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HomeMy WebLinkAboutItem O5 05 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting July 16, 2025 Agenda Item Number: 05 2023-4231 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Cathy Crane N/A AGENDA ITEM WORDING: Approval of a primary contract with Star of the Sea Foundation, Inc. (SOS), with the highest ranked proposal for services resulting from Monroe County's formal competitive solicitation for Food Service Meal Catering for the Senior Nutrition Program (RFP-592); Funding is through the Older Americans Act; the initial term of the agreement is 7/16/2025 through 6/30/2026. In addition, the Community Services Department requests that BOCC waive a slight or immaterial variation in the notary blocks within the proposal. ITEM BACKGROUND: In January 2025, the BOCC granted permission to advertise the Request for Proposals for Food Service Meal Catering for the Senior Nutrition Program, RFP-592. The proposal opening date was on June 23, 2025. Two (2)proposals were received. The Selection Committee Members consisted of Jenna Tuttle, Sr. Administrator- Operations, Kim Wilkes-Wean, Sr. Administrator of Fiscal&Program Compliance, and Matt Massoud, Senior Planner in Emergency Management. The Selection Committee held a Hybrid In-Person & Zoom public meeting on June 25, 2025 to analyze and rank the proposals. Star of the Sea Foundation, Inc. was selected as the highest ranked, responsible and responsive bidder, and qualified for a local preference in accordance with Section 2-349, Monroe County Code of Ordinances. Thus, SOS is recommended for this primary contract. The Agreement will commence on July 16, 2025, and terminate on June 30, 2026; with the option to renew for five (5) additional one (I)-year intervals, as more specifically provided in the Agreement. PREVIOUS RELEVANT BOCC ACTION: Item C14 approved by BOCC on 1/15/2025 -Permission to advertise RFP. Item C27 approved by BOCC on 6/18/2025 - Extension of existing SOS catering services contract to facilitate completion of this competitive solicitation process. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: 4405 GPJ 7/1/25 -Added COI STAFF RECOMMENDATION: Approval. DOCUMENTATION: SOS Signed Contract.pdf Social Services - 2025 Caterer RFP (FINAL).pdf ADDENDUM NO. I (FINAL).pdf SOS Response to R-FP-592.pdf OAA Contract 2529.pdf 1st Amendment to OAA Contract 2529—02—19—2025.pdf 2nd Amendment to OAA Contract 252904162025.pdf Final Scoring Sheet.pdf 2025 06 COI Star of the Sea Foundation exp 1.31.26 signed AL & GL only.pdf C27—Star of the Sea Foundation, Inc..pdf FINANCIAL IMPACT: The Alliance for Aging, Inc. Standard Contract, OAA Contract Number 2529 (along with Amendments I & 2)provide grant funding for this service contract. 4406 AGREEMENT between MONROE COUNTY,FL and STAR OF THE SEA FOUNDATION,INC. for FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGRAM Primary Contractor TFUS AGREEMENT is made and entered into this—day of 202____, by and between the Monroe County, Florida, a political subdivision of the State of Florida, with principal offices located at 1100 Simonton Street,Key West,FL 33040(the"County")and Star of the Sea Foundation, Inc., a Florida non-profit corporation with principal offices located at 5640 Maloney Ave, Key West, FL 33040 (the "Contractor") to provide food catering and associated services consistent with the Monroe County Request for Proposals RFP-592 entitled,"Food Service Meal Catering, Senior Nutrition Program,Monroe County,Florida." Now therefore,in exchange for good and sufficient consideration,the parties hereby agree to the following terms and conditions: 1) The Contract Documents The contract documents consist of this Agreement,Monroe County Request for Proposals RFP-592 and Addendum No. I thereof, Contractor's Response to the County's RFP-592, and Contract Number AA2529 (Older Americans Act ("OAA") — Standard Contract between Alliance for Aging, Inc. and Monroe County, Florida), and subsequent grant agreements reflecting OAA annual funding awards to Monroe County, Florida. These contract documents form the Agreement, and all are incorporated herein as if set forth in fall.In the event of a conflict between the aforementioned documents,the applicable grant contract with the Alliance for Aging, Inc., will control, followed by this Agreement and any duly executed amendments hereto,followed by the RFP-592 and its Addendum No. 1, and then Contractor's Response to the County's RFP-592, in that order. Any ambiguities contained in any of the referenced document herein are to be resolved in favor of the County. 2) The Work/Services The parties aclmowledge that this food service contract must be submitted and approved by the Alliance for Aging prior to implementation. The Contractor must perform all work for the County required by this Agreement,and as set forth below: a) Contractor will furnish all labor,materials,and equipment necessary as the pdmary contractor on an as-needed basis, and as requested by the County, in accordance with the terms and conditions stated in these contract documents. b) In addition,upon request by the County,Contractor must provide sample meals to the County intended to be used for the Nutrition Program for the purposes of quality control, within a timeframe agreed upon by both parties. If new items are introduced into the menu,a sample must be provided to the Nutrition Program and tested prior to using it in meal service. C) Menu plans proposed for the Nutrition Program must be approved by the Program's Registered Dietician,the Nutrition Program Director,and the Alliance for Aging, Inc., as the final menu prior to implementation- Menu plans, as approved,must be adhered to. Page I of 15 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 4418 4419 4420 4421 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGRAM MONROE COUNTY, FLORIDA © 18 23 o 4 � F dos � E CpUTY 1N 'C�` BOARD OF COUNTY COMMISSIONERS Mayor James K. Scholl, District 3 Mayor pro tem Michele Lincoln, District 2 Craig Cates, District 1 Holly Merrill Raschein, District 5 David Rice, District 4 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Sr. Director Social Services Department Kevin Madok Sheryl L. Graham May 2025 PREPARED BY: Monroe County Social Services Department 4422 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Monday, June 23, 2025, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: REQUEST FOR PROPOSALS FOR FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGRAM MONROE COUNTY, FLORIDA *Nutrition Programs are funded pursuant to the Older Americans Act of 1965 (Nutrition Program for the Elderly) (Pub. L. No. 89-73). Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.flori_publicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County's electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecouniy fl.gov/BonfireBids. The Public Record is available upon request. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com,no later than 3:OOP.M. on Monday, June 23, 2025. There is no cost to the bidder to use the Bonfire platform. Questions regarding this RFP must be transmitted in writing to Lourdes Francis and Jonathan Cline;Address: 1100 Simonton Street, 1-190,Key West,FL 33040;Email francis-lourdesLci).monroecounty- fl.gov, and cline-ionathanLci)monroecounty-fl. ov,respectively. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents,including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days (from bid opening date), whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered in Bonfire,the bid amount listed in the "Proposal Form"provided by Monroe County in the RFP is the amount that will be utilized by the County when considering the bid proposal. The County reserves the right to waive any proposal/bid irregularity. The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M.,on Monday,June 23,2025. You may call in by phone or internet using the following: Join Zoom Meeting ljlq //��s:Ire,oc z�r�rm�a�/j/4 54)°?�20 a.�0 Meeting ID: 4509326156 One tap mobile: +16465189805„45093261564 US(New York) +16699006833„45093261564 US(San Jose) Dial by your location: +1 646 518 9805 US(New York) +1 669 900 6833 US(San Jose) Publication Dates Keys Citizen: Thur.,05/22/2025 Keys Weekly: Thur.,05/29/2025 Miami Herald: Fri.,05/23/2025 4423 REQUEST FOR PROPOSALS FOR FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGRAM MONROE COUNTY, FLORIDA TABLE OF CONTENTS SECTION PAGE Part 1 — Scope of Services ............................................................................ 2 Part 2—General Terms & Conditions ............................................................... 11 Part 3 —Special Terms & Conditions; Mandatory Federal Clauses............................. 18 Part 4—Requirements & Instructions for Submission of Proposals............................ 30 Part 5 —Evaluation of Submissions & Contract Award.......................................... 34 Part 6—Required Forms.............................................................................. 37 Part 7—ATTACHMENTS Attachment 1 - Sample Menu................................................................................. 54 Attachment 2 - Beverage and Condiment List.............................................................. 55 Attachment 3 - Supply List....................................................................................56 Attachment 4 - Food Specifications and Nutritional Analysis............................................ 57 Part 8 — Sample Agreement................................................................................... 58 1 4424 PART 1: SCOPE OF SERVICES 1.1 INTRODUCTION/STATEMENT OF PURPOSE The purpose of this food service proposal is to establish an agreement with a Food Service Provider for the purchase of Food Catering Services for the Monroe County Social Services ("MCSS") Nutrition Program (hereinafter referred to as "Nutrition Program"). The County's intent is to award two (2) contracts with the primary contract being awarded to the highest ranked responsive/responsible respondent and a back-up contract being awarded to the second highest ranked responsive/responsible respondent. At the county's sole discretion, the County may also choose to award just one (1) contract to the highest ranked responsive/responsible respondent without the need for a back-up contract. The agreement(s) will be awarded for a period of one (1) year beginning July 1,2025,until June 30,2026,with the option to renew for five (5) additional years on a year- to-year basis,beginning July 1,2026. Such renewals shall be contingent upon the availability of funds, approval of the Monroe County Board of County Commissioners (BOCC), the Alliance for Aging, and satisfactory performance by the Food Service Provider as determined by Monroe County. By submitting its proposal, the Provider agrees to furnish the meals in accordance with the Attachments of the Agreement and at the prices therein specified, to clients participating in the Older Americans Act Title IIIC,Nutrition Program. Meals are to be provided at each of the specified sites in Key West,Big Pine Key,Marathon, and Key Largo.During the next six (6) years, the County, in its sole discretion, may open additional meal sites. The awarded Food Service Provider must be able to meet any increased need of the County, and serve meals at an additional meal site, if opened. The MCSS Nutrition Program is funded pursuant to the Older Americans Act of 1965 (Nutrition Program for the Elderly)(Pub.L.No. 89-73).Funding that supports this procurement is subject to the regulations issued under 2 CFR Part 200, among other state and federal laws and regulations, as further detailed herein. 1.2 GENERAL REQUIREMENTS AND INFORMATION Food Services are to be provided under specifications for use by the Nutrition Program, primarily through a Federal Grant under Title IIIC of the Older Americans Act. The purpose of this request for proposals is to establish the best possible service at the lowest possible cost for the planning, preparation, packaging, and distribution of meals. Only fixed rate agreements will be entered into. The Nutrition Program will reimburse the Provider for the actual number of meals delivered at the approved rate. The Nutrition Program reserves the right to inspect Provider's (caterer's) facilities prior to any contract award or subsequent contract extension. 1.2.1. IMPORTANT: As part of the submission, all bidders must make prior arrangements with Lourdes Francis and Jonathan Cline, on behalf of the County, to ensure that samples of all meal types (frozen and shelf-stable)are available to taste either prior to or at the time of proposal openings. Additionally, bidders shall provide specifications of the disposable supplies and condiments as samples to ensure proper packaging. 1.2.2. It is the intent of the MCSS Nutrition Program to secure an agreement for the purchase of: A. Frozen and/or Fresh conereeate meals — approximately 75-100 meals currently provided per day, Monday through Friday; and B. Frozen and/or Fresh plated meals and all components, pre-packaged, five (5) meals per week/per client, for home-delivered meals — approximately 250-300 currently provided per week, Monday through Friday; C. Shelf-stable emergency meals(ready to eat)to be delivered within 24 hours as requested by MCSS, as needed—approximately 200 cases, five (5) meals per case, for an approximate minimum of 1,000 emergency meals yearly; D. Provision of fresh fruit for Congregate Meal clients at a minimum of two (2) times each week, and provision of other fruit items or fruit juice on the days fresh fruit is not provided; E. At present,the delivery shall be to the four(4)Meal Sites in Monroe County at the following locations: 2 4425 1. Key Largo- 101491 Overseas Hwy, Suite 4,Key Largo,FL 33037 2. Marathon- 535 33rd Street,Marathon,FL 33050 3. Big Pine Key- 179 Key Deer Blvd,Big Pine Key,FL 33043 4. Key West- 1400 Kennedy Dr,Key West,FL 33040 F. If Respondent is able to provide condiments, beverages, and supplies, these items need to be priced separately from the meal cost. These particular items are a mandatory requirement of these services. (See examples in Attachment 2.) G. The following list of equipment is currently available at the Nutrition Program Meal Sites, described above, which could be used by the Provider. All equipment is the property of the Nutrition Program (Monroe County,Florida), and may be used at Provider's own risk. 1. Refrigerators ............................................2 per site 2. Chest Freezers ..........................................6 per site 3. Upright Freezers........................................2 per site 4. Microwaves (small) ....................................1 or 2 per site 5. Blodgett(Zephaire) Convection Oven...............1 per site Please note that the existing warming equipment at the sites may not be compatible with all meal systems developed for the proposal. If present equipment is not adequate, suitable, or sufficient, it is the Food Service Provider's responsibility to provide additional equipment needed to ensure the successful operation of the program, at its cost. MCSS Nutrition Program equipment shall remain the property of Monroe County,Florida.The Provider is responsible for training the MCSS Nutrition Program employees in the use of the selected meal system including operating and maintaining any specialized equipment, instructions on heating and chilling of meal items, and any special requirements needed for the meal service. 1.3 GENERAL QUALIFICATIONS AND EXPERIENCE The Monroe County Board of County Commissioners shall make the award(s) to the lowest conforming proposal(s)by a responsive/responsible respondent. Proposals will be considered only from firms regularly engaged in the food catering service business who can produce evidence that they have an established record of performance for a reasonable period of time;have sufficient financial support,equipment,and organization to ensure that they can satisfactorily execute the services if awarded an agreement under the terms and conditions herein stated. The Provider shall need to demonstrate past performance in food services with the capability necessary to implement the nutritional and logistical aspects applicable to the MCSS Nutrition Program and the performance of the food service contract. This includes conforming and complying with the requirements of the Older American's Act Title RIC program regulations and all amendments thereof stated in the current edition of the DOEA (Department of Elder Affairs) Programs and Services Handbook, and all amendments thereof, and any relevant regulations of the State of Florida Department of Elder Affairs; the Older Americans Act; and the Alliance for Aging. The following information must be provided by the Provider to assess its qualifications and experience: A. The Respondent must provide a Table of Organization or Organizational Chart of its food service establishment,including its registration to conduct business in the state of Florida, and identification of the specific individual(s) to be assigned by the Respondent as having primary operational responsibility for operational control of the services described herein. B. The Respondent must provide copies of current licenses and certifications held by Respondent that are relevant to the services requested, and proof of all necessary licenses,business tax receipts, etc., for any out-of-county caterer/catering facilities. C. The Respondent must provide satisfactory evidence of its financial capability to carry out the requirements set out in request for proposals. D. The Respondent must provide satisfactory evidence of its capability to maintain a food service program to provide the average number of meals specified herein with/within fluctuations from — 50% to +50%. The respondent must give assurances of being able to deliver all meals in the quantities ordered. This means providing evidence of Provider's ability to supply approximately 50,000 meals annually, (fluctuations from —50% to +50%), consisting of unitized, pre-portioned entree-vegetable components, including frozen and fresh meals in accordance with the approved 3 4426 cycle menu (such as breads, 1% milk, vegetables, fresh fruit and other fruit items, salad, and juice, beverage, cream/substitute, condiments, and butter/margarine) over the agreed upon yearly contract period at no additional cost per meal;and,shelf-stable,non-refrigerated meals as mutually acceptable to the MCSS Nutrition Program and the Provider, over the agreed upon yearly contract period. Approximate numbers of meals served daily at each site are listed below: 1. Key West—approximately, 100-150 meals per day,including Congregate and Home- Delivered Meals; 2. Big Pine Key Nutrition Site—approximately, 15-30 meals per day,including Congregate and Home-Delivered Meals; 3. Marathon Nutrition Site — approximately, 15-30 meals per day, including Congregate and Home-Delivered Meals; and 4. Key Largo Nutrition Site —approximately, 25-50 meals per day, including Congregate and Home-Delivered Meals. E. Respondent must provide evidence of past experience in meal preparation, transport, and delivery, and the organization's operational capabilities (i.e. equipment,personnel, financial supports, etc.). 1. Meals.Respondent must demonstrate ability to use food/products that meet all U.S.Food and Drug Administration and U.S. Department of Agriculture regulations, as well as prepare the number and types of meals required, including the necessary refrigeration/freezing and required temperature for frozen meals. Frozen meals should provide labeling on the packaging,which includes: a listing of the food items contained within, the date the meal was prepared, shelf life, and instructions for storage and cooking. Frozen meals should be frozen solid; 20 degrees below zero(0)Fahrenheit. A Nutritional Analysis according to the standards specified in the most current edition of the Department of Elder Affairs (DOEA) Programs and Services Handbook must be provided for each type of meal provided. In addition, respondent must establish ability to provide other meals including shelf-stable meals,and some fresh food items,e.g.tuna, chicken,pasta,bean and vegetable salads,also shown in the Sample Menu in Attachment 1.These must be prepared,packaged, and delivered in a manner to ensure they are safe use including required temperature controls (not to exceed 41 degrees F)pursuant to the Florida Administrative Code (FAC), Chapter 64E-11, Food Hygiene, and specified packaging dates and shelf-lives, and the current edition of the DOEA handbook, Older Americans Act Program (Chapter 5). Easy-to-read instructions on preparation and use of meals must also be included. 2. Supplies&Labeling.Respondent must demonstrate ability to provide all meal sites with the supplies to be utilized with meals,i.e.plastic ware,cups,trays,etc., and supplies for MCSS Nutrition Program staff serving meals, i.e. gloves, aprons, hair nets (if applicable), and supplies required for cleanup, i.e. garbage bags, sanitizing agents, detergents, etc., of which are to be supplied by the Provider. Additionally, Respondent must describe its manner of providing frozen meals in packages that allow heating in convection ovens and microwaves.Respondent must provide examples of how all meals, frozen and fresh,are clearly labeled as to content,items and amounts specified,including safe serving expiration date(i.e. "safe for use until ")and must provide instructions for proper preparation, including heating temperatures and times to ensure heating or cooling to required FAC standards. Respondent must show that it has experience labeling meals for certain delivery dates (must be specified on meals, or meal packing box, and/or food delivery invoice). Respondent must demonstrate how meals used for distribution for home-delivery will be clearly identified so participants can follow the menu plan. Respondent must include examples of descriptions of items, components, serving instructions,including heating or cooling temperatures,and expiration dates.All printing on packaging must be labeled clearly with letters large enough to be read by the visually impaired and elderly. Providing detailed package instructions and information including number of units per case, shelf-stable pack, etc., is required by the MCSS Nutrition Program for proper reporting of number of meals served. Respondent must 4 4427 describe its use of meal containers, and related items such as packages for condiments, and delivery boxes. Such items must be completely disposable. Respondent must detail other supplies it uses as also disposable, such as flatware, cups,plates, table coverings, home-delivered meal containers, napkins, straws, paper towels, etc. See examples on Attachment 3. Sample supply lists will be consistent with Attachment 3 and must be included in the proposal. 3. Delivery. A description of the delivery system for the meals, such as the method of transportation (i.e. vans, trucks, etc.), type of containers for the food, length of time in transit(not to exceed four(4)hours for hot food), and assurance of proper temperatures for hot,between 140-165 degrees Fahrenheit,fresh,41 degrees Fahrenheit or below,and frozen foods, 20 degrees below zero Fahrenheit (as specified in the Florida Administrative Code(FAC),Chapter 64E-11,Food Hygiene.State and local fire,health, sanitation, and safety regulations applicable to the particular types of food preparation and meal delivery system used must be adhered to in all stages of food service operation relevant sections of Florida law and the Florida Administrative Code. Respondent must describe how meals are individually packaged, packed in secondary cases/containers, and transported in a manner,which assures maintenance of proper temperatures,quality, and condition of food and primary packaging. In addition, Respondent must describe how hot and cold food will be packaged separately, in a manner that will ensure temperature control during delivery and prevent contamination and spillage. The proposal should identify a specific employee position responsible for delivery and describe the delivery process,including specifying delivery days and approximate times at each required location. Evidence of a back-up delivery procedure in the event that one is needed should also be included. Delivery Specifications should include a statement of responsibility for the purchase and maintenance of food transport equipment. Respondent must demonstrate its ability to deliver at a minimum, one (1) week and one (1) day's supply of food to each of the service sites included herein, as well as provide one (1) weeks' worth of meals including, frozen plated meals and all components, pre-packaged, five (5) meals per week/client, to be used primarily by the Nutrition Program for home-delivered meal clients. F. Provider must demonstrate its day-to-day practical application of the laws and regulations pertaining to the food service industry,as well as describe its ability to perform research and special studies and provide technical assistance regarding significant changes in State and/or Federal Regulations and/or requirements, which could seriously affect the price and/or quality of specified items, method of doing business, and operations of the program. Examples of recent studies conducted by Provider and technical assistance given to clients should be described. 1.4 DESCRIPTION OF OPERATIONAL PLAN A. Respondent must provide detailed information on its operational plan to ensure that orders can be properly and adequately filled on a timely basis, and to meet the requirements set forth herein. Respondent must submit a proposed weekly delivery schedule that should be the same every week, and covers all meal sites, describes the weekdays on which the deliveries will be made, the time the service will be provided at each meal site. In all instances, except shelf-stable meals, the food will be prepared by the Provider,pre-portioned,and transported to the congregate locations where MCSS Nutrition Program Staff will receive them. The mode of catering shall be pre-cooked, or in the case of fresh meals, such as chicken and tuna salads, pre-plated, transported to the sites at prescribed temperatures,kept at prescribed temperatures at the sites, and served to the participants. Respondent must show proximity between meal preparation facilities to each meal site in Monroe County and other operational planning details to show Provider's ability to perform as required hereunder. At each site, Nutrition Program Staff will be responsible for receiving the food, taking temperatures, keeping the food heated and/or chilled at proper temperatures, serving the food, cleaning up, and home-delivery of food at safe temperatures. Respondent should include any and all information 5 4428 pertaining to its standard operating procedures that ensure safety and quality control of meals provided. B. Respondent must specify ordering quantities of frozen, fresh, and shelf-stable meals, the lead time required for ordering,and the procedure for substitutions must be clearly set forth in operational plan. The Respondent must describe its process for addressing supply substitution food items to be kept in case a substitution is necessary, and a description of how substitution items that are kept on site will be monitored to ensure all food items are used prior to the product's expiration date, sell-by date, or best-by date.Additionally,if the need to replace a meal arises,resulting from proper standards having not been met, the Provider agrees that the MCSS Nutrition Program is not required to pay for food not meeting the proper specifications. Provider further agrees that if a substitution is necessary,but Provider is unable to provide same pursuant to the requirements set forth herein, the Nutrition Program will procure food from other sources at the Provider's additional expense. This includes, but is not limited to,situations where Provider fails to deliver a meal or any portion of a meal,delivers food that was spoiled,out of date,or otherwise inedible. The MCSS Nutrition Program, Alliance for Aging,Inc.,and Florida Department of Elder Affairs may inspect the food used in meals to determine compliance with all specifications and to reject food not meeting said specifications; any food rejected for failure to meet specifications shall not be paid for by the Nutrition Program. C. Respondent must provide detailed information regarding a communication plan between it and the County. At a minimum, the Provider must provide a toll-free telephone number for communication with the MCSS Nutrition Program, and a designated authorized member of the Provider's staff who will be the County's main point of contact. Provider must describe how its staff will be available Monday through Friday during normal business hours for any questions or problems that may arise. Respondent must describe a method of communicating confirmation of deliveries, which at a minimum, must include a bill of lading and a packing slip. Respondent must detail a manner of ensuring proper credit for items delivered, as well as identifying and noting on the bill of lading unusable meals such as those that are defrosted or damaged or missing items. D. Respondent must provide a detailed description of its ordering practices, invoicing procedures, and terms of payment to subcontractors or outside service providers it will use to meet the needs of MCSS's Nutrition Program. The Respondent must include a statement describing the scope and nature of the Respondent's competitive purchasing practices, including bidding practices and any existing or proposed long-term agreements with sources of food and related suppliers. E. Respondent must describe its proposed record keeping and accountability with regard to invoicing, billing, and payment terms for all bills and statements to the MCSS Nutrition Program. Invoices, at a minimum,must clearly identify items delivered and theirprices,including,meals,component items such as, desserts, bread, butter, margarine, etc., beverages, and supplies; and provisions should be made for deducting costs of missing and/or damaged goods on the food service statement. F. Provider must demonstrate its ability to accept USDA donated bonus food and be prepared to accept USDA commodities in lieu of cash,if required. This involves a system of storage,transfer, loading, and delivery mechanisms as well as a system of billing and cost breakdown. G. Provider must demonstrate that funding from the Nutrition Services Incentive Program is used by the MCSS Nutrition Program to buy food grown in the United States. H. Respondent must provide a statement or other documentation that confirms its understanding and compliance with the following mandatory operational requirements that ensure quality control: 1. All food purchasing must be transacted in accordance with policies and procedures set forth in the DOEA Programs and Services Handbook, as may be updated and amended from time to time. 2. All foods purchased shall be of good quality and shall be obtained from sources which, conform to federal, state, and local regulatory standards for quality, sanitation, and safety. Food from unlabeled rusty, leaking, and/or broken containers or cans with side seam dents,rim dents, or swells shall not be used. 3. All foods used in the MCSS Nutrition Program for the elderly must meet standards of quality for sanitation and safety applying to foods that are processed commercially and purchased by the Provider. 6 4429 4. No food prepared, frozen, or canned in the home may be used in meals provided to the Nutrition Program that is funded with OAA Title IIIC funds. 5. Only commercially processed, frozen, or canned food, or food approved by the USDA and FDA may be used at the congregate meal locations and served by the MCSS Nutrition Program. 6. Foods that are frozen must meet applicable local, state, and federal standards. Equipment and methods for freezing must also meet these standards. I. Providers are encouraged to participate in methods,which will result in reducing meal costs such as group purchasing and buying in bulk, as long as such practices do not compromise the necessary food and food service-related requirements and standards specified herein. J. Respondent must provide sample menus with cost-effective pricing. The proposed menus must meet the following requirements, and include the following considerations: 1. Four (4) week menu cycle based on the seven (7) day Menu Sample provided in Attachment 1. However,menus are not limited to the items shown in the Menu Sample. Comparable menu cycles and samples may be presented. Menu planning must include appropriate portion size and identify which serving utensils are to be used for each food item. Serving size must be identified on each meal component. Food items within the menu must include meat, vegetable, fruit, and dessert groups that are different for each day of the week and different for the same days of each week. 2. All menus must be submitted for approval by the Program's Registered Dietician and Nutrition Program Director at least six(6)weeks prior to implementation. 3. Menu revisions will occur at a maximum of six (6) month intervals. New menu cycles will be adjusted whenever appropriate to allow for a variety in menus, to lower meal cost, to accommodate seasonal availability of raw food items, fresh foods, to reflect consumer preferences, but no less often than semi-annually and with approval of the MCSS Nutrition Program. 4. The special needs of older adults must be considered in all menu planning, food selection, and meal preparation. This includes but is not limited to restrictions for use of sodium (low sodium meals), sugar, and saturated fats. All menus must be consistent with the nutritional guidelines, analyses, and not exceed limits and standards as required by the DOEA. No single meal is to exceed the required amount of sodium, otherwise, an acceptable optional menu item must be offered. As such, creativity and adaptability of cooking may be necessary, including the use of alternative herbs, seasoning, and/or salt substitutes, as appropriate. This also requires knowledge of food and condiment content. 5. Menu planning should also consider religious, ethnic, cultural, and regional dietary practices or preferences of clients, if reasonable and feasible; a variety of food and preparation methods including color, combinations, texture, size, shape, taste, and appearance;seasonal availability of foods;availability of equipment for food preparation or meal delivery service; and budget.All foods must be prepared and served in a manner to present optimum flavor and appearance, i.e. "eye and taste appeal," while retaining nutrients and food value. 6. The meals provided must offer a minimum of 33 1/3 percent of the Dietary Reference Intake/Adequate Intake(DRI/AI)for 5 1+year-old adults as established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences. 7. Meal development and food preparation should comply with the Dietary Guidelines for Americans,published by the Secretary of the Department of Health and Human Services and the United States Department of Agriculture, as referenced in the DOEA Handbook. 8. Menus submitted by the Provider must be developed by a Licensed Registered Dietitian who meets all requirements and standards specified by the Older Americans Act, the Florida Department of Elder Affairs, the Alliance for Aging, Inc., and/or Monroe County. The Dietitian must provide a signed "Attestation Statement" shown in Attachment 4. Menus must include the name and title of the person who 7 4430 prepares/completes the menu and the name and title of the person who approves the menu. Menus must be developed using computer assisted nutrient analysis software to assure menu items are meeting the nutritional requirements and to act as back-up to the signed Attestation Statement. 9. Nutritional Analysis of food items must be available pursuant to the requirements of the Florida Department of Elder Affairs: 33 1/3 percent of the Dietary Reference Intake/Adequate Intake(DRI/AI)for 5 1+year-old adults as established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences,if one (1) meal is provided per day. The following nutrients are required to be analyzed for each component of each menu item: calories,protein, fat, fiber, calcium, zinc, sodium, potassium, vitamin B6, vitamin B 12, vitamin C, and vitamin A (vegetable- derived/carotenoid sources). Calories, protein, fat, fiber, calcium, vitamin B6, and vitamin C must be provided in adequate amounts daily. Vitamin A, vitamin B 12, zinc, magnesium, sodium, and potassium may be averaged over one week. Sodium may be averaged over one week;however,no one meal amount may exceed 1000 milligrams.It is recommended that fortified foods should be used to meet vitamin B 12 needs.Holidays and birthday celebration meals(two(2)or fewer meal types per calendar month)may be excluded from the nutrient analysis. 10. Menu plans must provide standard volume recipes with ingredient lists for a minimum of all entrees. Tested, quality recipes, adjusted to yield the number of servings needed, must be used to achieve the consistent and desirable quality and quantity of meals. 11. Emphasis should be placed on including a variety of dishes in the menus and meal cycles. An opportunity for choice should be available as much as possible and in accordance/pursuant to any standards promulgated by the Florida Department of Elder Affairs and/or the Local Area on Agency, the Alliance for Aging, Inc., and Monroe County. Economic feasibility will be taken into consideration. In addition, the Provider may be requested to provide meals for holidays,special events, and picnic items in place of regular meals at no extra cost. The Provider must work with the MCSS Nutrition Program to revise menus and meal procedures, as needed to ensure acceptable meal content and quality. 12. In addition to items indicated on the menus, if the respondent is submitting a proposal on condiments, supplies, and beverages, appropriate condiments including ketchup, mustard, salad dressings, lemon or lemon juice, tartar sauce, etc. shall be served to accompany the menu. These supplemental items must be priced separately as add-ons. Sample Supply List provided in Attachment 3. 13. Substitutions must be minimal, but are allowed under the following conditions: they must be from the same food group and provide equivalent nutritional value.For example, a fruit high in Vitamin C must be substituted with another fruit high in Vitamin C. Additionally, seasonal fruit may be substituted for canned fruit. There may be no deviation from portions specified.Items used as substitutes should be the closest possible to the food(s)replaced e.g.a non-meat dish like macaroni or eggs should not be replaced with a meat item. Also, consideration must be given to the meal served the day before the substitution and the meal to be used the day after the substitution. Items similar to those used in these meals should not be used, as substitutes e.g. do not serve a pasta or fish or ground meat dish on consecutive days. K. Respondent must demonstrate its ability to meet the following standards for sanitation: 1. Respondent must provide copy of three (3) most recent appraisals/inspections (with at least one in the previous six(6)months)of the Provider's food preparation facilities and storage sites conducted by the Florida Department of Health in Monroe County, if applicable, and comparable evidence of inspection from such agencies as the Florida Department of Business and Professional Regulation, the United States Department of Agriculture, and/or the resident County Health Department. The MCSS Nutrition Program, the Area Agency on Aging, and the Department of Elder Affairs reserve the 8 4431 right to inspect the food preparation and storage areas of the Provider's catering facility. The inspection reports of the Provider's facilities must include areas related to food preparation,packaging, and storage. If awarded a contract,Provider must agree to have an inspection conducted at least once annually by the MCSS Nutrition Program and/or funding source agencies. 2. Respondent must provide a written, documented, formal, food safety program or sanitation program within the facility or facilities that serve the MCSS Nutrition Program which meet or exceed the minimum requirements of Federal, State,municipal, or other agencies authorized to inspect or accredit the food service operation. 3. All staff working in the preparation of food must be under the supervision of a person who is duly trained and will ensure the application of hygienic techniques and practices in food handling,preparation, and service. This supervisory person must be required to consult with the Provider's Registered Dietician to achieve the highest level of sanitation required by law. 4. During the pendency of this request for Proposals and any awarded contract term commencing thereafter,Respondent must submit to the MCSS Nutrition Program copies of all health inspection reports within twenty-four(24)hours of receipt.The food service Provider must not have had any temporary or permanent closures, Administrative Complaints regarding food safety, or twelve (12) or more high priority/significant findings on sanitation inspections within the past twelve(12)months,beginning January 1, 2024. Provider must provide a copy of the written plan of correction for any high priority or significant findings on sanitation inspections. L. Respondent must demonstrate ability(and describe its plan)to supply shelf-stable emergency meals pursuant to the following conditions: 1. At the beginning of hurricane season (starts June 1st of every year) the Provider must describe how it will supply approved shelf-stable (at least three (3)-month shelf-life, preferably one (1)-year) meals requiring no cooking, heating, or refrigeration. Respondent must describe how it will deliver such meals in the amounts specified (approximates only)to the following locations: (1) Key Largo, MM 101, 101491 Overseas Highway, suite 4, Key Largo, FL 33037— 100 boxes each containing five (5)meals. (2) Marathon, 535 33rd Street,Marathon,FL 33050—50 boxes each containing five (5) meals. (3) Big Pine Key, 179 Key Deer Blvd,Big Pine Key,FL 33043—50 boxes each containing five (5) meals. (4) Key West, 1400 Kennedy Drive, Key West, FL 33040 — 200 boxes each containing five (5) meals. NOTE:MCSS Nutrition Program reserves the right to increase or decrease the number of delivery sites. Quantities of shelf-stable meals may be increased or decreased at the request of the MCSS Nutrition Program.Due to any emergency situation,Respondent should describe its flexibility in making deliveries within a certain time period and a schedule. 2. In the event of a major disaster affecting Monroe County, the MCSS Nutrition Program may need additional meals and support items. The Respondent must describe how it plans to meet requests for increased services including delivery of meals, supplies, and equipment, if necessary. Arrangements for such eventualities,including quantities and schedules will be mutually arranged and agreed upon by the MCSS Nutrition Program and Provider. 3. Respondent must describe how it plans to ensure that shelf-stable meals will meet all standards applied to regular meal items, including provision of 33 1/3 of the RDA (Recommended Dietary Allowance) for older adults as specified in the most current requirements of the Florida Department of Elder Affairs Programs and Services Handbook,required Nutritional Analysis,and consideration of sodium and sugar content 9 4432 recommendations, consistent with all the requirements noted herein. Respondent must supply the MCSS Nutrition Program with descriptions,including nutritional analysis of its available emergency meals. 4. Respondent must describe how its proposed shelf-stable meals are easy to use, require as little preparation as possible, and can be housed in disposable containers. 5. Respondent may provide a description of any additional items included in its proposal that is not called for in these specifications. 1.5 COST AND PRICE DEVELOPMENT A. Providers must develop and submit a per meal cost based on the following: I. All Food Service Providers must submit a proposal for the entire program and service area as described herein. Consideration of all information and requirements referenced in this document including the estimated number of meals to be served annually, Condiment and Beverage List provided in Attachment 2, Supply List shown in Attachment 3, Nutritional Analysis Requirements in Attachment 4, number of meal sites, use of fresh food items and fruit on the menu,picnic lunches, special occasions, and emergency meals. 2. A per meal cost based on the per week average that includes transportation to the following four (4)Monroe County Meal Sites: 1. Key Largo, 101491 Overseas Highway, Suite 4, Key Largo, FL 33037 2. Marathon, 535 33rd Street, Marathon, FL 33050 3. Big Pine Key, 179 Key Deer Blvd, Big Pine Key, FL 33043 4. Key West, 1400 Kennedy Drive, Key West, FL 33040 Proposed Prices should include information on the percentage breakdown of the cost for meals including the following factors: labor, food, supplies, (including disposables), transportation, and overhead. If applicable, a per meal cost including the purchase of any equipment necessary for freezer, refrigerator, or chiller storage and oven preparation at the meal sites for frozen and fresh entrees, added components and beverages. This includes equipment such as, convection ovens, upright refrigerators, coolers, chest freezers, and ice machines. 1.6 SAMPLES A. Respondent must provide the County with the following samples as part of its response to this solicitation: 1. Provide a sample of the container in which frozen trays will be packed and shipped; and 2. Provide a shelf stable meal; and 3. Provide a packaged/plated frozen meal to be delivered to the Social Services Department, at 1100 Simonton Street, Ste. 1-190, Key West, FL 33040, to the Attention: Lourdes Francis and Jonathan Cline, the day before the opening of the proposals (June 23, 2025) or earlier. 4. If the Respondent, at its sole option, desires to provide a fresh/hot/cold meal for tasting by the Selection Committee, in addition to the meals described above, the Respondent may do so on the day that has been duly-noticed for the Selection Committee meeting. The Respondent will need to coordinate in advance with Lourdes Francis and Jonathan Cline for day-of delivery to 1100 Simonton Street, Ste. 1-190, Key West, FL 33040. 10 4433 PART 2- GENERAL TERMS & CONDITIONS THESE INSTRUCTIONS ARE STANDARD. MONROE COUNTY RESERVES THE RIGHT TO DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS. ANY AND ALL SPECIAL TERMS AND CONDITIONS THAT MAY VARY FROM THE GENERAL TERMS AND CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BIDS/REQUEST FOR PROPOSALS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. 2.1. Defined Terms Terms used in this contract document are defined and have the meaning assigned to them. The County will use the following definitions in its general terms and conditions,special terms and conditions,technical specifications, instructions to respondents,addenda, and any other documents used in the solicitation process. The terms may be used interchangeably by the County: IFB ,RFP or RFQ,Bid or Proposal. The terms may be used interchangeably by the County: Bidder, Proposer, Vendor, Seller, Consultant, or Respondent. The terms may be used interchangeably by the County: Contract, Award, Agreement, or Purchase Order, unless the context dictates otherwise. Bid: A price and terms proposal/quote received in response to an IFB or RFP or RFQ; this will be treated as an offer to enter into a contract. Bidder: Person or firm submitting a bid directly to the County as distinct from a sub-contractor, who submits a bid to the Bidder. This term may be used interchangeably with Provider, Proposer, or Respondent unless the context dictates otherwise. Contractor: Any person or firm having a contract with the county. County: Refers to Monroe County,Florida, a political subdivision of the State of Florida,or any of its authorized representatives pursuant to ordinance,resolution, or administrative code. Change Order: A written signed and approved document by the Board of County Commissioner, County Administrator, or other designee ordering a change in the contract price or contract time or a material change in work. Contract: A written agreement between two or more competent parties to perform or not perform a specific act or acts.Any type of agreement regardless of what it is called for the procurement or disposal of supplies, services or construction. Contract Manager: The County will designate a Contract Manager whose principle duties shall be liaison with awarded Proposer, coordinate all work under the contract, assure consistency and quality of awarded Proposer's performance, and schedule and conduct performance evaluations, and review and route for approval all invoices for work performed or items delivered. Highest Ranked Proposer: That Proposer,responding to a County RFP or RFQ,whose proposal is deemed by the County,the most advantageous to the County after applying the evaluation criteria contained in the RFP or RFQ. Interchangeable with Successful Bidder. Proposer: Person or firm submitting a proposal. This term may be used interchangeably with Provider, Respondent, or Bidder,unless the context dictates otherwise. 11 4434 Proposal: An executed formal document submitted to the county stating the goods and/or services offered to satisfy the need as requested in the request for proposal. Request for Proposals(RFP): A solicitation of the responses for prices and terms for procurement of goods and/or services for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined by the County. Evaluation of a proposal is based on prior established criteria which may include but may or may not be totally limited to price. Responsible bidder: An individual or business which has submitted a bid, offer,proposal, quotation, or response which, as determined by the County, has the capability in all respects to perform fully the contract requirements and the experience, integrity, reliability and capacity, facilities, equipment and credit which give reasonable assurance of good faith and performance. The County may also consider and give weight to the bidder's previous conduct and performance under previous contracts with the County and other agencies (including but not limited to delinquency), and determine the quality of the bidder's previous work. Responsive bidder: An individual or business which had submitted a bid, offer, proposal, quotation or response which, as determined by the County, conforms in all material respects to the solicitation which may include but is not limited to pricing, surety, insurance, specifications of the goods or services requested or any other matter unequivocally stated in the invitation for bids as a determinant of responsiveness. A lack of conformity in these matters which is nonsubstantive in nature may be considered a technicality or irregularity which may be waived by the County Commission. Successful Bidder: means the best,qualified,responsible and responsive Bidder to whom the County(on the basis of County's evaluation as hereinafter provided) makes an award. Interchangeable with Highest Ranked Proposer. 2.2. Bid/Proposal Forms 2.2.1. Solicitations downloaded from the Electronic Bidding System shall not contain any alteration to the document posted other than entering data in spaces provided or including attachments as necessary. By submission of a response, Bidder affirms that no alteration of any kind has been made to this solicitation. 2.2.2. To the extent the Bidder has provided any variance or exceptions, the Bidder must indicate any variance or exceptions to the bid documents no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 2.2.3. The bid forms must be used by the Bidder. Failure to do so may cause the bid to be rejected. The forms shall be submitted in good order and all blanks must be completed, as applicable. 2.2.4. The bid forms shall be signed by one duly authorized to do so and in cases where the bid is signed by a deputy or subordinate, the principal's proper written authority to such deputy or subordinate must accompany the bid. 2.2.5. Bids by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. 2.2.6. Bids by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature. 2.3. Sub-Contractors 2.3.1. Sub-Contractors Terms The Respondent agrees to bind specifically every sub-contractor to the applicable terms and conditions of the contract documents for the benefit of the County. 2.3.2. Sub-Contractors Agreement All work performed for the Respondent by a sub-contractor shall be pursuant to an appropriate agreement between the Respondent and the sub-contractor. 2.4. Qualifications of Bidders/Respondents 2.4.1. Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The County reserves the right to inspect the Bidder's facilities, equipment, personnel, 2 4435 and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement Official reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 2.4.2.No bid will be accepted from, nor will any contract be awarded to any person who is in arrears to the County, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to County, or who is deemed irresponsible or unreliable by the County. 2.4.3. As part of the bid evaluation process, County may conduct a background investigation including a record check by the County. Bidder's submission of a bid constitutes acknowledgment of the process and consent to such investigation. County shall be the sole judge in determining Bidder's 2.4.4. As part of the bid evaluation process, the County may conduct an investigation of references,including a record check and/or consumer affairs complaints. Bidder's submission of a bid constitutes acknowledgment of the process and consent to investigate. The County is the sole judge in determining Bidders qualifications. 2.5. Costs Incurred by Bidders All expenses involved with the preparation/and or presentation and submission of bids to the County,or any work performed in connection therewith,shall be the sole responsibility of the Bidder(s) and shall not be reimbursed by the County. 2.6. Permits,Fees, Certificates, and Notices (If Applicable) 2.6.I.All county, state or federal fees and permits shall be applied for and paid by the Bidder as necessary. Bidder must provide County with copy(s)of valid licensing by County or other governmental agency for this type of work. 2.6.2.It is the Bidder's responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration(if required) for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors)working on the project for whom a Certificate of Competency is required. 2.7. Penalties for Misrepresentation Any material misrepresentation in the Respondent's response could result in rejection of Bid, termination of the Agreement, or any other appropriate administrative sanctions and/or legal actions. 2.8. Restriction on Disclosure and Use of Data All proposals received by the County will become the sole property of the County. Confidential financial information obtained by the County from a Bidder is exempt from public disclosure to the extent allowed by law. 2.9. Exceptions to the Bid Bidders must clearly indicate any exceptions they wish to take to any of the terms in this bid, and outline what alternative is being offered. The County, at its sole and absolute discretion, may accept or reject the exceptions. In cases in which exceptions are rejected, the County may require the Bidder to furnish the services or goods originally described, or negotiate an alternative acceptable to the County requirements. 2.10. Specifications 2.10.1. The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point,shall be regarded as meaning that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. 2.10.2. For the purpose of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 2.10.3. Any manufacturers' names,trade names,brand names,information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Bidder may offer any brand which meets or exceeds the Specifications for any item(s). If bids are based on equivalent products, indicate on 3 4436 the Bid Form the manufacturer's name and catalog number. Bidder shall submit with his bid complete and descriptive literature and/or specifications. The Bidder should also explain in detail the reason(s)why and submit proof that the proposed equivalent will meet the Specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the County. If Bidder fails to name a substitute,it will be assumed that Bidder is bidding on and will be required to furnish commodities identical to bid standards. 2.10.4. If the model number for the make specified in the bid document is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bid form. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the County to determine if the model provided meets the County's requirements. 2.11. Addendum 2.11.1.If the Bidder should be in doubt as to the meaning of any of the bid documents,or is of the opinion that the plans, scope of work, and/or specifications herein contain errors, contradictions or reflect omissions,Bidder shall submit a written request directed to the County's designated Contact Person(s) designed herein to be forwarded to the appropriate person or department for interpretations or clarification. Interpretations or clarifications deemed necessary in response to such questions will be issued on official addendum. 2.11.2.The issuance of written addendum is the only official method whereby interpretation,clarification,changes or additional information can be given in relation to the Solicitation. If any addendum is issued,the County will attempt to notify all known prospective Bidders via the Electronic Bidding System. Addenda to the solicitation will be posted on the Electronic Bidding System. It is the Bidder's responsibility to check the Electronic Bidding System or contact the County's designated Contact Person(s)prior to the bid submittal deadline to ensure that the Bidder has a complete,up-to-date package,including all addenda. 2.11.3.No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing ten(10)or more business days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and,if issued, shall be posted on Bonfire no later than five (5)business days prior to the established Response opening date. 2.12. Prices Bid 2.12.1. Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extension or totals,unit amounts shall govern. 2.12.2. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 2.12.3. All applicable discounts shall be included in the bid price for materials and services and will be considered as determining factors in recommending an award in case of tie bids. Discounts extended to County shall include but not be limited to those discounts normally extended to governmental agencies as well as the private sector. 2.12.4. Chain discounts are not acceptable and will not be considered in determining an award. Bidders may bid only one (1) discount for each item on the bid form. Firm discounts and prices are to be quoted for the term of the contract. 2.12.5. Bidder warrants by virtue of bidding that prices,terms and conditions in the bid will be firm for acceptance for aperiod of ninety(90)calendar days from the date of bid opening unless otherwise stated by the County. 2.12.6. All prices quoted shall be F.O.B.destination,freight prepaid(Bidder pays and bears freight charges,Bidder own goods in transit and files any claims),unless otherwise stated in Special Conditions. 2.13. Examination of Bid Documents 2.13.1. Before submitting a bid,each Bidder must(a)examine the bid documents thoroughly; (b)consider federal, state, county, and local laws, ordinances,rules and regulations that may in any manner affect cost,progress, performance, or provision of the commodities and/or services; (c) study and carefully correlate Bidder's observations with the bid documents, and (d) notify the County's designated Contact Person(s) of all conflicts, errors, and discrepancies in the bid documents. Failure to familiarize himself/herself with applicable laws will in no way relieve him/her from responsibility. 4 4437 2.13.2. The submission of a bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the bid document, that without exception, the bid is premised upon performing the services and/or furnishing the commodities and materials and such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid documents, and that the bid documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 2.14. Modification and Withdrawal of Bids Prior to the due date, proposals may be retracted from the Electronic Bidding System. Retracting a response allows the Proposer to change all or part of the response that was previously submitted. Withdrawal of a proposal will not prejudice the rights of a Proposer to submit a new proposal prior to the proposal opening date and time. No proposal may be withdrawn or modified after the submission deadline has passed, except as authorized under specific circumstances (i.e. filing of a supplement to cure a slight or immaterial deviation as determined by the County Commission in its sole discretion,etc.). A Bidder may not withdraw his bid before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw his bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the County's designated Contact Person(s)prior to award of contract by the Monroe County Board of County Commissioners. If within twenty-four(24)hours after proposals are opened, and Proposer files a written notice with the County's designated Contact Person(s), stating sufficient grounds to withdraw its proposal,the County OMB Director,may allow withdrawal of proposal based on the following equitable factors: 1) the bidder acted in good faith in submitting the bid;2)in preparing the bid there was an error of such magnitude that enforcement of the bid would cause a severe hardship upon the bidder;and 3)the error was not a result of gross negligence or willful inattention. 2.15. Submission and Receipt of Bids To receive consideration,bids must be uploaded as of the due date and time. Unless otherwise specified,Bidders should use the bid forms provided in the bid document. Any erasures or corrections on the bid must be initialed by Bidder. All information submitted by the Bidder shall be printed, typewritten or filled in with legible pen and ink before electronic submission.Bids will be opened at a duly noticed public hearing. Bidders and the public are invited and encouraged to attend bid openings,but are not required. Bids will be tabulated and made available on the Electronic Bidding System for review by Bidders and the public in accordance with applicable regulations. 2.16. Review of Proposals for Responsiveness Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in this RFP. A responsive proposal is one which conforms in all material respects to the request to bid or request for proposals. Failure to comply with these requirements may result in a proposal being deemed non-responsive. 2.17. Selection Process The Selection Committee will evaluate all responsive proposals based upon the information and references contained in the proposals as submitted. The highest ranked Proposer resulting from this process will be recommended to the County Commission for award. The recommended Proposer may be required to appear before the County Commission to answer questions for contract award. In certain cases, as specifically outlined in the solicitation,the County may award two(2) contracts with the primary contract being awarded to the highest ranked responsive/responsible respondent and a back-up contract being awarded to the second highest ranked responsive/responsible respondent.At the county's sole discretion, the County may also choose to award just one (1) contract to the highest ranked responsive/responsible respondent without the need for a back-up contract. 2.18. Award of Contract 2.18.1. If the contract is to be awarded,it will be awarded to the most responsible and responsive Bidder for the base bid whose evaluation by County indicates to County that the award will be in the best interest of the County and not necessarily to the lowest Bidder(unless the solicitation is an Invitation For Bid(IFB or ITB)). 2.18.2. Criteria utilized by County for determining the most responsive Bidder includes,but is not limited to,the following: (a) Ability of Bidder to meet published specifications. 5 4438 (b) Bidder's experience and references including,but not limited to, the reputation,integrity, character, efficiency, experience, skill, ability, and business judgment of the Bidder, the quality of performance of Bidder under previous contracts, any subcontractors and other persons providing labor or materials to Bidder. (c) Bidder's qualifications and capabilities, including but not limited to, the size, financial history, strength and stability of the business to perform the work of the contract, the possession of necessary facilities and equipment and the quality, availability and adaptability thereof to the particular use(s) required. (d) Whether Bidder can perform the contract promptly or with the time specified without delay or interference. (e) Previous and existing compliance by Bidder with laws, ordinances, and regulations relating to the commodities or services. 2.19. Price. If applicable, the Bidder to whom award is made shall execute a written contract prior to award by the County Commission. If the Bidder to whom the first award is made fails to enter into a contract as herein provided, the contract may be let to the next ranked Bidder who is responsible and responsive in the opinion of the County. 2.20. Contractual Agreement The terms, conditions, and provisions in the bid document shall be included and incorporated in the final contract. The order of precedence will be contract, bid document and response, and general industry standards. Any and all legal action necessary to enforce a contract will be interpreted according to the laws of Florida. 2.21. Acceptance or Rejection of Bids 2.21.1. The County reserves the right to reject the bid of any Bidder if the County believes that it would not be in the best interest of the County to make an award to that Bidder,whether because the bid is not responsive or the Bidder is unqualified or fails to meet any other pertinent standard or criteria established by the County. 2.21.2. The Monroe County Board of County Commissioners reserves the right to waive formalities in any bid and further reserves the right to take any other action that may be necessary in the best interest of the County. The County further reserves the right to reject any or all bids, with or without cause, to waive technical errors and informalities or to accept the bid which in its judgment, best serves Monroe County, Florida. 