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Agenda 01/13/2015 Item #16D 3 1/13/2015 16.D.3. n EXECUTIVE SUMMARY Recommendation to award a contract to G.A. Foods Service Inc., for Invitation to Bid 15-6373 Senior Food Program. OBJECTIVE: To provide home delivered and congregate meal services for the Senior Nutrition Program. CONSIDERATIONS: Community and Human Services administers a Senior Nutrition Program for the benefit of qualified senior citizens, providing nutritionally balanced meals and monthly nutrition education using funds provided.through Older Americans Act Program(OAA) gradts. Congregate meal sites encourage the senior population to remain healthy and active by providing nutritious meals with the added recognized health benefit of socialization and organized activities,while nutritious home delivered meals allow seniors to remain independent and age safely in their own homes,!thus avoiding costly assisted living facilities. The program historically serves over 200 seniors at congregate meal sites and 100 homebound seniors each year. On October 20,2014,staff was notified that the current vendor would not be renewing nor would they be able to provide a short term extension of its contract with the County which ended on December 31,2014. Historically, staff starts the Senior Nutrition Program procurement process for the next calendar grant year five months in advance. The Community and Human Services Department and the Purchasing Department developed the Invitation to Bid (ITB)with applicable federal and state grant requirement language.The County's Local Vendor Preference language was not included as this practice is prohibited by grant regulations. ITB 15-6373 was publicly advertised on November 7,2014. Notices were sent to one hundred forty eight firms with a legal ad placed in the Naples Daily News and twenty two vendors downloaded full packages. One response was received by the due date of November 24,2014. Vendors were asked to price fifteen standard meal options to allow Collier County to make a selection based upon the lowest total overall cost. Staff determined that G.A. Foods Service Inc. was the overall lowest responsive firm,as detailed in the table below. Vendor Bid Amount G.A. Foods Service Inc. $67.87 total price per fifteen (15) standard meal options The proposed contract will be effective January 1,2015 to avoid a lapse in service.The County's standard purchase order terms and conditions are used as the instrument to procure services. The contract is based on unit pricing and services. To ensure the timely processing of payments by the Clerk of Courts,staff requests that the Board affirm that the Procurement Director be given the ministerial responsibility and authority to: • Add services to this contract by obtaining a price quote prior to initiating a purchase order; • Authorize direct material purchases if there are documented cost savings to the County; • Process purchase orders,notices to proceed,notices of non-compliance,and/or stop work notices; • Use Board approved total contract amount among and between line items; and Packet Page-1199- i{ 1/13/2015 16.D.3. • Authorize and execute supplemental agreements,amendments and changes by letter by the Procurement Director provided that the change is not more than ten(10)percent of the current Board approved dollar amount or total number of days to complete the project. FISCAL IMPACT: The historical annual cost of the services described in the ITB is $300,000. Funding will be provided by Federal Department of Elder Affairs grants through the Area Agency on Aging of Southwest Florida through the annual NSIP contract, and anticipated annual OAA contract. Funds for these services are currently budgeted in Human Services Grant Fund 707 Projects 33382 (NSIP),33403 (C1),and 33404(C2). The associated action has no new fiscal impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT:No growth management impacts are associated with this item. RECOMMENDATION: That the Board of County Commissioners awards a contract to G.A. Foods Service Inc.,for Invitation to Bid 15-6373 Senior Food Program and authorizes the Chairman to execute a County Attorney approved standard contract. Prepared By:Lisa N.Carr,Community and Human Services Packet Page-1200- .n ,�:x;rp�.,,. 1/13/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to award Invitation to Bid 15-6373 Senior Food Program to G.A. Foods Service Inc. and authorized the Chairman to execute a County Attorney approved contract. Meeting Date: 1/13/2015 Prepared By Name: CarrLisa Title: Grants Coordinator,Community&Human Services 11/14/2014 1:10:43 PM Approved By Name: GrantKimberley Title: Director-Housing,Human and Veteran S, Community &Human Services Date: 11/24/2014 4:24:08 PM Name: DeSearJacquelyn Title: Accountant, Community &Human Services Date: 11/24/2014 4:48:34 PM Name: BrilhartBrenda Title: Procurement Specialist, Purchasing& Generai Services Date: 11/25/2014 7:44:22 AM Name: Bendisa Marku Title: Supervisor-Accounting, Community&Human Services Date: 11/25/2014 1 1:13:25 AM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services, Purchasing&General Services Date: 12/11/2014 7:03:24 AM Name: Johnson Scott Title: Manager-Procurement,Purchasing&General Services Date: 12/11/2014 3:41:37 PM Packet Page-1201- 1/13/2015 16.D.3. Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community&Human Services Date: 12/12/2014 10:32:45 AM Name: CarnellSteve Title: Administrator-Public Services,Public Services Division Date: 12/12/2014 11:53:20 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 12/15/2014 9:50:40 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 12/15/2014 4:18:24 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/18/2014 2:26:05 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/6/2015 9:12:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/6/2015 9:22:12 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/6/2015 9:52:54 AM Packet Page-1202- 1/13/2015 16.D.3. AGREEMENT15-6373 for Senior Food Program THIS AGREEMENT, made and entered into on this day of 2015, by and between G.A. Food Service of Pinellas County, Inc. D/B/A G.A. Food Service, Inc., authorized to do business in the State of Florida, whose business address is 12200 32nd Court North, St. Peterburg, Florida 33716, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a Purchase Order. 2. CONTRACT TERM. The contract shall be for a period of one (1) year, commencing on Date of Board award. .-. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide quality bulk food and site specific or home delivery of pre-packaged meals and services for senior citizens in accordance with the terms and conditions of Bid #15-6373, specifically including Exhibit A "Scope of Work, Specifications and Response Format" and "Additional Requirements," Exhibit B "Grant Agency Requirements", Exhibit C "Granting Agency Forms", Addenda, and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. Page 1 of 9 Cp Packet Page-1203- 1/13/2015 16.D.3. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price as provided in Exhibit A Price Schedule, attached herein and incorporated by reference. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. Payment will be made upon receipt of a proper invoice and upon approval by the CHS Grant Coordinator, or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 CHS Grant Coordinator or designee, reserves the right to reject payment for hot meals with temperature readings below 140 degrees F and cold meals with temperature readings above 40 degrees F and the County will be reimbursed by the Contractor for the purchase of replacement meals. 4.2 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes,Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: G. A. Food Service, Inc. 12200 32nd Court North St. Petersburg, Florida 33716 Attention: Kenneth A. LoBianco, CEO Telephone: 727-573-2211 Facsimile: 727- 571-1652 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Page 2 of 9 CA Packet Page-1204- 1/13/2015 16.D.3. Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/ Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform the agreed- upon services in a manner satisfactory, to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. Page 3 of 9 Gp0 Packet Page -1205- 1/13/2015 16.D.3. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. Page 4 of 9 CAO Packet Page-1206- 1/13/2015 16.D.3. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Community and Human Services Department. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Bid #15-6373 specifically including Exhibit A "Scope of Work, Specifications and Response Format" and "Additional Requirements," Exhibit B "Additional Grant Requirements", Exhibit C Grant Agency Forms", Addenda and the attached Exhibit A, "Price Schedule" as attached. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Page 5 of Packet Page -1207- 1/13/2015 16.D.3. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Page 6 of 9 Packet Page-1208- 1/13/2015 16.D.3. Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statute. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. CONTRACT STAFFING. Contractor's personnel and management to be utilized for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. The terms of the Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof,without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 7 of 9 Packet Page-1209- 1/13/2015 16.D.3. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: , Chairperson Dated: (SEAL) G.A. Food Service of Pinellas County, Inc. D/B/A G.A. Food Service, Inc. Contractor. /� , J �. tom` / 1" /bt" First Witness Signature Rosalind H.Dawson-Contract Administrator Kenneth A.LoBianco,CEO TType/print witness nameT 1'Type/print signature and titlel' Second Witness Joyce Sharkey-Receptionist tType/print witness name1 Approved as to Form and Legality: Assistant County Attorney Print Name Pa'.:e 8 of 9 t;:}? Packet Page-1210- 1/13/2015 16.D.3. Exhibit A Price Schedule 15-6373 Senior Food Program (following this page) Page9of9 r� fL�i Packet Page-1211- 1/13/2015 16.D.3. O) cn )f) N. O) O O) 0) N. O 4 l0. O) r N 0) O) O O) O) u) v N O• - L. • Co, ¢ C 0 2 W L. Y CO Y 0) CO E .' 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DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/12/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If 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 Lisa Kibbey Commercial Lines-(813)639-3000 PHONE I FAx (A/C.No.Ertl: 813-639-3000 (ac,Nol: 855-299-7117 Wells Fargo Insurance Services USA,Inc. E-MAIL iw.certre t wellsfar o.com c ues ADDRESS: q @ g 2502 N.Rocky Point Drive,Suite 400 INSURER(S)AFFORDING COVERAGE NAIC# Tampa,FL 33607 INSURER A: Liberty Insurance Corporation 42404 INSURED INSURER B: Wausau Underwriters Insurance Company 26042 G.A.Food Services of Pinellas County,Inc:. INSURER C: North River Insurance Company 21105 DBA G.A.Food Service Inc INSURER D: Manufacturers Alliance Insurance Company 36897 12200 32nd Court,North INSURER E: St.Petersburg,FL 33716 INSURER F: COVERAGES CERTIFICATE NUMBER: 8482852 REVISION NUMBER: See below 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 TADDL SUBR POLICY EFF POLICY EXP i LIMITS LTR TYPE OF INSURANCE I INSD VWVD POLICY NUMBER (MMIDD/YYYY) IMMIDDIYYYY) X !,COMMERCIAL GENERAL LIABILITY TB2Z91458863014 03/15/2014 03/15/2015 I EACH OCCURRENCE I s 1.000,000 A _.-.- DAMAGE TO RENTED --- - L 1 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) :$ 300,000 MED EXP(Any one person) j$ 5,000 PERSONAL F.ADV INJURY I$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 PRO-X POLICY JECT r I LOC PRODUCTS-COMP/OP AGG $ 2.000.000 _ I B AS2Z91458863024 03/15/2014 03/15/2015 COMBINED SINGLE LIMIT $ 1,000,000 OTHER AUTOMOBILE LIABILITY CO accident) X- BODILY INJURY(Per person) $ ANY AUTO i ------- ---------...-.__............._................... ALL OWNED —,SCHEDULED i I BODILY INJURY(Per accident) $ , i AUTOS NON-OWNED I PROPERTY DAMAGE $ X HIRED AUTOS x AUTOS I(Per accident) x ,HCPD-ACV x I$1,000 I Comp/Coll Deductible ; $ C X I UMBRELLA LIAB X OCCUR 58110126868 03/15/2014 03/15/2015 I EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE I AGGREGATE % $ 15.000,000 AND EMPLOYERS'RETENTION$ 0 $ DED X I ILIT 01/01/2015 01/01/2016 X I STATUTE i_._.,.