#24-8294 (G.A. Food Services of Pinellas County, LLC) FIXED TERM SERVICE AGREEMENT
#24-8294
for
"Senior Meals Program"
THIS AGREEMENT, made and entered into on this -3 day of 20 4-C
by and between G.A. Food Services of Pinellas County, LLC
authorized to do business in the State of Florida, whose business address is
12200 32nd Court North, St. Petersburg, FL 33716 , (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing upon the date of Board approval; or❑ on and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
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
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term 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 prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a • Purchase Order .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Invitation to Bid (ITB)
E Other ( )-# 24-8294 , including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
0 The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 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's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
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4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
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hourlyor material invoices presented, rather, the contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract
is-a utiec-
•
that the project requirements would most likely change. As a general businesc practice,
of hours worked and billing
• Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 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 the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "Iaches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
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4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
Mileage $0414 pe e
Bfeal st $6-88
t-unteh $4gg
Dinner $4-9 00
Airfare Actual ticket cost limited
Rental car
vehiclec,
•
Leisigifig
cap of no more than $150.00 per night
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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.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: G.A. Food Services of Pinellas County, LLC
Address: 12200 32nd Court North
St. Petersburg, FL 33716
Authorized Agent: Diana Bryson
Attention Name & Title: Strategic Account Manager
Telephone: 727-310-1890
E-Mail(s): dbryson@gafoods.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Community and Human Services Division
Division Director: Kristi Sonntag
Address: 3339 Tamiami Trail East
Naples, FL 34117
Administrative Agent/PM: Joshua Thomas
Telephone: 239-252-8995
E-Mail(s): Joshua.Thomas@colliercountyfl.gov
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.
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
Agreement 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
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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 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 the
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement 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 or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. El Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000.00 Per Occurrence, $ 2,000,000.00 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. 0 Business Auto Liability: Coverage shall have minimum limits of$ 500,000.00
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. 0 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$ 500,000.00
for each accident.
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this insurance. Such insuran c shall have limits of not less than $ each
elaity-and-aggregate.
claim.
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F. n Crime : Coverage
shall have minimum limits of$ 25,000.00 per claim.
: C eveage
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
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 thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) 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 the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, 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.
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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. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Community and Human Services Division
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 AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services,
Exhibit B Fee Schedule, I---PcFP/❑ ITB/{l Other
#24-8294 , including Exhibits, Attachments and Addenda/Addendum, [1 subscquent
cites-, and ❑ Other Exhibit/Attachment: Federal Contract Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. 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.
19. 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 Agreement held by the individual and/or firm for cause.
20. 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
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located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statute, §448.095; 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, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
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
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referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23.
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor 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.
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25. •
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
•
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the
26.
27. N-OEWARK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
is--Fccpensibtc for any less or-damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies nece:fary
to replace such loaf or damage shall be deducted from any amounts due Contractor.
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28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. 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.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. 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 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, Fla. Stat.
33. 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.
34. •■ KEY PERSONNEL. The Contractor's personnel and management to be utilized for
this project 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 Agreement. The Contractor shall assign
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as many people as necessary to complete the services on a timely basis, and each person
assigned shall be available for an amount of time adequate to meet the required service
dates. The Contractor shall not change Key Personnel unless the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience. (2) that the County is notified in writing as far in advance as possible.
The Contractor shall make commercially reasonable efforts to notify Collier County within
seven (7) days of the change. The County retains final approval of proposed replacement
personnel.
❑AG REEM
and each person assigncd shall be available for an amount of time adequate to mect
required services.
35.
take precedence.
I ORDER OF PRECEDENCE (Grant Funded). 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 Contractor at County's discretion.
36. 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.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division 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
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four(4) years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPScolliercountyfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
38. n SAFETY. All Contractors and subcontractors 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. Also, all Contractors and subcontractors 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.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank-signature page to follow)
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA
Court artd amritrrQller
By: f, By: i . iit
Attest as to Chairman's
Dated: � ' ' ,...e...
,,, : �� signature only Burt L. Saunders, Chairman
(SE,(, ,,ra t
G.A. Food Services of Pinellas County, LLC
Contractor's Witnesses: Contractor
By: --- L,A.._ S.,L;(--,
Contractor's First Witness Signature
Debra Silvers, Chief Compliance Officer& General Counsel
TType/print signature and titleT
TType/print witness name
Contractor's Second Witness
TType/print witness namel
A ed as r and Legality:
1K 1-e-dti.._
Count Attorney
Prift Name
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0
Exhibit A
Scope of Services
0 following this page (containing 8 pages)
❑ this exhibit is not applicable
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Exhibit A
Scope of Services
DETAILED SCOPE OF WORK
Collier County's Community and Human Services Collier County is seeking a vendor to provide the following types
of meals
• Home delivered pre-packaged frozen meals
• Congregate pre-plated meals
• Shelf Stable meals
Unit pricing provided shall be all inclusive. Unit pricing shall include preparation, packaging, and delivery. The
Vendor shall provide a match of 10 percent(10%)of the unit prices.The vendor's match will be deducted as a discount
from the subtotal on invoices.
1. llome Delivered Meals
I.ovations and scheduling
• Meals are to be delivered between 8:00 a.m.and 5:00 pm.
• Meals are delivered to locations throughout Collier County.
• Collier County will provide the vendor with an up-to-date address and telephone number,along with
any special instructions,on an ongoing basis,as necessary.
• Drivers and delivery services are to be provided by the vendor.
• Meals will be provided approximately 260 days annually and holidays.
• Holiday home delivered meals will be for all home delivered clients,as well as meal site clients whose
locations are closed.
• Meal count changes will be made at 9:00 am on Fridays of the week prior to the deliveries.
• Third party(ex:FedEx)delivery is not permitted.
Preparation and Delivery
• Meals are to be prepared,packaged,and frozen by the vendor.
• Home delivered meals are to be provided in two or three compartment sealed trays.
• Food containers/trays,condiments,meal instruction lids are to be provided with each meal by vendor.
• The delivered meal may be distributed in five and seven packs per week based on the authorization
issued by Collier County.
• Meals will be ready for transport in individual containers that 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.
• The vendor is to monitor daily the temperature of all home delivered meals to ensure that they are no
more than 20 degrees Fahrenheit or are frozen solid.
• Driver's may not leave meals on doorstep.
• Driver's must obtain a written delivery signed statement from client or client's designated
representative.
• The vendor must attempt to make at least two scheduled deliveries to the clients' home in the same
week.
• If no one is home the driver must return the meal back to the vendor and reattempt delivery the next
day.
• Failure to provide meal delivery for a period of three consecutive days by the vendor,without proper
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notification, shall be justification for Collier County to terminate or suspend the vendors Contract,
among other remedies,unless a satisfactory resolution can be reached.
NOTE:The vendor must be willing to be flexible as it pertains to home-delivered meals,as counts will vary daily
due to the fragility of the clientele being served.