2.22. Protest Process Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney's Office within seventy-two (72) hours or three (3) business days, whichever is greater, after the posting of the notice of decision or intended decision on the electronic bidding platform or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioners' (`BOCC") agenda,whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3)business days prior to the BOCC's meeting date in which the award of contract by the BOCC will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter.An individual has three(3)minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion.Failure to timely protest within the times and in the manner prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation,negotiations, or contract award process,unless it is determined that it is in the best interest of the County to do so. 2.23. Taxes 6 4439 The Monroe County is exempt from all Federal Excise and Florida Sales Taxes on direct purchase of tangible property. An exemption certificate will be provided where applicable upon request. Respondents doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County,nor shall a Respondent be authorized to use the County's Tax Exemption Number in securing such materials. 2.24. Estimated Quantities/Warranties of Usage No warranty is given or implied by the County as to any components listed in the bid document and are considered to be estimates for the purpose of information only. The County reserves the right to accept all or any part of the bid and to increase or decrease quantities of Bidder's bid to meet additional or reduced requirements of the County. 2.25. Samples and Demonstrations Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in the Special Terms and Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the County within seven(7)working days of request. Samples,when requested,must be furnished free of expense to the County and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty (30) days of bid award at Bidder's expense. When required, the County may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the County may result in rejection of a bid. 2.26. Delivery Time will be of the essence for any orders placed as a result of this bid document. The County reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the County. 2.27. Verbal Instructions Procedure No negotiations,decisions,or actions shall be initiated or executed by the Respondent as a result of any discussions with any member of the County Commission or its Staff, all other County employees, and any non-employee appointed to evaluate or recommend selection in the procurement process. Only those written communications which are assigned by a person designated as authorized to bind the Respondent,will be recognized by the County as duly authorized expressions on behalf of Respondent. 2.28. Cancellation for Unappropriated Funds The obligation of the County for payment to a Respondent is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law. 2.29. Independent Contractor The Respondent is an independent contractor under any future agreement borne of this solicitation. Personal services provided by the Bidder shall be by employees of the Respondent and subject to supervision by the Respondent, and not as officers, employees, or agents of the County. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in the bid document, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Respondent. 2.30. Job Site Safety 2.30.1. The Successful Proposer shall be solely and completely responsible for conditions of the job site, including safety of all persons (including its own employees and County employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S.Department of Labor(OSHA),Florida Department of Labor (DOL), and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Successful 7 4440 Proposers failure to thoroughly familiarize himself/herself with the aforementioned safety provisions shall not relieve him/her from compliance with the obligations and penalties set forth therein. 2.30.2. The County reserves the right, but is not obligated to make safety inspections at any time the Successful Proposer is on County property and to ensure safety rules are not being violated. 2.31. Occupational Health and Safety In compliance with Title 29 CFR (Code of Federal Regulations), Section 1910.1200, any Hazardous Chemical items which are delivered from a Contract resulting from this Proposal must be accompanied by a Material Safety Data Sheet(MSDS). The MSDS sheets must be maintained by the user agency and must include the following information: a) The chemical name and the common name of the toxic substance. b) The hazards or other risks in the use of the toxic substance,including: 1) The potential for fire, explosion, corrosiveness, and reactivity; 2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3) The primary routes of entry and symptoms of overexposure. c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. d) The emergency procedure for spill, fire, disposal, and first aid. e) A description in lay terms of the known specific potential health risks posed by the toxic substances intended to alert any person reading this information. f) The year and month, if available, that the information was compiled and the name, address, and the emergency telephone number of the manufacturer responsible for preparing the information. g) All substances shall remain in manufacturer's container with manufacturer's labeling. ALL TOXIC SUBSTANCES MUST BE LABELED FOR IDENTIFICATION IN ACCORDANCE WITH OSHA STANDARDS. 2.32. Indemnity/Hold Harmless 2.32.1. By submitting its Proposal,Respondent agrees that one percent(1%) of the total compensation paid to Respondent for the work or services solicited hereunder constitutes specific consideration to Respondent for the indemnification to be provided hereunder. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Solicitation, the Respondent shall defend, indemnify, and hold the County, and the County's elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and any costs or expenses that may be asserted against,initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with: (A) any activity of the Respondent or any of its employees, agents, sub-contractors,or other invitees during the term of the awarded contract; (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Respondent or any of its employees, agents, sub-contractors or other invitees; or(C)the Respondent's default in respect of any of the obligations that it undertakes under the terms of the award, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses solely arising from the intentional or gross negligence of the County or any of its employees, agents, contractors or invitees (other than the Respondent). The monetary limitation on the extent of indemnification as provided hereunder for construction work shall not be less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes, as may be amended. 2.32.2. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the specifications provided by the Respondent, the Respondent agrees and warrants that it shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 8 4441 2.32.3. The Respondent, without exception, shall indemnify and save harmless the County, and its elected officials and employees from liability of any nature and kind,including cost and expenses for or on account of any copyrighted, patented or un-patented invention, process, or article manufactured or used in the performance of the contract, including its use by County. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design,device,or materials in any way involved in the work. 2.32.4. Nothing contained herein is intended, nor may it be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this solicitation. To the extent considered necessary by the County, any sums due Respondent under an agreement created hereunder may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the County. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of an awarded contract, this section will survive the expiration of the term of the awarded contract or any earlier termination. 2.33. Insurance The respondent, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions as required by the County.Note: A copy of any current Certificate of Insurance may be included with your proposal. The Respondent will be responsible for obtaining and maintaining all necessary insurance coverages listed in this RFP and within the Sample Agreement prior to commencing operation. Certificates of Insurance must be provided to Monroe County within fifteen(15)days after notice of intended award of contract, with Monroe County BOCC listed as an additional insured on all policies, except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected respondent. All forms of insurance required above shall be from insurers acceptable to the County. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of AXII or better. The required insurance shall be maintained at all times while Respondent is providing service to the County. Respondent shall provide County with updated Certificates of Insurance annually on the renewal date of each policy.All insurance policies must specify that they are not subject to cancellation,non-renewal,material change, or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. 2.34. Public Records 2.34.1. Proposer shall keep such records and accounts and require any and all Proposers and subconsultants to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the project and any expenses for which Proposer expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by County and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for County's disallowance of any fees or expenses based upon such entries. County is a public agency subject to Chapter 119, Florida Statutes. To the extent Proposer is a contractor acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as may be amended from time to time, Proposer shall comply with all public records laws in accordance with Chapter 119,Florida Statutes. In accordance with state law,Proposer agrees to: (a)Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. (b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statute, or as otherwise provided by law. 9 4442 (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the contract if the Proposer does not transfer the records to the County. (d)Upon completion of the services within this Agreement,at no cost, either transfer to the County all public records in possession of the Proposer or keep and maintain public records required by the County to perform the services. If the Proposer transfers all public records to the County upon completion of the services, the Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Proposer keeps and maintains public records upon completion of the services, the Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. 2.34.2. IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLA. STAT., TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT THE MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, EMAIL: Id C C Sfc� C - L. " V, OR PHONE: 305-292- 3470. 2.34.3. If Proposer does not comply with this Section,the County shall enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 2.35. Drug-Free Workplace Programs Preference shall be given to businesses with Drug-Free Workplace Programs. Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a bid received from a business that completes the attached Drug-Free Workplace form certifying that it is a Drug-Free Workplace shall be given preference in the award process. 2.36. Purchase by Other Governmental Agencies If the Bidder is awarded a contract as a result of this bid document, he/she will, if he has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the bid document and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. No liability will be borne onto the County for any issues arising from another agency's use of this Solicitation and ensuing Contract. 2.37. Assignment and Sub-Letting No assignment of an awarded contract hereunder or any right occurring under said contract shall be made,in whole or in part,by the Respondent without the express written consent of the County Commission which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume all of the rights, duties and responsibilities of the Respondent. 2.38. Officials Not to Benefit Each Proposer shall certify,upon signing a proposal,that to the best of their knowledge,no Monroe County official or employee having official responsibility for the procurement transaction, or member of his or her immediate family,has received or will receive any financial benefit relating to the award of this Agreement. If such a benefit has been received or will be received, this fact shall be disclosed with the proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension,debarment,or rescission of the Agreement made,or could affect payment pursuant to the terms of the Agreement. 2.39. Prohibition on Conflict of Interest, Gratuities, Kickbacks, and Collusion 10 4443 The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained herein in awarding the contract: 2.39.1. Conflict of Interest. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their bid the name of any officer, director,partner,proprietor, associate or agent who is also an officer or employee of the County or any of its agencies. Further,all Bidders must disclose the name of any officer or employee of the County who owns,directly or indirectly, an interest of five percent(5%)or more in the Bidder's firm or any of its branches or affiliate companies. 2.39.2. Gratuities. Respondent hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity,favor,or anything of monetary value in connection with any decision,approval, disapproval,recommendation,preparation of any part of the Project or award of this contract. 2.39.3. Kickbacks. Respondent certifies that it has not given payment, gratuity, or offer of employment to be made by or on behalf of a Sub- Respondent under a contract to Respondent or higher tier sub-contractor or any person associated therewith, as an inducement of the award of a subcontract or order. 2.39.4. Non-Collusion Statement. The Bidder certifies that its bid is made without previous understanding, agreement,or connection either with any previous firms or corporations offering a bid for the same items,or with the County. Bidder has not communicated with anyone with the intent to restrict competition hereof, and no attempt has been made to induce another person or entity to submit a proposal, or not submit, for the purpose of restricting competition. The Bidder also certifies that its bid is in all respects fair, arrived at independently and without outside control, collusion, fraud, or otherwise illegal action. 2.39.5. Contract Clause. The prohibitions on conflict of interest, gratuities, kickbacks, and collusion prescribed in this paragraph must be conspicuously set forth in every contract and subcontract and solicitation initiated by Respondent in its performance of an awarded agreement hereunder. 2.40. Payment Dispute Resolution Process Payment disputes must be handled pursuant to the procedures set forth in the Monroe County Purchasing Policies Manual. In sum, if an improper invoice is submitted by a Contractor, Monroe County shall notify the Contractor in writing within ten(10)days after receipt of an improper invoice,that the invoice is improper.The notice should indicate what corrective action on the part of the Contractor is needed to make the payment request or invoice proper. The Contractor should take corrective action and resubmit a Proper Invoice to the County. The Contractor's steps shall be that of initially contacting the County's Contract Manager to validate the invoice and receive a sign off from the department that would indicate that the invoice in question is in accordance with the terms and conditions of the agreement. Once sign off is obtained,the Contractor should then resubmit the invoice as a"Corrected Invoice"to the department which will initiate the payment timeline of a Proper Invoice. A Proper Invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Monroe County and in accordance with Section 218.72,Fla. Stat., as amended. Should a dispute result between the Contractor and the County over tender of a payment request or an invoice, then the Contractor should submit their notice of dispute in writing to the department. The department should acknowledge receipt of the Contractor's notice of dispute and provide the Contractor with the County's dispute resolution procedure by mail or email, if available. The department shall assign a representative who shall act as a"Dispute Manager"to resolve the issue at departmental level. The Dispute Manager shall investigate the dispute and document the steps taken to resolve the issue. The Dispute Manager should,as part of his or her investigation, ascertain if the work, for which the payment request or invoice has been submitted, was performed to Monroe County's satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is defined as the Monroe County representative who is designated as the approving authority for the work performed in the contractual document. Dispute resolution procedures shall be commenced no later than thirty (30) days after the date on which the payment request or invoice was received by Monroe County and shall not extend beyond sixty (60) days. The Dispute Manager must complete the investigation and furnish a written determination to the Contractor. If the Contractor is not satisfied with the Dispute Manager's resolution of the dispute, the County Administrator or his or her designee shall be the final arbiter in resolving the issue and will issue their final decision in writing within sixty (60) days after the date on which the payment request or invoice was received by Monroe County. 2.41. Termination 2.41.1. Termination for Uncurable Default 11 4444 In the event the Contractor shall default in or violate any of the terms, obligations, restrictions or conditions of this Contract in a manner that is uncurable(as determined in the sole discretion of the County),the County may, upon written notice to the Contractor, terminate this Contract effective immediately. In the event of such termination the County may hold the Contractor liable for any and all damages sustained by the County arising out of such default,including but not limited to costs of reprocurement and cover. 2.41.2. Termination for Curable Default In the event the Contractor shall default in any of the terms, obligations, restrictions or conditions in the Contract Documents in a manner that is curable (as determined in the sole discretion of the County), the County shall give the Contractor written notice by registered, certified mail of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within three (3) calendar days thereof. In the event the Contractor has failed to correct the conditions(s)of the default or the default is not remedied to the satisfaction and approval of the County, the County shall have all legal remedies available to it,including,but not limited to termination of the Contract in which case the Contractor shall be liable for any and all damages permitted by law arising from the default and breach of the Contract. 2.41.3. Termination for Convenience of County Upon thirty (30) calendar days written notice delivered by certified mail, return receipt requested, to the Contractor,the County may without cause and without prejudice to any other right or remedy,terminate the Contract for the County's convenience whenever the County determines that such termination is in the best interest of the County. Where the Contract is terminated for the convenience of the County the notice of termination to the Contractor must state that the Contract is being terminated for the convenience of the County under the termination clause and the extent of termination. The Contractor shall discontinue all work on the appointed last day of service. 2.42. Choice of Law and Venue The Agreement shall be governed by the laws of the State of Florida, and the United State of America,as now and hereafter in force. The venue for actions arising out of the Agreement is situated exclusively in the Sixteenth Judicial Circuit Court in and for Monroe County, Florida, or the United States District Court for the Southern District of Florida. 2.43. Force Mal*eure As used herein, "Force Majeure" means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of"Force Majeure" include,but are not limited to, acts of God, labor strikes,human health pandemics, natural disasters, emergency governmental action, or material or labor shortages. To invoke this paragraph, immediate written notice, consistent with the notice provisions of this Bid, must be sent by the Contractor describing the circumstances constituting force majeure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by Contractor pursuant to this paragraph will be made not more than seventy-two (72) hours after the commencement of the delay. Otherwise, it shall be waived. The Contractor shall immediately report when industry conditions have resumed. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written agreement among the parties. 2.44. Trade Secrets Documents submitted by Respondent which constitute trade secrets as defined in Sections 812.081 and 688.002, Florida Statutes, as amended from time to time, and which are clearly marked or stamped as confidential by the Respondent and the County is formally made aware of same at the time of submission to the County, will not be subject to public access. However, should a requestor of public records challenge Respondent's interpretation of the term "trade secrets" within five (5) calendar days of such challenge, Respondent must provide a separate written affidavit that includes an indemnification and release guarantee, as approved by the County Attorney or designee, to the County to support its claim that the alleged trade secrets actually constitutes same as defined by law. Respondent must demonstrate the need for confidentiality of the documentation by showing a business advantage or an opportunity to obtain an advantage if the documentation was released. Otherwise, Respondent is required to timely seek a protective order in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County to prevent the County's release of the requested records. 12 4445 2.45. Data Management; Data Security To the extent that Respondent's proposal or work for the County includes electronic data creation or storage, Respondent agrees to comply with the County's written demands regarding cooperation (and any applicable financial responsibilities) for timely data breach incident reporting,response activities/fact-gathering, public and other governmental agency notification requirements, severity level assessment, and after-action reporting, consistent with Sections 282.3185(5) & (6), and 501.171, Fla. Stats., as amended from time to time. To ensure safety of personal data, Respondent agrees to comply with the 2016 European Union's General Data Privacy Regulation(GDPR)that became effective in the European Union on May 25,2018,and any more recently revised version thereof. For any system integration between the County's network systems and that of the Respondent, the Respondent agrees to comply with ISO/IEC 27001 for its internal system, at a minimum, and any unique integration requirements of the County's network and information technology systems.And when relevant,in the context of data breaches that involve Protected Health Information pursuant to Health Insurance Portability and Accountability Act (HIPAA), Respondent must comply with all requirements of the Health Information Technology for Economic and Clinical Health Act(HITECH); Section 105 of Title I of the Genetic Information Nondiscrimination Act of 2008(GINA); and 45 C.F.R.Parts 160, 162 and 164 and Final Omnibus Rule eff.March 26, 2013). 2.46. Discriminatory Vendor List By submitting its proposal, Respondent acknowledges its continuous duty to disclose to the County if the Respondent or any of its affiliates, as defined by Section 287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." 2.47. Nondiscrimination Covenant By submitting its proposal, Respondent agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, any contract award is automatically terminated without any further action on the part of any party, effective the date of the court order. Respondent agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination in employment on the basis of race,color, religion, sex or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation,gender identity or expression,familial status or age; 11) The Pregnant Workers Fairness Act(PWFA) pursuant to 42 U.S.C. 2000gg et seq.; and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 2.48. County Suspended Vendor List 13 4446 The eligibility of persons to bid for an award of County contract(s), or enter into a contract, may be suspended pursuant to sec. 2-347(l) of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded,or a suspended person is employed to perform work(e.g.subcontractor in a bid or contract) pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the Respondent beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity. 2.49. Ethics Clause pursuant to Monroe County Ordinance No. 010-1990 By submitting its proposal,Respondent warrants that he/she/it has not employed,retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances,or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate any contract award without liability and may also,in its discretion,deduct from any ensuing agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. 2.50. Drug-Free Workplace In accordance with Section 287.087, Florida Statutes,by submitting its proposal Respondent agrees to: (a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (b)Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (c) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). (d)In the statement specified in subsection(1),notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893,Florida Statutes,or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5) days after such conviction. (e)Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. (f) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. (g) The person authorized to sign an Affidavit on behalf of the Respondent must certify that it complies fully with the above requirements. 2.51. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings Throughout the procurement and contract award process, the Respondent has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relating to or affecting Respondent's ability to perform under any future awarded contract.If the existence of such causes the County concern that the Respondent's ability or willingness to perform is jeopardized, the Respondent may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. 2.52. E-Verify Requirements 2.52.1. Effective January 1, 2021, public and private employers, Respondent and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Respondent acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: 14 4447 a) All persons employed by Respondent to perform employment duties within Florida during the term of the contract; b) All persons (including subvendors/subconsultants/subcontractors) assigned by Respondent to perform work pursuant to the contract with the County.The Respondent acknowledges and agrees that use of the U.S.Department of Homeland Security's E-Verify System during the term of the contract is acondition of the contract with the County. 2.52.2. By submitting a proposal, the Respondent becomes obligated to comply with the provisions of Section 448.095,Florida Statutes, 'Employment Eligibility," as amended from time to time. This includes,but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Respondent attesting that the subcontractor does not employ, contract with,or subcontract with, an unauthorized alien. Respondent agrees to maintain a copy of such affidavit(s).Failure to comply with this paragraph will result in the termination of any contract award as provided in Section 448.095, Florida Statutes, as amended, and Respondent may not be awarded a public contract for at least one (1)year after the date of termination. Respondent will also be liable for any additional costs to County incurred as a result of the termination in accordance with this Section. Upon entering into an agreement with the County, Respondent will provide proof of enrollment in E-verify to the County. 2.53. Public Entity Crimes Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, Respondent hereby certifies that neither it nor its affiliate(s)have been placed on the convicted vendor list following a conviction for a public entity crime. If placed on that list, Respondent agrees: to immediately notify the County and is prohibited from providing any goods or services to a public entity; it may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work;it may not submit bids on leases of real property to a public entity;it may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity; and,it may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category TWO ($35,000), as may be amended, for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 2.54. Foreign Gifts and Contracts The Respondent must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b),Florida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." 2.55. Scrutinized Companies and Countries of Concern per Sections 287.135,215.473,&287.138,Florida Statutes By submitting its proposal, Respondent hereby certifies that it: a) has not been placed on the Scrutinized Companies that Boycott Israel List,nor is engaged in a boycott of Israel;b)has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List(formerly the Iran Petroleum Energy Sector List); and c)has not been engaged in business operations in Cuba or Syria. If County determines that Respondent has falsely certified facts under this paragraph, or if Respondent is found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135,Florida Statutes, as amended.Beginning January 1,2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as:People's Republic of China,the Russian Federation,the Islamic Republic of Iran,the Democratic People's Republic of Korea,the Republic of Cuba,the Venezuelan regime of Nicolas Maduro,or the Syrian Arab Republic, unless the Respondent provides the County with an affidavit signed by an authorized representative of the Respondent, under penalty of perjury, attesting that the Respondent does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Beginning January 1, 2025, 15 4448 the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Respondent provides the County with an affidavit signed by an authorized representative of the Respondent, under penalty of perjury, attesting that the Respondent does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. 2.56. Noncoercive Conduct for Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Respondent is required to provide an affidavit under penalty of perjury attesting that Respondent does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. By submitting this proposal, Respondent certifies under penalties of perjury that Respondent does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Respondent has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 2.57. Antitrust Violations; Denial or Revocation under Section 287.137, Florida Statutes Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work;may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a new contract with a public entity; and may not transact new business with a public entity. By submitting its proposal,Respondent certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of its submission. False certification under this paragraph or being subsequently added to that list will result in termination of any contract award, at the option of the County consistent with Section 287.137, Florida Statutes, as amended. 2.58. Environmental and Social Government and Corporate Activism Pursuant to Section 287.05701, Florida Statutes, as may be amended, the County cannot give preference to a contractor based on social,political or ideological interests as defined in the statute. Respondent is also prohibited from giving preference to any of its subcontractors based on the above referenced factors. Violations of this Section will result in termination of any contract award and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. 2.59. Respect of Florida In accordance with Subsection 413.036(3), Fla. Stat.,if a product or service required for the performance of work request by this solicitation is on the procurement list established pursuant to Subsection 413.035(2), Fla. Stat., then this statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)AND(2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.Additional information about the designated nonprofit agency and the products it offers is available at: https://www.respectofflorida.grg. 2.60. Use of Recycled Materials, State-Produced Lumber, and U.S.-Produced Steel Respondent agrees to procure any recycled products or materials which are the subject of or are request to carry out this Agreement in accordance with Section 403.7065, Fla. Stat., as amended from time to time. In addition, Respondent agrees to comply with the provisions of Section 255.20,Fla. Stat., as amended from time to time,that 16 4449 requires the use of lumber, timber, and other forest products produced and manufactured in this state, subject to certain exclusions.Last,Respondent agrees to comply with Section 255.0093,Fla. Stat., as amended from time to time, guaranteeing use of iron or steel products that are produced in the United States, unless certain exclusions apply. 2.61. Severability; Waiver of Provisions Any provision in this Solicitation that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction,be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by the County shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Solicitation. 17 4450 3. Part 3 - SPECIAL TERMS & CONDITIONS; MANDATORY FEDERAL CLAUSES 3.1. Point of Contact To ensure fair consideration for all Proposers, all inquiries concerning clarifications of this solicitation or for additional information shall be submitted in writing by mail, or email and directed as follows: Attn: Lourdes Francis and Jonathan Cline; Address: 1100 Simonton Street, 1-190, Key West, FL 33040; Email: franc is-lourd es L(i.)monroecountv-fl.gyov, and cline-Jonathan L&monroecounty-flZov, respectively. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Such contact is to be for clarification purposes only. Material changes, if any, to the scope of services, or bid procedures will only be transmitted electronically through the County's Procurement (electronic bidding) System. 3.2. Performance It is the intention of the County to obtain the services as specified herein from a Proposer that will give prompt and convenient service. The awarded Proposer must be able to perform as required under the scope of services. Any failure of Proposer to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the County. The County reserves the right to obtain these services from other sources, when necessary, should Respondent be unable to perform on a timely basis and such delay may cause harm to the using department or County residents. 3.3. Schedule of Events The County will use the following tentative time schedule in the selection process. The County reserves the right to change and/or delay scheduled dates. Event: Date: RFP Available May 22, 2025 Non-Mandatory Pre-Proposal Meeting None Last Date of Receipt of Questions June 6,2025 Last Date of Addendum Release (if required) June 13, 2025 Proposals Due (prior to 3:00 p.m. EST) June 23, 2025 Proposal Review for Compliance June 23 - 27,2025 Selection Committee Meeting TBD Board of County Commissioners Award of Contract/Direct Otherwise July 16, 2025 (*Contract Retroactively Effective to July 1, 2025) 3.4. Contract Term The initial contract period shall be for one (1) year. The County reserves the right to extend the contract for five (5) additional one (1) year periods, providing both parties agree to the extension; all the terms, conditions and specifications remain the same; and such extension is approved by the County. Contract renewal shall be based on satisfactory performance,mutual acceptance,and determination that the Contract is in the best interest of the County. 3.5. Insurance Requirements 3.5.1.Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review.Depending on the extent of contractual obligations incurred by the Contractor,the below insurances will be required.Insurances can be altered via written waiver by County's Risk Manager,if required. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled,terminated,or reduced in coverage,then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or MCFR whenever acquired, 18 4451 amended, and annually during the term of this Agreement. Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: (a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. (b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance,including applicable no-fault coverage,with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability.If single limits are provided,the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and$100,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. (c) COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include, as a minimum: Premises Operations,Products and Completed Operations,Blanket Contractual Liability,Personal Injury Liability, and Expanded Definition of Property Damage. An Occurrence Form policy is preferred.If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract.In addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 3.5.2.CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. The underwriter of such insurance shall be qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. 3.5.3.MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 3.5.4.In the event that the Contractor subcontracts any or all of the work in this project to any third party,the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County.In addition,the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured.Note: A copy of any current Certificate of Insurance is recommended to be included with your proposal. 3.6. Compliance with Contract AA 2529 between Monroe County and Alliance on Aging,Inc. Proposer acknowledges that Contract AA 2529 between Monroe County and Alliance on Aging, Inc., and future grants agreement(s) that directly fund these services, make up an essential part of this transaction. In addition to the general terms and conditions set forth in Part 1, herein, Proposer agrees to comply with the following state-mandated requirements and acknowledge all of the obligations passed down to it as a result of the Contract AA 2529 between Monroe County, Florida, and Alliance on Aging, Inc., whenever relevant as a sub-recipient of state- and federal-funding, and agrees to complete any additional forms and provide further assurances and attestations,in order to meet any requirements imposed by the U.S. Government, as applicable: 3.6.1.Contract Document requirements pursuant to Section 287.058,Florida Statutes, as amended. 3.6.2.Background Screening requirements, as applicable. The Proposer shall comply with and ensure subcontractors are in compliance with the requirements of s. 430.0402 and Chapter 435, F.S., as amended, regarding background screening for all persons who meet the 19 4452 definition of a direct service provider and who are not exempt from the Department's level 2 background screening pursuant to s. 430.0402(2)-(3), F.S. The Proposer must also comply with any applicable rules promulgated by the Florida Department and the Agency for Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision, Proposer shall submit to the County, the Background Screening Affidavit of Compliance (Screening Form) as part of its proposal. Further information concerning the procedures for background screening is found at http://elderaffairs.state.fl.us/doea/backgroundscreenin�-Y.i)hi). Background Screening Affidavit of Compliance - To demonstrate compliance with this solicitation,Proposer will be required to submit Background Screening Affidavit of Compliance annually as part of any awarded contract. 3.6.3.Grievance and Complaint Procedures. The Proposer shall comply with and ensure subcontractor and/or vendors comply with the Minimum Guidelines for Recipient Grievance Procedures, Appendix D, of the Handbook (DOEA Programs & Services Handbook — Alliance for A ink),to address complaints regarding the termination,suspension or reduction of services,as required for receipt of funds.Proposers must develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, County and Proposer complaints, or any other advice related to complaints other than termination, suspension or reduction in services that require the grievance process as described in Appendix D, of the Handbook (DOEA Programs & Services Handbook — Alliance for Aging). The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date, nature of complaint, the determination of each complaint, and the follow-up with the client to ensure satisfaction with the resolution 3.6.4. Auditing. The Proposer acknowledges that it may be subject to audit(s) as required by Section 215.97, Fla. Stat., and/or 2 CFR Part Section 200.86 and Section 200.93. Proposer agrees to comply with all requests by government-authorized auditors. 3.6.5.Rate Increase Thresholds requirements. Rates may only increase from one contract year to the next at a rate consistent with the annual rate of inflation in the Consumer Price Index (CPI)percentage change for all items as determined by the Bureau of Labor Statistics for the 12-months prior to the Department of Elder Affairs' required Area Plan submission date and as per the Alliance policy incorporated herein by reference. See https://www.bls.gov/charts/consumer-price-index/consumer-price-index-by-categoL ham. In order to receive any rate increase, the Proposer must submit a written request to receive a rate increase as described in the previous paragraph. The written request must be received no later than September 1 for the new rate beginning in the following OAA Grant contract year (January 1). Should the requested rate increase exceed 5% of the current year's rate, the Proposer must provide:A detailed written justification describing the reason(s)for the interim rate adjustment. This explanation shall include a detailed assessment of potential organizational and client impact. The written justification shall provide sufficient detail for the Alliance to review,identifying the service or commodity component(s)that are increasing Proposer's costs; Supporting documentation for the written justification; A current rate and a requested rate unit cost methodology; A simplified Unit Cost Methodology. Note: All rate increase thresholds mentioned in the above language is cumulative from rate at the time of contract execution. 3.6.6.Support of Correctional Work Programs requirements. The Proposer shall procure products and/or services required to perform this contract in accordance with section 946.515, F.S. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE 20 4453 PERSON,FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. 3.6.7.PRIDE requirements. The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Additional information about PRIDE and the commodities or contractual services it offers is available at https://pride-enterprises.org. 3.6.8.Certified Minority Business requirements. The Proposer shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) Report summarizing the participation of certified suppliers for the current reporting period and project to date. The CMBE Report shall include the names, addresses, and dollar amount of each certified participant. 3.6.9.The PUR 1000 Form is hereby incorporated by reference and available at: http://www.myflorida.com/apes/vbs/adoc/F7740 PUR1000.pdf. In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contract or agreement terms or conditions the contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 3.7. Compliance with Mandatory Federal Clauses 3.7.1. FEDERAL COMPLIANCE The Proposer and its Subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §§ 200.318-327 and Appendix II to 2 C.F.R.Part 200, as amended, and is bound by all applicable state and federal laws and regulations.By submitting a proposal,and if selected entering into a contract, Proposer agrees to comply with the above laws and regulations, as well as 2 CFR Part 300, 45 CFR Part 75, and 45 CFR Part 92. This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The Proposer will comply with all applicable federal law, regulations, executive orders, Department of Health and Human Services policies,procedures, and directives. 3.7.2. EQUAL EMPLOYMENT OPPORTUNITY 3.7.2.1. During the performance of this contract, the awarded Respondent (hereinafter "Contractor") agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion,sex,sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following:Employment,upgrading,demotion,or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other 21 4454 employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. (7)In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States. 3.7.2.2. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 3.7.2.3. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 22 4455 3.7.2.4. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings." 3.7.3.COMPLIANCE WITH THE COPELAND "ANTI-KICKBACK"ACT The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as Department of Health and Human Services may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. 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. 3.7.4. COMPLIANCE WITH CONTRACT WORK HOURS & SAFETY STANDARDS ACT 3.7.4.1. The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three (3) years after all the work on the prime contract is completed for all laborers and mechanics,including guards and watch persons,working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed;hourly rates of wages paid;daily and weekly number of hours actually worked; deductions made; and actual wages paid. 3.7.4.2. Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency,and the Department of Labor,and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job." 3.7.5. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 3.7.6. CLEAN AIR ACT 23 4456 The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to Monroe County and understands and agrees that Monroe County will, in turn, report each violation as required to assure notification to the the Alliance on Aging, Inc., Florida Department of Elder Affairs, U.S. Department of Health and Human Services, and the appropriate Environmental Protection Agency Regional Office.The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by Department of Health and Human Services. 3.7.7. FEDERAL WATER POLLUTION CONTROL ACT The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to Monroe County and understands and agrees that Monroe County will, in turn, report each violation as required to assure notification to the Alliance on Aging,Inc.,Florida Department of Elder Affairs,U.S.Department of Health and Human Services,and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by U.S. Department of Health and Human Services. 3.7.8.SUSPENSION AND DEBARMENT The awarded contract is a covered transaction for purposes of 2 C.F.R.Part 180 and 2 C.F.R. Part 3000.As such,the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R.Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. This certification is a material representation of fact relied upon by Monroe County. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to Monroe County, the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment.The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R.Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 3.7.9.BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED, 31 U.S.C. § 1352 Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the federal agency. 3.7.10. RECOVERED MATERIALS CLAUSE In the performance of the awarded contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price.Information about this requirement, along with the list of EPA-designated 24 4457 items,is available at Comprehensive Procurement Guideline (CPG)Program I US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 3.7.11. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES 3.7.11.1. Prohibitions. 1) Section 889(b)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan,or loan guarantee funds from the federal government to: i.Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology of any system; ill. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract,or other contractual instrument,any equipment,system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 3.7.11.2. Exceptions. I)This clause does not prohibit contractors from providing LA service that connects to the facilities of a third-parry, such as backhaul,roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2)By necessary implication and regulation,the prohibitions also do not apply to:i.Covered telecommunications equipment or services that: a.Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3.7.11.3. Reporting requirement. 1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system,during contract performance,or the contractor is notified of such by a subcontractor at any tier or by any other source,the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: i. Within one business day from the date of such identification or notification: The contract number; the order number(s),if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer 25 4458 part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii. Within 10 business days of submitting the information in paragraph (d)(2)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. 3.7.11.4. Subcontracts. The Contractor shall insert the substance of this clause,including this paragraph(e),in all subcontracts and other contractual instruments. 3.7.12. DOMESTIC PREFERENCE FOR PROCUREMENTS The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States.This includes,but is not limited to,iron,aluminum,steel,cement,and other manufactured products.For purposes of this clause:Produced in the United States means,for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. 3.7.13. ACCESS TO RECORDS The Contractor agrees to provide Monroe County, Alliance on Aging, Inc., the Florida Department of Elderly Affairs,the U.S. Department of Health and Human Services Contract Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents,papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the Federal Grant Administrator or his/her authorized representatives access to the work sites pertaining to the work being completed under the contract. 3.7.14. FEDERAL FALSE CLAIMS ACT The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 3.7.15. AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) The Contractor will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. Disadvantaged Business Enterprise (DBE)Policy and Obligation: It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Contract Solicitation, and potential Agreement Award. The DBE requirements of applicable federal and state laws and regulations apply to this solicited contract. The COUNTY and its awarded Contractor agree to ensure that DBE's have the opportunity to participate in the performance of any awarded contract. In this regard, all recipients and Contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the Contractor and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Contractor and 26 4459 subcontractors will comply with the Rehabilitation Act of 1973, Section 504,29 U.S.C. 794, regarding nondiscrimination. 3.7.16. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS 3.7.16.1. If the awarded Contractor, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the awarded Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever possible: i.Placing qualified small and minority businesses and women's business enterprises on solicitation lists;ii.Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; ill. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi.Requiring the prime contractor,if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. 3.7.16.2. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. The "socioeconomic contracting"requirement outlines the affirmative steps that the Contractor must take; the requirements do not preclude the Contractor from undertaking additional steps to involve small and minority businesses and women's business enterprises. The requirement to divide total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Contractor to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 3.7.17. ENERGY EFFICIENCY Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 3.7.18. STATEMENT OF NO CONFLICT Neither the COUNTY nor any of its Contractor or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the services or any services included or planned to be included in the services in which any member,officer or employee of the COUNTY or the locality during tenure or for two(2)years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the COUNTY,the COUNTY may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the COUNTY or the locality relating to such contract, subcontract or arrangement. The COUNTY shall insert in all contracts entered into in 27 4460 connection with the service or any property included or planned to be included in any service, and shall require its Contractor to insert in each of their subcontracts,the following provision: "No member, officer or employee of the COUNTY or of the locality during his/her tenure or for two(2)years thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof" The provisions of this paragraph shall not be applicable to any agreement between the COUNTY and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 3.7.19. ENVIRONMENTAL POLICY ACT OF 1969 Contractor will comply with: environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C.300f-300j-27, regarding the protection of underground water sources; Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510; will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451- 14674; and comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. (Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system not applicable). 3.7.20. COPYRIGHT CLAUSE - LICENSE & DELIVERY OF WORKS SUBJECT TO COPYRIGHT The Contractor grants to Monroe County, a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license in data first produced in the performance of this contract to reproduce,publish, or otherwise use,including prepare derivative works, distribute copies to the public,and perform publicly and display publicly such data.For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to Monroe County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to Monroe County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by Monroe County. 3.7.21. UNAUTHORIZED ALIENS The awarded Contractor shall not employ an unauthorized alien. Monroe County shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such a violation shall be cause for unilateral cancellation of this contract by the Monroe County. 3.7.22. NON-PROFIT TAX EXEMPTION REVOKED If the awarded Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS)tax exempt organization reporting requirements(filing a Form 990 or Form 990-N)and has its tax exempt status revoked for failing to comply with the filing requirements of the 28 4461 2006 Pension Protection Act or for any other reason, the Provider must notify the Monroe County in writing within thirty(30) days of receiving the IRS notice of revocation. 3.7.23. PROHIBITION ON TRAFFICKING IN PERSONS The Provider shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 3.7.24. TRANSPARENCY ACT Unless exempt under 2 CFR Part 170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 29 4462 4. PART 4—REQUIREMENTS & INSTRUCTIONS FOR SUBMISSION OF PROPOSALS 4.1. Rules for Submission 4.1.1.Respondent shall use the electronic Bonfire (Electronic Bidding) System to submit a response. The proposal shall be signed by a representative who is authorized to contractually bind the Respondent. IMPORTANT: FINANCIAL INFORMATION — SUBMIT BY SEPARATE UPLOAD.In order to determine if a proposer is responsible pursuant to Section 2-347(h), Monroe County Code of Ordinances, all proposals for contracts to be awarded under this section must contain: Financial statements for the prior three (3) years for the responding entity or for any entity that is a subsidiary to the responding entity. Note: Any financial statement that an agency requires for responding to a bid is exempt from disclosure as a public record. Please do not submit your confidential financial information as part of your proposal. Please mark as "Confidential" to exercise exemption under Subsection 119.071(1)(c), Florida Statutes, and upload by separate upload to the Bonfire (Electronic Bidding) System to maintain confidentiality. There are separate uploads for each set of documents,including confidential financial information.However, any financial information the Respondent includes in the proposal packet, which is not marked as "Confidential", and is uploaded incorrectly,may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked or submitted. 4.1.2.Respondent's response shall not contain any alteration to the document posted other than entering data in spaces provided or including attachments as necessary. By submission of a response, Respondent affirms that a complete set of bid documents was obtained from the Bonfire (Electronic Bidding) System only and no alteration of any kind has been made to the solicitation. 4.1.3.All blanks on the proposal form(s) must be completed and notarized, if applicable. Names must be typed or printed below the signature. Facsimile or mailed proposals will not be accepted. Proposals will only be accepted electronically, submitted through the Bonfire (Electronic Bidding) System. 4.1.4.Each Respondent for services further represents that the Respondent has examined and is familiar with the local conditions,including laws and regulations,under which the work is to be done and has correlated the observations with the requirements of the contract documents. Each Respondent by signature and by submission of a response, represents that the Respondent has read and understands the contract documents, has completed all required fields and the proposal has been made in accordance therewith. 4.1.5.Only one (1)proposal from any individual, firm,partnership, or corporation,under the same or different names, will be considered. Should it appear to the County that any Respondent is interested in more than one (1)proposal for work contemplated,all proposals in which such a Respondent is interested will be rejected. Respondent by submitting this proposal certifies that the proposal is made without previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same material, supplies, equipment or services and is in all respects, fair and without collusion or fraud. 4.1.6.All proposals received from Respondents in response to this Request for Proposals will become the property of County and will not be returned to the Respondent. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the County. 4.2. Modification and Withdrawal of Proposals Prior to the time and date designated for opening/unsealing of proposals, any proposal submitted may be modified by removing the existing proposal from Bonfire and uploading a new,complete proposal. The new submission shall comply with the requirements for the original proposal. Proposals may be withdrawn on Bonfire prior to the time and date designated for the opening/unsealing of proposals. 30 4463 Withdrawn proposals may be resubmitted on Bonfire up to the time designated for the opening/unsealing of proposals provided that they are then fully in conformance herewith. After the specified date and time of opening/unsealing the proposals, a Proposer who discovers an error in its proposal, may only withdraw its proposal under the conditions set forth in Monroe County Code Section 2-347(1)(1); however, this action removes the proposer from further consideration should the other proposers decline the award or withdraw their proposals. 4.3. Contents of Submission The responses to this RFP shall be digital PDF format. Responses must be organized as indicated below.Each Respondent must submit adequate documentation, as determined by the Board of County Commissioners, to certify the Respondent's compliance with the County's requirements. The following information, at a minimum, shall be included in the Response. 4.3.1. Cover Page Respondent shall include a cover page titled "PROPOSAL — FOOD SERVICE MEAL CATERING FOR NUTRITION PROGRAM." The cover page should contain the Respondent's name, address, telephone number and the name of the Respondent's primary contact. 4.3.2. Details in Tabbed Sections Tab A. Executive Summary(5 points) The Respondent shall provide a summary of services brief history of the firm or organization and particularly include other contracts that are similar in nature to the services requested in the RFP. The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with Monroe County to fulfill the requirements of the scope of work. Tab B.Licensure, Qualifications, and Relevant Experience(40 points) 1) The Respondent shall provide responses to Section A. L-5., within PART 3: Scope of Services,herein. 2) Respondent shall provide a list of at least three (3) professional references that are past/present clients of Respondent,including the information below: a. Name and full address of the reference. b. Name and telephone number of primary contact person. c. Brief summary of the relationship with the reference, and summary of the services, area(s) served, and dates of service. d. Optional-Provide a letter of reference from the organization/individual 3) Indicated qualification as a Certified Minority Business Enterprise, Women& Small Business Enterprise, and Disadvantaged Business Enterprise; completed form, if applicable. 4) Criminal History Verification Form to demonstrate compliance with level 2 DOEA background screenings for direct-service staff(delivery drivers). Tab C.Tasting, Supplies, and Packaging Quality(25 points total) 1) Points are strictly based on those three (3)items. Tab D. DESCRIPTION OF OPERATIONAL PLAN( 10 points) 1) The Respondent shall provide responses to Section IV. 1.-11., within PART 3: Scope of Services,herein. Tab E. COST AND PRICE DEVELOPMENT(20 points) 1) The Respondent shall provide responses to Section V. 1.4., within PART 3: Scope of Services,herein. 2) Price Proposal Form must be submitted within this tabbed section. Tab F. Financial Information and Litigation (Y/N) The Respondent will provide the following information by way of completing the "Proposer Qualification Form per Subsection 2-347(h), County Code," as provided in the mandatory forms section of the solicitation. Such information includes: 31 4464 1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); 2) A list of the officers and directors of the entity; 3) The number of years the person or entity has been operating and, if different, the number of years it has been providing services as requested herein; 4) The number of years the person or entity has operated under its present name and any prior names; 5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Yes or No. If yes,provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person,principal of the entity,or entity,or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Yes or No. If yes,provide details; c. Has the person,principal of the entity, entity,or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years,been aparty to any lawsuit,arbitration,or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? Yes or No. If yes,provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? Yes or No. If yes,provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal,controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; 6) Customer references (minimum of three (3)), including name, current address and current telephone number; 7) Credit references (minimum of three (3)), including name, current address and current telephone number; an example of a credit reference could be in the form of a letter from a financial institution,such as a Bank Confirmation Letter(BCL) or other such correspondence, verifying that the Respondent has an existing account and the financial resources to provide the services identified in the Scope of Services. 8) FINANCIAL INFORMATION—SUBMIT BY SEPARATE UPLOAD.In order to determine if a proposer is responsible pursuant to Section 2-347(h), Monroe County Code of Ordinances, all proposals for contracts to be awarded under this section must contain the following information: Financial statements for the prior three (3) years for the responding entity or for any entity that is a subsidiary to the responding entity. Note: Any financial statement that an agency requires for responding to a request for bids/proposals is exempt from disclosure as a public record.Please do not submit your confidential financial information as part of.ramproposal. Please mark as "Confidential" to exercise exemption under Subsection 32 4465 119.071(1)(c), Florida Statutes, and upload by separate upload to Bonfire to maintain confidentiality. There are separate uploads for each set of documents, including confidential financial information. However, any financial information the Respondent includes in the proposal packet,which is not marked as "Confidential", and is uploaded incorrectly, may be disclosed in any public records request and will not be treated as"Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked or submitted. Tab G. Mandatory County Forms (Y/N) Respondent shall complete and execute the mandatory forms, with supporting documentation,as specified below,and shall include them in the appropriate tabbed section of the response. Failure to provide executed documents may result in Respondent being determined to be not responsive and/or not responsible: • Proposer Statement(per subsection 2-347(h), Monroe County Code) • County Forms (& State-mandated provisions) Affidavit • Criminal Background Check Consent Form • Insurance Requirements Form(incl.Release of Liability&Indemnification Statement) • Insurance Agent's Statement(signed by insurance agent) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion • Minority-, Disadvantaged-, Women-, Veteran-Owned Business or Labor Surplus Area Firm Declaration • Civil Rights Compliance Statement • Price Proposal Form SEPARATE DOCUMENT UPLOAD: • Three (3)years of Financial Statements marked"CONFIDENTIAL" 33 4466 5. PART 5—EVALUATION OF SUBMISSIONS & CONTRACT AWARD 5.1. Selection Committee Meeting(s) Following the receipt of Responses, a Selection Committee appointed by the County will meet during a publicly noticed meeting to review and evaluate the Responses based on the criteria herein. Responses received by the specified deadline will be reviewed by the Selection Committee for content, completeness, qualifications, experience, and conformance with the specifications stated herein. The Selection Committee will score the proposals in order with the highest ranked being the proposal with the highest score.In arriving at such ranking the Selection Committee may conduct interviews and/or request presentations, at their option.However,the County reserves the right to complete the selection process without proceeding to an interview phase, and may choose to rank proposals based upon the information supplied in the Responses. Should the County require interviews, the Proposers will be notified a minimum of seven(7) days in advance of such interviews. Respondents may be asked to sit for an interview and make a detailed presentation of their qualifications and services to the Selection Committee at a duly-noticed public meeting. 