-LERH D s'uABa1TY 2015750298901 .. ._- ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ '� OFFICER/MEMBER EXCLUDED? Y NIA ) —" '_--" fi (Mandatory In NH) - 1 E.L.DISEASE-EA EMPLOYEE; $ 500.000 If yes.describe under i 500.000 I DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT% $ i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached It more space is required) Re:Contract#15-6373"Senior Food Program" Collier County Board of County Commissioners is named as additional insured as it relates to general liability in accordance with the terms and conditions of the policy.30 day notice of cancellation is provided to certificate holder in accordance with the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION Collier County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Procurement Services Department ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE 9( .� The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) (Th,s raNfirale'epleces certificate*8482842 issued m 12112/2014) Packet Page -1214- 1/13/2015 16.D.3. Policy Number: TB7-Z91-458863-013 Issued by: LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL CHANGE IN COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Schedule Name: Address: Number of Days: Performance Food Group, Inc. Attn: Risk Department 30 12500 West Creek Parkway Richmond, VA 23238 Collier County BOCC Attn: Purchasing Department 30 • 3327 East Tamlami Trail Naples, FL 34112 Vistar Corporation or Performance Food c/o Ebix BPO 30 Group Company, LLC Ref#98-1169 and Ref#-98-4694 PO Box 257 Portland, MI USA 48875-0257 We will not cancel this policy nor make changes that reduce the insurance afforded by this policy until written notice of cancellation or reduction has been mailed by certified mail, return receipt requested to those scheduled above at least: 1. 10 days before the effective date of cancellation, if we cancel for non-payment of premium;or 2. the number of days indicated in the Schedule above before the effective date of the cancellation or reduction if we cancel or reduce the insurance afforded by this policy for any other reason. • ED-02-02-0511 ©2011-L-iber-ty-Mutual-Group-of-Gem•panies-All-r-ights-r-eser-ved. Rage-I-of 1 includes copyrighted material of Insurance Services Office, Inc.,with its permission. Packet Page-1215- 1/13/2015 16.D.3. Policy Number TB7-Z91-458863-013 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/. Email Address or Number Days Notice: OrganIzation(s): mailing address: Performance Food Group, Inc. 12500 West Creek Parkway 30 Attn: Risk Department Richmond,VA 23238 Collier County BOCC 3327 East Tamiami Trail 30 Attn: Purchasing Department Naples, FL 34112 Vistar Corporation or Performance PO Box 257 30 Food Group Company, LLC Portland, MI USA 48875 (n c/o Ebix BPO Ref#98-1169 and Ref#98-4694 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, If any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named Insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. • All other terms and conditions of this policy remain unchanged. • LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Packet Page-1216- 1/13/2015 16.D.3. co N i--1 d• N - - - C) (f) Ct) N- 6) c) a) a) .a 'Q -O .0 lC 6) — N C) O) C) 6) O) m C c _ M 4 4 4 tC) 4 4 00 11- Vl w Z C • v C. 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Co icr County Administrative Services Division Procurement Services GRANT FUNDED (Older Americans Act! Dept of Elder Affairs) INVITATION TO BID Date: November 7, 2014 From: Brenda Brilhart, Procurement Strategist (239) 252-8446, Telephone Number (239) 252-6697, FAX brendabrilhart@colliergov.net, Email Address To: Prospective Vendors Subject: Solicitation: 15-6373 Senior Food Program As requested by the Community and Health Services (CHS) Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.netlbid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Lisa Carr, Social Services Grant Coordinator, CHS Note: All ITB responses can be submitted either manually or electronically including any required forms. iaocuremeriSseaces Depaim a•3327 Tamixmi T rai East•Naples,Florida 34112-4901•www.coliergov.ndpurchaaing ITB 15-6373 Senior Food Program Packet Page -1220- 1 1/13/2015 16.D.3. r lEll7iG7" County Email: BrendaBrilhart@colliergov.net Telephone: (239)252-8446 �—. Administrative Services Division FAX: (239)252-6697 Purchasing ADDENDUM #1 Memorandum Date: November 13, 2014 From: Brenda Brilhart, Procurement Strategist To: Potential Proposers Subject: Addendum #1 — ITB 15-6373 Senior Food Program The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this bid has been rescheduled to 11:00 AM November 24, 2014. ADD: Vendor will need to be able to provide bulk meals in ° size buffet pans if bulk option selected. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Lisa Carr, Project Manager Packet Page-1221- 1 1/13/2015 16.D.3. Co ier County Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Administrative Services Division FAX: (239)252-6697 Purchasing ADDENDUM #2 Memorandum Date: November 19, 2014 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #2- 15-6373- Senior Food Program The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: QUESTIONS/ANSWERS: 1. The table on page 36 that lists the requirements for Computer Assisted Nutrient Analysis does not include Potassium as a targeted nutrient. Was it your intention to not include potassium? Potassium should be included. 2. Could you provide the current average daily meal counts for both Pre-Plated and Bulk at each congregate site?East Naples, GA, and GGCC average 25-30 lunches per day. IMMK averages 25 breakfasts and 25 lunches each day-all pre plated. 3. How many meals are covered by CCE funding? Zero meals are funded with CCE grant 4. Concerning the Attachment 7- Match Form on page 26, is the required match for CCE funded meals only? The Match of this ITB which is funded with OAA grant funds. This is not a CCE funded ITB. 5. Attachments B and B1 refer to "Title IIIE" covering Adult Daycare. Will Collier also need meals that meet ADC Nutritional requirements? If so, how many meals will be needed annually to fulfill the ADC meal requirement? We do not need meals for ADC clients. Any reference to ME will be removed from the ITB. 6. Concerning number of copies to submit, page 7 calls for one Master and one CD, in contrast to page 20, specifying ONE ORIGINAL and ONE COPY. Please clarify. If submitting a hard copy, ONE ORIGINAL and ONE COPY on a CD are requested, if submitting on line, the electronic file will suffice. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Lisa Carr, Project Manager Packet Page-1222- 1 1/13/2015 16.D.3. Invitation to Bid Index PUBLIC NOTICE 3 EXHIBIT I: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL BID INSTRUCTIONS 6 EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 9 EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 12 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 18 ATTACHMENT 2:VENDOR'S CHECK LIST 19 ATTACHMENT 3:VENDOR RESPONSE FORM 20 ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION 22 ATTACHM ENT 5:VENDOR SUBSTITUTE W—9 23 ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS 24 EXHIBIT A—SCOPE OF WORK 28 EXHIBIT B:GRANTING AGENCY REQUIREMENTS(PROVIDED IN SEPARATE FILE) EXHIBIT C: GRANTING AGENCY FORMS(PROVIDED IN SEPARATE FILE) ITB 15-6373 Senior Food Program Packet Page -1223- 2 1/13/2015 16.D.3. Public Notice Sealed bid responses for Solicitation ITB 15-6373 Senior Food Program, will be received either electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time on December 3, 2014. ITB responses received after the stated time and date will not be accepted. Solicitation 15-6373 Senior Food Program A pre-bid conference will not be held for this solicitation. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergpv.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein ITB Documents obtained from sources other than Collier County Purchasing Online Bidding System may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital staus. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Joanne Markiewicz Director, Procurement Services Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on November 7, 2014. ITB 15-6373 Senior Food Program Packet Page -1224- 3 1/13/201516.D.3. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Community and Health Services (CHS) Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners purchasing ordinance. Brief Description of Purchase Collier County's Department of Community and Human Services is seeking a supplier to provide quality bulk food and site specific and home delivery pre-packaged meals and services for senior citizens in Collier County. The Vendor must submit a bid for both the congregate and home delivered meal service. Historically, the County spends approximately $25,000 per month on this program. Detailed Scope of Work—See Exhibit A Award Criteria ITB award criteria are as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • It is the intent of Collier County to award to the lowest responsive single vendor in accordance with the following methodology: The Vendor shall submit prices as requested for the per serving of Bulk Breakfast and Lunch, per serving of Pre-Packaged Site Program Breakfast and Lunch, and per serving Pre-Packaged Home Delivery Program Lunch. These prices shall be added together for a TOTAL. The lowest TOTAL shall be considered as the overall lowest vendor for award purposes. • The contract will be in the form of a Collier County standard contract. 15-6373—Senior Food Program Packet Page -1225- 4 1/13/2015 16.D.3. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable Event Date Issue Solicitation Notice 11/7/14 Last Date for Receipt of Written Questions 5:00 PM 11/24/14 Non-mandatory pre-solicitation meeting N/A Addendum Issued By 12/1/14 Solicitation Deadline Date and Time 2:30 PM 12/3/14 Anticipated Evaluation of Submittals Week of 12/8/14 Anticipated Board of County Commissioner's Contract Award January 2015 Vendor Required Documents In order to be considered for this contract award, the successful vendor shall demonstrate evidence of: • Department of Health License • Production kitchen location (street address, city, state and zip code) if different from address on Department of Health License • Food Service provider for a Senior Nutrition Program for at least three (3) years • A licensed staff Registered Dietician • Documentation of production kitchen inspection conducted by the state regulatory authority within the previous six (6) months (April 1, 2014—September 30, 2014) and any correction documentation made to findings made for that same time period • Menu substitution frequency rate (July 1, 2013 —June 30, 2014) for the clients. • Evidence of how the vendor has addressed site specific and home delivery ethnic and special needs meals for both congregate and home delivered meals and client choice of meals • Description of contingency plan to provide meals in the event of power outages, weather emergencies, etc. • Name, telephone and email address of single point of contact • Completed attachments including: a. Attachment 2: Vendor's Check List b. Attachment 3: Vendor Response Form c. Attachment 4: Immigration Law Affidavit Certification and e-Verify's profile page or memorandum of understanding d. Attachment 5: Vendor Substitute W-9 e. Attachment 6: Insurance and Bonding Requirements f. Attachment 7: Federal Match Requirement Commitment g. Attachment 8: Five (5) completed reference questionnaires Exhibit C—Granting Agency Forms I through X • Completed Vendor Price Sheet in Excel for the "typical meals and service" inclusive of all costs. 15-6373—Senior Food Program Packet Page -1226- 5 1/13/2015 16.D.3. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the Vendors intent to fully comply with the 15-6373—Senior Food Program Packet Page-1227- 6 1/13/2015 16.D.3. specifications as written. Exceptions taken by the Vendor may be deemed grounds forrejectcn of bid response. .� 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All paper bids shall be submitted to the County Procurement Director, Collier County Government Complex, Purchasing Building "G", Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's/DVD's) with a copy of the vendor's proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 15-6373—Senior Food Program Packet Page-1228- 7 1/13/2015 16.D.3. 11. Rejection and Waiver .-. The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 13. Certificate of Authority to Conduct Business in the State of Florida (FI Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 14. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. 15. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's purchasing ordinance. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 15-6373—Senior Food Program Packet Page-1229- 8 1/13/2015 16.D.3. Exhibit Ill: Standard Purchase Order Terms and Conditions 1. Offer b) No charges will be paid by the COUNTY for This offer is subject to cancellation by the packing, crating or cartage unless otherwise COUNTY without notice if not accepted by specifically stated in this Purchase Order. VENDOR within fourteen (14) days of issuance. Unless otherwise provided in Purchase Order, no invoices shall be issued nor 2. Acceptance and Confirmation payments made prior to delivery. Unless This Purchase Order (including all documents freight and other charges are itemized, any attached to or referenced therein) constitutes discount will be taken on the full amount of the entire agreement between the parties, unless invoice. otherwise specifically noted by the COUNTY on c) All shipments of goods scheduled on the the face of this Purchase Order. Each delivery of same day via the same route must be goods and/or services received by the COUNTY consolidated. Each shipping container must from VENDOR shall be deemed to be upon the be consecutively numbered and marked to terms and conditions contained in this Purchase show this Purchase Order number. The Order. container and Purchase Order numbers must be indicated on bill of lading. Packing slips No additional terms may be added and Purchase must show Purchase Order number and Order may not be changed except by written must be included on each package of less instrument executed by the COUNTY. VENDOR than container load (LCL) shipments and/or is deemed to be on notice that the COUNTY with each car load of equipment. The objects to any additional or different terms and COUNTY reserves the right to refuse or conditions contained in any acknowledgment, return any shipment or equipment at invoice or other communication from VENDOR, VENDOR'S expense that is not marked with notwithstanding the COUNTY'S acceptance or Purchase Order numbers. VENDOR agrees payment for any delivery of goods and/or to declare to the carrier the value of any services, or any similar act by VENDOR. shipment made under this Purchase Order and the full invoice value of such shipment. 3. Inspection d) All invoices must contain the Purchase Order All goods and/or services delivered hereunder number and any other specific information as shall be received subject to the COUNTY'S identified on the Purchase Order. Discounts inspection and approval and payment therefore of prompt payment will be computed from the shall not constitute acceptance. All payments are date of receipt of goods or from date of subject to adjustment for shortage or rejection. receipt of invoices, whichever is later. All defective or nonconforming goods will be Payment will be made upon receipt of a returned pursuant to VENDOR'S instruction at proper invoice and in compliance with VENDOR'S expense. Chapter 218, Fla. Stets., otherwise known as the "Local Government Prompt Payment To the extent that a purchase order requires a Act," and, pursuant to the Board of County series of performances by VENDOR, the Commissioners Purchasing Policy. COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase 5. Time Is Of the Essence Order if goods and/or services provided early in Time for delivery of goods or performance of the term of the Purchase Order are services under this Purchase Order is of the non-conforming or otherwise rejected by the essence. Failure of VENDOR to meet delivery COUNTY. schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, 4. Shipping and Invoices shall entitle the COUNTY to seek all remedies a) All goods are FOB destination and must be available to it at law or in equity. VENDOR suitably packed and prepared to secure the agrees to reimburse the COUNTY for any lowest transportation rates and to comply expenses incurred in enforcing its rights. with all carrier regulations. Risk of loss of VENDOR further agrees that undiscovered any goods sold hereunder shall transfer to delivery of nonconforming goods and/or services the COUNTY at the time and place of is not a waiver of the COUNTY'S right to insist delivery; provided that risk of loss prior to upon further compliance with all specifications. actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 15-6373—Senior Food Program Packet Page-1230- 9 1/13/2015 16.D.3. 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities VENDOR shall indemnify and hold harmless the Act and all prohibitions against discrimination on COUNTY from any and all claims, including the basis of race, religion, sex creed, national claims of negligence, costs and expenses, origin, handicap, marital status, or veterans' including but not limited to attorneys' fees, arising status. Further, VENDOR acknowledges and from, caused by or related to the injury or death without exception or stipulation shall be fully 15-6373—Senior Food Program Packet Page-1231- 10 1/13/2015 16.D.3. responsible for complying with the provisions of such breach and VENDOR has failed to cure the Immigration Reform and Control Act of 1986 within 10 days of receipt of such notice. as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be 19. General amended. Failure by the awarded firm(s) to a) This Purchase Order shall be governed by comply with the laws referenced herein shall the laws of the State of Florida. The venue constitute a breach of the award agreement and for any action brought to specifically enforce the County shall have the discretion to any of the terms and conditions of this unilaterally terminate said agreement Purchase Order shall be the Twentieth immediately. Any breach of this provision may Judicial Circuit in and for Collier County, be regarded by the COUNTY as a material and Florida substantial breach of the contract arising from b) Failure of the COUNTY to act immediately in this Purchase Order. response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of 14. Force Majeure breach. Waiver of the COUNTY by any Neither the COUNTY nor VENDOR shall be default by VENDOR hereunder shall not be responsible for any delay or failure in deemed a waiver of any subsequent default performance resulting from any cause beyond by VENDOR. their control, including, but without limitation to c) All notices under this Purchase Order shall war, strikes, civil disturbances and acts of nature. be sent to the respective addresses on the When VENDOR has knowledge of any actual or face page by certified mail, return receipt potential force majeure or other conditions which requested, by overnight courier service, or by will delay or threatens to delay timely personal delivery and will be deemed performance of this Purchase Order, VENDOR effective upon receipt. Postage, delivery and shall immediately give notice thereof, including all other charges shall be paid by the sender. A relevant information with respects to what steps party may change its address for notice by VENDOR is taking to complete delivery of the written notice complying with the goods and/or services to the COUNTY. requirements of this section. d) The Vendor agrees to reimbursement of any 15. Assignment travel expenses that may be associated with VENDOR may not assign this Purchase Order, this Purchase Order in accordance with nor any money due or to become due without the Florida Statute Chapter 112.061, Per Diem prior written consent of the COUNTY. Any and Travel Expenses for Public Officers, assignment made without such consent shall be employees and authorized persons. deemed void. e) In the event of any conflict between or among the terms of any Contract Documents 16. Taxes related to this Purchase Order, the terms of Goods and services procured subject to this the Contract Documents shall take Purchase Order are exempt from Florida sales precedence over the terms of the Purchase and use tax on real property, transient rental Order. To the extent any terms and /or property rented, tangible personal purchased or conditions of this Purchase Order duplicate rented, or services purchased (Florida Statutes, or overlap the Terms and Conditions of the Chapter 212), and from federal excise tax. Contract Documents, the provisions of the Terms and/or Conditions that are most 17. Annual Appropriations favorable to the County and/or provide the The COUNTY'S performance and obligation to greatest protection to the County shall pay under this Purchase Order shall be govern. contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of 15-6373—Senior Food Program Packet Page -1232- 11 1/13/2015 16.D.3. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the purchasing ordinance. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 6. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 7. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15-6373—Senior Food Program Packet Page -1233- 12 1/13/2015 16.D.3. 8. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 9. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 10. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the '' performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 11. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 12. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. 15-6373—Senior Food Program Packet Page-1234- 13 1/13/2015 16.D.3. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a)collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 13. Survivability The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6373 Senior Food Program will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15-6373—Senior Food Program Packet Page-1235- 14 1/13/2015 16.D.3. 14. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests' provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such 15-6373—Senior Food Program Packet Page-1236- 15 1/13/2015 16.D.3. •insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's I vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.00v/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, at seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 16. Background Checks If required, Vendor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 15-6373—Senior Food Program Packet Page-1237- 16 1/13/2015 16.D.3. 17. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 18. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 19. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 20. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. 15-6373—Senior Food Program Packet Page-1238- 17 1/13/2015 16.D.3. Cofer County Administrative Services Division Procurement Services Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: ITB 15-6373 ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: 15-6373—Senior Food Program Packet Page -1239- 18 1/13/2015 16.D.3. Colter County Administrative Services Division Procurement Services Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4 The payment terms have been indicated 5 All g*an)ting agency irequi enients have been met ita+c uding subia i of,;requ,rec forr is' 6. Any required drawings, grant forms, descriptive literature, etc. have been included. 7. Any delivery information required is included. 8. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been included. 9. Addendum have been signed and included, if applicable. 10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.gov. 11. Immigration Affidavit and a copy of the company's E-Verify profile page or memorandum of understanding. 12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 13. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: ITB 15-6373 Senior Food Program • Opening Date 14. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 15. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date 15-6373—Senior Food Program Packet Page-1240- 19 1/13/2015 16.D.3. C Lie-r County Administrative Services Division Procurement Services Attachment 3: Vendor Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: ITB 15-6373 Senior Food Program Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: ** * SEE FOLLOWING PAGES * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: °lo Days; Net_ Days • Bid Response is as follows: Bid Schedule provided in separate file. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen ^ (15) days after being notified of an award. 15-6373—Senior Food Program Packet Page-1241- 20 1/13/2015 16.D.3. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20_ in the County of , in the State of Firm's Complete Legal Name Firm's Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) CCR# or CAGE Code (Found at www.ccr.qov) Florida Certificate of Authority Document Number (http://www.sunbiz.orq) Federal Tax Identification Number Address City, State, Zip Telephone Number FAX Number Check one of the following: ❑ Sole Proprietorship ❑ Corp or P.A. State of Limited Partnership -- E General Partnership Signature I Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 15-6373—Senior Food Program Packet Page -1242- 21 1/13/2015 16.D.3. Corer County Administrative Services Division Procurement Services Attachment 4: Immigration Law Affidavit Certification Solicitation #and Title :ITB 15-6373 Senior Food Program This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of ,20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 15-6373—Senior Food Program Packet Page-1243- 22 1/13/2015 16.D.3. Colter county �• Administrative Services Division Procurement Services Attachment 5: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor _Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C= Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 15-6373—Senior Food Program Packet Page -1244- 23 1/13/2015 16.D.3. co ,er County Administrative Services Division Procurement Services Attachment 6: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 13-6157—Senior Food Program 24 Packet Page-1245- 1/13/2015 16.D.3. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 13-6157—Senior Food Program 25 Packet Page -1246- 1/13/2015 16.D.3. Attachment 7 — Match Form [X] Original, dated SFY:_FFY: 2015 [] Revision, dated Contract Amendment# Agency Name: Program: Community Care for the Elderly Donor Identification: Name: Street: City: State: Zip: Phone: Email Authorized Representative: Service: Total Unit Cost: Match Funds (10%): Reimbursement: Donor Certification: I hereby certify intent to donate 10% of the cost per unit of service provided for use in the specified program during the program's upcoming funding period. These-funds are not included as contribution for any other State or Federally assisted program or any Federal contract and are not borne by the Federal government directly or indirectly under any federal grant or contract. Date: Signature of Donor or Representative 13-6157—Senior Food Program Packet Page-1247- 26 1/13/2015 16.D.3. Attachment 8: Reference Questionnaire Solicitation: 15-6373 Senior Food Program Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Item Criteria Score 1 Ability to manage the project costs 2 Ability to maintain project schedule(complete timely). 3 Quality of work. 4 Problem Solving Skills demonstrated on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process(final product turnover; invoices; going Forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Ability to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 13-6157—Senior Food Program Packet Page -1248- 27 1/13/2015 16.D.3. EXHIBIT A ■ ` Scope of Work, Specifications and Response Format As requested by the Collier County Community and Human Services (CHS) Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. Brief Description of Purchase Collier County's Department of Community and Human Services is seeking a supplier to provide quality bulk food, site specific and home delivery pre-packaged meals and services for senior citizens in Collier County. The Vendor must submit a bid for both the congregate and home delivered meal service. Background The Community and Human Services for Seniors Program receives grant funding through the Older Americans Act from the Florida Department of Elder Affairs to support a nutrition program for seniors in Collier County. The Community and Health Services Department will need approximately fifty- thousand (50,000) meals for the 2015 program year (January 1, 2015- December 31, 2015). Meals will be delivered to four different site specific locations; East Naples Community Center, Golden Gate Community Center, Goodlette Arms and the Roberts Center in Immokalee. Breakfast (to be served in lmmokalee only) and lunch will be served to participants in all four of the congregate meals program. Lunch only will be served for home delivered meal participants. There are three types of meal services offered in the Program: 1. Bulk Food (site specific): where the County takes the responsibility for purchasing prepared (ready to serve) bulk food items from the vendor and then assembles and distributes to the clients. 2. Site Specific (site specific and pre-packaged): Food is pre-measured and assembled into portion size packages for distribution to the clients. This is the current practice used by the County for distribution. 3. Home Delivery (pre-packaged): Vendor is responsible for frozen portion size packages and distribution to the client homes. Currently, the County serves approximately 100 people five meals (lunch only) per week. Detailed Scope of Work Collier County's Department of Community and Human Services is seeking a supplier to provide quality bulk food and site specific and home delivery pre-packaged meals add services for senior citizens in the area. Price per meal for prepared, packaged and delivered meals are to have all costs included. No additional miscellaneous charges or reimbursable(s) including, but not limited to delivery, fuel surcharges, mileage, mark-up, overhead, etc., shall be charged to the County. 13-6157—Senior Food Program 28 Packet Page -1249- 1/13/2015 16.D.3. The successful supplier must: 1. Comply with the Dietary Guidelines for Americans, published by the Secretary of Health and Housing & Human Services and the Secretary of Agriculture and provide a minimum of 1/3 RDA, as established by the Food and Nutrition Board of the National Academy of Sciences - National Research Council. Potentially hazardous foods shall be held and transported in a method that ensures hot food temperatures are minimally 140 degrees Fahrenheit to a maximum of 160 degrees Fahrenheit and cold food temperatures are 40 - 32 degrees Fahrenheit. Frozen meals shall be frozen solid. 2. Adhere to applicable food safety and hygiene regulations outlined in Chapter 381, Florida Statutes and Chapter 64E-11, Florida Administrative Code and Exhibit 1A. 3. Comply with all requirements of The Older Americans Act which requires client choice and, to the maximum extent practicable, adjustments to meet any special dietary needs of program participants. 4. Develop menus using either the State Meal Pattern, or the Computer Assisted Nutrient Analysis methods as described in Exhibit 1A below. Deviating from the meal pattern may be required if dictated by a particular meal site's cultural or religious preferences. Menus are required timely to allow for changes to them. 5. Home Delivered Meals are pre-plated meals in three compartment sealed trays served Monday through Friday to elderly (60+) persons, who are homebound and unable to prepare a meal for themselves. Meals are delivered via vendor drivers. Food containers/trays, condiments, meal instruction lids, and paper goods are supplied by vendor. Home Delivered Meals will be provided approximately 260 days annually. 6. Congregate Meals are prepared in bulk or pre-plated and transferred to insulated transport containers provided by vendor for distribution. Milk will be provided in coolers that are either sanitized daily by vendor or in a cooler that has a non-reusable liner to prevent contamination. Congregate Meals will be provided approximately 249 days annually. The vendor will purchase all food and appropriate condiments and will prepare midday meals for delivery. The vendor will be notified at least one week in advance when meals will not be served on a particular day, unless there is an emergency or other evidently unforeseeable situation. The vendor should be willing to provide meals on holidays, under emergency conditions and/or for special events if such occasions occur during the regular meal schedule. When the nature of such meals warrants a price adjustment, the vendor will be permitted to negotiate a specific price for said meals prior to service. 7. Holidays o New Years Day o Martin Luther King Jr. Day o President's Day o Memorial Day o Independence Day o Labor Day o Veteran's Day o Thanksgiving Day 13-6157—Senior Food Program 29 Packet Page-1250- 1/13/2015 16.D.3. o Day after Thanksgiving o Christmas Eve o Christmas Day o Days designated as a holiday are determined by Collier BCC or the President of the United States. 8. Meal Related Items and Services A. Home Delivered Meals: the vendor will supply condiments and/or relishes in individual servings with each individual meal as well as paper goods, trays, lids and any other necessary items. B. Congregate Meals: Condiments needed for the meals served (i.e. salad dressing, mustard, catsup, mayonnaise, etc.) will be supplied by the vendor. Disposable items, specifically napkins, plates, straws, 4 in 1 cutlery kits, cups, placemats, sandwich bags, plastic gloves, and hair covers will be supplied by the vendor. C. Food for Home Delivered and Congregate Meals must be prepared with the least possible manual contact, with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed and sanitized to prevent cross contamination. 9. Delivery of Meals A. Home Delivered Meals: Meals will be ready for transport in individual containers which are suitable to maintain safe temperatures up to the time of delivery. For the health and safety of participants, home delivered meals must be frozen solid at time of delivery. Meals are to be delivered to homebound clients between 8:00 a.m. and 5:00 p.m. B. Congregate Meals Meals will be delivered individually to each site between 9:00 a.m. and 10:30 a.m. in bulk containers provided by vendor that are suitable to maintain safe temperatures up to the time of meal service. For the health and safety of participants, the temperatures of hot food must be, at a minimum, 140 degrees F but not higher than 160 degrees F and cold food must be between 40-32 degrees F at the time the meals are delivered. Vendor must record the time and temperatures of the hot and cold foods at the time of meal delivery for each congregate location. Department has the right to reject payment for hot meals with temperature readings below 140 degrees F and cold meals with temperature readings above 40 degrees F and will be reimbursed from vendor for the purchase replacement meals. C. Special Conditions 1. Should the vendor fail to provide meals for delivery for a period of three consecutive days, or should any person eating meals prepared under this contract become ill as a result of food poisoning attributable to the negligence of the vendor, as determined by the Department of Health or the County's Risk Department, then such action shall be justification for immediate cancellation of the agreement, among other remedies. 2. Should shortages occur, Department may replace shortages at vendor's expense. Meals, or portions of meals, that are determined to be inedible, will not be accepted. Vendor will also provide reimbursement for replacement meals. 13-6157—Senior Food Program 30 Packet Page-1251- 1/13/2015 16.D.3. 3. Department will provide food vendors with a daily meal count. One hundred percent (100%) accuracy in packing is expected of the food service contractor based on the meal count provided. If a discrepancy in the meal package is found to be the result of the food provider, then Department will be reimbursed for the purchase of additional/replacement meals. 4. The food service contractor is expected to follow approved menus with one hundred percent (100%) accuracy. Any and all changes or menu item substitutions in the approved menus must be preapproved by the dietitian representing Department. Department may at its discretion deduct the cost of the meal when any non-approved change and/or substitution is made. Food service contractor is allowed no more than two substitutions during a month. 5. The food contractor shall pack home delivered meal trays into vendor provided coolers by individual routes with the correct number of frozen meals. 6. The food contractor shall stack home delivered meal trays inside vendor provided coolers in an alternating manner to help evenly displace the weight during transport and to eliminate crushing or damage to goods. 7. The food contractor shall wrap the Department congregate dining sites bulk meal pans with either aluminum foil or plastic wrap to ensure holding temperatures and to help prevent spillage during transport. Pre-plated hot meals shall be stored for transportation in an alternating manner to help evenly displace the weight during transport and to eliminate crushing, spillage or damage to goods. 