1

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

2

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

3

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

26

Appendix II USDOL/ETA Training and Employment Guidance Letter 11-13

(2014 Federal Poverty Guidelines)

28

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)

34

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

4

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.

5

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.

6

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.

7

(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.

8

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: Washingtonp@elderaffairs.org

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.

9

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.

10

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

11

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.

12

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

13

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.

14

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.

15

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)

16

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

17

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.

49

Total points for this category:

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»