5.2. Negotiations &Recommendation for Award If the County and the highest-ranked Respondent cannot successfully negotiate a contract consistent with the Sample Agreement, attached hereto, within a reasonable amount of time, the County, in its sole discretion, may terminate such negotiations and begin negotiations with the second-highest ranked Respondent, and so on. The same negotiations procedure may continue in like manner until a contract is executed by the Respondent and ready to present to the BOCC for review and ultimate approval. The County shall be the final authority in the award of the contract. No Respondent shall have any rights against Monroe County arising from such negotiations. A recommendation for award of a contract will be considered by the BOCC at its next duly-noticed public meeting, or soon thereafter.No work performed pursuant to a contract will proceed without written authorization issued in the form of a Notice to Proceed or Notice of Commencement by the County's Contract Manager. 5.3. Execution of Contract The Sample Agreement, attached hereto, shall be the substantive agreement formed between the awarded Respondent and Monroe County, subject to minor alternations, as needed. The Respondent to whom a contract is recommended for award shall be required to return to the County one (1) executed original of the prescribed contract, upon consent and approval of the County Attorney, together with the required certificates of insurance, and proof of any additional required licenses not previously provided, within fifteen (15) days from the date of notice of intended award of the Respondent's proposal. The partially executed agreement will be presented to the BOCC,as described above. 5.4. Primary and Secondary Contracts The County's intent is to award two (2) contracts with the primary contract being awarded to the highest ranked responsive/responsible respondent and a back-up contract being awarded to the second highest responsive/responsible respondent. At the county's sole discretion, the County may also choose to award just one (1) contract to the highest ranked responsive/responsible respondent without the need for a back-up contract. 5.5. Rights Reserved to BOCC Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain irregularities of any kind,or that do not comply in every respect with the RFP,may be rejected at the option of the County. The BOCC reserves the right to reject any and all responses, and to waive technical errors and irregularities as may be deemed best for the interests of the County. Please note 34 4467 that a Response may be rej ected as non-conforming,non-responsive or the Responder may be deemed not responsible in which case the number of points will become irrelevant to the final selection. 5.6. Tabbed Sections The Respondent must adhere to the instructions in this RFP in preparing and submitting this response. Please note that a certain Tab(s) may not have a point value; however, failing to answer the required questions or include the required documents and forms may be grounds for rejection of the Response. The Tabbed sections will be given the following maximum point values used by the Selection Committee to score and evaluate Respondent: EVALUATION DESCRIPTION MAXIMUM CRITERIA POINTS Tab A Executive Summary 5 Tab B Licensure, Qualifications, and Relevant Experience 40 Tab C Tasting, Supplies, and Packaging Quality 25 Tab D Description of Operational Plan 10 Tab E Cost and Price Development 20 Tab F Financial Information and Litigation Y/N Tab G Mandatory County Forms Y/N Total Possible Points 100 5.6.Local Preference 5.6.1 This provision shall constitute notice of the County's Local Preference Policy. The County defines a"Local business"to mean a"vendor[that] has a valid receipt of the business tax paid as issued by Monroe County tax collector at least one year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County. The physical business address must be registered with the Florida Department of State as its principal place of business for at least one year prior to the notice of request for bids or proposals.Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Vendors shall submit a copy of their current receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section." Section 2-349(b), Monroe County Code of Ordinances. 5.6.2. Inclusion of a local preference shall be added to the above evaluation criteria. Should a proposed qualify as a"Local business"is shall receive five (5) additional points on top of the score it has earned based on the criteria indicated above. 5.6.3. In the event the same competitive solicitation amounts are received from two or more responders who are considered by the Board of County Commissioners to be equally qualified and responsive, or when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County,FL. Otherwise,the tie will be resolved by draw from an opaque container. 5.7. Minority-, Disadvantaged-, Women-, Veteran-Owned Business or Labor Surplus Area Firms [Compliance with 288.703,Fla. Stat.,49 C.F.R.Part 26, and 2 C.F.R. §200.3211 Proposers that meet the above definitions and hold the required certifications from the appropriate certifying governmental agencies,will be entitled to an additional five(5)points on top of the score it has earned based on the criteria indicated above. 35 4468 5.8.Best Interests of the County The County shall be the sole judge of its own best interest and the resulting negotiated agreement. In all instances,the County's decision will be final.The Respondent understands that this RFP does not constitute an agreement or a contract with the County.An official contract,or agreement,is not binding until the submission is reviewed and accepted by the County Commission and by all parties. This RFP is intended as the means to identify these highly qualified Respondents with the best services and prices. The County anticipates entering into a contract for catering services with the Respondent who submits the highest ranked proposal as judged by the County on the criteria set forth herein. The Commission's decision shall be final. To the extent any conflicts arise within the RFP and other documentation related to this solicitation, the provision that best serves the interests of Monroe County, as determined by the BOCC, shall prevail. 36 4469 PART 6—REQUIRED FORMS CHECKLIST ACKNOWLEDGEMENT I Response (tabbed per each criterion) 2 Proposer's Statement(per subsection 2-347(h), Monroe County Code) 3 County Forms (& State-mandated provisions) Affidavit 4 Criminal Background Check Consent Form 5 Insurance Requirements Form (incl.Release of Liability &Indemnification Statement) 6 Insurance Agent's Statement(signed by insurance agent) 7 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 8 Minority-, Disadvantaged-,Women-, Veteran-Owned Business or Labor Surplus Area Firm Declaration 9 Civil Rights Compliance Statement 10 price Proposal Form I I SEPARATE DOCUMENT UPLOAD: Three (3)years of Financial Statements marked"CONFIDENTIAL" Proposer, states by its check mark in the blank beside the form and by its authorized representative's signature that it has provided the following forms: Company FEIN: Company Name: D/B/A (if applicable) Company Ownership: Years in Business: Company Address: Company Phone Number: Fax: Company Web Address: Number of Employees: Company E-mail: Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: Title: Phone Number: Email Address: The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal. Date: Signed: (Signature of Authorized Representative) (Name & Title) 37 4470 PROPOSER'S STATEMENT Section 2-347(h), Monroe County Code of Ordinances The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: MONROE COUNTY c/o BOARD OF COUNTY COMMISSIONERS I100 SIMONTON STREET, KEY WEST, FLORIDA 33040 Check One Submitted By: ❑ Corporation Name: ❑ Partnership Address: ❑ Individual City, State, Zip ❑ Other Telephone No. Fax No. I. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the principal place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. Provide a list of the officers and directors of the entity: If Respondent is a corporation, answer the following-- a. Date of Incorporation: b. State of Incorporation: C. President's Name: d. Vice President's Name: e. Secretary's Name: f. Treasurer's Name: g. Name and Address of Resident Agent: If Respondent is an individual or a partnership, answer the following-- a. Date of Organization: b. Name, Address and Ownership Units of all Partners/Officers/Directors: C. State whether general or limited partnership: 3. Qualified Disadvantaged Business Enterprise, or Small, Minority-owned, Women- YES NO owned, Veteran-owned Business Enterprise, or labor surplus area firm: If Yes,provide documentation of certification, or other proof of qualification. 4. For Local Preference: Local Business as defined in Section 2-349, Monroe County Code of Ordinances: If Yes,provide documentation or other proof of qualification. YES ❑ NO 5. If Respondent is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 38 4471 6. Provide a list of the person's or entity's shareholders with five percent(5%)or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or,if a solely owned proprietorship,names(s) of owner(s): 7. Provide the number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects): a. List the number of years and under what other names has your organization operated? 8. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and/or state registration. 9. Has the person,principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? YES ❑ NO ❑ If yes,provide details. 10. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers,directors, or general partners? YES ❑ NO If yes,provide details. II. Has the person,principal of the entity, entity,or any entity previously owned, operated or directed by any of its officers,major shareholders or directors,within the last five (5)years,been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? YES ❑ NO ❑ If yes,provide details. 12. Has the person,principal of the entity,or any entity previously owned, operated or directed by any of its officers,owners,partners,major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? YES ❑ NO If yes,provide details. 39 4472 13. Whether,within the last five (5)years,the owner, an officer,general partner,principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. YES ❑ NO ❑ If yes,provide details. 14. Customer references(minimum of three(3)),including name,current address and current telephone number: 15. Credit references (minimum of three (3)), including name, current address and current telephone number: 16. CERTIFICATION OF SEPARATE CONFIDENTIAL UPLOAD: Financial statements for the prior three(3)years for the responding entity or for any entity that is a subsidiary to the responding entity: Confirm separate upload: YES NO 17. Any financial information requested by the county department involved in the competitive solicitation,related to the financial qualifications,technical competence,the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. Confirm ,your understanding of the County's ability to request additional information: YES NO The Proposer acknowledges and understands that the information contained in response to this Proposer's Statement shall be relied upon by County in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's ability to perform under the contract may cause the County to rej ect the proposal,and,if after the award,to cancel and terminate the award and/or contract. Proposer's Signature Date State of- County o£ I HEREBY CERTIFY The foregoing instrument was sworn to or affirmed before me by means of ❑ physical presence or ❑ online notarization, this day of 2025, by (name of person) as (type of authority) for (name of party on behalf of whom instrument was executed). ❑ Personally known to me,or❑Produced identification WITNESS my hand and official seal. NOTARY PUBLIC NOTARY PUBLIC, STATE OF FLORIDA SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) 40 4473 COUNTY FORMS (& STATE-MANDATED PROVISIONS)AFFIDAVIT By signing this Affidavit, Respondent has sworn or affirmed to the following requirements as set forth below: Public Entity Crime Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, Respondent hereby certifies and attests that neither it nor its affiliate(s)have been placed on the convicted vendor list following a conviction for a public entity crime.If placed on that list,Respondent must notify the County immediately and is prohibited from providing any goods or services to a public entity;may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids/proposals on leases of real property to a public entity; may not be awarded or perform work as a Respondent, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes., as amended from time to time, for Category TWO ($35,000) as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Respondent hereby acknowledges its immediate and ongoing obligation to notify the County if it is placed on the convicted vendor list. Discriminatory Vendor List Respondent hereby acknowledges its continuous duty to disclose to the County if the Respondent or any of its affiliates,as defined by Section 287.134(l)(a),Florida Statutes,are placed on the Discriminatory Vendor List.Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity." Foreign Gifts and Contracts Respondent hereby acknowledges and agrees it must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b), Florida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." Ethics Clause pursuant to Monroe County Ordinance No. 010-1990 By signing this Affidavit, the Respondent warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. Drug-Free Workplace Respondent in accordance with Section 287.087, Florida Statutes,hereby certifies that Respondent shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 41 4474 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that Respondent complies fully with the above requirements. Vendor Certification Regarding Scrutinized Companies Lists Respondent agrees and certifies compliance with the following: 1. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 2. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above as "Respondent" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. 3. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted sus Mended—discriminatory complaints—vendor—lists Non-Collusion Affidavit Respondent by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Respondent,the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or 42 4475 agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Compliance with Foreign Countries of Concern pursuant to Section 287.138, F.S. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Respondent provides the County with an affidavit signed by an authorized representative of the Respondent, under penalty of perjury, attesting that the Respondent does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. The below box must be completed to satisfy this requirement. Violations of this Section will result in termination of any forthcoming agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: E-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Respondent acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of. a) All persons employed by Respondent to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Respondent to perform work pursuant to the contract with the County. The Respondent acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By executing this Affidavit, Respondent becomes obligated to comply with the provisions of Section 448.095,Florida Statutes, "Employment Eligibility," as amended from time to time. This includes, but is not limited to,utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Respondent attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Respondent agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095,Florida Statutes, as amended, and Respondent may not be awarded a public contract for at least one (1)year after the date on which the Agreement was terminated. Respondent will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Antitrust Violations, Denial or Revocation under Section 287.137, F.S. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list(electronically published and updated quarterly by the State of 43 4476 Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal,or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, Respondent certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.137, Florida Statutes, as amended. Noncoercive Conduct for Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Respondent is required to provide an affidavit under penalty of perjury attesting that Respondent does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As an authorized representative of Respondent, I certify under penalties of perjury that Respondent does not use coercion for labor or services as prohibited by Section 787.06, Fla. Stat. Additionally, Respondent has reviewed Section 787.06, Fla. Stat., and agrees to abide by same. County Suspended Vendor List The eligibility of persons to bid for an award of County contract(s), or enter into a contract, may be suspended pursuant to Sec. 2-347(l) of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work (e.g. subcontractor in a bid or contract)pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity.By signing this Affidavit, Respondent certifies that he/she/it is not a County-suspended vendor pursuant to Sec. 2-347(1),Monroe County Code. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING REQUIRED AFFIDAVIT CONTAINING THE ABOVE SWORN ATTESTATIONS AND THAT THE FACTS STATED HEREIN ARE TRUE. (Signature of Authorized Representative of Respondent) (Date) STATE OF COUNTY OF I HEREBY CERTIFY The foregoing instrument was sworn to or affirmed before me by means of ❑ physical presence or ❑ online notarization, this day of 2025, by (name of person) as (type of authority, e.g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed). WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF NOTARY PUBLIC FLORIDA SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification Type of ID: 44 4477 CONSENT TO CRIMINAL BACKGROUND CHECK Please be aware, a Criminal History Background Check will be run on you pursuant to the County's standard operating procedure and the terms and conditions of this solicitation.Once a contract for services in formed between you and the County, the County may request a Criminal History Background Check (for contracted services/employment purposes) at any time during the term/tenure of your contract for services/employment. I have read the above statement and understand it completely, and I voluntarily agree to it. Proposer's Signature Date Proposer's Printed Name ATTESTATION OF COMPLIANCE—EMPLOYER AUTHORITY : ALL EMPLOYERS are required to annually submit this form attesting to compliance with the provisions of Chapter 435 and Section 430.0402 of the Florida Statutes. The term "employer" means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, Lead Agencies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DOEA), and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See Sections 435.02 and 430.0402, Fla. Slats. A direct service provider is"a person 18 years of age or older who,pursuant to a program to provide services to the elderly, has direct, face-to-face contact with the client's living areas, funds, personal identification information as defined in Section 817.568. The term also includes,but is not limited to, the administrator or a similarly titled person who is responsible for the financial operations of the provider, coordinators, managers, and supervisors of residential facilities, and volunteers, and any other person seeking employment with a provide who is expected to,or whose responsibilities may require him or her to,provide personal care or services directly to clients or have access to client funds, financial matters, legal matters, personal property, or living areas." Section 430.0402(1)(b), Fla. Stat. (2024). As the duly authorized representative o£ located at: ,under penalty of perjury, I, hereby swear or affirm that the above-named employer is in compliance with the provisions of Chapter 435 and Section 430.0402 of the Florida Statutes,regarding level 2 background screenings. Signature of Representative Date 45 4478 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Respondents and Subcontractors As a pre-requisite of the work and services governed, or the goods supplied under this contract(including the pre-staging of personnel and material), the Respondent shall obtain, at his/her/its own expense, insurance as specified in the attached schedules,which are made part of this contract. The Respondent will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Respondent. Alternatively, the Respondent may require all Subcontractors to obtain insurance consistent with the attached schedules. The Respondent will not be permitted to commence work governed by this contract(including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Respondent to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Respondent's failure to provide satisfactory evidence. The Respondent shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Respondent to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Respondent's failure to maintain the required insurance. The Respondent will be held responsible for all deductibles and self-insured retentions that may be contained in the Respondent's Insurance policies. The Respondent shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance,or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation,non-renewal,material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Respondent's insurance shall not be construed as relieving the Respondent from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 46 4479 Respondent shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. Depending on the extent of contractual obligations incurred by the Respondent, the below insurances will be required. Insurances can be altered via written waiver by County's Risk Manager, if required. The Respondent must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Respondent must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or MCFR whenever acquired,amended, and annually during the term of this Agreement. Prior to execution of this Agreement, Respondent shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence,and$100,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. c) COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include,as a minimum:Premises Operations, Products and Completed Operations, Blanket Contractual Liability, and Personal Injury Liability. An Occurrence Form policy is preferred.If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve(12)months following the acceptance of work by the County. d) CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. The underwriter of such insurance shall be qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Respondent to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. In the event that the Respondent subcontracts any or all of the work in this project to any third party, the Respondent specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Respondent specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. INDEMNIFICATION& RELEASE OF LIABILITY Notwithstanding any minimum insurance requirements prescribed elsewhere in this solicitation, Proposer shall defend, indemnify, and hold the COUNTY, and the COUNTY's elected and appointed officers and employees, harmless from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury 47 4480 (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against,initiated with respect to,or sustained by, any indemnified party by reason of,or in connection with: (A) any activity of Proposer or any of its employees, agents, contractors or other invitees during the solicitation process and any ensuing agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Proposer or any of its employees, agents, sub-contractors or other invitees, or (C) Proposer's default in respect of any of the obligations that it undertakes during the solicitation process and under the term of any ensuing agreement,except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise solely from the intentional or negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Proposer). Nothing contained herein is intended, nor may be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time;nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this solicitation or ensuing agreement. To the extent considered necessary by the Contract Manager, any sums due Proposer under an ensuing agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved,and any amount withheld is not subject to payment of interest by the County.Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during or after the term of an ensuing agreement, and the rights and immunities reserved to the County, this section will survive the expiration of the term of the ensuing agreement or any earlier termination of same. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signature Date 48 4481 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Date 49 4482 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Prospective Contractor's Covered Transactions (1) The prospective contractor of the County as sub-recipient of state and federal grant funding certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the County's prospective contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. PROSPECTIVE CONTRACTOR: By Signature Recipient's Name Older Americans Act Contract No. 2529 Name and Title Division Contract Number Street Address City, State, Zip Date 50 4483 Minority-.Disadvantaged-,Women-. Veteran-Owned Business. or Labor Surplus Area Firm Declaration a proposer seeking a contract from Monroe County during the completion of work associated with the below indicated project(Check one, or indicate N/A for not applicable). is a minority business enterprise, as defined in Section 288.703, Fla. Stat., or is a Disadvantaged Business Enterprise as defined in 49 C.F.R.Part 26; or is a small businesses, minority businesses,women's business enterprises,veteran- owned businesses, and labor surplus area firm, as listed by U.S. Department of Labor's list, or Florida portal: https://vendor.myfloridamarlcetplace.com/search/vendor). [Compliance with 2 C.F.R. §200.321]. F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida, and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$I million.For purposes of this subsection,the term "related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. (Contractor may refer to F.S.288.703 for more information.) Contractor Grant Sub-Recipient: Monroe County Federal/State Contract: Signature Date Older Americans Act Contract No. 2529 Print Name: Printed Name: Title: Title/OMB Department: (VERIFIED) Address: Verified via: https;//osd.dms.myflorida.com/directories City/State/Zip 51 4484 CIVIL RIGHTS COMPLIANCE STATEMENT Civil Rights Act of 1964, Title VI and V11 A. The Provider hereby certifies that there will be no discrimination against any employee or person served on account of race, color, sex, religious background, ancestry, or national origin in its performance of the food service Contract. B. The Provider hereby certifies that it shall comply with Title VI of the Civil Rights Act of 1964 (42 USA 2000d) in regard to persons served, and the regulations issued pursuant thereto (45 CFR, Part 80). C. The Provider hereby certifies that it shall comply with Title V11 of the Civil Rights Act of 1964 (42 USC 20003) in regard to employees or applicants for employment, and nay regulations issued pursuant thereto. D. It is expressly understood that upon receipt of evidence of such discrimination, the Monroe County Nutrition Program, Alliance for Aging, and/or the Department of Elder Affairs shall have the right to terminate the food service agreement automatically and without penalty to any governmental entity. PROVIDE WRITTEN STATEMENT OF COMPLIANCE WITH THE ABOVE OR EXECUTE BELOW Signature Date Print Name and Title 52 4485 PRICE PROPOSAL FORM FOOD SERVICE MEAL CATERING BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of. Food (Meal) Catering for the Monroe County Social Services ("MCSS")Nutrition Program,and having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself/itself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish all labor, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work and work incidental hereto,in a workman-like manner,in conformance with specifications, and other contract documents including Addenda issued thereto. The undersigned further certifies that he/she/it has been given the opportunity to personally inspect the actual location(s) of where the services/work is to be performed, together with the local sources of supply and that he/she/it understands the conditions under which the services/work is to be performed. ***PROPOSER MUST DEMONSTRATE HOW THIS PRICE RESPONSE IS CONSISTENT WITH CURRENT INDUSTRY PRICING FOR THE SAME OR SIMILAR SERVICES*** 1. Average Cost per Meal (all meals of all types): $ Amount in Writing 2. Breakdown of Average Meal Cost: Labor % Food % Supplies,including disposables % Transportation % Overhead % I acknowledge receipt of Addenda No.(s): No. Dated No. Dated (Signature of Authorized Representative of Respondent) (Date) (Print Name) 53 4486 Part 7—ATTACHMENTS ATTACHMENT 1 —SAMPLE MENU Monday Tuesday Wednesday Thursday Friday Alternate Alternate 3 oz. Salisbury 3 oz. Baked Ham 8 oz.Three 3 oz. Meatloaf w/ 4 oz. Krabmeat 8 oz.Old Fashioned 3 oz. Scrambled Eggs Steak with Brown /z c. Sweet Potato Cheese Macaroni Country Style Salad Beef Stew with Carrots and Turkey Sausage Gravy Souffle Casserole Gravy /z c.Three Bean and Potatoes in Gravy /z c. Chunky Breakfast /z c. Seasoned /z c. Corn Relish /z c. Seasoned /z c. Green Beans Salad /z c. Chopped Potatoes Carrots 1 sl.Whole Grain Carrots /z c. Stewed /z c.Tossed Salad Broccoli /z c. Spiced Peaches LL /z c. Cut Broccoli Bread /z c. Green Peas Tomatoes w/French Dressing /z c.Apples 1 Whole Grain LL 1 sl.Whole Grain Margarine 1 sl.Whole Wheat 1 sl.Whole Grain 2 sl.Whole Wheat w/Raisins Sandwich Bun Sandwich Bun /z c. Pineapple Bread Margarine Bread Bread 1 Whole Grain Roll/ Margarine Margarine Cup /z c. Peach Cup Margarine Fresh Fruit 2 Margarine /z c. Orange Juice Fresh Fruit 8 oz. 1% Low Fat 8 oz. 1% Low Fat /z c.Applesauce 8 oz. 1% Low Fat /z c. Mixed Fruit 8 oz. 1% Low Fat Milk 8 oz. 1% Low Fat Milk Milk 8 oz. 1% Low Fat Milk 8 oz. 1% Low Fat Milk Milk Milk Monday Tuesday Wednesday Thursday Friday Alternate Alternate 4 oz.Apple Juice 3 oz. Chop Steak 3 oz. Batter 3 oz. Swedish 3 oz. Grilled BBQ 3 oz. Cheese 4 oz.Apple Juice 3 oz. Frankfurter in a Ranch Style Dipped Fish Filet Meatballs over Chicken Breast Omelet 3 oz. Baked Ham in a and Baked Beans Gravy Nuggets /z c. Noodles /z c.Au Gratin /z c. Potatoes O' Pineapple Sauce /z c. Parsley Yellow /z c. Steakhouse /z c. Green Beans /z c. Seasoned Potatoes Brien /z c. Sweet Potato Corn Potatoes with Diced Red Carrots /z c. Green Peas /z c. Strawberry Souffle LL /z c. Cut Green /z c. Peas and Peppers /z c. Broccoli Cuts and Corn Applesauce Crisp /z c. Corn Relish LL Beans Carrots /z c. Cheesy 1 sl.Whole Wheat 1 sl.Whole Grain 1 sl.Whole Grain 1 sl.Whole Grain 1 Hot Dog Bun/ 1 sl.Whole Wheat Mashed Potatoes Bread Margarine Bread Bread Bread Margarine Margarine Bread Margarine 1 sl.Whole Wheat /z c.Applesauce Margarine Margarine 8 oz. 1% Low Fat Milk /z c. Chocolate /z c. Peach Cup Bread 8 oz. 1% Low Fat Fresh Fruit /z c. Orange Juice Pudding 8 oz. 1% Low Fat /z c. Mixed Fruit Milk 8 oz. 1% Low Fat 8 oz. 1% Low Fat 8 oz. 1% Low Fat Milk 8 oz. 1% Low Fat Milk Milk Milk Milk Monday Tuesday Wednesday Thursday Friday Alternate Alternate 3 oz. Chicken 3 oz. Oven Broiled 3 oz. Lemon 3 oz. BBQ Pork 8 oz. Macaroni and 3 oz. Scrambled 8 oz. Italian Lasagna Nuggets in a Beef Patty with Pepper Chicken Riblet Beef Casserole Eggs and Turkey Casserole Pineapple Sauce Brown Gravy /z c. Potatoes /z c. Old /z c. Green Peas Sausage /z c. Green Beans M c. Mixed /z c. Mashed Florentine Fashioned Baked /z c.Vegetable /z c. Breakfast /z c. Carrot Cuts Vegetables Potatoes /z c. Glazed Beans with Blend Potatoes 1 sl.Whole Grain /z c. Corn and /z c. Italian Flat Carrots Tomato Bits 1 sl.White Bread/ /z c. Spiced Bread LL Green Pea Medley Beans 1 sl.Whole Grain /z c. Confetti Corn Margarine Peaches Margarine LL 1 sl.Whole Wheat 1 sl.Whole Grain Bread 1 sl.Whole Wheat Fresh Fruit in 1 Whole Grain /z c. Mixed Fruit Cup Bread Bread/Margarine Margarine Bread Season Sandwich Bun 8 oz. 1% Low Fat Milk 1 pkt. Raisins /z c. Peach Cup /z c.Applesauce /z c. Pear Cup 8 oz. 1% Low Fat Margarine 8 oz. 1% Low Fat 8 oz. 1% Low Fat Cup 8 oz.1%Low Fat Milk /z c. Pineapple Milk Milk 8 oz. 1% Low Fat Milk Juice Milk 8 oz. 1% Low Fat Milk Monday Tuesday Wednesday Thursday Friday Alternate Alternate 3 oz. Crispy 3 oz. BBQ 3 oz. Pork Cutlet 3 oz. Breaded 4 oz. Egg Salad 3 oz. Swiss Steak 8 oz. Manicotti Alfredo Chicken Breast Meatballs over w/Brown Gravy Fish Filet '/z c. Broccoli with Mushroom with Primavera Patty Rice '/z c. Mashed '/z c. Mixed Salad Tomato Gravy Vegetables M c. Skin On '/z c. Green Peas Potatoes Garden '/z c.Tossed Salad '/z c. Garlic /z c Green Peas Potato Chunks /z c.Whole /z c. Peas and Vegetables w/Dressing Mashed Potatoes /z c. Carrots CL '/z c. Cut Broccoli Kernel Corn Carrots '/z c. Seasoned 2 sl.Whole Wheat /2 c.Summer Garden 1 Plain Dinner Roll/ 1 sl.Whole Grain 1 sl.White Bread 1 sl.Whole Grain Broccoli Bread Vegetable Medley Margarine LL Bread Margarine Bread 1 Whole Grain Margarine 1 sl.Whole Grain /z c. Chocolate Margarine Fresh Fruit in Margarine Bread Fresh Fruit in Bread/Margarine Pudding g oz. 1% Low Fat Milk '/z c. Diced Mixed Season '/z c. Pineapple Margarine Season '/z c. Peach Cup Fruit Cup 8 oz. 1%Low Fat Cup '/z c. Mixed Fruit 8 oz. 1%Low Fat 8 oz. 1%Low Fat 8 oz. 1%Low Fat Milk 8 oz. 1%Low Fat Cup Milk Milk Milk Milk 8 oz. 1%Low Fat Milk 54 4487 ATTACHMENT 2 —BEVERAGE AND CONDIMENT LIST Note: Appropriate condiments should be offered with meals and shown on the 4-week menu cycle. These are required to be furnished. Each item should be priced separately, indicating the quantity and price per package. Beverages 8 oz. 1%Low-Fat Milk,Powdered Skim Milk,or Parmalat(shelf-stable)Milk with each meal Tea Bags,Individual Packs Instant Tea, I Gallon Packages Regular Coffee Decaffeinated Coffee Condiments Butter,Individuals Pats Margarine,Individual Pats Salt,Individual Packs Pepper,Individual Packs Salad Dressings,Individual Packs Lemon Juice,Individual Packs Tartar Sauce,Individual Packs Ketchup,Individual Packs Mustard,Individual Packs Mayonnaise,Individual Packs Relish,Individual Packs Sugar,Individual Packs Sugar Substitute,Individual Packs 55 4488 ATTACHMENT 3 —SAMPLE SUPPLY LIST AND ORDER SHEET Note: Supply Items are ordered with meals by the Meal Sites according to their needs. Each item should be priced separately,indicating the quantity and price per package. Hair Nets Plastic Aprons Dish Sponges/Scrubbing Pads Can Liners, 30 Gallon Liquid Dish Soap(Detergent),Bottles Multipurpose Kitchen Cleaner, Spray Bottles Bleach,Gallon Handi Wipes Towel Poly Bags,(T Sacks) Paper Placemats Plastic Sandwich Bags(6.5"x7.5") Plastic Disposable Food Service Gloves,Boxed Paper Lunch Bags Plastic Utensils: Knives,Forks, and Spoons wrapped together Plastic Jumbo Straws,bulk or individually wrapped Paper Napkins,bulk 8 oz.Disposable Drinking Cups Plastic,Paper,or Foam Plates and Bowls 3 Compartment Take Out Containers 56 4489 ATTACHMENT 4 —FOOD SPECIFICATIONS AND NUTRITIONAL ANALYSIS NOTE: ALL FOOD SPECIFICATIONS AND NUTRITIONAL ANALYSIS REQUIREMENTS ARE PROVIDED IN THE LATEST EDITION OF THE FLORIDA DEPARTMENT OF ELDER AFFAIRS MANUAL. Conformity to the standards included in this(Attachment 4)will be assured by planning menus using the criteria included herein. Attestation Statements Caterer: Date: Registered/Licensed Dietician's Name(please print): RD's Contact Phone Number: I attest that the attached menus have been analyzed with computer software programming using (software). These menus meet the Department of Elder Affairs guidelines as outlined in Chapter 5 of the 2023 DOEA Programs and Services Handbook (hgps://alIianceforag g.org/wp-content/uploads/2023-Chapter-5-Older-Americans-Act-Title-IIIC.pddf7 and Computer-Assisted Menu Development requirements with the following specifics — • These menus provide 33 113% of the Daily Recommended Dietary Allowance per meal using the reference intakes for 5 1+year-old adults, • Analysis must include: Calories, Protein, Fat, Fiber, Calcium, Zinc, Sodium, Potassium, Magnesium, Vitamins B6, B 12, C, and A. • Adequate amounts must be provided daily of Calories, Protein, Fat, Fiber, Calcium, Vitamin B6 and Vitamin C. • Items that provide the following target nutrients should be identified on the menu. Vitamin C—must provide at least 25 mg per meal. • Vitamins A and B 12, Zinc, Magnesium, Sodium and Potassium may be averaged over one week; however, no individual meal shall exceed 1000 mg of Sodium. • Vitamin A—must provide an average of 233 ug per day over the course of a week. I have confirmed that these menus comply with the current Dietary Guidelines for Americans. Registered/Licensed Dietitian Signature State of Florida License Number This form should be attached to signed menus for submission to Alliance for Aging,, Inc. for approval. 57 4490 Part 8 —SAMPLE AGREEMENT AGREEMENT between MONROE COUNTY,FL and for FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGRAM Primary Contractor THIS AGREEMENT is made and entered into this day of , 202 , by and between the Monroe County, Florida, a political subdivision of the State of Florida, with principal offices located at 1100 Simonton Street, Key West, FL 33040 (the "County") and a corporation with principal offices located at (the "Contractor")to provide Now therefore,in exchange for good and sufficient consideration, the parties hereby agree to the following terms and conditions: 1) The Contract Documents The contract documents consist of this Agreement , and Contract Number AA2529 (Older Americans Act ("OAA") — Standard Contract between Alliance for Aging, Inc. and Monroe County, Florida), and subsequent grant agreements reflecting OAA annual funding awards to Monroe County, Florida. These contract documents form the Agreement, and all are incorporated herein as if set forth in full. In the event of a conflict between the aforementioned documents, any duly executed amendment to this Agreement will control, followed by the and then in that order. Any ambiguities contained in any of the referenced document herein are to be resolved in favor of the County. 2) The Work/Services The parties acknowledge that this food service contract must be submitted and approved by the Alliance for Aging prior to implementation. The Contractor must perform all work for the County required by this Agreement, and as set forth below: a) Contractor will furnish all labor,materials,and equipment necessary as the prim contractor, and as indicated in contract documents attached hereto and incorporated here. b) In addition,upon request by the County, Contractor must provide sample meals to the County intended to be used for the Nutrition Program for the purposes of quality control, within a timeframe agreed upon by both parties. If new items are introduced into the menu, a sample must be provided to the Nutrition Program and tested prior to using in meal service. c) Menu plans proposed for the Nutrition Program must be approved by the Program's Registered Dietician, the Nutrition Program Director, and the Alliance for Aging, Inc., as the final menu prior to implementation. Menu plans, as approved,must be adhered to. d) The weekly delivery schedule will be decided and agreed upon by the County's Contractor Manager and the Contractor, but must include the following: 1.) Deliveries will be made on weekdays only;2.) The delivery schedule must specify when service will be provided(day and time) at each of the Congregate Meal Site locations; and 3.) The delivery schedule should be the same every week. The Page Iof15 58 4491 Part 8 —SAMPLE AGREEMENT County's Contract Manager must approve deviations from the schedule due to special circumstances.Provisions for special deliveries,such as emergency meals, will be determined and agreed upon by the County's Contract Manager and the Contractor. The Nutrition Program may observe thirteen (13) holidays, when no meals will be served. As such, deliveries are not to be made on weekends or holidays. If circumstances warrant, the Nutrition Program can change this on a case-by-case basis with written approval by the County. e) Locations for meal deliveries and levels of service may be modified(increased or decreased) by the County during the contract based on location demands, reductions in funding, or demands for service. f) Contractor must supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor must comply with all OSHA safety rules and regulations, as well as all relevant food safety rules and regulations,in the performance of the work. Contractor must at all times have a competent field supervisor on the meal site to enforce these policies and procedures at the Contractor's expense. g) Contractor must comply with the latest versions of the Department of Elderly Affairs ("DOEA") Programs and Services Manual, and the DOEA Financial Management Manual, as well as any and all Federal, State, and local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor,its employees, agents or subcontractors,if any, with respect to the work and services described herein. Contractor shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement, if not previously submitted to the County. h) Contractor warrants that all goods,materials,and workmanship furnished,whether furnished by the Contractor or its subcontractors and suppliers, will comply with the specifications and descriptions supplied or adopted through the contract documents. i) Contractor must complete such forms as County deems necessary in furtherance of its grant award from the state and/or federal government. Additionally, Contractor must supply information for nutrition reporting on labor costs and raw food costs, as requested. 3) Changes in the Work a) Without invalidating the Agreement, the County may, at any time or from time to time, order additions, deletions or revisions in the work; these must be authorized by Change Orders. The Contractor understands and agrees that any cost resulting from a change or modification,change order,or constructive change of the Agreement must be within the scope of the RFP and the County's grant agreement that funds the Nutrition Program and be reasonable to achieve its goals. Any contract change or modification, change order, or constructive change must be approved in writing by both the County and Contractor. If the Contractor requests to make a minor materials or requirement substitution within the proposal, and such change is deemed de minimus by the County (e.g. the proposed substitution is an equivalent industry standard and will result in no price change) and submitted in writing, and must be approved by the County in writing prior to implementation. b) The Contractor will not be entitled to an increase in the contract sum or payment or compensation of any kind from the County for direct,indirect, consequential,impact or other costs,expenses or damages,including but not limited to costs for acceleration or inefficiency arising because of delay, disruption, interference or hindrance from Page 2 of 15 4492 59 Part 8 —SAMPLE AGREEMENT any cause whatsoever, whether such delay, disruption,interference or hindrance was avoidable or unavoidable. The Contractor's recovery of damages and sole remedy for any delay caused by the County is exclusively an extension of time on the Contract, and only for an amount of time authorized in writing. 4) Contract Amount Contractor will perform contract requirements with pricing pursuant to Invoices are to be sent to the Monroe County Nutrition Program Director on a weekly basis. The Monroe County Office of Management and Budget (Finance Department) and the Monroe County Clerk and Comptroller processes and issues checks and payments. Payment by the County of an undisputed invoice submitted by the Contractor will be processed within 30 business days after being stamped as received, or otherwise as provided in accordance with the Florida Prompt Payment Act, Section 218.735, Fla. Stat., as amended. County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials.Contractor shall be responsible for any and all taxes,or payments of withholding, related to services rendered under this Agreement. a) Additionally, the Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. b) Rate Increase Thresholds requirements. Rates may only increase if approved through the formal procedure set forth in Contract Number AA2529 (Older Americans Act ("OAA") — Standard Contract between Alliance for Aging, Inc. and Monroe County, Florida), and subsequent grant agreements reflecting OAA annual funding awards to Monroe County, from one year to the next at a rate consistent with the annual rate of inflation in the Consumer Price Index (CPI) percentage change for all items as determined by the Bureau of Labor Statistics for the 12-months prior to the DOEA's required Area Plan submission date and as per the Alliance policy incorporated herein by reference. See Z�4air wwtiv� 1, %�,� p:; ;;u�Yi. r i.... �xn; a x/�a xp; u���a ::::.: ���a %x;n��a ggnL!,j(jr . Prior to any rate increase being authorized, the Contractor must submit a written request according to the timelines and formal procedures required by the Alliance for Aging, Inc. in said grant agreement(s), incorporated herein by reference. 5) Agreement Subject to Funding The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn,this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date; as such this agreement is contingent on the County's receipt of federal funding through Title III C-1 and C-2 of the Older Americans Act, as administered by the DOEA and the Area Agency on Aging (for PSA-11 it is Alliance for Aging, Inc.) and such other available grant funding sources. 6) Contract Term The parties expressly agree that the initial contract term begins on July 1, 2025, Page 3 of 15 4493 60 Part 8 —SAMPLE AGREEMENT retroactively effective,and will expire on June 30,2026.A renewal of this Agreement may be accomplished in one (1) year intervals by the County Administrator exercising her administrative approval authority vested pursuant to the Monroe County Purchasing Policy, so long as all renewals are made expressly subject to the same terms and conditions as provided herein. This Agreement may be extended for up to two (2) successive one (1) year periods(each a"Renewal Term").Notwithstanding the above,any renewal authorized administratively must not exceed the total value of$100,000.00 without the prior formal approval of the Monroe County Board of County Commissioners.As used herein,the"total value" is calculated by adding the value of each administratively approved renewal, plus any value-added amendments, after the Monroe County Board of County Commissioners' most recent formal approval. 7) Conditions for Emergency/Hurricane or Disaster It is hereby made a part of this agreement that before,during and after a public emergency, disaster, hurricane, flood,pandemic or other substantial loss that the Monroe County will require a"first priority"basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public safety and health, as determined by the County Administrator,or her designee. Contractor agrees to rent/sell/lease all goods and services to the County or other governmental entities, as opposed to a private citizen or corporation,on a first priority basis. The County expects to pay a fair and reasonable price for all products/services in the event of a disaster, pandemic, emergency or hurricane. Awarded Contractor must furnish a twenty-four(24) hour telephone number in the event of such an emergency. 8) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the County's employee for any purposes,including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement will be those of Contractor, which policies of Contractor will not conflict with County, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the County, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement must not be construed as creating any joint employment relationship between the Contractor and the County and the County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 9) Assignment and Subcontracting Contractor must not transfer or assign the performance required by this Agreement without the prior written consent of the Board of County Commissioners. This Agreement, or any portion thereof,must not be subcontracted without the prior written consent of the County nor may the Contractor assign any monies due or to become due to him or her,without the previous written consent. Page 4 of 15 4494 61 Part 8 —SAMPLE AGREEMENT 10) Termination a. Termination for Uncurable Default In the event the Contractor shall default in or violate any of the terms,obligations, restrictions or conditions of this Contract in a manner that is uncurable (as determined in the sole discretion of the County), the County may, upon written notice to the Contractor,terminate this Contract effective immediately.In the event of such termination the County may hold the Contractor liable for any and all damages sustained by the County arising out of such default, including but not limited to costs of reprocurement and cover. b. Termination for Curable Default In the event the Contractor shall default in any of the terms,obligations,restrictions or conditions in the Contract Documents in a manner that is curable(as determined in the sole discretion of the County), the County shall give the Contractor written notice by registered, certified mail of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within three (3) calendar days thereof. In the event the Contractor has failed to correct the conditions(s) of the default or the default is not remedied to the satisfaction and approval of the County, the County shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case the Contractor shall be liable for any and all damages permitted by law arising from the default and breach of the Contract. c. Termination for Convenience of County Upon thirty (30) calendar days written notice delivered by certified mail, return receipt requested, to the Contractor, the County may without cause and without prejudice to any other right or remedy, terminate the Contract for the County's convenience whenever the County determines that such termination is in the best interest of the County. Where the Contract is terminated for the convenience of the County the notice of termination to the Contractor must state that the Contract is being terminated for the convenience of the County under the termination clause and the extent of termination. The Contractor shall discontinue all work on the appointed last day of service. 11) Remedies a) Damages The County reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement,or for losses sustained by the County resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. b) Correction of Work If, in the judgment of the County, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the County reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the County, and/ or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The County is the sole judge of non-conformance and the quality of workmanship or products. 12) Insurance Requirements Contractor shall obtain and maintain at its own expense the insurance coverages listed within the Request for Proposals, attached hereto. Page 5 of 15 62 4495 Part 8 —SAMPLE AGREEMENT 13) Indemnification &Hold Harmless Notwithstanding any minimum insurance requirements prescribed, Contractor shall defend, indemnify, and hold the County, and the County's elected and appointed officers and employees, harmless from and against(1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with: (A) any activity of Contractor any of its employees, agents, subcontractors or other invitees during the agreement,(B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents, sub- contractors or other invitees,or(C)Contractor's default in respect of any of the obligations that it undertakes during the term of the agreement,except to the extent the claims,actions, causes of action, litigation,proceedings, costs or expenses arise solely from the intentional or negligent acts or omissions of the County or any of its employees,agents,subcontractors or invitees (other than Contractor). Nothing contained herein is intended, nor may be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this agreement. To the extent considered necessary by the Contract Manager, any sums due Contractor under the agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the County.Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during or after the term of the agreement, and the rights and immunities reserved to the County, this section will survive the expiration of the term of the agreement or any earlier termination of same. 14) Discriminatory Vendor List Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of its affiliates,as defined by Section 287.134(1)(a),Florida Statutes,are placed on the Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." 15) County Suspended Vendor List The eligibility of persons to bid for an award of County contract(s),or enter into a contract, may be suspended pursuant to sec. 2-347(l) of the Monroe County Code of Ordinances.In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work (e.g. subcontractor in a bid or contract) pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity. Page 6 of 15 63 4496 Part 8 —SAMPLE AGREEMENT 16) Prohibition on Conflict of Interest, Gratuities,Kickbacks, and Collusion The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained herein in awarding the contract for this Project. a) Conflict of Interest.Contractor covenants that it presently has no interest and will not acquire any interest that would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself. b) Gratuities. Contractor hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity, favor, or anything of monetary value in connection with any decision, approval, disapproval,recommendation,preparation of any part of the Project or award of this contract. c) Kickbacks. Contractor certifies that it has not given payment, gratuity, or offer of employment to be made by or on behalf of a Sub-contractor under a contract to Contractor or higher tier sub-contractor or any person associated therewith, as an inducement of the award of a subcontract or order. d) Non-Collusion Statement. By signing this Agreement, Contractor certifies under penalty of perjury that the price proposed by Contractor was arrived at independently without collusion, consultation, or communication for the purpose of restricting competition;and no attempt has been made to induce another person or entity to submit a proposal,or not submit,for the purpose of restricting competition in the award of this Project. e) Contract Clause. The prohibitions on conflict of interest, gratuities, kickbacks, and collusion prescribed in this paragraph must be conspicuously set forth in every contract and subcontract and solicitation initiated by Contractor in its performance of this Agreement. 17) Ethics Clause pursuant to Monroe County Ordinance No. 010-1990 By signing this Agreement, the Contractor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances, or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also,in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,percentage, gift,or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. 18) Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings Throughout the term of this Agreement, the Contractor has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relating to or affecting Contractor's ability to perform under this Agreement. If the existence of such causes the County concern that the Contractor's ability or willingness to perform the Agreement is jeopardized, the Contractor may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. Page 7 of 15 64 4497 Part 8 —SAMPLE AGREEMENT 19) Notice All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or contemplated under this Agreement shall be sent by U.S. Mail, certified, return receipt requested,postage pre-paid,or by courier with proof of delivery.Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: County Administrator Monroe County 1100 Simonton Street, Room 2-205 Key West, FL 33040 Email: And(with copy to) Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 20) Choice of Law and Venue The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida,or United States Bankruptcy Court for the Southern District of Florida, whenever applicable. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County, Florida. 21) Attorney's Fees and Costs County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees,court costs,investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, at all levels of the court system, including in appellate proceedings. 22) Public Records County is a public agency subject to Chapter 119, Florida Statutes, as amended from time to time. To the extent Contractor is a Contractor acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, Contractor must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Page 8 of IS 4498 65 Part 8 —SAMPLE AGREEMENT c) Ensure that public records that are exempt,or confidential and exempt,from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. d) Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the services. If the Contractor transfers all public records to the County upon completion of the services,the Contractor must destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the services, the Contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records,in a format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408,KEY WEST, FL 33040, EMAIL: PtJ'B ICRE :"OR�� �) d) IC R E 01 W'ry EL G 0 V OR PHONE: 305-292-3470. If Contractor does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 23) Audit Rights The Contractor must maintain accurate books,records,documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance this Agreement,in accordance with generally accepted accounting principles. County reserves the right to audit the records of the Contractor for the commodities and/or services provided under the contract at any time during the performance and term of the contract and for a period of five (5) after completion of the contract. Such records must be retained by Contractor for a minimum of five (5) years following the close of the Agreement,or the period required for this particular type of project by the General Records Schedules maintained by the Department of State, whichever is longer. The Contractor agrees to cooperate with the County and agrees to submit to an audit as required by the County, or other authorized representative(s) of the State of Florida. The Contractor must allow the County or such other auditing agency to have access to and inspect the complete records of the Contractor in relation to this Agreement at any and all times during normal business hours for the purposes of conducting audits or examinations or making excerpts or transcriptions. The requirements set forth in this paragraph will survive the termination of this Agreement. 24) Third Party Beneficiaries Neither Contractor nor County intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party Page 9 of 15 4499 66 Part 8 —SAMPLE AGREEMENT beneficiaries to this Agreement and that no third party is or will be entitled to assert a right or claim against either of them based upon this Agreement. 25) Uncontrollable Circumstances ("Force Majeure") As used herein,"Force Majeure"means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of"Force Majeure"include,but are not limited to, acts of God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the "Notice" provisions of this Agreement,must be sent by the non-performing party describing the circumstances constituting force maj eure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by Contractor pursuant to this paragraph will be made not more than Seventy-two (72) hours after the commencement of the delay. Otherwise,it shall be waived. The Contractor shall immediately report the termination of the cause for the delay within seventy-two(72)hours after such termination. The County reserves its right to challenge the invocation by the Contractor within five(5)calendar days of receipt of said notice,in such case uninterrupted performance in required. However, in the event the invocation is accepted by the County, the Contractor must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the Contractor's performance requirements under this Agreement. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement. 26) Public Entity Crimes Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, Contractor hereby certifies that neither it nor its affiliate(s) have been placed on the convicted vendor list following a conviction for a public entity crime.If placed on that list, Contractor agrees: to immediately notify the County and is prohibited from providing any goods or services to a public entity; it may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; it may not submit bids on leases of real property to a public entity; it may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, it may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category TWO ($35,000), as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 27) Foreign Gifts and Contracts The Contractor must comply with any applicable disclosure requirements in Section 286.101,Florida Statutes.Pursuant to Section 286.101(7)(b),Florida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." 28) Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, & 287.138,Florida Statutes Contractor hereby certifies that it: a) has not been placed on the Scrutinized Companies Page 10 of 15 4500 67 Part 8 —SAMPLE AGREEMENT that Boycott Israel List,nor is engaged in a boycott of Israel;b)has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c) has not been engaged in business operations in Cuba or Syria. If County determines that Contractor has falsely certified facts under this paragraph, or if Contractor is found to have been placed on a list created pursuant to Section 215.473,Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes, as amended. Beginning January 1, 2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as: People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor, under penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs(2)(a)-(c)of Section 287.138, Florida Statutes, as may be amended. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor, under penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs(2)(a)-(c)of Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: 29) Noncoercive Conduct for Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of Contractor, I certify under penalties of perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Page I I of 15 4501 Part 8 —SAMPLE AGREEMENT 30) Nondiscrimination The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) The Pregnant Workers Fairness Act(PWFA)pursuant to 42 U.S.C. 2000gg et seq.;and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of, this Agreement. 31) E-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of- a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the County. The Contractor acknowledges and agrees that use of the U.S.Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement, the Contractor becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as amended from time to time. This includes,but is not limited to,utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does not employ, contract with,or subcontract with, an unauthorized alien. Contractor agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section Page 12 of 15 69 4502 Part 8 —SAMPLE AGREEMENT 448.095, Florida Statutes, as amended, and Contractor may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Upon executing this Agreement, Contractor will provide proof of enrollment in E-verify to the County. 32) Prohibited Telecommunications Equipment Contractor represents and certifies that it and its applicable subcontractors do not and will not use any equipment,system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. By executing this Agreement, Contractor represents and certifies that Contractor and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work performed for the County for the entire duration of this Agreement.If Contractor is notified of any use or provisions of such covered telecommunications equipment, system, or services by a subcontractor at any tier or by any other source, Contractor must promptly report the information in 40 CFR § 52.204-25(d)(2)to County. 33) Antitrust Violations; Denial or Revocation under Section 287.137, Florida Statutes Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida)following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, Contractor certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.137, Florida Statutes, as amended. 34) No Personal Liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and authorized designees of the County. 36) Interpretation The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal Page 13 of 15 70 4503 Part 8 —SAMPLE AGREEMENT pronouns used in this Agreement include the other gender, and the singular includes the plural, and vice versa,unless the context otherwise requires. Terms such as "herein"refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof,unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. 