8. Vendor shall have policies and procedures and provide with bid response, regarding health and hygiene for all individuals who prepare and/or serve food that include: • Infectious illness such as diarrhea, vomiting, fever, sore throat, etc. • Open sores on hands or arms • Gloves worn over nail polish and artificial fingernails for individuals handling food • Kitchens will abide by Florida Department of Health Food Regulations 9. All foods, whether purchased by or donated to the program, must meet the following criteria: • Food shall be obtained from sources that comply with law • Meet or exceed all applicable federal, state and local laws, ordinances, and regulations • Safe and unadulterated • Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant • If served, hot dogs, luncheon meat, and soft cheeses (feta, Brie, Camembert, Blue veined, Mexican style) must meet temperature requirements • Pasteurized shell, liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, egg-fortified beverages and for recipes in which more than one egg is broken and eggs are combined The following food must not be used: • Prepackaged un-pasteurized juice (including un-pasteurized apple cider) • Raw animal foods, such as raw fish, raw-marinated fish, raw molluscan shellfish, 13-6157—Senior Food Program 31 Packet Page-1252- 1/13/2015 16.D.3. and steak tartare • Partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw shell eggs, and meringue • Raw seed sprouts (including alfalfa, clover, and radish) • Home-canned foods • Any foods prohibited under Florida's Department of Health Regulations or updated version of the food code • "Road kill" 10. Certification The vendor shall comply with all Federal, State, and local laws and regulations governing the sale, preparation, handling, storing and transporting of food and shall have in effect all necessary licenses, permits and food handlers' certificates as required by law. This includes but is not limited to health, fire and safety codes and regulations; purchasing regulations; licensure requirements; insurance and other requirements applicable for meal preparation. A. Congregate Meals The vendor shall be flexible regarding the number of meals to be provided at each site from day to day. Department will notify the vendor of the number of meals required on Friday at 9:00 a.m. for the following week; however, the number may be adjusted 24 hours before the actual serving day. B. Home Delivered Meals The vendor must be willing to be flexible, as meal counts will vary daily due to the frailty of the clientele. Department meal count changes will be made on Friday at 9:00 a.m. of the week prior to deliveries. 11. Department will fully cooperate with and, where appropriate, assist the vendor in maintaining the palatability and safety of these foods. The vendor shall indemnify Department against any loss or damage (including attorney's fees and other costs of litigation) caused by the vendor's negligence, omissions, or theft by vendor's employees. Department will promptly notify the vendor in writing of any claims against Department. However, if the vendor refuses or neglects to defend, adjust, or settle the claim, the costs of so doing, including reasonable attorney's fees, shall be charged to the vendor if negligence is found on the part of the vendor. 12. Access to Inspect Department shall have the right and authority to inspect at any reasonable time the vendor's food preparations, packaging and storage areas, and the food containers used in transporting prepared meals and other food supplies to Department sites to determine the adequacy of the vendor's sanitation and maintenance practices. Designated Department staff will conduct an annual inspection of the vendors facility using a Department Monitoring Tool with a written report of finding submitted to the vendor for review. The vendor and Department shall meet and/or talk quarterly to review contract performance. 13. Substitute Performance The County reserves the right, at their sole discretion, to reject the entire meal, or a portion/percentage of the meal (bread or bread alternate, vegetable, fruit, milk or milk alternate, meat or meat alternate, fats, oils, sweets, desserts etc.) and the Vendor must provide a substitution within one (1) hour of the rejection by the County. Should the Vendor not deliver the replacement product for the whole meal or a component of the meal within one (1) hour, the Vendor shall issue a credit for the entire meal. 13-6157—Senior Food Program 32 Packet Page-1253- 1/13/2015 16.D.3. In the event the Vendor fails to perform any required service under the contract, including food or meal preparation, packaging, delivery, nutritional value, or quality and safety of the final product, the County reserves the right to obtair substitute performance. Further, the County reserves the right to deduct the cost of such substitute per=ormance from the Vendor's payments. The Vendor may be exempt from this provision if such exemption is granted by the County's project manager, in writing, prior to any delays or as a result of an Act of Nature. Beyond the standards set forth in this scope of work previously, food quality is defined as the characteristics of food that are acceptable to consumers of this Senior Food Program, including, but not limited to appearance (size, shape, color, gloss, and consistency), texture, and flavor. 14. Meal Payment A. Department will pay the vendor for the actual number of meals received and accepted by Department during the monthly billing period. B. A monthly invoice from each vendor will reflect the following: 1. Total number of meals ordered 2. Amount charged per meal 3. Credit(s) for rejected whole meals or portion of meal which were not replaced within the one (1) hoar of rejection 4. Amount of total invoice. 5. Purchase Order number must be included on all invoices C. Original monthly invoices are to be submitted to bbcapclerk(a�collierclerk.com and the Community and Health Services Department/Grants Coordinator by the fifth day of the following month. 15. Pre-Contract Start Date Meeting A meeting shall be held with the winning bidder(s) to discuss the contract operational requirements. These will include but are not limited to: supply ordering, invoicing, meal counts, meal packing, correspondence, and cooler and supply storage. 16. Subcontracting No part of this agreement may be assigned or subcontracted by the vendor without prior written approval by Department. 17. Gratuities The vendor certifies that they have not given any gifts, gratuities, or special compensation to any Department employee prior to the award of this contract and shall further certify that no gifts, gratuities, or special compensation shall be given to any Department employee during the term of this contract. 18. Civil Rights Compliance The vendor certifies that it will conform to the applicable provisions of the Federal Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act. During the performance of this contract, the vendor agrees as follows: 1. The vendor will not discriminate against any employee or applicant for employment because 13-6157—Senior Food Program 33 Packet Page -1254- 1/13/2015 16.D.3. of race, religion, color, sex, national origin, or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. 2. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting these requirements. 4. The vendor will include the provisions of#1 above in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor. 19. Immigration Reform and Control Act of 1986: By entering into a contract, the vendor certifies that it does not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and control Act of 1986. 13-6157—Senior Food Program 34 Packet Page-1255- 1/13/2015 16.D.3. Additional Requirements 1. State Meal Pattern Method: a. Menus written using the state meal pattern will ensure that all meals (breakfast, lunch, supper, and weekend) must comply with all requirements; b. Menus shall utilize nutrient dense, enriched and/or fortified foods in planning whenever possible; c. Each meal shall contain at least one good source of Vitamin C; d. A good source of Vitamin A (preferably from fruits and/or vegetables) shall be provided. e. Meal pattern servings: MENU COMPONENT SERVINGS PER MEAL Bread or Bread Alternate 2 servings Vegetable and/or Fruit 2 servings: 1/2 cup or equivalent measure per serving Milk or Milk Alternate 1 serving: 1 cup or equivalent measure Meat or Meat Alternate 1 serving: 3 oz edible portion meat or equivalent measure Fats 1 serving: 1 tsp or equivalent measure included in food preparation Desserts 1 serving 2. Computer-assisted Nutrient Analysis a. Documentation using computer-assisted nutrient analysis shall include the following nutrients to ensure menu adequacy: • Macro-nutrients: calories, protein, carbohydrate, fat, saturated fat, fiber and sodium; and, • Micro-nutrients: vitamins A, C, E, thiamin, riboflavin, B6, folate, calcium, iron, magnesium, sodium, and zinc. b. Computer-assisted nutrient analysis is required when one or more meal(s) deviates from the meal pattern (i.e. menu does not provide all components or does not provide the required serving sizes). c. It is required that all computer-assisted nutrient analyzed menus include at least three of the required six meal components. Meal components are: bread/bread alternate, vegetable, fruit, meat/meat alternate, milk/milk alternate and dessert. d. Computer-assisted nutrient analysis menus shall ensure that the average nutrient value of meals provided in any one week provide at least the minimum 33% of the RDA/AI values as indicated in the Daily Nutrient Requirement Table. For example: • If a provider serves one meal a day to a client and that center is only open two days per week, the average is obtained by adding the nutrient information from the two meals together and dividing by two; • If a provider serves one meal per day to a client and that center serves meals five days a week, the average is obtained by adding the nutrient information from all meals together and dividing by five; • If a provider serves two meals per day to a client, five days per week, the average is obtained by adding the nutrient information from all meals together and dividing by ten and all daily menus must provide 2/3 RDA; or, • If a provider serves three meals per day, five days a week, each day's menu must provide 100% the RDA and the average of the fifteen meals must equal 33% RDA. • Vitamin and mineral supplements or dietary supplements shall not be included in menus under any circumstance or situation. 13-6157—Senior Food Program 35 Packet Page-1256- 1/13/2015 16.D.3. e. Computer-Assisted Nutrient Analysis Requirements Content 3 meals/day 2 meals/day 1 meal/day 100% RDA/AI 66% RDA/AI 33% RDA/AI Macronutrient Kilocalories) (Kcal) 2300 1534 767 Protein) (gm) 63 42 21 Carbohydrate), 2 315 210 105 (gm) (or 55% Kcal) Fat1 (gm) (or 30% 75 50 25 Kcal) Macro. Components Saturated Fat1, 2 25 16 8 (gm) (or 10% Kcal) Dietary Fiber3 (gm) 20-35 13-23 7-12 Vitamins Vitamin A (ug) 900 600 300 Vitamin C (mg) 90 60 30 Vitamin E (mg) 15 10 5 Thiamin (mg) 1.2 .8 .4 Riboflavin (mg) 1.3 0.86 0.43 Vitamin B6 (mg) 1.7 1.2 .6 Folate (mg) 400 267 133 Minerals Sodium) (mg) 2400 1600 1000 Calcium (mg) 1200* 800* 400* Iron (mg) 8 5.3 2.7 Magnesium (mg) 420 280 140 Zinc (mg) 11 7.3 3.7 * The most current Recommended Dietary Allowances (RDAs) are used where available followed by the Adequate Intakes (Als). 1 The 1989 RDAs are used when no new Dietary Reference Intakes have been established, i.e., for energy, protein, and other macronutrients. 3. Ensure that either meal plan components shall: a. Meet or exceed the guidelines listed in this section, and b. A food item that is included in more than one food group can only be counted for one food group in a meal. For example, dried beans would not count as the meat alternate and vegetable in the same meal, cottage cheese would not count for both meat and milk alternate in the same meal. One serving of fruit cannot count as a dessert and a fruit serving in the same meal. 13-6157—Senior Food Program 36 Packet Page -1257- 1/13/2015 16.D.3. 