2. Pre-plated.Food Congregate
Location and scheduling
• Collier County presently has four(4)established meal sites.The location and meal types required at
all four meal sites can be found in the background section of this solicitation.
• Collier County will notify the vendor of the number of meals required by Thursday at 10:00 a.m.for
the following week;however,the number may be adjusted 48 hours before the actual serving day.
• The vendor shall be flexible regarding the number of meals to be provided at each site from day to day.
• A one-week notice will be provided when meals will not be served on a particular day,unless there is an
emergency or other evidently unforeseeable situation.
• Meals are expected under emergency conditions and/or for special events if such occasions occur during
the regular meal schedule.
• Meals will be provided approximately 249 days annually.
Preparation and Delivery
• All Meals will be delivered individually to each site between 8:00 a.m. and 11:30 a.m. for lunch and
breakfast,pre-packaged with or without side items per the food order submitted by Collier County.
• The vendor shall provide breakfast the day prior. For Mondays,breakfast is provided on Friday and
for breakfasts following a holiday,it is provided the day before the holiday.
• Food is to be pre-measured and assembled into portion size packages for distribution to the clients.
• The vendor shall provide pre-plated heated meals for congregate lunches.
• The vendor shall provide pre-plated cold food for congregate breakfast at sites serving breakfast.
• The vendor will purchase all food and appropriate condiments and will prepare noon meals for delivery.
• All food must be transferred to insulated transport containers provided by vendor for distribution.
• Milk is to be provided in coolers that are either sanitized daily by the vendor or in a cooler that has a
non-reusable liner to prevent contamination.
• All meals must be provided by vendor in such a manner as to maintain safe temperatures up to the time
of meal service.
• Vendor must record the time and temperatures of the hot and cold foods at the time of meal delivery
for each location.
• Collier County has the right to reject payment for hot meals with temperature readings below 140
degrees Fahrenheit and cold meals with temperature readings above 40 degrees Fahrenheit and will be
reimbursed from vendor for the purchase of replacement meals.
3. Shelf Stable Meals
Shelf stable meals shall be meals that contain foods that can be safely stored at room temperature and are in a
sealed container. Shelf stable meals are utilized in the event of a declared disaster, or an emergency as
determined by Collier County. Shelf stable meals may be utilized for clients who receive home delivery or
attend a congregate meal site.
• Shelf stable meals are typically ordered at least one month prior to the start of hurricane season(June
1)for the year;however,additional meals may be ordered throughout the year as needed.
• The total number of shelf stable meals ordered is contingent upon the census of home delivered and
congregate meal clientele who have indicated a desire to receive shelf stable meals.
• These shelf stable meal packs may be distributed in two, three, five, and seven meal packs as
determined by Collier County.
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4. Nutrition
The vendor must be able to comply with all food preparation, storage, safety, and delivery standards as
outlined in the Department of Elder Affairs (DOEA) Programs and Services Handbook, Chapter 5 (pgs.
1-56). See 82-8294-Attachment A DOEA Handbook Chapter 5.
Critical nutrition, safety,preparation,storage,and delivery fundamentals required by DOEA must be adhered
to and are listed below:
Nutrition&Menus
• Comply with the Dietary Guidelines for Americans,published by the Secretary of Health and Human
Services and the Secretary of Agriculture and provide a minimum of 33 1/3 percent of the
Dietary Reference Intake/Adequate Intake (DRI/AI)for 51+year-old adults as established by the
Food and Nutrition Board of the National Academy of Sciences-National Research Council.
• 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 as requested by the County.
• All menus must be developed in accordance with the nutritional dietary guidelines outlined in the
Department of Elder Affairs(DOEA)Programs and Services Handbook,Chapter 5(pgs. 1-56).
Deviating from the meal pattern may be required if dictated by a particular meal site's cultural or
religious preference.For Computer-assisted Nutrient Analysis the following must be utilized:
Computer-assisted Nutrient Analysis
• Documentation using computer-assisted nutrient analysis shall include the following nutrients to ensure
menu adequacy:
o Macro-nutrients:calories,protein,carbohydrate,fat,saturated fat,fiber,and sodium.
o Micro-nutrients: vitamins A, C, E, thiamin, riboflavin, B6, folate, calcium, iron,
magnesium,sodium,and zinc.
• Computer-assisted nutrient analysis is required when one or more meal(s)deviates from the State meal
pattern(i.e.menu does not provide all components or does not provide the required serving sizes).
• It is required that all computer-assisted nutrient analyzed menus include at least three of the State meal
patterns required six meal components.Meal components are bread/bread alternate,vegetable,fruit,
meat/meat alternate,milk/milk alternate,and dessert.
• 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'/3 percent of the DRUAI values as indicated
in the Daily Nutrient Requirement Table.For example:
o If a Vendor 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.
o If a Vendor 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.
o If a Vendor 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.
o Vitamin and mineral supplements or dietary supplements shall not be included in menus
under any circumstance or situation.
o Computer-Assisted Nutrient Analysis Requirements are provided within the DEA
Handbook,Chapter 5.
CAD
5. Safety
• Food 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.
• 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 Management, then such action shall be justification to terminate or suspend immediately the
Contract,among other remedies.
• Should spoilage occur,Collier County may replace spoilages at vendor's expense.Meals,or portions
of meals,that are determined to be inedible,will not be accepted.Vendor shall provide reimbursement
for replacement meals.
• The vendor MUST adhere to applicable food safety and hygiene regulations outlined in Chapter
381.0072 Florida Statutes and Chapter 64E-11, Florida Administrative Code that requires the
enforcement of sanitation rules to ensure the protection of the public from food-borne illness.These
rules shall provide the standards and requirements for the storage,preparation,serving,or display of
food in food service establishments as defined by that Chapter.This includes submitting all inspection
reports to Collier County within 24 hours of the report,including any corresponding corrective action
plans, when food vendor facilities' inspections are completed by the State of Florida's Health
Department. If 10 violations or more are received, Collier County reserves the right to cancel the
contract.The vendor must agree to report any closure or administrative complaint related to food safety.
• 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 issues such as infectious illness
such as diarrhea,vomiting,fever,sore throat,etc.
6. Storage and Delivery
• The vendor 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.
• 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.
• Pre-plated/pre-packaged 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.
7. Special Conditions
Kitchens will abide by Florida Department of Health Food Regulations.All foods,whether purchased by
or donated to the program,must meet the following criteria:
• Food shall be obtained from sources that comply with federal,state,and local laws.
• 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 Regulatory Agency that has jurisdiction over the plant.
• 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,and steak tartare.
• Partially cooked animal food such as lightly cooked fish,rare meat,soft-cooked eggs that are made from
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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.
8. Access to Inspect
Collier County shall have the right and authority to inspect at any reasonable time any food preparation,
packaging,and storage areas,and the food containers used in transporting prepared meals and other food
supplies to Collier County sites to determine the adequacy of sanitation and maintenance practices.
Designated Collier County staff will conduct an annual inspection of the vendors facility using a Collier
County Monitoring Tool with a written report of finding submitted to the vendor for review.
