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REQUEST FOR PROPOSAL
TITLE V OF THE OLDER AMERICANS ACT
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
RFP Number 02-SCSEP 2015
COMMODITY CODES
93141802
Program Year 2015 - 2016 (July 1, 2015 - June 30, 2016)
State of Florida
Department of Elder Affairs
4040 Esplanade Way, Suite 225A
Tallahassee, FL 32399-7000 Date of Issue: January 13, 2015
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TABLE OF CONTENTS
Request for Proposals (RFP) Number 02-SCSEP 2015
TITLE
SUBJECT
SECTION A. Introduction p.4
1. Statement of Need and Statement of Purpose
SECTION B. RFP Specifications p.6
1. Programmatic Requirements
2. General Information
SECTION C. Contract Terms and Conditions p.15
1. Special Provisions
SECTION D. Instructions to Vendors p.15
1. Bidder’s Response
2. State of Florida Entity Information Form
a. Title Page and Table of Contents
b. Response to Introduction
c. Statement of Work/Response to RFP Specifications and
Description of Required Program Activities and Administration,
Line-Item Budget
d. Bidder’s Certification
II. Protests
SECTION E. Proposal Evaluation Criteria and RFP Rating Sheet p.25
1. Description of Evaluation Criteria
2. RFP Rating Sheet Information
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RFP INFORMATIONAL APPENDICES AND PROPOSAL FORMS
Note: Appendices with an asterisk are required components of the proposal, as identified
under Section D.
APPENDIX DOCUMENT OR FORM PAGE
Appendix I Title V State-Authorized Participant Positions by County and
PSA
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Appendix II USDOL/ETA Training and Employment Guidance Letter 11-13
(2014 Federal Poverty Guidelines)
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Appendix III* Line-Item Budget Form 29
Appendix IV Budget Guidelines 30
Appendix V* Acceptance of Contract Terms and Conditions Form 31
Appendix VI* Statement of No Involvement 32
Appendix VII* Certification Regarding Lobbying 33
Appendix VIII* Certification Regarding Debarment (if proposal funding request
exceeds $100,000)
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Appendix IX* Drug-Free Workplace 36
Appendix X Proposal Evaluation Criteria 37
Appendix XI Proposal Evaluation Rating Form 38
Attachment I Respondents Mandatory Qualification Questions 53
Attachment II Entity Information Form 54
Attachment III Sample Contract 55
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SECTION A. – INTRODUCTION and OVERVIEW
1. Background
Florida Department of Elder Affairs (DOEA) announces the anticipated availability of grant funds
and opens the competitive bid process for prospective Vendors representing public or private, non-
profit organizations for the purpose of operating the Senior Community Service Employment
Program (SCSEP). SCSEP’s mission is to provide job training to Florida residents who are age 55
and older, have limited financial resources, are unemployed, and have low prospects for
employment. The ultimate goal of SCSEP is to enhance their skills, transition them into
unsubsidized employment, foster individual economic self-sufficiency and provide valuable
community service.
The SCSEP is funded under Title V of the Older Americans Act (OAA) Amendments of 2006,
Public Law 109-365. As authorized by the Governor, the Department of Elder Affairs is the
recipient agency of the state’s share of Florida’s annual Title V allotment through its grantor
agency, the U.S. Department of Labor, Employment and Training Administration.
2. Purpose
The purpose of this competitive Request for Proposals (RFP) is to solicit program year 2015 (July 1,
2015 - June 30, 2016) services for participants within 10 of Florida’s eleven Planning and Service
Areas (PSAs) and counties where state SCSEP Authorized Participant Positions are located. (See
Appendix I)
Respondents may elect to serve all or a portion of the SCSEP Authorized Participant Positions
within a Planning and Services Areas (PSA) if the DOEA deems it to be in the best interest of the
state. The DOEA is solely responsible for making this determination. A separate proposal and
budget must be submitted for each area where services are planned. The DOEA has the option to
group multiple service areas together or to develop separate contracts for each area.
In accordance with section 502 of the 2006 Older American Act Amendments, the SCSEP is
designed to foster individual economic self-sufficiency and promote useful opportunities in community service activities which shall include community service employment for unemployed low-income persons who are age 55 or older, particularly persons who have poor employment prospects, and to increase the number of persons who may enjoy the benefits of unsubsidized employment in both the public and private sectors.
3. Definitions
a) Authorized Participant Position – An enrollment opportunity for eligible individuals to
receive SCSEP services.
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b) Community Service Assignment – Non-profit or governmental organization where participants are placed to receive job training assistance.
c) Confidential Information - Any portion of a Respondent’s documents, data, or records disclosed relating to its proposal that is clearly marked “Confidential” that the Respondent claims is confidential and not subject to disclosure pursuant to chapter 119, Florida statutes, the Florida Constitution, or any other authority.
d) Contract - The agreement that results from this competitive procurement, if any, between the Department and the vendor identified as providing the most advantageous Proposal to the State. (This definition replaces the definition in the PUR 1000, which will be incorporated into any resultant contract.)
e) Contractor(s) - The Respondent(s) that will be awarded a Contract pursuant to this solicitation.
f) Department – Florida Department of Elder Affairs.
g) Participants – Senior clients who are eligible for services under the Senior Community
Service Employment Program
h) Proposal – the formal response to an RFP.
i) Respondent - A vendor who submits a Proposal to this RFP.
j) State - The State of Florida.
k) Vendor(s) - An entity that is capable and in the business of providing a commodity or contractual service similar to those within the solicitation.
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SECTION B. - RFP SPECIFICATIONS:
MINIMUM REQUIREMENTS
1. PROGRAMMATIC REQUIREMENTS
a. Services to be Provided
DOEA is interested in contracting with non-profit or tribal organizations to carry out the SCSEP. The organizations should be familiar with the areas and populations to be served and must be able
to administer a successful, cost-effective program in each proposed PSA.
It is anticipated that approximately ten contracts will be awarded based on the number of
Authorized Participant Positions, as determined by the U.S. Department of Labor, in each PSA.
Applicants must bid on all funds available in a PSA and each county within a PSA must be served,
unless there are no state Authorized Participant Positions located in a county as identified in
Appendix I.
Vendors are required to adhere to 20 C.F.R. Part 641, Senior Community Service Employment
Program during the grant period. The required services are detailed below.
The successful vendor(s) will be responsible for: (1) Providing orientation to SCSEP participants, including information on project goals and objectives, community service assignments, training opportunities, available supportive services, the availability of a free physical examination, participant rights and responsibilities, and permitted and prohibited political activities; (2) Assessing participants’ work history, skills and interests, talents, physical capabilities, aptitudes, needs for supportive services, occupational preferences, training needs, potential for performing community service assignments, and potential for transition to unsubsidized employment; performing an initial assessment upon program entry, unless an assessment has already been performed under title I of WIA as provided in 20 C.F.R. § 641.230. Subsequent assessments may be made as necessary, but must be made no less frequently than two times during a twelve month period (including the initial assessment); (3) Using the information gathered during the initial assessment to develop an Individual Employment Plan (IEP) that includes an appropriate employment goal for each participant, except that if an assessment has already been performed and an IEP developed under title I of WIA. The IEP will be updated as necessary to reflect information gathered during subsequent participant assessments. (4) Placing participants in appropriate community service assignments in the community in which they reside, or in a nearby community. (5) Providing or arranging for training identified in participants’ IEPs and consistent with the SCSEP’s goal of unsubsidized employment.
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(6) Assisting participants in obtaining needed supportive services identified in their IEPs. (7) Providing appropriate services for participants, or referring participants to appropriate services, through the One- Stop delivery system established under WIA. (8) Providing counseling on participants’ progress in meeting the goals and objectives identified in their IEPs, and in meeting their supportive service needs. (9) Providing participants with wages and benefits for time spent in orientation and the community service job training assignment. (10) Ensuring that participants have safe and healthy working conditions at their community service employment worksites. (11) Assisting participants in obtaining unsubsidized employment, including providing or arranging for employment counseling in support of their IEPs; (12) Informing participants at the time of enrollment, of the individual time limit or maximum enrollment duration, which indicates eligible individuals may participate in the program for a maximum duration of 48 months in the aggregate (whether or not consecutive), from the date of the individual’s initial enrollment in the program. (13) Provide for a system to transition participants to unsubsidized employment or other assistance before the maximum enrollment duration has expired.
b. Participant Eligibility Requirements and Enrollment Priorities
Vendors will be responsible for determining participant eligibility for the SCSEP, and for
prioritizing eligible participants for program enrollment. Information pertaining to enrollment
eligibility can be found at 20 C.F.R. § 641.500, and information concerning enrollment priorities at
20 C.F.R. § 641.520. See Appendix II, SCSEP PY 2014 Poverty Income Guidelines that are current
at the time of issuance of this RFP.
c. Other Special Requirements
Newly selected vendors must be ready to assume responsibility of current program participants on
July 1, 2015. These participants must receive contract services where they reside. If they are
already assigned to a community service position, the new organization must work with the current
organization to allow the participants to continue in their community service assignment until a new
assignment is developed, they enter unsubsidized employment or they terminate from the program.
For private non-profit entities, official documentation (e.g., articles of incorporation,
occupational licenses, etc.) documenting the entity’s right to operate in the proposed location
or locations must be on file with DOEA prior to execution of a contract. Governmental
entities are exempt from this requirement.
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Each prospective vendor must provide DOEA with any and all required documentation, revisions,
changes, or additions to the vendor’s proposal within 15 business days following notice of the
anticipated contract award. In the event the prospective vendor does not meet this deadline, DOEA
reserves the right to terminate the anticipated award.
2. GENERAL INFORMATION
a. Contact Person
This RFP is issued by the State of Florida, Department of Elder Affairs. The DOEA contact person
solely responsible for this solicitation, including answering any inquiries concerning the RFP is:
Pamela Washington
Florida Department of Elder Affairs
4040 Esplanade Way, Suite 225A
Tallahassee, FL 32399-7000
(850) 414-2003 – Fax
Electronic inquiries should be submitted to: [email protected]
Pursuant to s. 287.057(23), F.S., respondents to this solicitation or persons acting on their
behalf may not contact, between the release of the solicitation and the end of the 72-hour
period following the agency posting the notice of intended award, excluding Saturdays,
Sundays, and state holidays, any employee or officer of the executive or legislative branch
concerning any aspect of this solicitation, except in writing to the procurement officer or as
provided in the solicitation documents. Violation of this provision may be grounds for
rejecting a response.
b. Funding Source
This project is funded 90 percent by the federal government through a grant that totals
approximately $5,094,417.00. Federal funding determines the number of Authorized Participant
Positions for the State, and those positions are allocated to Florida’s counties based upon a USDOL
demographic based funding formula.
The estimated unit cost for each state Authorized Participant Position, based on the program year
2014 allotment and 12 months of operation will be $10, 306.67. Pursuant to the OLDER
AMERICANS ACT AMENDMENTS OF 2006, PL 109–365, October 17, 2006, 120 Stat 2522,
matching funds of 10 percent of the unit cost must be provided by the chosen vendors. The
matching funds may be in cash or in-kind, but cannot be other federal funds and they must be used
for SCSEP purposes. Awards will be equal to 90 percent of the unit cost ($9, 276.00) multiplied by
the number of positions listed for each PSA as identified in APPENDIX I. Vendors must be
financially capable of initiating and maintaining service for at least the first two months of the
contract period.
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The amounts granted to each recipient by the DOEA may be based on historical funding formulas,
geographical areas served, demographic data, the number of Vendors responding to the bid request,
or a combination of the preceding methods or any other reasonable methods as determined by the
DOEA.
c. Type of Contract
Any contracts resulting from this RFP will be advance and cost reimbursement, and will operate
through June 30, 2016. The DOEA reserves the right to renew the contract each year through June
30, 2017, if the applicant has achieved established performance measures or a reasonable portion
thereof and has not encountered financial concerns that resulted in excessive disallowed costs,
budget overruns and/or a budget surplus.
d. Costs
ALLOWABLE costs and appropriate cost principles must be both reasonable and necessary and
shall be compliant with OMB Circulars A-87, A-133, and A-122, 3A-40.103, Florida
Administrative Code, and the Division of Financial Services Reference Guide for State
Expenditures. Cost principles customarily employed by the DOEA are discussed in the DOEA’s
contract Management and Procurement Handbook.
The following is a partial list of UNALLOWABLE costs:
Congratulatory/Condolence Telegrams, Flowers, department store gift cards and visa and master
card gift cards
Entertainment (tickets to sporting events, shows, etc.)
Refreshments, such as coffee and doughnuts, snack foods, etc.
Coffee pots, coffee mugs, microwave ovens, portable fans or heaters, etc.
Decorative items (globes, statues, clocks for private offices, potted plants, picture frames, etc.)
Greeting cards, Alcoholic Beverages, Bad Debt, Fines and Penalties
e. Method of Cost Presentation
Advance Payment and Cost Reimbursement: Allowable expenditures to provide services
identified are based on a pre-determined line-item budget reflected in the contract and on the Receipts
and Expenditure Report, which includes: administrative costs, salaries, supplies, etc. For cost
reimbursement contracts, back-up documentation is required to support each line-item amount
requested, and must be submitted to the DOEA with the payment request or retained at the recipient
level, whichever is designed in the contract. The method of cost presentation for this RFP is
advance/cost reimbursement. Vendors may request an advance payment, and if approved by DOEA,
the advance shall be recouped by subtracting one/twelfth of the advance payment received from each
request for payment, starting with report number three.
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f. Method of Payment
The method of payment for any resulting contract from this RFP is advance payment and cost
reimbursement. Any vendor chosen through this RFP process must submit all requests for payment
and expenditure reports by the 15th of each month using DOEA forms 105V and 106V. The invoice
must classify costs into three categories: Administrative, Participant Wages and Fringe Benefits,
and Other Participant Costs.
The SCSEP has legislated limitations on the expenditure of Title V funds. The administrative cost
limitation for this RFP is 9.0 percent and a minimum of 75 percent of the total state grant must be
allocated to wages and fringe benefits. Costs that are to be used for participant training counseling,
job development and similar activities are considered other program costs and are that part of the
grant award that is not used for administrative costs or participant wages and fringe benefits. Refer
to Older Worker Bulletin 01-10, Program Year 2001 Implementation of OAA Amendments
(Administrative Costs), 20 C.F.R. § 641.856 administrative costs, § 641.853 Classification of costs,
and § 641.867, Limitations on SCSEP administrative costs.
g. Proposal Deadlines
ACTIVITIES DATE TIME
RFP advertised, and published on the Vendor Bid System
@: http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu
(Click on search advertisements. Under agency, click on drop
down screen and go to Department of Elder Affairs. Click on
initiate search.)