4. Provide for: a. Bread or Bread Alternate: A serving of bread is generally one slice (1 ounce) or 1/2 cup pasta or grain product. i. A variety of enriched and/or whole-grain bread products, particularly those high in fiber, are recommended. ii. Bread alternates do not include starchy vegetables such as potatoes, sweet potatoes, yams or plantains. These are part of the vegetable food group. iii. Bread and bread alternates include but are not limited to: • 1 small muffin, 2 ounces 1 small sandwich bun • 2" cube cornbread '/ cup cooked cereal • 1 biscuit, 2.5" diameter 4 crackers • 1 waffle, 7" diameter % large sandwich bun • 1 slice French toast 3/4 cup ready to eat cereal • '/2 English muffin 2 graham cracker squares • 1 tortilla, 6" diameter '/ cup bread dressing/stuffing • 2 pancakes, 4" diameter '/2 cup pasta, noodles, rice • 'A bagel b. Vegetables: i. A serving of vegetable (including dried beans, peas and lentils) is generally 1 cup raw leafy vegetable; '/2 cup other cooked or raw; or 3/4 cup 100% vegetable juice (a '/2 cup 100% vegetable juice may be served if 3/4 cup pre-packed servings are not available). ii. Fresh or cooked frozen vegetables are preferred. iii. Vegetables as a primary ingredient in soups, stews, casseroles or other combination dishes should total '/ cup. c. Fruits: i. A serving of fruit is generally a medium apple, banana, orange, or pear; 1/2 cup chopped, cooked, or canned fruit; or 3/4 cup 100% fruit juice (a '/ cup serving of 100% fruit juice may be served if 3/ cup pre- packed servings are not available). ii. Fresh, frozen, or canned fruit are preferably packed in juice, light syrup or without sugar. d. Milk or Milk Alternate: i. One cup whole, low fat, reduced fat, skim, or lactose-free milk fortified with Vitamins A and D should be used. ii. Low-fat or skim milk is recommended for the general population. iii. Powdered dry milk or evaporated milk may be served at congregate meal sites but not for the main meal except for cultural or religious reasons. Each powdered milk or evaporated milk serving size must be equivalent to one cup of milk. iv. Milk alternates may be provided in place of milk and include (for the equivalent of one cup of milk): v. • 1 cup yogurt • 11/2 cups cottage cheese • 1'/2 ounces natural or 2 ounces processed • 1 '/ cups ice milk/ice cream cheese • 8 ounces tofu (processed with calcium salt) e. Meat or Meat Alternate: i. Three ounce of meat, poultry, fish, or the equivalent of other high protein foods (as noted below) in combination may be used. Meat serving weight is the edible portion, not including skin, bone, or coating. 13-6157—Senior Food Program 37 Packet Page -1258- 1/13/201516.D.3. ii. Three ounce equivalents of other high protein foods include: 3 eggs 1 ' cups tofu 3/4 cup cooked dried beans, peas or lentils 3 ounces cheese (nutritionally equivalent measure of pasteurized process cheese food, spread, or product or alternate or substitute cheeses) 6 tablespoons peanut butter or 1 cup nuts 3/4 cup tuna fish 3/4 cup cottage cheese iii. Except to meet cultural and religious preferences and for emergency meals, avoid serving dried beans, peas or lentils, peanut butter or peanuts, and tofu for consecutive meals or on consecutive days. iv. Imitation cheese (which the FDA defines as one not meeting nutritional equivalency requirements for the natural, non-imitation product) cannot be served as meat alternates. v. To limit the sodium content of the meal, serve no more than once a week cured and processed meats (ham, smoked or Polish sausage, corned beef, wieners, luncheon meats, or dried beef). f. Fats, oils and sweets: i. Include traditional meal accompaniments as appropriate, e.g., condiments, spreads, garnishes. Examples include: mustard and/or mayonnaise with a meat sandwich, tartar sauce with fish, and salad dressing with tossed salad. ii. Fats used in food preparation and which are served should be limited. Fats should be from primarily vegetable sources and in a liquid or soft (spreadable) form that are lower in hydrogenated fat, saturated fat, and cholesterol. The use of butter or fortified margarine, either in the cooking of the vegetables or as a spread for the bread is optional because of the emphasis on reducing fat content of the meals. g. Desserts: ,.-.i. Preferred desserts include fruit and low fat products made with whole grains and/or low fat milk; i. Pudding made with milk and/or ice cream or ice milk or frozen yogurt should be served at least once a week; iii. Baked goods such as those listed below should be limited to twice per week; and Cake Fruit cobbler or crisp Cookie Pastry/sweet bread (danish or donut) Brownie Pie iv. Serving size shall conform to either a % cup or manufacturer's serving size or the standardized recipes serving size. 10. The successful vendor must design and provide menus as described below to the County: a. Finalized menus must be provided to the County project manager at least eight (8) weeks in advance of the food service. b. The project manager shall forward an approved menu to the vendor within five business days of receipt. The County reserves the right to review and approve all menus. c. The successful vendor must publish the approved menu and provide an approved copy to the County's project manager for posting at least four(4) weeks in advance. d. The menu shall minimize substitutions; all substitutions must be approved in advance by the County's project manager or designee 11. Food shall be prepared in such a manner as to limit the amount of time that meals must spend in transit before they are consumed. �`2. The time between the completion of food preparation and the delivery to the homebound client, to the extent possible, should not exceed four (4) hours. 13-6157—Senior Food Program 38 Packet Page -1259- 1/13/2015 16.D.3. 13. All food shall be individually packaged. 14. Cold and hot food shall be packaged and packed separately. 15. Provide napkins, straws, plastic ware and cups for all site specific and home delivery pre- packaged meals. Food utensils shall be completely wrapped or packaged to protect them from contamination. 16. Food containers should be sectioned so that food doesn't mix, leak, or spill. 17. All food shall be packed in secondary insulated food carriers that are capable of maintaining food temperatures at 140° F. to 160 degrees (for hot meals) or at 40 degrees F or lower(for cold meals). Containers for frozen meals shall be capable of maintaining meals in a frozen state 18. Food carriers must be constructed as to prevent food contamination by dust, insects, animals, vermin or infection. 19. Food carriers should be enclosed to protect food from contamination, crushing or spillage and be equipped with insulation and/or supplemental sources of heat and/or cooling as necessary to maintain safe temperatures. 20. Food carriers must be clean and sanitized, or use containers with inner liners that can be sanitized. 21. When frozen meals are delivered to clients, the temperature shall be a maximum of 20° F or the food shall be frozen solid. 22. Provide the opportunity for the County to monitor the vendor's food preparation and packaging sites at any time. 23. For Home Delivered prepackaged meals, the successful vendor shall: a. Obtain a written delivery statement from client or client designated representative, b. May not leave meals on door step; if no one is home the vendor must take it back, and c. The vendor must attempt to make at least two deliveries to the clients' home for Home Delivered pre-packaged meals. 24. Provide a single point of contact for all services during the duration of the contract 25. Additional Items/Services: The County's project manager and vendor may add additional related items and/or services to this contract upon satisfactory negotiation of price. 26. No minimum or maximum: The services required by this contract shall include but not be limited to the items/services described in the Specifications. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 27. Invoices: Invoices shall contain details of services provided. A valid Collier County purchase order number must appear on each invoice. Invoices shall be submitted to the ordering department at the conclusion of each transaction. 13-6157—Senior Food Program 39 Packet Page-1260- 1/13/2015 16.D.3. Exhibit B: Granting Agency Requirements Provided in Separate File 13-6157—Senior Food Program 40 Packet Page -1261- 1/13/2015 16.D.3. Attachment B Agreement# 15-6373 Older American's Act(OAA) Title IIIE Facility Respite Care and Adult Day Care Core Standards for OAA IIIE 1. Compliance with Federal Law 1.1 If this contract contains federal funds this section shall apply. 1.1.1 The Vendor shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. 1.1.2 If this contract contains federal funds and is over $100,000.00, the Vendor shall comply with all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The Vendor shall report any violations of the above to the Department and/or County. 1.1.3 The Vendor, or agent acting for the Vendor, 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. If this contract contains federal funding in excess of $100,000.00, the Vendor must, prior to contract execution, complete the Certification Regarding Lobbying form, EXHIBIT I. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager prior to payment under this contract. 1.1.4 In accordance with Appendix A to 2 CFR 215, the Vendor 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. 1.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards will 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 vendor shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The Vendor shall complete and sign EXHIBIT II prior to the execution of this contract. 1.2 The Vendor shall not employ an unauthorized alien. The County will consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation will be cause for unilateral cancellation of this contract by the County. 1.3 If the Vendor 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 Pension Protection Act of 2006 or for any other reason, the Vendor must notify the County in writing within thirty (30) days of receiving the IRS notice of revocation. .-. 1.4 The Vendor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. Packet Page-1262- 1/13/2015 16.D.3. 1.5 Unless exempt under 2 CFR Part 170.110(b), the Vendor shall comply with the reporting requirements of The Transparency Act as expressed in 2 CFR 170. 1.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number 11-116, Vendor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify the employment of all new employees hired by Vendor during the contract term. Vendor shall include in related subcontracts a requirement that subcontractors 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 during the contract term. Vendor meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 2. Compliance with State Law: 2.1 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 the Florida law, including Florida provisions for conflict of laws. 2.2 The Vendor shall comply with requirements of s. 287.058, F.S. as amended. 2.2.1 The Vendor shall provide units of deliverables, including various client services, and in some instances may include reports, findings, and drafts, as specified in this contract, which the Contract Manager must receive and accept in writing prior to payment in accordance with s. 215.971, F.S. (1) and (2). 2.2.2 The Vendor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 2.2.3 The Vendor 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 Vendor in conjunction with this contract except for those records which are made confidential or exempt by law. The Vendor's refusal to comply with this provision will constitute an immediate breach of contract for which the County may unilaterally terminate the contract. 2.3 If clients are to be transported under this contract, the Vendor shall comply with the provisions of Chapter 427, F.S., and Rule 41-2, F. A. C. 2.4 Subcontractors 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. 2.5 The Vendor shall 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 County. 2.6 In accordance with s. 287.135 F.S., any Vendor on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists), created pursuant to s. 215.473 F.S., is ineligible to enter into or renew a contract with the County for goods or services of $750,000.00 or more. Pursuant to s. 287.135 F.S., the County may terminate this contract if the Vendor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists. Further, the Vendor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. If this contract contains $750,000.00 or more, the Vendor shall complete and sign EXHIBIT III, Certification Regarding Scrutinized Companies Lists, prior to the execution of this contract. �-. 