Additionally,Collier County will have the right to monitor the delivery routes and monitor temperature
of home delivered meals at any time.Both parties shall meet and/or talk quarterly to review contract
performance.
9. Substitutions and Alternate Options for 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.
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 obtain alternate options(i.e.ordering catering,etc.)to meet the contract requirements.
The County reserves the right to deduct the cost of such alternate options 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.
10. Meal Payment
Collier County Community and Human Services(CHS)will pay the vendor for the actual number of meals
received and accepted by Collier County's meal program during the monthly billing period.
A monthly invoice from each vendor will reflect the following:
• Total number of meals ordered.
• Amount charged per meal.
• Credit(s)for rejected whole meals or portion of meals that were below acceptable temperature,which
were not replaced within the one(1)hour of rejection.If rejected meals are not replaced,reimbursement
by the vendor for alternative meals is required.
• Amount of total invoice,to include customer subtotal, 10 percent(10%)discount and customer total.
• Purchase Order number must be included on all invoices.
• Invoices will be submitted weekly for review.
Original monthly invoices are to be uploaded in Neighborly by the vendor by the fifth day of the
following month.Invoices shall contain details of services provided.A valid Collier County purchase
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order number must appear on each invoice. Invoices shall be submitted to the ordering department at
the conclusion of each transaction.
11. Subcontracting
No part of this Contract may be assigned or subcontracted by the vendor without prior written approval
by Collier County.
12. Gratuities
The vendor certifies that they have not given any gifts,gratuities,or special compensation to any Collier
County employee prior to the award of this contract and shall further certify that no gifts,gratuities,or
special compensation shall be given to any Collier County employee during the term of this contract,as
evidenced by vendor self-certification.
The vendor certifies that they will not accept any gifts,gratuities,or special compensation from clientele
during the term of this contract.
13. 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:
• Not to discriminate against any employee or applicant for employment because 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 operations.
• Post in conspicuous places notices setting forth the provisions of the nondiscrimination clause.This
shall be made available to employees and applicants for employment.
• 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.
• Notices,advertisements,and solicitations placed in accordance with federal law,rules,or regulations
shall be deemed sufficient for the purpose of meeting these requirements.
• Include the provisions of number 1 above in every subcontract or purchase order over$10,000 so that
the provisions will be binding upon each subcontractor or vendor.
14. Service Standards/C'ompliance
Standard of Service
The vendor must provide a single point of contact during the duration of the contract.
Vendor agrees to perform the Scope of Services as described herein in accordance with the DOEA
Programs and Services Handbook, chapter 5 and its implementing regulations as they may be
promulgated and amended from time to time,and other legal and regulatory standards,as applicable.
Vendor shall comply with and be otherwise controlled and governed by the ethics and standards of care
of the profession and industry in which Vendor shall,from time to time,provide services hereunder.
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Vendor shall ensure that all services provided under this Contract are delivered timely,completely,and
commensurate with required standards of quality. If Vendor fails to meet the prescribed quality
standards for services,such services may not be reimbursed under this Contract.
Licensing and Credentialing
Vendor shall at all times during the Term of this Contract maintain all registrations and licenses required
by the state in which services are performed and shall comply with applicable federal and state laws;
be and remain duly licensed by the state, or other credentialing authority, to provide services as
contemplated herein without restrictions. The Vendor shall have in effect all necessary licenses,
permits, and food handlers' certificates as required by law, and 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. Vendor agrees to provide proof of insurance,
licensure,or certification (occupational, professional, and driving when applicable), and evidence of
credentials upon request and to notify Collier County immediately upon any change in insurance,
licensure,or other required credentials.
Adult Protective Services Priority/Mandated Reporting
Vendor understands and agrees that it will give priority to clients that Collier County identifies as Adult
Protective Service clients.Vendor understands and agrees that if at any time an employee of Vendor is
aware of or suspects that abuse,neglect,or exploitation of children,disabled persons,or aged persons
has occurred,as defined in Fla.Stat.Chapter 415,Florida Statutes,the employee of Vendor is required
to immediately report such known or suspected abuse or neglect to the State of Florida's Central Abuse
Registry and Tracking System on the statewide toll-free telephone number(1-800-96ABUSE).Failure
of the employee to immediately report known or suspected abuse, neglect, or exploitation may
constitute a material breach of this Contract and may result in the termination of this Contract.
Program Compliance Guidance
Vendor agrees to conduct activities and to provide services prescribed herein in full compliance with
all applicable federal and state statutes,regulations,and the provisions of:
• DOEA Programs and Services Handbook,Chapter 5.
• DOEA Notices of Instruction.
• Collier County and Funding agency Policy Releases.
Personnel Background Screening and Qualifications
Vendor agrees that its employees, volunteers or other personnel will submit to all background
screening, criminal record checks,and credit checks as may be required by Fla. Stat. §430.0402,and
Chapter 435,Florida Statutes,or as otherwise requested by Collier County including local,state,and
federal checks;and at no time shall any employee,volunteer,or other personnel,be assigned to work
with clients until required background screening has been completed. Vendor shall ensure that its
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employees responsible for performing any duties or functions under this Contract have the
qualifications as specified in the DOEA Programs and Services Handbook,Chapter 5.
Accounting Requirements
Vendor agrees to comply with the cost principles,administrative requirements,and other provisions of
all applicable state and federal laws and regulations including: Sections 215.97 and 216.348,Florida
Statutes;Title 45,Code of Federal Regulations(CFR),Part 74 and/or 45 CFR,Part 92;CFR 200,and/or
48 CFR Part 31;and Office of Management and Budget(OMB)Circulars A-21,A-87,A-102,A- 110,
A-122, and A-133, whichever is applicable to Vendor's organization. Vendor shall timely report any
violations of the above to Collier County.
Environmental Conditions
Vendor agrees to comply with all applicable standards,orders,or regulations issued under Section 306
of the Clean Air Act 42 USC 7401,et seq.;U.S.Department of Labor,Occupational Health and Safety
Code;Title 29 CFR Part 1910.1030;and the Federal Water Pollution Control Act as amended(33 USC
1251,et seq.)Vendor shall timely report any violations of the above to Collier County.
Trafficking in Persons Prohibition
Vendor agrees to comply with Title 2 CFR Part 175 regarding Trafficking in Persons.
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Exhibit B
Fee Schedule
following this page (containing I pages)
Page 16 of 17
Fixed Term Service Agreement
[2024_ver.3]
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Exhibit B- Fee Schedule
24-8294- Senior Meals Program
G.A Food Services of Pinellas County LLC
Unit pricing provided shall be all inclusive. Unit pricing shall include preparation,packaging,and delivery.