37) Joint Preparation It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 38) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. 39) Signatory Authority Upon request, the Contractor must provide the County with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 40) Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is hereby deemed to be an original, but all of which, taken together, constitutes one and the same agreement. IN WITNESS WHEREOF,County and Contractor have executed this Agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: By: Mayor James K. Scholl (Seal) Attest: Kevin Madok, Clerk As Deputy Clerk Approved as to legal form & sufficiency: Eve M.Lewis,Assistant County Attorney Page 14 of 15 71 4504 Part 8 —SAMPLE AGREEMENT CONTRACTOR: Contractor Name By: Signature Print Name & Title STATE OF COUNTY OF The foregoing instrument was sworn to/affirmed and acknowledged before me by means of❑physical presence or❑ online notarization, this day of , 20 ,by ,President[or Authority Title] of[INSERT LEGAL NAME OF ENTITY], a Florida(Not for profit/For profit) Corporation/LLC. He/She is personally known to me/or has produced (type of identification) as identification. Signature of Notary Public (Print& Stamp Commissioned Name of Notary Public) Page 15 of 15 4505 72 ADDENDUM NO. 1 FOOD SERVICE MEAL CATERING SENIOR NUTRITION PROGRAM MONROE COUNTY, FLORIDA RFP-592 June 13, 2025 The information contained in this Addendum alters the information contained in the Bid/Proposal documents and is hereby made a part of the Contract Documents. All other terms and conditions of the Request for Proposals(RFP-592)for Food Service Meal Catering, Senior Nutrition Program, not inconsistent herewith, shall remain in full force and effect. 1. Formal Response to Question#1: A. Question #1: Hello, where are the documents located that are required to submit this bid? B. Answer: Please refer to RFP-592, originally drafted and as specifically amended hereunder, including, but not limited to, Part 4, Section 4.3, "Contents of Submission," starting on page 31; as well as, Part 6, "Required Forms," starting at page 37. This answer is supplemental and intended as guidance only, and not in derogation of any specific requirement expressly stated in RFP-592. 2. Formal Response to Question#2: A. Question #2: Tab B, Item 1 (Section 4.3.2 on Page 31) refers to "responses to Section A. 1-5 within PART 3: Scope of Services." However, within the RFP, Part 3 is titled Special Terms & Conditions; Mandatory Federal Clauses, while Part 1 is titled Scope of Services. We are unable to locate a Section A. 1-5 in either Part 1 or Part 3 that clearly requests responses. Could you please clarify which specific section or content should be addressed in Tab B, Item 1? B. Answer: During drafting stages, the County decided to reorganize the Parts and paragraph identifications. The County now seeks to describe changes in the existing RFP-592 in following ways: 1) words in strike through type are deletions from existing text, 2) words in underline type are additions to existing text, and 3) asterisks (***) indicate existing text not shown The County hereby amends RFP- 592, specifically Section 4.3, "Contents of Submission,"to read as follows: 4.3. Contents of Submission The responses to this RFP shall be digital PDF format. Responses must be organized as indicated below.Each Respondent must submit adequate documentation, as determined by the Board of County Commissioners, to certify the Respondent's compliance with the County's requirements. The following information, at a minimum, shall be included in the Response. 4.3.1. Cover Page 1 4506 Respondent shall include a cover page titled "PROPOSAL — FOOD SERVICE MEAL CATERING FOR NUTRITION PROGRAM." The cover page should contain the Respondent's name, address, telephone number and the name of the Respondent's primary contact. 4.3.2. Details in Tabbed Sections Tab A. Executive Summary(5 points) The Respondent shall provide a summary of services brief history of the firm or organization and particularly include other contracts that are similar in nature to the services requested in the RFP. The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with Monroe County to fulfill the requirements of the scope of work. Tab B.Licensure, Qualifications, and Relevant Experience(40 points) 1) The Respondent shall provide responses to Section 1.3, paragraphs A. —F.A. 1. 5., within PART 14: Scope of Services,herein. 2) Respondent shall provide a list of at least three (3) professional references that are past/present clients of Respondent,including the information below: a. Name and full address of the reference. b. Name and telephone number of primary contact person. c. Brief summary of the relationship with the reference, and summary of the services, area(s) served, and dates of service. d. Optional-Provide a letter of reference from the organization/individual 3) Indicated qualification as a Certified Minority Business Enterprise, Women& Small Business Enterprise, and Disadvantaged Business Enterprise; completed form, if applicable. 4) Criminal History Verification Form to demonstrate compliance with level 2 DOEA background screenings for direct-service staff(delivery drivers). Tab C. Tasting, Supplies,and Packaging Quality(25 points total) 1) Provide pictures (and a written description for each picture) of food, supplies, and packing that will be provided to the County for sampling, or other general pictures demonstrating examples of food, supplies, and packaging that will be used in the performance of the requested services.Points are strictly based on tasting, supplies, and packing gualitythese three «`items Tab D. DESCRIPTION OF OPERATIONAL PLAN(10 points) 1) The Respondent shall provide responses to Section 1.4, paragraphs A. —L. 1V 1. 11., within PART 14: Scope of Services,herein. Tab E. COST AND PRICE DEVELOPMENT(20 points) 1) The Respondent shall provide responses to Section 1.5, paragrqph A. within PART 14: Scope of Services,herein. 2) Price Proposal Form must be submitted within this tabbed section. Tab F. Financial Information and Litigation (Y/N) The Respondent will provide the following information by way of completing the "Proposer Qualification Form per Subsection 2-347(h), County Code," as provided in the mandatory forms section of the solicitation. Such information includes: 1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); 2) A list of the officers and directors of the entity; 3) The number of years the person or entity has been operating and, if different, the number of years it has been providing services as requested herein; 2 4507 4) The number of years the person or entity has operated under its present name and any prior names; 5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Yes or No. If yes,provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person,principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Yes or No. If yes,provide details; c. Has the person,principal of the entity, entity,or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years,been aparty to any lawsuit,arbitration,or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities?Yes or No. If yes,provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services?Yes or No.If yes,provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal,controlling shareholder or maj or creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; 6) Customer references (minimum of three (3)), including name, current address and current telephone number; 7) Credit references (minimum of three (3)), including name, current address and current telephone number; an example of a credit reference could be in the form of a letter from a financial institution,such as a Bank Confirmation Letter(BCL) or other such correspondence, verifying that the Respondent has an existing account and the financial resources to provide the services identified in the Scope of Services. 8) FINANCIAL INFORMATION—SUBMIT BY SEPARATE UPLOAD.In order to determine if a proposer is responsible pursuant to Section 2-347(h), Monroe County Code of Ordinances, all proposals for contracts to be awarded under this section must contain the following information: Financial statements for the prior three (3) years for the responding entity or for any entity that is a subsidiary to the responding entity. Note: Any financial statement that an agency requires for responding to a request for bids/proposals is exempt from disclosure as a public record.Please do not submit your confidential financial information as part of your proposal. Please mark as "Confidential" to exercise exemption under Subsection 119.071(1)(c), Florida Statutes, and upload by separate upload to Bonfire to maintain confidentiality. There are separate uploads for each set of documents, including confidential financial information. However, any financial information the Respondent includes in the proposal packet,which is not marked as "Confidential", and is uploaded incorrectly, may be disclosed in any public records request and will not be treated as"Confidential." The County shall incur 3 4508 no liability for inadvertent disclosure of financial records that are not properly marked or submitted. Tab G. Mandatory County Forms (Y/N) Respondent shall complete and execute the mandatory forms, with supporting documentation,as specified below,and shall include them in the appropriate tabbed section of the response. Failure to provide executed documents may result in Respondent being determined to be not responsive and/or not responsible: • Proposer Statement(per subsection 2-347(h), Monroe County Code) • County Forms (& State-mandated provisions)Affidavit • Criminal Background Check Consent Form • Insurance Requirements Form(incl.Release of Liability&Indemnification Statement) • Insurance Agent's Statement(signed by insurance agent) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion • Minority-, Disadvantaged-, Women-, Veteran-Owned Business or Labor Surplus Area Firm Declaration • Civil Rights Compliance Statement • Price Proposal Form SEPARATE DOCUMENT UPLOAD: • Three (3)years of Financial Statements marked"CONFIDENTIAL" 3. Formal Response to Question#3: A. Question#3: Tabs D and E(Section 4.3.2 on Page 31)similarly reference responses to items within Part 3: Scope of Services. However, the items requiring responses are not clearly identified in either Part 1 or Part 3. Could you please indicate the specific sections or questions that proposers should respond to in Tabs D and E? B. Answer: See Answer to Paragraph 2, directly above. 4. Formal Response to Question#4: A. Question #4: Will organizations who have had non-compliance violations, such as failure to adhere to program regulations,be considered eligible to submit a response to this RFP? B. Answer: The County will make a determination of responsible and responsive bidders consistent with definitions and procedures defined within its Code of Ordinances (specifically Sections 2-346 — 2-349, County Code), the County's Purchasing Manual, and the requirements of RFP-592. For guidance purposes only, please see below excerpts from Section 2-346, Monroe County Code of Ordinances: "Responsible bidder. An individual or business which has submitted a bid, offer, proposal, quotation, or response which, as determined by the county, has the capability in all respects to perform fully the contract requirements and the experience, integrity, reliability and capacity, facilities, equipment and credit which give reasonable assurance of good faith and performance. The county may also consider and give weight to the bidder's previous conduct and performance under previous contracts with the county and other agencies (including but 4 4509 not limited to delinquency), and determine the quality of the bidder's previous work. Responsive bidder. An individual or business which had submitted a bid, offer, proposal, quotation or response which, as determined by the county, conforms in all material respects to the solicitation which may include but is not limited to pricing, surety, insurance, specifications of the goods or services requested or any other matter unequivocally stated in the invitation for bids as a determinant of responsiveness. A lack of conformity in these matters which is nonsubstantive in nature may be considered a technicality or irregularity which may be waived by the county commission." 5. Formal Response to Question#5: A. Question #5: Will CPI increases be allowed for yearly renewals? B. Answer: The County reserves all rights to approve or deny increases at its discretion. Increases may only be applied after formal BOCC approval, via contract amendment, and consistent with all of the County's grant obligations. Respondents must agree to comply with all contractual obligations imposed upon the County through its OAA Contract(s). For guidance purposes only, and not in derogation of any specific requirement expressly stated in RFP-592, the OAA Contract provides --and such language is subject to change without formal notice to Respondents: "Rate Increase Thresholds requirements. Rates may only increase from one contract year to the next at a rate consistent with the annual rate of inflation in the Consumer Price Index (CPI)percentage change for all items as determined by the Bureau of Labor Statistics for the 12-months prior to the Department of Elder Affairs'required Area Plan submission date and as per the Alliance policy incorporated herein by reference. See otlsuuu�uu u.0 prig, ' X/u Qi]S1H7h.u:::fuuu e Itid .r �;uy.:::. u�.�f""ri: wow. a �ri. ���� a°..u��u�ri u.°. ... ,u. uru u: u°u� u ;� r . u .uu�ll In order to receive any rate increase, the Proposer must submit a written request to rece ive a rate increase as described in the previous paragraph. The written request must be received no later than September 1 for the new rate beginning in the following OAA Grant contract year(January 1). Should the requested rate increase exceed 5% of the current year's rate, the Proposer must provide: A detailed written justification describing the reason(s) for the interim rate adjustment. This explanation shall include a detailed assessment of potential organizational and client impact. The written justification shall provide sufficient detail for the Alliance to review, identifying the service or commodity component(s) that are increasing Proposer's costs; Supporting documentation for the written justification; A current rate and a requested rate unit cost methodology; A simplified Unit Cost Methodology. Note: All rate increase thresholds mentioned in the above language is cumulative from rate at the time of contract execution." 6. Formal Response to Question#6: A. Question #6: The sample requested "Provide a sample of the container in which frozen trays will be packed and shipped;" Is this referring to just the box, or also the tray the meals are packaged in? 5 4510 B. Answer: Please provide both the box that the meal will be transported in (or alternatively, if too large, please adequately describe the external container used for transporting the meal), as well as the tray a given meal will be served in. 7. The County hereby amends RFP-592 to provide that any conflict between Area Agency 11 - Alliance for Aging, Inc.'s procedure for handling a formal bid/proposal protest, and the County's procedure for handling a formal bid/proposal protest shall be resolved in favor of Area Agency 11 -Alliance for Aging, Inc.'s procedure. All other items remain as called for in the RFP-592. End of Addendum No. 1. Tina Boan Assistant County Administrator Approved as to legal form and sufficiency: Eve M. Lewis Assistant County Attorney 6 4511 PROPOSAL - FOOD SERVICE MEAL CATERING FOR NUTRITION PROGRAM STAR OF THE SEA FOUNDATION, INC. 5640 MALONEY AVE. KEY WEST, FL 33040 (305) 292-3013 MORGAN TRACEY, CHIEF EXECUTIVE OFFICER 4512 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB A: EXECUTIVE SUMMARY 4513 Star of the Sea Foundation, Inc. 56,40 Moloney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org Executive Summary The SOS Foundation, a 501(c)(3)public charity, has been a cornerstone of hunger relief in South Florida for the past 20 years. Since its inception, SOS has grown into the largest hunger relief organization in the Florida Keys, with an unmatched capacity to serve Monroe County's residents through an integrated network- of facilities located in Key West, Stock Island, and Key Largo, as well as substantial dry and refrigerated storage on Rockland Key. With over 100,000 cubic inches of dry storage and 11,000 cubic feet of refrigerated space, SOS is uniquely equipped to provide fast, efficient, and reliable food service, including emergency response meals. For over five years, SOS has maintained a strong contractual relationship with Monroe County Social Services (MOSS), consistently delivering high-quality meals under the C-I and C-2 Senior Nutrition Programs. These services have been subject to regular health inspections, and our staff are properly licensed. The County's own visits to our state-of-the-art 3,600-square-foot production kitchen have confirmed the facility's exceptional cleanliness and the professionalism of our team. Outfitted with industrial-grade equipment including blast chillers, the kitchen is capable of producing large volumes of fresh or frozen meals, vacuum-sealed for extended shelf life, and tailored to meet all regulatory dietary guidelines. Since 2019, SOS has provided 60-75 freshly prepared meals daily to Key West seniors and, more recently, 150 frozen meals weekly to homebound seniors in the Lower Keys. Surveys conducted among these clients reveal overwhelming satisfaction, with a strong preference for fresh meals. Though daily delivery of fresh meals across the county remains logistically challenging, SOS will continue to provide the highest quality frozen and shelf-stable options where needed. SOS's emergency preparedness credentials are equally robust. We have been awarded the City of Key West's emergency meal contract and are positioned as a"first priority" vendor for public emergencies. With fully generator-backed facilities and seven refrigerated trucks operating countywide, SOS can respond rapidly to any crisis with fresh, frozen, or shelf-stable meals. We maintain an emergency stock of at least 1,000 meals at all times. If awarded, SOS will serve a variety of nutritional dense fresh and frozen meals which prioritize local produce and are prepared locally by our dietitian-led team at the SOS Community Kitchen. This aligns with our mission of delivering healthier, more nutritious meals to Monroe County's seniors, while preserving the flexibility to deliver frozen and emergency meals when required. Our proven experience, superior infrastructure, and local presence make SOS the most capable and cost-effective partner to meet the objectives of the RFP and enhance Monroe County's nutrition services for its most vulnerable populations. 4514 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB B: LICENSURE, QUALIFICATION, AND RELEVANT EXPERIENCE 4515 a O O N O N cz cz cz N N M cz v O j Q = Q M c y c O c/) 0 cz o_ ro o_ a ILL O g O U � � ummuuuu�muuummuu V czcn rn a o m i w > � m w � U c s o �1 `o cz Y N 0 cz � a � c U c N 2 •rl E N C: O a cz m > cz cz i bA o s (U N �I cz E U U O > > _ (z U \ Cn O ^ O z� co X N .s y o f c \ N Z U 0 Z N O W o Lo c j cz 0 O U vJ � O O oU � Y O_ ro M m = � E �..� E ° O = U � N C� HU) cncz O LL cz Q °'LPFU 0 c O CZ > v i O) cZ cz +Un " U w ( �. Foundation, Star, of the Sea S 4 1() Mal.onley Ave 1.3.B. Licenses and Certifications 4517 4518 STATE OF FLORIDA 1�1111I�„y� DEPARTMENT OF HEALTH � �����`° Sanitation Certificate 1 l' Illh°°l 44-48-1734021 44-BID-7453614 Food Hygiene -Civic Organization Issued To: S.O.S Callahan Community Kitchen County: Monroe 1020 United Street Amount Paid: $275.00 Key West, FL 33040 Date Paid: 08/14/2024 Issue Date: 10/01/2024 Mail To: Morgan Tracey (S.O.S. Callahan Community Kitchen) Expires On: 09/30/2025 5640 Mahoney Avenue Key West, FL 33040 Issued By: Department of Health in Monroe County 50 High Point Road Tavernier, FL 33070 Owner: SOS Community Kitchen (305)676-3941 Food Type: Full Service Seating Capacity(Max): 0.00 Food Hy-giene Restrictions(if applicable) Original Customer:S.O.S Callahan Community Kitchen(NON-TRANSFERABLE) DISPLAY CERTIFICATE IN A CONSPICUOUS PLACE STATE OF FLORIDA 1�1�1rn7,�� DEPARTMENT OF HEALTH 1°° l'�' Illh�°° Sanitation Certificate 44-48-1734021 44-BID-7453614 Food Hygiene -Civic Organization Issued To: S.O.S Callahan Community Kitchen County: Monroe 1020 United Street Amount Paid:$275.00 Key West, FL 33040 Date Paid: 08/14/2024 Issue Date: 10/01/2024 Mail To: Morgan Tracey (S.O.S. Callahan Community Kitchen) Permit Expires On: 09/30/2025 5640 Mahoney Avenue Key West, FL 33040 Issued By: Department of Health in Monroe County 50 High Point Road Owner: SOS Community Kitchen Tavernier, FL 33070 (305)676-3941 4519 oz9v �Zsv zz9v 4523 4524 ( �. Foundation, Star, of the Sea S 4 1() IM l.oaey.Ave U.C. Financial Capacity SOS affirms our financial capacity to fulfill the requirements of this RFP, including the production and delivery of the requested meals. As evidence of our stability and fiscal responsibility, we have included audited financial statements for the past three fiscal years. These documents demonstrate our consistent revenue, strong financial management practices, and sufficient working capital to support a project of this scale. Our financial position ensures we can meet all operational demands, manage cash flow effectively, and sustain program delivery throughout the contract period. 4525 ( �. Foundation, Star, of the Sea l.oaey.Ave 1.3.D. Evidence of Capacity to Maintain Food Service The Star of the Sea Foundation has provided frozen, shelf-stable, and fresh prepared meals county-wide through federal nutrition programs since 2015. Operating out of a 3,600 square-foot commercial-grade Community Kitchen, SOS has immense capacity to provide fresh and frozen meals on a daily basis. The health department compliant kitchen features all equipment necessary to safely and efficiently prepare meals that meet all nutritional and component requirements set forth by the Alliance for Aging. This equipment includes a dual-stack Combi oven, convection oven, griddle, tilt skillet, tilt kettle, ample food preparation space, and Rhino, as well as a large walk-in cooler and freezer. The SOS Kitchen also has all the equipment necessary to ensure food stays at the required temperature, including holding ovens and chiller cabinets, Cambros, coolers, and refrigerated vehicles. The Star of the Sea Foundation successfully prepared and delivered over 89,265 total meals throughout Monroe County in 2024. 55,338 of those meals were through federal nutrition programs at sites throughout the County. 23,220 of those specifically for the Senior Meals Program. We currently have the appropriate staff and capacity to dramatically increase meal production. In addition to fresh prepared meals, SOS has extensive experience receiving and transporting frozen and shelf-stable meals throughout Monroe County. Meals prepared in the SOS Community Kitchen, as well as those frozen and shelf-stable meals procured through subcontract if required by the Nutrition Program, meet all nutritional and component guidelines set forth by the Alliance for Aging. The Star of the Sea Foundation has the ability to supply 50,000 (+/-)portions of accompanying components over the agreed upon yearly contract period at no additional cost per meal. The cost of all accompanying components has been factored into the average price per meal, and SOS has all contracts in place to be able to source the requested components. SOS has been operating federal nutrition programs since 2015, and thus the components requested in the Proposal are already regular purchases. 4526 ( �. Foundation, Star, of the Sea S 4 1() Mal.oaey Ave 1.3.E. Past Experience and Operational Capability 1. Meals The SOS Foundation has nearly two decades of experience in preparing and delivering high- quality meals that meet rigorous federal, state, and local standards. For the past five years, SOS has been a trusted provider for the Monroe County Social Services (MOSS)Nutrition Program, delivering between 60-75 fresh meals daily to Key West seniors and 150 frozen meals weekly to homebound seniors throughout the Lower Keys. All meals are in accordance with the expectations outlined in the RFP provided by the Nutrition Program and adhere to all regulatory guidelines to ensure safe and healthy meal service for seniors. Nutritional analyses for all meal types—including fresh, frozen, and shelf-stable—are available within Tab D: Description of Operational Plan. Our industrial-grade kitchen includes: • Blast chillers for rapid cooling of meals to safe holding temperatures • Industrial grade Rhino Vacuum-sealing equipment with Modified Atmospheric Pressure (MAP)to ensure extended shelf life • Capacity to produce over 500 meals per day, exceeding the 50,000-meal annual threshold required under this contract(including —50%/+50% fluctuations) o In 2024 SOS's Community Kitchen prepared and delivered nearly 90,000 fresh and frozen meals to sites in Monroe County. • Packaging labeled clearly with: o Complete meal contents o Date prepared o Expiration/shelf life o Storage and heating instructions (for both convection ovens and microwaves) All labeling uses large, legible fonts designed with elderly and visually impaired clients in mind. 2. Supplies & Labeling SOS can provide all necessary serving and sanitation supplies to each meal site, including: • Individually packaged, disposable utensils, cups, napkins, and trays • Staff PPE: gloves, aprons, hair nets, and sanitation supplies 4527 ( �. Foundation, Star, of the Sea S 4 1() IM l.oaey. we • Cleanup Supplies: garbage bags, sanitizers, etc. Supplies are regularly purchased from ULINE and Webstaurant and can be delivered weekly for frozen meals and daily for fresh congregate meal services. Frozen meals are delivered in completely disposable containers that are microwave- and oven- safe, sealed to prevent contamination, and clearly marked with expiration dates, contents, and preparation instructions. All supplies for meals are completely disposable. Delivery invoices and outer packaging are labeled with delivery date and participant-specific information to ensure accurate distribution and compliance with menu plans. 3. Delivery SOS maintains a dedicated fleet of seven refrigerated trucks, to ensure uninterrupted cold chain logistics. Our delivery system includes: • Transport of fresh meal hot components (140-165°F), fresh meal cold components (<4PF), and frozen meals (<0°F), in compliance with FAC 64E-11 • Meals packed in insulated containers with hot/cold separation protocols • Individual meals boxed per recipient and labeled for menu adherence • Capacity to deliver up to a week plus one day of meals, including frozen, shelf-stable, and fresh, to any program site or home-delivered route SOS's Kitchen Director oversees daily delivery schedules and vehicle maintenance. In case of vehicle breakdown or weather emergency, SOS has backup vehicles to ensure continuous service. 4528 ( �. Foundation, Star, of the Sea S 4 1() IM l.oaey. we 1.3.F. Compliance with Laws, Research, and Technical Assistance SOS is committed to strict compliance with all relevant regulations governing senior nutrition programs, including: • Older Americans Act Title IIIC • Florida DOEA Programs and Services Handbook • Florida Administrative Code (Chapter 64E-11) • USDA and FDA food safety guidelines • Local fire, health, and sanitation codes Our management staff regularly reviews regulatory updates to ensure full compliance and quickly adapt our service protocols accordingly. SOS's Director of Nutrition Programs'job responsibilities include regularly reviewing changes in nutrition regulations identified by the USDA, FDA, DOEA, and other nutrition entities. The Director of Nutrition Programs works directly with SOS's Kitchen Director and staff to implement necessary compliance changes. 4529 Star of the Sea Foundation 5640 Moloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org Professional References All meals are prepared in a Health Department inspected and fully compliant kitchen under the supervision of SOS's Kitchen Director who is certified as a food protection manager. 1. Womankind 1511 Truman Avenue, Key West, FL 33040 Cali Roberts, Executive Director (305) 294-4004 July 2024 —Present The Star of the Sea Foundation (SOS) provides freshly prepared then frozen, non- congregate-style meals to patients at Womankind, a medical and wellness center providing family planning, prenatal and primary care, and mental health care in Monroe County. Patients who identify themselves as in need of food can enroll in a frozen meal program, securing five nutritionally dense, free meals for themselves. 2. Good Health Clinic Gulfside Village Plaza 91555 Overseas Highway Suite 42, Tavernier, FL 33070 Kate Banic, Executive Director (305) 619-0154 July 2024 —Present The Star of the Sea Foundation (SOS) provides freshly prepared then frozen, non- congregate-style meals to patients at Good Health Clinic, a collaborative entity that works with over 100 medical provider volunteers throughout South Florida. Patients who identify themselves as in need of food can enroll in a frozen meal program, securing five nutritionally dense, free meals for themselves. 4530 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org 3. Kreative Kids Christian Academy 4711 Overseas Highway, Marathon, FL 33050 Maria Valliant, Program Director (305) 765-7165 May 2021 —Present The Star of the Sea Foundation (SOS) provides fresh, daily lunches and afternoon snacks at Kreative Kids Christian Academy in Marathon each summer. In addition, SOS provides weekly non-congregate style meal packs, which include two shelf-stable breakfast meals and two freshly prepared, then frozen lunch meals, for children to consume at home over the weekend. All meals meet the nutritional guidelines set forth in the Summer Food Service Program (SFSP) administered by the U.S. Department of Agriculture. 4. Inez Martin Child Development Center 1100 Varella Street, Key West, FL 33040 Aleida Jacobo, CEO (305) 809-5000 x320 September 2018 —Present The Star of the Sea Foundation (SOS) provides fresh, daily congregate-style lunches at Inez Martin Child Development Center in Key West. All meals meet the nutritional guidelines set forth in the Child and Adult Care Food Program (CACFP) administered by the Florida Department of Health and the Summer Food Service Program (SFSP) administered by the U.S. Department of Agriculture. 4531 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org 5. Bahama Village Music Program at Fredrick Douglass Gym I I I Olivia Street Key West, Florida 33040 Kawana Staffney-Ashe, Program Director (786) 370-0266 June, 2016 - Present The Star of the Sea (SOS) Foundation has provided freshly prepared congregate meals to the Bahama Village Music Program for 10 years during the Summer Food Service Program. All meals meet the nutritional guidelines set forth in the Child and Adult Care Food Program (CACFP) administered by the Florida Department of Health and the Summer Food Service Program (SFSP) administered by the U.S. Department of Agriculture. 6. Florida Keys Area Health Education Center (AHEQ Gulfside Village Plaza 5800 Overseas Highway Suite 436, Marathon, FL 33050 Michael Cunningham, Chief Executive Officer (305) 743-7111 July, 2024 - Present The Star of the Sea Foundation (SOS) provides freshly prepared then frozen, non- congregate-style meals to patients at AHEC, who have access to no cost medical and low cost dental care for the school age children of Monroe County, no matter their financial circumstances. Patients who identify themselves as in need of food can enroll in a frozen meal program, securing five nutritionally dense, free meals for themselves. 4532 k ,lomankin The kind of health care we all deserve lfisauird of"III':'Ill irect mrs June 6,2025 clllleein Cfu.niirlk President Hello, Jclhi n Ullyciillll Vice PresJs enI On behalf of Womankind, I am happy to provide this letter of support for Star of t"ctcir d'" ccir.c:ir.cft. the Sea Foundation (SOS). J..reosurer Our two organizations are currently partnering on a grant-funded initiative to Roi n. Il ui'aina S.Si now improve community health through increased access to nutritious meals across Secrelory Monroe County. From day one,SOS has been an exceptional partner.One deeply committed to serving the community. Moo nki Illlcurvn The meals they provide are consistently high quality,nutrient-dense,and l eda Aindi,ews thoughtfully prepared.Our clients not only benefit from the nutritional value of the meals but truly enjoy them.We hear time and again how helpful these meals are, iriiscurvn sll nllsy especially for our expectant mothers who rely on good nutrition to support healthy Moon a C h a ull pregnancies. Dai,lei nc If ischei, SOS's mission to create a healthier Monroe County aligns perfectly with our own, Kii,is IlKei ni nedy, MD and the organization's strong reputation in the community is well-earned.Their Iheyei ni nc t"cll' II' cii" dedication and compassion are evident in everything they do. Taing6a Toii,ii,es Expanding SOS's meal services to reach more seniors and vulnerable residents in the Keys will further strengthen the health and well-being of our community—a goal we fully support and applaud. In good health, Cali Roberts Executive Director 1511 Truman Avenue• Key West, Florida 33040.5800 Overseas Hwy#3613• Marathon, Florida 33050 phone 305.294.4004•fax 305.294.2197•www.womankindkeywest.com 4533 Good Health Clinic June 5, 2025 Re: Letter of Support for SOS Foundation To Whom It May Concern, On behalf of Good Health Clinic, I am pleased to provide this letter of support for Star of the Sea Foundation (SOS) as they seek to expand their senior meals program throughout Monroe County. SOS recognizes that addressing food insecurity involves more than simply providing calories—it means offering meals that are safely prepared, nutritious, enjoyable to eat, and reliably available to those who need them most. Our clinic has been partnering with SOS to provide frozen meals to patients who are managing chronic health conditions and experiencing food insecurity. This collaboration has been both effective and well-received. The meals are consistently nutritious, well-prepared, and thoughtfully designed to support the health needs of our patients. Many have shared positive feedback, noting not only the quality, taste and satisfaction of the meals but also the role they play in supporting their health and easing financial strain. As a professional partner, SOS has demonstrated professionalism, reliability, and a strong commitment to serving this community. Their team is responsive and easy to work with, and they maintain a clear focus on quality and service. Expanding SOS's role through the senior meals contract would be a valuable step toward meeting the nutritional needs, and improving the health and well-being, of Monroe County's senior population. Sincerely, Kate Banick Executive Director kate@thegoodhealthclinic.org 305-619-0154 91555 Overseas Hwy,St 2,Tavernier, FL 33070 5800 Overseas Hwy,St 36, Marathon FL 33050 Phone: 305-853-1788 fax: 305-853-1789 rww"If'Pie:uoodl�:iea tI iC:iriic,org 4534 Keys AHEC Health Centers June 17, 2025 To Whom It May Concern, I am pleased to write this letter of recommendation on behalf of the Star of the Sea (SOS) Foundation. Since January, Florida Keys Area Health Education Centers, (AHEC) has partnered with SOS to provide nutritious meals to our clients, and the experience has been overwhelmingly positive. The quality of the meals has been exceptional. Our clients consistently express how much they enjoy them, frequently describing the meals as delicious, satisfying, and comforting. It is clear that SOS prioritizes both nutrition and taste in their food production, which is essential for the health and well-being of the individuals we serve. Equally important has been the professionalism of the SOS team. They are responsive, dependable, and incredibly easy to work with. Communication has been smooth, and their commitment to excellence is evident in every interaction and meal provided. We are grateful for our partnership with the SOS Foundation and highly recommend their meal services to any organization seeking high-quality food support from a reliable and mission- driven partner. Should you need any further information, please do not hesitate to reach out. Sincerely, r Michael L. Cunningham CEO Florida Keys Area Health EducationCenter, Inc. 5800 Overseas Hwy,#38-Marathon, FL 33050 PH. 305-743-7111/ FAX 305-743-7709 4535 CONSENT TO CRIMINAL BACKGROUND CHECK Please be aware, a Criminal History Background Check will be run on you pursuant to the County's standard operating procedure and the terms and conditions of this solicitation.Once a contract for services in formed between you and the County, the County may request a Criminal History Background Check (for contracted services/employment purposes) at any time during the term/tenure of your contract for services 7e-m-p`T5yi-n-=en . I have read the above statement and understand it completely, and I voluntarily agree to it. 0 r�, June 17, 2025 Proposer's Signature Date Morgan Tracey Proposer's Printed Name ATTESTATION OF COMPLIANCE—EMPLOYER AUTHORITY : ALL EMPLOYERS are required to annually submit this form attesting to compliance with the provisions of Chapter 435 and Section 430.0402 of the Florida Statutes. The term "employer" means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, Lead Agencies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DOEA), and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See Sections 435.02 and 430.0402,Fla. Stats. A direct service provider is"a person 18 years of age or older who,pursuant to a program to provide services to the elderly, has direct, face-to-face contact with the client's living areas, funds, personal identification information as defined in Section 81.7.568. The term also includes, but is not limited to,the administrator or a similarly titled person who is responsible for the financial operations of the provider, coordinators, managers, and supervisors of residential facilities, and volunteers, and any other person seeking employment with a provide who is expected to,or whose responsibilities may require him or her to,provide personal care or services directly to clients or have access to client funds, financial matters, legal matters, personal property,or living areas."Section 430.0402(l)(b), Fla. Stat. (2024). As the duly authorized representative of: Star of the Sea Foundation Inc located at: 5640 Maloney Ave, Key West, FL 33040 1 under penalty of pet jury, 1, Thomas Callahan hereby swear or affirm that the above-named employer is in compliance with the provisions of Chapter 435 and Section 430.0402 of the Florida Statutes,regarding level 2 background screenings. St'gMaTdre'o1Vffjp$9&Ni1 e Date 4536 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB C: TASTING, SUPPLIES, AND PACKAGING QUALITY 4537 �yaNmilw7Y00000"I� t, r / rn I l SOS utilizes an UltraSource Rhino 10 to safely package and label frozen meals. 4538 irz!u�mma�rw'r0wo''�0rra» iia r muauitrnwm�iW 000/10 rm' ,., M;NllW rq r N r�r- f / SOS utilizes an UltraSource Rhino 10 to safely package and label frozen meals. 4539 � ul1fu4'ry� r F 1 ,r r f, f, /1✓�� 1�I rl�N��r��%�ii) <�i��� 'd@�f�r1f'; is N/ u, I f Y i; � rwr 11hu� �S„✓, � � ,lrr/ � r I r s r / I, � rd I�i N Yz✓�N r��Ir11 /�%/ � !��° �v ,.iD Npop �i ��N r � I r� �//G %ti � � �✓�;o��°��➢°���r�rulalu� rr / �1FJ , :I / s 9 u "�Va Vw �✓r?�, t �Yr flu, 8�rs 4, r v u k r d�l/i/f f'l kyr N f✓5 �pp,N V'�/ � � d r Y �� ✓ ✓a V / ", � ��. wee D„r�":Nr �✓�','�dmr,^, fYi/„� ✓ �� tau � rd�'u�DV�bD ti P n 1�ii r✓AHh .ti� D ,. "' ��r%ii�.✓� !dr/./r rfi ,�n�ff����11� 1,.. a f 0 is/////✓; � /i0i/r"a��,�' „ ,��,��,�,,. N � �' �D w '�m ��� „ SOS labels each meal with a best-by date, date of production, meal components, safe handling and storage instructions. 4540 �J x � sr lay f 1 i w 1 ^E. iQ P �Gu r Ij SOS has a varied menu with culturally appropriate, nutritionally dense, and delicious meals made with Florida-grown produce. 4541 rr �>l `r f r i a >i Uri��� �✓"�,i; i Na r wxtw mna�. ww i/ f �f t 11i, � tt// Gih✓/ri4�r� i it r�� IADiD /i( � ,, SOS has a varied menu with culturally appropriate, nutritionally dense, and delicious meals made with Florida-grown produce. 4542 I i r r � d ti+» u " 1 m utYlawrMwxaxwrwwxr�rw+ar�. / � r M rV� I �fWYy s r lX'ln[. SOS has a varied menu with culturally appropriate, nutritionally dense, and delicious meals made with Florida-grown produce. 4543 rrf fillIr / �� / %Ui r / ` i�� ��%- /i�, ���� �)liyl�'11 tlirrrDlnP11➢y%^" For congregate sites enjoying fresh meals, SOS separates meal components for hot and cold componets to be enjoyed upon arrival, being kept at safe temperature levels from preparation to delivery to meal service. Fresh meal components will be delivered in pans with appropriate serving scoops and instructions. These meals will be served on plates. All meals meet the required nutritional standards. 4544 's VIPVNP �iyur Y / �,. /��i���1 � ✓/ //�'r 171 ri , / ''✓ r a, u4r o, r r�lfl / /ya i � r 00 i r „ %iIr<rtrrr�r�t� rr�,riv,,,v r ✓ ,Irr fFrr�f ar ru.�i f i For congregate sites enjoying fresh meals, SOS separates meal components for hot and cold componets to be enjoyed upon arrival, being kept at safe temperature levels from preparation to delivery to meal service. Fresh meal components will be delivered in pans with appropriate serving scoops and instructions. These meals will be served on plates. All meals meet the required nutritional standards. 4545 / �o uuu luuuuuuuuuuuuuuuuuuuluuu�luuuulluuuuuuu Ilololololu�uYulul�III � i ��'fdV / f ' F 7J�%� rii � r SOS packages frozen meals in boxes, with five individually packaged and labeled meas. SOS will deliver one weeks' supply of meals to MCSS sites r � r / /✓'/rr%/��r;r/O///;/// /� "�' q r //l//err // i��i it/, r/; /i�/���/�/�i///�%/i/���/���%///i��/�/✓r//���///i i� , 'IJ�N4 , I 4546 i } d . �w Ij : } . SOS's kitchen is commercial-grade with J full hot line, 7 walk in freezers, One }J£/C walk in cooler, and ample S{O£J/e Space. 4547 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB D: DESCRIPTION OF OPERATIONAL PLAN 4548 Star of the Sea Foundation 5640 MaLoney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org Description of Operational Plan Outlined below are the operational systems to be implemented with approval by the Monroe County Nutrition Program: A. Weekly Delivery Schedule & Operational Details 1. Meal Preparation and Delivery Overview The Star of the Sea Foundation operates out of a 3,600 square-foot Community Kitchen located at 1020 United Street Key West, Florida. SOS's Health Department compliant Kitchen features all equipment necessary to safely and efficiently prepare the quantity of meals that meet all nutritional and component requirements set forth by the Nutrition Program. This equipment includes a dual-stack Combi oven, convection oven, griddle, grill, tilt skillet, ample food preparation space, as well as a large walk-in cooler and two large walk-in freezers. The SOS Kitchen also has all equipment necessary for the freezing, packaging, and labeling of freshly prepared, then frozen meals including a RHINO 10, flash freezer, and more. SOS also sources emergency, shelf-stable meals which meet the dietary guidelines as outlined by the Nutrition Program, and SOS will store those at SOS's Disaster Emergency Relief Depot. All shelf-stable meals will have a one-year expiration date and will be replenished and replaced annually. Additionally, SOS has all the equipment necessary to ensure food stays at the required temperatures throughout the delivery process, including holding ovens and chiller cabinets, electric and regular Cambros, coolers, and seven (7) refrigerated trucks. SOS has the staff required to maintain a regular delivery schedule agreed upon by the Nutrition Program. SOS intends to continue providing daily fresh meals to Key West's congregate site and provide weekly supplies of frozen meals to all other sites. 2. Proposed Weekly Delivery Schedule Deliveries will occur on a consistent weekly schedule as follows: Day Meal Site Address Delivery Delivery Time Mode Key Largo 101491 Overseas Highway, Suite 8:00 AM Refrigerated Monday Frozen 4, Key Largo, FL 33037 Vehicle Meals 4549 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org Key West Monday Fresh 1400 Kennedy Drive, Key West, 11:30 AM Refrigerated Congregate FL 33040 Vehicle Meals Key West Fresh Tuesday Congregate 1400 Kennedy Drive, Key West, 11:30 AM Refrigerated Meals and FL 33040 Vehicle Frozen Meals Key West Wednesday Fresh 1400 Kennedy Drive, Key West, 11:30 AM Refrigerated Congregate FL 33040 Vehicle Meals Key West Thursday Fresh 1400 Kennedy Drive, Key West, 11:30 AM Refrigerated Congregate FL 33040 Vehicle Meals Key West Friday Fresh 1400 Kennedy Drive, Key West, 11:30 AM Refrigerated Congregate FL 33040 Vehicle Meals Big Pine 179 Key Deer Blvd, Big Pine 3:30 PM Refrigerated Friday Frozen Key, FL 33043 Vehicle Meals, Marathon 535 33rd Street, Marathon, FL Refrigerated Friday Frozen 33050 4:30 PM Vehicle Meals SOS is prepared to adjust the delivery schedule as requested by the Nutrition Program. 3. Temperature Control & Food Safety 4550 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org • Meals will be maintained at or below 40T for cold meals and at or above 140T for hot meals and components during transport. • SOS will utilize refrigerated trucks, electric and regular Cambros, and other equipment as necessary to ensure food safety throughout the preparation and delivery process. • Delivery logs will include temperature checks upon each meal delivery. 4. Proximity & Efficiency • All delivery sites are within a 100-mile radius of SOS's Community Kitchen. • SOS makes routine trips throughout the length of the Florida Keys, currently delivering fresh and frozen meals to sites in Key West, Big Pine, Marathon, Tavernier, and Key Largo. • SOS will prioritize streamlining a delivery schedule to create the most efficient delivery process possible. 4551 Star of the Sea Foundation 5640 MaLoney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (30S) 292-301.4 www.sosfoundation.org B. Meal Ordering, Lead Time & Substitution Protocols 1. Ordering Quantities & Lead Times • All meal orders should be emailed to SOS's Kitchen Director in respect to the following timelines: Frozen meals: Ordered by 12:00 PM on Wednesday for the following week. Fresh meals: Ordered by 12:00 PM on Wednesday for the following week. Shelf-stable meals: Maintained year-round in emergency stock, replenished yearly. Any necessary changes to the meal order or the delivery schedule should be emailed to SOS's Kitchen Director as soon as possible and at least two (2)business days prior to any changes being implemented for fresh meals and five (5)business days prior to any changes being implemented for shelf stable or frozen congregate or home-delivered meals. 2. Substitution Procedures • A substitution list of pre-approved USDA/FDA-compliant backup items is maintained onsite. • All substitutions will be recorded and reported within 24 hours. • Onsite staff will rotate stock to ensure oldest inventory is used first. • Expiration dates are logged and reviewed weekly by kitchen staff. 3. Replacement Guarantee In the event a meal is unsatisfactory, undelivered, or inedible, SOS will provide a replacement at no additional cost and within 24 hours. If SOS fails to meet this requirement, we acknowledge MCSS may procure meals from other vendors at SOS's expense. 4552 Star of the Sea Foundation Inc. 0 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org C. Communication Plan 1. Main Contacts &Availability Primary Contact: Byron Reyes, Kitchen Director • Phone: (239) 204-7116 • Email: Byron@sosfoundation.org • Availability: Monday—Friday, 8:00 AM—4:00 PM Secondary Contact: Rebekah Palmieri, Nutrition Programs Director • Phone: (413) 636-8139 • Email: • Availability: Monday-Friday, 7:30 AM— 3:30 PM 2. Communication Channels • Meals required will be ordered on a weekly basis via email, and physical delivery slips will be sent to each site upon delivery of meals. • Alerts for delays, substitutions, or discrepancies will be communicated immediately via phone and email. 3. Credits and Adjustments • Invoices will note any missing/damaged items with credits applied. • Delivery slips signed by site and SOS staff will verify all delivered meals and note all meal temperatures upon delivery. 4553 Star of the Sea Foundation 5640 MaLoney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org D. Ordering, Invoicing & Supplier Terms 1. Ordering Practices • Orders placed directly with SOS via email by the Nutrition Program Manager. • SOS will track all deliveries including meal quantities, meal temperatures, supplies, and components delivered. 2. Invoicing Procedures • Monthly invoices emailed to the Nutrition Program Manager by SOS's Nutrition Program Director on the first business day of each month. • Details include: Itemized list, unit prices, delivery date, and total cost. • Adjustments for shortages/damages are applied prior to invoice submission. • SOS's CEO and Nutrition Programs Director will be responsible for all record keeping with regard to billing and payment terms. • All invoices should be paid to SOS by the Nutrition Program within fourteen (14) business days. 3. Subcontractor Practices • SOS works regularly with Gordon Food Services, Inc.; McArthur Dairy; FreshPoint; Sysco; and other vendors to source all food and supplies related to the Nutrition Program using competitive pricing methods to secure purchasing relationships. • SOS has no contracts with vendors. 4554 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org E. Record Keeping & Accountability • All invoices will include: meals delivered, item quantities, unit prices, and line-item breakdown of sides, beverages, and supplies. • All invoicing, billing, and payment records will be maintained by SOS electronically and paper copies will be stored for a minimum of three (3)years. 4555 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org F. USDA Commodities SOS is fully prepared to receive, store, and utilize USDA donated commodities: • Designated storage space is available for dry, refrigerated, and frozen goods • FIFO (First In, First Out) inventory rotation is enforced. • USDA items tracked by the SOS Kitchen Team separate from all purchased items. • Itemized billing reflects cost savings from donated goods. 4556 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org G. NSIP Compliance SOS confirms that all NSIP funds received will be used solely to purchase foods grown in the United States. 4557 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org H. Quality Control Compliance Statement SOS Foundation affirms full compliance with the following: 1. All purchasing practices adhere to DOEA Programs and Services Handbook guidelines. 2. All food items sourced from federally and state-inspected vendors meet regulatory standards. 3. All foods meet standards of quality for sanitation and safety. 4. No home-prepared, canned, or frozen foods are used in meal services. 5. All food used is commercially processed, labeled, and traceable. 6. Frozen food handling and freezing equipment meet all applicable local, state, and federal standards. 4558 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org I. Cost-Reduction Practices SOS purchases items in bulk whenever possible to lower food costs. Seasonal produce sourced from local farms is prioritized in order to reduce transit and storage costs. 4559 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org J. Sample Menus SOS has attached sample menus and nutritional information for all meals required by the RFP. SOS has attached a Supply List with all supplemental items that are add-ons and priced separately. 4560 _. Effective:Jan 1st 2025-June 30th 2025 � '�(he r�O�it I nXNr4k'��cfLGJ,frV, inc,I �.��...M _. , 1 ;, Senior Nutrition Program Monroe Cloumr ty Non.-Clongregat Meals VNa m mi Mojo Pork Chili Chicken Teriyaki Chicken Mozzarella Fish Piccata Jan 27th-31st Feb 24th-28th March 24th-28th 2 oz.Pork 2 oz.Ground Beef 4 oz.Chicken 4 oz.Chicken 4 oz.White Fish Apr 21st-25th 1 c.Brown Rice 1 T Shredded Mexican 3/4 c.Brown Rice 1 c.WG Pasta 1/4 c.Quinoa May 19th-23rd 1/2 c.Black Beans Cheese 5/8 c.Broccoli 4 oz.Orange Juice 3/4 c.Broccoli Jun 16th-20th 3/4 c.Broccoli 1/2 Medium Potato 3/4 c.Carrots 8 oz.Milk 1% >1/3 c.Spinach 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% m m imm I I Chicken Fajitas Spaghetti w/Bolognese Sauce White Fish Lasagna BBQ Pork 2 oz.Chicken 2 oz.Ground Beef 4 oz.Breaded Fish Filet 1 3/4 oz.Ground Turkey 2.5 oz.Pulled Pork Feb 3rd-7th 1/2 c.Brown Rice 1 c.WG Spaghetti 3/4 c.Mixed Vegetables 1 oz.Cheese 1/3 c.Brown Rice Mar 3rd-7th 3/4 c.Black Beans 2/3 c.Broccoli 2/3 c.Mashed Potatoes 1 c.Butternut Squash 3/4 c.Black Beans Mar 31st-Apr 4th L4V 1/2 c.Bell Pepper&Onion 4 oz.Apple Juice 4 oz.Orange Juice —1/2 c.Baked Apple 1 Medium Potato Apr 28th-May 2nd 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% 4 oz.Orange Juice May 26th-30th (Tartar Sauce) 8 oz.Milk 1% Jun 23rd-27th m i m I I Shephard's Pie Chicken Piccata BBQ Chicken Sandwich Cheeseburger on a Bun Broccoli Chicken Pasta 2 oz.Ground Beef Chicken Piccata BBQ Pulled Chicken Hamburger 4 oz.Chicken Jan 13th-17th 7/8 c.WG Pasta Feb 10th-14th 2/3 c.Mashed Potatoes 1/2 c.Brown Rice 1 Bun 1 Bun Mar 10th-14th 3/4 c.Broccoli 1 c.Summer Squash 3/4 c.Broccoli 3/4 c.Sweet Potato Wedges 2/3 c.Broccoli Apr 7th-11th 3/4 c.Applesauce 4 oz.Apple Juice 4 oz.Orange Juice 1 c.Fruit Cup 3/8 c.Carrots May Sth-9th 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% Y Jun 2nd-6th (Butter) June 30th m m imm I I Stuffed Pepper Turkey Dinner Pesto Pasta Meatloaf Cuban Picadillo Jan 20th-24th 2 oz.Ground Beef 3 oz.Turkey 2 oz.Shredded Chicken 1 Slice Meatloaf 2 oz.Ground Beef Feb 17th-21st 0.5 oz.Mexican Shredded 1 Dinner Roll 1 c.Pasta 1 c.Brown Rice 1/2 c.Brown Rice Mar 17th-21st Cheese 2/3 c.Mashed Potatoes 2/3 c.Mixed Vegetables Medium Baked Potato 1/3 c.Black Beans Apr 14th-18th %c.Bell Pepper 1 c.Brussels Sprouts 4 oz.Orange Juice 2/3 c.Applesauce 1/2 c.Plantains May 12th-16th 1 c.Brown Rice 1/4 c.Cranberry Sauce 8 oz.Milk 1% 8 oz.Milk 1% 8 oz.Milk 1% Jun 9th-13th 4 oz.Orange Juice 8 oz Milk 1% 21/2 Tbsp.Pesto Sauce (Butter) 1 Banana 8 oz.Milk 1% (Butter) 1 Banana Closed dates: Note:Provisions of salt& Jan 1,2025 Pepper are rec every day. All other recs are listed on Jan 20,2025 provided cycle calendar,as February 17,2025 indicated by parentheses. April 18,2025 Alternates will replace May 26,2025 meals an five 19,2025 mes per month. t Menus have been analyzed with computer software programming using Axxya Systems Nutritionist Pro.These menus meet the Department MENUS PREPARED BY:The Star of the Sea Foundation of Elder Affairs guidelines for Meal and Nutrient Analysis Requirements.These menus provide 331/3 of the DRI per meal.Analysis includes: APPROVED BY SOS RD: Calories,Protein,Fat,Fiber,Calcium,Zinc,Magnesium,Sodium,Potassium,and Vitamins A,B,B12,&C.Adequate amounts of Calories, APPROVED BY MONROE CO RD: Protein,Fat,Fiber,Calcium,Vitamin B,and Vitamin C are provided in daily amounts.Vitamin A,Vitamin B12,Zinc,Magnesium,Sodium,and DATE OF APPROVAL: Potassium have been averaged over one week,however,no individual meal exceeds 1000 mg of Sodium. CYCLE DATES: PROJECT TITLE:Food Service Meal Catering for Nutrition Program PROJECT DIRECTOR:Sheryl Graham 4561 ATTACHMENT 4—FOOD SPECIFICATIONS AND NUTRITIONAL ANALYSIS NOTE: ALL FOOD SPECIFICATIONS AND NUTRITIONAL ANALYSIS REQUIREMENTS ARE PROVIDED IN THE LATEST EDITION OF THE FLORIDA DEPARTMENT OF ELDER AFFAIRS MANUAL. Conformity to the standards included in this(Attachment 4)will be assured by planning menus using the criteria included herein. Attestation Statements Caterer: SOS Foundation Date: 6/19/2025 Registered/Licensed Dietician's Name(please print): RD's Contact Phone Number: I attest that the attached menus have been analyzed with computer software programming using (software). These menus meet the Department of Elder Affairs guidelines as outlined in Chapter 5 of the 2023 DOEA Programs and Services Handbook (https:Hallianceforaizing.ora/wp-content/up loads/2023-Chapter-5-Older-Americans-Act-Title-IIIC.p and Computer-Assisted Menu Development requirements with the following specifics— • These menus provide 33 113% of the Daily Recommended Dietary Allowance per meal using the reference intakes for 5 1+year-old adults, • Analysis must include: Calories, Protein, Fat, Fiber, Calcium, Zinc, Sodium, Potassium, Magnesium, Vitamins B6, B 12, C, and A. • Adequate amounts must be provided daily of Calories, Protein, Fat, Fiber, Calcium, Vitamin B6 and Vitamin C. • Items that provide the following target nutrients should he identified on the menu. Vitamin C—must provide at least 25 mg per meal. • Vitamins A and B 12, Zinc, Magnesium, Sodium and Potassium may be averaged over one week; however, no individual meal shall exceed 1000 mg of Sodium. • Vitamin A—must provide an average of 233 ug per day over the course of a week. I have confirmed that these menus comply with the current Dietary Guidelines for Americans. UJOAIV) bn\Ab Registered/Licensed Dietitian Signature State of Florida License Number This form should be attached to signed menus for submission to Alliance for Aging, Inc. for Approval. 4562 M (G LO d' 2 CO O 0) O O O O N N N O O O W N (O (D O O CD W (O h 0 0 O2- m h h h m m N h h N M a) (DO N h h O O a) Ln O N m m m M Ln ar W W U? 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E E E E E E E E E E E E E E E E E — d (o O V 0) Un N co N I- N (o 0) (O co 0) N (O V (O O In M (O N w I- Un O I- iiirilii 7 0) N O I� O o0 I- (O O I- co 0) Un I: (O O In M In (O O N (O r- M M O I- V N r M It O M M MO 0 00 (O 00 MO O O M O MO 0) MO I- O N 00 O I- (O O O r r O V N r O O N 0 0 0 0 0 0 0 0 0 00 M M 0 M I� N N V m m O r O N 00 00 00 I� LO M (D M (O LO N V Y/ O L N � N LO � m N AY/\ Nt/1 Wa jo a) o0p o CZx .. a) t a) Oror 5 LD a)Qamo . o � > E c O_.. > O N ° o ° Z, o O E m O o w Z O MmLL U U U - m H E ~ m ~ E ~ '0 m Om m Q w Wo -a7m m m Q°3 m o m -' m m m m m cL ° E ° Q m E ° m a m moa) >,w' a) ma) a) m a) r >. 0 0 0 0 O O Z > > H m Q J m J > U _ > > > > >a m (J 0 Q m 0 0 H w Z Z M lL lL lL lL O Star of the Sea Foundation Inc. 0 5640 Mat.oney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org Beverage and Condiment List Item Item Number Price Ketchup Packets(1000 count) WS-125PC835801 $31.99 Mustard Packets(500 count) WS-125PC59255 $13.99 Mayonnaise Packets(500 count) WS-125FRN006 $65.99 Sweet Relish Packets(200 count) WS-125PCHNZ1808 $25.99 Ranch Dressing Packets(200 count) WS-125PC55820 $11.49 Tartar Sauce Packets(200 count) WS-125PC30729 $11.49 Butter Pats(720 count) WS-874RE4500 $43.26 Margarine Pats(900 count) WS-874CP119 $39.15 Salt Packets(3000 count) WS-125PCSA4003 $7.19 Pepper Packets(3000 count) WS-125PCP1003 $14.49 Lemon Juice Packets(200 count) WS-125PCLEM300 $8.29 8 oz. Low Fat Milk(1 carton) McArthur Dairy $0.35 4 oz.Orange Juice(1 carton) GFS-135450 $0.37 4 oz.Apple Juice(1 carton) GFS-135440 $0.25 Coffee Grounds (25.9 oz.package) WS-110FGCN0407 $20.49 Decaf Coffee Grounds(32 oz.package) WS-999EMPFINDGR $21.99 Decaf Black Tea Bags (500 count) GFS-679990 $50.11 Instant Tea(12-2oz packets) GFS-148768 $51.20 Sweetener Packets(2000 count) WS-110PCYLW2K $24.49 Sugar Packets(2000 count) WS-110PCSUG2K $16.49 4579 Star of the Sea Foundation 5640 Mat.oney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org Supplies List Item Item Number Price Hair Nets(144 count) GFS-424374 $19.96 Plastic Aprons (100 count) GFS-114642 $24.65 Dish Sponges(6 count) WS-483YGCELLCOMBO $5.49 Can Liners,30 gat.(100 count) WS-5013858 $28.99 Liquid Dish Detergent(56 oz.bottle) WS-999DISHSOAP $7.59 Multipurpose Kitchen Spray(32 oz.bottle) AM-019200753524 $3.97 Bleach (6-1 gat.bottles) WS-147BL6 $34.99 Handi Wipes Towels (320 count) WS-248WIPERPKE $21.99 Poly Bags(1000 count) WS-182RRF14 $23.99 Paper Placernats(1000 count) WS-50OPMECONOMY $23.49 Plastic Sandwich Bags(2000 count) GFS-629362 $20.52 Plastic Disposable Food Service Gloves(1000 count) WS-682DISPL $8.99 Paper Lunch Bags(500 count) WS-433W4BGC $12.49 Fork, Knife,Spoon,&Napkin Set(250 count) WS-346BKFSNM $12.99 Plastic Straws(5000 count) WS-485U17BK $24.99 Paper Napkins(6000 count) WS-966UPWIDEKFT $30.49 8 oz. Paper Cups(1000 count) WS-5008W $34.49 Biodegradable&Compostable 9" Plates(500 count) WS-395RP09C $46.99 Biodegradable&Compostable 6" Plates(1000 count) WS-395RP06 $37.99 Biodegradable&Compostable Bowls(1000 count) WS-395RB12 $71.99 3 Compartment Take Out Containers(200 count) WS-395T0883 $45.99 4580 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org K. Sanitation Standards 1. Facility Inspections • SOS has provided copies of the three (3) most recent inspections of our food preparation and storage facilities, including at least one completed within the past six (6) months. (SEE ATTACHMENT 1) • SOS agrees to annual inspections by the MCSS Nutrition Program and/or other funding source agencies and will cooperate fully. 2. Written Food Safety & Sanitation Program SOS has attached a formal, documented Food Safety and Sanitation Program that meets or exceeds all applicable local, state, and federal standards. (SEE ATTACHMENT. 2) 3. Trained Supervisory Personnel • SOS's Kitchen Director is a Certified Food Protection Manager(See Tab B). • SOS's staff has four Certified Food Protection Managers and one staff member certified in Food Safety Manager Principles (See Tab B). 4. Inspection Reports & Findings Protocol SOS will submit all health inspection reports to MCSS within 24 hours of receipt. • SOS has had no temporary/permanent closures, administrative complaints, or more than 12 high-priority violations since January 1, 2024. • If a significant finding occurs, a written plan of correction will be submitted immediately, and corrective action will be implemented within 5 business days. 4581 Star of the Sea Foundation 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org L. Emergency Shelf-Stable Meals Plan 1. Preparedness Plan • Upon accepting the contract, SOS will order shelf-stable, pre-packed meals from GoldenGourmet or an alternative competitive bidder. SOS has worked extensively with this company to provide emergency shelf-stable meals for other similar programs. • All meals will be stored at SOS's Emergency Disaster Relief Depot on Rockland Key. • Meals are housed in disposable containers, easy to use, and require very little preparation. • Upon request by the Nutrition Program and with 24-hour notice, SOS will deliver the stored emergency meals in the following quantities to the following locations: Location Address Quantity Key Largo 101491 Overseas Highway, Suite 4, Key Largo, FL 33037 100 boxes Marathon 535 33rd Street, Marathon, FL 33050 50 boxes Big Pine Key 179 Key Deer Blvd, Big Pine Key, FL 33043 50 boxes Key West 1400 Kennedy Drive, Key West, FL 33040 200 boxes • Each delivery will be coordinated to meet storage capacity and verified with site staff upon receipt. 4582 X � a v o o ¢ ¢ ¢ ¢ o 0 0 a ¢ ¢ z z z z ¢ ¢ ¢ 00 i0 0 000 Hm ti ti o ti `� ry v`ni C o > 00000 � rio � � ,��n"' c uN'uu!✓N'nN'a�NI��Y � o ..... p „tiu� � rvmrv �no mo � .„,p�I,,,. 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Foundation, Star of the Sea S 4 1() Mal.onley Ave ATTACHMENT 1 4585 s II A r 0 0,, II 1-I)A r1tv1 4 r o II A II II II c o l4.i 4°r( IIit 1A n­i IMl-,li II II nAIL! r v II"IN"�4 r 00I1'1) & I!11 Vcd""1'1�1111 4 s II u 14 c r II o 4 o r RIII CS U I...........I satisfactoty Permit Number:44-48-1734021 Name of Facility:S.O.S Callahan Community Kitchen Address: 1020 United Street City,Zip: Key West 33040 Type: Civic Organization Owner: SOS Community Kitchen Person In Charge: S.O.S Community Kitchen Phone:(530)919-1687 PIC Email: mogan@sosfoundation.org Purpose: Routine Number of Risk Factors(Items 1-29):0 Begin Time:02:00 PM Inspection Date: 12/19/2024 Number of Repeat Violations(1-57 R):0 End Time:03:00 PM Correct By: None FacilityGracle: N/A Re-inspection Date: None StopSale: No Marking Key:IN=the act or item was observed to be in compliance;OUT=the act or item was observed to be out of compliance;NO=the act or item was not observed to be occurring at the time of inspection;NA=the act or item is not performed by the facility-COS=violation corrected on site;R=repeat violation from previous inspection �Z�§k �!!!actoiirs Arid ��)Ll uc l'iriteiii veirvdbiris SUPERVISION I N 16. Food-contact surfaces;cleaned&sanitized IN 1. Demonstration of Knowledge/Training V 17. Proper disposal of unsafe food I N 2.Certified Manager/Person in charge present TIME/TEMPERATURE CONTROL FOR SAFETY EMPLOYEE HEALTH 11V 18. Cooking time&temperatures IN 3. Knowledge, responsibilities and reporting IN 19. Reheating procedures for hot holding IN 4. Proper use of restriction and exclusion I N 20. Cooling time and temperature IN 5. Responding to vomiting&diarrheal events IN 21. Hot holding temperatures GOOD HYGIENIC PRACTICES I N 22. Cold holding temperatures IN 6. Proper eating,tasting,drinking,or tobacco use IN 23. Date marking and disposition I N 7. No discharge from eyes, nose,and mouth I N 24.Time as PHC;procedures&records PREVENTING CONTAMINATION BY HANDS CONSUMER ADVISORY I N 8. Hands clean&properly washed NA 25.Advisory for raw/undercooked food IN 9. No bare hand contact with RTE food HIGHLY SUSCEPTIBLE POPULATIONS IN 10. Handwashing sinks,accessible&supplies IN 26. Pasteurized foods used; No prohibited foods APPROVED SOURCE ADDITIVES AND TOXIC SUBSTANCES IN 11. Food obtained from approved source I N 27. Food additives:approved&properly used IN 12. Food received at proper temperature IN 28.Toxic substances identified,stored, &used IN 13. Food in good condition,safe, &unadulterated APPROVED PROCEDURES NA 14. Shellstock tags&parasite destruction IN 29.Variance/specialized process/HACCP PROTECTION FROM CONTAMINATION I N 15. Food separated&protected;Single-use gloves linsl�wctoir Siiginaftfl'e Cheint Siiginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S.O.S CalOahain COIMMJIIiLy IKfthell I of 3 4586 s II A rIk°"'! 