HomeMy WebLinkAboutItem Q01 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: Q1
26-32181
BULK ITEM: Yes DEPARTMENT: Community Services
TIME APPROXIMATE: N/A STAFF CONTACT: Cathy Crane
AGENDA ITEM WORDING:
Ratification of Amendment No. 1 to the Agreement between Star of the Sea Foundation, Inc. (SOS)
and Monroe County Board of County Commissioners (Monroe County Community Services
Department- Social Services) for the provision of Congregate and Home Delivered Meals throughout
Monroe County to exercise the first of five renewals for a new contract period starting on 07/01/2026
and ending on 06/30/2027, to reduce the meal rate by $2.00 per meal ($9.00 per meal to $7.00 per
meal), and to add a new state-mandated contract provision. Funding is through the Older Americans
Act and 10% County match.
ITEM BACKGROUND:
In July 2025, the BOCC awarded a primary contract for Food Service Meal Catering for the Senior
Nutrition Program to Star of the Sea Foundation, Inc. (SOS). This contract was competitively
procured through formal solicitation (a request for proposals). The contract allows for five (5)
additional one (1) year renewals. This Amendment No. 1 exercises the first of five renewals, adds a
state-mandated contract provision pursuant to Section 287.139, Fla. Stat., and clarifies pricing per
unit to reduce the unit cost per meal. Through successful negotiations, the parties agreed to reduce the
contracted meal rate by $2.00 per meal bringing the per meal cost down from $9.00 to $7.00, starting
as of July 1, 2026, concurrent with the renewal term.
To ensure continuity of services, and consistent with the signature authority vested in the County
Administrator pursuant to the County's Ordinances and Purchasing Policy Manual (County's match is
$100,000 or less), the Amendment No. 1, exercising the extension, was executed prior to the
expiration of the initial term. Through this item, the Community Services Department currently seeks
ratification by BOCC of the earlier effective date of June 10, 2026 for this Amendment No. 1 and
ratification of its changes to the underlying agreement's terms and conditions that were previously
approved by BOCC in July 2025.
PREVIOUS RELEVANT BOCC ACTION:
On July 16, 2025, BOCC approved Item 05, primary contract with SOS for Food Services Meal
Catering (Senior Nutrition Program).
INSURANCE REQUIRED:
Yes.
CONTRACT/AGREEMENT CHANGES:
This amendment decreases the meal rate, adds a state-mandated contract provision, and extends the
contract period for 1 year, commencing on 07/01/2026 and terminating on 06/30/2027.
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Amendment No. 1 to SOS Catering Services Agreement—Fully Executed (Needs Ratification)
05_Star of the Sea Foundation, Inc. (July 2025)
2026 06 Star of the Sea COI GL AL exp 1.31.27 WC exp 12.31.26 signed
FINANCIAL IMPACT:
Effective Date: 07/01/2026
Expiration Date: 06/30/2027
Total Dollar Value of Contract: $491,747.59
Total Cost to County: $109,024.76
Current Year Portion: $368,810.69
Budgeted: Yes
Source of Funds: Older Americans Act Grant Funding and General Fund
CPI: N/A
Indirect Costs: $0
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 10% ($42,524.76)
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN
MONROE COUNTY,FL AND STAR OF THE SEA FOUNDATION,INC.
FOR FOOD SERVICE MEAL CATERING(SENIOR NUTRITION PROGRAM)
This Amendment No. 1 to the agreement between Monroe County,Florida, and Star of the
Sea Foundation, Inc. for food service meal catering dated July 16, 2025 ("Original Agreement"),
is made on June loth, 2026, and ratified this day of , 20 by and between
the Monroe County, Florida, acting through its County Administrator and the Monroe County
Board of County Commissioners (the "County"), and Star of the Sea Foundation, Inc. (the
"Contractor") both of whom agree as follows:
WITNESSETH:
WHEREAS, on the parties entered into the Original Agreement dated July 16, 2025 for
provision of meals for the Monroe County Nutrition Program Congregate and Home Delivered
Meals program operated by the County through the Department of Community Services (Social
Services); and
WHEREAS, the parties desire to amend the agreement to reduce the unit price per meal
starting on July 1, 2026, as more specifically described herein; and
WHEREAS, the parties further desire to amend the agreement to add a section at the end
of the agreement in order to comply with a new state law,to wit: Section 287.139,Fla. Stat.,related
to a state-mandated provision within government contracts; and
WHEREAS, additionally, the parties desire to exercise an extension of the term of the
agreement for one (1) additional year, allowing for the new terms and conditions to become
effective immediately upon mutual signing of this amendment(with subsequent ratification by the
Board of County Commissioners that confirms the earliest date of execution), and providing that
the Renewal Term will commence on July 1, 2026 and extend through June 30, 2027.
NOW, THEREFORE,based on the promises and covenants herein contained, the parties
agree as follows:
1. The recitations referred 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 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.
2. The parties desire to amend the Original Agreement, specifically Section 4,
"Contract Amount," to read as follows:
4) Contract Amount
Contractor will perform contract requirements with pricing pursuant to Contractor's Price
Proposal Form within its Response to the RFP, to wit: a unit price of$9.00 per meal, all
Page 1 of 4
meals of all types.Notwithstanding the foregoing,commencing on July 1,2026,Contractor
will adjust and reduce its unit price from$9.00 per meal to the unit price of$7.00 per meal.
Invoices are to be sent to the Monroe County Nutrition Program Director on a weekly basis.
The Monroe County Office of the Clerk and Comptroller will process and issue payments
to the Contractor. 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
https://www.bls.gov/charts/consumer-price-index/consumer-price-index-by-
category.htm#. 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. An amendment hereto must be executed by the parties prior to any rate
increase taking affect.
3. The parties hereby further agree that starting on July 1, 2026,the reduced unit price
of$7.00 per meal will apply to all exhibits incorporated by reference into the Original Agreement.
As such, wherever $9.00 per meal is listed within the exhibits, it must be read to mean $7.00 per
meal commencing upon the Renewal Term authorized hereunder.
4. The parties hereby add the following Section 40) "Prohibited Activities regarding
Diversity, Equity, and Inclusion," to the end of the agreement, in order to comply with applicable
state law related to government contracts:
40) Prohibited Activities regarding Diversity, Equity, and Inclusion
Effective January 1, 2027, in accordance with Section 287.139, Fla. Stat., as a condition
precedent to any award of a contract or r.tby the County, the Contractor must certify
Page 2 of 4
and by sigContractor does not and will not
UsLc gun funds to require employees, contractors, volunteers, vendors, or agents to
ascribe to,study,,or be ins and inclusion
as defined in Section 125.595(1), Fla. Stat., as may be amended from time to time.
5. The parties hereby exercise the first(I st)of five (5)renewals as authorized pursuant
to Section 6 of the Original Agreement, entitled "Contract Term." The Renewal Term will
commence as of July 1, 2026 and extend through,June 30, 2027.
6. 'Ibis Amendment No. I will become effective immediately upon the later of the
two signing dates between the: 1)Monroe County Administrator; and 2) Contractor. The Board of
County Commissioners may ratify this amendment, and such earlier effective date, at a following
duly-noticed County Commission meeting.
7. 'Ibis agreement constitutes the entire understanding between the Contractor and the
County regarding this Amendment No. I to the agreement, and all other terms and conditions of
the Original Agreement, not inconsistent herewith, shall remain in full force and effect, and are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I
the day and year first above written.
CONTRACTOR: STAR OF THE SEA FOUNDATION,INC.
By: —fyko 7-6Z(O
Signature U
L, Date
_%�VfACVCTEALej , CCO
ri
STATE OF B 0 yjd Name &'Title
COUNTY OF MCAVO-e—
, The foregoing instrument was sworn to/affirmed and acknowledged before me by
means of, physical presence or 0 online notarization,this 9*\day of
by�A G VC10\" TMCjLQ Chief Executive Officer of Star of the Sea Foundation. Inc., a Florida
Not for profit Corporatiod. Ile/She is personally known to me/or has produced
EL QL teat' ication.
(type f identif as identif
f(type a S f
AMMMSOUDM ure 0 ary Public ature of
*1 WC0MM1SS*N#HHW3%0
El( IRES:May 17,2030
(Print& Stamp Commissioned Name of Notary Public)
[County Signatures to follow]
Page 3 of 4
..........
Amendment No. I to Agreement between
MONROE COUNTY, FL and STAR OF 'THE SEA FOUNDATION,INC.
for FOOD SERVICE MEAL CATERING (SENIOR NUTRITION PROGRAM)
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Digitally signed by
Christine Christine Hurley
Date:20
Signed By: Hurley 14:09:33 2-04'00'6.06.10
Christine Hurley, County Administrator Date
Ratified
Michelle Lincoln, Mayor
(Seal)
Attest: Kevin Madok, Clerk
As Deputy Clerk
Approved as to legal form& sufficiency:
11 signed by K Le�ls
Eve M. Lewis DO19.,italty 2026.06.0812Ev:31e A4-0400'
Eve M. Lewis, Assistant County Attorney
Page 4 of 4
cou
00
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
oz COVNSy
DATE: July 30, 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: July 16, 2025 BOCC Meeting
The following item has been executed and added to the record:
05 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.
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
AGREEMENT
between
MONROE COUNTY,FL
and
STAR OF THE SEA FOUNDATION,INC.
for
FOOD SERVICE MEAL CATERING
SENIOR NUTRITION PROGRAM
Primary Contractor
THIS AGREEMENT is made and entered into this 16th day of July 2025
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
full.In the event of a conflict between the aforementioned docurnents,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 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 primary
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 1 of 15
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 Ma Site
locations,as requested by the County;and 3.)The delivery schedule should be the
same every week. The 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. At the discretion of the County, 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 arrangements made for the Nutrition Program may be determined on
a case-by-case or as-needed basis with written directions by the County's Contract
Manager.
e) Locations for meal catering services, both home delivered meals and congregate
meals, and levels of service may be modified (increased or decreased) on an as-
needed or as-requested basis by the County during the contract based on location
demands, food service offerings, reductions in funding, closure of existing
locations or opening of new locations,or general 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 DOER Financial
Management Manual, as well as any and all Federal, State, and local laws and
regulations now in effect,or hereinafter enacted during the tern of this Agreement,
which are applicable to the Contractor,its employees,agents or subcontractors, if
any, with respect to the work and services described hercin. Specifically, but not
in derogation of the remainder, Contractor must comply with the Department of
Elder Affairs Programs and Services Handbook, Chapter 5: Older Americans Act
(OAA)Title IIIC,as may be amended from time to time.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
famished by the Contractor or its subcontractors and suppliers, will comply with
the specifications and descriptions supplied or adopted through the contract
documents. Specifically, Contractor shall maintain a food safety management
program within its facilities that meet or exceed the minimum requirements of
federal, state, municipal, or other agencies authorized to inspect or accredit the
food service operation and shall, upon request of the County, provide
documentation of said food safety management program and the results of any
inspections related thereto.
i) Within 30 days of execution of this Agreement Contractor shall provide County
with a written plan of correction for any high priority or significant findings on
sanitation inspections. Contractor shall immediately notify the County of any
closures or Administrative Complaints regarding food safety or of any sanitation
Page 2 of 15
inspections as referenced in the Department of Elder Affairs Programs and
Services Handbook,Chapter 5: Older Americans Act(OAA)Title IRC,as may be
amended from time to time_
j) County, Alliance for Aging, Inc., and/or Department of Elder Affairs staff shall
have the right, upon 24-hours written notice or such other time proscribed by
policy,rule,or contract,to inspect the food preparation and storage areas.
k) 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 volume of work described in the
RFP; these changes must be memorialized in writing by the County's Contract
Manager. The changes must be within the scope originally contemplated by the RFP
and the County's grant agreement that funds the Nutrition Program,and be reasonable
to achieve its goals.For example,if the Contractor requests to make a minor materials
or requirement substitution within the proposal, and such change is deemed de
minimis by the County (e.g. the proposed substitution is an equivalent industry
standard and will result in no price change), such change does not warrant
amendment,however must be approved by the County's Contract Manager 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
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 Contractor's Price
Proposal Form within its Response to the RFP, to wit: a unit price of$9.00 per meal, all
meals of all types.Invoices are to be sent to the Monroe County Nutrition Program Director
on a weekly basis. The Monroe County Office of the Clerk and Comptroller will process
and issue payments to the Contractor. 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.
Page 3 of 15
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
I (i�, l/6��}x€
c.itcE.,o �, ( iml?. 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.An amendment hereto must be executed by the parties prior to any rate
increase taking affect.
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-I I it is Alliance for Aging, Inc.)and such other available grant fimding sources.
6) Contract Term
The parties expressly agree that this Agreement commences on July 16, 2025 and will
expire on June 30, 2026. A renewal of this Agreement may be accomplished in one (1)
year intervals starting on July I and ending on June 30 of each successive year,
notwithstanding the above commencement date. A renewal may be accomplished 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 five(5) successive one (1) year periods(each a"Renewal Term").Notwithstanding
the above, any renewal approved administratively (i.e. by the County Administrator, or
designee)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(excluding grant-funded values)of each administratively_
gpl2roved renewal,plus any value-added amendments as approved administratively, 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,
Page 4 of 15
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.
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. County may immediately terminate
this Agreement if any of the following occur: 1.A temporary or permanent closure
relaxed to food service violations; 2. Administrative Complaints regarding food
safety; or 3. Ten (10) or more high priority/significant findings on sanitation
inspections within the past rolling twelve(12)month period.
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
Page 5 of 15
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.
1.1) 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 1
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.
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
Page 6 of 15
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(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 tenninate 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.
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.
Page 7 of 15
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 2-1.49, 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.
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 or at TCetce-4 (_ao
Monroe County jtora
1100 Simonton Street, Room 2-205 511MO traL.�_y Aq, 1VJ FL toLIC)
Key West, FL 33040 Email: f +�u_ � a cAr
And(with copy to)
Monroe County Attorney's Office
1 l 11 l2th Street, Suite 408
Key West,FL 33040
Page 8 of 15
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 party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees,court costs,investigative,and out-of-pocket expenses,as an award against
the non-prevailing party, 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.
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 tern 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 THF.
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
Page 9 of 15
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: -�01,,C01 NT`
111 J,1OV, 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 tern 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
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 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 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
Page 10 of 15
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
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 Madura, 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
Page 11 of 15
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 ofthe 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.
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: 0C(
Title: C.
Signature: t "' Date: o
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.
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 Iocal 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 AIcohol 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 'V"III of the
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
Page 12 of 15
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990(42 USC s. 12 101 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion,
national origin,ancestry, sexual orientation,gender identity or expression, familial status
or age; 11) 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
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
Page 13 of 15
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.The County Administrator,or
designee, may administratively approve and execute, on behalf of the County, an
amendment to this Agreement that does not exceed the total value of$100,000.00; any
amendment with a value above $100,000.00 must be formally approved by the Monroe
County Board of County Commissioners.
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
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
Page 14 of 15
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:
Maya mes K, chol
(Seal)
d Attest Kevin Madolc,Clerk
I Jh Approved as to legal form&sufficiency:
As Deputy Clerk Eve M.Lewis ;; «
w,
` Eve M.Lewis,Assistant County Attorney
CONTRACTOR: STAR OF THE SEA FOUNDATION,INC.