January 13, 2015 Prior to 5:00
p.m., EST
All written inquires must be received by: February 2, 2015 4:00 p.m., EST
Anticipated date for posting of responses to inquires: February 9, 2015 4:00 p.m., EST
Sealed proposals must be received by the DOEA at the
address below, on or before this date and time:
Department of Elder Affairs
Bureau of Contract Administration & Purchasing
4040 Esplanade Way, Suite 225A
Tallahassee, Florida 32399-7000
Proposals not received by the specified date and time will be
rejected and returned unopened to the bidder by the
department.
February 17, 2015 2:00 p.m., EST
Proposal opening date and time (only vendor name/location
will be read):
February 17, 2015 2:00 p.m., EST
Anticipated completion date for evaluation of proposals: March 3, 2015 4:00 p.m., EST
Intent to Award posting date on the Vendor Bid System @:
http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu
March 10, 2015 2:00 p.m., EST
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Anticipated effective date of contract: July 1, 2015
Anticipated contract ending date: June 30, 2016
Listed above are important dates/times by which actions must be taken or completed. All times are
listed in Eastern Time, or local time in Tallahassee, FL. If the DOEA finds it necessary to update
any of the dates/times noted, it will be accomplished by an Amendment to the RFP. It is the
responsibility of Respondent to monitor the VBS for any changes to the timeline.
h. Inquiries
Inquiries concerning the RFP must be addressed to the Issuing Officer in writing only. Inquiries via
FAX and EMAIL are acceptable. Telephone calls will not be accepted. Any inquiries must be
submitted no later than the date specified in the Calendar of Events. All written responses to
questions will be prepared and posted on the Vendor Bid System ("VBS") at
http://myflorida.com/apps/vbs/vbs_www.main_menu, as an addendum on or about the date
specified in the Calendar of Events. No individual responses will be provided. It is the vendor’s
responsibility to monitor the VBS for any changes to the timeline or other amendments to this
document.
i. Acceptance of Proposals
All proposals must be received by DOEA no later than 2:00 p.m. EST, February 17, 2015:
Pamela Washington
Florida Department of Elder Affairs
4040 Esplanade Way, Suite 225A
Tallahassee, FL 32399-7000
(850) 414-2003 – Fax
No changes, modifications or additions to the proposals will be accepted by DOEA after the
deadline for submitting proposals has passed. Proposals not received at either the specified place or
by the specified date and time, or both, will be rejected and will not be opened by DOEA. The
DOEA reserves the right to reject any or all proposals or waive minor irregularities when to do so
would be in the best interest of the State of Florida. Minor irregularities are those that will not have
a significant adverse effect on overall competition, cost or performance.
j. Number of copies required
Four (4) hard copies of the proposal, and one electronic copy on CD, must be submitted. At least
one copy submitted to the DOEA must contain an original signature in blue ink of an official of the
agency who is authorized to bind the provider into an agreement with the DOEA. If appropriate,
vendor shall also submit a redacted copy pursuant to section d.
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k. How to Submit a Proposal
Proposals must be presented with the same topic headings and in the same order as set forth in
Section D of this RFP - Instructions to Vendors. All proposals must be typed on 8 ½” x 11" paper,
with all pages numbered consecutively. Clips or fasteners are recommended for binding the
proposal. Each proposal and mailing envelope must be clearly marked “Proposal “Number 02-
SCSEP-2015" and addressed to the office indicated in Section B.2.i. Proposals must not be
submitted in opened boxes, tote bags or other unsecured devices.
l. Notice of Contract Award THE NOTICE OF INTENT TO AWARD will be posted on or about February 23, 2015 on the
Vendor Bid System (“VBS”) at: http://myflorida.com/apps/vbs/vbs_www.main_menu
The Notice will be posted for a 72-hour period following evaluation of bid responses. It is the
vendor’s responsibility to monitor the VBS for any changes to the timeline.
DOEA reserves the right to:
Withdraw this RFP solicitation without prior notice. The release of this RFP does not
constitute an offer or a commitment from DOEA to enter into a financial contract with any
Vendors.
Solely at its discretion, to make no award or to waive minor irregularities when to do so is in
the best interest of the State.
Negotiate the final terms of all contracts with successful Vendors. Items that may be
negotiated include, but are not limited to, costs, performance, and reporting requirements.
Negotiate an increase of contracted services at any time during the contract period.
Negotiate the final terms of all contracts or require amendments at any time during the
contract period, necessitated by changes in law or implementing federal regulations resulting
from Congressional reauthorization of the Older Americans Act.
m. Cost of Preparation of a Proposal
The DOEA is not liable for any costs incurred by an applicant in responding to this Request for
Proposal.
n. Confidential, Proprietary, Copyrighted, or Trade Secret Material: The DOEA takes its
public records responsibilities as provided under Chapter 119, Florida Statutes and Article I, Section
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24 of the Florida Constitution, very seriously. If Respondent considers any portion of the
documents, data or records submitted in reply to this solicitation to be confidential, trade secret or
otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida
Constitution or other authority, Respondent must also simultaneously provide the DOEA with a
separate redacted copy of its reply and briefly describe in writing the grounds for claiming
exemption from the public records law, including the specific statutory citation for such
exemption. This redacted copy shall contain the DOEA’s solicitation name, number, and the name
of the Respondent on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy
shall be provided to the DOEA at the same time Respondent submits its reply to the solicitation and
must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or
trade secret. The Respondent shall be responsible for defending its determination that the redacted
portions of its reply are confidential, trade secret or otherwise not subject to disclosure. Further,
Respondent shall protect, defend, and indemnify the DOEA for any and all claims arising from or
relating to Respondent’s determination that the redacted portions of its reply are confidential,
proprietary, trade secret or otherwise not subject to disclosure. If Respondent fails to submit a
Redacted Copy with its reply, the DOEA is authorized to produce the entire documents, data or
records submitted by Respondent in answer to a public records request for these records.
Copyrighted material will be accepted as part of the reply or a negotiation session only if
accompanied by a waiver that will allow the DOEA to make paper and electronic copies necessary
for the use of DOEA staff, agents and public record requests. It is noted that copyrighted material is
not exempt from the Public Records Law, Chapter 119, Florida Statutes.
o. Reports
The chosen vendors will be required to submit the following reports to the designated SCSEP
contract manager and/or ensure that accurate data is entered into the SCSEP Performance and
Reports Quarterly Progress Reports (SPARQ) system so that the reports can be retrieved:
Reports Mode of Submission Due Date Monthly Performance Electronically 10th of each Month
Monthly Invoice and Expenditure
Report
Mail-in 15th of each Month
Survey Tracking Report Electronically Every Tuesday
Quarterly Progress Reports SPARQ 15th of each month following
the end of quarter
p. Other Required Information
Any actual or prospective bidder who desires to file a formal protest to this RFP as outlined in item
8 of the General Conditions section on the PUR 7033 form, must accompany that protest with a
bond payable to the DOEA in the amount of $5,000 or one percent of the DOEA’s estimate of the
total volume of the proposed contract, whichever is less. A bidder may submit, in lieu of a bond, a
cashier’s check or money order in the amount of the bond.
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q. Vendor Registration Each vendor doing business with the State for the sale of commodities or contractual services as
defined in Section 287.012, Florida Statute, shall register in the MyFloridaMarketPlace system,
unless exempted under subsection 60A-1.030(3), Florida Administrative Code. Information about
the registration is available and registration may be completed at the MyFloridaMarketPlace website
(link under Business on the state portal at www.myflorida.com http://www.myflorida.com). Those
lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at
866-352-3776 or from State Purchasing, Department of Management Services, 4050 Esplanade
Drive, Suite 300, Tallahassee, Florida 32399.
r. E-Verify To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number
11-116, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to
verify the employment of all new employees hired by Contractor during the contract term. Contractor
shall include in related subcontracts a requirement that subcontractors performing work or providing
services pursuant to the state contract utilize the E-verify system to verify employment of all new
employees hired by the subcontractor during the contract term. Contractors meeting the terms and
conditions of the E-Verify System are deemed to be in compliance with this provision.
s. Invoicing Pursuant to Chapter 287.058, F.S., all invoices must be submitted in detail sufficient for a proper
pre-audit and post-audit thereof.
The review time determining the acceptance of deliverables will be in accordance with DOEA
standards. Invoices will be processed only after the DOEA determines acceptance of the
deliverable, and the contract manager signs the invoice. Disputed invoices will be returned to the
successful respondent for correction.
t. Travel All travel expenses, if any, shall be in accordance with the rates and conditions of section 112.061,
Florida Statutes, including the provisions of section 112.061 (7)(d)(1)(a), F.S., which provides that
mileage reimbursements shall not exceed the state authorized per mile reimbursement rate and
requires documentation of the travel date, destination, and purpose as well as the actual mileage
traveled and the allowable reimbursement rate, which is currently .445 per mile. No travel expenses
will be paid by the state without the prior expressed written consent of the DOEA. In addition,
travelers must use the most cost effective method of travel.
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SECTION C. – CONTRACT TERMS AND CONDITIONS
1. SPECIAL PROVISIONS
Any special provisions required in this RFP will be stated in Attachment I of the model contract
affixed to this RFP.
Contracts may be renewed a maximum of two times for additional one-year periods. The
option to renew is at the discretion of DOEA and subject to the availability of funds. Any renewal
shall be contingent upon satisfactory program performance as determined by DOEA. Renewals
shall be confirmed in writing, and shall be subject to the same terms and conditions set forth in the
original contract, except when changes are necessary to comply with federal or state requirements.
The successful bidder can neither assign the responsibility of this program to another party nor
subcontract any of the work contemplated under this contract without prior written approval of the
DOEA.
**SECTION D. - INSTRUCTIONS TO VENDORS **
1. VENDORS RESPONSE
Proposals must adhere to the following format; with items listed in the same sequence as identified
below (see also Section B.2.k.). Failure to provide the requested information may result in
applicants not being considered for funding.
2. STATE OF FLORIDA ENTITY INFORMATION FORM
The Entity Information Form is provided as a separate document to the RFP. This form must be
signed (original signature) and returned with the proposal.
In addition, each vendor must submit a proposal with a title page and include the following:
a. TITLE PAGE AND TABLE OF CONTENTS
Each copy of the proposal must include a Title Page, which contains:
1. RFP number
2. Title of proposal
3. Bidder’s name
4. Department Identity (Department of Elder Affairs)
5. Name, title, phone number and address of person who can respond to inquiries regarding the
proposal, and
6. Name of project director (if known)
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Each copy of the proposal must include a Table of Contents, which must list major sections of the
proposal and include page numbers.
b. RESPONSE TO INTRODUCTION
Describe the SCSEP and your ability to administer the program by listing staff that will be serving
the proposed area and their qualifications/experience and the agency’s administrative capabilities.
Describe how you will achieve the dual goals of the program, which are to promote useful opportunities in community service activities and to move SCSEP participants into unsubsidized employment, where appropriate so that they can achieve economic self-sufficiency.
c. STATEMENT OF WORK, RESPONSE TO RFP SPECIFICATIONS AND
DESCRIPTION OF REQUIRED PROGRAM ACTIVITIES
The proposal shall include:
1. The geographic area(s) to be served, the planning and service area(s), counties, and the number
of Authorized Participant Positions.
2. A description of the target group to be served.
3. A chart that lists the physical location, including the phone number of each proposed project
office and all staff, including participant staff that will be working in the office. If free office space
has been secured to administer the program, official documentation must be included showing that
the office space is in the PSA where services will be provided.
**Required Program Activities**
Describe in detail each activity and service listed below that will be performed and the staff
position(s) assigned to provide each service or activity. Adequate descriptions must be
provided for the reviewer to determine how the project will be implemented:
(1). Recruitment and Selection of Participants – Outline a specific plan for recruitment and
selection of participants that assures the maximum number of eligible individuals has an
opportunity to participate in the program. Describe how the State’s Workforce Development system,
through CareerSource Florida, will be used as one method in the recruitment and selection of
eligible individuals. This plan should include recruiting activities that will be used, including how
eligible individuals will be recruited, where they will be recruited, how often recruiting activities
will occur, local media outlets that will be used, where outreach materials will be maintained and
the role of mandated partners that will be involved in these efforts. Provide documentation to
support a working relationship with One-Stop Centers and a list of successful outreach and
recruitment activities that have been conducted.
(2). Eligibility, Recertification and Job Ready: Describe who is eligible to participate in the
SCSEP, outline step-by-step procedures that will be used to determine and document each
participants’ initial eligibility and continued eligibility, including who will be responsible for this
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task. Provide information regarding any pre-eligibility screenings that will be used and indicate how
and what documents will be collected for eligibility purposes. Describe methods that will be used
to ensure accurate and complete eligibility, how eligibility documents will be maintained, and how
staff will be trained to accurately perform eligibility determinations.
Describe how recertification of income will start immediately after the annual poverty guidelines
are published and procedures that will be implemented to ensure that they are completed by May of
each year.
Identify methods that will be used to avoid enrolling job-ready individuals and identify the
characteristics of a job ready applicant.
(3). Priority Groups: Describe specific procedures that will be used to ensure priority of service
will be afforded to individuals, and the order in which the priorities will be applied as described in
20 C.F.R. § 641.520.
In selecting eligible individuals for participation in the SCSEP, priority must be given to individuals
in the following order:
(1) Persons who qualify as a veteran or qualified spouse under the Jobs for Veterans Act, 38
U.S.C. 4215(a), and who possess at least one of the other priority characteristics;
(2) Persons who qualify as a veteran or qualified spouse under the Jobs for Veterans Act, 38
U.S.C. 4215(a), who do not possess any other of the priority characteristics;
(3) Persons who do not qualify as a veteran or qualified spouse under 2(a) of the Jobs for
Veterans Act (nonveterans), and who possess at least one of the following other priority
characteristics:
Are 65 years of age or older;
Have a disability;
Have limited English proficiency or low literacy skills;
Reside in a rural area;
Have low employment prospects;
Have failed to find employment after using services provided through the One-Stop
delivery system; or
Are homeless or are at risk for homelessness.
(4). Orientation: Describe separately the participant and host agency orientation process, including
when and how orientation will be provided, the person responsible for providing it, the mandatory
elements that will be addressed, including information on project goals and objectives, community
service assignments, training opportunities, available supportive services, the availability of a free
physical examination, participant rights and responsibilities, and permitted and prohibited political
activities; the projected amount of time that will be devoted to orientation, and measures that will be
taken to ensure complete understanding of the program requirements.
