 PE REONALSADViNJURY S 1.000.000
.._.._.._ _ ....., ......_.._.— —
GEN`L AGGREGATE LIM)TAPPLIES PER. ! GENERAL AGGREGATE .,,.5 2.000.000
- PI'iO. ...... ... .. .....__. ..... ..... ---
PoucY P` C..._� LOC ELgRUCTS-COMPIOP'AGG S 2.000.000'.
Ol HER
AUTOMOBILE LIABILITY COMBINED SBNGLE LIMIT 5 300,000
IEa&cc�denl}
ANY AUTO BODILY INJURY(Per person) S
OWNED - $CI-IEUULED
A AUTOS ONLY Ai 9739225/8 0912912023 09/29/2024 BODILY INJURY(Per accident) S
HNREC7,. NON-OWNED PROPERTY DA,MA�GE-_ AUTOS ONLY .. AUTOS ONLY deer accudenV_I ---___--._ ..$
PIP $ 10.000.
UMBRELLA LIAR OCCUR APPROVED BY RISK;MANAGEMENT' EACH OCCURRENCE S
...EXCESS L:IAB .. _ '�.
CV.A,OMS-MADE. BYi4:'�.�... ,~X'"A--��r' AGGRLf A.r.l=........... ...... S —
0L-t7 RETENTION'S DATE��r 'S
WORKERS COMPENSATION � LPER STATUTE �y�H..
AND EMPLOYERS"LIABILITY WAIVER N/A�YES
YIN
ANY PROPRIE`rC,RiPART'NER/EXECUT'VVE E.V..EACH ACCIDENT S
OFF=ICERIMEMBER EXCLUDED? N 1 A ---_n_..._.......,....._-a..__... .............
IMandaiory in NH) E.L.DISEASE-EA EMPLOYE S,
D1 yes,describe under ......... .....'.. ....' .
ESCR.IPTIO�N OF OPERATIONS b0ow E.L.DISEASE-POLICY LIMIT �5
JA
ual Abuse or Molestation Each occurrance $100.000
Y UAAGI-I 07/2612023 O7/26/2024 Annual Aggregate Lin $300.000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101,Additional Remarks ScheduIe,may be attached it more space is required)
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY AND VEHICULAR LIABILITY IF REQUIERED BY
WRITTEN CONTRACT.
VIN JN8AE2KF`4G9151106
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.
1 100 SIMONTON STREET AUTHORIZED REPRESENTATIVE
KEY WEST FL 33040
1988-2016 ACORD CORPORATION. All rights reserved..
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
TRANQUILITY BAY ADULT DAY CARE CORP(MARATHON)
11,524 OVERSEAS HIGHWAY, UNIT 3
MARATHON,FIL 33050
PH. 305-440-2398
September 1, 2023
'foa Monroe County Social!,Services,
My name is,jAU Cruz and l am the owner of Tranguility Bay_Adglt Qp..y Care Coro(Marathon). 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 9/1/2023, is exerript from the
Workers Compensation Insurance requirement. I will contact Monroe County with my Worker's
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, Presildent
State of—.Florida--,County of Monroe
l, eMAMA0 \[6U(k,'k,0 do herebconfirrn that on this 2�3 day of appeared
before me in person , known,to be the person(s)who executed the
preceding document.
(P
Notary Pubilo State of Florida
"a of.n
Ft'oardo V c-'-mr"'on HH 388
'
�j 120
rdo Valeton
N to y Public In and for the State of Florida
ttl My clmrssion HH 338a26
My commission expires, Expires V27/2027
(seal)
2018 I'difilon
MONROE COUNTY, FLORIDA
REQOEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the Counly's Schedule of Insurance
Requirerrienis, be waived or modified on the following contract.
Contractor/Vendor: -Lrg-rm-j
Project or Scrvice: ............
Contraclor/Vendor
Address& Phone 11524.0der e�@ jil"h. gy.,#3 N�a%ftqn LQ3qQ 39.5 A Q-Z, 9
General Scope of Work: Provision of Faci ljty�,Based Respite
Reason for Waiver or
Mudification:
Worker's Compensation needs to be waived as drere are few,er than 3 employees,
Poli6cs Waiver or
Modtficanon will apply to in all ag eeryients,between 16 and BOCC—wi—th.MOW,12—
jnttgnjtjificaticq) _ss/insu an, fnApfgffLepq,.
Signature ofcomractor/Vendor:
Date: Approved Not Approved
Risk Management Signalture;
----------
Dare: 100/20, ,
Counry Administrator appeal:
Approved Not Approved:
Date:
Board OfCOLInty C011111&SiOrrerg appeal:
Approved: Not Approved:
Meeting Date:
Administrative histuiction 75003
104