By: 0r
gna r 4 x
Sire ti -n
c C'n
duce Leo
--Print Name&Title r
STATE OF f CbM%
COUNTY OF a,dr-pe, j
The foregoing instrument was sworn to/affirmed and acknowledged before me by
means ofX physical presence or❑online notarization,this ^S day of 0 L Y 20_?�by
A04bAd -'�C,�+L ,as Chief Executive Officer of Star of Sea Foundation,Inc.,a Florida
Not for profit Corporation. He/She is personally known to me/or has produced
FG Z?FIVE X-S L,1 Cr (type of identification)as identification.
=°`pPYF`� iVI�}IULr15NLUt;NMOFF Signature of Notary blic
v,rc tiIYCpD1ib115510N d.'If11A83949 �
oF�o exrtxEs:January 2z,zozs (Print&Stamp CommissionedName,of Notary Public)
Page 15 of 15
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSALS
FOR
FOOD SERVICE MEAL CATERING
SENIOR NUTRITION PROGRAM
MONROE COUNTY, FLORIDA
w t �
1
� LLy0=N7y.. v.��✓'.t r
BOARD OF COUNTY COMMISSIONERS
Mayor James K. Scholl, District 3
Mayor pro tern Michele Lincoln, District 2
Craig Cates, District 1
Holly Merrill Raschein, District 5
David Rice, District 4
COUNTY ADMINISTRATOR
Christine burley
Clerk of the Circuit Court Sr. Director Social Services Department
Kevin Madok Sheryl L. Graham
May 2025
PREPARED BY:
Monroe County Social Services Department
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.floridapublicnotices.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://monroccounty-fl.bonfirChLib.com OR www.monroccounty-fl.grov/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. F...,mailed/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 hgps://monroecounty-fl.bonfirehub.com, no later than 3:00P.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: fancis-lourdes(a)monroecounty-
fl.gov,and cline Jonathan a),monroecounty-fl.gov,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 intemet using the following:
Join Zoom Meeting
https://mcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile_
+16465189805„4509326156#US(New York)
+16699006833„4509326156#US(San Jose)
Dial by your location:
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Publication Dates
ICcys Citizen: Thur.,05/22/2025
Keys Weekly: Thur.,05/29/2025
Miami Herald: Fri., 05/23/2025
REQUEST FOR PROPOSALS
FOR
FOOD SERVICE MEAL CATERING
SENIOR NUTRITION PROGRAM
MONROE COUNTY, FLORIDA
TABLE OF CONTENTS
SECTION PAGE
Part I — 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
Part6—Required Forms.............................................................................. 37
Part 7—ATTACHMENTS
Attachment I - 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
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 eonyreEate 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 emerE!eney 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
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) ....................................I or 2 per site
5. Blodgett(Zephaire) Convection Oven...............I 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 MOSS 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 IIIC 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
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cycle menu (such as breads, I%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 (DOER) 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 MOSS
Nutrition .Program for proper reporting of number of meals served. Respondent must
4
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 weII 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
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 telephonenumber 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 their prices,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
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 singlemeal 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 DOF,A 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
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 B12, 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 1.2 needs.I lolidays
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.
1,L 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:
I. 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 MOSS Nutrition
Program, the Area Agency on Aging, and the Department of Elder Affairs reserve the
8
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 MOSS 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 15Y 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 rneals 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
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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:
1. 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, t01491 Overseas Highway, Suite 4, :Key Largo, FL 33037
2. Marathon, 535 33rd Street, Marathon, FL 33050
3. Big Pine Key, 1.79 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.
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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.
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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,
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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)
2.6.1.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 perfonned and valid for the jurisdiction in which the work
is to be perfonned 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.
11.0.3. 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
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.
2.1.1.2.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 a period 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; (e) 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
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 writtennotice 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
y y (unless the solicitation is an Invitation For Bid(IFB or ITB)).
Count ��nd not necessarily to c lowest Bidder
2.18.2. Criteria utilized by County for determining the most responsive Bidder includes, but is not limited to,the
fallowing:
(a) Ability of Bidder to meet published specif nations.
5
(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 fast 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 platforin 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
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
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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 C'ounty's
behalf.
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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 A:VII 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.
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(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 ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE
408, KEY WEST, EL 330409 EMAIL:
PUBLICR.ECORDS(a-),MONROECOHNEY-FL.GOV, 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
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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
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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 detennined 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 tine convenience of tine 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 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, 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 documnentation 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.
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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, 201.3).
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 tenninated 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 1I,
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
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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 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 F,-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 off:
14
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 a condition
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 Ieast 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 fi•om 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 Nicol6s 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 287.1.38, Florida Statutes, as may be amended. Beginning January 1, 2025,
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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.M.
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
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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.
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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: 1 100 Simonton Street, 1-190, Key West, FL 33040; Email:
fancis-lourdeskmonroecounty-fl.gou, and cline ionathanL&monroecounty-fl.gov, 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 Country 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 purcbased 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,
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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.C,ontract Document requirements pursuant to Section 287.0.58,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
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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/back)zroundscreening.php. 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 Aging),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 (DOER
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-category .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
PURCI IASED FROM TIE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.51.5(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
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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/gpps/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
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 pen-nit 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.
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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. § 574, 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.K. § 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 I.Jnder Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
3.7.6. CLEAN AIR ACT
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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 I.Juman 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.SI.JSPENSION AND DEBARMENT
The awarded contract is a covered transaction for purposes of 2 C.F.R. Part 1.80 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
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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; iii. 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.
l)This clause does not prohibit contractors from providingi.A service that connects to
the facilities of a third-party, such as baekhaul,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 ((,,AGE) code (if
known); brand; model number (original equipment manufacturer number, manufacturer
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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
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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; iii. 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 pennit 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
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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
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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.
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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 ofproposals, 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
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. 1.-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. L-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
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 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 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 member;
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
32
119.071(l)(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(Y1N)
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(fuel. Release of Liability&Indcmnification
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 Finn Declaration
• Civil Rights Compliance Statement
• Price Proposal Form
SEPARATE DOCUMENT UPLOAD:
• Three(3)years of Financial Statements marked"CONFIDENTIAL"
33
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
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that a Response may be rejected as non-confonning,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 1O
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 1.00
5.6. I:,ocal 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. §200.321]
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.
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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.
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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
IU Price Proposal.Form
11 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)
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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
1100 SIMONTON STREET,
KEY WEST, FLORIDA 33040 Check One
Submitted By: ❑ Corporation
Name: ❑ Partnership
Address: ❑ Individual
City, State,Zip ❑ Other
Telephone No.
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:
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.
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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 anal/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 M 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.
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
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 NOIf'yes, provide details.
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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:
M6 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 reject the proposal,and,if after the award,to
cancel and terminate the award and/or contract.
Proposer's Signature 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) 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)
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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.
41
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 Re rah rdina 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. 1 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. 1 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
pended�discriminatory�complaints vendor lists
Non-Collusion Affidavit
Respondent by signing this Affidavit, according to law on any 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
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/subconsultantslsubcontractors) 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 287.1.37, 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
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(t) 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(l), 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
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. 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 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 of: ,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
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
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, I100 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 (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
47
(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
tennination 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
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
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
i
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.myfloridamarketplace.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$1 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/'Lip
51
CIVIL RIGHTS COMPLIANCE STATEMENT
Civil Rights Act of 1964, Title VI and VII
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 VII 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
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 I[OW TI IIS 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
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 %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 /2 c.Chunky Breakfast
'/2 c.Seasoned '/2 c.Corn Relish '/2 c.Seasoned '/2 c.Green Beans Salad '/2 c.Chopped Potatoes
Carrots 1 sl.Whole Grain Carrots /2 c.Stewed %c.Tossed Salad Broccoli Y2 c.Spiced Peaches
LL '/2 c.Cut Broccoli Bread '/2 c.Green Peas Tomatoes w/French Dressing Y2 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 '/2 c. Pineapple Bread Margarine Bread Bread 1 Whole Grain Roll/ Margarine
Margarine Cup /2 c.Peach Cup Margarine Fresh Fruit 2 Margarine Y2 c.Orange Juice
Fresh Fruit 8 oz. 1%Low Fat 8 oz. 1%Low Fat Y2 c.Applesauce 8 oz. 1%Low Fat /2 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 BBO 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 i2 c.Noodles /2 c.Au Gratin Y2 c. Potatoes O' Pineapple Sauce
c.Parsley Yellow %c.Steakhouse Y2 c.Green Beans '%c.Seasoned Potatoes Brien %,c.Sweet Potato
Corn Potatoes with Diced Red Carrots /2 c.Green Peas Y2 c.Strawberry Souffle
LL '/2 c.Cut Green '/2 c. Peas and Peppers Y2 c.Broccoli Cuts and Corn Applesauce Crisp '/2 c.Corn Relish
LL Beans Carrots %c.Cheesy 1 si.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 /2 c.Applesauce Margarine Margarine 8 oz. 1%Low Fat Milk
Y2 c.Chocolate %c. Peach Cup Bread 8 oz. 1% Low Fat Fresh Fruit '/2 c.Orange Juice
Pudding 8 oz. 1%Low Fat /2 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 /2 c.Potatoes Y2 c.Old /2 c.Green Peas Sausage Y2 c.Green Beans
/2 c.Mixed '/2 c. Mashed Florentine Fashioned Baked /2 c.Vegetable /2 c. Breakfast /2 c.Carrot Cuts
Vegetables Potatoes Y2 c.Glazed Beans with Blend Potatoes 1 sl.Whole Grain
Y2 c.Corn and Y2 c. Italian Flat Carrots Tomato Bits 1 sl.White Bread/ '/2 c.Spiced Bread
LL Green Pea Medley Beans 1 sl.Whole Grain '/2 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 Y2 c. Mixed Fruit Cup
Bread Bread/Margarine Margarine Bread Season Sandwich Bun 8 oz. 1%Low Fat Milk
1 pkt. Raisins %c. Peach Cup /2 c.Applesauce '/2 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 /2 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 %c. Broccoli with Mushroom with Primavera
Patty Rice %c. Mashed %c. Mixed Salad Tomato Gravy Vegetables
"/2 c.Skin-On '/2 c. Green Peas Potatoes Garden %c.Tossed Salad '/2 c. Garlic '/2 c Green Peas
Potato Chunks '/2 c.Whole Y�c. Peas and Vegetables w/Dressing Mashed Potatoes /2 c.Carrots
c. Cut Broccoli Kernel Corn Carrots '%c.Seasoned 2 sl.Whole Wheat '/2 c.Summer Garden 1 Plain Dinner Roll/
LL 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 /2 c.Chocolate
Margarine Fresh Fruit in Margarine Bread Fresh Fruit in Bread/Margarine Pudding
Y2 c. Diced Mixed Season '/2 c. Pineapple Margarine Season Y2 c. Peach Cup 8 oz. 1/o Low Fat Milk
Fruit Cup 8 oz. 1%Low Fat Cup i2 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
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, 1 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
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
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
(https://allianceforaging.org/wp-content/uploads/2023-Chapter-5-Older-Americans-Act-Title-IIIC.pdf)
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, B12, 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 firm should be attached to signed menus for submission to Alliance for Aging, Inc. for approval.
57
Part 8—SAMPLE AGREEMENT
AGREEMENT
between
MONROE COUNTY,FL
and
fo r
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
I 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 fbi-in 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 primar
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 I of 15
58
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 tines 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
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
littr)s.//wwwbls..gov/charts/c,ons'lin�r-.price-index/coiisuiiier-o ic,e.-iiidc,x:17v.:_
nor .h . Prior to an rate increase being authorized,
catc �# y g 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-I and C-2 of the
Older Americans Act, as administered by the DOEA and the Area Agency on Aging (for
PSA-1.1 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,
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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 pproved 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 citizctis 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, trust 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.
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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 reproeurement 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 tennination 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 tennination 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.
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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(i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with: (A)
any activity of Contractor 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(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.
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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 perforin 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.
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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
I I 111.2th 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 party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees,court costs,investigative,and out-of-pocket expenses, as an award against
the non-prevailing party, 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 Cou:nty'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 1.1.9, Florida Statutes, or as otherwise provided by law.
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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, It 1112TH STREET, SUITE 408, KEY WEST,
FL 33040, EMAIL: PUBLICRECORDSCci),MONROECOUNTY-
FL.GOV, 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
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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
involve 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 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 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 arid 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
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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 Nicolds 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 Linder penalties of perjury that Contractor does not use coercion Im
labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed
Section 787.06, Florida Statutes, and agrees to abide by same.
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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 subvendorslsubconsultantslsubcontractors) 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.
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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 287.1.37, 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.
3.5) 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
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 sucli 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
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 120 , 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
72
ADDENDUM NO. I
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: 1 lello, 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 3 1; 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 I (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 I is
titled Scope of Services. We are unable to locate a Section A. 1-5 in either Part I
or Part 3 that clearly requests responses. Could you please clarify which specific
section or content should be addressed in Tab B, Item I?
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
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 1-3: 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. Narne 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
demonstratin examples xamples 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(3) items
Tab D. DESCRIPTION OF OPERATIONAL PLAN (10 points)
1) The Respondent shall provide responses to Section 1.4, paragraphs A. — L. 1`�11.,
within PART 1-3: Scope of Services, herein.
Tab E. COST AND PRICE DEVELOPMENT(20 points)
1) The Respondent shall provide responses to Section 1.5, paragraph A. �-4., within
PART 1-3: 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 infonnation 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
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 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 or
No. If ycs, 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 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, ally financial
information the Respondent includes in the proposal packet,which is not marked
as "Confidential", and is uploaded incorrectly, may be disclosed ill any public
records request and will not be treated as"Confidential." The County shall incur
3
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 I 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
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
1�t1g s://www,blsy. yov/c;hart;/cc>r�sumer-pri se undex/ onsumer-q:7r1ce-1ndex-by=
cafegory,htm#. 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."
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
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
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
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB A: EXECUTIVE SUMMARY
Star of the Sea Foundation, Inc. Yxil
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.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 unhatched 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 (MCSS), consistently delivering high-quality meals under the C-1 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.
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB B: LICENSURE, QUALIFICATION, AND
RELEVANT EXPERIENCE
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Star f the Sea Foundation, I nc,
Kerr West., FL. 3.3040
Phone: (30S) 292-3013 Fax: BOS) 292-30 D;
1.3.B. Licenses and Certifications
CITY OF KEN" WEST, FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box: 1409, Key West, Florida 33040 (305) 809-3955
Bi sirn ss Narne SOS COMMUNITY KITCHEN
Locati:)n Addr 1020 UNITED ST
Lic NL:,R/Class 34297 FOOD SERVICE
Issued Date 6/7/2024 Expiration Hate. October 01 2025
CATERING OR RESTAURANT WITH 0 SEATS
Comments: AG#44-48-1734021
Restrictions: BTR FEE EXEMPT PER FS 205.192
SOS COMMUNITY KITCHEN This document must be prominently displayed.