18
(5). Assessment: Provide a detailed description of the assessment process and required procedures.
The respondent describes how each participant’s work history, skills and interests, talents, physical
capabilities, aptitudes, needs for supportive services, occupational preferences, training needs,
potential for performing community service assignments, and potential for transition to
unsubsidized employment will be assessed and how they will ensure that subsequent assessments
may be made as necessary, but must be made no less frequently than two times during a twelve
month period. A copy of the assessment instrument must be included with the proposal.
(6). Individual Employment Plan: Describe how information gathered during the initial
assessment will be used to develop an IEP that includes an appropriate employment goal for each
participant, how the IEP will be updated as necessary to reflect information gathered during the
subsequent participant assessments. The respondent describes how the initial IEP should include an
appropriate employment goal for each participant and that if it is determined that the participant is
not likely to obtain unsubsidized employment, the IEP must reflect other approaches to help the
participant achieve self-sufficiency, including the transition to other services or programs. A copy
of the IEP must be included with the proposal.
(7). Community Service Assignments: Describe how appropriate community service assignments
will be developed and the types of organizations that will be used. Describe criteria for selecting
appropriate community service assignments, the process for ensuring that community service
activities provide training that prepares participants for unsubsidized employment, how participants
will be matched with appropriate assignments, the number of participants placed in community
service assignments involving the administration of the project, their working title and name, a list
of host agencies that may be used and the types of training assignments available, the average
number of hours participants will work and the hourly wage they will be paid, the hourly wage paid
to participants assigned to project administration, procedures for ensuring that participants are given
adequate supervision during their community service employment assignment by host agency staff
corrective actions that will be taken if training is not being provided, and procedures for ensuring
that participants work in safe and healthy conditions, including a copy of documents used to assess
work environments and the staff person(s) that will be responsible for completing this task.
Describe how SCSEP staff will inform host agency supervisors about each participant’s training
plan and their specific learning objectives and how staff will monitor participants’ progress.
(8). Training: Describe how training will be arranged for participants when it is identified in their
IEP and is consistent with the SCSEP’s goal of unsubsidized employment. Identify potential free or
low-cost resources that may be used. The respondent describes how a minimum of 2% of the
budget will be used to pay for computer training for participants who request such instruction or
they included a current bona fide letter which demonstrates that the training will be provided at no
charge to the SCSEP in the proposed PSA.
(9). Wages and Benefits: Describe procedures for providing participants with wages and benefits
for time spent in the community service assignment, orientation, and training. Address how
participants will be paid the highest applicable required wage for time spent in orientation, training,
and community service assignments and while receiving WIA intensive services. Explain how the
organization will ensure that participants receive such benefits as are required by law and how
benefits will be provided uniformly to all participants. Describe how participants will be offered
the opportunity to receive physical examinations annually and indicate an understanding that
19
participants may choose not to accept the physical examination and how the refusal must be
documented through a signed statement, within 60 workdays after commencement of the
community service assignment. Describe how participants will be offered a free physical each year
thereafter, and how the offer and any participant’s refusal will be documented. The respondent must
submit a copy of their fringe benefits policy.
(10). Supportive Services/Counseling: Describe how assistance will be provided to participants to
assist them in obtaining needed supportive services identified in their IEPs, how appropriate
services will be arranged for participants, or how they will be referred to appropriate services and
how they will provide periodic counseling to participants regarding their progress in meeting the
goals and objectives identified in their IEPs. Provide a list of supportive services that may be
offered to help participants obtain and retain unsubsidized employment, how the services will be
paid for and organizations that may provide these services at little or no cost.
(11). Safe and Healthy Working Conditions: Describe in detail the process for ensuring that each
host site is safe and healthy prior to developing an agreement and before participants begin their
assignment. A copy of the host site safety check list must be included with the proposal.
(12). Employment Assistance: Describe the process that will be used to ensure that participants
are receiving services and taking actions designed to help them achieve unsubsidized employment
and how job development activities will be documented.
(13). Job Development: Describe how private and public employers will be contacted directly or
through the State’s Workforce Development system to develop or identify suitable unsubsidized
employment opportunities and how host agencies will be encouraged to assist participants in their
transition to unsubsidized employment, including unsubsidized employment with the host agency.
Identify staff that will be responsible for this task and how senior management will verify
compliance with this requirement.
(14.) Maximum Duration and Terminations: Describe how procedures will be instituted to
ensure that eligible individuals do not participate in the program in excess of a maximum duration
of 48 months in the aggregate (whether or not consecutive). Describe steps that will be taken to
transition participants to unsubsidized employment or other assistance before the maximum
duration time period has expired, including how this information will be documented on the
DOEA’s Transitional Individual Employment Plan (IEP). Describe how the Transitional IEP will
be used as a living document to demonstrate that an effective level of critical services has been
provided to the participant.
Describe how participants will be informed about the DOEA’s mandatory termination policy, which
clarifies provisions cited in 20 C.F.R. § 641.580 as it relates to circumstances for which
participants may be terminated. Describe procedures that will be adopted to ensure that all staff
understands that the DOEA’s SCSEP termination policy must be used and strictly adhered to during
the term of the grant.
(15). Maintenance of Effort and Services to Minorities: Describe specific actions that must be
taken by each staff member prior to the signing of a host agency agreement to ensure compliance
with the maintenance of effort requirements and provide specific procedures that will be
implemented to ensure that community service placements do not reduce the number of
20
employment opportunities or vacancies that would otherwise be available to individuals not
participating in the program; how you will ensure that participants do not displace currently
employed workers (including partial displacement, such as a reduction in the hours of non-overtime
work, wages, or employment benefits); how you will ensure the project will not impair existing
contracts or result in the substitution of Federal funds for other funds in connection with work that
would otherwise be performed; and how you will ensure that host agencies will not employ or
continue to employ any eligible individual to perform the same work or substantially the same work
as that performed by any other individual who is on layoff. The respondent explains how they will
work with host agency supervisors to ensure their understanding and compliance with maintenance
of effort requirements.
Describe efforts that will be made to increase services to minority individuals in the proposed
service areas, including specific actions that will be taken to actively recruit eligible minorities
when quarterly reports or other SCSEP data indicates a low enrollment level. Identify specific
minority groups that will be targeted and creative steps that will be taken to maximize enrollments.
(16). Data Collection and Reporting, Performance Measures: Describe how complete, accurate,
and timely data collection and reporting will be ensured and specifically, indicate: how any needed
hardware or Internet connectivity will be obtained; how and where data entry will be accomplished;
how those capturing and recording data will be familiar with the latest instructions for data
collection, including DOEA guidance, such as Older Worker Bulletins, TEGLs, the Data Collection
Handbook, and Internet postings; how data will be submitted timely; an understanding that the
SCSEP Performance and Results QPR System (SPARQ) must be used to enter complete timely and
updated data regarding participants that receive SCSEP services and all other mandated
information.
Provide a detailed description regarding how the following six core indicators that apply to the
SCSEP as established by the U.S. Department of Labor will be achieved: service level, community
service, services to most-in-need, entered employment rate, employment retention and average
earnings. Also describe how the two additional indicators will be achieved: retention in
unsubsidized employment for one year; and satisfaction of the participants, employers, and their
host agencies with their experiences and the services provided.
All successful vendors will be required to achieve these goals or new goals that may become
effective during the contract period. Subject to change after final goals are released and/or
negotiated.
21
SCSEP Performance Measures
Performance
Measure
Service Level The number of participants who are active on the last day of the reporting period or
who exited during the reporting period divided by the number of modified community
service Authorized Participant Positions.
152.4%
Community Service
The number of hours of community service in the reporting period divided by
the number of hours of community service funded by the grant minus the
number of paid training hours in the reporting period.
75.7%
Services to Most-in-Need Average number of barriers per participant. The total number of the following
characteristics: severe disability, frail; age 75 or older; old enough for but not receiving
SS Title II, severely limited employment prospects and living in an area of persistent
unemployment, limited English proficiency, low literacy skills, disability, rural,
veterans, low employment prospects, failed to find employment after using WIA Title I,
and homeless or at risk of homelessness divided by the number of participants who are
active on the last day of the reporting or who exited during the reporting period.
2.55
Common Measures
Performance
Measure
Common Measures Entered Employment Rate Of those not employed at the time of participation, the number of participants employed
in the first quarter after the exit quarter divided by the number of participants who exit
during the quarter.
36.6%
Common Measures Employment Retention Of those participants who are employed in the first quarter after the exit quarter, the
number employed in both the second and third quarters after the exit quarter divided by
the number of participants who exit during the quarter.
76%
Common Measures Average Earnings Of those participants who are employed in the first, second, and third quarters after the
quarter of program exit, total earnings in the second and third quarters after the exit
quarter, divided by the number of exiters during the period.
$6879
DOEA will develop liquidated damages associated with failure to meet the above
performance measures which will be a part of any awarded contract
(17). Description of Organizational Capability and Programmatic and Financial
Monitoring/Management:
Provide an organizational chart that lists all paid staff and participant support that will have a
percentage of their time charged to the program. Include a narrative description of all paid and
unpaid staff primary responsibilities. Identify the primary staff contact person in the PSA and document
their relevant experience in effectively managing a SCSEP or similar project, provide the resume of each
staff person associated with the proposed grant, which contains educational and employment history
necessary to effectively administer the local project. Describe the primary local staff person’s proven
experience in successfully operating a SCSEP or similar project. Describe how grant requirements will
22
be communicated to program staff members and how systems will be evaluated to ensure timely
and accurate implementation.
Provide information regarding how often host agencies will be visited for purposes of monitoring
the training provided to participants. Include a copy of the internal programmatic monitoring tool
used to evaluate program services. The tool must clearly outline monitoring processes that were
used and the methods for prescribing corrective actions. A copy of internal monitoring reports
completed during PY 2013 must be provided which identifies the areas reviewed, the person who
conducted the review(s), the period of review(s), the outcomes and any corrective measures
implemented.
Describe procedures that will be used to conduct financial monitoring of project activities. Identify
the person(s) responsible for monitoring program expenditures. Provide a copy of the financial
monitoring tool, which clearly outlines monitoring processes that will be utilized, the frequency of
monitoring of expenditures and methods for prescribing corrective actions and follow-up
procedures. Provide a copy of internal financial reviews conducted during PY 2013.
A current SCSEP provider, may submit a recent letter from DOEA, which indicates all program
deficiencies brought to the respondent’s attention in writing as a result of monitoring and quality
assurance reviews, assessments, or other program evaluation activities have been satisfactorily
resolved. Organizations that do not have a current contract with the DOEA must submit
documentation from their current funding entity to demonstrate this requirement.
(18). Collaboration /Leveraged Resources: Describe collaboration activities with other entities
serving the same area to maximize opportunities for SCSEP participants to obtain intensive and
training services, and to move into unsubsidized employment. This includes coordination with the
public workforce system, area agencies on aging, other SCSEP providers and other key partners in
the community. Describe how Memorandums of Understanding (MOUs) will be established, the
timeline for having agreements with all proposed service areas and provide a chart with all current
MOUs and proposed MOUs.
Describe any strategies for leveraging other resources, in addition to the non-federal share (i.e. the
required match) from other key partners in the proposed service area(s), including organizations in
both the public and private sector to support the SCSEP program.
Describe the non-federal resources or in-kind services in detail, including the dollar value of the
service. Provide a letter of commitment from the organization that is signed and dated after the
posting of the RFP.
(19). Line-Item Budget, Budget Narrative, Non-Federal Match, Payroll and Audits: The
SCSEP has legislated limitations on the expenditures of Title V funds. The administrative cost
limitation for this RFP is 9.0 percent. The Line-Item Budget Form (see Appendix V should be
completed with a breakout of proposed costs to the appropriate cost categories, expenses are
itemized within each category and should identify federal (i.e., contract) and non-federal (match)
funds. Use the unit cost identified in section B.2.e to compute the total allocation for the PSA based
on the number of participants to be served.
23
The proposal must include a line-item budget that contains the eight required object class categories
as identified in Appendix IV, the budget columns and rows must be added correctly and there
cannot be any rounding issues. In addition, the funding amount must be correct based on the
amount of dollars available in the PSA.
The budget must only contain allowable expenditures and the functions and activities must be
properly allocated to programmatic activities. A minimum of 75% of the total budget has to be
allocated to participant wages and fringe benefits under the programmatic activity cost category and
the balance must be allocated to other program costs under the programmatic activity cost category.
The functions and activities listed in the budget must be properly allocated and the budget has to be
consistent with the activities presented in the proposal.
Include a separate budget narrative that clearly explains why each line-item expense is necessary,
how each line-item expense was calculated and each expense must be sufficiently justified. The
line-item expenses listed under the approved Object Class Categories i.e., personnel, fringe benefits,
travel, supplies, indirect, and other operating costs must be reasonable and necessary for the
effective administration of the program. If indirect expenses are listed in the budget, a copy of the
current approved indirect rate must be provided. A cost allocation chart must be provided, which
identifies all funding sources for each staff members listed in the budget, their percentage of time
under each funding source and their total annual salary.
The budget must have a separate line item for the 10% non-federal match and it must identify the
source(s) and methods of calculation. The proposal must also show how the 10% match will be
captured and how staff will ensure the accuracy of match before reporting it to the DOEA.
A copy of the PY 2013 financial audit must be provided to determine if there are any material
weaknesses that may indicate potential concerns with financial accountability.
The proposal must describe in detail how documentation to support billed expenses will be
collected and maintained for each reporting period and it must identify individual financial records
that will be available to reconcile billed expenditures.
(20). Financial Accountability: The organization’s latest financial statements must be submitted,
which shows previous year awards, obligations, assets, liabilities, income and expenditures and a
description must be provided of internal control system regarding how it accounts for cash,
property and other assets.
Records must be submitted to show that the organization has sufficient internal controls to prevent
fraud and misuse of funds and that the budget control system ensures that actual expenditures do not
exceed the approved budget. Information must be provided that explains how all funds will be
properly accounted for (separate bank accounts or project cost records).
If the respondent is a current DOEA sub-grantee, program records will be evaluated to determine if
they have complied with line-item requirements and have not overspent approved line-items. If not
a current DOEA SCSEP sub-grantee, a statement must be submitted from the current funding entity
verifying compliance with the approved line-item budget.