Unit Price less
In-kind 10%match
Items Description Meal Unit Price Match 10% Total Payable
Amount
1 Home Delivery-FIVE PACK Lunch $33.75 $3.38 $30.38
2 Home Delivery-SEVEN PACK Lunch $47.25 $4.73 $42.53
3 Holiday Meals(2PK.Frozen) Holiday $13.50 $1.35 $12.15
4 Pre-plated Congregate-SINGLE Breakfast $4.98 $0.50 $4.48
MEAL
5 Pre-plated Congregate-SINGLE Lunch $6.15 $0.62 $5.54
MEAL
6 Shelf Stable-TWO PACK Lunch $13.50 $1.35 $12.15
7 Shelf Stable-THREE PACK Lunch $20.25 $2.03 $18.23
8 Shelf Stable-FIVE PACK Lunch $33.75 $3.38 $30.38
9 Shelf Stable-SEVEN PACK Lunch $47.25 $4.73 $42.53
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Other Exhibit/Attachment
Description: Federal Contract Provisions and Reassurances
n following this page (containing 15 pages)
❑ this exhibit is not applicable
Page 17of17
Fixed Term Service Agreement
[2024_ver.3]
CAS
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(ADMINISTRATION ON AGING)
AND
FLORIDA DEPARTMENT OF ELDER AFFAIRS
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA
financial assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards(2 CFR Part 200.23)the definition of CONTRACTOR is
an entity that receives a Contract/Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders:The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
FCP-1
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES �� ___............................_ _.................__....._......... _
Administrative,Contractual,or Legal Remedies: (41 U.S.C. 1908, 2 CFR§200 Appendix II (A) Unless
otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question
between the local government and the contractor,arising out of or relating to this contract,or the breach of
it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
Access to Records and Reports: (2 CFR§200.337)The contractor/vendor agrees to maintain all books,
records, accounts and reports required under this contract for a period of not less than three years after the
date of termination or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case the Contractor agrees to maintain same until
the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Furthermore, the County shall maintain written policies and procedures for computer system
backup and recovery and shall have the same requirement of its Contractors.
Affirmative Socioeconomic Steps: (2 CFR § 200.321) The County is dedicated to fostering the continued
development and economic growth of small, minority-, women-, and service-disabled veteran business
enterprises. All contracting and subcontracting opportunities afforded by this solicitation/contract are
strongly encouraged to contribute as both Contractors and Sub-Contractors. If subcontracts are to be let,
the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to
ensure that small and minority businesses,women's business enterprises,and labor surplus area firms are
used when possible. Firms may be required to submit documentation describing the efforts being made to
encourage the participation of small,minority-,women-,and service-disabled veteran business enterprises.
Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352) (2 CFR§200 Appendix II)Vendors must certify it will
not and has not used Federal appropriated funds have been paid or will be paid, by or to any person or
organization for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. The certification includes any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Civil Rights Compliance:The contractor and its subcontractor(s)who is the recipient of Federal funds(or
assumes others with whom it arranges to provide services or benefits in connection with any of its programs
and activities or assures others with whom it arranges to provide services or benefits to participants or
employees) must comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the
basis of race,color, or national origin(45 CFR 80),and Statutes and Regulations enforced by the Office of
Civil Rights, U.S. Department of Health and Human Services, as follow:
• Section 504 of the Rehabilitation Act of 1973, as amended(29 USC§794), prohibits discrimination
against otherwise qualified individuals on the basis of disability in programs and activities receiving
financial assistance from HHS 45 CFR 84 and/or programs or activities conducted by HHS 45 CFR 85
in the provision of benefits and under the ADA that does not:
a. Exclude a person with a disability from a program or activity;
b. Deny a person with a disability the benefits of a program or activity;
c. Afford a person with a disability an opportunity to participate in or benefit from a benefit or
service that is not equal to what is afforded others;
d. Provide a benefit or service to a person with a disability that is not as effective as what is
provided others;
e. Provide different or separate benefits or services to a person with a disability unless
necessary to provide benefits or services that are as effective as what is provided others;or,
f. Apply eligibility criteria that tend to screen out persons with disabilities unless necessary for
the provision of the service, program or activity.
FCP-2
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES _.............__.�__.__. ......_........................_...__................... ... ...._ .
• Section 508 of the Rehabilitation Act of 1973,as amended, (29 USC §794(d)) prohibits
discrimination on the basis of disability in electronic and information technology as they relate to
programs and activities conducted by HHS.
• The Age Discrimination Act of 1975, as amended (42 USC §6101) prohibits discrimination on the
basis of age in programs or activities receiving Federal financial assistance 45 CFR 90;
and/or programs or services receiving HHS financial assistance 45 CFR 91;
• Title II of the Americans with Disabilities Act(28 CFR Part 35), relating to Nondiscrimination on
the Basis of Disability in State and Local Government Services 2010 ADA Standards for Accessible
Design;
• The Drug Abuse Office and Treatment Act of 1972(P.L.92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
• The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation
Act of 1970(P.L.91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;(g)§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §290 dd-3 and 290
ee-3), as amended,as relating to confidentiality of alcohol and drug abuse patient records;
• Section 1908 of the Public Health Service Act(42 USC§300w-7) prohibits discrimination on the
basis of age, race,color, national origin,disability, sex(gender), or religion in programs, services, and
activities funded by Preventative Health and Health Services Block Grants.
• Federal Health Care Conscience Protection Statutes (42 USC§300a-7; 42 USC§300a-7; 42
USC§238n and the Weldon Amendment(Continuing Appropriations Resolution, Pub. L. No. 113-
164, Sec. 101(a) (Sept. 19, 2015); Regulation for the Enforcement of Federal Health Care Provider
Conscience Protection Laws,which prohibit recipients of certain Federal funds from discriminating
against certain health care providers who refuse to participate in certain health care services on
religious or moral grounds.
• Section 1557 of the Affordable Care Act prohibits discrimination on the basis of disability by entities
that operate a health program or activity.
• 45 CFR 80.The contractor must have on file an assurance that the program will be conducted in
compliance with all nondiscriminatory provisions as required in 45 CFR 80.
Clean Air Act and Federal Water Pollution Control Act: (2 CFR § 200 Appendix II) Contracts and
subgrants of amounts in excess of $150,000 shall contain a provision that requires the Contractor or
recipient to comply with all applicable standards, orders, or requirements issued pursuant to Section 306
of the Clean Air Act as amended (42 U.S.C. 7401-7671q.), Executive Order 11738,as amended,where
applicable, the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and
Environmental Protection Agency regulations 2 CFR Part 1500. The Contractor shall report any violations
of the above to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
Debarment and Suspension: (2 CFR§200 Appendix II)Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the government wide
Excluded Parties List System in the System for Award Management(SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and
12689(3 CFR Part 1989 Comp.,p. 235), "Debarment and Suspension."The Excluded Parties List System
in SAM 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
successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
Contractor shall comply with these provisions before doing business or entering into subcontracts receiving
federal funds pursuant to this contract. The Contractor shall complete and sign the Certifications and
Assurances Attachment prior to the execution of this contract.