5640 VALONEY AVE
STAR OF THE SEA FOUNDATION
KEY WEST, FL 33040 INC
STATE OF FLORIDA
DEPARTMENT OF HEALTH
LT Sanitation Certificate
HEA
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 Hygiene Restrictions(if applicable)
Original Customer:S.O.S Callahan Community Kitchen(NON-TRANSFERABLE) DISPLAY CERTIFICATE IN A CONSPICUOUS PLACE
STATE OF FLORIDA
DEPARTMENT OF HEALTH
HEALTH 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:$275.00
Key West, FL 33040 Date Paid: 08/14/2024
Issue Date: 10/01/2024
Mail To: Morgan Tracey (S.O.S. Callahan Community Kitchen) Permit Expires On: 09/30/2025
5640 Mahoney Avenue
Key West, FL 33040 Issued By:
Department of Health in Monroe County
50 High Point Road
Owner: SOS Community Kitchen Tavernier, FL 33070
(305)676-3941
CERTIFICATE OF COMPLETION
This certifies that
EYRON REYES
has achieved the title of
ertif ied Fed Protection Manager
A ANAB_CF-P—H$! r I 05/31/2024 � 6 00003 3080680
ANSI National Accreditation Beard s
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Samantha Montaibano,Chi Operating C?fficer
Congratubdons on becoming a
This certifies that Certified Food Protection Manager
Leam2Serve also provides training courses in:
_........BYRON_.REYES .. Food Safety Handier,Alcohol Seller/Server,HACCP,and Sexual I larassment
has achieved the title a f Please contact us today to seam more about how you can take advantage
Certified Food Protection Manager of these quality courses,or visit www.L.earn2Serve.com.
.ANAR_CPP_1331 05/31/207.4 000D370006%
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LEARN2SERVE FOOD PROTECTION MANAGER CERTIFICATION
This certifies that
Rebekah Macarthur
has achieved the title of
Certified Feed Protection auger
with Online Proctor
08/21/2020
i L2SC-3-003997
n Form A21
Sa7ma7mCha Montalbano,Ch P Operating Qf€icer
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(CUT HERE)— — — — — — — — — — — —^gyp (CUT HE — — — — — —
This certifies that
Rebekah Macarthur
has achieved the title of
Certified Food Protection Manager
with online Proctor
Issue Date: 08/21/2020
Certificate number: L2SC-3-003997
Test Name: Fort A21
Samantha Montalbano,C of Operating Officer
T HIS CFRTIFICATE IS NON-TRANSFERABLE 8 VALIO UPTO 5 YFARS FROM THE:ISSUE DATE
DEPENDING ON YOUR LOCAL-HEALTH DEPARTMENTS REOUIREMENTS.
Congratulations on becoming a Certified. Food Protection Manager.
Learn2Serve also provides training courses in:
Food Safety Handler, Alcohol Seller/Server, HACCP, and Sexual Harassment
Please contact us today to learn more about how you can take advantage
of these quality courses, or visit www.Learn2Serve.com.
LEARN2SERVE FOOD PROTECTION MANAGER CERTIFICATION 9.
This certifies that
Lindsay VOlpenhein
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of has achieved the title of
Certified Food Protection Manager
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04/11/2023 �L
L2SC-3-030570
Exam Form B27 �
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Samantha Montalbano,Ch�per�aficer
'D (CUT HERE)— — — — — — — — — — — —� -SCUT HEREL — — — — — —
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This certifies that
Lindsay Volpenhein
has achieved the title of
Certified Food Protection Manager
Issue Date: 04/11/2023
Cert -3 ificate number:L2SC -030570
Test Name: Exam form B27 _
Samantha 2MoonVntalbano,C of Operating Officer
THIS CFRTIrICATE IS NON-TRANSFERABLE&VALII]UP TO 5 YEARS FROM 1HE ISSUE OATE
DEPENDING ON YOUR LOCAL HEALTH DEPARTMENTS REOUIRE.MEN VS.
Congratulations on becoming a Certified Food Protection Manager.
Learn2Serve also provides training courses in:
Food Safety Handler, Alcohol Seller/Server, HACCR and Sexual Harassment
Please contact us today to learn more about how you can take advantage
of these quality courses, or visit www.Learn2Serve.com.
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Star of the Sea Foundation, Inc.
Kerr West., FL. 33040
Phone: (30S) 292-3013 Fax: f305) 292-30 14
www—sosrnissioii,org
1.3.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.
Star'" of the Sect Foundation, Inc.
Kerr West., FL. 3.3040
Phone: (305) 292-3,013 Fax:: 1305) 292-303 4
wlhlw—sosmisslon,o[rg
LID. 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.
Star'" of the Sect Foundation, Inc.
Kerr West., FL. 3.3040
tisF°dt'Vw—sosmisslon,o[rg
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 (MCSS)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
Star'" of the Sect Foundation, Inc.
Kerr West., FL. 3.3040
tisF°dt'Vw—sosmisslon,o[rg
• 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
(<41°F), 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.
Star of the Sea Foundation, I nc.
5640 MaLoriey Ave
Key West., FL. 33040
Fit onp_: (30S) 292-3,013 Fox: (305) 292-30,14
v,)v,,w_sosrni-,,ion,org
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.
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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 #2, 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.
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosfoundation.org
5. Bahama Village Music Program at Fredrick Douglass Gym
111 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 Set-vice 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#36, 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.
WOMa22knd
The kind of health care we all deserve
Boa of Nrectors June 6,2025
Co00een QOrk
President
Hello,
John O'fdeoVV
Vice President On behalf of Womankind,I am happy to provide this letter of support for Star of
Peter Moorcroft the Sea Foundation (SOS).
Treasurer Our two organizations are currently partnering on a grant-funded initiative to
Harr. Kurana S. Snow improve community health through increased access to nutritious meals across
Secretary Monroe County. From day one,SOS has been an exceptional partner.One deeply
committed to serving the community.
MonJca as,llllen The meals they provide are consistently high quality,nutrient-dense,and
(Leda Andrews 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,
Kriisteo Ashby especially for our expectant mothers who rely on good nutrition to support healthy
Mona Oarlk pregnancies.
Dadene Fischer SOS's mission to create a healthier Monroe County aligns perfectly with our own,
Kros Kennedy, MID and the organization's strong reputation in the community is well-earned.Their
Cheyenne Pepper dedication and compassion are evident in everything they do.
TangeDa Torres 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
��K�=� �� ��^ ^�
~~~'~~~ ~~~~~~~~- ~~~-~~~`~
June 5, 3U35
Re: Letter of Support for SOS Foundation
TU Whom |t 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 vvell rGCeived. Th8rn88|s 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 Stn]n8
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 bea valuable step toward meeting
the nutritional needs, and improving the health and vve|| being, of Monroe [ounty'ssenior
population.
Sincerely,
Kate Banick
Executive Director
kate@thegoodhea|thc|inic.org
305-6I9-0154
91555 Overseas Hwy,St2'Tavernier, FL3307O
58O0 Overseas Hwy,5t36, Marathon FL33050
Phone:305-BS3'1788 bx:905'853'I7O9
Keys AHEC
Health Centers,
June I7, 2OI5
TV Whom |t May Concern,
| anM pleased t0write this letter Of recommendation OO behalf Df the Star Dfthe Sea (SOS)
Foundation. Since January, Florida Keys Area Health Education Centers, (AHEQ 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 3{}S prioritizes both nutrition and taste in their food production, which is essential for the
health and well-being ofthe individuals vxeserve.
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,
Michael LCunningham
CEO
Florida Keys Area Health Education Center, Inc.
S000 Overseas Hwy,#38-K1arathon, FL33OSO
PH. 8O5-743-7l11/ FAX 305'743-77O9
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 emp oymen .
I have read the above statement and understand it completely, and I voluntarily agree to it.
June 17, 2025
Proposers 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, fiends, 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(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 , under penalty of perjury, 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.
S Date
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB C: TASTING, SUPPLIES, AND PACKAGING
QUALITY
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components, safe handling and storage instructions.
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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.
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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.
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SOS packages frozen meals in boxes, with five individually packaged and
labeled meas. SOS will deliver one weeks' supply of meals to MCSS sites
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SOS's kitchen is commercial-grade with a full hot line, 2 walk in freezers, one
large walk in cooler, and ample storage space.
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB D: DESCRIPTION OF OPERATIONAL PLAN
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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 DeliveryTime Mode
Key Largo 101491 Overseas Highway, Suite 8:00AM Refrigerated
Monday Frozen
F 4, Key Largo, L 33037 Vehicle
Meals
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosfoundation.org
• Meals will be maintained at or below 40°F 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 I00-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.
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosfoundation.org
C. Communication Plan
1. Main Contacts & Availability
Primary Contact: Byron Reyes, Kitchen Director
• Phone: (239) 204-7116
• Email: Byron(4,)sosfoundation.org
• Availability: Monday—Friday, 8:00 AM—4:00 PM
Secondary Contact: Rebekah Palmieri, Nutrition Programs Director
• Phone: (413) 636-8139
• Email: Rebekah so4ouiidat'
-----------(q�) 101_1._Qlg
• 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.
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
S. All food used is commercially processed, labeled, and traceable.
G. Frozen food handling and freezing equipment meet all applicable local, state, and federal
standards.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosfoundation.org
1. 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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
r,'a# t no Strfa FrTt unr# ani. ��ll_'�,���� Effective:Jan 1st 2025-June 30th 2025
c>r llnc'rJt , .,3"�
Senior Nutrition Program
Monroe County Non-Congregate Meals
4-Week Cycle Menu E
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 a 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%
r
Chicken Fajitas Spaghetti w/Bolognese Sauce White Fish Lasagna BBQ Pork
2 az.Chicken 2 oz.Ground Beef 4 07.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
112 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 pz.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
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
3/8 C.Carrots Apr 7th-llth
3/4 c.Applesauce 4 oz.Apple Juice 4 oz.Orange Juice 1 c.Fruit Cup 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
r
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% 2 1/2 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 no more than five
June 19,2025 times per month.
Menus have been analyzed with computer software prograrnming using Axxya Systems Nutritionist Pro.These menus rneet the Department MENUS PREPARED BY:The Slar of the Sea Foundation
of Elder Affairs guidelines for Meal and Nutrient Analysis Requirements.These menus provide 33 1/3 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 1.000 mg of Sodium. CYCLE DATES
PROP CT 1111 t Food Service Meal Catering for Nutrition Program
PRO.IFCT DIRECTOR:Sheryl arch nn_
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):
No n boyllo
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:Hallianceforaging.org/wp-content/uploads/2023-Chapter-5-Older-Americans-Act-Title-TTIC.Vdf)
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 Bt2, 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.
9j (jWb ly,� N� B05
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.
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Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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 Placemats(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-485UJ7BK $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
13 Compartment Take Out Containers (200 count) WS-395TO883 1 $45.99
Star of the Sea Foundation., Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
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Kerr West., FL. 3:3040
Fit onp_: (30S) 292-3 113 Fox:: (305) 292-30,14
ATTACHMENT 1
U F FL o- lD
aoV°°U ( HE LIVLV DEC F1iTiLNF
Fadfl y Fi rflfoirirtnaWi airu
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
�I;(Ir���r�i(?E?�t{O(��Ir� l(Ir�IrCl"iG'IrIrO��il'[;0(f;�lt2
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 FacilityGrade: 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 riot
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
Food'Solrne Oi ess Rlldslk Factors And Fr hiflr Hpmd`F o ��uir�U� �tror�ru
SUPERVISION IN 16. Food-contact surfaces;cleaned&sanitized
IN 1.Demonstration of Knowledge/Training IN 17. Proper disposal of unsafe food
IN 2.Certified Manager/Person in charge present TIME/TEMPERATURE CONTROL FOR SAFETY
EMPLOYEE HEALTH IN 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 IN 20.Cooling time and temperature
IN 5.Responding to vomiting&diarrheal events IN 21. Hot holding temperatures
GOOD HYGIENIC PRACTICES IN 22.Cold holding temperatures
IN 6.Proper eating,tasting,drinking,or tobacco use IN 23. Date marking and disposition
IN 7.No discharge from eyes,nose,and mouth IN 24.Time as PHC;procedures&records
PREVENTING CONTAMINATION BY HANDS CONSUMER ADVISORY
IN 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 IN 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¶site destruction IN 29.Variance/specialized process/HACCP
PROTECTION FROM CONTAMINATION
IN 15. Food separated&protected;Single-use gloves
linspector Slgirmahjre:: Oiieu)1:SognjaJ,uire:
Form Hu mben IDIHI 4023 03/18 41,440-11734021 G.O. a CaHahan Comm unKy Kot¢:hen
1 of 3
T UE F FL o- oars;_,
DE F UrAEN U .F HLL .L TH
om° °U V HL L V VLV D E P R,,.V -'oLK1,T
H PE E" U V G'
Gucnd f', to add G'rartcro (��,
SAFE FOOD AND WATER IN 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
IN 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
IN 42.Washing fruits&vegetables
PROPER USE OF UTENSILS
IN 43. In-use utensils:properly stared
IN 44. Equipment&linens:stored,dried,&handled
IN 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-11,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.
Ward darf colmirna—F S
No Violation Comments Available
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
OneIIPeetOrSlgn,aWre:: QiieWf a6gnjaD,uire:
Form Nu mben DIHI 4023 03/18 44-48-1734021 goo`—13 S„°aHahan Corry unKy t^Coi!chen
2 of 3
UE F FL o- oD ,,
LEA RUrAE U -.F HE IL H
L 1,:-, S LR i L
Inspection Conducted By: Hali Discoli (31281)
Inspector Contact Number: Work: (305)293-7500 ex.
Print Client Name:
Date: 12/19/2024
Oin �� 1u a u19�in,a�uu�ir :: OH!enl:GognjaaJa°irea
Form Hunroben fDIHI 4023 03/13 41,161- 0-1F34021 ";.O.S CAHahaan Comm unKy Mft.:hen
3 of
U F FL o- lD
o p(l°U ( HE L V VLV (C,L C -F1 VT P°F"
Fadfl y Fi fffoirirtnaWi airu
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 FacilityGrade: 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 riot
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
Food'Solrne Oi ess Rlldslk Factors And Fr hiflr Hpmd`F o ��uir�U� �tror�ru
SUPERVISION IN 16. Food-contact surfaces;cleaned&sanitized
IN 1.Demonstration of Knowledge/Training IN 17. Proper disposal of unsafe food
IN 2.Certified Manager/Person in charge present TIME/TEMPERATURE CONTROL FOR SAFETY
EMPLOYEE HEALTH IN 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 IN 20.Cooling time and temperature
IN 5.Responding to vomiting&diarrheal events IN 21. Hot holding temperatures
GOOD HYGIENIC PRACTICES IN 22.Cold holding temperatures
IN 6.Proper eating,tasting,drinking,or tobacco use IN 23. Date marking and disposition
IN 7.No discharge from eyes,nose,and mouth IN 24.Time as PHC;procedures&records
PREVENTING CONTAMINATION BY HANDS CONSUMER ADVISORY
IN 8.Hands clean&properly washed IN 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 IN 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¶site destruction IN 29.Variance/specialized process/HACCP
PROTECTION FROM CONTAMINATION
IN 15. Food separated&protected;Single-use gloves
linspector Slgirmahjre:: Oiieu)1:SognjaJ,uire:
Form Hu mben IfUIHI 4023 03/18 41,440-11734021 G.O. S CaHahan Comm unKy Kot¢:hen
1 of 2
UE F FL F,,oDr `,,
LEA F Ur. EN U -.F HE ",LT
op(l°U HL LVH,' (C,EC FFrV IEG°T
C;u) d R�_LF)jfl G'rrzdr,N(ce
SAFE FOOD AND WATER IN 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
IN 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
IN 42.Washing fruits&vegetables
PROPER USE OF UTENSILS
IN 43.In-use utensils:properly stored
IN 44.Equipment&linens:stored,dried,&handled
IN 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-11, 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.