24
Explain how the accuracy and reliability of accounting data is checked on a routine bases, including
segregation of duties, authorization, execution and payment, personnel, timely posting of debt, etc.
(21). Past Performance: The PY 2013 Final Quarterly Progress Reports for current DOEA sub-
grantees will be examined to determine if federal performance goals were achieved. All other
respondents must submit official documentation from their current funding entity showing their PY
2013 performance goals and the level of achievement for each goal.
e. Vendors Certification
The following forms, Appendices IV through X, are REQUIRED unless otherwise indicated and
must be included in this proposal:
1. CONTRACT TERMS AND CONDITIONS: A signed statement in response to this RFP
indicating acceptance of the terms and conditions of provision of service as specified in the RFP
and the attached model contract.
2. STATEMENT OF NO INVOLVEMENT: This form indicates that neither the vendor nor any
person with an interest in the firm had a noncompetitive contract involving any of the preliminary
work such as the feasibility study or preparing the RFP.
3. CERTIFICATION REGARDING LOBBYING: As per section 1352, Title 31, U.S. Code,
should the funding request exceed $100,000, or contain any federal funds, a signed form must be
included in the proposal.
4. CERTIFICATION REGARDING DEBARMENT: Per executive order 12549 and 29 C.F.R.
Part 98, a signed Certification Regarding Debarment form must be included in the proposal if the
funding request exceeds $100,000.
5. DRUG FREE WORKPLACE: A signed form should be completed attesting to whether or not
the organization has a Drug Free Workplace program. In the case of identical tie bids, preference
shall be given to Vendors with such programs.
II. PROTESTS
Any actual or prospective Vendors who desire to file a formal protest to this RFP, as outlined in
Item 8 of the General Conditions section on the PUR 7033 form, must accompany that protest with
a bond payable to the DOEA in the amount of $5,000 or one percent of the DOEA’s estimate of the
total volume of the proposed contract, whichever is less. A vendor may submit, in lieu of a bond, a
cashier’s check or money order in the amount of the bond.
25
SECTION E. - PROPOSAL EVALUATION CRITERIA AND RFP
RATING SHEET
1. DESCRIPTION OF EVALUATION CRITERIA
A DOEA evaluation team will numerically score proposals determined to be responsive. Criteria
described on the proposal rating forms (Appendix XI) will be used to determine the numerical score
of each proposal.
A Notice of Intent to Award will be posted on the Vendor Bid System website at
http://www.myflorida.com/apps/vbs/vbs_www.search_r2.criteria_form on the, date, and time listed
under Section B.2.m.
DOEA reserves the right to conduct a review of the vendor’s managerial, financial, and
administrative capability.
2. RFP RATING SHEET
The Proposal Evaluation Criteria and Rating Form is Appendix XI to this RFP.
26
APPENDIX I
DOEA’s Title V State Authorized Participant Positions by County and PSA
PSA Counties SCSEP Positions Total
1 Escambia 0
0 Okaloosa 0
Santa Rosa 0
Walton 0
2 Bay 0
12
Calhoun 0
Franklin 0
Gadsden 0
Gulf 0
Holmes 0
Jackson 0
Jefferson 0
Leon 9
Liberty 0
Madison 0
Taylor 3
Wakulla 0
Washington 0
3 Alachua 17
48
Bradford 0
Citrus 7
Columbia 0
Dixie 0
Gilchrist 0
Hamilton 2
Hernando 4
Lafayette 0
Lake 0
Levy 4
Marion 7
Putnam 0
Sumter 7
Suwannee 0
Union 0
27
4
Baker 0
43
Clay 5
Duval 9
Flagler 9
Nassau 0
St. Johns 4
Volusia 16
5 Pasco 0 17
Pinellas 17
6 Hardee 3
86 Highlands 7
Hillsborough 50
Manatee 16
Polk 10
7 Brevard 0
48 Orange 17
Osceola 9
Seminole 22
8 Charlotte 28
98
Collier 35
De Soto 5
Glades 0
Hendry 0
Lee 26
Sarasota 4
9 Indian River 4
71 Martin 8
Okeechobee 4
Palm Beach 41
St. Lucie 14
10 Broward 33 33
11 Miami-Dade 69 69
Monroe 0
Total Authorized Positions: 525
28
APPENDIX II
2014 Health Human Services Poverty Guidelines Adapted for SCSEP
Size of Family Unit
48 Contiguous States and D.C.
(x125%)
1 $11,670 $14,588
2 $15,730 $19,663
3 $19,790 $24,738
4 $23,850 $29,813
5 $27,910 $34,888
6 $31,970 $39,963
7 $36,030 $45,038
8 $40,090 $50,113
For each additional person, add: $4,060 $5,075
29
APPENDIX III
Sub-grantee:
Senior Community Service Employment Program (SCSEP)
Funding Period: July 1, 2015 – June 30, 2016
Award Amount:
Budget
Object Class Codes Percentage of time
Administrative Costs
Programmatic Activities
Participants Wages and Fringe Benefits
Programmatic Activities
Other Program Costs
Total
1. Personnel
a.
b.
c.
d.
e.
2. Fringe Benefits
3. Travel
4. Equipment
5. Supplies
6. Contractual
7. Other Costs
8. Indirect Costs
30
APPENDIX IV
Budget Guidelines
The budget must contain the following eight object class categories:
1. Personnel: This refers to salaries paid to employees of the grantee who are directly involved in grant
implementation. This section must identify the name and position to be paid for out of this grant.
2. Fringe Benefits: The cost of benefits paid to the personnel on the grant, including the cost of
employer’s share of FICA, health insurance, workers’ compensation, vacation and sick leave, holidays,
or unemployment insurance.
3. Travel: Travel costs that are reasonable and necessary to effectively manage the grant. Mileage
reimbursement is at a rate of .445 and per diem cannot exceed 80.00 based on published state travel
guidelines
4. Equipment: Refers to nonexpendable personal property that has a useful life of more than 1 year
and a per-unit cost of $5,000 or more.
5. Supplies: All consumable materials, equipment costing less than $5,000 per unit, and other goods
such as copy paper, pens and pencils, any materials needed to conduct training, computers, etc.
6. Contractual: The budget narrative section should briefly describe products and professional services
covered by the contract. No subcontracts can be developed with organizations to administer the
program. However, contracts can be developed for professional services such as audits and payroll
processing.
7. Other Costs (Including Training Expenses): Direct costs that do not fit any of the aforementioned
categories, such as rent, utilities and/or leased equipment, transportation expenses, on-the-job training
employer reimbursements, classroom training, occupational skills training and other participant costs.
These costs must be itemized separately.
8. Indirect Costs: Indicate the rate, amount and basis of indirect costs. A copy of the indirect cost
agreement, signed by the issuing Federal agency must be included as an attachment to the proposal.
Organizations can charge a rate lower than their approved rate.
In addition, there are three required cost categories, administration, Programmatic Activities: participant
wages and fringe benefits and Programmatic Activities: other program costs. Each line item under each
Object Class Category must accurately estimate the costs of the activities to be performed. A supporting
budget narrative must be included that identifies in detail the costs and calculations attributable to each
line item listed in each Object Class Category. A maximum of 9% may be allocated for administrative
costs associated with the program and administrative cost must be properly classified. A minimum of
75% of available funds must be allocated to participant wages and fringe benefits. 2% of the proposal
amount must be allocated for computer training or a legitimate documented source of free training must
be provided. If the organization applied an indirect cost rate, a copy of their approved indirect cost rate
from a federal agency must be included. There must be a separate line item for the 10% non-federal
match and the source(s) and method of calculation for the match must be identified.
31
APPENDIX V
ACCEPTANCE OF CONTRACT TERMS AND CONDITIONS By your signature below, as an authorized representative of the responding organization, you hereby accept the terms and conditions of service provision as specified in Florida Department of Elder Affairs RFP Number 02-SCSEP 2015 and the attached model contract. Name of Organization:___________________________________________________ Typed Name of Authorized Representative:__________________________________ Signed:_________________________________________________ Date:___________________________________________________
32
APPENDIX VI
STATEMENT OF NO INVOLVEMENT
I, / as an authorized representative of
,
certify
that no member of this firm nor any person having interest in this firm has been awarded
a contract by the Department of Elder Affairs on a noncompetitive basis to:
(1) develop this invitation to bid or request for proposal;
(2) perform a feasibility study concerning the scope of work contained in this
invitation to bid or request for proposal; or
(3) develop a program similar to what is contained in this invitation to bid or
request for proposal.
_________________________________
Signature of Authorized Representative
_________________
Date
Specific Authority 287.057 (16), Florida Statutes:
No person who receives a contract which has not been procured pursuant to
subsection (1), subsection (2), or subsection (3), to perform a feasibility study of the
potential implementation of a subsequent contract, participating in the drafting of
an invitation to bid or request for proposals, or developing a program for future
implementation shall be eligible to contract with the agency for any other contracts
dealing with that specific subject matter; nor shall any firm in which such person
has any interest be eligible to receive such contract.
33
APPENDIX VII
Contract # ___Attachment ___
CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENT The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding 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.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients 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 transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Name of Authorized Individual Application or Contract Number Name of Address of Organization DOEA Form 103, (Revised Jan 2001)
34
APPENDIX VIII
CONTRACT#_____ATTACHMENT____
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
1. Each recipient or vendor whose contract equals or exceeds $100,000 in federal monies must sign
this debarment certification prior to contract execution. Independent auditors who audit federal
programs regardless of the dollar amount are required to sign a debarment certification form.
Neither the Department of Elder Affairs nor its contract recipients or Vendors can contract with
subrecipients if they are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this
contract is entered into. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government may pursue available remedies, including suspension and/or
debarment.
3. The recipient or vendor shall provide immediate written notice to the contract manager at
any time the recipient or vendor learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded,"
as used in this certification, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549 and 45 C.F.R. Part 76. You may contact the contract
manager for assistance in obtaining a copy of those regulations.
5. The recipient or vendor further agrees by submitting this certification that, it shall not
knowingly enter into any subcontract with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this contract unless authorized by
the Federal Government.
6. The recipient or vendor further agrees by submitting this certification that it will require
each subrecipient of this contract whose payment will equal or exceed $100,000 in federal
monies, to submit a signed copy of this certification with each contract.
7. The Department of Elder Affairs and its contract recipients or vendor may rely upon a
certification of a recipient/subrecipients that is not debarred, suspended, ineligible, or
voluntarily exclude from contracting/subcontracting unless it knows that the certification
is erroneous.
8. If the recipient or vendor is an Area Agency on Aging (AAA), the AAA may rely upon a certification
of a recipient/subrecipient or vendor entity that is not debarred, suspended, ineligible, or voluntarily
excluded from contracting/subcontracting unless the AAA knows that the certification is erroneous.
9. The signed certifications of all subrecipients or Vendors shall be kept on file with recipient.
35
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register
(52 Fed. Reg., pages 20360-20369).
(1) The prospective recipient or vendor certifies, by signing this certification, that neither he nor his
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in contracting with the Department of Elder Affairs by any federal
department or agency.
(2) Where the prospective recipient or vendor is unable to certify to any of the statements in this
certification, such prospective recipient or vendor shall attach an explanation to this certification.
Signature___________________________________
Date_______________________________________
___________________________________________
Name and Title of Authorized Individual
(Print or type)
___________________________________________
Name of Organization
DOEA FORM 112B (Revised May 2002)
36
APPENDIX IX
CERTIFICATION OF A DRUG-FREE WORKPLACE
Identical Tie Bids: Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by the state or
by any political subdivision for the procurement of commodities or contractual services, a bid received from a
business that certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedure for processing tie bids will be followed if none of the tied Vendors have a
drug-free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be
taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 898
or of any for a violation occurring in the workplace no later that 5 days after such conviction.
5) Impose a sanction on, or require that satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community by, any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
Our organization has a Drug-Free Workplace policy.
No, our organization does not have Drug-Free Workplace policy.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
AUTHORIZED SIGNATURE DATE
37
APPENDIX X
SECTION VIII - PROPOSAL EVALUATION CRITERIA AND RATING
A. Component: MANDATORY CRITERIA
Failure to receive a favorable response to the following criteria shall result in elimination from the
evaluation and funding consideration process. The Department of Elder Affairs reserves the right to
waive minor omissions if properly justified.
An original and three copies were received by the designated time and date listed in the
RFP.
__Yes__No
A Request for Proposal Contractual Services Bidder Acknowledgment Form (PUR 7033) is
submitted with the proposal and one copy contains an original signature of an official of the
potential provider who is authorized to bind the provider to the proposal.
__Yes__No
The proposal is typed, legible and paginated with the proposal number clearly marked, and
contains a title page and table of contents.
__Yes__No
The proposal follows the format outlined in Section D. __Yes__No
The proposal contains a signed statement accepting the terms and conditions of provision of
service.
__Yes__No
The proposal includes a line item budget with narrative justification for expenses. __Yes__No
The proposal contains a signed Statement of No Involvement. __Yes__No
The proposal contains a signed Certification Regarding Lobbying. __Yes__No
The proposal contains a signed Certification Regarding Debarment (if proposed award is
greater than $25,000).
__Yes__No
The proposal contains three letters of reference, the most current audit report, verification
of fidelity bonding and general liability insurance coverage and if incorporated by laws of
board of directors, a list of board members with address and positions held, certificate of
incorporation, and 501(c) 3 (nonprofits only).
__Yes__No
The DOEA has been unable to recover a debt from the applicant. __Yes__No
The applicant has committed fraud or criminal activity. __Yes__No
There are serious administrative deficiencies, such as failure to maintain a credible financial
management system.
__Yes__No
The applicant has willfully obstructed the auditing or monitoring process. __Yes__No
38
APPENDIX XI
B. Component: DRUG FREE WORKPLACE
The proposal contains a signed Certification of a Drug Free Workplace (not required, but preferred, and
used as a tie-breaker in the case of equally scored proposals).
C. Component: SCORED CRITERIA
Each proposal is ranked according to how the following criteria are addressed based on instructions in
the RFP and adherence to 20 C.F.R. Part 641.
In all responses, clarity is necessary. Evaluators are not expected to decipher vague, ambiguous, overly
complex, or otherwise difficult to understand responses. Any narrative description that is not clearly
presented may be down-scored.
Evaluators will assess the degree to which responses address each criterion and will apply the scoring
guidelines of “Understanding” and “Capability” to each vendor’s reply, using the following point scale
system:
Point Scale System Understanding: The knowledge of and familiarity with the listed criteria and how they relate
to the SCSEP.
Capability: The ability to meet the requirements or objectives contained in the listed criteria.
