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Agenda 12/08/2015 Item #16D2612/8/2015 16.D.26. EXECUTIVE SUMMARY Recommendation to approve award of Request for Proposal 12 -5856S Services for Seniors, Supplemental, to add ADT LLC and Almost Family PC of SW Florida, LLC to the approved roster of service providers to homebound seniors and authorize the Chairman to execute associated agreements (no additional fiscal impact). OBJECTIVE: To provide uninterrupted support services to Collier County Services for Seniors' elderly clients. CONSIDERATIONS: The Community and Human Services Division's Services for Seniors program has been providing support to Collier County's frail and elderly citizens for over thirty -four years through the Community Care for the Elderly, Alzheimer's Disease Initiative, Home Care for the Elderly and Older Americans Act Title I1I13 grant programs. The Collier County Services for Seniors (CCSS) program is a comprehensive program offered to qualified seniors age sixty years and older or persons eighteen years of age or older and have a diagnosis of Alzheimer's Disease or related disorder. The goal of the program is to assist qualified persons in living as independently as possible in their own homes or in the homes of relatives or caregivers. These grants are funded by the Florida Department of Elder Affairs through the Area Agency on Aging of Southwest Florida, Inc. ( "Agency "). CCSS is the Lead Agency and is required to enter into its own contractual agreement with area service providers to administer support services such as: Homemaking, Personal Care, Respite, Chore, Adult Day Care, Nursing, Escort, Companion, Shopping Assistance, Medical Supplies and Emergency Alert Response Services. Historically, services provided to program participants has cost approximately $930,200 annually. The cost of services is reimbursed through agreements between Collier County and the Agency. The CCSS program currently contracts with ten vendors. The supplemental solicitation will add two more vendors to support the programs. A requirement of the agreements with the Agency is that services must be contracted and procured competitively by the Lead Agency. Request for Proposals 12 -5856S Services for Seniors Supplemental was posted on October 23, 2015. The County sent emails to 333 vendors, 25 solicitations were downloaded and 3 were received by the due date of November 5, 2015. A Selection Committee convened on November 12, 2015 and all proposers were scored and ranked. The two proposers below were selected. The third proposer did not agree to provide Homemaking services which is provided to 85% of our in -home clients and their proposal was not submitted in the required format. Historically, the proposer did not perform in a timely manner. A copy of the final ranking sheet is attached. By consensus, the selection committee chose the two vendors below. The selection of two additional vendors allows those served to have a choice in selecting a service provider and still retain a common rate schedule for all providers. 1. ADT LLC 2. Almost Family PC of SW Florida, LLC The vendors will be offered a two -year contract, which is concurrent with the term of the grant period. The attached sample standard County Attorney approved contract will be used for all vendors. Packet Page -1590- 12/8/2015 16.D.26. FISCAL IMPACT: The historical annual cost of the services under the grant award is $930,200. The addition of entering into contracts with two more vendors merely expands the number of vendors providing services and does not affect the amount spent under the grant. Funding will be provided by Federal Department of Elder Affairs grants through the Area Agency on Aging of Southwest Florida through the anticipated annual CCE, HCE, ADI, and OAA contracts. Funds for these services are currently budgeted in Human Services Grant Fund 707 Project 33418 (CCE), 33419 (HCE), 33420 (ADI), and 33401 (OAA 3B). The associated action has no fiscal impact on general fund dollars. LEGAL CONSIDERATIONS: This item is approved for form legality and requires a majority vote for Board action- JAB GROWTH MANAGEMENT: There is no growth management impact associated with this action. RECOMMENDATIONS: That the Board of County Commissioners awards Request for Proposal 12- 5856S Services for Seniors, Supplemental, and authorizes the Chairman to execute standard County Attorney approve agreements with the vendors named above. Prepared by: Lisa N. Carr, Grants Coordinator, Community and Human Services Division Attachments: 1) 12 -5856S Final Ranking Sheet 2) ADT Contract 3) Almost Family Contract Packet Page -1591- 12/8/2015 16.D.26. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.26. Item Summary: Recommendation to approve award of Request for Proposal 12 -5856S Services for Seniors, Supplemental, to add ADT LLC and Almost Family PC of SW Florida, LLC to the approved roster of service providers to homebound seniors and authorize the Chairman to execute associated agreements (no additional fiscal impact) Meeting Date: 12/8/2015 Prepared By Name: CarrLisa Title: Grants Coordinator, Community & Human Services 11/17/2015 2:22:44 PM Submitted by Title: Grants Coordinator, Community & Human Services Name: CarrLisa 11/17/2015 2:22:45 PM Approved By Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/17/2015 4:36:43 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services Date: 11/17/2015 4:51:58 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/18/2015 2:14:57 PM Name: Bendisa Marku Title: Supervisor - Accounting, Community & Human Services Date: 11/19/2015 7:12:55 AM Packet Page -1592- Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/19/2015 1:26:22 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Community & Human Services Date: 11/19/2015 1:50:03 PM Name: BrilhartBrenda Title: Procurement Specialist, Procurement Services Date: 11/19/2015 2:25:16 PM Name: MarkiewiczJoanne Title: Division Director - Procurement Services, Procurement Services Date: 11/19/2015 2:28:27 PM Name: JohnsonScott Title: Manager - Procurement, Procurement Services Date: 11/19/2015 9:29:00 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 11/23/2015 7:33:51 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/23/2015 10:08:58 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/23/2015 2:56:30 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/23/2015 3:50:59 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 11/23/2015 4:35:29 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/24/2015 8:54:26 AM Packet Page -1593- 12/8/2015 16.D.26. 12/8/2015 16.D.26. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/24/2015 12:59:51 PM Packet Page -1594- r cp C Na`a Ul$ its C d E d Q Q 7 N L ._ W Co L- 0 LL (n N tC d to v Co N r N IL d U. L � O Cu - L O O Y Cu Q C L 7 O Co w L :3 Q N_ a N E G N Cu N ,C � C E t4 O C C 'O O O U N N :3 N O U C N >, .a > O .V O Cu Cu O ems- N �p C E C O E (D O C > Q m N N ) Cu - C U 0 O 0) to Ll -O 4- C � O � N + o Q L N N O N O to = O L Q 7 (D O U N Q O C 0-0 O D w O ~ C r 0) N CL Q N 0 as Co U) _0 Packet Page -1595- LO r- O N N r- r- O C O •fN N O C N N U 0 12/8/2015 16.D.26. ri O r-I N to fC d 12/8/2015 16.D.26. AGREEMENT12 -58565 for Services For Seniors THIS AGREEMENT, made and entered into on this day of 2015, by and between ADT LLC, authorized to do business in the State of Florida, whose business address is 32100 US Highway 19 North, Palm Harbor Florida 34684, the "Vendor' and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. The contract shall be commence on , 20T and terminate no later than June 30, 2018. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional two (2) year periods and monthly thereafter and terminating on June 30, 2018. The County shall give the Vendor 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. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum possible duration for any Vendor under this Request for Proposal (RFP #12- 5856S) for Community Care for the Elderly and Alzheimer's Disease Initiative Program funding will be through June 30, 2018. As outlined in the regulations pertaining to this funding source, the County requires the Vendor to contribute a cash or in -kind match of no less than ten percent (10 %) for the Community Care for the Elderly (CCE) and Older American Act (OAIIIB) Programs and no match is required for the Home Care for the Elderly (HCE) and Alzheimer's Disease Initiative Program (ADI). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12- 5856S, the terms, conditions and requirements of the grant, and the Vendor'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 Vendor and the County Contract Manager or his designee, in compliance with the County Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Packet Page - 1596 -'`� Page 1 of 12 { , 12/8/2015 16.D.26. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 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. 4. SALES TAX. Vendor 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. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: ADT LLC 32100 US Highway 19 North Palm Harbor, Florida 34684 Attention: Samuel C. Dauler, Operations Manager Telephone: (877) 456 -1787; Facsimile: (877) 666 -4390 E -mail: adthealthreferral @adt.com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239 - 252 -8407; Facsimile: 239- 252 -6480 ToanneMarkiewicz @collier og v.net The Vendor 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. Packet Page -1597- Page 2 of 12 t 12/8/2015 16.D.26. 7. 