No Violation Comments Available
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
V n�spector 8d1gurmahj re:: O iieu)1:SognjaJ,ure:
Form Hu mben iDIHI 4023 03/18 4440-1734021 13.0.S CaHahanu C,,omvn unKy flotn:hen
2of2
U F FL o- lD
o p(l°U ( HE L V VLV (C,L C -F1 VT P°F"
Fadfl y Fi rflfoirirtnaWi airu
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 FacilityGrade: 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 riot
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
Food'Solrne Oi ess Rlldslk Factors And Fr hiflr Hpmd`F o ��uir�U� �tror�ru
SUPERVISION IN 16. Food-contact surfaces;cleaned&sanitized
IN 1.Demonstration of Knowledge/Training IN 17. Proper disposal of unsafe food
IN 2.Certified Manager/Person in charge present TIME/TEMPERATURE CONTROL FOR SAFETY
EMPLOYEE HEALTH IN 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 IN 20.Cooling time and temperature
IN 5.Responding to vomiting&diarrheal events IN 21. Hot holding temperatures
GOOD HYGIENIC PRACTICES IN 22.Cold holding temperatures
IN 6.Proper eating,tasting,drinking,or tobacco use IN 23. Date marking and disposition
IN 7.No discharge from eyes,nose,and mouth IN 24.Time as PHC;procedures&records
PREVENTING CONTAMINATION BY HANDS CONSUMER ADVISORY
IN 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 IN 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¶site destruction IN 29.Variance/specialized process/HACCP
PROTECTION FROM CONTAMINATION
IN 15. Food separated&protected;Single-use gloves
linspector 0dlgnahj re:: O iieu)1:SognjaJ,uire:
a&W'Le/o �n' Z
Form Hu mben IDIHI 4023 03/18 41,440-11734021 G.O. S CaHahan Comm unKy Kot¢:hen
1 of 3
T UE F FL o- oars;_,
DES F T rAEN T F HE 1LTH
om° °U V HL L V VLV D E P R,,.V -'oEK1,T
Gucnd f', to ao0 G'rartcro (��,
SAFE FOOD AND WATER IN 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 OUT 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
IN 42.Washing fruits&vegetables
PROPER USE OF UTENSILS
IN 43. In-use utensils:properly stared
IN 44. Equipment&linens:stored,dried,&handled
IN 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-11,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.
Wa�� darf colmirna—F S
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-11.003(4). Non-food contact surfaces shall be kept clean and free of an accumulation of dust,dirt,food residue,and other debris.
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
OneIIPeetOrSlgn,aWre:: QiieWf a6gnjaD,uire:
a&W,e/o �n, Z
Form Numben DIHI 4023 03/18 4,41,48-1 734021 g.0-13(„aHahan Corry unKy t^Coilchen
2 of 3
UE F FL o- oD ,,
LEA RUrAE U -.FHEILT
4j(l°U ( H L"L V VLV CC L C G'`'.V 0 L G° —
L 1,:-, S LR i L
HA PLC;a UKGGJ RLC ; G%'
Inspection Conducted By: Hali Discoli (31281)
Inspector Contact Number: Work: (305)849-6885 ex.
Print Client Name:
Date: 3/31/2025
Oin �� 1u a u19�in,a�uu�ir :: OH!enl:GognjaaJaoirea
Form Hunroben fDIHI 4023 03/13 41,161- 0-1F34021 ";.O.S CAHahaan Comm unKy Mft.:hen
3 of
Cyr of the Sea Foundation, I nic.
Kerr West., FL. 3:3040
Fit onp_: (30S) 292-3 113 Fox:: (305) 292-30,14
ATTACHMENT 2
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
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.
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB E: COST AND PRICE DEVELOPMENT
Star of the Sea Foundation, Inc. Yxil
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.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
Star of the Sea Foundation, Inc. ■ ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.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
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): $_9 no em
Amount in Writing _Nine dollars
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 No.(s):
No. 1 Dated June 13,2025
No. Dated
S:A� June 17,2025
(Signa ure of A horized Representoyve of Respondent) (Date)
Morgan Tracey
(Print Name)
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB F: FINANCIAL INFORMATION AND
LITIGATION
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
1100 SIMONTON STREET,
KEY WEST,FLORIDA 33040 Check One
Submitted By: Star of the Sea Foundation Inc ❑ Corporation
Name: Morgan Tracey ❑ Partnership
Address: 5640 Maloney Ave ❑ Individual
City, State,Zip Key West,FL 33040 ® Other
Telephone No. 305-292-3013
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:
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. President's Name: See attachment 3&4
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.
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):
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 a fresh 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 n 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
EZ
If yes,provide details.
1 l. 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.
11 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
JZ
If yes,provide details.
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 EZ
If yes,provide details.
14. Customer references(minimum ofthree(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 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 se grate 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 reject the proposal,and,if after the award,to
cancel and terminate the award and/or contract.
Proposer's gignature Date
State of I 16=- a c- -,
County of P1 t rl f C
I HEREBY CERTIFY The foregoing instrument was sworn to or affirmed before me by means of
physical presence or ❑ online notarization, this day of `j 2025, by
k',,/�t au - r �"(name of person) ., as �' (type
of authority) for - - e (name of party on behalf of
whom instrument was executed). 1�l Personally known to me,or❑Produced identification
WITNESS my hand and official seal. Nojqt
Public State
be��orida
NOTARY PUBLIC N ���� RIDA
SEAL OF OFFICE: es si
(Name of Notary Public: r t, Stamp,or Type as Commissioned)
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ATTACHMENT 4
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. 0. BOX 250E
CINCINNATI, OH 45201
Date: APR 2 4 2009 Employer identification Number:
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)
-2-
STAR OF THE SEA FOUNDATION INC
Sincerely,
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
Enclosures: Publication 4221-PC
Letter 947 (DO/CG)
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 N0800000686 1.
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
Secretainq of tate
Tracking Number:6588975324CU
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
littps:Hservices.sunbiz.org/Filings/CertificateOfStatus/(.'ertificateAutheiitication
Star of the Sea Foundation., Inc.
564OMoioneyAve
Key West, FL. 33O40
Phone: (3O5) Z92-3O13 Fax: (305) 292-3O14
www.sosfnundoLion.org
o�
ATTACHMENT ��
Customer References
1. Bahama Village Music Program ot Frederick Douglass Gym
KaVYGOa St8ffOey-AShe' Program Director
111 [)iivia Street, Key West, FL33O4O
(786) 370-0266
2. Inez Martin Child Development Center
/&aida ]acobo' CEO
1304 Truman Avenue, Key West, FL3304O
/305> 809-5000x320
3. K/eative Kids Christian Academy
Maria Valliant, Program Director
4711 Overseas Highway, Marathon, FL3305O
(305)765-7165
Star of the Sea Foundation, Inc.
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
ATTACHMENT 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 7 Ist 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
Star of the Sea Foundation, Inc. 101 ■
5640 Maloney Ave
Key West, FL. 33040
Phone: (305) 292-3013 Fax: (305) 292-3014
www.sosmission.org
TAB G: MANDATORY COUNTY FORMS
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
1100 SIMONTON STREET,
KEY WEST,FLORIDA 33040 Check One
Submitted By: Star of the Sea Foundation Inc ❑ Corporation
Name: Morgan Tracey ❑ Partnership
Address: 5640 Maloney Ave ❑ Individual
City, State,Zip Key West,FL 33040 ® Other
Telephone No. 305-292-3013
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:
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. President's Name: See attachment 3&4
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.
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):
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 a fresh 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 n 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
EZ
If yes,provide details.
1 l. 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.
11 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
JZ
If yes,provide details.
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 EZ
If yes,provide details.
14. Customer references(minimum ofthree(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 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 se grate 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 reject the proposal,and,if after the award,to
cancel and terminate the award and/or contract.
Proposer's gignature Date
State of I 16=- a c- -,
County of P1 t rl f C
I HEREBY CERTIFY The foregoing instrument was sworn to or affirmed before me by means of
physical presence or ❑ online notarization, this day of `j 2025, by
k',,/�t au - r �"(name of person) ., as �' (type
of authority) for - - e (name of party on behalf of
whom instrument was executed). 1�l Personally known to me,or❑Produced identification
WITNESS my hand and official seal. Nojqt
Public State
be��orida
NOTARY PUBLIC N ���� RIDA
SEAL OF OFFICE: es si
(Name of Notary Public: r t, Stamp,or Type as Commissioned)
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.
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 Re rah rdiwz 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 S 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. 1 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. 1 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
pended�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
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: d G 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 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
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 Linder 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 See. 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 tuthorized Represtntative of Respondent) (Date)
STATE OF F
COUNTY OF ��
I HEREBY CERTIFY The foregoing instrument was sworn to or affirmed before me by means of
physical prese e or ❑ online notarization, this 1 '0� 'day of je-�'� 2025, by
�V 1--c-: '1rLk, (name of person) as R,C, - (type
of authority,,,, e.g.„ officer, trustee, attorney / in fact) for
(.name of p n � was
executed Notary Public State o 0
A Richard Barber
WITNESS my hand and official seal. My c_mmisston HH aasaas
N P J'43 OF
NOTARY PUBLIC FL
SEAT, OF OFFICE:
(Name of Notary Public: Print, Stamp, or Type as Commissioned)
O'Personally known to me, or ❑ Produced identification Type of ID:
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 emp oymen .
I have read the above statement and understand it completely, and I voluntarily agree to it.
June 17, 2025
Proposers 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, fiends, 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(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 , under penalty of perjury, 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.
S Date
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.
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) COMPREIIENSIVE 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 LIA131LITY
Notwithstanding any minimum insurance requirements prescribed elsewhere in this solicitation, Proposer
shrill defend, indemnify, and hold the COUNTY, and the COUNTY's elected and appointed officers and
employees, harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that
may be asserted against, initiated with respect to,or sustained by,any indemnified party by reason of, or in
connection with: (A)any activity of 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
1 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.
PROPOSIS4 Signature Date
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
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:
Star of the Sea Foundation Inc
Signature ecipient's NA17ne
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,Zip
June 16, 2025
Date
CIVIL RIGHTS COMPLIANCE STATEMENT
Civil Rights Act of 1964, Title VI and VII
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 VII 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
C-� June 17,2025
Signature 0 Date
Morgan Tracey, Chief Executive Officer
Print Name and Title
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 TILE SAME OR SIMILAR SERVICES***
l. Average Cost per Meal (all meals of all types): $_ ,jan .
Amount in Writing Nine dollars
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 No.(s):
No. 1 _Dated June 13,2025
No. Dated
June 17,2025
;Signa ure of A horized Represent 00
ve of Respondent) (Date)
Morgan Tracey
(Print Name)
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 n -m n County Forms o s(&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: EIN-30-04%670
Company Name: Star of the Sea Foundation Inc
D/B/A (if applicable)
Company Ownership:
Years in Business: 19 years
Company Address: 5W Maloney Ave,Key west,t2 33040
Company Phone Number: 305-292-3013 Fax:
Company Web Address: http://w /w_sosfourvdation.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: _� 1 _ u.ri
� wthI d Resentative)
Morgan Tracey,Chief Executive Officer
(Name&Title)
GUt
COURTS
az, Kevin Madok, CPA
°tiQ ....N�y� Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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 YOTIgue, 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
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 term 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.
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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.306ofthe 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.
6.1.3 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. I 10 1). 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 11-116,
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-verify 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, performed 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.
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Contract Number AA2529
7.2.4. If itemized payment for travel expenses is permitted in this contract,the Provider will submit bills forany 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 119.011(12), 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 fbr 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,VS.,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 rneet 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 arty 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
Intg a k ,
.................. 91tdsil
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
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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 mid include tracking the date, nature of complaint, the determination of each
complaint,and the follow-Lip 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 areexenlpt, 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 systerns of the Department.
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. 1 19.07(l),F.S.
IFTHE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA
STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING -t'O 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
doepjjtLbjic,recprdsLi eyp ffa'
,,,,...... ....9J
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 tinder 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 performance and unit cost data.
1 1.2. The Provider shall retain all client records, financial records,supporting documents,statistical records,and ally other
documents(including electronic storage media)pertinent to this contract for a period of six(6)years after completion
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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 112.
11.4. 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 duty authorized by the Alliance.
11.5. At all reasonable times for as long as records are maintained, persons duty 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 andlor vendors performing work or
providing services pursuant to this contract agree to cooperate with the Alliance or Inspector General in illy
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 V1 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 Aging
13.1 'rhe Provider shall permit persons dUl) authorized b) the Alliance to inspect and cop), an) 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
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Contract Number AA2529
agrees to correct all deficiencies identified in the CAP in a timely manner as determined by the Contract Manager.
Failure to comply with the CAP shall subject the Provider to enforcement actions as described in this Contract.
13.2 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 federal laws
and regulations. The Provider will supply progress reports,including data reporting requirements as specified by the
Alliance or the Department to be used for monitoring progress or performance of the contractual services. Examples
of review criteria are surplus/deficit reports, independent audits, internal controls, reimbursement requests,
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 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. Failure to submit an accurate SCR no later than
ninety(90)calendar days after the Provider Fiscal Year End may result in withholding invoice payment.If the Provider
desires to renegotiate its reimbursement rates, the Provider shall make a request in writing to the Alliance, with the
inclusion of a Unit Cost Methodology, in accordance with the Alliance's approved Reimbursement Rate Review
Policy,which is incorporated by reference.
14. Provision of Services
The Provider shall provide the services referred to in ATTACHMENT VII in the manner described in the Handbook and the
procurement documents leading to this contract. In the event of a 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 or more other State of Florida human service agencies,in
addition to the Department of Elder Affairs funding passed through the Alliance,it is 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 is not required to indemnify the Alliance for claims,demands,actions or causes of action arising solely out of the
Alliance's negligence.
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 as an
additional insured on the provider's liability insurance policy or policies and a copy of the Certificate of Insurance
shall be provided annually or when any changes occur. The Provider accepts full responsibility for identifying and
determining the type(s)and extent of liability insurance necessary to provide reasonable financial protections for the
Provider and the clients to be served under this contract. Upon execution of this Contract,the Provider shall furnish
the Alliance written verification supporting both the determination and existence of 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 of insurance
coverage throughout the term of this contract.Such coverage may be provided by a self-insurance program established
and operating under the laws of the State of Florida. The Department and the Alliance reserve the right to require
additional insurance as specified by this contract.
17.2 Throughout the term of this agreement,the Provider shall maintain an insurance bond from a responsible commercial
insurance company covering all officers, directors,employees and agents of the Provider authorized to handle funds
received or disbursed under-all agreements and/or contracts incorporating this contract by reference in an amount
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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
22.1 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 term 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:(I)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 tinder 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.
212 This contract shall remain binding upon the successors in interest of either the Provider or the Alliance.
24. Subcontracts
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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 11,4,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 Conti-act.