Assessment Assessment Description Evaluator Score
Exceptional All criteria were
addressed;
Demonstrates superior
understanding of the
listed criteria; and
Provides excellent and
innovative capability.
5
Good All criteria were
addressed;
Demonstrates above-
average understanding
of the listed criteria;
and
Provides above-
average capability.
4
39
Adequate All criteria were
addressed;
Demonstrates general
understanding of the
listed criteria; and
Provides acceptable
capability.
3
Poor Failed to address
some of the listed
criteria;
Demonstrates
insufficient
understanding of the
listed criteria; or
Provides limited
capability.
2
Inadequate Failed to address any
of the listed criteria;
Demonstrates lack
understanding of the
listed criteria; or
Fails to demonstrate
capability.
1
1. Response to Introduction/Purpose/RFP Specifications/Project Locations
Maximum 20 Points Points
a. The respondent described the SCSEP and their ability to effectively administer
the program by listing staff that will be serving the proposed area and their
qualifications/experience and the agency’s administrative capabilities
b. The respondent described how they will achieve the dual goals of the program, which are to promote useful opportunities in community service activities and to move SCSEP participants into unsubsidized employment, where appropriate so that they can achieve economic self-sufficiency.
c. The respondent described the geographic area(s) to be served, the planning and
service area, counties, and the number of Authorized Participant Positions. The
respondent also included a description of the target group to be served, a chart that
lists the physical location, including the phone number of each proposed project
office and all staff, including participant staff that will be working in the office.
d. The respondent has secured free office space (encouraged, but not required) to
administer the program and has provided official documentation to show that this
is an in-kind service that is in the PSA where services will be provided.
Total Points for this Category:
40
2. Program Requirements: Recruitment and Selection, Services to Participants
Eligibility Determination; Recertification of Income, Job Ready Participants, Priority
Groups, Orientation, Assessments, Individual Employment Plans, Community
Service Assignments, Training, Wages/BenefitsSupportive Services, Counseling, Safe
and Healthy Working Conditions, Employment Assistance, Job Development
Maximum 70 Points
Points
a. Recruitment and Selection: The respondent outlined a specific plan for recruitment
and selection of participants that assures the maximum number of eligible individuals has
an opportunity to participate in the program. The respondent described how the one-stop
delivery system will be used as one method in the recruitment and selection of eligible
individuals and it includes recruiting activities that will be used, including how eligible
individuals will be recruited, where they will be recruited, how often recruiting activities
will occur, local media outlets that will be used, where outreach materials will be
maintained and the role of mandated partners that will be involved in these efforts.
b. Eligibility/Recertification/Job Ready: The respondent described who is eligible to
participate in the SCSEP, outlined step-by-step procedures that will be used to determine
and document participants’ initial eligibility and continued eligibility. The respondent
provided information regarding any pre-eligibility screenings that will be used and
indicated how and what documents will be collected for eligibility purposes. The
respondent described methods that will be used to ensure accurate and complete eligibility,
how eligibility documents will be maintained, and how staff and will be trained to
accurately perform eligibility determinations.
The respondent described how recertification of income will start immediately after the
annual poverty guidelines are published and procedures that will be implemented to ensure
that they are completed by May of each year.
Job Ready: The respondent identified methods that will be use to avoid enrolling job-
ready individuals and identifies the characteristics of a job ready applicant.
c. Priority Groups: The respondent describes specific procedures that will be used to
ensure priority of service will be afforded to individuals, and the order in which the
priorities will be applied as described in 20 C.F.R. § 641.520.
d. Orientation: The respondent described separately participant and host agency
orientation procedures, including when and how orientation will be provided, the person
responsible for providing it, the mandatory elements that will be addressed, including
information on project goals and objectives, community service assignments, training
opportunities, available supportive services, the availability of a free physical examination,
participant rights and responsibilities, permitted and prohibited political activities; the
projected amount of time that will be devoted to orientation, and measures that will be
taken to ensure complete understanding of the program requirements.
41
e. Assessment: The respondent provided a detailed description of the assessment process
and required procedures and a copy of the assessment instrument is included in the
proposal. The respondent described how each participant’s work history, skills, interests,
talents, physical capabilities, aptitudes, needs for supportive services, occupational
preferences, training needs, potential for performing community service assignments, and
potential for transition to unsubsidized employment will be assessed and how they will
ensure that subsequent assessments may be made as necessary, but must be made no less
frequently than two times during a twelve month period. A copy of the assessment
instrument is included with the proposal.
f. Individual Employment Plan (IEP): The respondent described how information
gathered during the initial assessment will be used to develop an IEP that includes an
appropriate employment goal for each participant and how the IEP will be updated as
necessary to reflect information gathered during the subsequent participant assessments.
The respondent described how the initial IEP should include an appropriate employment
goal for each participant and that if it is determined that the participant is not likely to
obtain unsubsidized employment, the IEP must reflect other approaches to help the
participant achieve self-sufficiency, including the transition to other services or programs.
A copy of the IEP is included with the proposal.
g. Community Service Assignments: The respondent described how appropriate
community service assignments will be developed and the types of organizations that will
be used. Described criteria for selecting appropriate community service assignments, the
process for ensuring that community service activities provide training that prepares
participants for unsubsidized employment, how participants will be matched with
appropriate assignments, the number of participants placed in community service
assignments involving the administration of the project, their working title and name, a list
of host agencies that may be used, the types of training assignments available, the average
number of hours participants will work, the hourly wage they will be paid, the hourly wage
paid to participants assigned to project administration, procedures for ensuring that
participants are given adequate supervision during their community service employment
assignment by host agency staff and corrective actions that will be taken if training is not
being provided. Procedures for ensuring that participants work in safe and healthy
conditions was provided, including a copy of documents used to assess work environments
and the staff person(s) that will be responsible for completing this task.
The respondent described how SCSEP staff will inform host agency supervisors about
each participant’s training plan and their specific learning objectives and how staff will
monitor participants’ progress.
h. Training: The respondent described how they will provide or arrange for training identified in each participant’s IEPs that is consistent with the SCSEP’s goal of unsubsidized employment and they identify potential free or low-cost resources that may be used.
i. The respondent described how a minimum of 2% of the budget will be used to pay for
computer training for participants who request such instruction or they included a current
bona fide letter which demonstrates that the training will be provided at no charge to the
SCSEP in the proposed PSA.
42
j. Wages and Benefits: The respondent described procedures for providing participants
with wages and benefits for time spent in the community service assignment, orientation,
and training. The respondent addressed how participants will be paid the highest
applicable required wage for time spent in orientation, training, and community service
assignments and while receiving WIA intensive services. The respondent explained how
they will ensure that participants receive such benefits as are required by law and how
benefits will be provided uniformly to all participants. The respondent described how
participants will be offered the opportunity to receive physical examinations annually and
their understanding that participants may choose not to accept the physical examination
and how the refusal must be documented through a signed statement, within 60 workdays
after commencement of the community service assignment. The respondent described how
they will offer participants a free physical each year thereafter, and documents the offer
and any participant’s refusal. The respondent submitted a copy of their fringe benefits
policy.
k. Supportive Services/Counseling: The respondent described how they will assist participants in obtaining needed supportive services identified in their IEPs, how they will provide appropriate services for participants, or refer them to appropriate services and how they will provide periodic counseling to participants regarding their progress in meeting the goals and objectives identified in their IEPs. The
respondent provided a list of supportive services that may be offered to help participants
obtain and retain unsubsidized employment, how the services will be paid for,
organizations that may provide these services at little to no cost, and the working
relationship that currently exists with these organizations.
l. Safe and Healthy Working Conditions: The respondent described in detail their
process to ensure that each host site is safe and healthy prior to developing an agreement
and before participants begin their assignment. A copy of the respondent’s host site safety
check list is included with the proposal.
m. Employment Assistance: The respondent described the process that will be used to
ensure that participants are receiving services and taking actions designed to help them
achieve unsubsidized employment and how they will document their job development
activities.
n. Job Development: The respondent described how they will contact private and public
employers directly or through the One-Stop delivery system to develop or identify suitable
unsubsidized employment opportunities and how they will encourage host agencies to
assist participants in their transition to unsubsidized employment, including unsubsidized
employment with the host agency. Identify staff that will be responsible for this task and
how senior management will verify compliance with this requirement.
Total Points for this Category:
43
3. OAA sec. 502(b)(1)(C), Maximum Duration and 20 C.F.R. § 641.580,
Terminations - Maximum 15 Points
Points
a. The respondent described how procedures will be instituted to ensure that eligible
individuals do not participate in the program in excess of a maximum duration of 48
months in the aggregate (whether or not consecutive).
b. The respondent described steps that will be taken to transition participants to
unsubsidized employment or other assistance before the maximum duration time period
has expired, including how this information will be documented in the DOEA’s
Transitional Individual Employment Plan. Describe how the Transitional IEP will be used
as a living document to demonstrate that an effective level of critical services has been
provided to the participant.
c. The respondent described how participants will be informed about the mandatory
termination policy, including provisions cited in section 641.580 of the federal regulations
as it relates to circumstances for which participants may be terminated. The respondent
described procedures that will be adopted to ensure that all staff understand that the
DOEA’s SCSEP termination policy must be used and strictly adhered to during the term of
the grant.
Total Points for this Category:
44
4. Maintenance of Effort and Services to Minorities - Maximum 10 Points
Points
a. The respondent described specific actions that must be taken by each staff member prior
to the signing of a host agency agreement to ensure compliance with the maintenance of
effort requirements; provided specific procedures that will be implemented to ensure that
community service placements do not reduce the number of employment opportunities or
vacancies that would otherwise be available to individuals not participating in the program;
how they will ensure that participants do not displace currently employed workers
(including partial displacement, such as a reduction in the hours of non-overtime work,
wages, or employment benefits); how they will ensure that the project does not impair
existing contracts or result in the substitution of Federal funds for other funds in connection
with work that would otherwise be performed and how they will ensure that the host
agencies do not employ or continue to employ any eligible individual to perform the same
work or substantially the same work as that performed by any other individual who is on
layoff. The respondent explains how they will work with host agency supervisors to ensure
their understanding and compliance with maintenance of effort requirements.
b. The proposal described efforts that will be made to increase services to minority
individuals in the proposed service areas, including specific actions that will be taken to
actively recruit eligible minorities when quarterly reports or other SCSEP data indicates a
low enrollment level. Identify specific minority groups that will be targeted and creative
steps that will be taken to maximize enrollments.
Total Points for this Category:
45
5. Data Collection and Reporting and Performance Measures - Maximum 10
Points
Points
a. The respondent described how complete, accurate, and timely data collection
and reporting will be ensured and specifically, indicates how any needed hardware
or Internet connectivity will be obtained; how and where data entry will be
accomplished; how those capturing and recording data will be familiar with the
latest instructions for data collection, including DOEA guidance, such as Older
Worker Bulletins, TEGLs, the Data Collection Handbook, and Internet postings;
how data will be submitted timely; has an understanding that the SCSEP
Performance and Results QPR System (SPARQ) must be used to enter complete
timely and updated data regarding participants that receive SCSEP services and all
other mandated information.
b. The respondent describes how they will achieve the six core indicators that
apply to the SCSEP as established by the U.S. Department of Labor; service level,
community service, services to most-in-need, entered employment rate,
employment retention, average earnings and the two additional indicators;
retention in unsubsidized employment for one year; and satisfaction of the
participants, employers, and their host agencies with their experiences and the
services provided.
Total Points for this Category:
46
6. Description of Organizational Capability, Personnel and Qualifications,
and Programmatic and Financial Monitoring/Management - Maximum 35
Points
Points
a. The respondent included an organizational chart that lists all paid and unpaid
staff that will have a percentage of their time charged to the program; it also
includes a narrative description of all paid and unpaid staff primary responsibilities.
b. The respondent identified the primary staff contact person in the PSA and
documented their relevant experience in effectively managing a SCSEP or similar
project. A resume is provided for each staff person associated with the proposed
grant, which contains educational and employment history necessary to effectively
administer the local project. The proposal describes the primary local staff person’s
proven experience in successfully operating a SCSEP or similar project.
c. The respondent describes how grant requirements will be communicated to
program staff members and how systems will be evaluated to ensure timely and
accurate implementation.
d. The respondent provided information regarding how often host agencies will be
visited for purposes of monitoring training provided to the participants. A copy of
the internal monitoring tool used to evaluate program services was provided and it
clearly outlines monitoring processes that were used and the methods for
prescribing corrective actions.
e. The respondent provided a copy of internal monitoring reports completed during
PY 2013 and it identifies areas reviewed; the person who conducted the review, the
period of review, the outcomes and any corrective measures implemented. A copy
of the internal monitoring tool is included, which clearly outlines monitoring
processes that were used and the methods for prescribing corrective actions. A
copy of the PY 2013 internal local project programmatic review is included that do
not indicate major material weakness with the program
f. The respondent explains procedures that will be used to conduct financial
monitoring of project activities. The chart lists how the financial management
system of the program will be monitored and it identifies the person(s) responsible
for monitoring program expenditures. A copy of the financial monitoring tool is
included, which clearly outlines monitoring processes that will be utilized, the
frequency of monitoring of expenditures and methods for prescribing corrective
actions and follow-up procedures. A copy of the PY 2013 internal local project
financial review is included that do not indicate major material weakness with the
program
g. The respondent submitted a recent letter from DOEA that identifies no program
deficiencies, or which indicates all program deficiencies brought to their attention
in writing as a result of monitoring and quality assurance reviews, assessments, or
other program evaluation activities have been satisfactorily resolved.
Organizations that do not have a current contract with the DOEA must submit
documentation from their current funding entity to demonstrate achievement of this
requirement.
Total points for this category:
47
7. Collaboration /Leveraged Resources - Maximum 25 Points) Points
a. The respondent describes how they will collaborate with other entities serving
the same area. This includes coordination with the public workforce system, area
agencies on aging, other SCSEP providers and other key partners in the
community.
b. The proposal describes how Memorandums of Understanding will be established
and the timeline for having agreements with all proposed service areas.
c. The proposal includes a chart of all current MOUs and a copy of those that are
currently executed with organizations identified in 7.a above.
d. The proposal describes non-federal resources that will be secured from key
partners in the proposed service area(s), including organizations in both the public
and private sector to support the SCSEP program.
e. The non-federal resources or in-kind services are identified in detail, the dollar
value of the service is included and a letter of commitment from the organization is
signed and dated after the posting of the RFP.