Domestic Preference for Procurements: (2 CFR § 200.322) (a) As appropriate and to the extent
consistent with law,the non-Federal entity should,to the greatest extent practicable under a Federal award,
_..__.. FCP-3
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the
United States(including but not limited to iron,aluminum,steel,cement,and other manufactured products).
The requirements of this section must be included in all subawards including all contracts and purchase
orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United
States" means,for iron and steel products,that all manufacturing processes,from the initial melting stage
through the application of coatings, occurred in the United States. (2) "Manufactured products" means
items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
Drug Free Workplace:This certification is required by the regulations implementing Sections 5151-5160
of the Drug-Free Workplace Act of 1988(Pub. L. 100-690,Title V, Subtitle D;41 USC 701 et seq.), 7 CFR
Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and
published as Part II of the May 25, 1990 Federal Register(pages 21681-21691).
Equal Employment Opportunity: (Appendix II, 2 CFR Part 200) The Contractor shall not discriminate
against any employee or applicant for employment because of race,age,creed,color,sex or national origin.
The Agency will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such
action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Contractors must insert a similar provision in all
subcontracts,except subcontracts for standard commercial supplies or raw materials.
No Government Obligation to Third Parties:The Federal Government is not a party to this contract and
is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract."
Procurement of Recovered Materials: (2 CFR§200.323)Contractor and subcontractor agree to comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, and the regulatory provisions of 40 CFR Part 247. (1) In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA
designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for
compliance with the contract performance schedule;(ii) Meeting contract performance requirements;or(iii)
At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web siteLhttp://www.epa.gov/. The list of EPA-designate items is available at
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Program Fraud and False or Fraudulent Statements of Related Acts: The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (2 CFR
§200.216)The Federal awarding agency prohibits the County to enter into a contract to procure or obtain
equipment, services or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities
.__
FCP-4
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EXHIBIT
FEDERAL CONTRACTPROVISIONS AND ASU3RANCES
ur using such equipment. (i)(�i)Te|oonmmunio�ionoor video ovmeiUancaequipment urmamicesproduced
o/ provided by-an entity
-that the Secretary of Defense in nuno u|tation with the Director of the National|nteUigon000/|heDr*cmn»f theFederal Bureau ofInvestigation,reasonably believes tobeon entity owned
or controlled by, or otherwise ^= .ec=" 1o. the Q~,*rnm*. t of a covered foreign country. (b) In
implementing the ' -hibdom underPublic Law 115-232. aection88Q. subsection U0, paragnaph(1). heads
of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and
teuhnica| aup'- auaist affected businesses, institutions and organizations aoia reasonably necessary
for those affected
entities to transition from covered communications equipment and wem|cea, to procure
replacement equipment and services, and to ensure that communications service to users and customers
in sustained. (c) S ee P ubU o Law 115'232. section 08O for additional information.
Rights tu Inventions: K the Federal award meets the definition of"funding agreement" under 37CFR �
401.2 (a) and the recipient or uubrecipient wishes to enter into a contract �h o small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
dov~|opme�a| orroaeerchwmrkundertho1�undingagnoement.^tho,od�entoraubmcipier�mu,toomp|y
with developmental,-men$/f37CFR Part 401."Rights tu Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
Termination for Cause and Convenience: (2 CFR§ 200 Appendix 11) See County's Standard Terms and
Conditions.
Records- Upon termination of this contract,whether for convenience or for cause, the Contractor shall, at
no cost to AAASWFL,transfer all public records in their possession to AAASWFL and destroy any duplicate
public records that are exempi, or confidential and exempt, from public records dinc|uouns requirements.
All records stored electronically shall be provided to AA\SVVFL in u format that in compatible with the
information technology systems ofAA4SVVFL.
Trafficking in Persons: The Contractor and subcontractors shall comply with Title 2 CFR Part 175 and 2
CFR §17515 provisions applicable Voa private entity, oa defined in2CFR175,25,
Transparency Act: Unless exempt under 2CFR§ 17U.11 O(b).the Contractor shall comply with the
reporting requirements of the Transparency Act as expressed in 2 CFR Part 170.
Unauthorized Aliens:(Reference Immigration and Nationality Act(8 U.S,C.§1324e) and the Immigration
Reform and Control Act of 1986 (8 U.C. § 1101) (a) Making Employment of Unauthorized Aliens Unlawful
(1) In General it is unlawful for o person or other entity— (A) to hire, or to recruit or refer for a feo, for
employment in the United States an alien knowing the alien is on unauthorized alien (as defined in
subsection(h)(3))with respect to such employment. (2)Continuing Employment|tio unlawful h/rmpaemn
o,other entdy ftorhihngon�ien for em� with
the alien inth' after
Sbobeo knowing the alien is (or has become) an unauthorized alien with respect to
such employment.
- _____-_-_ -_-- ______-___-___ ---�. -____-----__--_-__ __--
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EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
STATE GENERAL PROVISIONS
Discriminatory Vendors List, Section 287.134. F.8.: In accordance with Section 287,134, Florida
G\atuVao an entity or affiliate who has been placed on the discriminatory vendor list may not Submit bid
on o contract to provide any goods or services to m public entity, may not submit a bidon a contract with a
hn the construction irofopub|iobui|dingnrpu�icwmrh may not submit bids on leases
of r econ ru »n»rr*pa not b awarded c« perform work,
�n a contractor, �uPP|i*r,
nf real property to a public entity, may n o pwa e � .
subcontractor,or consultant under a contract with any public entity,and may not transact business with any
public entity.
Equal Employment Opportunity:The Contractor shall not discriminate against any employee or applicant
for employment because of race, age, creed, color, sex or national origin.The Agency will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,without
regard\o their/one age, nraed, oo|or, aex, or national origin. Such action shall include, but not be limited
to the following:EmploymentowinQ� — upgrading.dam��ion.nrtnanmher;rwuruitmentorrenruiLmentadvn�isinQ;|oyoff
or' termination; ---a of pay or other forma of compensation; and selection for tro|ning, including
apprenticeship. Contractors must insert o similar provision in all nubcontractn, except subcontracts for
standard commercial supplies ov raw materials.
E4/wrify' T000,np|y with Pras�on�a|Executive Order 12888.aa amended, and 8ha�of Florida Executive
Order Number 11-110 Contra��nragrees 1ouU|ize the U.S. Depa�montuf Homeland Security's E-verify
~ ' -
system verify the `mp|oymen\ ofaU nevvemp|oysea hied by Contractor during the connu�� term.
Contractor ob'| include in related uubcontna��a m requirement that Subcontractors performing work or
� rktoth o�tecontract utilize the E'wahfysy�omtn verify emp|oymer�ofaUnew
pm«�ingsem/uespurauoSubcontractor nduring the contract term. Contractors mmabny the hannu and
employees hired by the �
conditions of the E-Verify System are deemed to be in compliance with this provision.