0II 01, II 1-1)A r1tv1 4 r o II A II II II c o l4.i 4°r( IIit 1A n­i IMl-,Ii II II nAIL! r v II"IN"�4 r 00I1'1) & I!11 Vcdl',`1'1�1111 4 s II u 14 c rII o 4 o r Good IIII' liiillll I iiracbtes SAFE FOOD AND WATER I N 46. Slash resistant/cloth gloves used properly IN 30. Pasteurized eggs used where required UTENSILS,EQUIPMENT AND VENDING IN 31.Water&ice from approved source IN 47. Food&non-food contact surfaces I N 32.Variance obtained for special processing IN 48.Ware washing!installed, maintained, &used;test strips FOOD TEMPERATURE CONTROL IN 49. Non-food contact surfaces clean IN 33. Proper cooling methods;adequate equipment PHYSICAL FACILITIES IN 34. Plant food properly cooked for hot holding IN 50. Hot&cold water available;adequate pressure IN 35.Approved thawing methods IN 51. Plumbing installed; proper backflow devices IN 36.Thermometers provided&accurate IN 52. Sewage&waste water properly disposed FOOD IDENTIFICATION IN 53.Toilet facilities:supplied, &cleaned IN 37. Food properly labeled;original container IN 54. Garbage&refuse disposal PREVENTION OF FOOD CONTAMINATION IN 55. Facilities installed,maintained, &clean IN 38. Insects, rodents,&animals not present IN 56.Ventilation&lighting IN 39. No Contamination(preparation,storage,display) IN 57. Permit; Fees;Application; Plans IN 40. Personal cleanliness IN 41.Wiping cloths:properly used&stored I N 42.Washing fruits&vegetables PROPER USE OF UTENSILS IN 43. In-use utensils: properly stored IN 44. Equipment&linens:stored,dried, &handled I N 45. Single-use/single-service articles:stored&used This form serves as a "Notice of Non-Compliance"pursuant to section 120.695, Florida Statutes. Items marked as"out"violate one or more of the requirements of Chapter 64E-1 1, the Florida Administrative Code or Chapter 381.0072,Florida Statutes. Violations must be corrected within the time period indicated above. Continued operation of this facility without making these corrections is a violation.Failure to correct violations in the time frame specified may result in enforcement action being initiated by the Department of Health. Vb a,bbiris Coirmineirits No Violation Comments Available GeirieiirMI Coirmineirits See comments. Other than that,everything looks great.Thank you! Observed temperatures: Reach in freezer 16 Reach in warmer 188 Chicken in reach in warmer 163 Walk in cooler needs thermometer(equipment thermometer currently being used. Please utilize a thermometer placed inside the cooler for temperature logs) Some containers need labels in walk in cooler. Items were disposed of by management during inspection) Walk in freezer 5 Sanitizer at 3 comp sink 400ppm quat Email Address(es): mogan@sosfoundation.org; byron@sosfoundation.org lin%l�wcLoir&ginaftfl'e Cheint&ginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S,O,S CalOahain COIMMJIIiLy IKfthell 2 of 3 4587 s II A rIk°"'! 0II 01, II 1-I)A r11v1 4 r o it A II II II c o l4.i 4 r,,,( IIit 1A n-,it Ill-,si II II nAIL! r v II"IN"�4 r 00I1'1) &1 I!11 Vc]',`1'1�1111 4 s II u 14 c r II o 4 o r Inspection Conducted By: Hali Discoli (31281) Inspector Contact Number: Work: (305)293-7500 ex. Print Client Name: Date: 12/19/2024 hn%��wcLoir&ginaftfl'e�� Cheint&ginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S,O,S CaHahain COIMMJII� Ly IKffth ell 3 of 3 4588 s II A r 0 0,, II 1-I)A r1tv1 4 r o II A II II II c o l4.i 4°r( IIit 1A n­i IMl-,li II II nAIL! r v II"IN"�4 r 00I1'1) & I!11 Vcd""1'1�1111 4 s II u 14 c r II o 4 o r RIII CS U I...........I satisfactoty Permit Number:44-48-1734021 Name of Facility:S.O.S Callahan Community Kitchen Address: 1020 United Street City,Zip: Key West 33040 Type: Civic Organization Owner: SOS Community Kitchen Person In Charge:Tracey, Morgan-S.O.S Communi Phone:(305)292-3013 PIC Email: mogan@sosfoundation.org Purpose: Routine Number of Risk Factors(Items 1-29):0 Begin Time:01:30 PM Inspection Date:7/31/2024 Number of Repeat Violations(1-57 R):0 End Time:01:50 PM Correct By: None FacilityGracle: N/A Re-inspection Date: None StopSale: No Marking Key:IN=the act or item was observed to be in compliance;OUT=the act or item was observed to be out of compliance;NO=the act or item was not observed to be occurring at the time of inspection;NA=the act or item is not performed by the facility-COS=violation corrected on site;R=repeat violation from previous inspection �Z�§k �!!!actoiirs Arid ��)Ll uc l'iriteiii veirvdbiris SUPERVISION I N 16. Food-contact surfaces;cleaned&sanitized IN 1. Demonstration of Knowledge/Training V 17. Proper disposal of unsafe food I N 2. Certified Manager/Person in charge present TIME/TEMPERATURE CONTROL FOR SAFETY EMPLOYEE HEALTH 11V 18. Cooking time&temperatures IN 3. Knowledge, responsibilities and reporting IN 19. Reheating procedures for hot holding IN 4. Proper use of restriction and exclusion I N 20. Cooling time and temperature IN 5. Responding to vomiting&diarrheal events IN 21. Hot holding temperatures GOOD HYGIENIC PRACTICES I N 22. Cold holding temperatures IN 6. Proper eating,tasting,drinking,or tobacco use IN 23. Date marking and disposition I N 7. No discharge from eyes, nose,and mouth I N 24.Time as PHC;procedures&records PREVENTING CONTAMINATION BY HANDS CONSUMER ADVISORY I N 8. Hands clean&properly washed I N 25.Advisory for raw/undercooked food IN 9. No bare hand contact with RTE food HIGHLY SUSCEPTIBLE POPULATIONS IN 10. Handwashing sinks,accessible&supplies IN 26. Pasteurized foods used; No prohibited foods APPROVED SOURCE ADDITIVES AND TOXIC SUBSTANCES IN 11. Food obtained from approved source I N 27. Food additives:approved&properly used IN 12. Food received at proper temperature IN 28.Toxic substances identified,stored,&used IN 13. Food in good condition,safe, &unadulterated APPROVED PROCEDURES IN 14. Shellstock tags&parasite destruction IN 29.Variance/specialized process/HACCP PROTECTION FROM CONTAMINATION I N 15. Food separated&protected;Single-use gloves linsl�wctoir Siiginaftfl'e Cheint Siiginaftfl'e�� br Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S.O.S CalOahain COIMMJIIiLy IKfthell I of 2 4589 s II A rIk°"'! 0II 01, II 1-1)A r11v1 4 r o II A II II II c o l4.i 4°r( IIit 1A n­,it Ill-,li II II nAII! r v II"IN"�4 r 00I1'1) & I!11 Vc]',`1'1�1111 4 s II u 14 c rII o 4 o r Good Iketaliiilll I ii,acbtes SAFE FOOD AND WATER I N 46. Slash resistant/cloth gloves used properly IN 30. Pasteurized eggs used where required UTENSILS,EQUIPMENT AND VENDING IN 31.Water&ice from approved source IN 47. Food&non-food contact surfaces I N 32.Variance obtained for special processing IN 48.Ware washing!installed, maintained, &used;test strips FOOD TEMPERATURE CONTROL IN 49. Non-food contact surfaces clean IN 33. Proper cooling methods;adequate equipment PHYSICAL FACILITIES IN 34. Plant food properly cooked for hot holding IN 50. Hot&cold water available;adequate pressure IN 35.Approved thawing methods IN 51. Plumbing installed; proper backflow devices IN 36.Thermometers provided&accurate IN 52. Sewage&waste water properly disposed FOOD IDENTIFICATION IN 53.Toilet facilities:supplied, &cleaned IN 37. Food properly labeled;original container IN 54. Garbage&refuse disposal PREVENTION OF FOOD CONTAMINATION IN 55. Facilities installed,maintained, &clean IN 38. Insects, rodents,&animals not present IN 56.Ventilation&lighting IN 39. No Contamination(preparation,storage,display) IN 57. Permit; Fees;Application; Plans IN 40. Personal cleanliness IN 41.Wiping cloths:properly used&stored I N 42.Washing fruits&vegetables PROPER USE OF UTENSILS IN 43. In-use utensils: properly stored IN 44. Equipment&linens:stored,dried, &handled I N 45. Single-use/single-service articles:stored&used This form serves as a "Notice of Non-Compliance"pursuant to section 120.695, Florida Statutes. Items marked as"out"violate one or more of the requirements of Chapter 64E-1 1, the Florida Administrative Code or Chapter 381.0072,Florida Statutes. Violations must be corrected within the time period indicated above. Continued operation of this facility without making these corrections is a violation.Failure to correct violations in the time frame specified may result in enforcement action being initiated by the Department of Health. Vb a,bbii,is Coii'mimeii,fts No Violation Comments Available Geiimii,°MI Coii'mimeii,fts Everything looks great! Email Address(es): mogan@sosfoundation.org; byron@sosfoundation.org Inspection Conducted By: Kaelen Close (69786) Inspector Contact Number: Work: (305)619-3398 ex. Print Client Name: Date: 7/31/2024 lin%l�wcLoir&ginaftfl'e Cheint&ginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S,O,S CalOahain COIMMJIIiLy IKfthell 2 of 2 4590 s II A r 0 0,, II 1-I)A r1tv1 4 r o II A II II II c o l4.i 4°r( IIit 1A n­i IMl-,li II II nAIL! r v II"IN"�4 r 00I1'1) & I!11 Vcd""1'1�1111 4 s II u 14 c r II o 4 o r RIII CS U I...........I satisfactoty Permit Number:44-48-1734021 Name of Facility:S.O.S Callahan Community Kitchen Address: 1020 United Street City,Zip: Key West 33040 Type: Civic Organization Owner: SOS Community Kitchen Person In Charge: SOS Community Kitchen Phone: (701)260-7332 PIC Email: morgan@sosfoundation.org Purpose: Routine Number of Risk Factors(Items 1-29):0 Begin Time: 11:00 AM Inspection Date:3/31/2025 Number of Repeat Violations(1-57 R):0 End Time: 11:31 AM Correct By: Next Inspection FacilityGracle: N/A Re-inspection Date: None StopSale: No Marking Key:IN=the act or item was observed to be in compliance;OUT=the act or item was observed to be out of compliance;NO=the act or item was not observed to be occurring at the time of inspection;NA=the act or item is not performed by the facility-COS=violation corrected on site;R=repeat violation from previous inspection �Z�§k �!!!actoiirs Arid ��)Ll uc l'iriteiii veirvdbiris SUPERVISION I N 16. Food-contact surfaces;cleaned&sanitized IN 1. Demonstration of Knowledge/Training V 17. Proper disposal of unsafe food I N 2. Certified Manager/Person in charge present TIME/TEMPERATURE CONTROL FOR SAFETY EMPLOYEE HEALTH 11V 18. Cooking time&temperatures IN 3. Knowledge, responsibilities and reporting IN 19. Reheating procedures for hot holding IN 4. Proper use of restriction and exclusion I N 20. Cooling time and temperature IN 5. Responding to vomiting&diarrheal events IN 21. Hot holding temperatures GOOD HYGIENIC PRACTICES I N 22. Cold holding temperatures IN 6. Proper eating,tasting,drinking,or tobacco use IN 23. Date marking and disposition I N 7. No discharge from eyes, nose,and mouth I N 24.Time as PHC;procedures&records PREVENTING CONTAMINATION BY HANDS CONSUMER ADVISORY I N 8. Hands clean&properly washed NA 25.Advisory for raw/undercooked food IN 9. No bare hand contact with RTE food HIGHLY SUSCEPTIBLE POPULATIONS IN 10. Handwashing sinks,accessible&supplies IN 26. Pasteurized foods used; No prohibited foods APPROVED SOURCE ADDITIVES AND TOXIC SUBSTANCES IN 11. Food obtained from approved source I N 27. Food additives:approved&properly used IN 12. Food received at proper temperature IN 28.Toxic substances identified,stored,&used IN 13. Food in good condition,safe, &unadulterated APPROVED PROCEDURES NA 14. Shellstock tags&parasite destruction IN 29.Variance/specialized process/HACCP PROTECTION FROM CONTAMINATION I N 15. Food separated&protected;Single-use gloves linsl�wctoir Siiginaftfl'e Cheint Siiginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S,O,S CalOahain COIMMJIIiLy IKfthell I of 3 4591 s II A rIk°"'! 0II 01, II 1-1)A r1tv1 4 r o II A II II II c o l4.i 4°r( IIit 1A n­i IMl-,Ii II II nAIL! r v II"IN"�4 r 00I1'1) & I!11 Vcdl',`1'1�1111 4 s II u 14 c rII o 4 o r Good IIII' liiillll I iiracbtes SAFE FOOD AND WATER I N 46. Slash resistant/cloth gloves used properly IN 30. Pasteurized eggs used where required UTENSILS,EQUIPMENT AND VENDING IN 31.Water&ice from approved source IN 47. Food&non-food contact surfaces NA 32.Variance obtained for special processing IN 48.Ware washing!installed, maintained, &used;test strips FOOD TEMPERATURE CONTROL OU 1 49. Non-food contact surfaces clean IN 33. Proper cooling methods;adequate equipment PHYSICAL FACILITIES IN 34. Plant food properly cooked for hot holding IN 50. Hot&cold water available;adequate pressure IN 35.Approved thawing methods IN 51. Plumbing installed; proper backflow devices I N 36.Thermometers provided&accurate IN 52. Sewage&waste water properly disposed FOOD IDENTIFICATION IN 53.Toilet facilities:supplied, &cleaned IN 37. Food properly labeled;original container IN 54. Garbage&refuse disposal PREVENTION OF FOOD CONTAMINATION IN 55. Facilities installed,maintained, &clean IN 38. Insects, rodents,&animals not present IN 56.Ventilation&lighting IN 39. No Contamination(preparation,storage,display) IN 57. Permit; Fees;Application; Plans IN 40. Personal cleanliness IN 41.Wiping cloths:properly used&stored I N 42.Washing fruits&vegetables PROPER USE OF UTENSILS IN 43. In-use utensils: properly stored IN 44. Equipment&linens:stored,dried, &handled I N 45. Single-use/single-service articles:stored&used This form serves as a "Notice of Non-Compliance"pursuant to section 120.695, Florida Statutes. Items marked as"out"violate one or more of the requirements of Chapter 64E-1 1, the Florida Administrative Code or Chapter 381.0072,Florida Statutes. Violations must be corrected within the time period indicated above. Continued operation of this facility without making these corrections is a violation.Failure to correct violations in the time frame specified may result in enforcement action being initiated by the Department of Health. Vb a,bbiris Coirmineirits Violation#49. Non-food contact surfaces clean Observed build-up on top inside of ice machine. Please ensure this area is cleaned regularly. CODE REFERENCE:64E-1 1.003(4). Non-food contact surfaces shall be kept clean and free of an accumulation of dust,dirt,food residue,and other debris. GeirieiirMI Coirmineirits Please see violation comment. Sanitizer in bucket 400 ppm quat Sanitizer at 3 comp sink 200ppm quat Walk in cooler 30 Walk in freezer outside temp 0 Reach in freezer-2 Observed build-up in ice machine. Please ensure machine is deep cleaned regularly. Email Address(es): morgan@sosfoundation.org; byron@sosfoundation.org linsl�wctoir&ginaftfl'e Cheint&ginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S,O,S CalOahain COIMMJIIiLy IKfthell 2 of 3 4592 s II A rIk°"'! 0II 01, II 1-I)A r11v1 4 r o it A II II II c o l4.i 4 r,,,( IIit 1A n-,it Ill-,si II II nAIL! r v II"IN"�4 r 00I1'1) &1 I!11 Vc]',`1'1�1111 4 s II u 14 c r II o 4 o r Inspection Conducted By: Hali Discoli (31281) Inspector Contact Number: Work: (305)849-6885 ex. Print Client Name: Date: 3/31/2025 hn%��wcLoir&ginaftfl'e�� Cheint&ginaftfl'e�� Form Wflnljeir: 1111H 4023 03118 44-48-1734021 S,O,S CaHahain COIMMJII� Ly IKffth ell 3 of 3 4593 ( �. Foundation, Star of the Sea S 4 1() Mal.onley Ave ATTACHMENT 2 4594 Star of the Sea Foundation 5640 MaLoney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org SOS Food Safety and Sanitation Program Basic Sanitation Procedures 1. Pre-rinse the surface/area, using warm, clean water at low pressure. When using hoses, minimize spray by controlling the pressure and direction. This helps prevent cross- contamination. 2. Clean the surface/area, using a sanitizing solution. Ensure all surfaces are cleaned, especially any crevices or cracks. If required, clean manually using brushes or other tools to remove soil from surfaces. Allow the cleaner to sit for two minutes. 3. Rinse off all the cleaner, using warm, clean water. 4. Inspect the equipment to ensure there is no visible debris or greasy film. Re-clean if needed. Equipment parts and utensils should be washed in a separate area. Utensils and cooking equipment should be washed in the three-compartment sink or the Eco-Lab dishwasher. After Sanitation/Before Production Starts (Pre-operational Assessment) • Equipment and parts must be inspected again for cleanliness and damage and then reassembled using the instructions in the corresponding sanitation standard operating procedures (SSOP). Housekeeping Trash and waste materials including food should go in a lined trash bag. All recyclables should be rinsed and disposed of in the blue recycling bins. • Waste containers must be emptied and cleaned daily. • Keep containers well maintained(no cracks or leaks) and clean. • Ensure areas such as washrooms, locker rooms, lunch room, office, are kept clean. Restrooms should be fully cleaned on a weekly basis or as needed. • The exterior of the facility must be kept clean and tidy. • No equipment, pallets, etc, can be stored near the building. • The grounds must be kept clean to minimize pests. • The trash dumpster is emptied by Waste Management every other day. • Vehicles used to transport food products must be kept clean. Cross-contamination of ingredients, food products, packaging materials and chemicals used in sanitation or maintenance must be prevented during transportation. • Storage areas of the facility must keep clean and tidy. 4595 Star of the Sea Foundation 5640 MaLoney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org Health and Safety Information • Any equipment with sensitive electrical panels must be wrapped with plastic to prevent moisture damage. • Follow equipment lock-out/tag-out procedures where necessary. • All employees must wear appropriate personal protective equipment(PPE), ex: gloves, goggles/face masks, etc. Specific Sanitation Standard Operating Procedures • A list of sanitation standard operating procedures (SSOPs) including detailed assembly and disassembly instructions for individual equipment and areas, includes: production area, including tables, chairs, floors, and cooking utensils sanitation room walls, ceilings and floors all cooking equipment restrooms Temperature Monitoring and Documentation • Temperature Logs must be completed: o Twice daily for refrigerators, freezers, and hot-holding equipment o At time of cooking for all temperature-sensitive foods Monitoring Sanitation and pre-operational activities are monitored daily by the Kitchen Director. 4596 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB E: COST AND PRICE DEVELOPMENT 4597 Star of the Sea Foundation, Inc. 56,40 Moloney Ave Key West, FL. 33,040 Phoine: �3,05) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org 1.5 Justification of Proposed Meal Price in Alignment with Industry Standards The proposed average price of$9.00 per meal, inclusive of preparation, packaging, delivery, and necessary accompaniments (e.g., condiments, utensils, napkins), is both reasonable and reflective of prevailing market conditions for high-quality, turnkey meal services for senior nutrition programs throughout South Florida. This rate supports transportation to all four designated service sites: Key Largo, Marathon, Big Pine Key, and Key West. Our approach ensures comprehensive program compliance, food safety, nutrition standards, and consistent delivery of high-quality meals to older adults throughout Monroe County. This per-meal rate is based on a weekly average across all meals served (congregate and non- congregate) and includes delivery to all four sites as required. The cost includes: • Procurement of fresh ingredients, including fruits and vegetables • Full preparation and packaging • Condiments and beverages • Disposables and supplies • Delivery to four Monroe County meal sites • Accommodation of picnic meals, emergency shelf-stable meals, and special occasion menus • Nutritional analysis and compliance This rate is supported by the following industry benchmarks and operational realities: 1. Comparable Program Pricing: Numerous congregate and home-delivered meal providers in the U.S. operate within a similar price range for comparable services. Depending on portion size, nutritional standards, geographic delivery requirements, and contract scale, many all-inclusive senior meals are priced between $8.50 and $10.50 per meal. Our proposal falls squarely within this range. 2. Inflation and Cost of Goods: Over the past three years, the cost of food, packaging materials, and labor have all seen significant increases. The U.S. Bureau of Labor Statistics reports food-at-home inflation of approximately 20% cumulatively since 2021. Additionally, Monroe County claims the highest food cost in the state,which is 32.6% higher than the national average. Despite the region's heightened food costs, the proposed price reflects current national food costs while ensuring continued compliance with USDA dietary guidelines, portion standards, and local sourcing commitments wherever feasible. 3. Comprehensive Service Model: The $9.00 price encompasses not only food preparation but also nutritionist-approved menu planning, temperature-controlled delivery logistics, food safety and compliance assurance, and local program-level administrative support. This turnkey approach reduces 4598 Star of the Sea Foundation, Inc. 56,40 Moloney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org the administrative burden on the contracting agency and ensures consistent quality and client satisfaction. 4. Past Performance and Economies of Scale: As an experienced contractor with a proven record in Monroe County, we have optimized operational workflows, procurement strategies, and vendor relationships that allow us to offer competitive pricing without compromising quality or reliability. In summary, our pricing is firmly grounded in current industry norms and reflects our commitment to both fiscal responsibility and the delivery of healthy, dignified meals to South Florida's senior 4599 PRICE PROPOSAL FORM FOOD SERVICE MEAL CATERING BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of: Food (Meal) Catering for the Monroe County Social Services (" CSS")Nutrition Program,and having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself/itself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish all labor, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work and work incidental hereto, in a workman-like manner, in conformance with specifications, and other contract documents including Addenda issued thereto. The undersigned further certifies that he/she/it has been given the opportunity to personally inspect the actual location(s) of where the services/work is to he performed, together with the local sources of supply and that he/she/it understands the conditions under which the services/work is to he performed. ***PROPOSER MUST DEMONSTRATE HOW THIS PRICE RESPONSE IS CONSISTENT WITH CURRENT INDUSTRY PRICING FOR THE SAME OR SIMILAR SERVICES*** 1. Average Cost per Meal (all meals of all types): Amount in Writing _Nine dollars 9.5 2. Breakdown of Average Meal Cost: Labor 39•5 Food 35.8 % Supplies, including disposables 10.2 _ % Transportation 3.5 Overhead 11 I acknowledge receipt of Addenda o.(s): O. 1 Dated June 13,2025 o. Dated June 17, 2025 (Signa u're of hailiorized.Represent blve of Respondent) (Date) Morgan Tracey (Print Name) 4600 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB F: FINANCIAL INFORMATION AND LITIGATION 4601 PROPOSER'S STATEMENT Section 2-347(h),Monroe County Code of Ordinances The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITrED TO: MONROECOUNTY c/o BOARD OF COUNTY COMMISSIONERS I 100 SIMONTON STREET, KEY WEST,FLORIDA 33040 Check One Submitted By: Star of the Sea Foundation Inc 0 Corporation Name: Morgan Tracey 0 Partnership Address: 5640 Maloney Ave 0 Individual City, State,Zip Key WeSt,FL 33040 M Other Telephone No. 305-292-3013 Fax No. 1. State the true, exact,correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the principal place of business. The correct name of the Proposer is: Star of the Sea Foundation Inc The address of the principal place of business is: 5640 Maloney Ave,Key West,FL 33040 2. Provide a list of the officers and directors of the entity: If Respondent is a corporation,answer the following— a. Date of Incorporation: 501(c)(3)-2008 b. State of Incorporation- Florida C. Presidenfs Name: See attachment 3&4 d. Vice President's Name: e. Secretary's Narne: f, Treasurer's Name: 9. Name and Address of Resident Agent: If Respondent is an individual or a partnership,answer the following— a. Date of Organization: b. Name,Address and Ownership Units of all Partners/Officers/Directors: C. State whether general or limited partnership: 3, Qualified Disadvantaged Business Enterprise,or Small, Minority-owned, Women- YES NO owned,Veteran-owned Business Enterprise,or labor surplus area firm: If Yes,provide documentation of certification,or other proof of qualification. 4. For Local Preference: Local Business as defined in Section 2-349, Monroe County Code of Ordinances: If Yes,provide documentation or other proof of qualification. YES EZ NO 5. If Respondent is operating under a fictitious name,submit evidence of compliance with the Florida Fictitious Name Statute. 4602 6. Provide a list of the person's or entity's shareholders with five percent(5%)or more of the stock or, if a general partnership,a list of the general partners; or,if a limited liability company, a list of its members;or,if a solely owned proprietorship,nanies(s)of owner(s): N/A 7. Provide the number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects): 19 years operating,10 years of operating afresh meals program a. List the number of years and under what other names has your organization operated? 19 years 8. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and/or state registration. EIN-30-0496670 See attachment 5 9. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers,major shareholders or directors, ever failed to complete work.or provide the goods for which it has contracted? YES [:] NO EZ If yes,provide details. 10. Are there any judgments,claims,arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers,directors,or general partners? YES [—] NO EZ If yes,provide details. 11. Has the person,principal of the entity,entity,or any entity previously owned,operated or directed by any of its officers,major shareholders or directors,within the last five (5)years,been a party to any lawsuit, arbitration, or mediation with regard to a contract for services,goods or construction services similar to those requested in the specifications with private or public entities? YES [] NO EZ If yes,provide details. 12. Has the person,principal of the entity,or any entity previously owned,operated or directed by any of its officers,owners,partners,major shareholders or directors,ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? YES If yes,provide details. 4603 13. Whether,within the last five(5)years,the owner,an officer,general partner,principA controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perforin services or furnish goods similar to those sought in the request for competitive solicitation. YES [:] NO E] If yes,provide details. 14. Customer references(minimum of three(3)),including name,current address and current telephone number: See attachment 6 15. Credit references (minimum of three (3)), including name, current address and current telephone number: See attachment 7 16. CERTIFICATION OF SEPARAT`E CONFIDENTIAL UPLOAD: Financial statements for the prior three(3)years for the responding entity or for any entity that is a subsidiary to the responding entity: Confirm se ate upload: YES EZ NO 17. Any financial information requested by the county department involved in the competitive solicitation,related to the financial qualifications,technical competence,the ability to satisfactorily perfonn within the contract time constraints,or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. Confirm your understanding of the County's ability to request additional information: YES JZ NO The Proposer acknowledges and understands that the information contained in response to this Proposer's Statement shall be relied upon by County in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's ability to perform under the contract may cause the County to reject the proposal,and,if after the award,to cancel and terminate the award and for contract. Proposer's Signature Y" Date State ofl—i (O,,, ctti. County of. 0q,&-rj CO i? I HEREBY CERTIFY The foregoing instrument was sworn to or affirtned before me by means of physical1 presence or 0 online notarization, this day of 2025, by I (name of person) , as I JIVA U (type of authority) for Ljc- C (name of party on behalf of whom instrument was executed). 91 Personally known to me,or 0 Produced identification of WITNESS my hand and official seal. Notary Public State m*.-&,-,A gaarberFlorida NOTARY PUBLIC N RIDA SEAL OF OFFICE: (Name of Not Public: rint, Stamp,or Type as Commissioned) 4604 0 `' cfl M, Z CA 0 cl 0 cn CA W o 0 0 0 0 0 N N N N N N ~ ~ ~ ~ ~ ~ N cv cv cv cv cv 1 M -- v °o +1 O von � ov� C, x ° tt 0 N N N M Icl U cl OM '� '6 `n r cd coo 4-w cl � Q C r--+ o o 0 0 cn cn cl l O cl unol o o LL 01 LL I � CA w cl cl U tA cl sa V 0 + °° O rN4 0. Q - ATTACHMENT 4 — INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. 0. BOX 250B CINCINNATI, OH 45201 APR 2 4 2009 Employer Identification Number: Date: 30-0496670 DLN: 17053259305038 STAR OF THE SEA FOUNDATION INC Contact Person: 5640 MALONEY AVE RICHARD COMBS ID# 31024 KEY WEST, FL 33040-5983 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: July 21, 2008 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: we are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) 4606 -2- STAR OF THE SEA FOUNDATION INC Sincerely, Robert Choi Director, Exempt Organizations Rulings and Agreements Enclosures; Publication 4221-PC Letter 947 (DO/CG) 4607 ATTACHMENT 5 State of Florida Department of State I certify from the records of this office that STAR OF THE SEA FOUNDATION, INC. is a corporation organized under the laws of the State of Florida, filed on July 21, 2008. The document number of this corporation is N08000006861. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on February 7, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighteenth day of June, 2025 ecr taly ref tittar� Tracking Number: 6588975324CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 4608 Star of the Sea Foundation Inc. 0 5640 Maloney Ave Key West, FL. 33040 Phone: (305) 292-30�1.3 Fax: (305) 292-301.4 www.sosfoundation.org ATTACH M ENT 6 Customer References 1. Bahama Village Music Program at Frederick Douglass Gym Kawana Staffney-Ashe, Program Director 111 Olivia Street, Key West, FL 33040 (786) 370-0266 coirin 2. Inez Martin Child Development Center Aleida Jacobo, CEO 1304 Truman Avenue, Key West, FL 33040 (305) 809-5000 x320 ateida.jacc bc�@westeyi,nc u.�se.c�,g 3. Kreative Kids Christian Academy Maria Valliant, Program Director 4711 Overseas Highway, Marathon, FL 33050 (305)765-7165 i<�'eative�<ids@�,nti<eys.ci,nu.��,ci,n, Additional references are available upon request. 4609 Star of the Sea Foundation, Inc. 56,40 Moloney Ave Key West, FL. 33,040 Phoine: �3,05) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org ATTACH M ENT 7 CREDIT REFERENCES 1. Capital One Spark Business P.O. Box 60899, City Industry, CA 91716 1-800-867-0904 2. McArthur Dairy Dean Foods, Florida Division 240 NE 71st Street, Miami, FL 3 313 8 Samuel David, Account Manager 1-833-888-0279 3. Gordon Food Services 2508 N. Roosevelt Blvd, Key West, FL 33040 Jeff Fike, Store Manager (305)-292-2933 4610 Star of the Sea Foundation, Inc. 5640 MaLoney Ave Key West, FL. 33,040 Phoine: i305) 292-3013, Fax: (305) 292-3014 www,sosrriissio,ri.org TAB G: MANDATORY COUNTY FORMS 4611 PROPOSER'S STATEMENT Section 2-347(h),Monroe County Code of Ordinances The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITrED TO: MONROECOUNTY c/o BOARD OF COUNTY COMMISSIONERS I 100 SIMONTON STREET, KEY WEST,FLORIDA 33040 Check One Submitted By: Star of the Sea Foundation Inc 0 Corporation Name: Morgan Tracey 0 Partnership Address: 5640 Maloney Ave 0 Individual City, State,Zip Key WeSt,FL 33040 M Other Telephone No. 305-292-3013 Fax No. 1. State the true, exact,correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the principal place of business. The correct name of the Proposer is: Star of the Sea Foundation Inc The address of the principal place of business is: 5640 Maloney Ave,Key West,FL 33040 2. Provide a list of the officers and directors of the entity: If Respondent is a corporation,answer the following— a. Date of Incorporation: 501(c)(3)-2008 b. State of Incorporation- Florida C. Presidenfs Name: See attachment 3&4 d. Vice President's Name: e. Secretary's Narne: f, Treasurer's Name: 9. Name and Address of Resident Agent: If Respondent is an individual or a partnership,answer the following— a. Date of Organization: b. Name,Address and Ownership Units of all Partners/Officers/Directors: C. State whether general or limited partnership: 3, Qualified Disadvantaged Business Enterprise,or Small, Minority-owned, Women- YES NO owned,Veteran-owned Business Enterprise,or labor surplus area firm: If Yes,provide documentation of certification,or other proof of qualification. 4. For Local Preference: Local Business as defined in Section 2-349, Monroe County Code of Ordinances: If Yes,provide documentation or other proof of qualification. YES EZ NO 5. If Respondent is operating under a fictitious name,submit evidence of compliance with the Florida Fictitious Name Statute. 4612 6. Provide a list of the person's or entity's shareholders with five percent(5%)or more of the stock or, if a general partnership,a list of the general partners; or,if a limited liability company, a list of its members;or,if a solely owned proprietorship,nanies(s)of owner(s): N/A 7. Provide the number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects): 19 years operating,10 years of operating afresh meals program a. List the number of years and under what other names has your organization operated? 19 years 8. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and/or state registration. EIN-30-0496670 See attachment 5 9. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers,major shareholders or directors, ever failed to complete work.or provide the goods for which it has contracted? YES [:] NO EZ If yes,provide details. 10. Are there any judgments,claims,arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers,directors,or general partners? YES [—] NO EZ If yes,provide details. 11. Has the person,principal of the entity,entity,or any entity previously owned,operated or directed by any of its officers,major shareholders or directors,within the last five (5)years,been a party to any lawsuit, arbitration, or mediation with regard to a contract for services,goods or construction services similar to those requested in the specifications with private or public entities? YES [] NO EZ If yes,provide details. 12. Has the person,principal of the entity,or any entity previously owned,operated or directed by any of its officers,owners,partners,major shareholders or directors,ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? YES If yes,provide details. 4613 13. Whether,within the last five(5)years,the owner,an officer,general partner,principA controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perforin services or furnish goods similar to those sought in the request for competitive solicitation. YES [:] NO E] If yes,provide details. 14. Customer references(minimum of three(3)),including name,current address and current telephone number: See attachment 6 15. Credit references (minimum of three (3)), including name, current address and current telephone number: See attachment 7 16. CERTIFICATION OF SEPARAT`E CONFIDENTIAL UPLOAD: Financial statements for the prior three(3)years for the responding entity or for any entity that is a subsidiary to the responding entity: Confirm se ate upload: YES EZ NO 17. Any financial information requested by the county department involved in the competitive solicitation,related to the financial qualifications,technical competence,the ability to satisfactorily perfonn within the contract time constraints,or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. Confirm your understanding of the County's ability to request additional information: YES JZ NO The Proposer acknowledges and understands that the information contained in response to this Proposer's Statement shall be relied upon by County in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's ability to perform under the contract may cause the County to reject the proposal,and,if after the award,to cancel and terminate the award and for contract. Proposer's Signature Y" Date State ofl—i (O,,, ctti. County of. 0q,&-rj CO i? I HEREBY CERTIFY The foregoing instrument was sworn to or affirtned before me by means of physical1 presence or 0 online notarization, this day of 2025, by I (name of person) , as I JIVA U (type of authority) for Ljc- C (name of party on behalf of whom instrument was executed). 91 Personally known to me,or 0 Produced identification of WITNESS my hand and official seal. Notary Public State m*.-&,-,A gaarberFlorida NOTARY PUBLIC N RIDA SEAL OF OFFICE: (Name of Not Public: rint, Stamp,or Type as Commissioned) 4614 COUNTY FORMS (& STATE-MANDATED PROVISIONS)AFFIDAVIT By signing this Affidavit, Respondent has sworn or affirmed to the following requirements as set forth below: Public Entity Crime Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, Respondent hereby certifies and attests that neither it nor its affiliate(s)have been placed on the convicted vendor list following a conviction for a public entity crime.If placed on that list,Respondent must notify the County immediately and is prohibited from providing any goods or services to a public entity;may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids/proposals on leases of real property to a public entity; may not be awarded or perform work as a Respondent, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes., as amended from time to time, for Category TWO ($35,000) as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Respondent hereby acknowledges its immediate and ongoing obligation to notify the County if it is placed on the convicted vendor list. Discriminatory Vendor List Respondent hereby acknowledges its continuous duty to disclose to the County if the Respondent or any of its affiliates,as defined by Section 287.134(1)(a),Florida Statutes,are placed on the Discriminatory Vendor List.Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity." Foreign Gifts and Contracts Respondent hereby acknowledges and agrees it must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b), Florida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." Ethics Clause pursuant to Monroe County Ordinance No. 010-1990 By signing this Affidavit, the Respondent warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. Drug-Free Workplace Respondent in accordance with Section 287.087, Florida Statutes,hereby certifies that Respondent shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 4615 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that Respondent complies fully with the above requirements. Vendor Certification Regarding Scrutinized Companies Lists Respondent agrees and certifies compliance with the following: 1. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 2. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above as "Respondent" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. 3. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted sus Mended—discriminatory complaints—vendor—lists Non-Collusion Affidavit Respondent by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Respondent,the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or 4616 agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Compliance with Foreign Countries of Concern pursuant to Section 287.138,F.S. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Respondent provides the County with an affidavit signed by an authorized representative of the Respondent, under penalty of perjury, attesting that the Respondent does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. The below box must be completed to satisfy this requirement. Violations of this Section will result in termination of any forthcoming agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. Star of the Sea Foundation Inc is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern,and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Morgan Tracey Title: Chief Executive Officer Signature: A, Date: June 17,2025 E-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Respondent acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by Respondent to perform employment duties within Florida during the ten-n of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Respondent to perform work pursuant to the contract with the County. The Respondent acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By executing this Affidavit, Respondent becomes obligated to comply with the provisions of Section 448.095,Florida Statutes, "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the worl, authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Respondent attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Respondent agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095,Florida Statutes, as amended, and Respondent may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. Respondent will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Antitrust Violations• Denial or Revocation under Section 287.137, F.S. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list(electronically published and updated quarterly by the State of 4617 Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, Respondent certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.137, Florida Statutes,as amended. Noncoercive Conduct for Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Respondent is required to provide an affidavit under penalty of perjury attesting that Respondent does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As an authorized representative of Respondent, I certify under penalties of perjury that Respondent does not use coercion for labor or services as prohibited by Section 787.06, Fla. Stat. Additionally,Respondent has reviewed Section 787.06,Fla. Stat., and agrees to abide by same. County Suspended Vendor List The eligibility of persons to bid for an award of County contract(s), or enter into a contract, may be suspended pursuant to Sec. 2-347(1) of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work(e.g. subcontractor in a bid or contract) pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity.By signing this Affidavit,Respondent certifies that he/she/it is not a County-suspended vendor pursuant to Sec. 2-347(1),Monroe County Code. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING REQUIRED AFFIDAVIT CONTAINING THE ABOVE SWORN ATTESTATIONS AND THAT THE FACTS STATED HEREIN ARE TRUE. (Signature of Xuthorized Repres6tative of Respondent) (Date) STATE OF COUNTY OF I HEREBY CERTIFY The foregoing instrument was sworn to or affirmed before me by means of physical prese e or 0 online notarization, this day of 2025, by �k-'2"L r . (name of person) as (type of authority, e.g. officer, trustee, attorney in fact) for (name of p was executed). WITNESS my hand and official seal. N IIAMY p y-V"-' OF NOTARY PUBLIC FL SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) O'Personally known to me,or 0 Produced identification Type of ID: 4618 CONSENT TO CRIMINAL BACKGROUND CHECK Please be aware, a Criminal History Background Check will be run on you pursuant to the County's standard operating procedure and the terms and conditions of this solicitation.Once a contract for services in formed between you and the County, the County may request a Criminal History Background Check (for contracted services/employment purposes) at any time during the term/tenure of your contract for services 7e-m-p`T5yi-n-=en . I have read the above statement and understand it completely, and I voluntarily agree to it. 0 r�, June 17, 2025 Proposer's Signature Date Morgan Tracey Proposer's Printed Name ATTESTATION OF COMPLIANCE—EMPLOYER AUTHORITY : ALL EMPLOYERS are required to annually submit this form attesting to compliance with the provisions of Chapter 435 and Section 430.0402 of the Florida Statutes. The term "employer" means any person or entity required by law to conduct background screenings, including but not limited to, Area Agencies on Aging/Aging and Disability Resource Centers, Lead Agencies, and Service Providers that contract directly or indirectly with the Department of Elder Affairs (DOEA), and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See Sections 435.02 and 430.0402,Fla. Stats. A direct service provider is"a person 18 years of age or older who,pursuant to a program to provide services to the elderly, has direct, face-to-face contact with the client's living areas, funds, personal identification information as defined in Section 81.7.568. The term also includes, but is not limited to,the administrator or a similarly titled person who is responsible for the financial operations of the provider, coordinators, managers, and supervisors of residential facilities, and volunteers, and any other person seeking employment with a provide who is expected to,or whose responsibilities may require him or her to,provide personal care or services directly to clients or have access to client funds, financial matters, legal matters, personal property,or living areas."Section 430.0402(l)(b), Fla. Stat. (2024). As the duly authorized representative of: Star of the Sea Foundation Inc located at: 5640 Maloney Ave, Key West, FL 33040 1 under penalty of pet jury, 1, Thomas Callahan hereby swear or affirm that the above-named employer is in compliance with the provisions of Chapter 435 and Section 430.0402 of the Florida Statutes,regarding level 2 background screenings. St'gMaTdre'o1Vffjp$9&Ni1 e Date 4619 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Respondents and Subcontractors As a pre-requisite of the work and services governed, or the goods supplied under this contract(including the pre-staging of personnel and material), the Respondent shall obtain, at his/her/its own expense, insurance as specified in the attached schedules,which are made part of this contract. The Respondent will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Respondent. Alternatively, the Respondent may require all Subcontractors to obtain insurance consistent with the attached schedules. The Respondent will not be permitted to commence work governed by this contract(including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Respondent to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Respondent's failure to provide satisfactory evidence. The Respondent shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Respondent to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Respondent's failure to maintain the required insurance. The Respondent will be held responsible for all deductibles and self-insured retentions that may be contained in the Respondent's Insurance policies. The Respondent shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance,or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation,non-renewal,material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Respondent's insurance shall not be construed as relieving the Respondent from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 4620 Respondent shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. Depending on the extent of contractual obligations incurred by the Respondent, the below insurances will be required. Insurances can be altered via written waiver by County's Risk Manager, if required. The Respondent must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Respondent must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or MCFR whenever acquired,amended, and annually during the term of this Agreement. Prior to execution of this Agreement, Respondent shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence,and$100,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. c) COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include,as a minimum:Premises Operations, Products and Completed Operations, Blanket Contractual Liability, and Personal Injury Liability. An Occurrence Form policy is preferred.If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve(12)months following the acceptance of work by the County. d) CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. The underwriter of such insurance shall be qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Respondent to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. In the event that the Respondent subcontracts any or all of the work in this project to any third party, the Respondent specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Respondent specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. INDEMNIFICATION& RELEASE OF LIABILITY Notwithstanding any minimum insurance requirements prescribed elsewhere in this solicitation, Proposer shall defend, indemnify, and hold the COUNTY, and the COUNTY's elected and appointed officers and employees, harmless from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury 4621 (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to,or sustained by, any indemnified party by reason of,or in connection with: (A)any activity of Proposer or any of its employees, agents, contractors or other invitees during the solicitation process and any ensuing agreement, (B)the negligence or recklessness, intentional wrongful misconduct,errors or other wrongful act or omission of Proposer or any of its employees,agents, sub-contractors or other invitees, or (C) Proposer's default in respect of any of the obligations that it undertakes during the solicitation process and under the term of any ensuing agreement,except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise solely from the intentional or negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Proposer). Nothing contained herein is intended, nor may be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time;nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this solicitation or ensuing agreement. To the extent considered necessary by the Contract Manager, any sums due Proposer under an ensuing agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved,and any amount withheld is not subjeetto payment Of interest by the County. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during or after the term of an ensuing agreement, and the rights and immunities reserved to the County, this section will survive the expiration of the term of the ensuing agreement or any earlier termination of same. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSt4 Signature- Date 4622 THE HARTFORD BUSINESS SERVICE CENTER THE ,o 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 June 12, 2025 For Informational Purposes 5640 MALONEY AVE KEY WEST FL 33040-5983 Account Information: Contact Us Policy Holder Details : Star Of The Sea Foundation Inc Need Help? Chat online or call us at (866)467-8730. We're here Monday- Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 4623 ,-. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/12/2025 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(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC/PAC PHONE (877)266-6850 FAX (585)389-7894 76250885 (A/C,No,Ext): (A/C,No): 225 KENNETH DRIVE STE 110 E-MAIL ADDRESS: ROCHESTER NY 14623 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hartford Fire Insurance Company 19682 INSURED INSURER B: STAR OF THE SEA FOUNDATION INC INSURERC: 5640 MALONEY AVE KEY WEST FL 33040-5983 INSURER D: INSURER E: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- JECT POLICY PRO- LOC PRODUCTS-COMP/OPAGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT $100,000 A PROPRIETOR/PARTNER/EXECUTIVE N/A 76 WEG BM3TBL 12/31/2024 12/31/2025 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1 OO,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION For Informational Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 5640 MALONEY AVE BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED KEY WEST FL 33040-5983 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4624 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Auto Policy#CSA0986759-02 $1,000 (HNOA ) General Liability Pckq Policy#CSA0986759-02 N/A Liability policies are X Occurrence Claims Made Aris Insurance Group 6/10/2025 Insurance Agency Signature Date 4625 Suspension,Certification RegardiM VoluntaryAnd Exclusion Prospective Contractor's Covered Transactions (1) The prospective contractor of the County as sub-recipient of state and federal grant funding certifies, by submission of this document,that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the County's prospective contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. PROSPECTIVE CONTRACTOR: Star of the Sea Foundation Inc y _ Off' , e. e c� l Signature ecipient's e Morgan Tracey, Chief Executive Officer Older Americans Act Contract No. 2529 Name and Title � � Division Contract Number 5640 Maloney Ave Street Address _......_..— Key West, FL 33040 City, State,Lip June 16, 2025 - --........................................ . Date 4626 CIVIL RIGHTS COMPLIANCE STATEMENT Civil Rights Act of 1964, Title VI and V11 A. The Provider hereby certifies that there will be no discrimination against any employee or person served on account of race, color, sex, religious background, ancestry, or national origin in its performance of the food service Contract. B. The Provider hereby certifies that it shall comply with Title VI of the Civil Rights Act of 1964 (42 USA 2000d) in regard to persons served, and the regulations issued pursuant thereto (45 CFR, Part 80). C. The Provider hereby certifies that it shall comply with Title V11 of the Civil Rights Act of 1964 (42 USC 20003) in regard to employees or applicants for employment, and nay regulations issued pursuant thereto. D. It is expressly understood that upon receipt of evidence of such discrimination, the Monroe County Nutrition Program, Alliance for Aging, and/or the Department of Elder Affairs shall have the right to terminate the food service agreement automatically and without penalty to any governmental entity. PROVIDE WRITTEN STATEMENT OF COMPLIANCE WITH THE ABOVE OR EXECUTE BELOW June 17, 2025 Signature 0 Date Morgan Tracey, Chief Executive Officer Print Name and Title 4627 CE PROPOSAL FORM FOOD SERVICE MEAL CATERING BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of Food (Meal) Catering for the Monroe County Social Services ("MCSS")Nutrition Program,and having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself/itself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish all labor, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work and work incidental hereto, in a workman-like manner, in conformance with specifications, and other contract documents including Addenda issued thereto. The undersigned further certifies that he/she/it has been given the opportunity to personally inspect the actual location(s) of where the services/work is to be performed, together with the local sources of supply and that he/she/it understands the conditions under which the services/work is to be performed. ***PROPOSER MUST DEMONSTRATE HOW THIS PRICE RESPONSE IS CONSISTENT WITH CURRENT INDUSTRY PRICING FOR THE SAME OR SIMILAR SERVICES*** 1. Average Cost per Meal(all meals of all types): $_ R jp Amount in Writing Nine dollars 2. Breakdown of Average Meal....Cost............ ..... _.. ..............._.. 39..s�..........................._ . .......... Labor Food R8 % Supplies, including disposables 10.2 % Transportation 3-5 % Overhead 11 % I acknowledge receipt of Addenda No.(s): No.1 Dated June 13,2025 No. Dated June 17,2025 (Signs ure of A horized Represent ve of Respondent) (Date) Morgan Tracey (Print Name) 4628 PART 6—REQUIRED FORMS CHECKLIST ACKNOWLEDGEMENT I Response (tabbed per each criterion) 2 Proposer's Statement(per subsection 2-347(h),Monroe County Code) AL 3 County Forms(&State-mandated provisions) Affidavit 4 Criminal Background Check Consent Form 5 Insurance Requirements Fonn (incl. Release of Liability&Indemnification Statement) 6 Insurance Agent's Statement(signed by insurance agent) 7 Cerlification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion 8 Minority-,Disadvantaged-,Women-,Veteran-Owned Business or Labor Surplus Area Finn Declaration 9 Civil Rights Compliance Statement 10 Price Proposal Form I I SEPARATE DOCUMENT UPLOAD: 'Ibree(3)years of Financial Statements marked"CONFIDENTLkL" Proposer, states by its check mark in the blank beside the form and by its authorized representative's signature that it has provided the following forms: Company FEIN: EIN-30-049W 7O Company Name: Star of the Sea Foundation Inc D/B/A(if applicable) Company Ownership: Years in Business: 19 years Company Address: 5640 Mabney Ave,Key West,FIL 33040 Company Phone Number: 305-292-3013 Fax: Company Web Address: http://www.sDsfoundation.og Number of Employees: 24 Company E-mail: Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: Morgan Tracey Title: Chief Executive Officer Phone Number: 530-91 9,687 Email Address: morgan@sosfoundation,org The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bid or proposal. Date: June 17,2025 Signed: , tative) (Name&Title) 4629 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 21, 2025 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: January 15, 2025 BOCC Meeting The following item has been executed and added to the record: C13 Contract No. AA2529 between the Alliance for Aging, Inc. ("Alliance") and Monroe County Board of County Commissioners that reflects a new grant agreement for the period of 01/01/2025 to 12/31/2025 and provides an award in the amount of$719,281.00 sourced from Older Americans Act funding. This ratification is made retroactively effective as of January 1, 2025. 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 4630 Contract Number AA2529 ALLIANCE FOR AGING, INC. STANDARD CONTRACT OLDER AMERICANS ACT THIS CONTRACT is entered into between the Alliance for Aging,Inc.,hereinafter referred to as the"Alliance,"and Monroe County Board of County Commissioners, Social Services/ln-Home Services, hereinafter referred to as the"Provider", and collectively referred to as the"Parties." The to contractor for this purpose may designate a vendor,sub-grantee or sub-recipient, the status to be further identified in ATTACHMENT 11, Exhibit-2 as necessary. WITNESSETH THAT: WHEREAS,the Alliance has established through the Area Plan on Aging that it is in need of certain services as described herein-, and WHEREAS,the Provider has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent contractor of the Alliance. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth,the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits which constitute the contract document. 2. Incorporation of Documents within the Contract This contract incorporates by reference attachments,proposal(s),Provider's Service Provider Application, and the current DOEA Programs and Services Handbook (the "Handbook"). Any and all contracts or agreements executed between the Provider and the Alliance during the effective period of this contract shall be governed in accordance with the applicable laws and statutes. 3. Term of Contract This contract shall begin on January 1,2025,or on the date on which the contract has been signed by the last party required to sign it,whichever is later. It shall end at midnight,local time in Miami, Florida,on December 31,2025,unless renewed or extended as provided herein. 4. Contract Amount The Alliance agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed$719,281.00 subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals By mutual agreement of the parties, the Alliance may renew the contract for five additional one-year periods. Contingent upon satisfactory performance evaluations by the Alliance and the availability of funds. Any renewal is subject to the same terms as the original contract,and any amendments,with the exception of establishing unit rates which is described further in this section. The original contractual unit rates are set forth in the bid proposal and reply. Requests to change the original contractual established rates are provided for in Attachment 1.Section IV.G of this contract. This contract may be extended upon mutual agreement for one extension period not to exceed six months to ensure continuity of service. Services provided under this extension will be paid for out of the succeeding agreement amount. 6. Compliance with Federal Law 6.1 This contract contains federal funds. The following shall apply: 6.1.1 The Provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. Page 1 of 72 4631 Contract Number AA2529 6.1.2 If this contract contains federal funds and is over$100,000.00,the Provider shall comply with all applicable standards,orders,or regulations issued under s.306 of the Clean Air Act as amended(42 U.S.C.7401,et seq.), s.508 of the Federal Water Pollution Control Act as amended(33 U.S.C. 1251,et seq.),Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The Provider shall report any violations of the above to the Alliance. 6.13 The Provider,or agent acting for the Provider,may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. The Provider must complete all disclosure forms as required, specifically the Certification of Assurances Attachment,which must be completed and returned with this signed contract. 6.1.4 In accordance with Appendix A to 2 CFR 215,the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Provider shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The Provider shall complete and sign the Certification and Assurances Attachment prior to execution of this contract. 6.2 The Provider shall not employ an unauthorized alien. The Alliance shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act(8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986(8 U.S.C. 1101). Such a violation shall be cause for unilateral cancellation of this contract by the Alliance. 63 If the Provider is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements(filing a Form 990 or Form 990-N)and has its tax exempt status revoked for failing to comply with the filing requirements of the 2006 Pension Protection Act or for any other reason, the Provider must notify the Alliance in writing within thirty(30)days of receiving the IRS notice of revocation. 6.4 The Provider shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 6.5 Unless exempt under 2 CFR Part 170.1 10(b), the Provider shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 6.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number I 1-116, Provider agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Provider during the contract term. Provider shall include in related subcontracts a requirement that subcontractors and/or vendors performing work or providing services pursuant to the state contract utilize the E-verily system to verify employment of all new employees hired by the subcontractor and/or vendor during the contract term.Providers meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 7. Compliance with State Law 7.1. This contract is executed and entered into in the State of Florida,and shall be construed, perfon-ned and enforced in all respects in accordance with Florida law, including Florida provisions for conflict of laws. 7.2. The Provider shall comply with the requirements of s.287.058,Florida Statutes("F.S.")as amended. 7.2.1. The Provider shall provide units of deliverables, including reporting, findings,and drafts,as specified in this contract,which the Contract Manager must receive and accept in writing prior to payment. 7.2.2. The Provider shall comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in ATTACHMENT 1, Section 111. Method of Payment. 7.2.3. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. Page 2 of 72 4632 Contract Number AA2529 7.2.4. If itemized payment for travel expenses is permitted in this contract,the Provider will submit bills for any travel expenses in accordance with s. 112.061, F.S.,or at such lower rates as may be provided in this contract. 7.2.5. The Provider shall allow public access to all documents, papers, letters,or other public records as defined in subsection 119.01 l(I 2), F.S., made or received by the Provider in conjunction with this contract except for those records which are made confidential or exempt by law. The Provider's refusal to comply with this provision shall constitute an immediate breach of contract for which the Alliance may unilaterally terminate the contract. 7.3. If clients are to be transported under this contract,the Provider shall comply with the provisions of Chapter 427,F.S., and Rule 41-2,Florida Administrative Code("F. A.C."). 7.4. Subcontractors and/or vendors who are on the discriminatory vendor list may not transact business with any public entity,in accordance with the provisions of s.287.134, F.S. 7.5. The Provider will comply with the provisions of s. 11.062, F.S., and s. 216.347,F.S.,which prohibit the expenditure of contract funds for the purpose of lobbying the legislature,judicial branch or a state agency. 7.6. In accordance with Section 287.135 F.S.,any Contractor on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List(Lists),created pursuant to Section 215.473 F.S.and 215.4725,F.S.,or is engaged in a boycott of Israel,or is engaged in business operations in Cuba or Syria, is ineligible to enter into or renew a contract with the Department for goods or services of$1,000,000 or more.Pursuant to Section 287.135 F.S.,the Alliance may terminate this contract if the Provider is found to have submitted a false certification of its status on the Lists or has been placed on the Lists or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria. Further, the Provider is subject to civil penalties,attorney's fees and costs and any costs for investigations that led to the finding of false certification.The Provider shall complete and sign the Certifications and Assurances Attachment,prior to the execution of this contract. 8. Background Screening The Provider shall comply with and ensure subcontractors are in compliance with the requirements of s. 430.0402 and Chapter 435, F.S., as amended, regarding background screening for all persons who meet the definition of a direct service provider and who are not exempt from the Department's level 2 background screening pursuant to s.430.0402(2)-(3), F.S. The Provider must also comply with any applicable rules promulgated by the Department and the Agency for Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, F.S. To demonstrate compliance with this provision,Provider shall submit to the Alliance,the Background Screening Affidavit of Compliance(Screening Form)upon thirty(30)days of execution of this contract. Should the Alliance have a completed Screening Form on file for the Provider, a new Screening Form will be required every twelve(12) months. 8.1 Further information concerning the procedures for background screening is found at Laff4i rs.state.fl.us/doea/back 2 V, 8.2 Background Screening Affidavit of Compliance ® To demonstrate compliance with this contract, the Provider shall submit ATTACHMENT D, Background Screening Affidavit of Compliance annually as part of his contract. 9. Grievance and Complaint Procedures 9.2 Grievance Procedures The Provider shall comply with and ensure subcontractor and/or vendors compliance with the Minimum Guidelines for Recipient Grievance Procedures,Appendix D,of the Handbook,to address complaints regarding the termination, suspension or reduction of services,as required for receipt of funds. 9.1. Complaint Procedures The Provider shall develop and implement complaint procedures and ensure that subcontractors and/or vendors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services,provider and direct service worker complaints,or any other advice related to complaints other than termination,suspension or reduction in services that require the grievance Page 3 of 72 4633 Contract Number AA2529 process as described in Appendix D, of the Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date, nature of complaint, the determination of each complaint,and the follow-up with the client to ensure satisfaction with the resolution 10. Public Records and Retention 10.1. By execution of this contract, Provider agrees to all provisions of Chapter 119, F.S.,and any other applicable law,and shall: 10.1.1.Keep and ►maintain public records required by the Department to perform the contracted services. 