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 Vendor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor 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 Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his 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. In the event that the County terminates this Agreement, Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor 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. Packet Page -1598- Page 3 of 12 �, j� 12/8/2015 16.D.26. 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 Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Consultant from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor 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 Vendor, 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 Vendor or anyone employed or utilized by the Vendor 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. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Packet Page -1599- r' Page 4of12 t, 121812015 16.D.26. Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the Countv b ,7 the Co=, unit-%, and Human Services Department. 7. 14� CONFLIC"L' OF UNTEREST: W_ Zl.'Or represents t1n.at it Presently has no interest and shp,6! 0,-ry r1to interest, L11 in -ty nner H _­_ est, eit er direct or in which would conEnct i ai ma with the performance of services required hereunder. Vendor further represents that no persons havi-rt.g any SUCII interest shall ba: employed- to perform those services. I CON � 111ONTEI T 5. — NT ?A'RTS QFTFJS CONTR/,CT, This Contract consists of the following comvoj.-tent carts, all of Ohl ch Fre as fully a part of the contract as if hereirl set out verDatixn.: VC­ndor s Proposal, 11-nsuranice. Certifiicate(s), and RFP 4112-58565 Scope of lVork a-nd any _�s ,ddendurn, A. ,t7<cj ant A Contrad Rates, and Attaclimerit B Invoice and Logs. 16. aKq=_ TO APPROPRIATION. It iss f".,zither understood and agreed by - nd between the pa.ries 1 --rein that this a g_eerrtent 'Is sutbJect to appropriation by the Board, of County Cornmissioners. 1.7. PROHIBITION OF GIFTS TO COUNTY EEMPLOYEES. No organization or individual shall of­:er or give, either directly or iridi.rectTv, any favor, gift, loan, fee, serjice or other it-em of value to any County en-o-lo-y ti. a, as set forth in Chapter 112, Part Ef, Florida Statutes, Collier C out ty Ethics Ordinance I-Qo. 20041-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following coi.scquences: a_ 17,rczhibit-lon ',,.)y the individual, fiftm, and/or any employee of the firm from contact wilth County staff for a specified period of time; b. Pro'hibition by the individual and/or finxi from. doing business with the Covinty for a spec-fl," �,:d p­�,riod of tim-e-, d',_1_J'U*i_-,g lx,�`,, ot lurdited to.: submitting bids, r,1711, and/or q-uotes; and, c. Ji1nmedi-ate teeryniknlat*.on or ,.­.y contract held by the individual and/or firi-n for ca'-0-s"e. 18. COMPLIANCE IVITH LAWS. By executing and entering into this agreement, the Vendor is formally ack-nowledg-in[g witjic),at except-ion or stipulation that it agrees to comply, at its own expense., with all federal, state and local laws, codes, statutes, ordlinances, rules, rec-ulations an.6 requlrem.ents ap, licable to this Agre,-Me.-�-tt, illcluding but z,.,ot hlmlt,edi to t1fic',se ,e .as ­vit+, R,eforrn and Contyol Act o,-f 1986 as loce..Led, a'_ 3 U,5,C, 132`4'. seq, -.re,,gulations, rela-ting thereto, F-,,s eJ,iJh.-r -Inay be I I li-nenided; t..51.,.xation, Nvrdrex4,_1 COTDIIe� non, , Lial en -Lployment and safe�Y - icluding, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Packet Page -1600- Pace 5 of 12 12/8/2015 16.D.26. Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Vendor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Vendor 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Grantor Agency Requirements. Packet Page -1601- Page 6 of 12� 12/8/2015 16.D.26. 22. 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 Vendor 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 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 Vendor 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, Fla. Stat. 23. 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. 24. CONTRACT STAFFING. The Vendor'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 Vendor's 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 required service delivery dates. 25. 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: except the terms of any 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 Vendor at Owner's discretion. 26. ASSIGNMENT. Vendor 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 Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. Packet Page -1602 - Page 7 of 121.E 12/8/2015 16.D.26. 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. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) First Witness 'Type/ print witness name% Second Witness TType /print witness namef Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bv: + Tim Nance, Chairman ADT LLC Vendor By: Signature TType /print signature and title% Assistant County Attorney q is �eNtiiRE 2 A. 3tt-, ,f D1 c> Print Name Packet Page -1603- Page 8of12 12/8/2015 16.D.26. Agreement #12 -5856S "Services for Seniors" Attachment A Contract Rates Packet Page -1604- Page 9 of 12 Total Cost Per Reimbursement Item Service Description Grant Service Unit Service Unit Rate Per Unit to Supplier 12. Emergency Alert CCE Per Day 1.09 .98 Response System Packet Page -1604- Page 9 of 12 12/8/2015 16.D.26. Agreement #12 -5856S "Services for Seniors" Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description (identified by fine) Referenced Grant Total Cost Per Service Unit In Kind Match Amount Reimbursement Rate Per Unit to Supplier (Subtract In Kind Match Amount from Total Cost Per Service Unit Unit Quantity TOTAL . AMOUNT (Multiply the Reimbursement Rate Per Unit to Supplier x the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Packet Page -1605- page 10 of 12/ qA 0 5 m v v z 0 a �a A O F A 0 W y GJ V .Q e� x a. b 0 F a� v w O rh bO .y O Qn O O w .+V+ fa d F �i O � d y �v w o n Q 04 w � C V d �C4n G4 DD eo �z CA ' z t: u W tv � r v� atz,� °r v e � v a m q� ;v a, a � a� 8 .h O L H e 0 m C d W eC a E 0 V �a V W L. L Sr WV V 0 .0 V Qou � b L UZ Packet Page -1606- 12/8/2015 16.D.26. _N w O a V C 64� C4 rn DD �z tr 0. �V tv �W V atz,� 0 L a e � L 0 E 8 x O Q E 0 U d V d C V W V U QAU eo „� UZ _N w O a .0 F a� v as t/] Q U V E b d VJ d f+ to 0 d V d W O m d N S, r. 'C! �G O m a� � O C/a y CJ A v � O � •O w is z a� .., 0 v y 0� Q O H A O w 12/8/2015 16.D.26. O V SCI C u .r na A C 3 w W e r F 3 F C 7 W a+ C V A V d z w C U Packet Page -1607- N_ 46 O N p� cq CL. 12/8/2015 16.D.26. AGREEMENT12 -5856S for Services For Seniors THIS AGREEMENT, made and entered into on this day of 2015, by and between Almost Family PC of SW Florida, LLC, authorized to do business in the State of Florida, whose business address is 851 5th Avenue N, Suite 101, Naples Florida 34102, the "Vendor" and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. The contract shall be commence on , 20_ and terminate no later than June 30, 2018. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional two (2) year periods and monthly thereafter and terminating on June 30, 2018. The County shall give the Vendor 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. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum possible duration for any Vendor under this Request for Proposal (RFP #12- 5856S) for Community Care for the Elderly and Alzheimer's Disease Initiative Program funding will be through June 30, 2018. As outlined in the regulations pertaining to this funding source, the County requires the Vendor to contribute a cash or in -kind match of no less than ten percent (10 %) for the Community Care for the Elderly (CCE) and Older American Act (OAIIIB) Programs and no match is required for the Home Care for the Elderly (HCE) and Alzheimer's Disease Initiative Program (ADI). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12- 5856S, the terms, conditions and requirements of the grant, and the Vendor'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 Vendor and the County Contract Manager or his designee, in compliance with the County Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Packet Page - 1608 - v Page 1 of 12 12/8/2015 16.D.26. Payment will be made upon receipt of a proper invoice as per Attachment B, invoice and Logs, attached herein and incorporated by reference and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 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. 4. SALES TAX. Vendor 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. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Almost Family PC of SW Florida, LLC 8515th Avenue North, Suite 101 Naples, Florida 34102 Attention: Todd Lyles, Sr. Vice President Telephone: (239) 643 -3033; Facsimile: (239) 643 -3082 E -mail: toddlyles@almostfamily.com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division. Telephone: 239 - 252 -8407; Facsimile: 239- 252 -6480 ToanneMarkiewicz@collier og v.net The Vendor 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. Packet Page -1609- Page 2 of 12 12/8/2015 16.D.26. 7. 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 Vendor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor 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 Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his 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. In the event that the County terminates this Agreement, Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor 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. Packet Page -1610- page 3 of 12 U 12/8/2015 16.D.26. 