Total points for this category:
48
8. Line-Item Budget, Budget Narrative, Non-Federal Match, Payroll and
Audits - Maximum 40 Points
Points
a. Line-item Budget: The proposal includes a line-item budget that contains the
eight required object class categories as identified in Appendix IV, expenses are
itemized within each category, the budget columns and rows are added correctly,
there are no rounding issues and the funding amount is correct based on the amount
of dollars available in the PSA.
b. Line-item Budget: The budget only contains allowable expenditures and the
functions and activities are properly allocated to administrative costs in accordance with section 641.856, are consistent with the activities presented in the proposal, do not exceed 9.0% of the total budget, and all costs appear to be reasonable and necessary.
c. Line-item Budget: The budget only contains allowable expenditures and the
functions and activities are properly allocated to programmatic activities. A
minimum of 75% of the total budget is allocated to participant wages and fringe
benefits under the programmatic activity cost category and the balance is allocated
to other program costs under the programmatic activity cost category. The
functions and activities listed in the budget are properly allocated to the correct
cost categories and the budget is consistent with the activities presented in the
proposal
d. Budget Narrative: A separate budget narrative is included that clearly explains
how each line-item expense was calculated, why each line-item expense is
necessary and each expense is sufficiently justified. The line-item expenses listed
under the approved Object Class Categories i.e., personnel, fringe benefits, travel,
supplies, indirect, and other operating costs are reasonable and necessary for the
effective administration of the program. If indirect expenses are listed a copy of the
current approved indirect rate is included. A cost allocation chart is provided,
which identifies all funding sources for each staff members listed in the budget,
their percentage of time under each funding source and their total annual salary.
e. Non-Federal Match: There is a separate line item for the 10% non-federal
match and the source(s) and methods of calculation are identified. The proposal
shows how the 10% match will be captured and it explains how staff will check for
accuracy of match before reporting it to the DOEA.
f. Financial Audit: A copy of the Program Year (PY) 2013 financial audit is
included and it does not contain any material weaknesses that may indicate
potential concerns with financial accountability.
g. Expense Documentation: The proposal describes in detail how documentation
to support billed expenses will be collected and maintained for each reporting
period and identifies individual financial records that will be available to reconcile
billed expenditures.
h. Price: The respondent is able to perform the required services based upon the
funding formula as described in Section 2.b. on page 8 of this RFP.
50
9. Financial Accountability – Maximum Points: 25 Points
a. The respondent submitted their financial statements, which shows previous year
awards, obligations, assets, liabilities, income and expenditures and they describe
their internal control system regarding how it accounts for cash, property and other
assets.
b. The respondent submitted records to show that they have sufficient internal
controls to prevent fraud and misuse of funds.
c. The respondent’s budget control system documents procedures to ensure that
actual expenditures do not exceed the approved budget and the respondent
provided information which explains how all funds will be properly accounted for
(separate bank accounts or project cost records).
e. If the respondent is a current DOEA sub-grantee, records show they have
complied with line-item requirements and have not overspent approved line-items.
If not a current DOEA SCSEP sub-grantee, the respondent submitted a statement
from their current funding entity verifying compliance with their approved line-
item budget.
f. The respondent explains how it checks the accuracy and reliability of its
accounting data on a routine basis, including segregation of duties, authorization,
execution and payment, personnel, timely posting of debt.
Total points for this category:
51
10. Past Performance – Maximum Points: 30 Points
a. The PY 2013 Final Quarterly Progress Report for current DOEA sub-grantees
show the community service year-to-date core performance measure achievement
level of at least 75.0%. All other respondents must submit official documentation
from their current funding entity showing their PY 2013 performance goals and the
level of achievement for the same or a similar performance goal.
b. The PY 2013 Final Quarterly Progress Report for current DOEA sub-grantees
shows the Entered Employment year to date core performance measure
achievement level of at least 28.7%. Other respondents must submit official
documentation from their current funding entity showing their overall PY 2013
level of achievement for the same or a similar performance goal.
c. The PY 2013 Final Quarterly Progress Report for current DOEA sub-grantees
shows the Employment Retention year to date core performance measure
achievement level of at least 76%. All other respondents must submit official
documentation from their current funding entity showing their PY 2013 level of
achievement for the same or a similar performance goal
d. The PY 2013 Final Quarterly Progress Report for current DOEA sub-grantees
shows the Average Earnings year to date core performance measure achievement
level of at least $6992. All other respondents must submit official documentation
from their current funding entity showing their PY 2013 performance goals and the
level of achievement for the same or a similar performance goal.
e. The PY 2013 Final Quarterly Progress Report for current DOEA sub-grantees
shows the Service Level year to date core performance measure achievement level
of at least 150.0%. All other respondents must submit official documentation from
their current funding entity showing their PY 2013 performance goals and the level
of achievement for the same or a similar performance goal.
f. The PY 2013 Final Quarterly Progress Report for current DOEA sub-grantees
shows the Service to Most in Need year to date core performance measure
achievement level of at least 2.39. All other respondents must submit official
documentation from their current funding entity showing their PY 2013
performance goals and the level of achievement for the same or a similar
performance goal.
Total points for this category:
52
SCORE SUMMARY
Scoring Categories Maximum
Points
Score
1. Response to Introduction/Statement of Work/Response to RFP
Specifications and Recruitment and Selection of Participants
20
2. Program Requirements: Recruitment and Selection, Services to
Participants, Eligibility Determination, Recertification of Income, Job
Ready Participants, Priority Groups, Orientation, Assessments,
Individual Employment Plan, Community Service Assignments,
Training, Supportive Services, Counseling, Safe and Healthy Working
Conditions, Employment Assistance, Job Development
70
3. Maximum Duration and Terminations 15
4. Maintenance of Effort and Service to Minorities 10
5. Data Collection and Reporting, Performance Reporting 10
6. Description of Organizational Capability and Programmatic and
Financial Monitoring/Management
35
7. Collaboration /Leveraged Resources 25
8. Line-Item Budget, Budget Narrative, Non-Federal Match, Payroll
and Financial Audits
40
9. Financial Accountability 25
10. Past Performance 30
TOTAL POINTS 280
All notes and comments should be listed below or attached to the rating sheets.
Notes and Comments:
Rater’s Signature:_____________________________________________
Date:_____________________________________
53
ATTACHMENT I
Respondents Mandatory Qualification Questions
Acknowledgement that Respondent is able to fully execute the requirements of this solicitation:
Certifications: Yes/No
Does the Respondent certify that the person submitting the proposal is authorized to
respond to this RFP on the Respondents behalf?
__ Yes __ No
Does the Respondent certify that it is not a Discriminatory Vendor or Convicted Vendor
as defined in Sections 7 and 8 of the PUR 1001?
__ Yes __ No
Does the Respondent certify compliance with Section 9 of the PUR 1001? __ Yes __ No
Does the Respondent certify that it is not on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List?
__ Yes __ No
Does the Respondent certify that it will, if awarded, submit to the Department, at least
annually, the completed signed Preferred Pricing Affidavit as outlined in Section 2.15
of the solicitation?
__ Yes __ No
Does the Respondent have a minimum of at least five (5) years’ experience providing
the products and services described in the RFP?
__ Yes __ No
We affirm and acknowledge that we truthfully and accurate answered the above questions.
Print Contractor Name: _________________________________________________________________
Signature of Authorized Representative: ____________________________________________________
Print Representative’s Name/Title: ________________________________________________________
Date: ________________________
54 ATTACHMENT II
ENTITY INFORMATION FORM
Official Entity Name: _________________________________________________________________________
Federal Employer Identification Number (including the State of Florida Offeror Sequence Number): ___________
Physical Address: _____________________________________________________________________________
Mailing Address (if different): ___________________________________________________________________
Telephone Number: ________________________ Fax Number: ______________________
Name of Contracting Officer: _______________________________ Title: ____________________________
(This individual must have the authority to bind the Respondent, as evidenced by submission of documentation from the governing
board if this individual is not the owner or Chief Executive Officer/President of the company)
Respondents Contract Manager Name: _______________________ Title: ____________________________
Mailing Address: _____________________________________________________________________________
Telephone Number: ___________________________ Email Address: ____________________
Is the Proposing Entity a “DBA” or “Doing Business As” Yes No
If yes, please explain why: ______________________________________________________________________
Certifications
On behalf of ________________________________, this document certifies that the ______________________:
Agrees to all terms and conditions contained in the Request for Proposal for which this proposal is submitted.
Has met all conditions and requirements of this RFP, including that neither it nor its principals are presently debarred,
suspended, or proposed for debarment, or have been declared ineligible or voluntarily excluded from participation in this
procurement/contract by any Federal or State Department or Agency. If the Respondent is unable to certify to any part of
this statement, such Respondent shall include an explanation in the transmittal letter.
Neither anyone acting on its behalf has contacted anyone, between the release of the solicitation and due date of this
solicitation, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except
in writing to the Procurement Officer or as provided in the solicitation documents.
Neither anyone acting on its behalf or with an interest in the Respondents firm has:
o Had a contract that was not competitively procured to perform a feasibility study for the potential
implementation of a subsequent contract, or
o Participated in the drafting of this solicitation,
o Developed a program for future implementation dealing with the specific subject matter of this
solicitation.
____________________________________ _____________________
Signature Date
55 ATTACHMENT III
SAMPLE CONTRACT
FLORIDA DEPARTMENT OF ELDER AFFAIRS
STANDARD CONTRACT
(INSERT PROGRAM NAME)
THIS CONTRACT is entered into between the State of Florida Department of Elder Affairs (Department) and
«Contractor» (Contractor), and collectively referred to as the “Parties.” The term Contractor for this purpose may
designate a Vendor, Subgrantee or Subrecipient, the status to be further identified in ATTACHMENT III, Exhibit-
2 as necessary.
WITNESSETH THAT:
WHEREAS, the Department has determined that it is in need of certain services as described herein; and
WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform
such services as an independent Contractor of the Department.
NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the
mutual covenants and conditions hereinafter set forth, the Parties agree as follows:
1. Purpose of Contract: The purpose of this contract is to provide services in accordance with the terms and conditions specified in this
contract including all attachments, forms and exhibits, which constitute the contract document.
1.2 Department Mission Statement: To foster an environment that promotes well-being for Florida’s elders and enables them to remain in their
homes and communities. The Departments vision is of all Floridians aging with dignity, purpose, and
independence. Area agencies, lead agencies and local service providers as partners and stakeholders in
Florida’s aging services network are expected to support the Departments mission, vision, and program
priorities.
2. Incorporation of Documents within the Contract: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department
handbooks, manuals or desk books, as an integral part of the contract, except to the extent that the contract
explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced
above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent
provisions in the proposal(s) or other general materials not specific to this contract document and identified
attachments.
3. Term of Contract: This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2015 or on the date the contract
has been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59)
P.M., Eastern Standard Time June 30, 2016.
4. Contract Amount: The Department agrees to pay for contracted services according to the terms and conditions of this contract in
an amount not to exceed $«Contract_Amount», subject to the availability of funds. Any costs or services paid
for under any other contract or from any other source are not eligible for payment under this contract.
5. Renewals: By mutual agreement of the Parties, in accordance with s. 287.058(1)(g), F.S., the Department may renew the
contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The
renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other
56 costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original
contract and contingent upon satisfactory performance evaluations by the Department and the availability of
funds.
6. Compliance with Federal Law:
6.1 If this contract contains federal funds this section shall apply.
6.1.1 The Contractor shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other
applicable regulations.
6.1.2 If this contract contains federal funds and is over $100,000.00, the Contractor shall comply with
all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended
(42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C.
1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection
Agency regulations 40 CFR 30. The Contractor shall report any violations of the above to the
Department.
6.1.3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in
connection with this contract to influence legislation or appropriations pending before the Congress
or any state legislature. If this contract contains federal funding in excess of $100,000.00, the
Contractor must, prior to contract execution, complete the Certification Regarding Lobbying form,
ATTACHMENT II. All disclosure forms as required by the Certification Regarding Lobbying
form must be completed and returned to the Contract Manager prior to payment under this contract.
6.1.4 In accordance with Appendix A to 2 CFR 215, the Contractor shall comply with Executive Order
11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as
supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable.
6.1.5 A contract award with an amount expected to equal or exceed $25,000.00 and certain other contract
awards will not be made to parties listed on the government-wide Excluded Parties List System, in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and
12689, “Debarment and Suspension.” The Excluded Parties List System contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. The 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 ATTACHMENT
V prior to the execution of this contract.
6.2 The Contractor shall not employ an unauthorized alien. The Department will consider the employment
of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324a) and the
Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation will be cause for unilateral
cancellation of this contract by the Department.
6.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt
organization reporting requirements (filing a Form 990 or Form 990-N) and has its tax exempt status
revoked for failing to comply with the filing requirements of the Pension Protection Act of 2006 or for
any other reason, the Contractor must notify the Department in writing within thirty (30) days of
receiving the IRS notice of revocation.
6.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons.
57 6.5 Unless exempt under 2 CFR Part 170.110(b), the Contractor shall comply with the reporting requirements
of the Transparency Act as expressed in 2 CFR 170.
6.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number 11-
116, Contractor agrees to utilize the U.S. Department of Homeland Security's E-verify system to verify
the employment of all new employees hired by Contractor during the contract term. Contractor shall
include in related subcontracts a requirement that Subcontractors performing work or providing services
pursuant to the state contract utilize the E-verify system to verify employment of all new employees hired
by the Subcontractor during the contract term. Contractors meeting the terms and conditions of the E-
Verify System are deemed to be in compliance with this provision.
7. Compliance with State Law: 7.1 This contract is executed and entered into in the State of Florida, and shall be construed, performed and
enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of
laws.
7.2 The Contractor shall comply with requirements of s. 287.058, F.S. as amended.
7.2.1 The Contractor shall provide units of deliverables, including various client services, and in some
instances may include reports, findings, and drafts, as specified in this contract, which the Contract
Manager must receive and accept in writing prior to payment in accordance with s. 215.971, F.S.
(1) and (2).
7.2.2 The Contractor shall submit bills for fees or other compensation for services or expenses in
sufficient detail for a proper pre-audit and post-audit.
7.2.3 If itemized payment for travel expenses is permitted in this contract, the Contractor shall submit
bills for any travel expenses in accordance with s. 112.061, F.S., or at such lower rates as may be
provided in this contract.
7.2.4 The Contractor shall allow public access to all documents, papers, letters, or other public records
as defined in subsection 119.011(12), F.S., made or received by the Contractor in conjunction with
this contract except for those records which are made confidential or exempt by law. The
Contractors refusal to comply with this provision will constitute an immediate breach of contract
for which the Department may unilaterally terminate the contract.