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,
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Contract Number AA2529
28. Payment
28.1. Payments shall be made to the Provider as services are rendered and invoiced by the Provider. The Alliance will have
final approval of the invoice for payment and will approve the invoice for payment only if the Provider has met all
terms and conditions of the contract, unless the bid specifications,purchase order,or this contract specify otherwise.
The approved invoice will be submitted to the Alliance's fiscal department for budgetary approval and processing per
ATTACHMENT V111.
28.2 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 to be made tinder this contract including,but not limited to the following:ss.216.181(16)(a)&(b),215.422,
Fla. Stat., and the Invoice Requirements of the Reference Guide for State Expenditures from the Department of
Financial Services at
VVW III
Av e fe He-for
............................. .... ... .......
state- x b .3.p ty,L
............................e LiijLJiL 37-6,
28.3 The Provider shall maintain detailed documentation to support each item on the iternized invoice or payment request
for cost reimbursed expenses,fixed rate or deliverables, 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 laws and guiding circulars cited in this Contract section 6, in the Reference Guide for State
Expenditures,and any other laws or regulations,as applicable.
28.4 The Provider and subcontractors shall provide units ofdeliverables,including reports,findings,and drafts as specified
in this contract to be received and accepted by the Alliance prior to payment.
29. Return of Funds
The Provider will return to the Alliance any overpayments due to unearned funds or funds disallowed and any interest
attributable to such funds pursuant to the terms and conditions of 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 an overpayment has been made,the Contract Manager,on behalf of the Alliance,will notify the Provider of such
findings.The Alliance may deduct the overpayment from the invoice most recently submitted but net yet paid,even if from
a different program or contract year.Should repayment not be made forthwith,the Provider will be charged at the lawful rate
of interest on the outstanding balance pursuant to s. 55.03,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 is collecting or using in the performance of this contract. An appropriate level of 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 up to ensure recovery from losses or
outages of the computer system.The security over the backed-up data is to be as stringent as the protection required of the
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
contract.as part of ATTACHMENT IV.
31. Social media and Personal Cell Phone use:
31.2 Social Media Defined.The term Social Media and/or personal cellular communication includes,but is not limited
to,social networking websites, blogs, podcasts,discussion forums, RSS feeds,video sharing, SMS(including Direct
Messages (DMs), Messages, text messages, etc.); social networks like Instagram, TikTok, Snapchat, Google
Hangouts, WhatsApp, Signal, Facebook, Pinterest, and Twitter; and content sharing networks such as Flickr and
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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 ofelients,volunteers,staff,or otheraffiliates 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 rile 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. Ifthe Provider or any of its
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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 th-e 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
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 St JBJEcT
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
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Contract Number AA2529
attached to this contract(ATTACHMENT(H).
35. Patents,Copyrights,Royalties
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.
35.3 If this contract is awarded solely federal funding,the terms and conditions are governed by 2 CFR Part 200.315.
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 or-der 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:
..n kpL�K,(j 1�� `7740 M PU000jjq In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contractor 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 Pt I R 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.
40. 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 waiverof sovereign immunity by any entity to which sovereign
immunity may be applicable.
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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.
45. 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. Addition/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(2 1)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 (2 1)days shall be deemed a waiver of the
rights outlined above and the Alliance will proceed against the Provider by default,
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Contract Number AA2529
The Alliance,upon receiving atimely filed response toa 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 tinder 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 riot
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(1)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 to the 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 ofthe 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 term of the contract, (4) abide by any statutory requirement, regulatory requirement,
licensing requirement,or Department policy or(5)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.
533 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
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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
C,
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;
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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 10,6 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
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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 Comity Board of County Commissioners,
The Provider name,as shown on page I of this Social Servicesltn-Honte Services
A contract,and mailing address of the official payee 1100 Simonton Street;2'd Floor
to whom the payment shall be made is: Key West;FL 33040
305-2924510
Monroe County Board of County Commissioners,
The name of the contact person of the Provider and Social Smiceslln-Horne Services
B street address where financial and administrative 1100 Simonton Street,21d 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 Commissioners,
c Social Serviceslln-Home Services
representative of the Provider responsible for 1100 Simonton Street,2"d Floor
administration of the program under 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 Reccipt and Expenditure 760 NW 107th Avenue,Suite 21.4
forms are to be mailed is: Miami,Florida 33 1 72-3 1 55_
305-670-6500
Contract Monitor
e The naaite,address,and telephone number of the Alliance for Aging,Inc.
Contract Manager for the AAA for this contract is: 760 NW l0 lot da 331Avenue, -315 21'1
Miami,Florida 33i72-3155
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 oeiginals 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 terms and conditions agreed upon by the Parties. There are no provisions, terms; conditions, or
obligations other than those contained herein,and this contract shall supersede 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.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,SOCIAL
SERVICES IN-HOME SERVICES ALLIANCE FOR AGING,INC;
SIGNED BY: Digitally signed SIGNED BY:xtike Rothman Wn6.1a151447Est � r _
Christin by Christine �-
NAME: Hurley NAME: MAX B: ROTHMAN,JD,LL.M: }
_rt
Date:2025.01.02
TITLE: e Hurley TITLE: PRES117GNT ACS�Eo . [-:
09:59:58-05 00 �
DATE: DATE: Fri
.dart 6,A2075 � �� :t7
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Contract Number AA2529
INDEX TO CONTRACT ATTACHMENTS
...................................... .......................
A"I-I'ACHNIENT Ari'ACHMEN'I' DESCRIPTION
——---------................... ............................... ----------- ...... ..........
ATFACHMENTI STATEMENT OF WORK
ATTACHMENTH FiNANCIAL COMPLIANCE AUDI'"I'A'"I"FA(l IMEINT
..................
ATTA CH M ENT III CERTIFICATIONS AND ASSURANCES
-—------------------------------- ...............................
ATTACHMEN'I'VI ASSURAN("'ES-NON-CON STRUCTION PRO(JRAMS
ATTACI I MENT VII BUDGET SUMMARY BY SERVICE AND'ITILE
...................................................
ArFACHMENT VIH ENVOt CE RE"'PORTSCHEDULE
.....................................
ATTACI.-IMENTAX REQUEST FOR PAYMENT
....................................... ................
ATTACI-IMENT X, REMP'I'S AND EXPENDITURES, FOR ALL OAATI-I'LES
EXHIBITI
RECEW'FS—AND EXPENDIT-i'J"RE S F_0R NS I P
EXHIBI'1'2
P R 0 V I D ER MONTHLY MEALS REPORT,F,�OR NSIP
EXHIBIT3
ATTACHMENTB DEPARTMENT OF ELDER AI"FAI.RS'CIVII.,RIGHTS CON4.PLIANCE
C111130(i...1STAND INS'l"RUCTIONS
.... ..... --—-------------
ATTACHMENT 1) BACKGROUND SCREENING-.-,AFFIDAVIT OFCOMPLIANCE
ATTACHMENTF DATA PIUVACY&SECURITY BUSINESS ASSOCIATE AGREEMENT
ATTACHMENT G AI)R(','POL,ICY AND PROCEDURES FOR OUTSOURCED FUNCTIONS
ATTACHMENTH CER"11FIED MINORITY BUSINESS SUBCONTRACTOR EXPENSE R.P`IJPORT
(CMBE)
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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 acomprehensive 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 DOEA.
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 11113 Program.
AoA/ACL's standard criterion consists of three 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("ADI,")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, program 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;
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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,
.............
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.
S. 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
1. 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 Title 111,General Client Eligibility
Consumers shall not be dually enrolled in an OAA program,and a Medicaid capitated long-term 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 lilB,Supportive Services,Client Eligibility
a. Individuals age 60 or older
2.2 OAA Title IIICI,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;
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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 meat hours.
2.3 OAA Title IlIC2,Home Delivered Nutrition Services
In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I,
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
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 IIICI and IfIC2,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 11113,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
& For respite and supplemental services,a family caregiver must be providing care for an older individual who
meets the definition of the term"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 Under Statewide Medicaid Managed Care
Long-Term Care, Home Care for the Elderly, Community Care for the Elderly Programs, or other means
tested programs may of be included in the NSIP count,OAA-funded congregate meals provided to SMMC
LTC clients may be included in the NSIP count.
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Contract Number AA2529
SECTION If—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 tinder OAA Title I II [OAA section 311(42 U.S.C. § 3030a)]: and
4.1.2 A nutrition service provider that serves meals and is tinder 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 rneal 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 OAPs 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:
4.3.1 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 1 3 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
4.3.3 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 an&or vendors
6. Comply with the Alliance's Nutrition policies and procedures
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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
times 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.
4. 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 an(]
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 arid/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 mariner 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.
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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 DOER Handbook,and this contract. Documentation of service delivery must include a report consisting
of the following: unduplicated nurnber of clients served,number of set-vice 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(11111113 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 (1 1)Legal Assistance
(3) Companionship (12)Personal Care
(4) Counseling(Gerontological) (13)Recreation
(5) Counseling(Mental Health) (14)Screening and Assessment
(6) Emergency Alert Response (15)Technology
(7) Education/Training (16)'I'ransportation
(8) Escort (17)Specialized Medical Equipment, Svs,and Supplies
(9) Homemaker
(10) Medical Equipment,Services,and Supplies
b. Congregate Nutrition Services(11111C], 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(IlIC2 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(11 111D 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 HID Program.
E13DPHP 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
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Contract Number AA2529
e. Caregiver Support Services(IIIE 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) CaregiverTraining/Support(individual&Group)
(3) Respite Services(Home& Facility)
(4) Screening/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(111EG Program):
Services for grandparents or older individuals who are relative caregivers designed to help meet their caregiving
obligations include the fbllowing:
(1) Sitter
(2) Home Delivered Meals
(3) Homemaker
2. Service Units
The Provider shal l 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 VI I.
3. 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.
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Contract Number AA2529
1. Service Cost Report(SCR):
The Provider shall submit a SCR 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 of providing 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 in a withholding of invoice payment.
2. Surplus/Deficit Report
The Provider will submit a consolidated surplus/deficit report in a f6rmat 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:
a. The Provider's detailed plan, by program and service, on how the surplus or deficit spending exceeding the I'%
threshold will be resolved;
b. A detailed plan on how the surplus or deficit spending exceeding the I% monthly threshold will be resolved. The
plan must include specific budget numbers to reflect how the Provider plans to address the variance.
c. Number of clients currently on the waitlist(APCL).
d. Number of"Unduplicated Client served,
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.
1 Volunteer Activity Report
The Provider shall submit an annual unduplicated report of volunteer hours on the formal provided by the Alliance. The
data collection period is from January I —December 31 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 eCIRTS data accuracy. The Provider shall use CIRTS-generated (or eCIRTS generated)reports which include
the following:
a. 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 101"of 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 shall provide a brief description of their
mission or role.The active tense shall be 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,relevance, 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 include the following information: number and type of provider events or activities;
date and location; total number of participants at each event or activity-, individual service needs identified; and
referral sources or information provided. Reports must be submitted by June 30 and December 31 ofeach contract
year. At a rninimum,the number of outreach activities required to be completed annually for the Provider must be
consistent with the number of outreach activities referenced in the procurement documents leading to this contract.
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Contract Number AA2529
7. Health and Wellness Reports
The Provider shall submit Monthly Prograini-natic Reports for EI3DPHP 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 Cl RTS 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 dernonstrating 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 EBDPI-IP services (e.g.,
minimurn 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.
h. 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 ot'greater capacity, and leverage other funding sources. Partnerships shall also address building
and sustaining an infrastructure for the dissemination of EBDPHP 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 forn'rat 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
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Contract Number 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 30"'. The FELP Report includes the following areas:
a. Cases and Client Information
b. OAAP Complaint Case Report A
C. Case Examples
d. 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.
2. 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 ol"Provider functions must be backed Lip. 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 B.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 I I.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 Vill 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.
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Contract Number AA2529
2. Criteria
a. 660,o of new service recipients with high-risk nutrition scores will improve their nutritional status.
b. 650 o of new service recipients will maintain or improve their ADL's assessment score.
c. 62.30,0 of new service recipients will maintain or improve their IADL's assessment score.
d. 890,o 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-tip 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
L Other procedures as deemed necessary.
G. Provider Responsibilities
I. 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.
2. Coordination with Other Providers and/or Entities:
Notwithstanding those services for which the Provider is held accountable involve coordination with other entities in
performing 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 11.
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 III: METHOD OF PAYMENT
A. Payment Methods Used
The Method of Payment for this contract is a combination of fixed fee/unit rate,cost reirnbursement,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.
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Contract Number AA2529
I. Fixed Fee/Unit Rate
Payment for Fixed Fee/Unit Rates shall not exceed amounts established in Attachment VII,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 I st of the contract year.
All advance payments made to the Provider shall be reimbursed to the Alliance as follows: At )cast 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 riot 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
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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 Instructions
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
DOEA 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 III.D, 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 from 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 nionth(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 5q0 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 tip to the lower of$25,000 or 5P0 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-complianec.
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Contract Number AA2529
c. Failure to comply with established assessment and prioriti7ation criteria as per Section II.A and as evidenced by
eCIRTS reports may result in a financial penalty of'the)owerof$25,000 or 590 and may be calculated on the totality
of all related Alliance funded contracts, depending on the area of compliance. A second offense may result in a
financial consequence of the lower of$50,000 or 10% and may be calculated on the totality of alliance funded
contracts.
d. Failure to provide services in accordance with the current DOEA Handbook,the service tasks described in Section
II.A., and the Budget summary(Attachment X11),and/or failure to submit required documentation may result in a
result in a financial penalty of the lower of$25,000 or 5%and may be calculated on the totality of all related
Alliance funded contracts, depending on the area of compliance. A second offense may result in a financial
consequence of the lower of$50,000 or 100o and may be calculated on the totality of related Alliance funded
contracts.
e. Failure to perform management and oversight of the OAA Programs operations may result in a financial
consequence of the lower of$50,000 or 10%and may be calculated on the totality of alliance funded
IV. SPECIAL PROVISIONS
A. Provider's Financial Obligations
1. Matching,Level of Effort,and Earmarking Requirement:
The Provider must provide a match of at least 10 percent of the cost for services funded through this contract,except for
Title 11 ID. The match will be made in the form of cash and!or in-kind resources. At the end of the contract period, all
funds through this contract,except for Title II ID must be properly matched.
2. Management and Use of Service Dollars and Continuity of Service:
a. The Provider is expected to spend all funds provided by 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 of the
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.
b. The Provider shall ensure that contract services will be provided until the end of the contract period. In order to
enable the Provider to better manage the services under this contract and to maximize the use of available resources,
the Alliance has established a spending authority as identified in Budget Summary,Attachment V11. The Provider
is responsible for managing the spending authority so that a 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 to be used under the following terms:
a. The Provider assures compliance with Section 315 of the OAA as amended in 2006, in regard to consumer
contributions;
b. Voluntary contributions are not to be used for cost sharing or matching-,
c. Accumulated voluntary contributions are to be used prior to requesting federal reimbursement;and
d. Voluntary contributions are to be used only to expand services.
4. Budget Summary:
The Alliance has established a spending authority based on services and rate detailed in the SPA and the Budget
Summary,Attachment V11 and any revisions thereto approved by the Alliance. Any changes in the total amounts of the
funds identified on the Budget Summary require a contract amendment.