Interest of Members of Congress: No member of or delegate to the Congress of the United States shall
be admitted to any share or part of this contract or to any benefit arising therefrom,
Interest of Public Officials: No member, o�cer, ur employee ofthe public body orofa local public body
duhnAhiotanureurfor$wo'years thereafter shall have any interest, direct or indirect, in this contract or the
proceeds thereof. For purposes of this provision, public body shaUindudemunidpaUtieoand other po\ihoo|
subdivisions of States: and� public corporations, boards, and commissions established under the laws of
of K�PO«� f o local public body during his tenure or for
any State. No member, officer, »'employee a d indirect, in contract or the proceeds thmr�of,
two years thereafter aho|| have any interest, direct or r��,. n", ,
Inspector General Cooperation:The Parties agree hocomply with Section 20,U55(5). Florida Statutes,for
the inspector general to have access to any records,data and other information deemed necessary to carry
out his ur her duties and incorporate into all subcontracts the obligation ho comply with Section 20.055(5).
Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Logia|atune,
the judicial branch nra state agency.
Public GndftyCrime: Pursuant to Section 287.133. F.S.. a person or affiliate who has been placed onthe
Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or
reply ono contract pnwideonygooduormemioeatoa public entity;may not xubm�u bid, proposal,or
— b construction vopoirnfa public building or may
�p|ynnaonin�ac�w*`a|Pu�Uuand�n»t�ano»oy rao|ruoon»n� '
dytoapuNioentity; mqyn Ueowand d »r
��
nonsuumnuoe. PmPo»a�' m /�p"�� i'''=""�" r~'~Conau�ent under moon�ant with any P«bUu
pe�bnnmmrkmou Contractor, Supplier, Subcontractor, nrnexonwuof�h*dhnooho|damoun�701T FS�.
enti1y� andmayno<tranoaotbusineoow|thonypuu|ioonoty/ 7.017,
for CATEGORY' TWO for a period of thirty nix (38) months following the date of being placed on the
Convicted Vendor List.
�� ����_������������������������������������������_����������������_. �
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
DIRECT SERVICE PROVIDER PROVISIONS
Background Screening: The Contractor shall ensure that the requirements of Section 430.0402 and
Chapter 435, F.S., as amended, are met regarding background screening background screening for all
employees,volunteers,and persons seeking employment who are"direct service providers"as that term is
defined in Section 430.0402(1)(b)and who are not exempted from Level 2 background screening by Section
430.0402(2). The Contractor and its direct service providers must also comply with any applicable rules
promulgated by the Area Agency on Aging for Southwest Florida, Inc. (AAASWFL) and the Agency for
Health Care Administration regarding implementation of Section 430.0402 and Chapter 435, F.S.
Contractor shall submit the Background Screening Attestation of Compliance-Employer(Screening Form)
to the AAASWFL within thirty (30) days of execution of this contract. Should the AAASWFL have a
completed Screening Form on file for the Contractor, a new Screening Form shall be submitted to the
AAASWFL every twelve(12) months, and the Contractor shall also maintain copies of the new screening
forms for its direct service providers as required herein. The Contractor hereby agrees to correct all
background screening deficiencies identified by the AAASWFL's Contract Manager within thirty (30)days
upon notification. Further information concerning the procedures for background screening may be found
at htt ss 1relderaffairs,org(a bout- u sib ackg round-screening/
Social Media and Personal Cell Phone Use: Inappropriate use of social media and personal cell phones
may pose risks to Agency's confidential and proprietary information and may jeopardize compliance with
legal obligations. By signing this contract,Contractor agrees to the following social media and personal cell
phone use requirements.
The term Social Media and /or personal cellular communication includes, but is not limited to, social
networking websites, blogs, podcasts,discussion forums, RSS feeds,video sharing, SMS(including Direct
Messages (DMs), iMessages, text messages, etc.); social networks like Instagram, TikTok, Snapchat,
Google Hangouts,WhatsApp,Signal,Facebook, Pinterest,and Twitter;and content sharing networks such
as Flickr and YouTube. This includes the transmission of social media through any cellular or online
transmission via any electronic, internet, intranet, or other wireless communication. This contract applies to
any Agency or other state business conducted on any of the Contractor's, Subcontractor's, or their
employees' social media accounts or through personal cellular communication. This contract applies
regardless of whether the social media is accessed using Agency's IT facilities and equipment or equipment
belonging to Contractor, Subcontractor, or their respective employees. Equipment includes, but is not
limited to,personal computers,cellular phones, personal digital assistants,smart watches,or smart tablets.
Prohibited or Restricted Postings:Any social media posts which include photos, videos, or names of
clients,volunteers, staff,or other affiliates of DOEA may only be posted when authorized by law and
when any required HIPAA authorizations and any other consents or authorizations required pursuant to
federal or state law are on file with the contractor's records.
Florida Government in the Sunshine, Florida Public Records Law, and HIPAA: Contractor
acknowledges that any DOEA or other state business conducted by social media or through personal
cellular communication is subject to Florida's Government in the Sunshine Law, Florida's Public Records
Law(Chapter 119, Florida Statutes), and the Health Insurance Portability and Accountability Act(HIPAA).
Compliance with these laws and other applicable laws are further detailed in the contract.
Data Integrity and Safeguarding Information: Uniform Electronic Transaction Act, Section 668.50, F.S.;
Public Records Law,Chapter 119, Section 29, F.S.The Contractor shall ensure an appropriate level of data
security for the information the Contractor is collecting or using in the performance of this contract. An
appropriate level of security includes approving and tracking all Contractor employees that request system
or information access and ensuring that user access has been removed from all terminated employees.The
Contractor, 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
FCP-7
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FEDERAL CONTRACT PROVISIONS AND ASUSRANCE5
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 Contractor shall ensure all Subcontractors maintain written procedures for
computersystem backup and recovery.The Contractor shall complete and sign the Certification Regarding
Data Integrity umpUonon for Agreements, Qranta. Loans, and Cooperative Agreements prior to the
execution of this contract.
Grievance Procedures:The Contractor 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 to 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'mdeterminadion(u).
Incident Reporting: The Contractor shall immediately report knowledge or reasonable suspicion of abuse,
neglect, or exploitation of chi|d, aged perwon, or disabled adult to the Florida Abuse Hotline onthe
etehsvvietoll-free telephone number (1'8OO-A8A8USE) As required by Che[tero3Q and415. F,&, this
provision is binding upon the County,its Subcontractors, and their employees.
Inspections (Meals): The Contractor must agree to notify the Nutrition Provider within 24 hours of any
sanitation inspection and provide a copy of the report.
Information Technology Resources: The Contractor must adhere to the AAASVVFL's procedures and
standards when purchasing Information Technology Resources (|TR) as part of any agreement(o)
incorporating this contract by reference.An ITR worksheet is required for any computer related item costing
$1,0O� 0OO or more, including data processing hordware, uofwona, onrvicme, supplies, maintenance,
training, personno|, end facilities. The completed |TR vorkoheet shall be maintained in the LAN
administrator's file and must
be provided to the AAASVVFL upon request. The Contractor has the
responsibility to require any Subcontractors to comply with the AAASWFUs ITR procedures,
ACORN Funding Restrictions As a condition of the Contract, Contractor assures that it will comply fully
with the federal funding restrictions pertaining to Association of Community Or anizabnnohorRoformNmw
(ACORN)and its subsidiaries per the Consolidated Appropriations Act,2010,Division E, Section 511 (Pub.