10.1.2. Upon request from the Alliance or the Department®s custodian of public records, provide the Alliance or the Department a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119. F,S., or as otherwise provided by law. 10.1.3. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Provider does not transfer the records to the Alliance or the Department. 10.1.4. Upon completion of the contract, the Provider will either transfer, at no cost to the Alliance,all public records in possession of the Provider, or will keep and maintain public records required by the Department. If the Provider transfers all public records to the Department upon completion of the contract, the Provider shall destroy any duplicate public records that areexempt, or confidential and exempt, from public records disclosure requirements. If the Provider keeps and►maintains public records upon completion of the contract,the Provider shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Depart►raent. 10.2 The Alliance may unilaterally cancel this contract,notwithstanding any other provisions of this contract, for refusal by the Provider to comply with ATTACHMENT I of this contract by not allowing public access to all documents, papers,letters,or other material made or received by the Provider in conjunction with this contract,unless the records are exempt,or confidential and exempt,from s.24(a)of Article I of the State Constitution and s. 11 9X(I),RS. IFTHE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 4040 Esplanade Way Tallahassee, Florida 32399 850-414-2342 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in this contract, the Provider and subcontractors shall, at no cost to the Alliance,transfer all public records in their possession to the Alliancet and destroy any duplicate public records that are exempt,or confidential and exempt,from public records disclosure requirements. All records stored electronically shall be provided to the Alliance in a format that is compatible with the information technology systems of the Alliance. 11. Audits,Inspections,Investigations,Public Records and Retention 11.1. The Provider shall establish and maintain books,records and documents(including electronic storage media) sufficient to reflect all assets,obligations,unobligated balances,income, interest and expenditures of funds provided by the Alliance under this contract. The provider shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under this contract. Whenever appropriate, financial information should be related to perforinance and unit cost data. 11.2. The Provider shall retain all client records,financial records,supporting documents,statistical records,and any other documents(including electronic storage media)pertinent to this contract for a period of six(6)years after completion Page 4 of 72 4634 Contract Number AA2529 of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract,at no additional cost to the Alliance. 11.3. Upon demand, at no additional cost to the Alliance, the Provider will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 12.2. 11A. The Provider shall assure that the records described in this section shall be subject at all reasonable times to inspection, review,copying,or audit by Federal,State,or other personnel duly authorized by the Alliance. 1 L5. At all reasonable times for as long as records are maintained, persons duly authorized by the Alliance, DOEA and Federal auditors, pursuant to 45 CFR Part 75, shall be allowed full access to and the right to examine any of the Provider's contracts and related records and documents pertinent to this specific contract, regardless of the form in which kept. 11.6. The Provider shall provide a financial and compliance audit to the Alliance as specified in this contract and ensure that all related third-party transactions are disclosed to the auditor. 11.7. The Provider shall comply and cooperate immediately with any inspections,reviews,investigations,or audits deemed necessary by the office of the DOEA's Inspector General pursuant to s. 20.055,F.S. Provider further agrees that it shall include in related subcontracts a requirement that subcontractors and/or vendors performing work or providing services pursuant to this contract agree to cooperate with the Alliance or Inspector General in any investigation, audit,inspection,review,or hearing pursuant to s. 20.055(5), F.S. 12. Nondiscrimination-Civil Rights Compliance 12.1 The Provider shall execute assurances in ATTACHMENT VI that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age,race,religion,color,disability, national origin, marital status or sex in compliance with state and federal law and regulations. The Provider further assures that all contractors,subcontractors,vendors,sub-grantees,or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age,race,religion,color,disability,national origin,marital status or sex. 12.2 During the term of this contract,the Provider shall complete and retain on file a timely,complete and accurate Civil Rights Compliance Checklist attached to this contract. 123 The Provider shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures will include notifying clients,employees,and participants of the right to file a complaint with the appropriate federal or state entity. 12.4 If this contract contains federal funds,these assurances are a condition of continued receipt of or benefit from federal financial assistance,and are binding upon the Provider,its successors,transferees,and assignees for the period during which such assistance is provided. The Provider further assures that all subcontractors,vendors,or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes,regulations, guidelines, and standards. In the event of failure to comply, the Provider understands that the Alliance may, at its discretion,seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief,including but not limited to,termination of and denial of further assistance. 13® Monitoring by the Alliance for ►gin 13.1 'rhe Provider shall permit persons dul) authorized by the Alliance to inspect and copy any records,papers,documents, facilities, goods and services of the Provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Alliance of the satisfactory performance of the terms and conditions of this contract. Following such review, the Alliance will provide a written report of its findings to the Provider, and where appropriate, the Provider shall develop a Corrective Action Plan (CAP). The Provider hereby Page 5 of 72 4635 Contract Number AA^2529 agrees to correct all deficiencies identified in the CAP in u6mely manner as determined by the Contract K8enogcr. Failure m comply with the CAP shall subject the Provider m enforcement actions oadescribed in this Contract. 132 The Alliance will perform administrative, fiscal,and programmatic monitoring of the provider to ensure contractual compliance, fiscal accountability,programmatic performance,and compliance with applicable state and 8dum| laws and regulations. The Provider will supply progress nrpnrts, including data reporting requirements os specified by the Alliance wrthe Department to be used for monitoring progress or performance of the contractual services. Examples of review criteria on: surplus/deficit reports, independent oodita, im,emui unntvm}+, reimbursement regueam, subcontractor monitoring,targeting,program eligibility,outcome measures,service provision to clients,data integrity, client satisfaction,and client file reviews. 13.3 Service Cost Reports(SCR)—The Provider shall submit a SCR mthe Alliance annually,but nw later than ninety(9O) calendar days after the Provider Fiscal Year ends. The SCR shall reflect the actual costs ofproviding each service hy program for the preceding contract year. Costs associated with services provided under this contract shall only include allowable direct and indirect costs as defined by applicable state law.Failure to submit an accurate SCR no later than ninety(9O)calendar days after the Provider Fiscal Year End may result in withholding invoice payment.l[the Provider desires tnrenegotiate its reimbursement rates, the Provider shall make o request inwriting to the Alliance, with the inclusion of Unit Cost Methodology, in accordance with the AUiomuu`m approved Reimbursement Rate Review Policy,which is incorporated byreference. 14. Provision of Services The Provider shall provide the services referred to in ATTACHMENT VI I in the manner described in the Handbook and the procurement documents leading tn this contract. (nthe event wfo conflict between the Service Provider Application and this contract,the contract language prevails. 15- Coordinated Monitoring with Other Agencies If the Provider receives direct,or pass through funding from one nrmore other State nr Florida human service agencies, in addition m the Department n[Elder Affairs funding passed through the Alliance, itis expected that the provider cooperates with all monitors, inspectors,and/or investigators should a state agency joint inquiry or investigation begin. 16. Indemnification The Provider shall indemnify,save,defend,and hold harmless the Department and the Alliance and its agents and employees from any and all claims,demands, actions,causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the Provider ia not required tn indemnify the Alliance for claims,demands,actions or causes of action arising solely out of the /kUiwoce`aoeg|iguoc*. 17- Insurance and Bonding 17.1 Provider must provide continuous adequate liability insurance and worker's compensation insurance coverage,during the existence of this contract, and during any renewal(s)or extension(s) of it. The Alliance shall be included oson additional insured nnthe provider's liability insurance policy mr policies and a copy nf the Certificate wfInsurance shall be provided annually or when any changes occur. The Provider accepts Mu|| responsibility for identifying and determining the typc(s)and extent ofliability insurance necessary toprovide rcnaonn6|e financial protections for the Provider and the clients to be served under this contract. Upon execution nf this Contract,the Provider shall furnish the Alliance written verification supporting both thcdetenniumuimn and existence n[such insurance coverage. The limits of coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations under this contract. The Provider shall ensure that the Alliance has the most current written verification u[insurance coverage throughout the term of this contract.Such coverage may 6e provided byuself-insurance program established and operating under the laws w[the State o[Florida, The Department and the Alliance reserve the right ,orequire additional insurance us specified hy this contract. 17.2 Throughout the term of this agreement,the Provider shall maintain on insurance bond from oresponsible commercial insurance company covering all oMioers, directors,employees and agents ofthe Provider authorized tn handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount Page 6of72 4636 Contract Number AA2529 commensurate with the funds handled,the degree of risk as determined by the insurance company and consistent with good business practices. 18. Confidentiality of Information The Provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 19. Health Insurance Portability and Accountability Act Where applicable,the Provider shall comply with the Health Insurance Portability and Accountability Act(42 USC 1320d.), as well as all regulations promulgated thereunder(45 CFR 160, 162,and 164). 20. Incident Reporting 211 The Provider shall notify the Alliance immediately but no later than forty-eight (48) hours from the Provider's awareness or discovery of conditions that may materially affect the Provider's,subcontractor's or vendor's ability to perform the services required to be performed under any contract. Such notice shall be made orally to the Contract Manager(by telephone)with an email to immediately follow. 22.2 The Provider shall immediately report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800- .96ABUSE). As required by Chapters 39 and 415, F.S.,this provision is binding upon the Provider, subcontractors, vendors,and their employees. 21. Bankruptcy Notification If,at any time during the to of this contract,the Provider,its assignees,subcontractors,vendors or affiliates files a claim for bankruptcy,the Provider must immediately notify the Alliance. Within ten(10)days after notification,the Provider must also provide the following information to the Alliance:(1)the date of filing of the bankruptcy petition;(2)the case number; (3)the court name and the division in which the petition was filed(e.g.,Northern District of Florida,Tallahassee Division); and,(4)the name,address,and telephone number of the bankruptcy attorney. 22. Sponsorship and Publicity 22.1 As required by s.286.25,F.S.,if the Provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this contract,it shall,in publicizing,advertising, or describing the sponsorship of the program, state: "Sponsored by (Monroe County Board of County Commissioners, Social Services/In-Home Services,), the State of Florida Department of Elder Affairs and the Alliance for Aging,Inc." If the sponsorship reference is in written material,the words"State of Florida,Department of Elder Affairs"and"Alliance for Aging,Inc."shall appear in at least the same size letters or type as the name of the organization. 22.2 The Provider shall not use the words"The State of Florida Department of Elder Affairs"or"Alliance for Aging,Inc." to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by the Alliance prior to use. 23. Assignments 23.1 The Provider shall not assign the rights and responsibilities under this contract without the prior written approval of the Alliance,which shall not be unreasonably withheld. Any sublicense,assignment,or transfer otherwise occurring without prior written approval of the Alliance will constitute a material breach of the contract. 23.2 This contract shall remain binding upon the successors in interest of either the Provider or the Alliance. 24. Subcontracts Page 7 of 72 4637 Contract Number AA2529 24.1 The Provider is responsible for all work performed and for all commodities produced pursuant to this contract,whether actually furnished by the Provider or its subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Alliance deems necessary.The Provider further agrees that the Alliance will not be liable to the subcontractor in any way or for any reason. The Provider, at its expense, shall defend the Alliance against any such claims. 24.2 The Provider shall promptly pay any subcontractors upon receipt of payment from the Alliance or other state agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, Fla. Stat., unless otherwise stated in this contract between the Provider and subcontractor,will result in a penalty as provided by statute. 24.3 The Provider shall programmatically monitor, at least once per year, each of its Subrecipients. The Provider shall perform programmatic monitoring to ensure contractual compliance,and programmatic performance and compliance with applicable state and federal laws and regulations. The Provider shall monitor to ensure that time schedules are met;the budget and scope of work are accomplished within the specified time periods,and other performance goals. The Provider shall also perform fiscal and administrative monitoring for all subrecipients to ensure fiscal accountability. 24.4 The Provider shall award subcontracts in a manner that offers maximum free and open competition.Such subcontract awards must conform with the Alliance's procurement policy and be performed at a minimum of every six years. 24.5 The Provider shall dedicate the staff necessary to meet the obligations of this contract and ensure that subcontractors dedicate adequate staff,accordingly.The provider shall ensure that the staff responsible for performing any duties or functions within this contract has the qualifications as specified in the Department's Programs and Services Handbook. 25. Service Cost Reports(SCR) The Provider shall submit a SCR to the Alliance annually, but no later than ninety (90) calendar days after the Provider Fiscal Year ends. The SCR shall reflect the actual costs of providing each service by program for the preceding contract year. Costs associated with services provided under this contract shall only include allowable direct and indirect costs as defined by applicable state law. If the Provider desires to renegotiate its reimbursement rates, the Provider shall make a request in writing to the Alliance,in accordance with the Section IIA.G. 26. Funding Obligations: 26.1 The Alliance for Aging, Inc. acknowledges its obligation to pay the Provider for the performance of the Provider's duties and responsibilities set forth in this Contract. 26.2 The Alliance shall not be liable to the Provider for costs incurred or performance rendered unless such costs and performances are strictly in accordance with the terms of this contract, including but not limited to terms governing the Provider's promised performance and unit rates and/or reimbursement capitations specified. 26.3 The Alliance shall not be liable to the Provider for any expenditures which are not allowable costs as defined in 2 CFR Part 200 and 45 CFR Part 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules. 26.4 The Alliance shall not be liable to the Provider for expenditures made in violation of regulations promulgated under the Older Americans 27. Independent Capacity of Provider It is the intent and understanding of the Parties that the Provider,or any of its subcontractors and/or vendors,are independent contractors and are not employees of the Alliance and shall not hold themselves out as employees or agents of the Alliance without specific authorization from the Alliance. It is the further intent and understanding of the Parties that the Alliance does not control the employment practices of the Provider and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Provider or its subcontractors and/or vendors. All deductions for social security, withholding taxes, income taxes,contributions to unemployment compensation funds and all necessary insurance for the Provider shall be the sole responsibility of the Provider. Page 8 of 72 4638 Cm8nact}4umber AA2529 28. Payment 28.1. Payments shall 6e made k/the Provider es services are rendered and invoiced bythe Provider. The Alliance will have final approval ofthe invoice for payment and will approve the invoice for payment only if the Provider has met all 1ennaond conditions ofthe contract, unless the bid specifications,purchase order,or this contract specify otherwise. The approved invoice will bo submitted No the/&Oiance`m fiscal department for budgetary approval and processing per ATTACHM4ENTV1Il. 20.2 The Provider shall maintain documentation to support payment requests which shall be available to the Department of Financial Services, the Department,or the Alliance upon request. Invoices must be submitted in sufficient detail for a proper pre audit and post audit thereof. The Provider shall comply with all state and federal laws governing payments tobc made under this contract including,but not limited t*the following:su.2|6.\0|(|6)(o)&(b),3\5422, P|o. Sng, and the Invoice Requirements of the Reference Guide for State Expenditures from the Department of Financial Services at 28.3 The Provider shall maintain detailed documentation to support each item on the itemized invoice or payment request for cost reimbursed expenses,fixed rate nrdeliverables, for this contract, including paid subcontractor invoices,and will be produced upon request by the Alliance.The Provider shall only request reimbursement for allowable expenses as defined in the |mva and guiding circulars cited in this Contract seu6nu 6, in the Reference Guide for State Expenditures,and any other laws mr regulations,msapplicable. 28.4 The Provider and subcontractors shall provide units of deliverables,including reports,fiodin&m.and drafts asspecified in this contract kobe received and accepted 6y the Alliance prior tnpayment. 29. Return of Funds The Provider will return tothe Alliance any overpayments due to unearned funds orfunds disallowed and any interest attributable to such funds pursuant to the terms and conditions cy this contract that were disbursed to the Provider by the Alliance. In the event that the Provider or its independent auditor discovers that an overpayment has been made,the Provider shall repay said overpayment immediately without prior notification from the Alliance. In the event that the Alliance first discovers mn overpayment has been made,the Contract Manager,on behalf ofthe Alliance,will notify the Provider nfsuch findings.The Alliance may deduct the overpayment from the invoice most recently submitted but net yet paid,even if from n different program or contract year. Should repayment not 6e made forthwith,the Provider will be charged at the lawful mate m[interest on the outstanding balance pursuant tos. 55.O3,F.S.,after Alliance notification or Provider discovery. 30. Data Integrity and Safeguarding Information The Provider and its subcontractors and/or vendors shall ensure an appropriate level of data security for the information the Provider ix collecting or using in the performance of this contract. An appropriate level o[security includes approving and tracking all Provider employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software shall be routinely backed upto ensure recovery from losses or outages o[the computer system.The security over the backed-up data is to be as stringent au the protection required ofthe primary systems. The Provider shall ensure all subcontractors and/or vendors maintain written procedures for computer system back-up and recovery.The Provider shall,prior to execution of this agreement,complete the Certification Regarding Data Integrity Compliance for Agreements, Grants, Loans, and Cooperative Agreements prior to the execution of this uommu.aa part nfATTACBK4£NTIV. 31' Social media and Personal Cell Phone use: 31.2 Social Media Defined.The term Social Media and/orpersonu! cellular communication includes,but is not limited to,social networking wrbahea,Nngu' podcasts,discuasion forums, RSS feeds,video sharing,SMS(including Direct Messages (0Ms), iMessogen, text messages, etc.); social networks like |natugmm, Ti&Tok. Bnmpchot, (}nug|e Hangouts, VYhatsApp, Signal, Fecebnwk, 9imtmn:yt` and Twitter; and content sharing networks such oo F|iukrmnd Page 9of72 4639 Contract Number AA2529 YouTube. This includes the transmission of social media through any cellular or online transmission via any electronic,internet,intranet,or other wireless communication. 31.3 Application to any direct or incidental DOEA or other state business.This contract applies to any DOEA or other state business conducted on any of the Provider's, Subcontractor's, or their employees' social media accounts or through personal cellular communication. 31.4 Application to DOEA and Providers Equipment. This contract applies regardless of whether the social media is accessed using DOEA's IT facilities and equipment or equipment belonging to Provider, Subcontractor, or their respective employees. Equipment includes,but is not limited to,personal computers,cellular phones,personal digital assistants,smart watches,or smart tablets. 31.5 Florida Government in the Sunshine,Florida Public Records Law,and HIPAA. Provider acknowledges that any DOEA or other state business conducted by social media or through personal cellular communication is subject to Florida's Government in the Sunshine Law,Florida's Public Records Law(Chapter 119,Florida Statutes), and the Health Insurance Portability and Accountability Act(HIPAA).Compliance with these laws and other applicable laws are further detailed in the contract. 31.6 Prohibited or Restricted Postings. Any social media posts which include photos,videos,or names of clients,volunteers,staff,or other affiliates of DOEA may only be posted when authorized by law and when any required HIPAA authorizations and any other consents or authorizations required pursuant to federal,or state law are on file with the Provider's records. 31.7 Assist DOEA with Communications.Contractors may be asked periodically to assist in distributing certain DOEA communications through their social media outlets. Any such requests should be posted in adherence to the social media requirements herein and the other provisions of this contract. 32. Conflict of Interest The Provider shall establish safeguards to prohibit employees,board members,management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee,officer,or agent of the Provider or subcontractor shall participate in selection,or in the award of an agreement supported by state or federal funds if a conflict of interest,real or apparent,would be involved. Such a conflict would arise when: (a) the employee, officer, or agent; (b) any member of his/her immediate family; (c) his or her partner-, or (d) an organization which employs,or is about to employ,any of the above,has a financial or other interest in the firm selected for award. The Provider or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Providers,potential Providers,or parties to subcontracts. Pursuant to Chapter 4, Section 2 of the Handbook,no Provider may employ, in any capacity,any member of its governing board or any family member of a person on the board or family member of its Executive Director. The Providers' board members and management must disclose to the Alliance any relationship which may be,or may be perceived to be,a conflict of interest within thirty(30)calendar days of an individual's original appointment or placement in that position,or if the individual is serving as an incumbent,within thirty (30)calendar days of the commencement of this contract. The Providers' employees and subcontractors must make the same disclosures described above to the Providers' Board of Directors.Compliance with this provision will be monitored. 33. Public Entity Crime Pursuant to s. 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Provider, supplier, sub-Provider, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017,F.S.,for Category Two for a period of 36 months following the date of being placed on the convicted vendor list. If the Provider or any of its Page 10 of 72 4640 Contract Number AA2529 officers or directors is convicted of a public entity crime during the period of this agreement,the Provider shall notify the Alliance immediately.Non-compliance with this statute shall constitute a breach of this agreement. 34. Purchasing, 34.1 The Provider shall procure products and/or services required to perform this contract in accordance with section 413.036, F.S. 34.1.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF,OR REQUIRED TO CARRY OUT,THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)AND(2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. 34.1.2 Pursuant to sections 413.036(1)and (4), F.S., the Provider shall not be required to procure a product or service from RESPECT if: (a)the product or service is not available within a reasonable delivery time,(b)the Provider is required by law to procure the product or service from any agency of the state,or(c)the Provider determines that the performance specifications,price,or quality of the product or service is not comparable to the Provide's requirements. 34.1.3 This act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the alliance or the Department in accordance with its rules. 34.1.4 Additional information about the designated nonprofit agency and the products it offers is available at lh 1,p://www.respectofflorida.aamg. 34.2 The Provider shall procure any recycled products or materials which are the subject of,or are required to carry out, this contract when the Department of Management Services determines that those products are available, in accordance with the provisions of section 403.7065,F.S. 34.3 The Provider shall procure products and/or services required to perform this contract in accordance with section 946.515,F.S. 343.1 IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2)AND(4),F.S.;AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. 34.3.2 The corporation identified is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Additional information about PRIDE and the commodities or contractual services it offers is available at 34.4 The Provider shall provide a Certified Minority Business Subcontractor Expenditure (CMBE) Report summarizing the participation of certified suppliers for the current reporting period and project to date. The CMBE Report shall include the names, addresses, and dollar amount of each certified participant, and a copy must be forwarded to the Department, Division of Financial Administration, and must accompany each invoice submitted to the Department. The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The Department's Minority Coordinator (850-414-2153) will assist with questions and answers. The CMBE Report is Page 11 of 72 4641 Contract Number AA2529 attached to this contract(ATTACHMENT(H). 35. Patents.CoDvrii!hts.Rovalties 35.1 If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed tinder this contract the Provider shall refer the discovery, invention or material to the Alliance to be referred to the Department. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 287.0571 (5)(k), as amended,the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in this contract. 35.2 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property,notwithstanding any agreement made pursuant to this section. 353 If this contract is awarded solely federal funding,the terms and conditions are governed by 2 CFR Part 200.3 15. 36. Emergency Preparedness and Continuity of Operations 36.1 The Provider shall,within thirty(30)calendar days of the execution of this contract,submit to the Contract Manager verification of an emergency preparedness plan, Continuity of Operations Plan. ("COOP"). In the event of an emergency, the Provider shall notify the Alliance of emergency provisions. The COOP must address continuity of services in weather and non-weather-related emergencies. 36.2 In the event a situation results in a cessation of services by a subcontractor and/or vendor, the Provider shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruptions. 36.3 Providers offering nutrition services must have an Alliance approved shelf stable menu with at least 3 days' worth of shelf stable meals with reserved funds set aside to purchase the food items in order to ensure continuity of services without interruptions in weather and no-weather related emergencies. 37. The PUR 1000 Form is hereby incorporated by reference and available at: as�p 1 0 Iff 1l,4 hqAoc/F7740 PUR ,00 j� ­­­'---——-------­­­------- In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contract or agreement terms or conditions the contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes,the terms or conditions contained in the P(IR 1000 Form shall take precedence. 38. Use of State Funds to Purchase or Improve Real Property No funds under this contract will be used by the Provider to purchase or improve Real Property. Any state funds provided for the purchase of or improvements to real property are contingent upon the Provider or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 39. Dispute Resolution Any dispute concerning the performance of this contract shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the Provider. 4 ® Financial Consequences If the Provider fails to meet the minimum level of service or performance identified in this contract,the Alliance shall impose financial consequences as stated in Attachment I. 41. No Waiver of Sovereign Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. Page 12 of 72 4642 Contract Number AA2529 42. Venue If any dispute arises out of this contract,the venue of such legal recourse will be Miami-Dade County,Florida. 43. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the Alliance or the Provider unless expressly contained herein or by a written amendment to this contract signed by both Parties. 44. Force Majeure The Parties will not be liable for any delays or failures in performance due to circumstances beyond their control,provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 5® Severability Clause The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 46. Condition Precedent to Contract: Appropriations The Parties agree that the Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 47. Addit ion[Deletion The Parties agree that notwithstanding the terms of the procurement documents and actions leading to this contract, the Alliance reserves the right to add or to delete any of the services required under this contract when deemed to be in the best interest of the elder population targeted by the Area Plan and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 48. Waiver The delay or failure by the Alliance to exercise or enforce any of its rights under this contract shall not constitute or be deemed a waiver of the Alliance's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 49. Compliance The Provider shall abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current state statutes, laws, rules and regulations, policies of the Alliance and the Department, and the terms of this contract. The Parties agree that failure of the Provider to abide by these laws,rules,regulations, policies,and terms of this contract shall be deemed an event of default of the Provider and subject the Provider to disciplinary action including corrective action, unannounced special monitoring,temporary assumption of the operation of one or more contractual services, placement of the Provider on probationary status, imposing a moratorium on Provider action, imposing financial penalties for nonperformance or noncompliance, or other administrative action to immediate, unilateral contract cancellation at the discretion of the Alliance. If the Alliance finds that the Provider fails to abide by all applicable current federal and state statutes, laws, rules and regulations, as well as conditions of this contract,the Alliance shall provide the Provider a Notice of Violation which shall include a concise statement of the specific violations of the Provider and the facts relied upon to establish the violation. Upon receipt of the Notice of Violation,the Provider shall have twenty-one(21)days to respond to the Notice of Violation. The Provider's response must include a statement of any disputed issues of material fact and a concise statement of the specific facts the Provider contends warrant reversal or deviation from the Alliance's proposed action, including an explanation of how the alleged facts relate to the specific rules,statutes,or contractual term. Failure of the Provider to respond to the Notice of Violation within twenty-one(21)days shall be deemed a waiver of the rights outlined above and the Alliance will proceed against the Provider by default. Page 13 of 72 4643 Contract Number AA2529 The Alliance,upon receiving a timely filed response to a Notice of Violation,will forward the response and all accompanying documentation to the Contract Manager to review and consider. The Contract Manager shall,within 30 days after the receipt of the Provider's response,file an order which lays out the final determination of disciplinary action by the Alliance. 50. Final Invoice The Provider shall submit the final invoice for payment to the Alliance as specified in section 3.4.7(date for final request for payment)of ATTACHMENT 1. If the Provider fails to submit final request for payment by the deadline,then all rights to payment may be forfeited and the Alliance may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto have been approved by the Alliance. 51® Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. 52.Suspension of Work: The Alliance may in its sole discretion suspend any or all activities under this contract and any contract or agreement incorporating in this contract, at any time, when in the best interests of the State to do so. The Alliance shall provide the Provider written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances.After receiving a suspension notice, the Provider shall comply with the notice and shall not accept any purchase orders.Within ninety days,or any longer period agreed to by the Provider,the Alliance shall either(I)issue a notice authorizing resumption of work,at which time activity shall resume, or (2) terminate the contract or purchase order. Suspension of work shall not entitle the Provider to any additional compensation. 53. Termination 53.1 Termination for Convenience. This contract may be terminated by either party without cause upon no less than thirty (30)calendar days' notice in writing tothe other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service with verification of delivery or any expedited delivery service that provides verification of delivery or by hand delivery to the Alliance Contract Manager or the representative of the Provider responsible for administration of the contract. The Provider shall not furnish any product after it receives notice of termination,except as necessary to complete the continued portion of the contract,if any.The Provider shall not be entitled to recover any cancellation charges or lost profits. See notes on email regarding this paragraph. 53.2 Termination for Cause.The Alliance may terminate this contract if the Provider fails to(I)deliver the product within the time specified in the contract or any extension,(2)maintain adequate progress,thus endangering performance of the contract, (3) honor any to of the contract, (4) abide by any statutory requirement, regulatory requirement, licensing requirement,or Department policy or in the event funds for payment become unavailable for this contract. The Alliance will be the final authority as to the availability and adequacy of funds. In the event of termination of this contract,the Provider will be compensated for any work satisfactorily completed prior to the date of termination. Rule 60A- 1.006(3),F.A.C.,governs the procedure and consequences of default.The Provider shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Provider shall not be liable for any excess costs if the failure to perform the contract arises from events completely beyond the control, and without the fault or negligence,of the Provider.If the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both the Provider and the subcontractor, and without the fault or negligence of either,the Provider shall not be liable for any excess costs for failure to perform,unless the subcontracted products or services were obtainable from other sources in sufficient time for the Provider to meet the required delivery schedule.If,after termination,it is determined that the Provider was not in default,or that the default was excusable,the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of the Alliance.The rights and remedies of the Alliance in this clause are in addition to any other rights and remedies provided by law or tinder the contract. 53.3 Upon expiration or termination of this contract,the Provider and subcontractors shall transfer all public records in its possession to the Alliance and destroy any duplicate public records that are exempt or confidential and exempt from public records, disclosure requirements at no cost to the Alliance. All electronically stored records shall be Page 14 of 72 4644 Contract Number AA2529 provided to the Alliance in a format that is compatible with the Alliance's information technology system(s). 54.Successors This contract shall remain binding upon the successors in the interest of either the Alliance or the Provider, subject to the assignment provisions in Section 22 above. 55. Electronic Records and Signature 55.1 The Alliance authorizes,but does not require,the Provider to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this contract. A Provider that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act,s.668.50, F.S..All electronic records must be fully auditable;are subject to Florida's Public Records Law, Ch. 119, F.S.; must comply with Section 29, Data Integrity and Safeguarding Information;must maintain all confidentiality,as applicable;and must be retained and maintained by the Provider to the same extent as non-electronic records are retained and maintained as required by this contract. 55.2 The Alliance's authorization pursuant to this section does not authorize electronic transactions between the Provider and the Alliance. The Provider is authorized to conduct electronic transactions with the Alliance only upon further written consent by the Alliance. 55.3 Upon request by the Alliance, the Provider shall provide the Alliance or Department with non-electronic (paper) copies of records. Non-electronic (paper) copies provided to the Alliance of any document that was originally in electronic form with an electronic signature must indicate the person and the person's capacity who electronically signed the document on any non-electronic copy of the document. 56. Special Provisions: The Provider agrees to the following provisions: 56.1 Investigation of Criminal Allegations: Any report that implies criminal intent on the part of the Provider or any subcontractors and/or vendors and was referred to a governmental or investigatory agency must be sent to the Alliance. If the Provider has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's office, or other governmental agency, the Provider shall notify the Alliance immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the Provider, its subcontractors,or vendors,must be sent to the Alliance's contract manager with a summary of the investigation and allegations. 56.2 Volunteers: The Provider shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Provider shall work in coordination with organizations that have experience in providing training,placement,and stipends for volunteers or participants(such as organizations carrying out federal service programs administered by the Corporation for National and Community Service), in community service settings. 56.3 Enforcement: 56.3.1 In accordance with s.430.04,F.S.,the Alliance may,without taking any intermediate measures available to it against this contract rescind this contract if the Alliance finds that: 56.3.2 An intentional or negligent act of the Provider has materially affected the health, welfare,or safety of clients served pursuant to any contract or agreement,or substantially and negatively affected the operation of services covered under any contract or agreement; 56.3.3 The Provider lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; Page 15 of 72 4645 Contract Number AA2529 56.3.4 The Provider has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the Alliance, or the Provider has committed or repeated violations of Alliance standards; 56.3.5 The Provider has failed to continue the provision or expansion of services after the declaration of a state of emergency;and/or 56.3.6 The Provider has failed to adhere to the terms of any contract or agreement incorporating in this Contract. 56.3.7 In the alternative, the Alliance may, at its sole discretion, in accordance with section 430.04, F.S., take immediate measures against the Provider, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Provider on probationary status, imposing a moratorium on Provider action, imposing financial penalties for nonperformance,or other administrative action pursuant to Chapter 120, F.S. 56.4 In making any determination under this provision the Alliance may rely upon the findings of another state or federal agency,or other regulatory body. Any claims for damages for breach of any contract or agreement are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Miami-Dade County. 56.5 Use of Service Dollars: The Provider will optimize the use of contract funds by serving the maximum possible number of individuals with the services allowed by this contract.The Provider will spend all funds provided by this contract to provide such services. 56.6 Surplus/Deficit Report The Provider will submit a consolidated surplus/deficit report in a format provided by the Alliance to the Alliance's Contract Manager in conjunction with the required monthly billing submission.This report is for this contract between the Provider and the Alliance.The report will include the following: 56.6.1 The Provider's detailed plan on how the surplus or deficit spending exceeding the 1%threshold will be resolved; 56.6.2 Number of clients currently on the APCL,that receive a priority ranking score of four(4)or five(5); 56.6.3 Number of clients currently on the APCL designated as Imminent Risk. 56.6.4 Number of clients served and Aging and Disability Resource Center("ADRC")client contacts, In accordance with its surplus/deficit management policies, in order to maximize available funding and minimize the time that potential clients must wait for services, the Alliance in its sole discretion can reduce funding awards if the Provider is not spending according to monthly plans and is projected to incur a surplus at the end of the year 56.7 Training: The Provider will attend all required trainings and meetings schedule by the Alliance. 57.Contract Manager The Alliance may substitute any Alliance employee to serve as the Contract Manager. 58.Official Payee and Representatives(Name,Address,and Telephone Numbers) The name,address,and telephone number of the representative for the Alliance for this contract is: Max B. Rothman,JD, LL.M. President and CEO 760 NW 107th Ave,Suite 214 Miami, Florida 33172 (305)670-6500, Ext.224 Page 16 of 72 4646 Contract Number AA2529 The name,address,and telephone number of the representative of the Provider responsible for administration of the program under this contract is: Monroe.County,Board of County_Commissioners, `file Provider(native,as shown on page 1 of this Social Services/ln-Home Services A contract,and mailing:address of the official payee 1100 Simonton Street,20 Floor to iahoin the payment shall be made is: Key West,FL 33040 305.-292-4510 Monroe County Board of County Commissioners, Tile name of the contact person of Lire Provider and Social ServicesAn-Horne Services B street address where financial and administrative 1100 Simonton Street,20 Floor records are maintained is Key West,FL 33040 - 305-292-4510 Sheryl Graham The name,address;and telephone number of the Monroe County Board of County Conimissioners, c Social ServicesAn-Horne Services representative of the Provider responsible For 1100 Simonton Street,2nd.Floor administration of the program tinder this contract is: Key West;FL,33040 305-292-4510 Alliance for Aging,Inc: The section and location within the AAA where Fiscal Department d Requests for Payment and Receipt and Expenditure X0.NW I07th Avenue;Suite 21.4 forms are to he mailed.is: Miami,Florida 33172-3 t 55 305-670.6500 Contract Monitor e The naive,address;and telephone number.of the Alliance for Aging,Inc. Contract Manager for the AAA forthis contract is: 760 NW 107tli Avenue,Suite 214 Miami,Florida 33 t 72 3.155 305-670-6500 Upon change of representatives(names;addresses,telephone numbers)by either party,notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 59.All Terms and Conditions Included This contract and its Attachments and any exhibits referenced in said attachments,together with any documents incorporated by reference, contain all the tennis and conditions agreed upon by the .parties. There are no provisions; tennis; conditions, or obligations other than those contained therein;and.this contract shall st)persede all previous communications,representations or agreements,either written or verbal between the Parties: By signing this contract,the Parties agree that they have read.and agree to the entire contract. - IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. Mt:NROE COUNTY BOARD OF COUNTY COMMISSIONERS;SOCIA l SERVICES IN-HOME SERVICES ALLIANCE FOR AGING,INC. SIGNED BY: Digitally signed SiGNED BY: Max 0 Rothman(t6n 6,2025 74-#7 EST r•� �„�„ ' ChrMin by Christine X rn NAME: Hurley NAME: MAX B.ROTHMAN,JD,LL.M: Date:2025.01.02 TITLE: H u rley TITLE: PRESIDENT Alt F0-` ry 0959:58-05'00' � � P DATE: DATE: J� rt ,2027 } x A nov-d as to legm rnrni.•,ufl'ic,ency Page 17 of 72 r s r Board of County Commissioners cst �M.�twis �Att�St Kevtrt.Madok, Jerk Avaaant c,runty nttort ey f Monroe County, FI ride r 2„ n __. �° Mayor Ja a oil =A� pu`ty Clerk 4647 Contract Number AA2529 INDEX TO CONTRACT ATTACHMENTS AT'I'ACI]MENT ATTA01MEN'r DESCRIPTION ATTACI I MENT I STATEMENT OF WORK ATTACHMENT 19 FINANCIAL COMPLIANCE AUDIT ATTACHMENT ATTACI-MENT191 CERTIFICATIONS AND ASSURANCES ATTACHMENT VI ASSURANCES—NON-CONSTRUCT90N PROGRAMS ............ ATTACFIMENT VII BUDGET SUMMARY BY SERVICE AND TITLE ........... ATTACHMENT V119 INVOICE REPORT SCFIEDULE ATTACHMENT IX REQUEST FOR PAYMENT ....................................... ATTACI INTENT X, RECEIPTS AND EXPENDITURES, FOR ALL OAA TITLES EXHIBIT I ATTACI IMENT X, RECEIPTS AND EXPENDITURES, FOR NS9P EXHIBIT 2 ....................................................................... ATTACFIMENTX, PROVIDER MONTHLY MEALS REPORT,FOR NS9P EXHIBIT 3 ATTACFIMENTB DEPARTMENT OF ELDER AFFAIRS' CIVIL RIGHTS COMPLIANCE CFIECKLIST AND INSTRUCTIONS ATTACHMENT D BACKGROUND SCREENING—AFFIDAVIT OF COMPLIANCE ATTACHMENT F DATA PRIVACY&SECURITY BUSINESS ASSOCIATE AGREEMENT ATTACHMENT ADRC POLICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS ATTACFIMENT 1-9 CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENSE REPORT (CMBE) Page 18 of 72 4648 Contract Number AA2529 ATTACHMENT I ALLIANCE FOR AGING, INC. STATEMENT OF WORK OLDER AMERICANS ACT SECTION 1: SERVICES TO BE PROVIDED A. ALLIANCE FOR AGING,INC. MISSION STATEMENT The Alliance mission is to promote and advocate for the optimal quality of life for older adults and their families. B. DEFINITION OF TERMS Area Plan: A plan developed by the Area Agency on Aging outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306(42 U.S.C. 3026)of the Older Americans Act and DOEA instructions. Area Plan Update: A revision to the area plan wherein the Alliance enters OAA specific data in the CIRTs. An update may also include other revisions to the area plan as instructed by the OEA. Child: An individual who is not more than 18 years of age or an individual with disability. Criteria® A standard which the Administration on Aging/Administration for Community Living set for the Title IIID Program. AoA/ACL's standard criterion consists oft ree tiers: Minimal Criteria, Intermediate Criteria,and Highest-Level Criteria. Family Caregiver: An adult family member,or another individual, who is an informal provider of in-home and community care to an older individual. Frail: When an older individual is unable to perform at least two activities of daily living("ADL")without substantial human assistance,including verbal reminding,physical cueing or supervision;or due to cognitive or other mental impairment,requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. Grandparent: A grandparent or step-grandparent of a child,or a relative of a child by blood,marriage or adoption and who lives with the child-, is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child;and has a legal relationship to the child,such as legal custody or guardianship, or is raising the child informally. Living Healthy: Also known as CDSMP for the State of Florida. C. GENERAL DESCRIPTION 1® General Statement The primary purpose of the OAA Program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals. These systems assist older individuals to attain and maintain maximum independence with supportive services. The NSIP provides incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and/or the quality of meals served. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served under the OAA. Florida has opted for cash payments in lieu of donated foods. 2® Authority All applicable federal laws, regulations, action transmittals, prograrn instructions, review guides and similar documentation related to the following: a. Catalog of Federal Domestic Assistance No. 93.043, 93.044,93.045,93.052, and 93.053; Page 19 of 72 4649 Contract Number AA2529 b. Older Americans Act of 1965,as amended 2016; c. 42 U.S.C. §303,42 U.S.C. §604; d. Rule 58A-1, Florida Administrative Code (FAC); e. Section 430.101, Florida Statutes(F.S.); and f. DOEA Programs and Services Handbook, .l.igp,//'www.,alriariceforai?ini 3. Scope of Service The Provider is responsible for coordinating and assessing the needs of older persons and assuring the availability of quality services. The services shall be provided in a manner consistent with and described in the Providers Service Provider Application (SPA) as submitted with the 2024 OAA RFP, and any revisions thereto approved by the AAA, and the current DOEA Programs and Services Handbook and all subsequent amendments and revisions to the Handbook, which are hereby incorporated by reference. In the event of conflict between the SPA and the Handbook, the Handbook prevails. The Provider is responsible for adherence to the Area Plan and any amendments to the Area Plan. 4. Major Program Goals The major goals of the OAA program are to improve older individual's quality of life,preserve their independence,and prevent or delay their need for costlier institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives and effective delivery of nutritious meals that meet the diverse needs of elders and their caregivers. 5® Leadership and Advocacy As a designated Focal Point, a provider is encouraged to provide coordination of services for older individuals. The Provider must also provide community leadership on aging issues and serve as the advocate and focal point for the elderly within the community in cooperation with agencies, organizations and individuals participating in activities funded by the Alliance. Advocacy should include initiating positive changes in public or private policies and attitudes towards older persons,taking action to improve,modify,or eliminate situations which adversely impact on lives of older persons,or expressing support for older persons and their interests. Advocacy activities may be broadly supportive of the general interests of older persons or may involve specific activities on behalf of individuals. D. CLIENTS TO BE SERVED I. General Description Preference shall be given to those with the greatest economic and social needs, with particular attention to low-income older individuals,including those that are low-income minorities,have limited English proficiency,and older individuals residing in rural areas. 2. OAA'rule 111,General Client Eligibility Consumers shall not be dually enrolled in an OAA program,and a Medicaid capitated long-tenn care program, with the exception of consumers in need of OAA Legal Assistance services and OAA Congregate Nutrition Services, including transportation services to and from congregate meal sites. 2.1 OAA Title 11113, Supportive Services,Client Eligibility a. Individuals age 60 or older 2.2 OAA Title I I IC I,Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1, Paragraph 1.4.1.3 individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: a. Individuals age 60 or older;and b. Any spouse(regardless of age)who attends the dining center with his/her eligible spouse-, Page 20 of 72 4650 Contract Number AA2529 c. Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; d. Disabled persons who reside at home with and accompany an eligible person to the dining center;and e. Volunteers,regardless of age,who provide essential services on a regular basis during meal hours. 2.3 OAA Title IIIC2,Home Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT 1, Paragraph 1.4.1.3, individuals must be homebound and physically, mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home delivered meals include the following: a. Individuals aged 60 or older who are incapacitated or unable to attend a congregate nutrition site due to illness,disability, isolation,or caring for a loved one who is ill at home; b. Individuals aged 60 or older who are unable to attend a congregate nutrition site due to teeth and mouth issues which makes it difficult to eat in public; c. A home delivered meals recipient's spouse,regardless of age,if the provision of the collateral meal supports maintaining the person at home; d. Individuals with disabilities,regardless of age,who reside at home with home delivered meals recipients and are dependent on them for care; e. Persons at nutritional risk who have physical,emotional,or behavioral conditions,which would make their presence at the congregate site inappropriate; f. Persons at nutritional risk who are socially or otherwise isolated, including those who are self-isolating at home due to potential health risks,and unable to attend a congregate nutrition site;or g. Individuals age 60 or older who are unable to prepare meals due to a lack of or inadequacy of facilities,an inability to shop,cook,or prepare meals safely,or a lack of appropriate knowledge or skill. 2.4 OAA Titles IIIC I and IIIC2,Nutrition Services,Client Edibility General factors that should be considered in establishing priority for nutrition services include those older persons who meet the following: a. Cannot afford to eat adequately; b. Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; c. Have limited mobility which may impair their capacity to shop and cook for themselves;or d. Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. 2.5 OAA Title HID, Disease Prevention and Health Promotion Services a. Target individuals aged sixty (60)or older; and b. Priority will be given to individuals residing in medically underserved areas. 2.6 OAA Title IIIE,Caregiver Support Services,Client Eligibility a. Family caregivers of individuals aged 60 or older; b. Grandparents(age 55 or older)or older individuals(age 55 or older)who are relative caregivers,- c. Priority will be given to family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and for grandparents or older individuals who are relative caregivers who provide care for children with severe disabilities;and d. For respite and supplemental services,a family caregiver must be providing care for an older individual who meets the definition of the to "frail"in OAA,as per ATTACHMENT 1,Section 1.2. 2.7 NSIP Meals served to an elderly individual, funded in whole or in part Linder Statewide Medicaid Managed Care Long-Term Care, Home Care for the Elderly, Community Care for the Elderly Programs, or other means tested programs may not be included in the NSIP count.OAA-funded congregate meals provided to SMMC LTC clients may be included in the NSIP count. Page 21 of 72 4651 Contract Number AA2529 SECTION 11—MANNER OF SERVICE PROVISION A. Service Tasks To achieve the goals of the OAA program,the Provider shall ensure the following tasks: 1. Client Eligibility Determination The Provider shall ensure that applicant data is evaluated annually to determine eligibility prior to rendering services. Eligibility to become a client is based on meeting the requirements described in this contract. 2. Targeting and Screening of Service Delivery for New Clients: The Provider shall develop and implement policies and procedures consistent with OAA targeting and screening criteria. 3. Program Services: The Provider shall ensure the provision of a continuum of services that meets the diverse needs of elders and their caregivers. The Provider shall ensure the performance and report performance of the following services are in accordance with the current Handbook. 4. Program Eligibility Requirements 4.1 Eligibility Criteria Entities must meet the following criteria to be eligible for program participation: 4.1.1 An agency that has received a grant under OAA Title III [OAA section 311(42 U.S.C. § 3030a)]. and 4.1.2 A nutrition service provider that serves meals and is under the jurisdiction,control,management and audit authority of the Area Agency on Aging and the Department. 4,2 Provider's Nutrition Service Operations The Provider shall ensure the nutrition service operations of the Provider meet the requirements of this contract, as well as any other applicable regulations and policies prescribed by the current Handbook, the Department of Health and Human Services, USDA, DOH and local health departments, DBPR,or any other agency designated to inspect meal quality for the State. The Provider must run the DBPR report monthly and agree to notify the Alliance of any sanitation inspections, especially those that include high priority violations and provide a copy of the report to the Alliance within 24 hours. Closures must be reported immediately. All subcontracted food service vendors must provide a written corrective action plan to the Nutrition Provider for any high priority or significant findings on sanitation inspections.The CAPS must be approved by the Provider's registered dietician and submitted to the Alliance to ensure that deficiencies are remedied. 4.3 Prescribed Nutritional Requirements The Provider shall ensure that each meal provided under this contract meets the following criteria: 4.3.I Complies with the current Dietary Guidelines for Americans, published by the Secretaries of the Department of Health and Human Services and the Department of Agriculture; 4.3.2 Provides a minimum of 33 113 percent of the dietary reference intakes/adequate intakes for an age 70+female as established by the Food and Nutrition Board of the National Academy of Sciences;and 4.33 Is served from and approved Alliance menu. 4.3.4 Food Origin and Commodities Requirements 4.3.5 Consistent with existing requirements of the NSIP, the Provider and its service providers may use NSIP cash to purchase foods of U.S- origin for their nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. 5. Monitoring the performance of its subcontractors and/or vendors 6. Comply with the Alliance's Nutrition policies and procedures Page 22 of 72 4652 Contract Number AA2529 B. Staffing Requirements 1. Staffing Levels The Provider shall assign its own administrative and support staff as needed to perform the tasks, responsibilities and duties Linder this contract and ensure that subcontractors and/or vendors dedicate adequate staff accordingly. 2. Professional Qualifications The Provider shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the Handbook. 3. Service Times The Provider shall ensure the provision of services listed in this contract during normal business hours unless other firnes are more appropriate that meet the performance requirements of this contract, and it shall monitor its subcontractors and/or vendors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. ® Use of Volunteers to Expand the Provision of Available Services The Provider shall make use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Provider shall work in coordination with organizations that have experience in providing training,placement,and stipends for volunteers or participants(such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service),in community service settings. 5® Use of Subcontractors and/or Vendors If this contract involves the use of a Subcontractor or third party,then the Provider shall not delay the implementation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay of a period of 60 days or more the initiation of the subcontract or the performance of the Subcontractor,the Provider shall notify the Alliance's Contract Manager in writing of such delay.The Provider shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. In accordance with Section 23 of this Contract,the Alliance will not be responsible or liable for any obligations or claims resulting from such action. 5.1. Copies of Subcontracts: The Provider shall submit a copy of all subcontracts to the Alliance Contract Manager within thirty(30)days of the subcontract being executed. 5.2. Monitoring the Performance of Subcontractors: The Provider shall programmatically monitor,at least once per year,each of its Subrecipients. The Provider shall perform programmatic monitoring to ensure contractual compliance, and programmatic performance and compliance with applicable state and federal laws and regulations. The Provider shall monitor to ensure that time schedules are met; the budget and scope of work are accomplished within the specified time periods, and other performance goals. The Provider shall also perform fiscal and administrative monitoring for all subcontractors to ensure fiscal accountability. 5.3. Copies of Subcontractor Monitoring Reports The Provider shall forward a copy of all subcontractor monitoring reports to the Alliances'Contract Manager within thirty(30)days of the report being issued to the Subcontractors, SUbrecipients,Vendors,and/or Consultants. C. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. The Provider must submit all required documentation in the time and manner specified for the minimum performance levels to be met. Each deliverable must be accepted in writing by the Alliance Contract Manager based on the requirements for each deliverable before the Provider submits an invoice requesting payment. Page 23 of 72 4653 Contract Number AA2529 The Provider shall ensure the provision of a continuum of services that meets the diverse needs of elders and their caregivers. The Provider shall ensure the performance and reporting of the following services in accordance with the current DOEA Handbook,and this contract. Documentation of service delivery must include a report consisting of the following: unduplicated number of clients served,number of service units provided by service,and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Supportive Services(IIIB Program) Supportive services include a variety of community-based and home-delivered services that support the quality of life for older individuals by helping them remain independent and productive. Services include the following: (1) Adult Day Care (10)Housing Improvement/Material Aid (2) Chore Services (11)Legal Assistance (3) Companionship (12)Personal Care (4) Counseling(Gerontological) (13) Recreation (5) Counseling(Mental Health) (14)Screening and Assessment (6) Emergency Alert Response (I 5)'I'echnoiogy (7) Education/Training (16)Transportation (8) Escort (17)Specialized Medical Equipment, Svs,and Supplies (9) Homemaker (10) Medical Equipment,Services,and Supplies b. Congregate Nutrition Services(HICI Program) Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well-being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Congregate Meals (2) Emergency Shelf Stable Meals (2) Congregate Meals Screening (3) Nutrition Education (4) Nutrition Counseling c. Home Delivered Nutrition Services( 1IC2 Program) In-home nutrition services are provided to reduce hunger and food insecurity;promote socialization and the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include the following: (1) Home delivered meals(Frozen or Hot) (2) Emergency Shelf Stable Meals (3) Screening&Assessment (4) Nutrition education (5) Nutrition Counseling d. Disease Prevention and Health promotion Services( HD Program) Evidence-Based Disease Prevention and Health Promotion("EBDPHP")services have been demonstrated through evaluation to be effective for improving the health, wellbeing or reducing disease, disability and/or injury among older adults, and proven effective with older adult populations. The ACL defines EBDPHP services as meeting highest-level criteria. Only services that meet the highest-level criteria are allowed under the IIID Program. EBDPHP services must be delivered per the requirements of the program and ensure program fidelity. Evidence based programs include the following: (1) A Matter of Balance (6) Arthritis Foundation Tai Chi (2) Chronic Disease Self-Management (7) Walk with Ease (3) Diabetes Self-Management Program (8) Savvy Caregiver (4) Enhanced Fitness (5) Bingosize Page 24 of 72 4654 Contract Number AA2529 e. Caregiver Support Services(III E Program) The following services are intended to provide direct help to caregivers,assist in the areas of health,nutrition and financial literacy and assist caregivers in making decisions and problem solving related to their caregiving roles and responsibilities: (1) Adult Day Care (2) Caregiver Training/Support(individual&Group) (3) Respite Services(Home& Facility) (4) Screen ing/Assessment f. Caregiver Support Supplemental Services(IIIES Program) The following services are provided to complement the care provided by caregivers: (1) Chore Services (2) Housing Improvement/Material Aid (3) Specialized Medical Equipment,Services and Supplies. (4) Legal Assistance g. Caregiver Support Grandparent Services( III G Program): Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving obligations include the following: (1) Sitter (2) Home Delivered Meals (3) Homemaker 2® Service Units The Provider shall ensure that the provision of services described in this contract is in accordance with the current DOEA Handbook and the service tasks described in Section II.A. Attachment VII lists the services that can be performed, budget allocation for each service,the number of units of service,and the reimbursement unit rate. Units of service will be paid pursuant to the rate established in Attachment VIL ® Administrative Responsibilities The Provider shall provide management and oversight of OAA Program operations in accordance with the current DOEA Handbook which include the following: a. Establish contractual agreements or vendor agreements with appropriate and capable subcontractors, when applicable. b. Provide technical assistance to subcontractors and vendors to ensure provision of quality services. c. Monitor and evaluate subcontractors and vendors for appropriate programmatic and fiscal compliance. d. Appropriately submit payments to subcontractors. e. Establish procedures for handling recipient complaints and ensure that subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services.Complaint procedures shall address the quality and timeliness of services,provider and direct service worker complaints,or any other advice related to complaints other than termination, suspension or reduction in services that require the grievance process as described in Appendix D,Department of Elder Affairs Programs and Services Handbook.The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date,nature of complaint, and the determination of each complaint. f. Ensure compliance with Client Information and Registration Tracking System(eCIRTS)regulations. g. Monitor outcome measures in accordance with targets set by the Department. h. Conduct client satisfaction surveys to evaluate and improve service delivery. D. Reports The Provider is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the Alliance. The Provider must establish due dates for any subcontractors and/or vendors that permit the Provider to meet the Alliance's reporting requirements. Page 25 of 72 4655 Contract NumberA&252g \ Service Cost Report(SCR): The Provider shall submit mSCR to the Alliance annually and no later than ninety(90)calendar days after the Provider Fiscal Year end. The SCR shall reflect the actual costs ofproviding each service by program for the preceding contract year. Failure to submit an accurate SCR no later than ninety(90)calendar days after the Provider Fiscal Year end may result ina withholding nf invoice payment. 2. Sucp1um/DefiobReport The Provider will submit oconsolidated surplus/deficit report in format provided by the Alliance to the AUimnce's Contract Manager in conjunction with the required monthly hiUiogaubmimmiwo.This report im for this contract between the Provider and the Alliance.The report will include the following: o. The Provider's Jc\mi|ed plan, by program and service, on how the surplus or deficit spending exceeding the \9^ threshold will be resolved; b. A detailed plan on how the surplus or deficit spending exceeding the |*6 monthly threshold will be/zwo|ved. The plan must include specific budget numbers hm reflect how the Provider plans to address the variance. o. Number of clients currently un the waiUist(APCL). d. Number wf Unduplicated Client served. In accordance with its surplus/deficit management policies, in order to maximize ovoi|eNc funding and minimize the time that potential clients must wait for services,the Alliance in its sole discretion can reduce funding awards if the Provider is not spending according wmonthly plans and is projected to incur a surplus omthe end of the year. 3. Volunteer Activity Report The Provider shall submit mn annual unduplicated report o[volunteer hours nn the format provided 6ythe Alliance. The data collection period is from January I —December 3 1 for each calendar year. The data submission date is five (5) working days following the close of the contract period. 4. eCIRTS Reports: The Provider shall input OAA-specific data into eCIRTS, depending on the instructions provided by the Alliance, to ensure e[|RT8 data accuracy. The Provider shall uucC|RTS'generoted (ornCTRTS generated)reports which include the following: o. Client Reports; b. Monitoring Reports-, c. Services Reports; and d. Outcome Measures Reports. e. Fiscal Reports f. Miscellaneous Reports 5. Program Highlights The Provider shall submit Program Highlights referencing specific events that occurred in the previous contract year by September lU'"o the current contract year.The Provider shall provide a new success story,quote,testimonial,or human- interest vignette. The highlights shall be written for a general audience, with no acronyms or technical terms. For all agencies or organizations that are referenced in the highlight, the Provider a6o|) provide a brief description of their mission or role. The active tense ahu|| he consistently used in the highlight narrative, in order to identify the specific individual or entity that performed the activity described in the highlight. The Provider shall review and edit Program Highlights for clarity, readability, n:|evnnoe' specificity, human interest,and grammar, prior to submitting them to the Alliance. 6' Outreach Activity The Provider shall report on outreach activities at least semi-annually using a uniform reporting format established by the Alliance.The format must includethe following information: number and type of provider events or activities; date and location; tMu) number of participants at each event or activity; individual service needs identified; and referral sources mr information provided. Reports must be submitted by June 3O and December 3| of each contract year. /kto minimum,the number ofoutreach activities required to&ecompleted annually for the Provider must be consistent with the number of outreach activities referenced in the procurement documents leading to this contract. Page 26cf 72 4656 Contract Number AA2529 7. Health and Wellness Reports The Provider shall submit Monthly Programmatic Reports for EBDPHP services. The Provider shall Submit the monthly reports with the monthly billing in accordance with Section 3.4 of this contract. Invoices submitted in accordance with Section 3.4 of this contract will not be paid unless the programmatic reports are submitted with the billing. The Alliance Conti-act Manager will provide an Excel spreadsheet with the following tabs: Health and Wellness(one for each month);Success Story (reported only in May); Partnership (one tab updated as needed); and a Statistical Breakdown Page. a. Information provided in the Monthly Programmatic Report must match CIRTS data and the Request for Payment. b. The Provider shall review program documentation to ensure documentation is complete and adequately supports the information reported on the Monthly Programmatic Report prior to submitting a Request for Payment.The Provider will attest to the review in the "comments" section of the Monthly Programmatic Report and provide relevant information regarding the documentation as needed. c. Program documentation shall include all the following elements: Sign-in Sheet or Attendance Log;flyers or documentation demonstrating efforts to recruit participants and promote EBDPHP services provided; current facilitator certificates; copy of program license (if applicable); and any forms required by the specific program. d. The provider shall ensure that program documentation includes a Sign-in Sheet or Attendance Log with date, time, name of program,participant names,and name of program facilitator(s). If the Attendance Log does not include a space for participant signatures,additional program documentation must be included with participant signatures that match the participant names and dates in the Attendance Log. Exceptions may be approved by Alliance Contract Manager. Requests must be made in writing and kept with program documentation. e. Participants must write and sign their name on a program sign-in sheet or Attendance Log. Attendance Logs with participant names typed or written in by the same person will not be accepted as program documentation. If a participant refuses or is unable to write their own name and sign, the instructor may sign by proxy for the participant with a note on the sign-in sheet stating why it is necessary to do so(the note needs to be initialed and dated). f. The Provider shall abide by all program fidelity requirements and annually observe delivery of EBDPHP services. A note will be included in the Monthly Programmatic Report, in the comments section, when a program has been observed. Documentation pertaining to the observation will be kept and provided to the Alliance upon request. g. The Provider shall contact the Alliance Contract Manager in the event of an emergency or an exigent circumstance where the provider is unable to maintain an aspect of fidelity of the EBDPHP services (e.g., minimum or maximum number of participants) before the end of the workshop. At the discretion of the Alliance Contract Manager, the service may be reimbursed under this contract; however, if the fidelity infraction is discovered after the program has finished, during the Request for Payment Process or a desk review, the Provider may not be reimbursed for the workshop or shall be requested to reimburse the Alliance the cost of the workshop. fi, The Provider shall collaborate and partner with organizations to extend the reach of EBDPHP services. Partnerships shall be designed to stimulate innovation of new approaches and activities in EBDPHP services, development of greater capacity, and leverage other funding sources. Partnerships shall also address building and sustaining an infrastructure for the dissemination of EBDPFIP services. This includes, but is not limited to, recruitment of trainers and participants,covering costs for licenses,and replicating program fidelity. i. The Provider shall document,and provide to the Alliance upon request,evidence of partnerships created formally through Memoranda of Agreement/Understanding. The provider will be required to keep track of partnerships in the Monthly Programmatic Report. Each month the Provider shall review and provide updates as necessary. 8. Florida Elder Law Program (FELP) Report The purpose of the FELP reports is to collect consistent and standard data to illustrate the range and type of legal assistance provided by the Provider to older persons in social or economic need. Providers funded for Legal Assistance shall submit the Florida Elder Law Program (FELP) report annually to the Alliance in the format provided by the Department to ensure that legal services reached the targeted groups and served the priority issue areas described in Attachment 1, Section 1.4.1 of this contract.The Provider shall compile and report Page 27 of 72 4657 Contract NUrnber AA2529 data using the definitions and specific instructions provided by the Department and the Alliance in the FFY 2022-2023 Florida Elder Law Program Data Collection Handbook. The reporting cycle for the FELP report is from October I to September 3 01h. The FELP Report includes the following areas: a. Cases and Client Information b. OAAP Complaint Case Report A C. Case Examples cl. Education Log e. Referred From Data f. Publications(optional) g. Unmet Needs(optional) "Individual clients are to be counted only once per calendar year. Reports must be submitted annually to the Alliance by October 15" E. Records and Documentation 1® Requests for Payment The Provider shall maintain documentation to support Requests for Payment that shall be available to the Alliance,the Department,or other authorized agencies and individuals such as the Florida Department of Financial Services(DFS), upon request. 1 eCIRTS Data and Maintenance: The Provider shall ensure,on a monthly basis,collection and maintenance of client and service information in eCIRTS or any such system designated by the Alliance. Maintenance includes accurate and current data,and valid exports and backups of all data and systems according to the Alliance and Department standards. 1 Data Integrity and Back up Procedures: The Provider shall anticipate and prepare for the loss of information processing capabilities.The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of Provider functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure,offsite location. 4. Policies and Procedures for Records and Documentation: The Provider shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its Subcontractors.These policies and procedures shall be made available to the Alliance upon request. F. Performance Specifications 1. Outcomes At a minimum,the Provider must: a. Ensure the provision of the services described in this contract are in accordance with the current DOEA Handbook and Section II.A.and Section II.C.of this contract; b. The Provider shall timely submit to the Alliance all reports described in Section. 11.13 of this contract; b. The Provider shall maintain all information described in Section I I.E.of this contract; d. The Provider shall ensure the prioritization and service provision of clients in accordance with Section I1.A.2 of this contract; e. The Provider shall timely and accurately submit to the Alliance Attachments IX,X and supporting documentation in accordance with Attachment VIII of this contract. f. The Provider shall timely and accurately submit to the Alliance a Service Cost Report in accordance with Section 13.3 of this contract. Page 28 of 72 4658 Contract Number AA2529 2. Criteria a. 66%of new service recipients with high-risk nutrition scores will improve their nutritional status. b. 651,,6of new service recipients will maintain or improve their ADL's assessment score. c. 62.3%of new service recipients will maintain or improve their IADL's assessment score. d. 89%of family and family-assisted caregivers will self-report they are very likely to provide care. 3. Monitoring and Evaluation Methodology The Alliance will review and evaluate the performance of the Provider under the terms of this contract.Monitoring shall be conducted through direct contact with the Provider through telephone, in writing, and/or an on-site visit. The Alliance's determination of acceptable performance shall be conclusive. The Provider agrees to cooperate with the Alliance in monitoring the progress of completion of the service tasks and deliverables. The Alliance may use, but is not limited to,one or more of the following methods for monitoring: a. Desk reviews and analytical reviews-, b. Scheduled,unscheduled,and follow-up on-site visits; c. Client visits; d. Review of independent auditor's Compliance Reports,if applicable. e. Review of Independent Auditors Financial Report or third party compilation f. Review of third-party documents and/or evaluation; g. Review of progress reports; h. Review of customer satisfaction surveys; i. Agreed-upon procedures review by an external auditor or consultant; j. Limited-scope reviews;and k. Other procedures as deemed necessary. G. Provider Responsibilities 1. Provider Accountability: All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Provider, and for which,by execution of the contract,the Provider agrees to be held accountable. 1 Coordination with Other Providers and/or Entities: Notwithstanding those services for which the Provider is held accountable involve coordination with other entities in perfon-ning the requirements of the contract, the failure of other entities does not alleviate the Provider from any accountability for tasks or services that the Provider is obligated to perform pursuant to this contract. 1-1. Alliance Responsibilities 1. Alliance Obligations: The Alliance may provide technical support and assistance to the Provider within the resources of the Alliance to assist the provider in meeting the required tasks in the above Section IL 2. Alliance Determinations: The Alliance reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Alliance setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. SECTION 111111. METHOD OF PAl A. Payment Methods Used The Method of Payment for this contract is a combination of fixed fee/unit rate,cost reimbursement,and advance payments, subject to the availability of funds and Provider performance. The Alliance will pay the Provider upon satisfactory completion of the Tasks/Deliverables, as specified in Section 11 and in accordance with other terms and conditions of the contract. Page 29 of 72 4659 Contract Number AA2529 1. Fixed Fee/Unit Rate Payment for Fixed Fee/Unit Rates shall not exceed amounts established in Attachment VI I,per unit of service. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures, which are in accordance with the services specified in Attachment VII. All Cost Reimbursement Requests for Payment must include the Receipt and Expenditure Report beginning with the first month of the contract. 3. Advance Payments Non-profit Providers may request a monthly advance for service costs for each of the first two months (or 1/6")of the contract period and total contract amount, based on anticipated cash needs. For the first month's advance request,the Provider shall provide to the Alliance documentation justifying the need for an advance and describing how the funds will be distributed.If the Provider is requesting two(2)months of advances,documentation must be provided reflecting the cash needs of the Provider within the initial two(2)months and should be supported through a cash-flow analysis or other information appropriate to demonstrate the Provider's financial need for the second month of advances. The Provider must also describe how the funds will be distributed for the first and second month. If sufficient budget is available, and the Department's Contract Manager, in his or her sole discretion, has determined that there is justified need for an advance,the Department will issue approved advance payments after July Ist of the contract year. All advance payments made to the Provider shall be reimbursed to the Alliance as follows: At least one—tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment(Attachment XI) for each Region being billed,starting with the invoice submission of the third month activities and billing,in accordance with the Invoice Report Schedule(Attachment IX). B. Method of Invoice Payment Payment shall be made upon the Provider's presentation of an invoice subsequent to the acceptance and approval by the Alliance of the deliverables shown on the invoice and payment has been received from DOEA.The form and substance of each invoice submitted by the Provider shall be as follows: I. A separate set of billing reports must be submitted for each County and further for each Region within the County. For billing purposes,County Wide Services are considered to be a Region and should be invoiced on a separate set of billing reports. 2. Request payment on a monthly basis for the units of services established in this contract,provided in conformance with the requirements as described in the DOEA Programs and Services Handbook,and at the rates established in Attachment VII of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served,number of service units provided by service,and rate per service unit with calculations that equal the total invoice amount. Any change to the total contract amount requires a formal amendment. 3. For each Region,the Provider shall consolidate all subcontractors'Requests for Payment and Expenditure Reports that support Requests for Payment and shall submit to the Alliance using forms Request for Payment (Attachment IX), Receipt and Expenditure Reports(Attachment X)for all services. 4. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of the contract. The schedule for submission of advance requests and invoices is Invoice Schedule, Attachment Vill; 5. In the event that services were not billed during the regular billing cycle,the Provider may request payment for services no later than 90 days after the month in which the expense was incurred, except that requests cannot be made after the contract closeout date. Request for payment of services rendered 90 days after the month in which the expense was incurred will require approval of the contract manager prior to the billing of such incurred expenses. Late service billing requests will not be paid unless justification is submitted and approved by the contract manager; 6. The Provider shall maintain documentation to support payment requests which shall be available to the Alliance, the Department,and the Department of Financial Services,or other authorized state and federal personnel upon request;and Page 30 of 72 4660 Contract Number AA2529 7. All payments under the terms of this contract are contingent upon an annual appropriation by the Legislature,and subject to the availability of funds. C. Payment Withholding and/or Financial Penalty Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of all financial and programmatic reports due from the Provider and any adjustments thereto, including any disallowance not resolved as outlined in this Contract. D. Final Invoice nstr►ections The Provider shall submit the final Request for Payment to the Alliance no later than 30 days after the contract period ends and as referenced in Attachment Vill. If the contract is terminated prior to the end date of the contract, then the Provider must submit the final request for payment to the Alliance no more than 30 days after the contract is terminated.If the provider fails to do so,all right to payment is forfeited,and the Alliance will not honor any requests submitted after the aforesaid time period. E. eCIRTS Data Entries for Subcontractors The Provider must require Subcontractors to enter all required data for clients and services in the eCIRTS database per the ®®EA Programs and Services Handbook and the eCIRTS User Manual ® Aging Provider Network users (located in Documents on the eCIRTS Enterprise Application Services). Subcontractors must enter this data into the eCIRTS prior to submitting their requests for payment and expenditure reports to the Provider. The Provider shall establish deadlines for completing eCIRTS data entry and to assure compliance with due dates for the requests for payment and expenditure reports that Provider must submit to the Alliance. F. Providers' Monthly eCIRTS Reports The Provider must run monthly eCIRTS reports and verify client and service data in the eCIRTS is accurate. This report must be submitted to the Alliance with the monthly request for payment and expenditure report and must be reviewed by the Alliance before the Provider's request for payment and expenditure reports can be approved by the Alliance. G. Consequences of Non-Compliance: Should it be determined that the Provider is found to not be incompliance with any deliverables,aspects or requirements of this contract,the Alliance may: 1. Require a Corrective Action Plan(CAP) a. If at any time the Provider is notified by the Alliance's Contract Manager that it has failed to correctly,completely, and/or adequately perform contract deliverables identified in Section ILC and IILD, or any other contractual requirements of this contract, the Provider will have ten (10) business days to submit a CAP to the Alliance's Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within the time approved by the Alliance's Contract Manager. The Alliance may assess a Financial Consequence for Non® Compliance on the Contractor as referenced in Section III.G.2.of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP.The Alliance may also assess a financial consequence for failure to timely submit a CAP. b. If the Provider fails to correct an identified deficiency within the approved time specified in the CAP,the Alliance may deduct financial consequence established in Section III.G.2.of this contract frown the payment for the invoice of the following month. c. If the Provider fails to timely submit a CAP,the Alliance shall deduct the amount established in Section III.G.2 of this contract.The deduction will be made from the payment for the invoice of the following month(s). d. Failure to submit a CAP may result in contract termination. 2. Financial Consequences a. Failure to submit a CAP timely may result in a financial penalty tip to the lower of$25,000 or 5%of the Provider Contract amount and may be calculated on the totality of all Alliance funded contracts, depending on the area of non-compliance. b. Failure to correct an identified deficiency may result in a financial penalty up to the lower of$25,000 or 510 of the Provider Contract amount and may be calculated on the totality of all Alliance funded contracts related to the deficiency,depending on the area of non-compliance. Page 31 of 72 4661 Contract l4umbcrA/k252A o. Failure mcomply with established assessment and priorih7ginu criteria us per Section |iA and ou evidenced by eC|RTS reports may result inu financial penalty w the lower nf%25.UO0or 5^°and may he calculated mn the totality of all n:|med Alliance funded contracts, depending on the area efcompliance. A second offense may ncso|t in o financial consequence of the lower nf$50.OQ0 or 10Yv and may be calculated on the totality of alliance funded contracts. d. Failure to provide services in accordance with the current D0EA Handbook,the service tasks described in Section |I.A, and the Budget summary(Attachment XO).and/or failure on submit required documentation may result in n result in o financial penalty of the lower of$25.0OO or 5% and may he calculated on the tmm|i4/ of all related Alliance 0/od*d contracts, depending on the area of compliance. A second offense may result in m §onncim| consequence ofthe lower n[$5B4OOUor |O"� and may be calculated on the totality ofrelated Alliance funded contracts. e. Failure to perform management and oversight of the OAA Programs operations may result in m financial consequence o[the io*erof$5O.00Oor |0""and may he calculated nnthe totality m[alliance funded IV. SPECIAL PROVISIONS A. Provider's Financial Obligations 1. Matching,Level nK Effort,and Earmarking Requirement: The Provider must provide u match nfutleast |@ percent of the cost for services funded through this contract,except for Title 111D. The match will be made in the form mf cash and/or in-kind resources. At the end oFthe contract perimd, all funds through this contract,except for Title I|/Dmust bn properly matched. 2. Management and Use o[Service Dollars and Continuity nfService: a. The Provider is expected m spend all funds provided hy the Alliance for the purpose specified in this contract. The Provider must manage the service dollars in such a manner so as to avoid having a surplus of funds at the end ofthe contract period. If the Alliance determines that the Provider is not maximizing available funding.the Alliance, in accordance with its Surplus/Deficit Fiscal policies, may transfer funds to other Providers and/or adjust subsequent funding allocations accordingly. h. The Provider shall ensure that contract services will be provided until the end o[the contract period. |n order tm enable the Provider tn better manage the services under this contract and tomaximize the use of available resources, the Alliance has established a spending authority as identified in Budget Summary,Attachment VII. The Provider is /enpmusiNc for managing ,he spending authority so that n continuity of service can be maintained for the maximum number of consumers.The Provider agrees to assume responsibility for any contractual deficit that may be incurred. 3. Consumer Contributions Consumer contributions are to6c used under the following terms: o. The Provider assures compliance with Scotinn3|5 of the OAAaaamended in20O6. in regard to consumer omn*i6u6nno; b. Voluntary contributions are not m6e used for cost sharing nrmatching; c. Accumulated voluntary contributions are to be used prior to requesting federal reimbursement;and d. Voluntary contributions are m6c used only to expand services. 4. Budget Summary: The Alliance has established a spending authority hosed on services and rate detailed in ,he SPA and the Budget Summary,Attachment V|/and any revisions thereto approved 6y the Alliance. Any changes in the total amounts nythe funds identified nnthe Budget Summary require o contract amendment. Page 32of72 Contract Number AA2529 B. Remedies for Nonconforming Services I. The Provider shall ensure that all goods and/or services provided under this contract are delivered timely,completely and commensurate with required standards of quality.Such goods and/or services will only be delivered to eligible program participants. 2. If the Provider fails to meet the prescribed quality standards for services,such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not be reimbursed under this contract.The Provider's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Provider shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The Alliance requires immediate notice of any significant and/or systemic infractions that compromise the quality,security or continuity of services to clients. 3. The Alliance will pass through to the provider any financial consequences imposed by the Department on the Alliance should the provider be at fault and/or cause for the imposed financial consequence. Any passthrough financial consequences will be withheld by reduction of payment and will levy against the provider for the following: a. Delivery of services to eligible clients as referenced in Attachment 1,Section If of this contract -Failure to comply with established assessment and prioritization criteria as evidenced by eCRITS reports. b. Services and units of services as referenced in Attachment 1,Section 11 of this contract—Failure to provider services in accordance with the current DEOA Handbook c. Administrative duties as referenced in Attachment 1, Section 11 of this contract—Failure to perform management and oversight of the program operations. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Provider or any Subcontractors and referred to a governmental or investigatory agency must be sent to the Alliance which will in turn forward the information to the Department. If the Alliance has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United States Attorney's office, or other governmental agency, the Alliance shall notify the Inspector General at the Department immediately. A copy of all documents,reports, notes or other written material concerning the investigation, whether in the possession of the Provider or Subcontractors, must be sent to the Alliance which will in turn send the material to the Department's Inspector General with a summary of the investigation and allegations. D. Volunteers The Provider shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services. If possible, the Provider shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out federal service programs administered by the Corporation for National and Community Service),in community service settings. E. Use of Service Dollars and Management of Assessed Priority Consumer List The Provider is expected to spend all federal,state,and other funds provided by the Alliance for the purpose specified in the contract.The Provider must manage the service dollars in such a manner so as to avoid having a surplus of funds at the end of the contract period, for each program managed by the Provider.The Provider understands and agrees to the reallocation of funding as described in Attachment 1,Section II.E.3.of this contract. F. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the Provider or any subcontractors and referred to a governmental or investigatory agency must be sent to the Department and the Alliance.If the Provider has reason to believe that the allegations will be referred to the State Attorney,a law enforcement agency,the United States Attorney's office,or governmental agency, the Provider shall notify the Inspector General at the Department immediately. A copy of all documents, reports, notes,or other written material concerning the investigation,whether in the possession of the Provider or subcontractors,must be sent to the Department's Inspector General with a summary of the investigation and allegations. G. Rate Increase Thresholds Rates may only increase from one contract year to the next at a rate consistent with the annual rate of inflation in the Page 33 of 72 4663 Contract Number AA2529 Consumer Price Index(CPI)percentage change for all items as determined by the Bureau of Labor Statistics for the I2® mont s prior to the Department's required Area flan submission date and as per the Alliance policy incorporated her in by reference. See hail /lwa as obl I / hprt,agoma ugt�,tu Iwru a �in�l 4a ar��ala��tt.Lsroca tta a by:: gla,ao utul�t? In order to receive the rate increase: 1. The Provider must submit a written request to receive a rate increase as described in the previous paragraph. The written request must be received no later than September 15 for the new rate beginning in the following contract year. 2. Should the requested rate increase exceed 5%of the current year's rate,the Provider must provide: a. A detailed written justification describing the reason(s) for the interim rate adjustment. This explanation shall include a detailed assessment of potential organizational and client impact. The written justification shall provide sufficient detail for the Alliance to review, identifying the service or commodity component(s) that are increasing Provider costs; b. Supporting documentation for the written justifications c. A current rate and a requested rate unit cost methodology; d. A simplified Unit Cost Methodology 3® Note: All rate increase thresholds mentioned in the above language is cumulative from rate at the time of contract execution. Page 34 of 72 4664 Contract Number AA2529 ATTACHMENT 11 ATTACHMENT If FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Alliance to the provider may be subject to audits and/or monitoring by the Alliance,uxtor the Department as described in this section. 1® MONITORING In addition to reviews of audits conducted in accordance with 2 C F R Part 200 (formerly OMB Circular A-133, as revised), and s. 215.97, F.S.,(see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the Alliance and/or the Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance. In the event the Alliance and/or the Department determines that a limited scope audit of the Provider is appropriate, the Provider agrees to comply with any additional instructions provided by the Alliance and/or the Department to the Provider regarding such audit. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Alliance and/or the Department. AUDITS PART 1: FEDERALLY FUNDED This part is applicable ifthe provider is State or local government or anon-profit organization as defined in OMB Circular A- 133, as revised. In the event that the Provider expends $1,000,000.00 or more in federal awards during its fiscal year, the Provider must have a single or program-specific audit conducted in accordance with the provisions of 2 C F R P a r t 2 0 0. EXHIBIT 2 to this agreement indicates federal resources awarded through the Alliance by this agreement. In determining the federal awards expended in its fiscal year, the Provider shall consider all sources of Federal awards, including federal resources received from the A I I i an c e. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 C F R P a r t 2 0 0. An audit of the P ro v i d e r conducted by the Auditor General in accordance with the provisions of 2 C F R P a r t 2 0 0, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1,paragraph 1,the Provider shall fulfill the requirements relative to auditee responsibilities as provided in 2 C F R P a r 1 2 0 0.5 0 8. If the Provider expends less than $1,000,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C F R P a r t 2 0 0, is not required. In the event that the Provider expends less than $1,000,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C F R P a r t 2 0 0, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Provider resources obtained from other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any rules,regulations, or statutes referenced in the agreement.The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance and/or the Department shall be fully disclosed in the audit report with reference to the Alliance agreement involved. If not otherwise disclosed as required by 2 C F R P a r t 2 0 0.5 10,the schedule of expenditures of federal awards shall identify expenditures by agreement number for each agreement with the Alliance in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Provider's fiscal year end. Page 35 of 72 4665 Contract Number AA2529 PART 1111: STATE FUNDED This part is applicable ifthe Provider is a non-state entity as defined by s.215.97(2),F.S. In the event that the Provider expends a total amount of state financial assistance equal to or in excess of$750,000.00 in any fiscal year of such Provider(for fiscal years ending September 30,2004 or thereafter),the Provider must have a State single or project- specific audit for such fiscal year in accordance with s. 215.97, F.S.;applicable rules of the Department of Financial Services;and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 2 to this agreement indicates state financial assistance awarded through the Alliance by this agreement. In determining the state financial assistance expended in its fiscal year,the Provider shall consider all sources of state financial assistance,including state financial assistance received from the Alliance, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the Provider shall ensure that the audit complies with the requirements of s. 215.97(8), F.S. This includes submission of a financial reporting package as defined by s. 215.97(2), F.S., and Chapter 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. If the Provider expends less than $750,000.00 in state financial assistance in its fiscal year(for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of s. 215.97, F.S., is not required. In the event that the Provider expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of s. 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the Provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance shall be based on the agreement's requirements, including any applicable rules, regulations,or statutes.The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance shall be fully disclosed in the audit report with reference to the Alliance agreement involved.If not otherwise disclosed as required by Rule 691-5.003,F.A.C.,the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Alliance in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but-no later than 12 months after the Provider's fiscal year end for local governmental entities.Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report,but no later than 9 months after the Provider's fiscal year end.Notwithstanding the applicability of this portion,the Alliance retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. If. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200,and required by PART I of this agreement shall be submitted,when required by 2 CFR Part 200.512,by or on behalf of the Provider directly to each of the following: The Alliance at each of the following addresses: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 107" Avenue Suite 214 Miami, FL 33172 Page 36 of 72 4666 Contract Number AA2529 For fiscal year 2013 and earlier to the Federal Audit Clearinghouse designated in 2 CFR §200.36 at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 For fiscal year 2014 and later, pursuant to 2 CFR §200.5 12, the reporting package and the data collection form must be submitted electronically to the Federal Audit Clearinghouse. Pursuant to 2 CFR§200,5 12,all other Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the Federal Audit Clearinghouse. The Provider shall submit a copy of any management letter issued by the auditor, to the Florida Department of Elder Affairs, via the Alliance, at the following address: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 107" Avenue Suite 214 Miami, FL 33172 Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachment, Part 11 shall be submitted by or on behalf of the Provider directly to each of the following: The Florida Department of Elder Affairs, via the Alliance, at the following address: Alliance for Aging,Inc. Attn: Fiscal Department 760 NW 107" Avenue Suite 214 Miami, FL 33172 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports,management letter,or other information required to be submitted to the Department pursuant to this contract shall be submitted timely in accordance with 2 CFR Part 200, Florida Statutes, and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. Providers, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules ofthe Auditor General,should indicate the date that the reporting package was delivered to the Provider in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Provider shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six (6) years from the date the audit report is issued, and shall allow the Department or its designee, the CFO or Auditor General access to such records upon request. The Provider shall ensure that audit working papers are made available to the Alliance and/or the Department or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Department. Page 37 of 72 4667 Contract Number AA2529 ATTACHMENT If FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT I PART 1® AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or s. 215.97, F.S.. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I is met. Providers who have been determined to be vendors are not subject to the and it requirements of 2 CFR Part §200.38, and/or s.215.97,F.S. Regardless of whether the audit requirements are met, Providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part §200 and/or Rule 691-5.006, F.A.C.,Contractor has been determined to be: Vendor not subjectto2 CFR Part§200.3 8 and/or s.215.97,F.S. X Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or s. 215.97, F.S. Exempt organization not subject to 2 CFR Part§200 and/or s. 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations Must comply with all compliance requirements set forth within the contract or award document. NOTE:If a Provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the Alliance to subcontract,they must comply with s. 215.97(7), F.S., and Rule 691-.5006, F.A.C. [state financial assistance] and 2 CFR Part§200.330[federal awards]. PART H: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws,rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN -rRIBES MUST FOLLOW: 2 CFR Part §200.416-Cost Principles* 2 CFR Part §200.201- Administrative Requirements" 2 CFR Part§200.500- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part§200.400-.41 1-Cost Principles* 2 CFR Part §200.100-Administrative Requirements 2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT)MUST FOLLOW: 2 CFR Part §200.418-Cost Principles* 2 CFR Part §200.100-Administrative Requirements Page 38 of 72 4668 Contract Number AA2529 2 CFR Part §200.500-Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws,rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR Part §200.400(5)(c). "For funding passed through U.S. Health and Human Services, 45 CFR 92; for funding passed through U.S. Department of Education, 34 CFR M STATE; FINANCIAL ASSIS'I'ANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws,rules and regulations: Section 215.97, Fla. Star. Chapter 691-5, Fla. Ad in. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations III The Remainder of This Page Left Intentionally Blank Page 39 of 72 4669 Contract Number AA2529 ATTACHMENT If FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBrr 2-FUNDING SUMMARY hLjg;_TuIe 2 CFR§200.331,as revised,and s.N5.97,F.S.,require that information about Federal Prograrns and StateProjeos included in ATTACHMENT 11, Exhibit I be provided to the recipient.Information contained is a prediction of funding sources and related amounts based on the contract budget. L. FE DERAI...RFSOU RCES A WA RDE D TOTH E S U BREC I P I ENTPU RS UAN'I"I'0111-1 IS CONTRACT CONS 9 ST OF'I"I-IF FOLLOWING: PROGRA'MTH'I'LE FUNDING SOURCE CFDA A'%IOUN'r ............................. Older Americans Act U.S.Health and Huw�tn Services 93.044 $69.21 LOO Title HIB Support Services -................. ................................................. Older Americans Act U.S.Health and I luman Services 93.045 $138.000.00 Title HICI Congregate Meak ........... Older Americans Act U.S.Health and Human Services 91045 $238,000.00 Title MC2—Home Delivered Meals .................................................................................. Older Americans Act U.S.Heafth and Human Services 93,043 $29.450.00 Title HID Older Americans Act $136,260.00 Title ME Caregiver Support Services U.S,Health and I funiari Seri ices 91052 $3 0�000.00 Title III IEG—Caregiver Support Services $78.360.00 Title III ES C�! Ui'j...........................-er Americans Act U.S.Ifealdii and Hunian Services 93.053 Nutrition Services Incentive Pro rarn I I TOTAL FEDERAL AWARD $719,281.00 ............................................................... COMPI,I A NCE REQU I RE-MENTS A PPLI CA B LE TO TH E I-EDE RA L RESOURCES A WA RDED P URSUANTTO-1111 S CONI-RA CT ARE AS FOLLOWS: 11DLaAL_LU=L 2 CFR Part 200-Uniform AdministratiN e Requirements.. Cost Principles,and Audit Requirements for Federal Awards.OMB Circular A-133- Audits of States.Local Governments,and Noun-Profit Organizations 2. STATE RESOURCES AWARDS DTOTHE,RECIPIENT PURSUANT'TOTHIS CONTRACT CONS I ST OFTHE FOLLOWING� MATCHING RESOUCES FOR FEDERAL PROGRAMS........................................... PROGRAMTrn.A." FUNDING SOURCE CFDA AMOUNT ................................................... TOTAL STATE AWARD STATE HNANCIAL ASSFIANCE SUBJECT TO sec.215.97,F.S. ......................................................... PROGRAM TITLE FUNDING SOURCE 'FDA AMOUN'l ....................................................................... ..................................... ............. L121ALIEA!1D COMPLIANCE REQUIREMENTS APPLICABLE 1-0 STATE RESOURCES AWARDEE)PURSUANT TO TFIJIS CONTRACT ARE AS FOLLOWS: Section 2 15.97,F.S., Chapter 69l-5, FA.C., Reference Guide for State ENpenditures,Other fiscal requirernents set forth in program la%%s,rules and regiflations. Page 40 of 72 4670 Contract Number AA2529 ATTACHMENT III CERTIFICATIONS AND ASSURANCES DOEA will not award this Contract unless the Provider completes these CERTIFICATIONS AND ASSURANCES in performance of this contract. The Provider provides the following certifications and assurances: A. Debarment and Sus[!ension Certification 9 CFR Part 95 and 45 CEH_Eart 751 B. Certiricationu'----,iigg_l&hhyin '29CFRP art 93and45CFRE art 93j C. Nondiscrimination & Equa 1O) ortunibLAssurance9 CFR Part 37 and 45 CFRjart 801 LM L2..... D. Certification Rear ding.Public J iy Crimes,section 287.133 F S E. Association of Co y rya ratios for Reform Now (ACORN) Funding Restrictions Assurance ffull 111-1171 F. Certification Re roles Lists see F.S. G. Certifb!L,lil ill i 1 !, Prarding 11intm and Cool!erative Agreern is H. Verification of Employment S atus Certification I® Records and Documentation J. Certification Reording Insriection of Public Records A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION. The undersigned Provider certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily eXCILIded from covered transactions by a federal department or agency; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them forcornmission of fraud ora criminal offense in connection with obtaining,attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or corn mission of embezzlement,theft, forgery,bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State,or local)terminated for cause of default. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including Subcontracts, vendors, sub-grants and contracts Linder grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this certification accordingly. Page 41 of 72 4671 Contract Number AA2529 B. CERTIFICATION REGARDING LOBBYING - CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. The undersigned Provider certifies, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement , and the extension, continuation, renew al. amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or employee of a Mernber of Congress in connection with a Federal contract, grant, loan, or cooperative agreement,the undersigned shall also complete and Submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including Subcontracts, sub-grants and contracts tinder grants, loans, and cooperative agreements) and that all sub-recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352, Any person who fails to file the required certification shall be Subject to a civil penalty of not less than $10,000 and not more than $100,000 for each Such failure. C. NON-DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). -As a condition of the Contract, Provider assures that it will comply fully with the non d iscri in i nation and equal opportunity provisions of the following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity. 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant tote Regulation of the Department of Health and Hurnan Services(45 CFR Part 80),to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin , be excluded from participation in, be denied the benefits of,or be otherwise Subjected to discrimination tinder any program or activity for which the Applicant receives Federal financial assistance frorn the Department. 3. Section 504 ofthe Rehabilitation Act of 1973 (Pub. L. 93-112)as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of,or be Subjected to discrimination tinder any program or activity for which the Applicant receives Federal financial assistance from the Department. 4,The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant tothe Regulation of the Department of Health and Human Services(45 CFR Part 91),to the end that, Page 42 of 72 4672 Contract Number AA2529 in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination Linder any prograrn or activity for which the Applicant receives Federal financial assistance frorn the Department. 5.Title IX of the Education Amendments of 1972 (Pt►b. L. 92-3 18), as amended, and all requirements imposed by or pursuant to the Regulation of the epart►Went of Flealth and Human Services (45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise Subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Department, 6.The American with Disabilities Act of 1990 (Pub. L. 101-336), which prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave,fringe benefits,and all other employment-related activities. Providers also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above.This assurance applies to Provider's operation of the WIA Title I -financially assisted program or activity, and to all contracts, Provider makes to carry out the `V✓IA Title I - financially assisted program or activity. Provider understands that DOEA and the United States have the right to seek judicial enforcement of the assurance. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts under grants, loans and cooperative agreements)and that all sub recipients and contractors shall provide this assurance accordingly. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES,SECTION 287.133, F.S. Provider hereby certifies that neither it,norany person or affiliate of Provider,has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Provider understands and agrees that it is required to inforrn DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE(PUB.L. 111-117). As a condition of the Contract, Provider assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act,2010,Division E,Section 511 (Pub. L. I I 1-117).The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub. L. 111-24 2),provides that appropriations made t►nder Pub. L. I I 1-117 are available Linder the conditions provided by Pub, L. I I ]-117. Tile Undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, vendors, sub-grants and contracts Linder grants, loans and cooperative agreements)and that all sub recipients and contractors shall provide this assurance accordingly. F. CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS,SECTION 287.135,F.S. If this Contract is in the amount of$1 million or more, in accordance with the requirements of Section 287.135, F.S., Provider hereby certifies that it is riot participating in a boycott of Israel, is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does riot have business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, F.S. Provider understands that pursuant to Section 287.135, F.S., the submission of a false certification may Subject Provider to civil penalties,attorney's fees,and/or costs. Page 43 of 72 4673 Contract NUrnber AA2529 If Provider is unable to certify any of the statements in this certification, Provider shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, AGREEMENTS,GRANTS,LOANS AND COOPERATIVE AGREEMENTS 1. The Provider and any subcontractors of services Linder this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or prograrn in accordance with the prescribed reporting requirements; (2) the Source and application of funds for all contract supported activities; and (3) the comparison Of Outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements Could result in a return of grant funds that have not been accounted for properly. 2. Management Information Systems used by the Provider, subcontractors, vendors, or any Outside entity on which the Provider is dependent for data that is to be reported,transmitted,or calculated,have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified Lobe non-compliant, Provider will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology,the undersigned warrants that these products are capable of processing year-date dependent data acCUrately. All versions of these products offered by the Provider (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 4. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software prograrns from operating properly,the Provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein,at no charge to the state,and without interruption tothe ongoing business of the state,time being of the essence. 5. The Provider and any subcontractors and/or vendors of services Linder this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. H. VERIFICATION OF EMPLOYMENTSTATUS CERTIFICATION As a condition of contracting with the Florida Department of Elder Affairs, Provider certifies the use of the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the Provider during the contract term to perform employment duties pursuant to this contract and that any subcontracts include an express requirement that subcontractors and/or vendors performing work or providing services pursuant to this Contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the subcontractor and/or vendor during the entire contract term. The Provider shall require that the language of this certification be included in all sub-agreements, sub-grants, and other agreements/contracts and that all subcontractors and/or vendors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was rnade or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Circulars A-102 and 2 CFR Part 200, and 215 (formerly OMB Circular A-I 10). L RECORDS AND DOCUMENTATION The Provider agrees to make available to Department staff and/or any party designated by the Department any Page 44 of 72 4674 Contract Number AA2529 and all contract related records and docurnentation. The Provider shall ensure the collection and maintenance of all prograrn related information and documentation on any Such systern designated by the Department. Maintenance includes valid exports and backups of all data and systems according to Department standards. J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS 1. In addition to the requirements of sections, 10.1, 10.2 of the Standard Contract, and 119.0701(3) and (4) F.S., and any other applicable law, if a civil action is commenced as contemplated by Section 11 9.070 1(4), F.S., and the Department is named in the civil action, Provider agrees to indemnify and hold harmless the Department for any costs incurred by the Department, and any attorneys' fees assessed or awarded against the Department from a Public Records Request made pursuant to Chapter 119, F.S.,concerning this contract or services performed thereunder, a. Notwithstanding Section 119.0701, F.S., or other Florida law, this section is not applicable to contracts executed between the Department and state agencies or subdivisions defined in Section 768.28(2), F.S. 2, Section 119.01(3), F.S.,states if public funds are expended by an agency in payment of dues or membership contributions for any person,corporation, foundation,trust,association, group,or other organization,all the financial,business,and membership records Of Such an entity which pertain to the public agency(Florida Department of Elder Affairs) are public records. Section 119.07, F.S, states that every person who has custody Of Such a public record shall permit the record to be inspected and copied by any person desiring to do so, under reasonable circumstances. Additionally, I certify this organization does®does not Zprovide for institutional memberships. Provider's signature below attests that records pertaining to the dues or membership application by the Alliance and the Department are available for inspection as stated above. By execution of this contract. Provider must include these provisions in all related subcontract agreements (if applicable). By execution of this contract, Provider Must include these provisions (A-J) in all related Subcontract agreements (if applicable). By signing below, Provider certifies the representations outlined in parts A through J above, are true and correct. 1100 Simonton Street.2" Floor Title.. ................ignature and Yi da,uthorized Representative Street Address Monroe County Board of County Commissioners, Social Services/in-Home Services 2, Z6 ? V Kev West. FL 33040 Provider Name Date City,State,Zip code Page 45 of 72 4675 Contract Number AA2529 ATTAC11MENT V1 ASSURANCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including tirne for reviewing instructions,searching existing data Sources,gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project(0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency,the Comptroller General of the United States,and if appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C.4728-4763)relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race,color or national origin; (b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis ofalcohol abuse or alcoholism;(g)523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title Vill of the Civil Rights Act of 1968(42 U,S.C, 3601 et seq.),as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application, 7. Will comply, or has already complied, with the requirements of ifles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of ederal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply,as applicable, with the provisions of the Hatch Act (5 U.S.C. 501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to 276a-7),the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874)and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), regarding labor standards for federally assisted construction sub agreements. Page 46 of 72 4676 Contract Number AA2529 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO H 738; (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed Linder the Coastal Zone Managerrient Act of 1972 (16 U.S.C. 1451 et seq.); (0 conformity of Federal actions to State (Clear Air) Implementation Plans tinder Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection Of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L.93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1721 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-I et seq.). 14. Will coin ply with P.L.93-348 regarding the protection of human subjects involved in research,development,and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care,handling,and treatment of warm-blooded animals held for research,teaching,or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE h. ............ APPLICANT ORGANIZATION DATIE SUBMITTED Monroe County Board of County Commissioners,Social 12,12&1=4 Services/In-Home Services Page 47 of 72 4677 Contract Number AA2529 ATTACHMENT VII CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE eCIRTS SUMMARY FOR THE AGENCY Re, is A Re jb5B County Wide Total Service Maximu Maxima Maximum maximaxis Maximum Maximum Maximum Maximum Program Services to be Provided Unit Rate Units of Dollars"a Units,of Dollars Units of Dollars; Units of Doll Service service Service Service ars 39.00 59 mkoo -4,490-00- .............................. .......... ... .............................. 173 S 4,48000 as 1-�,��-�----------------------���-- - . -.-............................ PAM .... ......................... .... ..... .............................in -.1 87" " 3;'.?"'19%� 362 27,520.0 13,760.00 362 ,_'_j?47Aq!L - 724 S 0 ..................... .......................................... ............ .............JK $, 1?,760 00, A2.1 OA3B Screening&Assessment $ 90.00 29 2,605.50 '29 S -2 5,50, 58 S 5,211.00 73CI - 4 8,820 $ 132,�300.00 A10, $ .............Mig .............!KM21' I —, . —­77 --—---------- ........................ ................. ------------------- PNL-- -------- ................. ............... ......................... ..................................... S 15.00 $ - ............................................................................................................................... .......................... rS- 60 R3Lq!_,,"Egi qTpSgate Meals 0 $ 1(.X) 1,5!K± ...... ................. �75000 ...........................----------............................. Nutrition Education S 2.25 133 300.. ri -3'(W-00" 267 S 600,00 ............ .......... ... ............................................ 03CI N - —------------------- -n! !��qslr........... .................. ............................i ........................ 03CI Congegate Meet%,Screening S 45.00 33 1 33, 1,W00' 67 S 3,00000 77-2 7.-7—D.hvered M.A Frozen T 10.00 10,711 23,058 S 230,584 00 "s,;!-"X un.00m. iimewcyHomcDchvcrxd Shell' Meals $ 15.00 60 900.00 127 S 1,900A ----------- q3 Nutrition,Ed.....ucalwon S 2.25 133 300.00 311 S 700°00 ... ...... ........................03C2 N r8r, 4 $ M,W 7S 70� 0 . 173C2..........Screening&Assessment WOO 21 1,893,00 25, 2 00 46 S 4,116.00 7 7 160 160 S 2.4,00000 "2A3D Chronic Disease Self Management $ 2,651.67 2 5,450,00 2 S 5,450-00 C1A3E .__Adult bay .................................................................. $ 200. ..........1.M10.L.,........2....2....A,0-2..0.......0... L iW 77=_ ... ............2........2........0........-...-$ . 4404000 L i6p T ....... 635 S- w. 28560.00 9 t' 30011000 :L 32 ODD 00 4,133 S 62,000AX) 2A3E Soreenm &Assessment S 90.00 11 .....=00 7, i` 6W,D0' - 18 S 1,660A0 2227 222 ......N...........0....07 � ..2 ......... .... 2A3EG Home Delivered Meals S 10.00 21000 2000000 2,000 S 20,00000 50011'r-111111111-1-20 5.20. S 20,OW 00 ....... ........................................... ................................................ ced Chore 45.00 161 S 7,25000 .................................... Cost peamb S 15,000.00 ----------- 9%!1'5jTk � w 00 OA3ES Hous In nt $ 15 C9A3ES 'gi"e-c-zhzed Medical Equipment&Supplies Cost Reimb $, 21,11000 S 21,110.00 T—OTAL-- 295681,50 't 124 720 4(1 S 137.910.00 $719,281.00 Page 48 of 72 4678 Contract Number AA2529 ATTACHMENT Vill OLDERAMERICANS ACT CONTRACT REPORT CALENDAR ADVANCE AS S CONTRACT Report Number Based On Submit to Alliance On This Date 1 January Advance* January 6 2 February Advance* January 6 3 January Expenditure Report February 6 4 February Expenditure Report March 6 5 March Expenditure Report April 6 6 April Expenditure Report May 6 7 May Expenditure Report June 6 June Expenditure Report July 6 9 July Expenditure Report August 6 10 August Expenditure Report September 6 11 September Expenditure Report October 6 12 October Expenditure Report November 6 13 November Expenditure Report December 6 14 December Expenditure Report January 6 15 Final Expenditure and Close Out Report January 31 Legend: * Advance based on projected cash need. Note# 1 e Report#1 for Advance Basis Agreements cannot be submitted to the Department of Financial Services(DFS)prior to January 1 or until the agreement with the Alliance has been executed and a copy sent to DFS. Actual submission of the vouchers to DFS is dependent on the accuracy of the expenditure report. Note#2: Report numbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount, on each of the reports,repaying advances issued the first two months of the agreement. The adjustment shall be recorded in Part C, I of the report(ATTACHMENT I X). Note 3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Alliance payment is to accompany the report. Page 49 of 7 4679 Contract Number AA2529 ATTACHMENT IX REQUEST FOR PAYMENT FORM 106 OLDER AMERICANS ACT I NSIP TYPE OF REPVRT� PROVOER NAME,ADDRESS,PHONE 9 FED M NUMBER comact 0 Pm,,,de,Name Pmv,dvAdtke%s .