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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 11 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 II 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 I I.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
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Contract Number AA2529
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's required Area Plan submission date and as per the Alliance policy incorporated her in by
reference. See l JlrjOV/J UJ ftS(- dex/c "I I t �� i r prj.�g,jq index-b c it
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 justification;
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.
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Contract Number AA2529
ATTACHMENT 11
ATTACHMENT 11
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
Allianceatwi,or the Department as described inthis 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 if the provider is a State or local government or a non-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 00. 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 er 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 t 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 ineffect 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.
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Contract Number AA2529
PART III: 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.
111. 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 11071h Avenue
Suite 214
Miami, FL 33172
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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,llnc.
Attn: Fiscal Department
760 NW 107'rI Avenue
Suite 214
Miami, FL 33172
Additionally, copies of financial reporting packages required by this contract's Financial Compliance Audit Attachn,jelrit,
Part If shall be submitted by or on behalf of the Provider directly to each of the following:
'rhe Florida Department of Elder Affairs, via the Alliance, at the following address:
Alliance for Aging,[tic.
Attn: Fiscal Department
760 NW 107" Avenue
Suite 214
Miami, Ft. 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 ofthe 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 dernonstrating 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, "I"he 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.
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Contract Number AA2529
ATTACHMENT Ill
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 arid/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 11: 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 TRIBES 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 STATE OR LOCAL GOVERNMENT)MUST
FOLLOW:
2 CFR Part §200.418-Cost Principles*
2 CFR Part §200.100-Administrative Requirements
Page 38 of 72
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 inthe 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 80.
S'I'A'I'E 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. Stat.
Chapter 691-5,Fla. Admin. Code
State Projects Compliance Supplement Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
The Remainder of This Page Left Intentionally Blank
Page 39 of 72
Contract Number AA2529
A'F'I'A,(--1-1 M E NT I A
FINANCIAL, AND COMPLIANCE AUDIT ATTACIJIMENT
EXHIBIT 2-FUNDING SUMMARY
N2jg;_Tifle2CF'R§200.331,asrrvpsed, information aboulFederal Programs and State Projects included in
ATTA.C:11IM ENT 11, Bhl bit I be providcd to the recipienL hifix-mation contained is a prediction of fun(fing sources and related arrounts based on the cmmad
budget.
L. FEDERALRE'SOURCESAWA TO 1111.StJBIZECIPfl ENI'I>URSUAN"I"1*'O'I'k-IIS CONI RACTCONS11ST OF11 ff-,
FOLLOWING:
.......................................................................................... ....................
PROGRANITITLE FUNDING SOURCE. C'Fl)A ANIOUNT
............................. ................................. ...........................................................
Older Aiinericam,Act tJ.S- I lealth and I lunu.m Sera ices 93.044 $69,211,00
Title I��B Support ServkIleS,
...................... ................................................................................................ ........................
Older Americans Act U&He,-dth and I Inman Services, 93.045 $138J)00.00
TitL I I IC I--Congregal. ...................................... .......................... ....................
Older Americans Act U.S. l Icalth and Hurnan Sery iccs 93,045 $238.000.00
'I We IIIC2-Home Defivered Mea�s
....................................... ....... ....................... ..........
Older Americans Act U.S, Heat(hund Flusnan Services 93.043 $29A50bO
Title 1191)
.....................................................Oldcr Americam Art,rri,l,I�IE,....Caregiver Sup[fx)m Services $EW2W00
Tide 11�l EG--Caregiver Support Services U.S� Health and I luark"In St;r%nxs 93,052 $30,0W00
Title I l 9 EIS.-C S78,360.0t)
......................................--H ............ ................ ...............................
Older America,,,,,Act U,S. Healilk and Fluman Sey vices 93.053
Nutrition Services Incentive fIr 221',,
------ ------------------------ 12111.-1............................... ..................................... .......................I.—................................................................................
TO TA L FEDERA L A W11 910 $719,281.80
..................... ............................................. ..........................................................................................................................
COMPLIANCE RL"QUIREMI'INTS AP91J4;ABLE V'O p HE F"I'DERAI R E SAJ U RC S A W A RD E D PLJ R S LJA NI'T0 79�l S C70N,YRA C'11'
AREAS FOLLOWS.
2 CF'R Part 200-Uniform Adnt nistx-atn e Requiren-rcriu, Cost Principles,and Audit For Federal Awards,DMII Cirf.ndar A-fl33,-
Audits of'States,LocM G(.m eimuncnts,and Non,Profit Organizations
2. STATE RESOURCES AWARIXIDTO 11 H.,RE4.;IPIENT8'URSUANT'I'011 HS CONTRACT CONSISTOIFTI BE FOLLOWING�
MAIVIIHNG RESOUCF.S F'OR FMDERAL PROGRAMS
................. ......
PROGRAM T I IA' FUNE)ING SOURCE CFDA AMOUNT
..................................................... .....................................................
...............
TOTAL STATE AWARD
STATE HNANCIAL ASSYJfANCE!.cL"i�ECJ'T0 sec.215�97�F.S.
.......................................................... ......................................
PRO(.',RAM'1'1'1*1..E FUNDING SOORCE CTDA kMOUNT
.................---...............................
.......................................................... ...........————----------------------------
...........-------------------------------------........................................................................................................ .....................---
LiQiALAWAYdifD ................................................--- ............................................ .............................I
COMPLIANCE RF-QUIRIT'MENTS APPLACABIA-1- TO STATE RFSOURCFS,AWARDED PURSUANT'I OTFUS CONTRACT ARE AS
FOLLOWS:
.Section WX,F.S., Chapter 6911-5, kdu�rence(3uido. for Slate Espcndkures,Other Fiscal requiruncmgset forih in program latks,rules andregulafions.
Page 40 of 92
Contract Number AA2529
ATTACHMENT III
CERTIFICATIONS AND ASSURANCES
DOER 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 Suspension Certification L29 CFR Part 95 and 45 CFR Part
B. Certification Reanrd;ffaal * ' in J22.C.F11 Part 93 and.4ACFR Part 931
C. Nondiscrimination & Eguall Opportunity Assurance(29 CFR Part 37 and 45 CFR Part 801
1). Certification Regarding Public Entity Crimes,section 287.133, F.S.
E. Association of Cominunity Organizations for Reform Now (ACORN)i Funding Restrictions
Assurance(Ptob.L. 111-117)
F. Certification Regarding Scrutinized Companies Lists.,section 287.135, F.S.
G. Certification R=AKdj1M.Date L
and Cooperative Agreements
H. Verification of Employment Status Certification
I. Records and Documentation
J. Certification Regarding Inspection 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 excluded
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 or a criminal offense in connection with obtaining,attempting to obtain,
or performing a public(Federal, State, or local)transaction or,contract tinder a public transaction; violation
of Federal or State antitrust statutes or commission 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 CaLlSe of default,
The Undersigned shall require that language of thiscertification be included in the doctinnents forall subcontracts
at all tiers (including subcontracts, vendors, sub-grants and contracts tinder grants, loans and cooperative
agreements) and that all sub recipients and contractors shall provide this certification accordingly.
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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 wi I I 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 Mernber 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.
11'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 Member of Congress in connection with a Federal contract, grant, loan, or
cooperative agreement,the undersigned shall also complete and subrn it Standard Form - LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions .
'File 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-DISCRI MI NATION & 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 nondiscrimination
and equal opportunity provisions of the following laws:
1. Section 188 of the Workfbrce 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 to the Regulation of the Department of Health and Human 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 from the Department.
3. Section 504 of the 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 front the Departntent.
4.The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements irnposed by or
pursuant to the Regulation of the Department of Health and Hurnan Services(45 CFR Part 91),to the end that.
Page 42 of 72
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 program
or activity for which the Applicant receives Federal financial assistance from the Department.
5.Title IX of the Education Amendments or 1972 (Pub. L. 92-318), as amended, and all requirements imposed
by or pursuant to the Regulation of the Department of Health 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 discrii-ni nation
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 ofthe WIA Title I -financially assisted program or
activity, and to all contracts, Provider makes to carry out the WIA 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,nor any person oraffiliate 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 inform 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 51 I
(Pub. L. I I 1-117).The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub. L. 111-24 2), provides
that appropriations made tinder Pub. L. I I 1-117 are available Linder the conditions provided by Pub. L. I I 1-117.
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 tinder 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 Cite amount of$1 million or more., in accordance with the requirements of Section 287.135,
F.S., Provider hereby certifies that it is not 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 not 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
Contract Number 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. 'File Provider and any Subcontractors of services tinder 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 program in accordance with the prescribed reporting
requirements; (2) the source and application of funds for all contract supported activities; and Q) 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 tobe 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 programs 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 tire state,and without interruption to the ongoing business of the state,time
being of the essence.
5. The Provider and any subcontractors arid/or vendors of services tinder 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 EMPLOYMENT STATUS 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
made 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-] 10).
I. RECORDS AND DOCUMENTATION
The Provider agrees to make available to Department staff and/or any party designated by tile Department any
Page 44 of 72
Contract Number AA2529
and all contract related records and documentation.The Provider shall ensure the collection and maintenance of'
all prograrn related information and cloCUnientation on any Such systern designated by the Department.
Maintenance includes valid exports and backups of all data and systerns according to Department standards.
J. CERTIFICATION REGARDING INSPECTION OF PUBLIC RECORDS
I. In addition to the rcquirernents of sections, 10.1, 10.2 of the Standard Contract, and 119.0701(3) and (4)
F.S., and any other applicable law, ifacivil action is commenced as contemplated by Section 119.0701(4),
F.S., and the Department is narned 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 frorn a Public Records Request made pursuant to Chapter 119, F.S.,concerning this contract
or services performed thereunder.
a. Notwithstanding Section 1 19.070 1, 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 PLIblic funds are expended by an agency in payment of clues or membership
contributions for any person,corporation, foundation,trust.association,group, or other organization,all the
financial,business,and mernbership 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 ofsuch 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 clues 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 rml.St 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
ig�natureand Title cwiauthorized Representative Street Address
Monroe County Board of County Commissioners,
Social Services/In-Home Services Key West, FL 33040
...................................................
Provider Name Date City,State,Zip code
Page 45 of 72
Contract Number AA2529
ATTACHMENT V1
ASSURANCES—NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time
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 infon-nation, 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.
I. 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.
1 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)'Fitle 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 of alcohol abuse or alcoholism;(g)523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. 290 dd-3 and 290 cc 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(h)Title Vill ofthe Civil Rights Act of 1968(42 U.&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 6) 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 Titles I I and I I I 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.
9. 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
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) l 1514; (b) notification of violating facilities pursuant to EO 1 1738; (c) protection of wetlands
pursuant to EO 1 1990; (d)evaluation of flood hazards in floodplains in accordance with EO 1 1988; (e)assurance of
project consistency with the approved State management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. 1451 et seq.);(f) conformity of Federal actions to Slate (Clear Air) Implementation Plans under
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-1 et seq.).
14. W itl comply with P.L.93-.349 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-S44, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care,handling,and treahnent of warm-blooded animals held for research,teaching,or other activities
supported by this award ofassistance.
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 'rrlLE
APPLICANT ORGANIZATION DATIE St.ltiCv III ED
Monroe County Board of County Commissioners,Social V �
Services/In-Home Services
Page 47 of 72
Contract Number AA2529
ATTACHMENT VII
CONTRACT BUDGET SUMMARY BY SERVICE AND TITLE
eCIRTS SUMMARY FOR THE AGENCY
Re i A Coun dude Total M is as X� titastvnatq Maximum Maximum Maximum
U Maximum
Program Services to be Provided Service mum Maximum Maximum
Maximum
rd�� I
f Units of Units of
t)_
Unit Rate Units of Dollars UUM of Dollars Dolls" Dothus
Seevtcc Service Service Service
.................. . .....
39.00 2 00 118 S 4,43000
r............ ...... .....................
173 S 4,48000
OA3i3 Homemaker„ 3i 2 1'37 7 24 S ?7,520 00
.......... ...............-... ......
................................... ..............
2 A3[1 aLtenin 8c Assessment 90.00_. !. 29 2,6W50 5 00
�w_ 11........ . ........ .............................. ................ 0......... 2,1 tl"i000W
.......... .......... ............... -------------.............. ........
........... $ 15.00 . 75000 ..1.,.5..0..0....O..f..?
........... .92a Nutribon Education $ 2.25 133 300,00 267 b 6(9)W
03C I N 600,00
........................
03CI Cargrepte Meet%,Scicening S 45.00 33 1,5W.00 73'Tf�06_ _,__67 3,0 1 W 00
63C2 Nome Delivered Meals Frozen $ 10.00 10711 107,1 S„123,I79.D0 13,658 S 210,594R.)
03C2 Emergency Home Delivered Shelf Meals $ 1500 -60 900.00 67 .................. 127 S 1,900,00
03C12 Noirriron E4a" $ 125 1 179 400,00
,
. - l 11 S '700 00
93(2 Nu=on CounseI P 95. 0 3 YAW A 37 $ 700(K)
_ .. .. . . — -
Tq2 Screening;&Assessment W00 21 I'M.00 iii
2,22300 46 $ 4,116.00
160 24, W) S :,1,44000(K)
2A3D Chronic Disease Self Management 2,651.67 2 5,450.00 2 S 5,450,00
..........
PASE AihApsy,pare, 110 22,02U0 110 $ - 27 S 44,,(90 M
I - -1,111'r _._ i-.-L2 R-Ra I -,-.-... - --
$ 6.35 S 2.8,560,00
._A�.,!?q�....................§��...........
RmA., 4,133 S 67,W),00
.................................................. .........
OA3E L!:!!T!! !&tAAs!!se2s!sament 996.00 7 $ 664 DO 9D.00 18 S 1,66000
pAlp §qer ................... 11.99 (jo r 00
, 222 1�� _,_2-p S lopm)... ...............
2AIEG HomeDekveredMeals S 10.00 2,000 20000.00 2,WJ S 2000000
OASES Chore $ 40 1X) 500 S 20,(KX) 0
0
I................ .......................................... 11,11.1 .................11111111111�� �n . - -
OASES Enhanced Cherre $ 45.00
.......... ........... . . .... 161 S 7,25(..m............)
. . .........
OASES Mater�alAufe
15000DO.
.....
QA3ES Housmr,InTrovement Cost Reimb 1 00
. ......... .............. ..............
21,110.00
i4oiso 5719,281,00
...................
Page 48 of 72
Conti-act Number AA2529
ATTACHMENT Vill
OLDER AMERICANS ACT CONTRACT REPORT CALENDAR
ADVANCE BASIS CONTRACT
Report Number Based On Submit to Alliance
On This Date
I 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
8 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 4 1: Report#I for Advance Basis Agreements cannot be submitted to the Department of
Financial Services(DFS)prior to January I 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 43: 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 72
Contract Number AA2529
ATTACHMENT IX
REQUEST FOR PAYMENT
FORM 106
OLDER AMERICANS ACT I NSIP
TAPE OF RL M� RT
PROVOER kAMF,ADDRESS,,PWME&FED ID NUMBFR
Advance
pmv'dw'Na,e i................................ n@2211...........
Pmv,dv Addmss
Pvm; I
.................................
.................------
rERTIF CATK N, I hp etly w6fv @v Ah"',0*,a dmy S"'.Wdedoe I'M Y' aeque"t"xlr'r""n, fj'*w,'ls"ml th.p'rpow.w",v
pmpved By .......... uv'o Appmved Oy ............................. Date
BUDGET SUMMARY MCI TOTAL
............................. ........................................