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 Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Consultant from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor 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 Vendor, 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 Vendor or anyone employed or utilized by the Vendor 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, 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Packet Page -1611- Page 4 of 12 12/8/2015 16.D.26. Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Community and Human Services Department. 14. CONFLICT OF INTEREST: Vendor 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. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. 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: Vendor's Proposal, Insurance Certificate(s), and RFP #12 -5856S Scope of Work and any Addendum, Attachment A Contract Rates, and Attachment B Invoice and Logs. 16. 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. 17. 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. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Vendor 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 Packet Page -1612- Page 5 of 12 12/8/2015 16.D.26. Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Vendor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Vendor 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Grantor Agency Requirements. Packet Page -1613- Page 6 of 12 U 12/8/2015 16.D.26. 22. 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 Vendor 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 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 Vendor 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, Fla. Stat. 23. 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. 24. CONTRACT STAFFING. The Vendor'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 Vendor's 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 required service delivery dates. 25. 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; except the terms of any 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 Vendor at Owner's discretion. 26. ASSIGNMENT. Vendor 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 Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. Packet Page -1614- Page 7 of 12 12/8/2015 16.D.26. 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: Dated: (SEAL) First Witness TType /print witness nameT Second Witness TType /print witness nameT Bv: r Tim Nance, Chairman Almost Family PC of SW Florida, LLC Vendor By: Signature Approved as to Form and Legality: Assistant County Attorney S�*j11)�F�P Io Print Name t1/t-�16 G� " TType /print signature and titleT Packet Page -1615- Page 8 of 12 v 12/8/2015 16.D.26. Agreement #12-5856S "Services for Seniors" Attachment A Contract Rates Packet Page -1616- Page 9 of 12 K� U3 ... . . .... .... .... .. . . . . ....... T tal c6gt L u: 1l Rdihburs e o .t,.. :Item _ E:Sdf.V bes.::. 1�:!:i! VOV ... ... .. Poe. T Rota: Pee Wilt: 6 S. Ode, . Up . .. .... .... ... nrt. 4. Companion CCE Per Hour 19.60 17.64 5. Homemaking CCE Per Hour 18,561 16.70 6. Shopping Assistance CCE See Item #5 7. Personal Care CCE Per Hour 21.46 19.31 8a. Respite (in-Home) CCE Per Hour 20.00 18.001 8b. Respite (in-Home) ADI Per Hour 20.00 20.0 9. Facility Respite ADI Per Hour 11.00 11.00 Escort CCE See Item #7 Skilled Nursing CCE Per Hour 35.26 1 31.73 Packet Page -1616- Page 9 of 12 K� U3 12/8/2015 16.D.26. Agreement #12 -5856S "Services for Seniors" Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description (identified by line) Referenced Grant Total Cost Per Service Unit In Kind Match Amount Reimbursement Rate Per Unit to Supplier (Subtract In . Kind Match Amount from Total Cost Per Service Unit ) Unit Quantity TOTAL AMOUNT (Multiply the Reimbursement Rate Per Unit to Supplier x the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Packet Page -1617- Page 10 of 12� bD 0 .r it a� tv 'C 4!� z bi A H di A O E o� 3 ,A w bA O H CJ v ti O b b D O w a O O v M ..r e� w O d •O �r ^1 V ro A O H d y O W OJ v �O 0 w V � °t_� y d Q qJ W h �z Y •y v w e E 0 O L . a � u Q c o 6► �d cc 6 E d E a 0 .c e� w E 0 V V d L CN O cU W L O .0.. V b � o _ p W �^aV eo ,� [� Jn V w v y y d 9 �z Packet Page -1618- 12/8/2015 16.D.26. N w 0 a W �z i. 0 •y v e E 0 c yU a� c C .o �d L E d E d o: w a E 0 V V d L � cU W L U b � o Q�U � o � [� Jn w y d �z N w 0 a W .B H �w C i y V 4 b z 6 0 b w w bo O .r H ti V GJ W O d V r b Cu "C O a Cu v x H Q Cu V �y •� R � v U �w O w a� w` V i~I W � Q O H Q O W 12/8/2015 16.D.26. Packet Page -1619- N_ a N R.� O U C r7 fl v .� CL a� A C O w L E 3 d F CA 0 C bD C V w A V a� 8 z C d V Packet Page -1619- N_ a N R.