—A �PORT# @Wu .. .............. CERTIFICAT*N y kn"�edue sprat th SmT'est owlfr-l"etNah We leriTos j".10 the purpo"m set brth'w� oabovo Puepared By---_.....,._Date............ Appmved By.......................... ............. Date &gnat BUDGET SUMMARY ND WE TOTAL \r ............................. ........... .......... 000 Appiro.lt-d C—troA..um, 0 OE 6J o@ ddd ........... ..... ............. 0 no 0'a U 00 0,00 0001 f6c,kftnP4 End (;dunt�a�fl..Sjfance --------- 0 Cal Goo BOB 000 Do ---- L Cvvveont —!�a!tArnwn%OTed 0 ri 000 Goo 0 0 02 ..................... a 0 Lens Curtta hhntJh Ad,,Pi b ialk —- Ck Do a 00 0 Do 0 DO 010 00 — —-------- Comracled Funds Rego &,;ted fa,Mwth Goo 0.00 1300 B 00 000 0,00 000 P'b all rn&&NQ p F—.P—M N—dvm'.?MA Page 50 of 72 4680 Contract NLIrnber AA2529 ATTACHMENT X EXHIBIT I RECEIPTS&UNIT COST REPORT OAA Sub"title 111-B ................ ........................................ ... _77!5MYW,AQQAESS. H -9 and T PERIOD: .......... ............................................................................. ........... 0 kp 0AAH11,Ci OAA fll C2 P-11-1 ly OAA IN 0 .......... County 0 REFOR7 0 7-0 ............- -.- ............................................ L F....... �#y 0'.1 4'a crud-d -d l(10 rep "a""'—v Ps*'pared bv �.......... .............rj"Ip............- Appm�e'bV . ................ DWe FMICIOM—EIRECEIPFS A AppmedBudget 0 Actuai Total Billing C Tota Brifing 0 %of Arproved Prior Ma.YTO th�j.re V le Budget ReKeitits ...................................................... ..................... —-—---------- F,It -1 u d. edeml Furd.% .......... 0 . _ �1-11...............................Pmgoarvii lncome Cash Match,PINS,C'l,IC-2,WE SUBTOTAL Cash Receipts .............................. .............................. .............................. 'L'o.W'In X nd match S 004001 77=--t- TAL RECEWITS S 9MV& BrflaWe Unit Cost Report Undupficated Chents Served (A (13D CC; tD)i (E ji 7 �G� ',A l mj Serme contract BMabki Urul Rate AmouintEavv Y-T-0 y!r.o cunent mu"Vil 'Y'-T D Code Amount Liflits TWt Pvvc 8411W 81taWe Undup Chents Undiop Cieri3 P,l., Wh YTO Pd.,Witth Una- coca— se"Vel Sewed rlungta, YTO SS $ ........................ ....................... ..................................................... ------ ............... ...... -------- ----------- --------------------- --------- ---------- ... ....... ................................ .... ..................... ............... -------- --- ................---, -- - --- i --------------- ............... ................... ECHO Cost Re0mb S MATE Cost ReCnib. $ .......... cost ....)11. —----— ]dii ::: -1............ scsm Cost Rehvfb $ S ................. ............................. ..................... ....... .................................. Total S PSA 0 1 t OAA NSP Form Revwd liw dmbw 2024 Page 51 of 72 4681 Contract Number AA2529 ATTACHMENT X EXHIBIT 2 RECEIPTS Mitt)EXPENDITURE REPORT NSIP PROVIDFJR NAME,ADDRESS,PFDNF.# PROGRAM FUNDING SOURCE: ............................a.................. NSIP x Cft-f P...d 0 0 0 C...ty REPORT# EN R.1ion Cr-.RTlFICAT*N t cer*to the best of nV vuvrwta Te beW Utat s r is oonpsueteano all y: Wein trx purfm�set offltm?- Prepared by: Dole— AWoved by w Date (Sig-t—) fSgV&0 CURRENT YEAR TO OAT E MONTk!.............. PREVIOUS YFDUNITS NGREGA f.ICbME rxiRERE5. .......CO—PUREGATE. ---WNG—RrGATE F9 1 RE.D OAA Ftowick d Weals UNvrs^ 0 a 0 0 LSP FmWd gals UNITS 1') 0 0 0 NDP Funded Weals UNITS a 0 0 0 total Funaws Ovals uNrTs 0 0 0 0 0 0 Lne I Times$72 is per at E7--$O 0 $0011 SO 0�0 [��Ml D Total�K*&�O �YTD ToU�K*W. MTD Total Expenciture ........................................................... CONTRACT SUMMARY Approved Contract Amunt Actual Expenditures for ths Rewrt SO.00 Total ExpeoWures Year to Data ConbW Elalance Shedd recoonte to C1 and C2 unfts Wiled fcw the nmth It nol an ex tiro ryu be ovide below ....................... .............................................................................. I............... PSA,M OAA NSF F—,R—M D�,nW2024 Page 52 of 72 4682 Contract Number AA2529 ATTACHMENT EXHIBIT PSA/PROVIDER MONTHLY MEALS REPORT PSA Number 11 Month of Report Number of days served this month Total number of meals,regardless of funding source,served to: -all persons 60 years of age or older and their spouses„regardless of age -volunteers,regardless of age,who provider services during meal hours on a Regular basis -handicapped or disabled individuals residing in housing facilities occupied primarily by elderly at which congregate meal services were provider during the month. Provider Name Congregate Meals Home-Delivery Meals Total 0 0 0 0 TOTAL: 0 0 0 I certify that the above information is accurate and complete to the best of y knowledge. Signature: itle ®ate: PSA#11 OAA NSEP Forms,Revised Decedmber 2024 Page 53 of 7 4683 Contract Number AA2529 AT TACIT MENT B STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name: Monroe County Board of County Commissioners, Social Services/In-Home Services County:Monro� Address 11 OC) im L)+,b.1 61rreet Completed By < City, State, Zip Code Date2-102- Telephone ?05 Z-92-- PART I. READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided:—r�?e, eniirc, r 04! - 2 ;2ix--cx��wmr-�PWA 2. POPULATION OF AREA SERVED. Source of data: &A6 c® N %Black %Hisp=anici�%�Other Oo Female 3. STAFF CURRENTLY EMPLOYED. Effective date: — —..---T— T /.other 72 m Total# %White °!®Black T %/.Hispanic J96L %Other TV-%Ferr 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: i 1 2 E ETHE# %E�White �%�Black %Other �%�.Feimy�ale 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. PART Ill. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with OEA?If NA or NO, explain. NA YE5AO ......................... ...............---------------- ........................... Page 54 of 72 4684 Contract Number AA2529 T Compare the staff composition to the population. Is staff representative of the population?If NA or NO, explain. NA YES 0 8. Are eligibility requirements for services applied to clients and applicants without regard to NA YES NO race, color, national origin, sex, age, religion or disability? If NA or NO, explain. El 12"[1 .................................. .................................................. ..................... ............. Page 55 of 72 4685 Contract Number AA2529 9. Are all benefits, services and facilities available to applicants and participant in an equally effective manner regardless of race, sex,color,age, national origin, religion or disability? NA_YES 7NO_If NA or NO,explain. ........................-..............-............................ ............................................................................... ................................................­­­'_­­.................................. ................................................ 10. For in-patient services, are room assignments made without regard to race, color, national origin or disability? NAYES_N0_ IfNAorNO, explain. ...................... .................................................................................................................. 11. Is the program/facility accessible to non-English speaking clients?If NA or NO, explain, Ye's ...................... 12. Are employees, applicant and participa s informed 9f their protection against discrimination? If yes, how? Verbal 17 Written PoPoster Z If NA or NO, explain. 13. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. 14. Is th p, ram cility physically accessible to mobility, hearing, and sight-impaired individuals? NA YE*NO IfNAorNO, explain. ........................................................... ....................................... ...... PART'III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 15. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? If NO,explain. el 16. Is there and establi ad grievance procedure that incorporates due process in the resolution of complaints? :ZO-If NO, explain. ............................................................................ —-—----- .................................................................................................................................................1-1-.11111-1-1.................................... ...................................I'll..........................................................-......... Page 56 of 72 4686 Contract Number AA2529 17. Has a person been designated to coordinate Section 504 compliance activities? YES NO If NO, explain. ............................................................ ............. -------- 18. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on the basis of disability?If NO, explain. \ e e .....................................-................... ........... ....................... 19. Are auxiliary aids vailable to assure accessibility of services to hearing and sight impaired individuals? YES aids If NO, explain. ......................................................................................................................... —--------------------------------------------------- ...... ....................... .........................................--- . -- PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF$50,000 OR MORE. 20. Do you have a written affirmative action plan? YESZNO_ If NO,explain, --- ..................--,......................... .................... ...................- .................I'll.......-...............-.................................................. .................................................................................... Alliance USE ONLY Reviewed By In Compliance: YES ® NO*0 Program Office *Notice of Corrective Action Sent Date Telephone Response Due —/—I— On-Site � Desk Review ® Respanse Received _/_!� INSTRUCTIONS FORTHE CIVIL RIGHTS COMPLIANCE CHECKLIST I. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target Population such as adolescents,describe the target population.Also,define the type of service provided. Page 57 of 72 4687 Contract Number AA2529 2. Enter the percent of the population served by race and sex.The population served includes persons in the geographical area for which services are provided Such as a city,county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida Population statistics. Include the source of your population statistics.("Other"races include Asian/Pacific Islanders and Arnerican Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race,sex and disability. Include the effective date Of Your summary. 4. Enter the total number of clients who are enrolled,registered or currently served by the program or facility,and list their percent by race,sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex,and disability. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the prograrn will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for D®EA recipients and their sub-grantees,45 CFR 80.4(a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff?. S. Where there is a significant variation between the race,sex or ethnic composition of the clients and their availability in the population,the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any d iscrimi nation.Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons,45 CFR 80.3 (b)(6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment?Evidence OrSUch may be indicated in staff and client representation(Questions 3 and 4)and also through on-site record analysis of persons who applied but were denied services or employment,45 CFR 80.3 (a)and 45 CFI 80.1 (b)(2). M Participants or clients must be provided services such as medical,nursing and dental care, laboratory services,physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restroorns and other facilities must also be equally available to all clients,45 CFR 80.3 (b). IL For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race,color, national origin,or disability,45 CFR 80.3 (a). 12, The program/facility and all set-vices must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live,program accessibility may include the employment of bilingual staff. In other areas, it is Sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services,45 CFR 80.3 (a). Page 58 of 72 4688 Contract Number AA2529 13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of HHS. The information may be Supplied verbally or in writing to every individual,or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility,45 CFR 80.6(d). 14. Report number of discrimination complaints filed against the prograin/facifity.Indicate the basis,e.g.,race,color,creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local,state or federal agency with whom the complaint has been filed. Indicate the current status,e.g., settled,no reasonable cause found,failure to conciliate,failure to cooperate, Linder review,etc. 15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restroorns, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width,and Braille or raised numbers. Switches and controls for light,heat,ventilation,fire alarms,and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self- evaluation to identify any accessibility barriers. Self-evaluation is a four step process: With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. I Modify policies and practices that do not meet Section 504 requirements. E I Take remedial steps to eliminate any discrimination that has been identified. 0 Maintain self-evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.),45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504,45 CFR 84.7(b). 18. Programs or facilities that ernploy 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7(a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability.This includes recruitment material,notices for hearings,newspaper ads,and other appropriate written communication,45 CFR 84.8(a). 20. Programs/facilities that employ 15 or more persons Must provide appropriate auxiliary aids to persons with impaired sensory,manual or speaking skills where necessary. Auxiliary aids may include,but are not limited to, interpreters for hearing impaired individuals,taped or Braille materials,or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52(d). 21. Programs/facilities with 50 or more employees and$50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60 and Title VI of the Civil Rights Act of 1964,as arnended. Page 59 of 72 4689 Contract Number AA2529 ATTACHMENT DEPMMM OF ODER AFFAIRS BACKGROUND SCREENING ATTESTATION O -EMPLOITR AtrrH0R=..M.L EIIPLOITRSare required to °t this form attesting to compliance with the prowisionster 43.4 and section i3O.O4O2 of the Floridates° The wm" n or entity reqwred by law to condbad backgroand ,UwAnchou to,Area Agencies an ,Lad ws„and Semice contract Providers that daw*or. with the Dot of Ekder Affairs(DOS),and airy other pason or oy . %olumsers in sertrice who moo the defication of a See S 435. 2,4 2„Fla.Star. A direct servece provider as"a person 18 years of age or older who,purmant to a program,to pvni&ser%ices to the y,has direct fic"o-face contact with a chmt while providing smaces to the chew and has access cheat's living arwas, personal property,or s. 17 The tem also includes,but is5not limited to,the adonnistrator or a similarly btled person who as responsible for the day-to-day operations of tbe ,&e financial officer ow similarly tided person who is responidsle for dea fiwacial operations of the pren-tder, rs, m of residential facibtacs, and %mlameers,and airy odw person.'webag emplayment vedle a prop,-der wto is expected to,or whws responsibilities y require bizo or her to,provideto chew foods, property,or Irving areas5 30. (1. ), , 023) As the duly anthortzedrepreseatative of; D te;vLces of Employer) Located at dl __iq.:.. 0' a Street address city, tate Ztp Code of Under penalty ., of ) hereby sweat or affirm&at the above-mmed employer is in comphance vnth the provmons. of chapter 35 tt .„, 2�f Sregarding lewel 2 background screttang Signature of Repxeaentstrve Date Form aa> lat-1 ,.,5j 4� Page 60 of 72 4690 Contract Number AA2529 ATTACHMENT F Alliance for Aging,Inc. Business Associate Agreement This Business Associate Agreement is dated I t-lda —, by the Alliance for Aging, Inc. ("Covered Entity") and Monroe County Board of County Commissioner., Solial Services/In-Home Services, ("Business Associate"), a not-for-profit Florida corporation. 1.0 Background. 1.1 Covered Entity has entered into one or more contracts or agreements with Business Associate that involves the use of Protected Health Information(PHI). 1.2 Covered Entity recognizes the requirements of the Health Insurance Portability and Accountability Act of 1996(HIPAA)and has indicated its intent to comply in the County's Policies and Procedures. 1.3 HIPAA regulations establish specific conditions on when and how covered entities may share information with Providers who perform functions for the Covered Entity. 1.4 HIPAA requires the Covered Entity and the Business Associate to enter into a contract or agreement containing specific requirements to protect the confidentiality and security of patients'PHI,as set forth in,but not limited to the Code of Federal Regulations(C.F.R.), specifically 45 C.F.R. §§ 164.502(e), 164.504(e), 164.308(b),and 164.3 14(a-b)(20 10) (as may apply) and contained in this agreement. 1.5 The Health Information Technology for Economic and Clinical Health Act(2009),the American Recovery and Reinvestment Act(2009)and Part I —Improved Privacy Provisions and Security provisions located at 42 United States Code (U.S.C.) §§ 17931 and 17934(20 10)require business associates of covered entities to comply with the HIPAA Security Rule, as set forth in,but not limited to 45 C.F.R.§§ 164308, 164.3107 164,312,and 164.316(2009)and such sections shall apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity. The parties therefore agree as follows: 2.0 Definitions. For purposes of this agreement,the following definitions apply: 2.1 Access. The ability or the means necessary to read, write, modify, or communicate data/information or otherwise use any system resource. 2.2 Administrative Safeguards. The administrative actions,and policies and procedures,to manage the selection,development, implementation,and maintenance ofsecurity measures to protect electronic Protected Health Information(ePHI)and to manage the conduct of the covered entity's workforce in relation to the protection of that information. 2.3 ARRA. The American Recovery and Reinvestment Act(2009) 2.4 Authentication. The corroboration that a person is the one claimed. 2.5 Availability. The property that data or information is accessible and useable upon demand by an authorized person. 2.6 Breach. The unauthorized acquisition,access, use,or disclosure of PHI which compromises the security or privacy of such information. 2.7 Compromises the Security. Posing a significant risk of financial,reputational,or other harm to individuals. 18 Confidentiality. The property that data or information is not made available or disclosed to unauthorized persons or processes. Page 61 of 72 4691 Contract Number AA2529 2.9 Electronic Protected Health Information (ePHI). Health infort-nation as specified in 45 CFR §160.103(1)(i) or(1)(ii), limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.10 ITECH.The Health Information"Technology for Economic and Clinical Health Act(2009) 2.11 Information System. An interconnected set of information resources under the same direct management control that shares common functionality. A system non-nally includes hardware, software, information, data, applications,communications, and people. 2.12 Integrity. The property that data or information have not been altered or destroyed in an unauthorized manner. 2.13 Malicious software. Software,for example,a virus,designed to damage or disrupts a system. 2.14 Part 1. Part I®Improved Privacy Provisions and Security provisions located at 42 United States Code(U.S.C.) §§ 17931 and 17934(2010). 2.15 Password. Confidential authentication information composed of a string of characters. 2.16 Physical Safeguards. The physical measures,policies,and procedures to protect a covered entity's electronic information systems and related buildings and equipment,from natural and environmental hazards,and unauthorized intrusion. 2.17 Privacy Rule. The Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. 2.18 Protected Health Information(PI-11). Health information as defined in 45 CFR§160.103,limited to the information created or received by Business Associate from or on behalf of Covered Entity. 2.19 Required By Law.Has the same meaning as the to "required by law"in 45 CFR§ 164.103. 2.20 Secretary.The Secretary of the Department of Health and Human Services or his or her designee. 2.21 Security incident. The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. 2.22 Security or Security measures.All of the administrative,physical,and technical safeguards in an information system. 2.23 Security Rule. The Security Standards for the protection of Electronic Protected Health Information at 45 CFR part 164, subpart C,and amendments thereto. 124 Technical Safeguards. The technology and the policy and procedures for its use that protect electronic protected health information and control access to it. 2.25 Unsecured PHI.Protected health information that is not secured through the use of technology or methodology specified by the Secretary in guidance issued under 42 U.S.C.section 17932(h)(2). 2.26 All other terms used,but not otherwise defined,in this Agreement shall have the same meaning as those to in the Privacy Rule. 3.0.Obligations and Activities of Business Associate. 3.1 Business Associate agrees to not use or disclose PHI other than as permitted or required by this agreement or as Required by Law. 3.2 Business Associate agrees to: Page 62 of 7Z 4692 Contract Number AA2529 (a) Implement policies and procedures to prevent,detect,contain and correct Security violations in accordance with 45 CFR § 164.306; (b) Prevent use or disclosure of the PHI other than as provided for by this Agreement or as required by law; (c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePFII that the Business Associate creates,receives,maintains,or transmits on behalf of the Covered Entity;and (d) Comply with the Security Rule requirements including the Administrative Safeguards,Physical Safeguards,Technical Safeguards, and policies and procedures and documentation requirements set forth in 45 CFR §§ 164.308, 164.3 10, 164.312,and 164.316. 3.3 Business Associate agrees to mitigate,to the extent practicable,any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 3.4 Business Associate agrees to promptly report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware.This includes any requests for inspection,copying or amendment of such information and including any security incident involving PHI. 3.5 Business Associate agrees to notify Covered Entity without unreasonable delay of any security breach pertaining to: (a) Identification of any individual whose unsecured PHI has been,or is reasonably believed by the Business Associate to have been,accessed,acquired,or disclosed during such security breach;and (b) All information required for the Volice to the Secretary of 111-IS of Breach of Unsecured Protected Health Information 3.6 Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from,or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. 3.7 If Business Associate has PHI in a Designated Record Set: (a) Business Associate agrees to provide access,at the request of Covered Entity during regular business hours,to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under 45 CFR§164.524;and (b) Business Associate agrees to make any amendment(s)to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR§ 164.526 at the request of Covered Entity or an Individual within 10 business days of receiving the request. 3.8 Business Associate agrees to make internal practices,books,and records,including policies and procedures and PI-11,relating to the use and disclosure of PHI received from,or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity or to the Secretary upon request of either party for purposes of determining Covered Entity's compliance with the Privacy Rule. 3.9 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 CFR§ 164.528, 3.10 Business Associate agrees to provide to Covered Entity or an individual, upon request, information collected to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528 and ARRA§ 13404. 3.11 Business Associate specifically agrees to use security measures that reasonably and appropriately protect the confidentiality, integrity,and availability of PHI in electronic or any other form,that it creates,receives,maintains,or transmits on behalf of the Covered Entity. 3.12 Business Associate agrees to implement security measures to secure passwords used to access ePHI that it accesses, maintains,or transmits as part of this Agreement from malicious software and other man-made and natural vulnerabilities to assure the availability,integrity,and confidentiality of such information. Page 63 of 72 4693 Contract Number AA2529 3.13 Business Associate agrees to implement security measures to safeguard ePHI that it accesses,maintains,or transmits as part of this agreement from malicious software and other man-made and natural vulnerabilities to assure the availability,integrity, and confidentiality of such information. 3.14 Business Associate agrees to comply with: (a) ARRA§ 13404(Application of Knowledge Elements Associated with Contracts); (b) ARRA§ 13405(Restrictions on Certain Disclosures and Sales of Health Information);and (c) ARRA§ 13406(Conditions on Certain Contacts as Part of Health Care Operations). 4.0 Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement or any related agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for,or on behalf of, Covered Entity as specified in any and all contracts with Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity, 5.0 Specific Use and Disclosure Provisions. 5.1 Except as otherwise limited in this agreement or any related agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.2 Except as otherwise limited in this agreement or any related agreement,Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person,and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 53 Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR §164.504(e)(2)(i)(B),only when specifically authorized by Covered Entity. 5.4 Business Associate may use PHI to report violations of law to appropriate Federal and State authorities,consistent with 45 CFR§164.5020)(1). 6.0 Obligations of Covered Entity. 6.1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR§ 164.520,to the extent that such limitation may affect Business Associate's use or disclosure of PHI,by providing a copy of the most current Notice of Privacy Practices(NPP)to Business Associate. Future Notices and/or modifications to the NPP shall be posted on Covered Entity's website at www.allianceforaging.org. 6.2 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR§ 164.522,to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 7.0 Permissible Requests by Covered Entity. Except for data aggregation or management and administrative activities of Business Associate,Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 8.0 Effective Date and Termination. 8.1 The Parties hereby agree that this agreement amends,restates and replaces any other Business Associate Agreement currently in effect between Covered Entity and Business Associate and that the provisions of this agreement shall be effective as follows: Page 64 of 72 4694 Contract Number AA2529 (a) These Business Associate Agreement provisions, with the exception of the electronic security provisions and the provisions mandated by ARRA, HITECH and Part I shall be effective upon the later of April 14,2003,or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI; (b) The electronic security provisions hereof shall be effective the later of April 21,2005 or the effective date of the earliest contract entered into between Business Associate and Covered Entity that involves the use of PHI;and (c) Provisions hereof mandated by ARRA, HITECH and/or Part I shall be effective the later of February 17, 2010 or the effective date of the earliest contract entered into between covered entity and business associate that involves the use of PHI or ePHI. 8.2 Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (b) Immediately terminate this agreement if Business Associate has breached a material term of this Agreement and cure is not possible;or (c) If neither termination nor cure is feasible,Covered Entity shall report the violation to the Secretary. 8.3 Effect of Termination, Except as provided in subparagraph(b)of this section,upon termination of this agreement,for any reason, Business Associate shall return all PHI and ePHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. (a) This provision shall apply to PHI and ePHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI and ePHI. (b) In the event that Business Associate or Covered Entity determines that returning the PHI or ePHI is infeasible, notification of the conditions that make return of PHI or ePHI infeasible shall be provided to the other party. Business Associate shall extend the protections of this Agreement to such retained PHI and ePHI and limit further uses and disclosures of such retained PHI and ePHI,for a minimum of six years and so long as Business Associate maintains such PHI and ePI-11,but no less than six(6)years after the termination of this agreement. 9.0 Regulatory References. A reference in this agreement to a section in the Privacy Rule or Security Rule means the section then in effect or as may be amended in the future. 10.0 Amendment. The Parties agree to take such action as is necessary to amend this agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule,the Security Rule and the Health Insurance Portability and Accountability Act of 1996,Pub.L.No. 104-19 1. 11.0 Survival. Any term, condition, covenant or obligation which requires performance by either party hereto subsequent to the termination of this agreement shall remain enforceable against such party subsequent to such termination. 110 Interpretation. Any ambiguity in this agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and Security Rule. 13.0 Incorporation by reference. Any future new requirement(s),changes or deletion(s)enacted in federal law which create new or different obligations with respect to HIPAA privacy and/or security, shall be automatically incorporated by reference to this Business Associate Agreement on the respective effective date(s). 14.0 Notices. All notices and communications required, necessary or desired to be given pursuant to this agreement, including a change of address for purposes of such notices and communications, shall be in writing and delivered personally to the other party or sent by express 24-hour guaranteed courier or delivery service,or by certified mail of the United States Postal Service, postage prepaid and return receipt requested,addressed to the other party as follows(or to such other place as any party may by notice to the others specify): Page 6S of 72 4695 Colitt'act Number A,A2529 To Covered Entity: Alliance for Aging,lne. Attention; Max.Rothman 760 NW 107 Avenue Miami.Florida 33t72 To Business Associate: ;Monroe County Board of County Commissioners,Social Services hi-Home Services 1100 Simonton Street,2;,a Floor Key West,FL '33040 Any such notice shall be deemed delivered upon actual receipt..t f any notice cannot be delivered or delivery thereof is refused,dehvery mill be deemed to have occurred on the date such delivery was attempted. 15.0 Governing Uaiv. the laws of the State of Florida, without giving effect to princip(es of conflict of la%Vs,govern all matters arising tinder this agreement. 16:0 Severability. if any provision in this agreement is unenforceable to any extern,the remainder of this agreement,or application of.that provision to any persons or circumstances other than those as to which it is held unenforceable,will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. iTO Successors. Any successor to Business Associate (whether by director indirect or by purchase; pierger, consolidation, or otherwise)is required to assume Business Associate's obligations under this agreement and agree to perform"them in the same manner and to the same extent that Business Associate would have been required to if that succession had not taken place. This assumption by the successor of the;Business Associate's obligations shall be by written agreement satisfactory to Covered Entity. 18.0 Entire Agreement. This agreement constitutes the entire agreement of the parties rielati,ng to the subject ivauerofthis agreement and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit tire amendment of this agreement in accordance with section 10.0 ofthis agreement. Co.veredEittity: Alliance for Aging,Inc. fax B rPthff& Jan 6,2025 ay,M,.a qo1} ,;Io 4,25251/:ii can Date: (Signature) business Associate;Nfooroc County 130at-d of County Coin rnissiiiOrs,Social Servteeslln-Ileme Services. . h i t! e ( 1 u C��y Digitally signed by Christine Hurley Date:2025;01:02 14:10:22-O5'00' By Date: (signature) Board of County Commissioners Attests €Kevin Madrjk., Clerk of Monroe County„Florida /I t s Deputyr r erk _# t r R 4 Mayor Jam s K. chol( � r z Y day ta,l'R411ofm.4.4�� t . �" ;s S •_a — I A MC, ntY rlltorcxy 1. .Darr. 1.127124 Page 66 of 72 1 4696 Contract Number AA2529 ATTACHMENT G Alliance for Aging, Inc. Aging and Disability Resource Center/Elder Helpline AGING AND DISABILITY RESOURCE CENTER(ADRC)—OUTSOURCED FUNCTIONS 1. If applicable,the provider agrees tothe following: A. Perform ADRC outsourced functions in accordance with the Alliance's policies and procedures. i. Policies and Procedures for Outsourced Function-Screening ii. Policies and Procedures for Outsourced Function-Triage iii. Policies and Procedures for Activation from Waitlist-Client Services iv. Policies and Procedures for Tennination from Waitlist-Client Services B. Maintain wait lists in eCIRTS in accordance with DOER requirements. C. Adhere to prioritization and targeting policy as set forth in the Handbook,as applicable. D. Ensure the Provider's Disaster Plan reflects ADC Outsourced Functions, annually or as needed to incorporate ADRC outsourced functions. E. Ensure against conflicts of interest and inappropriate self referrals by referring consumers in need of options Counseling or long-term care services beyond the provider's scope of services to the Aging and Disability Resource Center. F. Ensure that services provided are in the clients' best interest, are the most cost effective, of high quality, and are responsive and appropriate to the assessed needs. The Assessed Priority Consumer List(APCL)is maintained when services funded by the department are not available. Contracted Providers of registered services for Local Services Program (LSP) and Older Americans Act (OAA) MUSt maintain waiting lists in the eCIRTS database for registered services when funding is not available. Page 67 of 72 4697 Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Outsourced function—Screening Creation Date- March 5,2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that a comprehensive list of clients in need of services is maintained in eCIRTS by appropriate funding source and that the ADRC is thereby able to effectively gauge the level of elder service need in (Miami-Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in detennining level of need and eligibility for registered services funded through OAA and LSP programs. Procedure: I. Providers will collect information from callers and conduct a 701S assessment, Alternatively, if a 701 A(B) assessment already exists or is provided from another Provider the information from the 701 B can be utilized. 2. The Provider will determine the services needed and the appropriate funding source(s)that provides the needed services. If the caller is in need of a service(s)that is not provided by the Provider,the Provider will refer caller to the ADRC Elder Helpline,as well as,to other contracted Providers and community organizations. 3. The caller will be provided with general information regarding the ADRC as well as the ADRC Elder Helpline contact number. 4. The caller will be informed of the services and funding Sources that they are being placed on the wait list for in ec I RTS. 5. For non-case managed programs, the Provider will create a client record in eCIRTS (if there is no existing record)and enter the services needed for the caller by funding source and service. [if there is an existing record in eCIRTS,the appropriate fields will be updated]. 6. If the Provider determines that the caller may qualify for more than one program for which the Provider is funded,the Provider is encouraged to enter the appropriate information Linder multiple funding sources.[if there is an existing client record in eCIRTS, the client record in eCIRTS will be updated with appropriate information]. 7. The Provider will inform caller that they will receive an annual re-assessment based on DOEA Wait List Reassessment Standards and encourage caller to contact the ADRC Elder Helpline with any questions. Page 68 of 72 4698 Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider el line Policy and Procedure for Outsourced function®Triage Creation Date: March 5,2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that clients in need of DOEA funded services receive services based on the highest level of need, first,as funding becomes available. Policy: To assist clients in obtaining DOEA funded services as funding becomes available,based on level of need as determined by an eCIRTS priority score, Procedure: I, The Provider will conduct annual reassessments based on DOEA Wait List Reassessment Standards. 2. If there is no Current 701A or B in eCIRTS, the Provider will conduct the annual reassessment (701s) as appropriate. Based on the information provided via the 701 S/A(B)assessment,the Provider will update the client information in eCIRTS specifically as it pertains to level of need for services by funding source. 3. The Provider will ensure that the eCIRTS prioritization score is accurately maintained, according to DOEA Standards. If a significant change has occurred prior to the annual re-screening, the Provider must re-screen. Definitions and examples of significant change are documented in the DOEA Programs & Services Manual Chapter 2. 4. If the caller is in need of a service(s)that is not provided by the Provider,the Provider will refer caller to the ADRC Elder Helpline,as well as,to other contracted Providers and community organizations.The caller will be informed of the services and funding Sources that the wait list for and/or have been removed from the wait list for. 5. The Provider will remind client of the ADRC Elder Help Line contact number and to contact the ADRC Elder Help Line with any questions or concerns. 6. As funding becomes available, the Provider will run the eCIRTS Prioritization Report and activate clients according to DOEA Standards (refer to ADRC Client Activation Policies and Procedures). The Contracted Provider will apply targeting criteria,as appropriate,to prioritized clients to ensure activations meet programmatic requirements. Page 69 of 72 4699 Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Activation from Wait List®Clients/Services Creation Date: March 5,2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that elders in need of DOER funded services in Miami-Dade and Monroe Counties and on the eCIRTS wait list begin to receive services as funding becomes available. Policy: ADRC will work with Providers to ensure that clients waiting for DOER funded services begin to receive those services as funding becomes available. Procedure: 1. The Provider will activate clients on the eCIRTS wait list based on DOER prioritization polices and funding availability. 2. The Provider will update eCIRTS status by funding Source and service for any services being activated for the client using appropriate eCIRTS codes. 3. Client may be left on wait list of a different funding source than the one being activated if the Provider determines that it is appropriate. 4. Client may also be left on the wait list in eCIRTS if they are being activated by the Provider Linder a temporary non-DOER funding source and the Provider determines that the client's need will persist after the temporary funding source is exhausted. 5. The Provider will inform the client of any services/funding source that they are being activated for as well as those services and funding Sources that they will continue to be wait listed for. 6. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding the status of any of their services. Page 70 of 72 4700 Contract Number AA2529 Alliance for Aging, Inc. Aging and Disability Resource Center/Eider Helpline Policy and Procedure for Termination fro m Wait List—Clients/Services Creation Date: March 5,2008 Revision Date: October 2019 Review Date: November 2023 Objective: To ensure that the comprehensive list of clients in need of services in eCIRTS is appropriately maintained by funding Source and that the ADRC is thereby able to effectively gauge the current level of elder service need in Miami-Dade and Monroe Counties. Policy: ADRC will maintain an acc►►rate and current list of clients in need of elder services in Miami-Dade and Monroe Counties with the assistance of the ADRC Contracted Providers. Procedure: I. The Provider will re-screen clients which the Provider initially placed on the eCIRTS wait list for services based on DOER Reassessment Standards. 2. The re-screening may be in the form of a phone screening or a home visit depending on the client's status (i.e. active/pending) 3. The Provider will determine if the client is no longer in need(or eligible)for any of the services they were wait- listed for. 4. The Provider will terminate the client from the wait list (entirely or by specific service) using the appropriate eCIRTS tennination code for any services or funding Source for which the client is determined to no longer be eligible for or no longer in need of 5. The Provider will inform the client of any services/funding source that they are being removed from the wait list for. 6. The Provider will inform client of their ability to be re-added to the wait list if their level of need should change. 7. The Provider will inform client to contact the ADRC Elder Helpline if they have any questions or concerns regarding their wait list status. 8. Reference the Handbook as applicable. Page 71 of 72 4701 Contract Number AA2529 ATTACHMENT H CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMBE FORM) C,WRE f'OR,11,1111ST,,ICCO,ttf]A.N')'I,\'101(,ES S1 RVITTLD 70 ALLIAACE PROVIDER: CONTRACT NUMBER: *REPORTING PERIOD-FROM: TO: -(DATE RANGE OF RENDERED SERVICES,MUST MATCH INVOICE SUBMITTED) COA TJCT DOEII 01BE COORDINA SUBCONTRACTOR NAME SUBCONTRACTOR'S CARE EXPENDITURES f EID . . ............................................................... . ........... ..................... .......... . .................................. DOER USE ONLY REPORTING ENTITY(DIVISION,OFFICE,ETC) SEND COMPLETED FORMS VIA INTEROFI ICE MAII,TO:RJS'I IN TAYI,OR CMBE COORDINATOR,(."ON'I'RAC'I'ADMINIS'I'RA'I'ION&PURCHASINGJALI-AHASSFE.FI,ORIDA 32399-7000. If unsure if subcontractor is a certified rninority sty gjigL_click©n jt!j�Lerlink below.Enter the name of tliq_Lqq_tier click "search".OnI3�Certifjed�Minoriit�Busin�essEnti�tieswill be�dis la�ed. hit d d�rnsm flor�ida.coi�i�i/d�iirec�tor�ie,i [\'STR(JC_770�\S (A) Enter the provider name as it appears on)our Alliance contract. (B) Enter the Alliance contract number. (C) Enter the service period matching the current invoice's service period. (D) Enter all certified minority business expenditures for the nine period co%ered by the invoice: I. Enter certified minority business name. 2. Enter the certified minority business FEID number. 3. Enter the certified rninorit) business CMBE number, 4. Enter the amount expended%%ifli the certified minority business for the time period coNered by the invoice. (E) CMBE be form must accornpan) in®'dice submitted to the Alliance for processing. Page 72 of 72 4702 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 26, 2025 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: February 19, 2025 BOCC Meeting The following item has been executed and added to the record: C7 Amendment No. 001 to Contract AA-2529 between the Alliance for Aging, Inc. ("Alliance") and Monroe County Board of County Commissioners to increase the Older Americans Act Nutrition Services Incentive Program (OAA NSIP) grant amount by $23,560.00, bringing the overall total grant amount from $719,281.00 to $742,841.00 for the contract period of 1/01/2025-12/31/2025. Once ratified, the Amendment will be retroactively effective as of January 30, 2025. 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 4703 AMENDMENT 001 CONTRACT AA-2529 Page 1 This Arncndment entered, into bctwccn the Alliance for Aging,[nc.(Alliance)Monroe County Board of County Commissioners,Social Services/In-Home:Services,(Provider). collectively referred to as the"Parties"hereby amends contract AA-2529 The purpose of.this Amendment is to add NSIP funding to contract AA-2529 Contract amount The Alliance agrees to pay forcontracted services according to the terms and conditions of this contract in an amount not to exceed$742,841,00 subject to the availability of funds. 1. ATTACHMENT 11,Exhibit 2 is hereby replaced 2. ATTACHMENT VIE, CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE is hereby replaced.(Service Units and Funding changes are highlighted) All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment: This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY rw '*t COMMISSIONIERS,SOCIAL a t ' SERVITESIIN=HOME SERVICES ALLIANCE FOR AGINGii Christine N 'r y1i ' t pate 20250t 29 SIGNED BY:Hurley ,so2:20-0SQtP SIGNED BYe^tAtarasIlOSCS�>SEAE ^ ' 'Christine Hurley NAME: NAME: ,MAZ B. ROTHMAN.JD, LL.M. County Administrator TITLE:.N_ _. ,.. TITLE: PRESIDENT AND CEQ DATE; DATE DATE: Jan30,2025 ®igitally slgnW by Eve Eve M.Lewis Date:2Q25A1.29 r'!' tom!tiil ' �' Approved for form and legal sufficiencyw Eve M.Lewis,Assist n Attest: Kevin Madok�Clerk € s� ° t C n ttorne �'v4vvVYYVc o x BY: ~��,�1 mes K. Scholl;Mayora � AR/Deputy Clerk 4704 AMENDMENT001, CONTRACT AA-2529 Page 2 A,rTACHMEN'r II I FINANCIAL, AND COMPLIANCE Auii)i,r ATIll-ACHMENT EXIA11BIT 2-FUNDING SUMMARV Tifle 2 C 'edcral Programs and State Projects included in F1R.§200.3311,asivyiscd, and s.2115.97�F.S., requirc that infixinhafionahout F AT.'F CIIIMEN-11- H., Exhibit I he provoded to the reCjPjeaL,rFJJe informadon contained is as Ipiredilctiiuunn of hinding soumes and related amounts hased on the cornrw lbudget. I. FEDERAL RESOURCES AWARIDEDTOTIFIE SUIBRI-I"CIPI F"NTPURSUANTIOTI I IS CONTIRACTCONSIST Or' THE FOLLOWING� .....................................................................................................................................PROGIRA'M TITILIF', FUNIDIING SO[ RC E IC�FD A AMOUNT ..............�5.................................................................................................................................................................. Tiller Americans Act 930 el[113- U.S.11-leall th and Hun unin Scr%ices 91044 $69.211.00 S 2aices ............................................................ ................................................................................ Older Airucricans Act rrilIC IIICI .... '01ri ire'ate Meals U.S.11 icalth and I luman Services 93.0,15 $138.000�00 ... . ................................................. Older Aiinericans Act, Ti0c IIlC2 I-lome Delivered Meals U.S.I lealth and I luman Services 93.0,15 $238.000.00 Older Americans Act U.S. Health,and I luman Ser%ices 93.0,13 $29.,450.00 `ride HID ..............611.,.r................................................................................................................................................... .................................................... Arnericans Act $136.260.00 Title IIIIE-Carcgiver Support Services U& 11 lealth algid 11 luman Scars ices 93,052 SX000 00 Title IFIEG Caregiver Support Services $78.360.00 'I ide 1111 ES C give S pp ............5................................................ ........... 2_2�, �I[yjc.es.............. Ider Americans Act U.S. 11 leaagth and I lurnan Services 93,053 S23,560.00 ..............N . u!rilio.n !n..c..e..n.!.i..v.e PI-o.SM2i.................................................................................... ..... .......... .......... ...... ........ TOTAL FFDERAL AWARD L2= COMIPILIANCE REQUI RE MEN-11-S AP111ACABLE 1-0-1171 IF`FEDERAL RESOURCIFS AWARIDE.117.)PURSUANT TO TH IIS CON]RAC I ARF'AS FOLLOWS: 2 CFR Part.200-Unifbirim Administrafive Requireii-nents. Cost 111ranciples. and Audit Requirements lbr IFederall Awwds.OM13 Circular A-g 33 -AudiilN of States.Local Governitnents., and Non-Profn Organizations 2. S]A 8 1; R]..'SOURCES AWARDED"l-O"I'l-991 RECI PILN r PURSUANTTO I'll IIIS CONTRACT CONSIST OFTFIF FOLLOWMG: M A I CI I ING RESOUCES FOR IFEDLIRA L PROGRAMS PROGIRAMT11TILF.�'. FUNDING SOURCIF L( ............................................................................................. � I FDA AMOUNT............................................................... ................. TOIA1. STATEAWARD ..............................................I............................................................1-........................................................................................................................................................................................................................................ SI A I L FINANCIAL ASSri-ANCIF S4D1FU1FCT TO sec.2115 97.IFS. .................— PROGRAM Y11 H.Jl lUNIDING SOIUIIRCI.� CFDA AMOUNT ............................................................... ................................................................ ............................................................... T4' IA1 AWARD .............................................. COM PIL I ANCE REQUI REM EN-11'S APIP11,ICAB 11,F--,-9.0 S I A1 F"RFSOU RC ES A WA IRD I'D PU RSUAN-I rO-11111 IS CONTIRACTARE AS IFOLILOWS; SCLfion 2 17.97,IF.S., Chapteii 691-5, EA.C., Reference Guiidc fear State ExpendiwTes.Ocher fiscal Fequimments set forth in program b &l� rules and iregulaflons. 4705 AMIENIDW-Wrom CONI'RACTAA-2529 Page 3 ATTAOICNIFNI'Vil CON'rIIIIACT WIDGIET St'MMAk%' RVSEIR%lCL ANDTITLE eORTS SUMMARY FOR THE AGENCY Ile kin A colau v%Vidp 1,06al j, Rfl ion B i Mollmum madbunum ma6mum NW immom I'mi I'mBram Smices Eo The ProvidLd .w Unlifis 09 %laximum oludos of hinflunum Illmh%of Slag' kJohs of !Slayainum muumwuaVgm l RhAt Rato SeraUem Doloan Dotomm emUem IDWIlan Dafism -------- ------------ 59 224R00 --------------------------- —4 2,%3B Ev.w S 2585 87 2,24000 2,24000 1171 S 4,00 00 2,13B 15 3900 36 E.2 -- , 0--. 362 S....... ... ..... .. 20,ul(3 . _2A3B OlersTmW Cafe S 4500 306— ----U 3,760 W 306 S 1336000 ..... ....._ mi i-- ----- --- OA35 Saverimg&Assessawa 90 l S 00 N ----- ------ 2,605.50 29 S 2,60.550 5s S 5.,',II11 00 77—t $.-uo 6 6,�5 0 W 7 7 7--,,,,—,,, —S �5 00 ------ i Lit---i_LLam n�l 1: S S 21 C—I EEaE�� S 1500 50 7-750-00 —1 W S—L!Cllll(0-2HC I F rmr nevOme tc,Aeak 15 15 00 P LB A Nwmm Fducamn "5-7-5 ED 3 S 133 300 OD 267 —Swu 0'I 3 00 W OO 6 S 600100, O.W.k (Wgrepte ;Wrcenlxlg 15 4SOO 33 Imumo 33 S 0,500.00 "d Nopa6 S-1000 —110,711 —10147(XI) —7 1237100 .23,059 7�T-" Homp Delaffe Flowul 02,348 , J(1584 00 �7 ._____...._______.. —————------------ - 2 EEMLC���—Sr,IX) ------- 61 ------------------ 12,17 XV 00 F)K'! Nwoon ExJmawsw S i 25 133 3091K) Pa 311 7-0000 —--------T-------- ------- ----------- 3E Mown Coaanwhn 9500 .30i W) 4 S 400.00 .1 5 la)00 ... ---------------- — -------------------- W2 Screening&Assessnienk S W 21 00 25 S 222300 '06 S 4.Q U6 00 S 160 2-1,0MAJ 1q) S LIA ID Owc:Dmaw SiArMaympment 5 2,6M 67 - .1 S 2 —5,4SC1 W—1 --�15,M F OM E 2W 00 110 22,02000 flU97 S 22,020.00 - n 1, S 44,040 W ------------------- .2AJE ESjEE±j22M__L, •B,(KI 31 S 615 S 2.950)W,__.L -------------------- '.')A 3 F L*pft Porky 22 133 5 32 WO 60 LH I' I��IM 00.......... (WE S"mnmgt,,Assmunew 01 9%lK) 7 $ 66400 F, S 0,660 00 i110 ml, — ±),%3LG sluep S S 22:1 $7 10,000W 4.1MI1:3 Fkwie mAwre(J."t.eak S 0000 S 2000, 20,0¢)o a) 2,000 S 20,000 w 77305 —Chowe _S40(V S 500 20,00000 UKP $ 20fflao(w ———-------------------- ----------------- 'k 3 a,, ll."idmmed OR"t 45 M- S - 061 7,250A) w S 1,2y.)00 ——-------------------- --------------------- OAMES 'Amenallide Cm Relmh i - -------------V s,Ow w. S 15,8m M. OA3ES Hlous Int nmemeni ('Tim lRq"gnb S 11 SAX)flo� S BAN)00 Elk i--rol !1 1111 1 ''1 S 211,11000 (3:1111 32,72,21 S 215"W 4706 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 23, 2025 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: April 16, 2025 BOCC Meeting The following item has been executed and added to the record: C3 2nd Amendment to Contract AA-2529 between the Alliance for Aging, Inc. and Monroe County Board of County Commissioners to increase grant funding by $210,000.00, bringing the overall total funding amount from $742,841.00 to $952,841.00 for the contract period of 01/01/2025-12/31/2025. Once ratified, Amendment 4002 will be retroactively effective as of March 21, 2025. 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 4707 AMENDMENT 002 CONTRACT AA-2529 Page 1 This Amendment entered:into between the Alliance for Aging,Inc.(Alliance)Monroe County Board of County Commissioners,Social Services/In-Home Services, (Provider);collectively referred to as the"Parties"hereby amends contract AA-2529 The purpose of this Amendment is to add $105,000 of II113 funding for the In=Home Bundle in both Region A and Region B.This funding increases the total Contract funding by$2.10,000, Contract Amount The Alliance agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed$951,841.00 subject to the availability of.funds: 1. ATTACHMENT II,Exhibit 2 is hereby replaced 2. ATTACHMENT VII, CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE is hereby replaced. (Service Units and Funding changes are highlighted) All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform with this amendment- All provisions not in conflict with this amendment are still in effect and are to be performed at level specified in the contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF,the Parties hereto have caused this contract,to be executed by their undersigned officials as duly authorized: NAoE CotJVY ICTTORNEY RdVt`c Fay PE b MONROE COUNTY BOARD OF COUNTY Asst Nnr ATMFWEY COMMISSIONERS L,SOCIA Date 3/21/25 SERVICESAN-HOME SERVICES ALLIANCE FORAGING,INC. SIGNED BY: SIGNED BY Max a.Rothman{Mar 21,2625 13:U5�bFp Digitally signed 1 NAM .,rh. nn NAME: MAX B: ROTHMAN,dD,LL.1yI,! rn . Hurley - TITLE TITLE PRESIDENT AND CEO • PV Bate-M a_ 09:10:19-04'00' F,;, -o DATE: rDAT ' r fi21, 2025 : N A(ttes 1 '1n ;.Radok, Clerk WMay k—farnes K. Scholl,Mayor � a iAs � t lerk 4708 AMENDMENT 002 CONTRACT AA-2529 Page 2 ATTACHMENT II FINANCIAL, AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT 2-FUNDING SUMMARY Note:Title 2 CFR§200.331,as revised, and s.215.97,F.S.,require that information about Federal Programs and State Projects included in ATTACHMENT II, Exhibit l be provided to the recipient.The information contained is a prediction of funding sources and related amounts based on the contract budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT Older Americans Act U.S.Health and Human Services 93.044 $279,21 I.00 Title IIIB—Support Services Older Americans Act U.S.Health and Human Services 93.045 $138,000.00 Title IHC 1—Congregate Meals Older Americans Act U.S.Health and Human Services 93.045 $238,000.00 Title IIIC2—Home Delivered Meals Older Americans Act U.S.Health and Human Services 93.043 $29,450.00 Title IIID Older Americans Act Title IIIE—Caregiver Support Services $130, 0.00 U.S. ealth and Human Services 93 000.00 Title IHEG--Caregiver Support Services . .052 $ , Title III ES—Care fiver Support Services $78,360.00 Older Americans Act U.S.Health and Human Services 93.053 $23,560.00 Nutrition Services Incentive Program TOTAL FEDERAL AWARD $952,841.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200-Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.OMB Circular A-133-Audits of States,Local Governments,and Non-Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOUCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSITANCE SUBJECT TO sec.215.97 F.S. PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE: Section 215.97,E.S., Chapter 69I-5, F.A.C., Reference Guide for State Expenditures,Other fiscal requirements set forth in program laws,rules and regulations. 4709 S 8 81 1 ell H4A HHHHHHHH 8 HHHHH HH H H HH H F. N � � titer 1'- N ® �, M W Y ® � oG SIN x 15 N N N ^ N IV W H N ----------- tao U ® .k t1 ! B 1 I I 1 Y I 1 1 o a I�f ^ n r+1 m '°t rRC1wwe� ®j r In vl d M ® H H H H H H H H H H H H H H H H H H H H H u Vy N 6 1 1 r+ N 1 I 1 I e o d PI _ i 8 S S h ® 25F ��, n M M 1!}. ^a M CAI N N M d [C~•1 H Pill v9 evryy ��77 Y N _N_�t . d .6 w w I V1l�$ 4 H h h W1 N Yd VY Ire [V W ' ® ^ ItY V1 O VS . 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I 1 1 1 1 1 1 1 I 1 1 I I 1 L I 1 1 1 1 1 I 1 1 I tl 1 I 1 1 1 1 1 I 1 1 1 I t 1 1 1 1 1 I I 1 1 I 1 ~_ fn ® SSII 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 I I 1 1 1 I 1 I 1 1 1 1 I 1 1 1 I 1 I 1 1 1 1 I 1 1 B I 1 f t 1 1 1 I 1 1 I 1 1 1 1 I 1 1 1 f 1 I 1 1 1 1 I 1 1 1 t 1 1 I 1 1 1 1 1 I 1 1 1 I 1 I 1 1 1 1 I I 1 1 1 I 1 I 1 1 I 1 J 1 I 1 1 1 I 1 1 1 1 1 1 CL J 1 1 I 1 1 I 1 1 1 1 I 1 1 B 1 1 1 cu 1 1 1 1 1 1 1 1 1 L-1 CI 1 �1 CI 1 �1 C I 1 1 Lys I 1 01 1 1 01 �/ 1 01 �1 1 1 V11 1 1 1 I I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 m I 1 1 1 I 1 1 01 1 1 01 I 1 1 I 1 1 1 1 1 / 1 1 I 1 1 I 1 1 1 1 1 1 1 1 11 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A 1 1 1 1 1 I 1 I 1 1 1 1 1 I 1 1 1 I 1 I 1 1 1 1 1 (U 0 Q) 1 1 1 1 I 1 I 1 1 I 1 1 ,.,,.✓ "m 1 f 1 1 I 1 I 1 I 1 1 1 1 I 1 1 1 1 1 1 I 1 1 1 Q) Q) 1 I 1 1 f 1 1 1 I 1 1 1 I I 1 1 1 I 1 1 1 1 1 1 tl I 1 1 1 I 1 1 1 tl 1 1 1 1 1 1 1 I 1 1 1 1 1 1 Q) Q) 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ii Y 1 1 1 1 1 1 1 1 1 1 1 1 �„..• 1 1 1 1 1 1 1 I Htl 1 1 f /p 1 1 I 1 1 1 1 11 1 1 I ! m 0 1 1 B 1 1 1 1 1 A 1 1 1 1 1 r 1 1 1 1 1 1 ,� 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • ® ..-+• 1 1 1 1 1 1 I / 1d l 1 1 1 1 1 w '. d-+ '' 11 v � � 1 1 1 1 1 1 1 1 1 1 I 1 41 1 1 n ul i i i i i i i ® 2ti i i i i di i I. 0i i i di i i i CL L L I 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 1 1 1 1 41 1 1 1 aj l 1 1 Qf 1 / 1 1 1 1 1 - •• "Ww„ '� M®.I W 1 1 1 I 1 1 1 I 1 1 1 , �M m ��i �ii� C �w,„, �1 1 1 I DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 6/10/2025 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Maggie Glenn Aris Insurance Group PHONE FAX 3900 Hollywood Blvd A/C No Ext: 954-323-0355 A/C,No):954-906-1499 E-MSuite PH-5 ADDRESS: maggie@arisrisk.com Hollywood FL 33021 INSURER(S)AFFORDING COVERAGE NAIC# License#:L108602 INSURERA: Century Surety Co 36951 INSURED STAROFT-01 INSURERB: Star Insurance Company 18023 Star Of The Sea Foundation 5460 Maloney Avenue INsuRERc: United States Liability Ins. Key West FL 33040 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:652217644 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y CSP0986759-02 1/31/2025 1/31/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ B AUTOMOBILE LIABILITY CSA0986759-02 1/31/2025 1/31/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR CSU0986759-02 1/31/2025 1/31/2026 EACH OCCURRENCE $1,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$1 n nnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Directors&Officers Liability ND01583906D 8/16/2024 8/16/2025 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is added as an additional insured in regards to General and Auto Liability when required by written contract with named insured. P 16X 7 8Y-_ ... 624.25 DATE___ . ...... WAW N -- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4712 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 3, 2025 TO: Cathy Crane, Director Community Services ATTN: Lourdes Francis, Sr. Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: June 18, 2025 BOCC Meeting The following item has been executed and added to the record: C27 7th Amendment to the Agreement between Star of the Sea Foundation, Inc., a non-profit organization, and Monroe County Board of County Commissioners of Monroe County, Florida(for the provision of Congregate and Home Delivered Meals throughout Monroe County) to provide that the term of the agreement commenced on January 1, 2025 and will terminate on August 18, 2025, or if earlier, the date that the BOCC votes to approve a new vendor (through the award of a new contract)pursuant to the pending Monroe County Request for Proposals (RFP-592) for Food Service Meal Catering (Senior Nutrition Program). This 7th Amendment is retroactively effective as of December 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 4713 7*AMENDMENT TO AGREEMENT Monroe County Nutrition Program 18thThis 76 Amendment to the Agreement C71h Amendment" or "' nsiorn" is entered into s of June,2025,by and between the Board of County Commissionersof Monroe County,Florida, a,politicalsubdivision of the State of Floridawhose address is 1100 Simonton Street,hereinafter called the County,and Star of the Sea Foundation, Inc., a Floridation hose mailing address is 5640 MaloneyAve, Ike orida hereinafter contractor. WUNESSETH VVHEREAS,the parties entered into an agreement dated July 17,2019, for provision of ells for the Monroe CountyNutrition Congregate and Home Delivered Meals program operated by the ;and t.EAS,the original agreement and the subsequent six ter betweeninto the County and the Contractor,and we hereby ratified and confirmed as reflective of the ro intent to continueits contractualrelationship d conditions establislied therein; d WEEREAS, the parties desire to make this t retroactively eflecUve to December 31, 2024, and to extend the term of the Agreement that would haven n December1, 2024 to a new termination date of August 1 , 2025 or until the Board of County Commissioners votes to approve a new vendor e award of a new n t to Countythe pending Monroe st for Proposals - 9 ) for Food Service (Senior Nutrition o ,whichever comes first;and NVEEREAS, the parties desire to adopt this t on the basis dW an emergency ion is required to ensurecontinuity of services duringe competitive solicitation s that is currently underway. THEREFORE, in nsid tion of the following u b eFrts, partiesthe follows: Sectionw The recitations refeired to above are true and correct, and are hereby adopted and incorporated as if set forth in full. The parties seek to describe changes in the existing agreement`in following ® 1)words in strike through type are deletionsexisting text,2) words in underline e are additiomto existing text,andasterisks( )indicateexisting text not shown- . I For purposes of an emergency extemon, this 7h Amendment to the Agreement between Monroeo d Star of the Sea Foundation, Inc., as previously amended,is retroactively effective as of December 31,2024. 1 4714 Section 3. The parties hereby replace and supersede,in its entirety,Paragraphs 6-A.and B:;of the Agreement,with the below language to read as follows: 6:TERM OF CONTRACTMENEWAL A. The Agreenienf shall eominenee on Jhgon 1 2025 and mrnainate as of AUM 18,2025 however,if the Beard of Count:Commissioners votes:to aparm a nerra vendlar Ohj2j Q the award of a new contractl pursuant to the pending 'Monroe Couh RMM—t for Frn (RPP 592�for Foul Service 11+Iea1 Catering( einr Nu6rition ProtT. then the date tlsat h new 2025 shall be the date: fat this Agreement terminates No u*er notice of cancellation of this Agreement is required:such termination as described herein shall be automatic and self-eectastin B. Reserved. ggden 4. All o6w terms and conditions of the. agreement dated July: 17, 2019, as amended by each of the six(6)amendments thereto; not inconsistent herewith, shall remain in full force and effect. BOARD OF COUNTY COMMISSIONERS Att sl TN MADOK,CLERK OF MONROE COUNTY,FLORIDA l �a EE rW n' DO uty ClericBY- ycw James K.Scholl a Approveda$to legal form&sufficiency: Eve M. LewisIA Eve M.Lewis Assistant County Altaaney STAR OF THE SEA FQVNVA'TIi?N INC. Byi PresidenYor Designee . �V 2 4715 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 6/10/2025 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Maggie Glenn Aris Insurance Group PHONE FAX 3900 Hollywood Blvd A/C No Ext: 954-323-0355 A/C,No):954-906-1499 E-MSuite PH-5 ADDRESS: maggie@arisrisk.com Hollywood FL 33021 INSURER(S)AFFORDING COVERAGE NAIC# License#:L108602 INSURERA: Century Surety Co 36951 INSURED STAROFT-01 INSURERB: Star Insurance Company 18023 Star Of The Sea Foundation 5460 Maloney Avenue INsuRERc: United States Liability Ins. Key West FL 33040 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:652217644 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y CSP0986759-02 1/31/2025 1/31/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ B AUTOMOBILE LIABILITY CSA0986759-02 1/31/2025 1/31/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR CSU0986759-02 1/31/2025 1/31/2026 EACH OCCURRENCE $1,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$1 n nnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Directors&Officers Liability ND01583906D 8/16/2024 8/16/2025 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is added as an additional insured in regards to General and Auto Liability when required by written contract with named insured. P 16X T 8Y-_ ... 624.25 DATE___ . ...... WAW N -- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4716 ,—. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/02/2025 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(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC/PAC PHONE (877)266-6850 FAX (585)389-7894 76250885 (A/C,No,Ext): (A/C,No): 225 KENNETH DRIVE STE 110 E-MAIL ADDRESS: ROCHESTER NY 14623 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hartford Fire Insurance Company 19682 INSURED INSURER B: STAR OF THE SEA FOUNDATION INC INSURERC: 5640 MALONEY AVE KEY WEST FL 33040-5983 INSURER D: INSURER E: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- JECT POLICY PRO- LOC PRODUCTS-COMP/OPAGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO 1ry BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS AUTOS � a BODILY INJURY(Per accident) HIRED NON-OWNED -. ��- �.;, PROPERTY DAMAGE AUTOS AUTOS 7 2 25 (Per accident) UMBRELLA LIAB OCCUR WAW EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT $100,000 A PROPRIETOR/PARTNER/EXECUTIVE N/A 76 WEG BM3TBL 12/31/2024 12/31/2025 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1 OO,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Commissioners BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 1100 SIMONTON ST IN ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4717