7.3 If clients are to be transported under this contract, the Contractor shall comply with the provisions of
Chapter 427, F.S., and Rule Chapter 41-2, F. A. C.
7.4 Subcontractors who are on the discriminatory Vendor list may not transact business with any public
entity, in accordance with the provisions of s. 287.134, F.S.
7.5 The Contractor shall comply with the provisions of s. 11.062, F.S., and s. 216.347, F.S., which prohibit
the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state
agency.
7.6 In accordance with s. 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists),
created pursuant to s. 215.473 F.S., is ineligible to enter into or renew a contract with the Department for
goods or services of $750,000.00 or more. Pursuant to s. 287.135 F.S., the Department may terminate
this contract if the Contractor is found to have submitted a false certification of its status on the Lists or
has been placed on the Lists. Further, the Contractor is subject to civil penalties, attorney’s fees and
58 costs and any costs for investigations that led to the finding of false certification. If this contract contains
$750,000.00 or more, the Contractor shall complete and sign ATTACHMENT H, Certification
Regarding Scrutinized Companies Lists, prior to the execution of this contract.
8. Background Screening: The Contractor shall ensure that the requirements of s. 430.0402 and Chapter 435, F.S., as amended, are met
regarding background screening for all persons who meet the definition of a direct service provider and who
are not exempt from the Departments level 2 background screening pursuant to s. 430.0402(2)-(3), F.S. The
Contractor must also comply with any applicable rules promulgated by the Department and the Agency for
Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, F.S.
8.1 Further information concerning the procedures for background screening is found at
http://elderaffairs.state.fl.us/doea/backgroundscreening.php.
9. 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 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 Subcontractors determination(s).
10. Public Records and Retention: 10.1 If , under this contract, the Contractor is providing services and is acting on behalf of the Department as
provided under s. 119.011(2), F.S., the Contractor, subject to the terms of s. 287.058(1)(c), F.S., and any
other applicable legal and equitable remedies, shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the services.
b) Provide the public with access to public records on the same terms and conditions that the
Department would provide the records and at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the Department
all public records in possession of the Contractor upon termination or expiration of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided to
the Department in a format that is compatible with the information technology systems of the
Department.
10.2 The Department may unilaterally cancel this contract, notwithstanding any other provisions of this
contract, for refusal by the Contractor to comply with Section 10 of this contract by not allowing public
access to all documents, papers, letters, or other material made or received by the Contractor in
conjunction with the contract, unless the records are exempt from Section 24(a) of Article I of the State
Constitution and s. 119.07(1), F.S.
11. Audits, Inspections, Investigations:
11.1 The Contractor shall establish and maintain books, records and documents (including electronic storage
media) sufficient to reflect all assets, obligations, unobligated balances, income, interest and
expenditures of funds provided by the Department under this contract. Contractor shall adequately
59 safeguard all such assets and assure they are used solely for the purposes authorized under this contract.
Whenever appropriate, financial information should be related to performance and unit cost data.
11.2 The Contractor shall retain and maintain all client records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media) pertinent to this
contract for a period of six (6) years after completion of the contract or longer when required by law. In
the event an audit is required by this contract, records shall be retained for a minimum period of six (6)
years after the audit report is issued or until resolution of any audit findings or litigation based on the
terms of this contract, at no additional cost to the Department.
11.3 Upon demand, at no additional cost to the Department, the Contractor shall facilitate the duplication and
transfer of any records or documents during the required retention period.
11.4 The Contractor shall assure that the records described in this section will be subject at all reasonable
times to inspection, review, copying, or audit by federal, state, or other personnel duly authorized by the
Department.
11.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department
and federal auditors, pursuant to 45 CFR 92.36(i)(10), will be allowed full access to and the right to
examine any of the Contractors contracts and related records and documents pertinent to this specific
contract, regardless of the form in which kept.
11.6 The Contractor shall provide a financial and compliance audit to the Department as specified in this
contract and in ATTACHMENT III and ensure that all related third-party transactions are disclosed to
the auditor.
11.7 The Contractor shall comply and cooperate immediately with any inspections, reviews, investigations,
or audits deemed necessary by the office of the Inspector General pursuant to s. 20.055, F.S.
12. Nondiscrimination-Civil Rights Compliance: 12.1 The Contractor shall execute assurances in ATTACHMENT VI that it will not discriminate against any
person in the provision of services or benefits under this contract or in employment because of age, race,
religion, color, disability, national origin, marital status or sex in compliance with state and federal law
and regulations. The Contractor further assures that all Contractors, Subcontractors, Subgrantees, or
others with whom it arranges to provide services or benefits in connection with any of its programs and
activities are not discriminating against clients or employees because of age, race, religion, color,
disability, national origin, marital status or sex.
12.2 During the term of this contract, the Contractor shall complete and retain on file a timely, complete and
accurate Civil Rights Compliance Checklist (ATTACHMENT B).
12.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination
involving services or benefits through this contract. These procedures will include notifying clients,
employees, and participants of the right to file a complaint with the appropriate federal or state entity.
12.4 If this contract contains federal funds, these assurances are a condition of continued receipt of or benefit
from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and
assignees for the period during which such assistance is provided. The Contractor further assures that all
Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants
or employees in connection with any of its programs and activities are not discriminating against those
participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the
event of failure to comply, the Contractor understands that the Department may, at its discretion, seek a
60 court order requiring compliance with the terms of this assurance or seek other appropriate judicial or
administrative relief, including but not limited to, termination of and denial of further assistance.
13. Monitoring by the Department: The Contractor shall permit persons duly authorized by the Department to inspect and copy any records, papers,
documents, facilities, goods, and services of the Contractor which are relevant to this contract, and to interview
any clients, employees, and Subcontractor employees of the Contractor to assure the Department of the
satisfactory performance of the terms and conditions of this contract. Following such review, the Department
will provide a written report of its findings to the Contractor, and where appropriate, the Contractor shall
develop a Corrective Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identified in
the CAP in a timely manner as determined by the Contract Manager.
14. Provision of Services: The Contractor shall provide services in the manner described in ATTACHMENT I.
15. Coordinated Monitoring with Other Agencies: If the Contractor receives funding from one or more of the State of Florida other human service agencies, in
addition to the Department of Elder Affairs, then a joint monitoring visit including such other agencies may be
scheduled. For the purposes of this contract, and pursuant to s. 287.0575, F.S. as amended, Florida’s human
service agencies shall include the Department of Children and Families, the Department of Health, the Agency
for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon
notification and the subsequent scheduling of such a visit by the designated agency’s lead administrative
coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, and/or investigators.
16. Indemnification: The Contractor shall indemnify, save, defend, and hold harmless the Department and its agents and employees
from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or
by reason of the execution of this agreement or performance of the services provided for herein. It is understood
and agreed that the Contractor is not required to indemnify the Department for claims, demands, actions or
causes of action arising solely out of the Departments negligence.
16.1 Except to the extent permitted by s. 768.28, F.S., or other Florida law, this section 16 is not applicable
to contracts executed between the Department and state agencies or subdivisions defined in s. 768.28(2),
F.S.
17. Insurance and Bonding: 17.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of
this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state
agency or subdivision as defined by subsection 768.28(2), F.S., the Contractor accepts full responsibility
for identifying and determining the type(s) and extent of liability insurance necessary to provide
reasonable financial protections for the Contractor and the clients to be served under this contract. The
limits of coverage under each policy maintained by the Contractor do not limit the Contractors liability
and obligations under this contract. The Contractor shall ensure that the Department has the most current
written verification of insurance coverage throughout the term of this contract. Such coverage may be
provided by a self-insurance program established and operating under the laws of the State of Florida.
The Department reserves the right to require additional insurance as specified in this contract.
17.2 Throughout the term of this agreement, the Contractor shall maintain an insurance bond from a
responsible commercial insurance company covering all officers, directors, employees and agents of the
Contractor authorized to handle funds received or disbursed under all agreements and/or contracts
incorporating this contract by reference in an amount commensurate with the funds handled, the degree
of risk as determined by the insurance company and consistent with good business practices.
61
18. Confidentiality of Information: The Contractor shall not use or disclose any information concerning a recipient of services under this contract
for any purpose prohibited by state or federal law or regulations except with the written consent of a person
legally authorized to give that consent or when authorized by law.
19. Health Insurance Portability and Accountability Act: Where applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act
(42 USC 1320d.), as well as all regulations promulgated thereunder (45 CFR 160, 162, and 164).
20. Incident Reporting: 20.1 The Contractor shall notify the Department immediately but no later than forty-eight (48) hours from
the Contractors awareness or discovery of conditions that may materially affect the Contractor or
Subcontractors ability to perform the services required to be performed under this contract. Such notice
shall be made orally to the Contract Manager (by telephone) with an email to immediately follow.
20.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-
free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is
binding upon the Contractor, Subcontractors, and their employees.
21. New Contract(s) Reporting: The Contractor shall notify the Department within ten (10) days of entering into a new contract with any of the
remaining four (4) state human service agencies. The notification shall include the following information: (1)
contracting state agency; (2) contract name and number; (3) contract start and end dates; (4) contract amount;
(5) contract description and commodity or service; and (6) Contract Manager name and number. In complying
with this provision, and pursuant to s. 287.0575, F.S. as amended, the Contractor shall complete and provide
the information in ATTACHMENT D.
22. Bankruptcy Notification: During the term of this contract, the Contractor shall immediately notify the Department of Elder Affairs if the
Contractor, its assignees, Subcontractors or affiliates file a claim for bankruptcy. Within ten (10) days after
notification, the Contractor must also provide the following information to the Department of Elder Affairs: (1)
the date of filing of the bankruptcy petition; (2) the case number; (3) the court name and the division in which
the petition was filed (e.g., Northern District of Florida, Tallahassee Division); and (4) the name, address, and
telephone number of the bankruptcy attorney.
23. Sponsorship and Publicity: 23.1 As required by s. 286.25, F.S., if the Contractor is a non-governmental organization which sponsors a
program financed wholly or in part by state funds, including any funds obtained through this contract, it
shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by
(Contractors name) and the State of Florida, Department of Elder Affairs.” If the sponsorship reference
is in written material, the words “State of Florida, Department of Elder Affairs” shall appear in at least
the same size letters or type as the name of the organization.
23.2 The Contractor shall not use the words “The State of Florida, Department of Elder Affairs” to indicate
sponsorship of a program otherwise financed, unless specific authorization has been obtained by the
Department prior to use.
24. Assignments: 24.1 The Contractor shall not assign the rights and responsibilities under this contract without the prior written
approval of the Department, which shall not be unreasonably withheld. Any sublicense, assignment, or
62 transfer otherwise occurring without prior written approval of the Department will constitute a material
breach of the contract.
24.2 The State of Florida is at all times entitled to assign or transfer, in whole or part, its rights, duties, or
obligations under this contract to another governmental agency in the State of Florida, upon giving prior
written notice to the Contractor. In the event the State of Florida approves transfer of the Contractors
obligations, the Contractor remains responsible for all work performed and all expenses incurred in
connection with the contract.
24.3 This contract shall remain binding upon the successors in interest of either the Contractor or the
Department.
25. Subcontracts: 25.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to this
contract, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be
evidenced by a written document and subject to any conditions of approval the Department deems
necessary. The Contractor further agrees that the Department will not be liable to the Subcontractor in
any way or for any reason. The Contractor, at its expense, shall defend the Department against any such
claims.
25.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Department or
other state agency. Failure to make payments to any Subcontractor in accordance with s. 287.0585, F.S.,
unless otherwise stated in the contract between the Contractor and Subcontractor, will result in a penalty
as provided by statute.
26. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor, or any of its Subcontractors, are independent
Contractors and are not employees of the Department and shall not hold themselves out as employees or agents
of the Department without specific authorization from the Department. It is the further intent and understanding
of the Parties that the Department does not control the employment practices of the Contractor and will not be
liable for any wage and hour, employment discrimination, or other labor and employment claims against the
Contractor or its Subcontractors. All deductions for social security, withholding taxes, income taxes,
contributions to unemployment compensation funds and all necessary insurance for the Contractor are the sole
responsibility of the Contractor.
27. Payment: Payments shall be made to the Contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by
the Contractor. The Contract Manager will have final approval of the invoice for payment, and will approve
the invoice for payment only if the Contractor has met all terms and conditions of the contract, unless the bid
specifications, purchase order, or this contract specify otherwise. The approved invoice will be submitted to
the Departments finance section for budgetary approval and processing. Disputes arising over invoicing and
payments will be resolved in accordance with the provisions of s. 215.422 F.S. A Vendor Ombudsman has
been established within the Department of Financial Services and may be contacted at 850-413-5665.
28. Return of Funds: The Contractor shall return to the Department any overpayments due to unearned funds or funds disallowed
and any interest attributable to such funds pursuant to the terms and conditions of this contract that were
disbursed to the Contractor by the Department. In the event that the Contractor or its independent auditor
discovers that an overpayment has been made, the Contractor shall repay said overpayment immediately
without prior notification from the Department. In the event that the Department first discovers an overpayment
has been made, the Contract Manager will notify the Contractor in writing of such findings. Should repayment
63 not be made forthwith, the Contractor shall be charged at the lawful rate of interest on the outstanding balance
pursuant to s. 55.03, F.S., after Department notification or Contractor discovery.
29. Data Integrity and Safeguarding Information: 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 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 computer system backup and recovery. The Contractor shall complete and sign
ATTACHMENT IV prior to the execution of this contract.
30. Computer Use and Social Media Policy: The Department of Elder Affairs has implemented a new Social Media Policy, in addition to its Computer Use
Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all
personnel affiliated with third parties, such as, but not limited to, Area Agencies on Aging and Vendors. Any
entity that uses the Department’s computer resource systems must comply with the Department’s policy
regarding social media. Social Media includes, but is not limited to blogs, podcasts, discussion forums, Wikis,
RSS feeds, video sharing, social networks like MySpace, Facebook and Twitter, as well as content sharing
networks such as flickr and YouTube. This policy is available on the Department’s website at:
http://elderaffairs.state.fl.us/doea/financial.php.