—C, ............
—7� DOT— 0 G�.T 0
............ .._.................................._.._........PDT
......................
...........
Can-sact Ba[ana:r
......... ..............—-—------RRL 00
!j,lvm k PY ItA,,wm BiPed _Rol 0
..............
........................
U 00 0 oa 0 Vol
ReWe.td fo, oul 0001—--------
5:1 4.11 lTAh Ill"P r—'-
Page 50 of 72
Contract Number AA2529
ATTACHMENT X
EXHIBIT I
RECEIPTS&UNIT COST REPORT
OAA SubTitle 111-B
0 AA I
..........
OAA 01kc I
OAA M C2 Pened 0
777—3
.............
Reggmnrtn
................ .............
pmpave(i by .......... Aopo ed IL)v . ..............
Mr 0 ME Rh,C Elp I S A AppYolmd Kodqot S At.tual Total7illino v akrt MtI too D ^A 0 Appmvocl vriarvm,V113
Date Budget
FedeqW Fwt�d.s 3 ...................... ..............
.11-1-11",............. ................ ...............
Fkvvquaftll h1come — --—
(:Orlh mdft'h Qflfle ("1,C2,WEA
�>LIBIMAL. ll.wh Rempts
Local 4n Xmd match OMADI
TAL RECEWITS E E s
&YaMe unol rust.Af pon 0ndupticated Clmms
pA (8 p 4Co On p QEU dF flG �oA li
Seroce coellyac"t b0abWe Unit A ite, Ami.mint E,.a?r Y-T-D y-TM culTent monilh af.T.D
Code Amounk MoVi ftlmP,Wx* ffifll"W BIM able Undup Clients Undiop M.,Woff.YTO pd.,W, w
areal fl'Qw YMif
✓
.......... ..........................................- -------------- ........
..........
$
. ......... ......... .............................. ............ .............
$-1-- :-.-- � -i— ..............
MA
MtpIIM a tt ..............
7 .................. ........... ..........
................... ............. ...................
Total $
FSAOI�OAAN,',PF—A
Page 51 of 72
Contract NLH-nber AA2529
AWACHMENTX
EXHIBIT
RECIEPTS IEXPEN4CYOTURE REPORT
NSIP
PROVIDER NAME,ADDRESS,PHONEW PR(,X;ftAM FUNDING SOURCE:
...........................
..........................
0
0
...................................
0
.........
. ff—
........................ . .. ..... .
.......................................
CF.
Box purmys*��set flvh
F: A tow aw, h. —,w
RTI tC r I M to -M 110111,1-014 f-
in U*mntma -
PreV)rLd bV aAe Awroved by Date ............................
isqvwep
.................
PRrvxxpsyF5'UWE....................
---——----------
OAAFuj'Wel lw*&. ,UNtCS' 0 0 6
----------------- .............................. ........--..........
LSP FunWd Wits UW'S' 0 0 0 P 0
.......————------------------------------—---
NOP FuivM Was;UNIT S 0 0 0
..........................................................................
rutal Furded Wals UNRS 0 0
.. .................
.............. ................................................................... ......................
Lne I Times$72 cents pet Meat
F-- Mit—)T.---T—
rD Tolat Exg*fdbme.� $000
.................. ...... ..........................
.....................................................................
CONTRACT SUMMARY
Approved Gattract Amawt
Actual Expenditures for tms ReW
TWI Ex uros Year to Date $0 VlQ
Contract BVance Ivi�Ou �
Shmdd remmip.to Cl and C2 urtits,Wted for the Yumth If MP an expatarifian m1w, bp Wavy below
.........................................................— ..........................
............................................................................................................——------------------ ------......
...............
PSA A I OAA N F F—FL—D.—,b.2024
Page 52 of 72
Contract Number AA2529
A'I'TACI- MENT X
EXHIBIT 3
SA/PROVIDER MONTHLY MEALS REPORT
PSA Number 11
Month of Report 0
Number of days served this month
Total number of meaNs,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 to housing facilities occupied primarily by
elderly at which congregate meal services were provider during the month.
Provider Name Congregate Meals Nome-Delivery Meals Total
0 0 0 a
TOTAL: 0 0 0
1 certify that the above information is accurate and complete to the best of y knowledge.
Signature: itle Date:
PSA#11 OAA NSIP Forms,Revised Decedmber 2024
Page 53 of 72
Contract Number AA2529
ATTACIIMENT*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:tlWrod
Address iM 5F-6�-- Completed By K:1re\
City, State, Zip Code O Dale I Telephone
f 0
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:
P.ILD A- I
I
2. POPULATION OF AREA SERVED. Source of data: sc' N
F t-T* -/o -- erru
White %Black —Jj9/.Hispanic %Other ]Y eLlFernale
.i -4N'-6
3. STAFF CUR ENTLYEMPLOYED. Effective date:
ITotal#16 —7 %Hispanic 84 %other TV16 FemaleDisabled%White%7 /.—lack % 1
4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: I I 1 1 z5'
Total# %White %Black %Hispanic %Other %?o Female I(oVo Disabled %Over 40
5. ADVISORY OR GOVERNING BOARD,IF APPLICABLE.
Total#c.-:'l % h8? %Hisknic Ver %Frr)ale I %Disabled
62
PART IL USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE.
6. Is an Assurance of Compliance on file with DOER?If NA or NO,explain. NA YE5N0
nra ®
............................"I'l""I'll""I'llIll""I'llrl�rl-1111111111111111""Ir.1111��'��1-1-1----------------.....................................................................................-------------------------- ....................... ...........
Page 54 of 72
Contract Number AA2529
'7. Compare the staff composftn to the population. Is staff representative of the
population?If NA or NO,expWn, NA YES U 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. 11 210
—--------- ---------------------------------——----———---------
................................... ..........—.................... .............. .................... ...........
Page 55 of 72
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.70__If NA or NO, explain.
.................-..........................................._"_"'.'--------------------------------.............................................
................... ........................... .................. ................................................
............................. —_____----------
10. For in-patient services,are room assignments made without regard to race, color, national origin or disability?
NA YES—NO_ Of NA or INO, explain.
......................................... .......................... ................ ....................
.......... ............... "EY.................................................
TA............................
............................................................. ..............din.-
................ ...............1111111-1-.1.1.1..........____........................................ ......................................................................
..................................
11. Is the program/facility accessible to non-English speaking clients?If NA or NO, explain
................ ...........1.1111-1-11-11,11111,l,"""""""""'.lI..............
12. Are employees, applicants d rti i a r and pa icip .�s informed their protection against discrimination?
L."
If yes, how? Verbal V Written 'L'&__1 Poster (91f NA or NO,explain.
........................... ..........
13. Give the number and current status of any discrimination complaints regarding services or
employment filed against the program/facility.
..............................................................4-—___-.....
---------------------------
..............
14. Is th p, ram cility physically accessible to mobility, hearing, and sight-impaired individuals? NA.........
YES.
N-0 NA or NO,explain.
�00_ If�
............................................... ........... .............................
--------........ ......... ................................-.,_'.r................
PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 16 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.
—------------------------------------------------------- ---------------------------------
------------------- -------
I& is there and establi.Oed grievance procedure that incorporates due process in the resolution of
complaints?YES_tA( If NO,explain,
---—---------
........................................."I........................ ....... ........... .......
....................................... ......................................... ........... ....................
Page 56 of 72
Contract Nurnber 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.
---------------------------------- -------------------------------
----------- -------------------------------------------------------------
......................I---------
19. Are auxiliary aids vailable to assure accessibility of services to hearing and sight impaired
individuals? YES N'0...If NO, explain.
----------
.......... ...................................,,r,................................
................................------ .............................. .......... ....... ...... ................................................................
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? YES NO® If NO,explain.
....................... ............... ....................... .....
..................... ...................... ........... ...................-.................... .....................................
Alliance USE ONLY
Reviewed By In Compliance: YES NO*C'
Program Office *Notice of Corrective Action Sent —1-1—
Date Telephone Response Due
On-Site 10 Desk Review 11 Response Received —I—/—
INSTRucrIONS FOR THE CIVIL RIGHTS COMPUANCE 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
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 American
Indian/Alaskan Natives.)
3. Enter the total number of full-time staff and their pet-cent 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 prograrn 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 program 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 DOEA 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, it' 10% of'the
population is Hispanic, is there a comparable percentage of Hispanic staff`?
8. 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 discrimination. 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 oFsuch 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 CFR
80.1 (b)(2).
10. 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
803 (b).
I I. 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 prograrn/fitcility and all services 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,prograrn
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
Page 58 of 72
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 program/facility.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, restrooms, 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 rnobility 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:
L'J With the assistance of a disabled individual/organization, evaluate current practices and policies which do not
comply with Section 504.
1 1 Modify policies and practices that do not meet Section 504 requirements.
I I Take remedial steps to eliminate any discrimination that has been identified.
I I 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 employ 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 amended.
Page 59 of 72
Contract Number AA2529
ATTACHMENT D
DEPMTM04T OF EIDER AFFAIRS
BACKGROUND SCREENING
ATTESTATION OF COMIPLIANCE - EMPLOYER
AUTHOR=-.ALL EMPLOYERS are required to annually submit this form attesting to
compliance with the prosisions of chapter 435 and section 430.0402 of the Florida Statutes.
The demo"tvnployer"we=my per-oo at awry twrxovd by lave to condad backpouaarcl ,-asdmg
bads not InnAk to,Area Ageaaatm an A.g /A.gtog and Dlsabd ty Resource Canters„l.xad A vw%,amd Sen-we
Pvwukn that contract durectly or mduw.*wdh the t)etparhowA of Eider Affais(DO EA),and am other pwwoo
or entaty w66 hires ezdsl"oeb,or ha:z vol wafters in sen ioe who oaea the de refton of a dared sex+,ue proxwber.
Sec§§435.02,430..M2„Fla..Star,
A direct servive provider is"a person 18 years of age or older who,pursuant to a prop=to prmida semkoes to
the elderly has direct,face-to-face contact with a chart while pnrvuimg servace^s to the chat and has access to
the vh*vt'v Inang arras,fiends,personal propirry,at personal identiSicanon mfonnation as defined m s.917.568
The taun also mchwk s,bee rs rot bm red to,the administrator or a sin ilarly bled person who as responnble for
the day-to-day operauons of than provider,the financial officer err smnalarly titled person who as resyomable for the
operabons of dw prodder, coordmators, managers,, and supemson of arewdminal t:es, and
,and any otb*x per-.on*A=g en*oyment wdth a plat-adtr who is agxcte d to,or wbow responaabzblus
y requLre bras or her to,provide personal cam or smaces duectly to ,or hire access to cheat finds,
finAwW nix.,legal maattert,personal property,or Irving areas §430.0402(l)(b),Fla_Stat (2023)
As the duty authorized representative of: r t 3 � t`y ix- S
(Name of I )
Located at1.... ....._µ . ...._
Strut address City State Zip Code
UnderperWty ofpequry,I. A„ „,,..,, ..... _., '" ..._m.........._..........m.........._........... ................. ._
of tiW)
hereby swear or iffirin that the above-named employer is in compliance vnth the provisioms of chapter
435 and ,ho 4310 0402 of the Florida Statutes,regarding lesrel 2 background screening
Sipature of Representative Date
DO£A Farm 235,Aft=w=of Comph=e-Employs.Fffactmv Oetabes'M23,F S
Farm-MIMMesrrllna .,.. r4 ups i . m� rzg::Nupxn,s�n3 spa°an,tl „ruv ii £_ r;amxa g,f q4b ^, r�sue ,:
�,a;s°r*.�_np7art ariue�2�r»<ubi,�s��Gasn�xisa
Page 60 of 72
Contract Number AA2529
ATTACHMENTF
Alliance for Aging,Inc.
Business Associate Agreement
This Business Associate Agreement is dated I I_9,14 , by the Alliance for Aging, Inc. ("Covered Entity") and
Monroe County Board of County Commissioner., Solial Services/In-Houle 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'PI-fl,as set forth in,but not limited to the Code of Federal
Regulations(C.F.R.), specifically 45 CYA, §§ 164,502(c), 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. §§ 164,308, 164.310, 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 of security 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.
2.8 Confidentiality, The property that data or information is not made available or disclosed to unauthorized persons or processes.
Page 61 of 72
Contract Number AA2529
2.9 Electronic Protected Health Information (ePHI). Health infbn-nation as specified in 45 CFR §160.103(l)(i)or(1)(ii),
limited to the information created or received by Business Associate frorn or on behalf of Covered Entity.
2.10 HITECH.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 normally 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 ofa 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 Pall 164,
subparts A and E.
2.18 Protected Health Information(Pill). 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 term"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.
2.24 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 tinder 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 terms 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 72
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 oras required by law;
(c) Reasonably and appropriately protect the confidentiality, integrity, and availability of the ePI-II 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 §§ 164308, 164.3 10,
164.312,and 164.316.
3.3 Business Associate agrees to mitigate,to the extent practicable,any harmful effiect 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 PI-11 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 Pill 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&crefaty of MIS of'Breach of Unsecirrect Protected 1-W11h Iqlbrolation
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 amendnient(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 PHI,rclating
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
Contract Number AA2529
3.13 Business Associate agrees to implement security measures to safeguard ePH1 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 ofthe 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.
5.3 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§164.502(j)(I).
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.allianLeforaging.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
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 111-11;and
(c) Provisions hereof mandated by ARRA, HITECH an&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.
83 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 01-11,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 an&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 spccify):
Page 65 of 72
Contract Numbcr AA2529
To Covered Entity: Alliance for Aging,Inc.
Attentiow Ma:c Rothman
760 NW 107 Avenue
Miami.Florida 33172
'ho Business Associate: Monroe County Board of County Commissioners,Social Services In-Home Services
1100 Simonton Street,2`11 Floor
Key West,FL 33040
Arty such notice shall be deemed delivered upon actual receipt. If"any notice cannot be delivered or delivery thereof is refused,delivery
will he deemed to have occurred on the date such delivery was attempted,
15:0 Governing Law. The laws of the State of Florida, without giving effect to principles of counict cif laws.govern all inatters
arising under this agreement.
16.0 Severability, if any provision in this agreement is unenforceable to any extent,the remainder of this agreement,or application
of that provision to any persons at circumstances other than those as to which it is held unenforceable,will not be affected by
that unenforceability and will be enl'nrceable to the fullest extent permitted by law.
l7,0 Successors. Any successor to Business Associate (whether by direct or indirect or by purchase, merger, 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 relating to the subject inatter of this agreement
and supersedes all other oral or written agreements or policies relating thereto, except that this agreement does not limit the
amendment of this agreement in accordance with section 10.0 of this agreement.
Covered Entity: Alliance for Aging,lnc.
Max B �otah Date. Jan 6,2025
$},,Mae imum+n u.n4tu<7.nrsA -
(signature)
Business Associate; Nlonroc County Board of County Commissioners,Social services/!n-flame Services
Christine 0 s t n e H u r{�y Digitatiy signed by Christine Hurley
l l t f 1 i Date:2025,01:02 14:10:22-05`00'
By Date:
(signature)
}
Board of County Commissioners J Attes# IKevin Matlok, Clerk
of Monroe County, Florida
t AS Deputy~ erk
Mayor Jam s K.Scholl
n •v.v ur i,F,u mttsctt Viz ,t a
�. .�.1
Page 66 of 72 r t
�iit 7-3
Contract Number AA2529
ATTACHMENT G
Alliance for Aging, lite.