3. Background Screenina: The Vendor shall ensure that the requirements of s. 430.0402 and ch. 435, F.S., as amended, are met regarding background screening for all persons who meet the definition of a direct Packet Page -1263- 1/13/2015 16.D.3. service provider and who are not excepted from the Department's level 2 background screening pursuant to s. 430.0402(2)-(3), F.S. The Vendor must also comply with any applicable rules promulgated by the Department and the Agency for Health Care Administration regarding implementation of s. 430.0402 and ch. 435, F.S. (EXHIBIT VII) 3.1 Further information concerning the procedures for background screening is found at http://elderaffairs.state.fl.us/doea/backoroundscreeninp.php. 4. Grievance Procedures; The Vendor shall develop, implement, and ensure that its subcontractors have established grievance procedures to process and resolve client dissatisfaction with or denial of service(s), and address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, will provide for notice of the grievance procedure and an opportunity for review of the subcontractor's determination(s). 5. Nondiscrimination-Civil Riahts Corn oliance: 5.1 The Vendor shall execute assurances in EXHIBIT IV 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 Vendor further assures that all Vendors, subcontractors, subgrantees, 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. 5.2 During the term of this contract, the Vendor shall complete and retain on file a timely, complete and accurate Civil Rights Compliance Checklist(EXHIBIT V). 5.3 The Vendor 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. 5.4 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 Vendor, its successors, transferees, and assignees for the period during which such assistance is provided. The Vendor 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 Vendor understands that the County 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. 6. Monitoring by the County: The Vendor shall permit persons duly authorized by the County to inspect and copy any records, papers, documents, facilities, goods and services of the Vendor which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the Vendor to assure the County of the satisfactory performance of the terms and conditions of this contract. Following such review, the County will provide a written report of its findings to the Vendor, and where appropriate, the Vendor shall develop a corrective action plan. The Vendor hereby agrees to correct all deficiencies identified in the corrective action plan in a timely manner as determined by the Contract Manager. 7. Provision of Services: The Vendor shall provide services in the manner described herein. Packet Page -1264- 1/13/2015 16.D.3. 8. Coordinated Monitoring with Other Agencies: If the County receives funding from one or more of the State of Florida other human service agencies, in addition to the Department of Elder Affairs and/or the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida, then a joint monitoring visit including such other agencies may be scheduled. For the purposes of this contract, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall include the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequent scheduling of such a visit by the designated County's lead administrative coordinator, the Vendor shall comply and cooperate with all monitors, inspectors, and/or investigators. 9. Confidentiality of Information: The Vendor 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. 10. Health Insurance Portability and Accountability Act: Where applicable, the Vendor 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). 11. Incident Reporting: 11.1 The Vendor shall notify the Agency immediately but no later than forty-eight (48) hours from the Vendor's awareness or discovery of conditions that may materially affect the Vendor or subcontractor's ability to perform the services required to be performed under this contract. Such notice shall be made orally to the Contract Manager (by telephone)with an email to immediately follow. 11.2 The Vendor 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 both the Vendor and its employees. 12. Bankruptcy Notification: • During the term of this contract, the Vendor shall immediately notify the County if the Vendor, its assignees, subcontractors or affiliates file a claim for bankruptcy. Within ten (10) days after notification, the Vendor must also provide the following information to the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida: (1) the date of filing of the bankruptcy petition; (2) the case number; (3) the court name and the division in which the petition was filed (e.g., Middle District of Florida, Fort Myers, FL); and (4) the name, address, and telephone number of the bankruptcy attorney. 13. Sponsorship and Publicity:. 13.1 As required by s. 286.25, F.S., if the Vendor 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 (Vendor's name) and the Area Agency on Aging for Southwest Florida, Inc., dba Senior Choices of Southwest Florida and State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "Senior Choices of Southwest Florida and The State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 13.2 The Vendor shall not use the words "Senior Choices of Southwest Florida and The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise .—, financed, unless specific authorization has been obtained by the County prior to use. Packet Page-1265- 1/13/2015 16.D.3. 14. Independent Capacity of Vendor: It is the intent and understanding of the Parties that the Vendor, or any of its subcontractors, are independent vendors and are not employees of the Agency and shall not hold themselves out as employees or agents of the Agency without specific authorization from the Agency. It is the further intent and understanding of the Parties that the Agency does not control the employment practices of the Vendor and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Vendor or its subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Vendor are the sole responsibility of the Vendor. 15. Payment: Payments shall be made to the Vendor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the Vendor. The Contract Manager will have final approval of the invoice for payment, and will approve the invoice for payment only if the Vendor 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 Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at (850)413-5665. 16. Return of Funds: The Vendor shall return to the Agency 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 Vendor by the Agency. In the event that the Vendor or its independent auditor discovers that an overpayment has been made, the Vendor shall repay said overpayment immediately without prior notification from the Agency. In the event that the Agency first discovers an overpayment has been made, the Contract Manager will notify the Vendor in writing of such findings. Should repayment not be made forthwith, the Vendor shall be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after Agency notification or Vendor discovery. 17. Data Intearity and Safeauardina Information: The Vendor shall ensure an appropriate level of data security for the information the Vendor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Vendor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The Vendor, 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 Vendor shall ensure all subcontractors maintain written procedures for computer system backup and recovery. The Vendor shall complete and sign EXHIBIT VI prior to the execution of this contract. 18. Computer Use and Social Media Policy: The Department of Elder Affairs has implemented a new Social Media Policy, in addition to its Computer Use Policy, which applies to all employees, contracted employees, vendors, OPS and volunteers, including all personnel affiliated with third parties, such as, but not limited to, Area Agencies on Aging and vendors. Any entity that uses the Department's and/or Agency's computer resource systems must comply with the Department's policy regarding social media. Social Media includes, but is not limited to blogs, podcasts, discussion forums, Wikis, RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing networks such as flickr and YouTube. This policy is available on the Department's website. 19. 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 Packet Page-1266- 1/13/2015 16.D.3. 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 Vendor, 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 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. 20. Patents. Copvriahts. Royalties: 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 under this contract, the Vendor shall refer the discovery, invention or material to the County to be referred to the Department of State. 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) 1 and 2 as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in the contract. 20.1 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 33. 20.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR 215.36 21. Emeraencv Preparedness and Continuity of Operations; 21.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare, the Vendor shall, within thirty (30) calendar days of the execution of this contract, submit to. the Contract Manager verification of an emergency preparedness plan. In the event of an emergency, the Vendor shall notify the Agency of emergency provisions. 21.2 In the event a situation results in a cessation of services by a subcontractor, the Vendor shall retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 22. Financial Consequences of Non-Performance: If the Vendor fails to meet the minimum level of service or performance identified in this agreement, or that is customary for the industry, then the Agency must apply financial consequences commensurate with the deficiency. Financial consequences may include, but are not limited to, contract suspension, refusing payment, withholding payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract and reacquiring services from an alternate source. 22.1 The Vendor will not be charged with financial consequences, when a failure to perform arises out of cause that were the responsibility of the Agency. 23. No Waiver of Sovereian Immunity: Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 24. Venue: If any dispute arises out of this contract, the venue of such legal recourse will be Collier County Florida. ^ 25. 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 Agency or the Vendor unless expressly contained Packet Page -1267- 1/13/2015 16.D.3. herein or by a written amendment to this contract signed by both Parties. 26. Force Maieure: 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. 27. Severability Cruse: 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. 28. Condition Precedent to Contract: Appropriations: The Parties agree that the Agency's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 29. Addition/Deletion:. The Parties agree that the Agency reserves the right to add or to delete any of the services required under this contract when deemed to be in the State of Florida's best interest and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 30. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this contract will not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 31. Compliance: The Vendor shall abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current state statutes, laws, rules and regulations. The Parties agree that failure of the Vendor to abide by these laws shall be deemed an event of default of the Vendor, and subject the contract to immediate, unilateral cancellation of the contract at the discretion of the Agency. 32. Final Invoice: The Vendor shall submit the final OAA IIIE invoice for payment to the County on February 1, 2015. If the Vendor fails to submit final request for payment by the deadline, then all rights to payment may be forfeited and the Agency 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 Vendor and necessary adjustments thereto have been approved by the Agency. 33. Reneaotiations of Modifications: Modifications of the provisions of this agreement shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and contract requirements and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment or language. 