31. Conflict of Interest: The Contractor shall establish safeguards to prohibit employees, board members, management and
Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal
or organizational conflict of interest or personal gain. No employee, officer or agent of the Contractor or
Subcontractor shall participate in selection, or in the award of an agreement supported by state or federal funds
if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee,
officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization
which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for
award. The Contractor or Subcontractors officers, employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts. The
Contractors board members and management must disclose to the Department any relationship which may be,
or may be perceived to be, a conflict of interest within thirty (30) calendar days of an individual’s original
appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30)
calendar days of the commencement of this contract. The Contractors employees and Subcontractors must
make the same disclosures described above to the Contractors board of directors. Compliance with this
provision will be monitored.
32. Public Entity Crime: Pursuant to s. 287.133, F.S., a person or affiliate who has been placed on the convicted Vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases
of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, Subcontractor,
or Consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017(2), F.S., for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted Vendor list.
33. Purchasing:
64 33.1 The Contractor may purchase articles which are the subject of or are required to carry out this contract
from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under
Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and
(4), F.S. For purposes of this contract, the Contractor shall be deemed to be substituted for the
Department insofar as dealings with PRIDE. This clause is not applicable to Subcontractors unless
otherwise required by law. An abbreviated list of products/services available from PRIDE may be
obtained by contacting PRIDE, 800-643-8459.
33.2 The Contractor may procure any recycled products or materials, which are the subject of or are required
to carry out this contract, in accordance with the provisions of s. 403.7065, F.S.
33.3 The Contractor may purchase articles that are the subject of, or required to carry out, this contract from
a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter
413, F.S., in the same manner and under the same procedures set forth in s. 413.036(1) and (2), F.S. For
purposes of this contract, the Contractor shall be deemed to be substituted for the Department insofar as
dealings with such qualified nonprofit agency are concerned. Additional information about the
designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org.
This clause is not applicable to Subcontractors unless otherwise required by law.
34. Patents, Copyrights, Royalties: If this contract is awarded state funding and if any discovery, invention or copyrightable material is developed,
produced or for which ownership was purchased in the course of or as a result of work or services performed
under this contract, the Contractor shall refer the discovery, invention or material to the Department to be
referred to the Department of State. Any and all patent rights or copyrights accruing under this contract are
hereby reserved to the State of Florida in accordance with Chapter 286, F.S. Pursuant to s. 287.0571 (5) (k) 1
and 2 as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably
valued in the contract.
34.1 If the primary purpose of this contract is the creation of intellectual property, the State of Florida shall
retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to
this section 34.
34.2 If this contract is awarded solely federal funding, the terms and conditions are governed by 2 CFR
215.36.
34.3 Notwithstanding the foregoing provisions, if the Provider or one of its Subcontractors is a university and
a member of the State University System of Florida, then section 1004.23, F.S., shall apply, but the
Department shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its
Contractors, Subcontractors or Assignees of any resulting patented, copyrighted or trademarked work
products.
35. Emergency Preparedness and Continuity of Operations: 35.1 If the tasks to be performed pursuant to this contract include the physical care and control of clients, or
the administration and coordination of services necessary for client health, safety or welfare, the
Contractor shall, within thirty (30) calendar days of the execution of this contract, submit to the Contract
Manager verification of an emergency preparedness plan. In the event of an emergency, the Contractor
shall notify the Department of emergency provisions.
35.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall retain
responsibility for performance under this contract and must follow procedures to ensure continuity of
operations without interruption.
65 36. Equipment:
36.1 Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of
more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level
established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or
(b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of
$1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books not
circulated to students or the general public, with a value or cost of $250.00 or more [for state funds].
36.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations shall have written property management standards in compliance with 2 CFR Part
215 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with
all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of
equipment at least once every two years. (c) a control system to insure adequate safeguards to prevent
loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment in good
condition. The property records must be maintained on file and shall be provided to the Department upon
request. The Contractor shall promptly investigate, fully document and notify the Contract Manager of
any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to
the Contract Manager.
36.3 The Contractors property management standards for equipment acquired with Federal funds and
federally-owned equipment shall include accurately maintained equipment records with the following
information:
(1) A description of the equipment;
(2) Manufacturer's serial number, model number, federal stock number, national stock number, or other
identification number;
(3) Source of the equipment, including the award number;
(4) Whether title vests in the Contractor or the federal government;
(5) Acquisition date (or date received, if the equipment was furnished by the federal government) and
cost;
(6) Information from which one can calculate the percentage of federal participation in the cost of the
equipment (not applicable to equipment furnished by the federal government);
(7) Location and condition of the equipment and the date the information was reported;
(8) Unit acquisition cost; and
(9) Ultimate disposition data, including date of disposal and sales price or the method used to determine
current fair market value where a Contractor compensates the federal awarding agency for its share.
36.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment
purchased with state funds with an acquisition cost over $1,000.00 that is specifically identified in the
area plan approved by the Department is part of the cost of carrying out the activities and functions of
the grant awards and Title (ownership) will vest in the Contractor, subject to the conditions of 2 CFR
Part 215 Administrative Requirements (formerly OMB Circular A-110), Subpart C, paragraph 34.
Equipment purchased under these thresholds is considered supplies and is not subject to property
standards. Equipment purchased with funds identified in the budget attachments to agreements covered
by this contract, or identified in the sub-agreements with Subcontractors (not included in a cost
methodology), is subject to the conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR
Part 74.
36.5 The Contractor shall not dispose of any equipment or materials provided by the Department, or purchased
with funds provided through this contract without first obtaining the approval of the Contract Manager.
When disposing of property or equipment the Contractor must submit a written request for disposition
instructions to the respective Contract Manager. The request should include a brief description of the
property, purchase price, funding source, percentage of state or federal participation, acquisition date and
66 condition of the property. The request should also indicate the Contractors proposed disposition (i.e.,
transfer or donation to another agency that administers federal programs, offer the items for sale, destroy
the items, etc.).
36.6 The Contract Manager will issue disposition instructions. If disposition instructions are not received
within 120 days of the written request for disposition, the Contractor is authorized to proceed as directed
in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110).
36.7 Real property means land (including land improvements), buildings, structures and appurtenances
thereto, but excludes movable machinery and equipment. Real property may not be purchased with state
or federal funds through agreements covered under this contract without the prior approval of the
Department. Real property purchases from Older Americans Act funds are subject to the provisions of
Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b United States Code (USC). Real property
purchases from state funds can only be made through fixed capital outlay grants and aids appropriations
and therefore are subject to the provisions of section 216.348, F. S.
36.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and
tested prior to disposal to ensure no confidential information remains.
36.9 The Contractor must adhere to the Department's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An
ITR worksheet is required for any computer related item costing $1,000.00 or more, including data
processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The
completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to
the Department upon request. The Contractor has the responsibility to require any Subcontractors to
comply with the Department's ITR procedures.
37. PUR 1000 Form: The PUR 1000 Form is hereby incorporated by reference and available at:
http://www.myflorida.com/apps/vbs/adoc/F7740_PUR1000.pdf
In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms
or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms
or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions
contained in the PUR 1000 Form shall take precedence.
38. Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the
Contractor or political subdivision granting to the state a security interest in the property at least to the amount
of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or
as further required by law.
39. Dispute Resolution: Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce
the decision to writing and serve a copy on the Contractor.
40. Financial Consequences of Non-Performance: If the Contractor fails to meet the minimum level of service or performance identified in this agreement, or that
is customary for the industry, then the Department must apply financial consequences commensurate with the
deficiency. Financial consequences may include, but are not limited to, contract suspension, refusing payment,
withholding payments until the deficiency is cured, tendering only partial payments, and/or cancellation of
contract and reacquiring services from an alternate source.
67
40.1 The Contractor will not be charged with financial consequences, when a failure to perform arises out of
causes that were the responsibility of the Department.
41. No Waiver of Sovereign Immunity: Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to
which sovereign immunity may be applicable.
42. Venue: If any dispute arises out of this contract, the venue of such legal recourse will be Leon County, Florida.
43. Entire Contract: This contract contains all the terms and conditions agreed upon by the Parties. No oral agreements or
representations shall be valid or binding upon the Department or the Contractor unless expressly contained
herein or by a written amendment to this contract signed by both Parties.
44. Force Majeure: The Parties will not be liable for any delays or failures in performance due to circumstances beyond their
control, provided the party experiencing the force majeure condition provides immediate written notification to
the other party and takes all reasonable efforts to cure the condition.
45. Severability Clause: The Parties agree that if a court of competent jurisdiction deems any term or condition herein void or
unenforceable the other provisions are severable to that void provision and shall remain in full force and effect.
46. Condition Precedent to Contract Appropriations: The Parties agree that the Department’s performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Legislature.
47. Addition/Deletion: The Parties agree that the Department reserves the right to add or to delete any of the services required under
this contract when deemed to be in the State of Florida’s best interest and reduced to a written amendment
signed by both Parties. The Parties shall negotiate compensation for any additional services added.
48. Waiver: The delay or failure by the Department to exercise or enforce any of its rights under this contract will not
constitute or be deemed a waiver of the Department’s right thereafter to enforce those rights, nor will any single
or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other
right.
49. Compliance: The Contractor shall abide by all applicable current federal statutes, laws, rules and regulations as well as
applicable current state statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to
abide by these laws shall be deemed an event of default of the Contractor, and subject the contract to immediate,
unilateral cancellation of the contract at the discretion of the Department.
50. Final Invoice: The Contractor shall submit the final invoice for payment to the Department as specified in section 3.2.1. (Date
for final request for payment) of ATTACHMENT I. If the Contractor fails to submit final request for payment
by the deadline, then all rights to payment may be forfeited and the Department may not honor any requests
submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld
68 until all reports due from the Contractor and necessary adjustments thereto have been approved by the
Department.
51. Renegotiations of Modifications: Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and
duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to
reflect price level increases and changes in the rate of payment when these have been established through the
appropriations process and subsequently identified in the Department’s operating budget.
52. Suspension of Work:
The Department may in its sole discretion suspend any or all activities under the contract or purchase order, at
any time, when in the best interests of the State to do so. The Department shall provide the Contractor written
notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited
to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension
notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety
days, or any longer period agreed to by the Contractor, the Department shall either (1) issue a notice authorizing
resumption of work, at which time activity shall resume, or (2) terminate the contract or purchase order.
Suspension of work shall not entitle the Contractor to any additional compensation.
53. Termination: 53.1 Termination for Convenience. The Department, by written notice to the Contractor, may terminate the
contract in whole or in part when the Department determines in its sole discretion that it is in the State’s
interest to do so. The Contractor shall not furnish any product after it receives the notice of termination,
except as necessary to complete the continued portion of the contract, if any. The Contractor shall not be
entitled to recover any cancellation charges or lost profits.
53.2 Termination for Cause. The Department may terminate the contract if the Contractor fails to (1) deliver
the product within the time specified in the contract or any extension, (2) maintain adequate progress,
thus endangering performance of the contract, (3) honor any term of the contract, or (4) abide by any
statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and
consequences of default. The contractor shall continue work on any work not terminated. Except for
defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure
to perform the contract arises from events completely beyond the control, and without the fault or
negligence, of the Contractor. If the failure to perform is caused by the default of a Subcontractor at any
tier, and if the cause of the default is completely beyond the control of both the Contractor and the
Subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any
excess costs for failure to perform, unless the subcontracted products were obtainable from other sources
in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is
determined that the Contractor was not in default, or that the default was excusable, the rights and
obligations of the Parties shall be the same as if the termination had been issued for the convenience of
the Department. The rights and remedies of the Department in this clause are in addition to any other
rights and remedies provided by law or under the contract.
53.3 Upon expiration or termination of the contract the Contractors and Subcontractors shall transfer all public
records in its possession to the Department and destroy any duplicate public records that are exempt or
confidential and exempt from public records, disclosure requirements at no cost to the Department. All
electronically stored records shall be provided to the Department in a format that is compatible with the
Department’s information technology system(s).
54. Electronic Records and Signature: The Department authorizes, but does not require, the Contractor to create and retain electronic records and to
use electronic signatures to conduct transactions necessary to carry out the terms of this Agreement. A
69 Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall
comply with the requirements contained in the Uniform Electronic Transaction Act, s. 668.50, Fla. Stat. All
electronic records must be fully auditable; are subject to Florida’s Public Records Law, ch. 119, Fla. Stat.; must
comply with section 29, Data Integrity and Safeguarding Information; must maintain all confidentiality, as
applicable; and must be retained and maintained by the Contractor to the same extent as non-electronic records
are retained and maintained as required by this Agreement.
54.1 The Department’s authorization pursuant to this section does not authorize electronic transactions
between the Contractor and the Department. The Contractor is authorized to conduct electronic
transactions with the Department only upon further written consent by the Department.
54.2 Upon request by the Department, the Contractor shall provide the Department with non-electronic
(paper) copies of records. Non-electronic (paper) copies provided to the Department of any document
that was originally in electronic form with an electronic signature must indicate the person and the
person’s capacity who electronically signed the document on any non-electronic copy of the document.
55. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
a.
The Contractor name, as shown on page 1 of this
contract, and mailing address of the official payee to
whom the payment shall be made is:
«Contractor» «Address»
«City_State_Zip»
b. The name of the contact person and street address where
financial and administrative records are maintained is:
«FiscalAgent»
«Address»
«City_State_Zip»
c.
The name, address, and telephone number of the
representative of the Contractor responsible for
administration of the program under this contract is:
«ExeDir», «Dirtitle»
«Address»
«City_State_Zip»
«Phone»
d.
The section and location within the Department where
Requests for Payment and Receipt and Expenditure
forms are to be mailed is:
Department of Elder Affairs
Division of Financial Administration
4040 Esplanade Way, Suite 215
Tallahassee, Florida 32399-7000
e.
The name, address, and telephone number of the
Contract Manager for this contract is:
«CMname»
4040 Esplanade Way, Suite «CMRM»
Tallahassee, Florida 32399-7000
850-414-«CMPh»
Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided
in writing to the other party and the notification attached to the originals of this contract.
70 56. All Terms and Conditions Included:
This contract and its Attachments, I – A, B, D, F – H, and J and any exhibits referenced in said
attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed
upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein,
and this contract shall supersede all previous communications, representations or agreements, either written or
verbal between the Parties.
By signing this contract, the Parties agree that they have read and agree to the entire contract.
IN WITNESS THEREOF, the Parties hereto have caused this contract to be executed by their undersigned
officials as duly authorized.
CONTRACTOR: «CONTRACTOR» STATE OF FLORIDA,
DEPARTMENT OF ELDER AFFAIRS
SIGNED BY: SIGNED BY:
NAME: NAME: ________________________________
TITLE: TITLE: ________________________________
DATE: DATE: _______
Federal Tax ID: «FIN»