Aging and Disability Resource Center/Elder Helpline
AGING AND DISABILITY RESOURCE CENTER(ADRC)—OUTSOURCED FUNCTIONS
I. If applicable,the provider agrees to the 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 Termination from Waitfist-Client Services
B. Maintain wait lists in cCIRTS 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 ADRC Outsourced Functions, annually or as needed to
incorporate ADRC 011tSOUrced 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
Contract Number AA2529
Alliance for Aging, lire.
Aging and Disability Resource Center/Elder 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 determining 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 701 S assessment, Alternatively, if a 701 A(B)
assessment already exists or is provided from another Provider the information from the 70)B car) 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
eCIRTS.
5. For non-case managed programs, the Provider will create a client record in eCIRTS (if there is no existing
record)and enterthe 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 under 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
Contract Number AA2529
Alliance for Aging, [tic.
Aging and Disability Resource Center/Elder Helpline
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
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 ifthe 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 under 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
Contract Number AA2529
Alliance for Aging, Inc.
Aging and Disability Resource Center/Elder Helpline
Policy and Procedure for
Termination from 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 accurate 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 set-vices 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 termination code far 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
Contract Niunber AA2529
ATTACHMENT H
CERTIFIED MINORITY BUSINESS SUBCONTRACTOR EXPENDITURES(CMBE FORM)
IN1010ESS( B1117-1-LD 701lLL1.1,\CE
PROVIDER: ----—
CONTRAC,r NUMBER:
*REPORTING PERIOD-FROM- TO:
*(DATE RANGE OF RENDERED SERVICES, MUST MATCH INVOIC-L SUBMIrrED)
`0 .I / L-Q12E L'10 VS A/—850-11-1-2153
\-7',C7'DOt,,,IC.ilBECOORDf,\,,II'OR[OR,,,$,\,
------—------.................................--- -----------------................................ ------------------------------------------------------
�—UBCOITLB&91QEAAM� Su_BCONTRACTOWS LM—B L ENMMQLRLW�
Ektia
----------—111,.............. ---------------------------------------------------—-- —-—-------------
--------------------------- e —----------—
----—--------------—----------- ------ ......------------—-——---------—-----------------
-------------------------------------- N ..................................................-.— —-----
------ ---- ———-----—-------
ao .................
--------------
------------------------------------------------------------------------------------------------
----------- ---------—--—------
---------------------------------------------------------------------- ---------------—------------
- --------------DOEA USE ONLY--REPORTING ENTITY(DIVISION,OFFICE,ETC)
SEND COMPLA-'.11'ED FORMS VIA INTEROH ICE MAIL,1'0;JUS]IN TAYI.,OR
CMBE COORDINATOR.CON'I'RACI ADMINISTRATION&1`1JRCHASINGJALI-AHASSFE.11,010DA 32399-7000.
.......................
If unsure if subcontractor is a cenified rninority-�j�lier click an th
------------------------ — -Lie hyperlink below.Tinter the.naryle of the-m click
"search".Only Cerffig�4Minorijy Business Entities)wKiffl�bedis displayed.
h_t.jtps-//osd.drn,,s,myflori&a.com/d irectcgie!-,;
......................
[\'S7'R1JC-T10,\S
(A) Enter the Pros ider name as it appears on your Alliance contract.
(B) Enter tire Alliance contract nuirilm'.
(C) Enter the service period matching the current invoice's service period.
(D) Enter all certified roinoi-43 business expenditures for the tune period cosered b) the invoice:
I. Enter certified minority business narne.
2 Enter the certified rninori(y business FEID nurnbcr.
3. Enter the certified rainorit) business CMBE nUrriber.
4, Enter tire amount expcndcd,,N ith tire ceniflicd minority business for the tints period cos erect by the inwice.
(F) CMBF be form must accornpan imoi"submitted to the Alliance Cr processing.
Page 72 of 77
11
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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 $719,28 1.00 to $742,84 1.00 for the contract period
of 1/0 1/2025-12/31/2025. 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
AMENDMENT 001 CONTRACT AA-2529 Page 1
This Amendment entered into bctwccn 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 NSIP funding to contract AA-2524
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$742,84 1.00 subject to the availability of funds.
t. ATTACHMENT 11,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 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.
CD
CD -rt
MONROE COUNTY BOARD OF COUNTY -rt
COMMISSIONERS,SOCIAL CST►;
SERVICES/IN-HOME SERVICES ALLIANCE FOR AGINGANC.
Christine E) ""'nay"y r}�}
Date:2025Mo
SIGNED BY:Hurley ,502:70-0SVO SIGNED BYaet�eat:aetra�aesan�sssases
Christine Hurley
NAME: NAME: MAN B. ROTHMAN.JD, LL.M.
County Administrator TtTL.E:,,..._.. _ � :....:. ...._. ... TITLE: PRESIDENT AND CEO
1/2912025 Jan 30,N25
DATE: DATE
Digitally signed by Eve
t
Eve M.l.ewis""eMJS «
� 'P ,t?-V
Date:202s.0{.29 �. 1"j�^r{ VtL .�)
Approved for form and legal sufficiency a �A. .,.
Eve M.Lewis,Ass"st nt C nt ttorney Attest: Kevin Madok,Clerkx
m�K.Scho�11,Mayor By. A Deputy Clerk - a°�
AMENDMENT 001 CONTRACT AA-2529 Page 2
ATIFACHMENT 1111
FINANCIAL, AND COMPMANCEAUDIT ArrACIFIMENT
11EXIIIII[BIT 2-FUNDIM."; SIJMMARV
AT-11' .-HIAUN-11- #1, Exhibit I he provkkd to the recipiew-The M;cubwd is a Iprediicfiion of Nn&np,sourcesand ircdnstead jrrfjourj�'s
ba-sed On zk-ctTlIllumv,bud?
'FlUl' FOILILOW11NU
.................................................................................................................................................. ...........................................�...................... ......................................................................................
PROCIANI TITIL E ll'IJN I LNC S RC CTM AMI I.N1,
........................................................I........................................................................................... ------------- ................... ........................................................
Aimie.irhmnsAvi LLS.Hc-ihh and Huvmwjtj Scr%uccs 910,14 S69.2 t d.00
........................................................ ................................................................... ...........................................................................................................................................
Ohkr Airmicii-h.,ans Act. U'S. 11 wmc�H'urnan Servkcs 93,045 W&U00,00
'NPvHIC d -Colyi -',ate M ea k
.................................................. ............................................... .......................................................
.......................................................................
(Nder/h,itrciricaxvs Act,
'Fhh""MIC2---JI-11cmTrIc Delivewed meak U-S, 11 Ycllhhand hunlon seg,vilces 93.0,15 $23&000.00
................ .............................................................
Oider Airfnunrk,-ans Act U. S. FfiN villMm and PWrnon Sem ices 91043 $29A50,00
Tdfljc Mr)
............................................................................................................................. .............................................................. .....................................
s Arc,Amic umm t V36.26(100
➢"loll lldUd :"xrnn'6'10r Support sell-vkcs
'Ll"13, Hl.""�Ihhwffd Hmmmjl�ser-61ccs 93.052 S30"000,00
ll�.I E C arep;.vor Support Services 3 6 1)
irtlla;
i5i"ll"'..T A ii t c i cans Act.
........................ ..............9-3.......................... ..................................................................'R and Uumn S- M3 523,560,00
NuTtfrWorjServices Mcenfive Prosi��2i Ir................................................................................................................................ .................................................................. ......... ................. ..................................
TO T4 L Fr,DERA L A WA R D S742,841-00
."I'll"I'll—...................................................-------- ...................................................................I.I..................
C0Mll`lL11A1l4Cf-- RE'QUIREIMEN-11"S APIFIACABLE"FO-II'll
CONTRAC F ARIE"AS FOLLOWS�
ll"Lpl'-'21441.1
2 CTR Pan.200-UT04irim Administxafivc Rcqkdreiineiins. Crcpst Prunciplh^& and Auidit Requirements ror F"ederall wands,OM11.3 Crcullw
A-1133-Audil.-, LocA(3ovemimems. and Non-Pirofe
2. S JI A U E RI'SOURCES A WA RDEA)TOTH L"Rl"'Cl M ll:'N ' PURSUANT TO I'll I 1I S CONTRACT CO'PIM,ST OF'T'll jr--
FOL L()W d N
IMA�C11 UNG RE'SOUCES FOR IFEDLIRAIL PROGRAMS
............. ............ ...........
PR(X;lKArVfl 11111 E FUNDING SOURCIF-
..................................................................................... ............................................................................................... _A M 0 u N'r
..................................................................................................I..................................
...............................................................................................................................................................
TOTAL S-11-ATE,AWARD
...........-1.............................................;...................I..............................I.-...................................................................................................................................................................................
STATE. TINANCIAL ASSrrANCIF suiFwir,'c'vro sec.2115-97,li's-
. ..... .................. ..................... .............................................................
PROGRAM Fl-II'lL.IF' IUNINING SOLJIKCIL� (,::FICA =AM 07k J N�I'l I]'
.. .................................................................................................................................... .........................
....................................................................................... ....................................1-11=1-111.......——--------------
..................................................................................... ........................--.......................................................................................................................
I'M M-A WARD
..................................................................................... .......................................................................................................... ..................
COMMIJANCE REV-SIM MEMIFS APIPLICABILIE" 'T"C)STATIF"' RF`�,,,0lUIR.ClF`S AWARD11'-'ID PURSUANTI-O'll"IMS
CONTRACI�"i'F'AS F'0i'.J1.,OWS;
�5 1 6&
S'ecf1ion 2115.97, (""hallAtir 6%6, FA.C., IF efereirice Guide Cmr Sync IEXrxrujiaulvs.Olh'.-f fisut Mquk,cments,set un ppgragn Ow vs.in,.desand
AMEN IDM EN"r oo.i CONTRAC-7 AA 2529 ll."age 3
ATTACIIIINMENTVU
('ON,rlllkACT BUIDGIET
eORTS SUMMARY FOR THE AG ENCY
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.......... ........... —0,30D 00 451 s 3-MO
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El:Ik:,:r—_I'; 2 FO—00—Ro
11
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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
AMENDMENT 002 CONTRACT AA-2529 Rage 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 IIIB funding for the In-Home Bundle in both
Region A and Region B.This funding increases the total Contract funding by$210,000.
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$952,841.00 subject to the availability of funds:
L. 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.
NRM CO Wt
MFINEY
1+.>NEFORM
PE b
MONROE COUNTY BOARD OF COUNTY ass{ Nn ATTORNEY
Dace COMMISSIONERS,COMNIISSIONERS,SOCIAL
SERVICESAN-HOME SERVICES ALLIANCE FORAGING,INC.
SIGNED BY: SIGNED By.Max B:Rothman{Mar 21,zozs t3-05 EM
Digitally signed ,
NAME ��, „a NAME: MAX B. ROTHMAN.JD.LL 1 "s» r
17-,,,r+�i„�— -r _ -v C
Hurley
TITLE;,. -1 ,„jam Date_ _ TITLE PRESTO NT AND CEO c; p
C f fL71"I%-,Y 09.10:19-04 00
21, 2025
DATE: lA .� b
Attes Ivn,`} dok, Clerk ».
ames K. Scholl,Mayor a�° stet 'lerk
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 $279,211.00
Title IIIB—Support Services
Older Americans Act U.S.Health and Human Services 93.045 $138,000.00
Title MCI—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 ME—Caregiver Support Services $136,260 Title IIIEG—Caregiver .Support Services U.S.Health and Human Services 93.052 $ , 0M
00
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 S952,841.00
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 Federai 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 ASSISTANCE:
Section 215.97,F.S., Chapter 691.5, F.A.C., Reference Guide for State Expenditures,Other fiscal requirements set forth in program laws,rules and
regulations.
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76/10/2025
TE(MM/DD/YYYY)
AR" CERTIFICATE OF LIABILITY INSURANCE
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 ac No Ext:954-323-0355 A/C No):954-906-1499
Suite 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 Liabiky 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.
ILT R TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DD/YYYY MY EFF MDD/YYYY LIMITS
LTR
A X COMMERCIAL GENERAL LIABILITY Y CSP0986759-02 1/31/2025 1/31/2026 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X.I OCCUR 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 UMBRELLA LIAB X OCCUR CSU0986759-02 1/31/2025 1/31/2026 EACH OCCURRENCE $1,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED X RETENTION$in non $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER
ANYPROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT $
OFFICER/MEMBER 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 8/1612024 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.
APPftLI REK WANA03p4EINT
DATE_ 6.24.25 _
WfAMF M/A,_x Mm—
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
OO 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
76/8/2026
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
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: Ma ie Glenn
Aris Insurance Group PHONE FAX
3900 Hollywood Blvd (A/C.
A/c No EXt: 954-323-0355 A/c No):954-906-1499
Suite PH-5 ADDRESS: maggie@arisrisk.com
Hollywood FL 33021 INSURER(S)AFFORDING COVERAGE NAIC#
License#:L108602 INSURERA: United States Liability Ins.
INSURED STAROFT-01 INSURER B: GuideOne Insurance Company 15032
Star Of The Sea Foundation
5460 Maloney Avenue INSURER C:
Key West FL 33040 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1292696583 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 I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY
B X COMMERCIAL GENERAL LIABILITY Y 010059546 1/31/2026 1/31/2027 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 LOC PRODUCTS-COMP/OP AGG $3,000,000
JECT
OTHER:El $
B AUTOMOBILE LIABILITY 010059547 1/31/2026 1/31/2027 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLALIAB X OCCUR 010059548 1/31/2026 1/31/2027 EACH OCCURRENCE $1,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DED X RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Directors&Officers Liability ND01583906E 8/16/2025 8/16/2026 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.
APPROVED BY RISK MANAGEMENT
BY..........._G,/.¢e. _ ...n.¢.a.:.................
DATE �6.8.26
WAIVER N/A xYES
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
c/ �'/`._112t
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ATE
D06/08/2026 )
CERTIFICATE OF LIABILITY INSURANCE
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
PAYCHEX INSURANCE AGENCY INC/PAC NAME:
76250885 PHONE (877)266-6850 FAX (585)389-7894
225 KENNETH DRIVE STE 110 (A/C,No,Ext): (A/C,No):
ROCHESTER NY 14623 E-MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Hartford Fire Insurance Company 19682
INSURED INSURER B:
STAR OF THE SEA FOUNDATION INC INSURER C:
5640 MALONEY AVE
KEY WEST FL 33040-5983 INSURER D:
INSURER E:
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.*LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE
OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not
Applicable in WY
INSR ADDLSUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY
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 $
JECT POLICY ❑PRO ❑LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY X STATUTE I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ $100,000
A OFFICER/MEMBER EXCLUDED? ❑ N/A 76 WEG BM3TBL 12/31/2025 12/31/2026
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ $100,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $500 000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 1111,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 REPRESENNT�TATIVE
ACORD 25(2025/12) 91988-2025 ACORD CORPORATION.All rights reserved.
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