L. 111'117) The CondnoingAppmpriotionaAct, 2O11. Sections 181 and 1O3 (PubL111'242). pmvidea
that appropriations made under Pub, L. 111-117anaavai|mb|e under the conditions provided by Pub. L
111'117,
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES _........._
GRANT CERTIFICATIONS AND ASSURANCES
RETURN DOCUMENTS BY SOLICIATION DEADLINE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions
2. Certification regarding Lobbying
3. Conflict of Interest
4. Anticipated DBE, M/WBE or VETERAN Participation Statement
5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
6. Acknowledgement of Grant Terms and Conditions
_-_........._._.__._ FCP-9
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FEDERAL CONTRACT PRDVSK]NSANDAGUSRANCEO
__ _�
-------�� COLLIER COUNTY
Certification Regarding Debarment, Suspension,and Other Responsibility KAatt»ne
______ ____ ______ _ 1Pr|ma�LPq«*n»dT[§ns@f�k�s _--- -------------
(1) The prospective primary participant certifies to the beet of its knowledge and belief, that it and its
principals:
(a) Are not presentlydehaned suspended, for debarment, declared imAigible,or voluntarily
excluded from covered transactions~' any Federal agency;
(b) Have not within three-year period preceding this | been convicted of or had m civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(n) Are not pemort|y indicted for or otherwise criminally civilly h d by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year porod precedingthis app|icati / o| had one m more public
transactions(Fedeny|. State orlocal)terminated for cause ordefault.
(2) Where the prospective 'h i participant is unable to certify to any of the statements in this
^ �i�oatrmn. such p«�'^o participant shall attach an explanation\u this proposal.
Debra Si|vern, Esq. Collier County Senior Meals Program 24-8294
Name Project Name
Chief Compliance Officer& GC NBPHAVVB5TOL1
--Title 8AK8.gov Unique Entity |D (UB) Number
GA Food 3o*�eav,�nv|�nCvun�.LuC 59-1485077
—Firm Tax|DNumber
07-321'5956
'
DUNS Number
12200 32nd Court North, 8t. Pate[sburg, FL 33716
-- s4Addrea---ity State, Zip
�--_ -
Signature
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EXHIBIT
FEDERAL CONTRACTPROVISIONS AND A3USRANCES
____ __ ____
COLLIER COUNTY
CertifivahunRegmndingLobbying
____-_-___---.-........ __-_______-------_- _...
The undersigned certifies, |o the best of his or her knowledge,that:
(1) No Federal appropriated funds have been paid or will be peid, by or on behalf ufthe vnderoignad, to
any person for influencing o, attempting to influence on officer or employee ofanagency, a Member of
Congress, an officer or employee of Congress, or an employee of Member of Cnngnmwo in connection
withthe'-awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative agreement, and the e*enaion, ountinuuUon, nanavva|, nmondment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) |f any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency. a Member of Con0resa, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract,grant,loan,orcooperahveagreomnnt.thaundernignednha||comp|eteandnubmitStandardFnrm'
LLL. ^Dioc|owv/eFurmtoReportLobbying.^inacnordancevvithitoinn1mctiona
(3)The undersigned shall require that the language of this certification be included in the award documents
for all eubmwmrds at all tiers (including oubcuntnacts, subgnanta, and uon!motn Linder grants, |nana, and
cooperative agreements)and that all subrecipients.shall certify and disclose accordingly,
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
35� amended h �h Lobbying Disclosure Any
transaction imposed �y 31 U.S.C. � 1 (as emen o by me �
person who fails to0e the
'required certification shall be subject\oacivi| pono|tynfnu\|eoothan $1O.0O0
and not more than $1OO.ODO for each such failure.
G.A. Food rb��oo/��rma�hoh �u� u\nesmand accuracy ofeach
The Contractor, Countv' LLC .ce
statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that
the provisions of31U,S,C. § J8O1 o/ooq.. apply to this certification and disclosure, ifany.
In addition, the Contractor understands and agrees that the provisions of11.862. Florida Statutes,, apply
to this certification and disclosure, ifany.
Signature of Contractor's Authorized official
Debra s/*mm` pl, �
sox� ovmnnu��omp*'&sc Name ofA�hohaedO�nia| and Ti8e
_ _
November 18. 2024 Date
������������������������������������ ������ �������������������������`
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EXHIBIT
FEOERALCONTRACTP�0V|0ONSANDASUSRANCES
----- � COLLIER COUNTY
| __ _______ _________Conflict of\nha�shCa�ific�ion
24'82g4 _
Collier County Solicitation No.
| Debra Silvers, Esq. . hereby certify that to the best of my knowledge,
neither
-'-ner, director, trustee, general po�neroremployee, ur any pe�on ormgani��kznw�h whom | am
negoU' bnQ or have on arrangement concerning prospective employment has a financial interest in this
mattar.
| further certify to the best of my knowledge that this matter will not affect the financial interests of any
member of my household.Also,to the best of my knowledge, no member of my household: no relative with
whom | have a o|oma relationship; no one with whom my spouse, parent mr dependent child has or seeks
employment; and no organization with which | am seeking a business relationship nor which i now serve
actively or have served within the last year are parties or represent a party to the matter.
| also acknowledge my responsibility to disclose the acquisition of any financial or personal interest an
described above that would be affected by the matter,and to disclose any interest 1,or anyone noted above,
has in any person nr organization that does become involved in,o/isaffected ato later date by,the conduct
of this matter.
___
Debra Silvers, Esq. �=�k�—��J—�----
---- --- --Name Signature
Chief_Conqd�noeDff�er&.[�enara| Counsel _Novemberl_8��24 ____ __��__
----
Position Date
Phvany Act.Statement
Title I of the Ethics in Government Act of 1878 (5 US�C. Appj, Executive Order 12874 and 5 CFR Part
2534 Subpmd | naquim the mporUngof this infonnohun,The primary use of the i� form
� rev
iew tmd�ennine compliance v�Uhapplicable federal con8icLuf
interest| vv� oand regulations.Additional disclosures of the information on this report may be mode: (1)toe
federal, state orlocal law enforcement agency if the Justice Department becomes owemufa violation or
p��e �`--|vio|etiono/|ovvorrngu|ationa, (2)t0000urtorpartyinocourtorfedere|odnniniatrotixeprnceeding
e gover
nment mnnent is a party or in order to comply with m judge-issued subpoena; (3) to a source when
necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National
and Records Administration or the General Som�oo Administration in records management
Archives� ^ (5) to the Office of Management and Budget during legislative coordination on private relief'^`��~'~^�' nd (0)\npesponoomuequoot�xdiscovorycxfortheoppoaronoeofavvihneooinajudic|a|or
legislation;` an
d
administrative proceeding, if the information is relevant to the subject matter,This confidential certification
will not he disclosed to any requesting
person unless authorized by law. Gee also the OGE/SOVT-2
executive branch-wide Privacy Act system ofrecords.