34. All Terms and Conditions Included This contract and its Exhibits, I — X 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. Packet Page-1268- 1/13/2015 16.D.3. Attachment B1 Agreement# 15-6373 Older American's Act (OAA) Title WE Facility Respite Care and Adult Day Care Statement of Work 1.1 DEFINITIONS OF TERMS AND ACRONYMS 1.1.1 CONTRACT ACRONYMS Area Agency on Aging (AAA)Activities of Daily Living (ADL) Alliance of Information & Referral Systems (AIRS)Assessed Priority Consumer List(APCL) Adult Protective Services (APS) Client Information and Registration Tracking System (CIRTS) Information and Referral (I & R) Instrumental Activities of Daily Living (IADL) Older Americans Act (OAA) Planning and Service Area (PSA 1.1.2 PROGRAM SPECIFIC TERMS Area Plan: A plan developed by the AAA outlining a comprehensive and coordinated service delivery system in its PSA in accordance with the Section 306 (42 U.S.C. 3026) of the OAA and Department instructions. Area Plan Update: A revision to the area plan wherein the AAA enters OAA specific data in CIRTS. An update may also include other revisions to the area plan as instructed by the Department or Agency. Child: An individual who is not more than 18 years of age or an individual with disability. 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 ADLs 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. 1.2 GENERAL DESCRIPTION 1.2.1 General Statement The OAA Program is a federal program initiative that provides assistance to older persons and caregivers and is the only federal supportive services program directed solely toward improving the lives of older people. The program provides a framework for a partnership among the different levels of government and the public and private sectors with a common objective, improving the quality of life for all older individuals by helping them to remain independent and productive. The primary purpose of the OAA program is to foster the development and implementation of comprehensive and coordinated systems to serve older individuals. The OAA program uses these systems to assist older individuals to attain and maintain maximum independence and dignity in a home environment and allows for the capability of self-care with appropriate supportive services. -. 1.2.2 Authority The relevant authority references governing the OAA program are: (1) Older Americans Act of 2006, as amended; Packet Page -1269- 1/13/2015 16.D.3. (2) Rule 58A-1, Florida Administrative Code; and (3) Section 430.101, Florida Statutes. (4) EXHIBIT IX 1.2.2.1 Incorporation of Reference Memoranda In accordance with Ch. 287 F.S., as amended, and Department of Financial Services' Chief Financial Officer Memoranda, the following memoranda are provided for informational purposes and incorporated by reference: (1) CFO Memo No. 02: Release date, October 3, 2012; (2) CFO Memo No. 06: Release date, July 27, 2012; (3) CFO Memo No. 01: Release date, July 26, 2012; and (4) CFO Memo No. 04: Release date, June 30, 2006 1.2.3 Scope of Service The vendor shall provided services in a manner consistent with and described in the current area plan and Department of Elder Affairs Programs and Services Handbook. 1.2.4 Major Program Goals The major goals of the OAA program are to improve the quality of life for older individuals, preserve their independence and prevent or delay more costly institutional care. These goals are achieved through the implementation of a comprehensive and coordinated service system that provides a continuum of service alternatives that meet the diverse needs of elders and their caregivers. 1.3 INDIVIDUALS TO BE SERVED 1.3.1 OAA Title III, General Consumers shall not be dually enrolled in an OAA program and a Medicaid capitated long-term care program. 1.3.2 OAA Title 111E, Caregiver Support Services Eligibility for OAA Title IIIE, Caregiver Support Services, is as follows: (1) Family caregivers of individuals age 60 or older; (2) Grandparents (age 55 or older) or older individuals (age 55 or older) who are relative caregivers; (3) 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 (4) 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, Section 102 Paragraph 22. 1.3.3 Targeted Groups Preference shall be given to those with the greatest economic and social need, 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. SECTION II —MANNER OF SERVICE PROVISION 2. Delivery of Services to Eligible Clients The Vendor shall ensure the provision of a continuum of services that meets the diverse needs of elders and their caregivers. The Vendor shall ensure the performance and report performance of the following services in accordance with the current Department of Elder Affairs Programs and Services Handbook. The services funded pursuant to this contract are in accordance with the OAA, Title III, sections 321, 331, 336, and 373 as follows: (1) Section 373, Title IIIE Caregiver Support Services; and (2) Sections 321 and 373— Information and ReferraUAssistance Access Services (Elder Helplines) Packet Page -1270- 1/13/2015 16.D.3. 2.1.1 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/Adult Day Health Care, and (2) Respite Services 2.1.2 Use of Volunteers to Expand the Provision of Available Services 2.1.3 The Vendor 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 Vendor 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. 2.1.4 Use of Subcontractors If this contract involves the use of a subcontractor or third party, then the Vendor shall not delay the implementation of its agreement with the subcontractor. If any circumstances occur that may result in a delay for a period of 60 days or more of the initiation of the subcontract or in the performance of the subcontractor, the Vendor shall notify the Contract Manager and the Agency's Chief Financial Officer in writing of such delay. The Vendor shall not permit a subcontractor to perform services related to this agreement without having a binding subcontractor agreement executed. In accordance with section 24.1 of the Standard Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. 2.1.5 Subcontractor Outreach Reporting Requirements The Vendor shall document its oversight of subcontractor performance of outreach activities, by establishing a uniform reporting format that includes the following: 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. The Vendor shall require subcontractors to use this format for reporting on outreach activities at least semi-annually. 2.2 SERVICE TIMES The Vendor shall ensure the provision of the services listed in the contract during normal business hours unless other times are more appropriate to meet the performance requirements of the contract, and it shall monitor its subcontractors 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. 2.3 DELIVERABLES 2.3.1 Service Unit The Vendor shall ensure the provision of the UNITS OF SERVICE services described in the contract in accordance with the current Department of Elder Affairs Programs and Services Handbook and the services tasks described in Section 2.1. The chart below lists the services allowed and the units of measurement. Units of service will be paid pursuant to the rate established in this Packet Page -1271- 1/13/2015 16.D.3. agreement as updated, and approved by the County's reporting requirements. SERVICES Adult Day Care/Adult Day Health Care Hour Respite Services Daily 2.4 REPORTS The Vendor shall respond to additional routine and/or special requests for information and reports required by the Agency in a timely manner as determined by the Contract Manager. The Vendor shall establish due dates for any subcontractors that permit the Vendor to meet the Agency's reporting requirements. 2.4.1 Service Costs Reports The Vendor shall require subcontractors to submit to the Vendor semi-annual service cost reports (August 1, 2014 and February 1, 2015), which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 2.4.2 Background Screening Affidavit of Compliance To demonstrate compliance with section 8 of the Standard Contract, the Vendor shall submit EXHIBIT VII, Background Screening Affidavit of Compliance annually, by January 15th. 2.5 RECORDS AND DOCUMENTATION The Vendor will ensure the collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the Agency. Maintenance includes valid exports and backups of all data and systems according to Agency standards. 2.5.1 Each Vendor and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of vendor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The Vendor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the Agency upon request. 2.6 PERFORMANCE SPECIFICATIONS 2.6.1 Outcomes (1) The Vendor shall ensure services provided under this contract are in accordance with the current DOEA Programs and Services Handbook. (2) The Vendor shall timely submit to the Agency all reports described in ATTACHMENT B1, Paragraph 2.4 REPORTS. (3) The Vendor shall timely submit to the Agency all information described in ATTACHMENT B1 , Paragraph 2.5 RECORDS AND DOCUMENTATION. 2.7 VENDOR'S FINANCIAL OBLIGATIONS 2.7.1 Matching, Level of Effort, and Earmarking Requirements The Vendor shall provide match of at least 1 0 percent of the federal funds received. The Vendor's match will be made in the form of cash, general revenue administrative funds and/or in-kind resources. The Vendor will assure, through a provision in subcontracts, a match requirement of at least 10 percent of the cost for all services funded through this contract. The subcontractor's match will be made in the form of cash and/or in-kind resources. The Vendor shall Packet Page -1272- 1/13/2015 16.D.3. report match by title each month. At the end of the contract period, the Vendor must properly match all OAA funds. 2.8 AGENCY RESPONSIBILITIES 2.8.1 Program Guidance and Technical Assistance The Agency will provide to the Vendor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the Vendor. 2.8.2 Contract Monitoring The Agency will review and evaluate the performance of the Vendor under the terms of this contract. Monitoring shall be conducted through direct contact with the Vendor through telephone, in writing, or an on-site visit. The Agency's determination of acceptable performance shall be conclusive. The Vendor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: (1) Desk reviews and analytical reviews; (2) Scheduled, unscheduled and follow-up on-site visits; (3) Client visits; (4) Review of independent auditor's reports; (5) Review of third-party documents and/or evaluation; (6) Review of progress reports, (7) Review of customer satisfaction surveys; (8) Agreed-upon procedures review by an external auditor or consultant; (9) Limited-scope reviews; and (10) Other procedures as deemed necessary. SECTION III: METHOD OF PAYMENT 3.1 General Statement of Method of Payment The method of payment for this agreement includes a fixed rate for services 3.2 Remedies for Nonconforming Services The Vendor 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. If the Vendor 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 Vendor's signature on the request for payment form certifies maintenance of supporting documentation and acknowledgement that the Vendor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services. The agency requires immediate notice of any significant and/or systemic infractions that compromise the quality, security or continuity of services to clients. 3.2 All payment requests shall be based on the submission of actual monthly services beginning with the contract date the agreement. The contracted rate for services is ATTACHMENT A to this agreement. 3.3 Payment may be authorized only for allowable services, which are in accordance with the limits specified in ATTACHMENT A. 3.4 Any payment due by the County under the terms of this agreement may be withheld pending the receipt and approval by the County of all financial and programmatic reports due from the vendor and any adjustments thereto, including any disallowance not resolved. Packet Page-1273- 1/13/2015 16.D.3. 3.5 Date for Final Request for Payment The final request for payment for agreement year one expenditures will be due to the County no later than February 1, 2015. The final request for payment for agreement year two expenditures will be no later than February 1, 2016. 3.6 Documentation for Payment The vendor shall maintain documentation to support payment requests that shall be available to the County or authorized individuals, such as the Department of Financial Services, upon request. Packet Page -1274- 1/13/2015 16.D.3. Exhibit C: Granting Agency Forms Forms Provided in Separate File EXHIBIT I Lobbying EXHIBIT II Debarment & Suspension EXHIBIT III Scrutinized Companies List EXHIBIT IV Assurances — Non-Construction Programs EXHIBIT V Civil Rights Compliance Checklist EXHIBIT VI Data Integrity and Safeguarding Information EXHIBIT VII Background Screening EXHIBIT VIII Subrecipient Invoice Submission EXHIBIT IX Dept of Elder Affairs Programs & Services Handbook EXHIBIT X Emergency Preparedness 13-6157—Senior Food Program Packet Page -1275- 41