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status AO be verified, Uriverefatie statuses will require the PR ME to either proiyde a revised statement or provide source documentation that,alidates a
St3t115.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FED tiUNISEP, CONTRACT DOLLAR AMOUNT
G.A.Food Services of Pinellas County,LLC 59-1485677
THE PRIME A FLOP DA-CERTIFIED P S . , CGED VETERAN Y CO 5 lItE ACTIVITY OF 71-4iS CONTRACT.„
'mown.OP WOMEN BUS;NESS ENTERPRiSE? DBE? e CONSTRUCTION?
;DBE,mtErwBEI OF HAAE 4 SMALL DISADVANTAGED
BUS/NESS S4 CERTIFICATION FROM THE SMALL BUSINESS MBE? CONSULTAT ON?
Y
A DMINSTRATIOrf? A SERVICE DISABLED VETERAN *EV 'I CP OTHER? CD
SOB BA? (3)
IS Tit S SUBM55 ON A REVISION? 'Y (3) F YES,RE',,--SION NUMBER N/A
B. If PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLt it THIS NEXT SECTION
DBE WArBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUBf5UPPLIER PERCENT OF CONTRACT
VETERAN NAME SPECIALTY ISae Below) DOLLAR AMOUNT DOLLARS
Not Applicable
70TALS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMMER DATE TITLE OF SUBMTTIER
GA.Food Services of Pinellas County,LLC November 18,2024 Chief Compliance Officer&General Counsel
EMAIL ADDRESS OF PRIME fsuarvirr-rft) TELEPHONE NUMBER FAX NUMBER
dsilvers@gafoods.com 727-828-8585 727-521-7997
NOTE:7hiz information is used to track and report antbcipated DBE or MBE participation in feberak.9.-funced contracts The anticipated DBE or
MBE amount is voiuntary and will not become part of the coMractua:iarms. This form rnust be submitted at tame of response to a
soItotation land w hen awarded a Count,'contract,the prime'will be asked to update the information'or the grant compliance
ETHNICITY coot, -
Watch American BA
I-spark American HA
Native American NA
Subscit.Asian American 54,4
Asian-Pacific American APA
Non-Minorm;Women NMW
Other.not of any other group listed 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT FIFP or PD,RECI GRANT PR OG RAM/CONTRACT
ACCEPTED BY: DATE
CAO
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
CL'Ja0R: °.kl'i G?d.'IT C.C.,VPli:a1 E Ft34r
3ID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSJONAL CONSULTANT SERVICES
r is the policyof Cafher County that dsad vontoged businesses and menarCy vendors,as defined in the Code of federal Regulations iCFEJ cr
nor'do Statutes i'FSt,must have the aaoa tune;,'to participate an contracts with fede vl ar,,3'orstate avant ossit[oncc.,
Prime tontractorrhrime Constetant Collier County Senior Meals Program
Address and Phone Number. 2671 Airport Road,Suite 202,Naples,FL 34112
Procurement Number/Advertisement Number: 24-8294
The list below a intended to be a listing of firms that are,or attempting to,participate on the project numbered above,The list must
include the firm bidding or quoting as prime,as:veil as subs and suppliers quoting for partiapation.Prime contractors end consultants must
provide information for Numbers 1,2,3,and 4,and,should provide er,p information they have for Numbers 5,5,7,and B.This form must
be submitted with the`bid package_
2.Federal Tax IDNumber: 59-1485677 O. DBE IL annual Gross Receipts
2.Firm Name: G.A.Food Services of Pinellas County,LLC Non-DBE wlLass than$1 million:
3.Phone Number.. 7.27,573-2211 Between$1-5 minors 4,Address 12200 32nd Court North Between$5-10 mitlicn
•
St.Petersburg.FL 33716 7. Subcontractor —~Between$10-1S miticol
Subcottsutant X More than$15 million
5.Year Firm Established: 1973 1.Federal Tax ID Number: .............._.......__,.-._._ 6:E DBE B..Annual Gross Receipts
2.Firm Name: Non-DBE Less than$1'million
•3.Phone Number. Between$1-5 millicn
—
Q.Address Between$5-10 million
—•7. Subcontractor, Between$10-15 million
8 Stlbconst&ant More than$15 million
5.Year Firm Established:
1. Federal Tax ID Number: 6.l 1 DBE B_Annual Gross Receipts
2. Firm Name: tu—f Non-DBE Less than$1 netton
3.Phone Number Between$1-5 million
4.Address Between$5-10 maim
7. Subcontractor Between$10-15 million
Subcortsultant `_More than$15 mtlion
5.Year Firm Established:
1. Federal Tax 10 Number. 6.3 DBE &Annual Gross Receipts
2.Firm Name: Non-DBE Mess than Si mtdon
3.Phone Number: Between5 1-5 wilier'
4,Address Between$5-10 million
Ei7. Subcontractor
Suboensultast r Between 51015 million
Moo*than S IS million
5,Year Firm Established:
FCP-14
CAO
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASUSRANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. The recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this agreement. For each subcontract, the Recipient shall provide a written
statement to the Department as to whether the subcontractor is a minority vendor as defined in Section
288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant
requirements identified in this solicitation document(s).
Vendor/Contractor Name G.A. Food Services of Pinellas County, LLC Date November 18. 2024
Authorized Signature
Address 12200 32nd Court North, St. Petersburg, FL 33716
Solicitation/Contract# 24-8294
FCP-15
CAO
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to §787.06(13), Florida Statutes, when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: G.A.Food Services of Pinellas County,LLC
Address: 12200 32nd Court N,St Petersburg, FL 33716
Phone Number: 800-852-2211
Authorized Representative's Name: Debra Silvers
Authorized Representative's Title: Chief Compliance Officer&General Counsel
Email Address: dsilvers@gafoods.com
AFFIDAVIT
Debra Silvers (Name of Authorized Representative), as authorized representative attest
that GA Food Services of Pinellas County LLC (Name of Nongovernmental Entity)does not use coercion for labor or
services as defined in§787.06, Florida Statutes.
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
1/13/25
(Signature of authorized representative) Date
STATE OF Florida
COUNTY OF Pinellas
Sworn to(or affirmed)and subscribed before me, by means of LI physical presence or❑online notarization this
13th day of January, 20 ad by Debra Silvers (Name of Affiant),who produced their ' -Es0,vi k v y )
as identification or are personally kgown to me. —J
Notary Pu lic (no ' ed when digital) p4):0)Notary Publi;lit:::te of Florida
Annetteryr� MNH57
t9/fp�6/a'i o S Exp.07/26/2025
Commission Expires
Personally Known Produced Identification Di
Type of Identification Produced:
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1