Item C22County of Monroe
The Florida Keys
Mayor David Rice
9400 Overseas Highway
Suite 210
Marathon International Airport Terminal
Marathon, FL 33050
305.289.6000
Boccdis4@monroecouniy-fl.gov
monroecounty -fl.gov
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
1 2 ' Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
Interoffice Memorandum
Date: December 7, 2017
To: Kevin Madok, Clerk of the Court
County Clerk's Office
From: Commissioner David Rice, District 4
RE: NOTICE OF VOTING CONFLICT
Per Florida Statute 1123143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues brought before the Monroe County Board of
Commissioners with entities with which I am involved.
I will abstain from the vote on issues concerning the following entities:
Guidance Care Center, Inc., a private, not - for - profit entity, which receives some of its
operational funding from the County, as I currently sit on the Board of Directors of the
Guidance Care Center. I am also a member of the Board of the Historic Florida Keys
Foundation, Inc.
At the December 13, 2017 BOCC meeting, I will abstain from the vote on item(s):
#08, C21, C22, E8, & S4
Copy of agenda item listing from the Revised Agenda for each of the referenced item(s) is included for
documentation.
ATT. State Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Elected
Officers
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FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
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NAME OF BOARD, COUNCIL, C MMISSION, AUTHORI 0 COMMITTEE
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MAILING ADDRESS
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THE BOARD, COUNCIL, COMMI - ION, AUTHORITY OR COMMITTEE ON
WHICH -I -SERVE IS A -UN9a F.- --
❑ CITY O ❑
UNTY Y OTHER LOCALAGENCY
CITY
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COUNTY
(MD In �
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NAME of POLITICAL SUBDIVISI N:
mo n rroa 6u n
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non - advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would-inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter- in-I'aw. A "business associate" means any person of entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B - EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34- 7.010(1)(f), F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must - be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it.within 15 days after the vote occurs with the person responsible for recording the minutes of #lie
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
�
I I DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, .Da V; Q 1 y 1( 0.C-- , hereby disclose that on 4 3e- c qS L Q , 20
(a) A measure came or will come before my agency which (check one or more) Af li -
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
9(b) he measure before my agency and the nature of my conflicting interest in the measure is as follows:
I currently sit on the Board of Directors of the Guidance Care Center, Inc.
I am also a member of the Board of the Historic Florida Keys Foundation, Inc.
SEE ATTACHED AGENDA ITEM SUMMARY
C Z i 0-2-2- Ste{
' Cr - � j or e�a- t S
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
r
(� 2C Lm !fir 7 2c) 1 7 - - — -
Date Filed f Signature
- NOTIG €: -UND €R P-ROVISIONS-O€--FLORIDA-STAT-UT-ES-§1-1- 2:31 =7 - -A- FAILURE -TO- MAKE- AN- Y- REQU-I RED- DISC-L-O-SI-}RE --
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR 'EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 86 - EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34- 7.010(1)(fl, F.A.C.
C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The Florida Ke s lv ',
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: C.22
Agenda Item Summary #3686
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292 -4482
Bulk
AGENDA ITEM WORDING: Approval of Agreement with Guidance /Care Center for the
Community Transportation for Disadvantaged (CDT) program in the amount of $38,685 and Baker
Act Transportation service program in the amount of $160,000 for Fiscal Year 2018.
ITEM BACKGROUND: The FY2018 funding for the required local match, $38,685, for the
Community Transportation for Disadvantaged program decreased approximately 22 %. The Baker
Act Transportation funding request increased from $145,000 (FY2017) to $160,000 (FY2018)
PREVIOUS RELEVANT BOCC ACTION: The FYI funded amounts were included in the
County budget process. Annually the County has provided the required local matching funds for
Baker Act Transportation services.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Agreement -GCC - Transporation (Baker and CTD) FYI
FINANCIAL IMPACT:
Effective Date: 10/01/2017
Expiration Date: 09/30/2017
Total Dollar Value of Contract: $198,685
Total Cost to County: $198,685
Current Year Portion: $198,685
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount:
12/13/17 001 - 045903 • GCC BAKER ACT TRNSP
12/13/17 001 -01509 • MIDDLE KEYS GUIDANCE CLI
Community Transportation for Disadvantaged
Total:
REVIEWED BY:
Tina Boan
Christine Limbert
Maria Slavik
Kathy Peters
Board of County Commissioners
Skipped
Completed
Completed
Completed
Pending
$160,000.00
$38,685.00
$198,685.00
11/28/2017 4:41 PM
11/28/2017 4:46 PM
11/28/2017 4:55 PM
11/28/2017 5:38 PM
12/13/2017 9:00 AM
AGREEMENT
This Agreement is made and entered into this 13 day of December, 2017, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"BOARD" or "COUNTY," and the Guidance /Care Center, hereinafter referred to as °PROVIDER."
WHEREAS, the PROVIDER is a not - for - profit corporation established to provide
transportation services to the citizens of Monroe County, and
WHEREAS, it is a legitimate public purpose to provide transportation services to the
residents of Monroe County, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily performing and providing services, shall reimburse the PROVIDER for providing
transportation services as billed by the PROVIDER for clients qualifying for such services under
applicable state and federal regulations and eligibility determination procedures. The cost shall
not exceed a total reimbursement of ONE HUNDRED NINETY -TWO THOUSAND THREE HUNDRED
FIFTY -FIVE DOLLARS ($198,685.00), during the fiscal year 2017 -2018, payable as follows:
a) the sum of ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00) for Baker Act
transportation services pursuant to Chapter 394, Florida Statutes; and
b) the sum of THIRTY -EIGHT THOUSAND SIX HUNDRED EIGHTY -FIVE DOLLARS ($38,685.00),
for Community Transportation Coordinator - related transportation services to residents of >_
Monroe County. U.
2. TERM. This Agreement shall commence on October 1, 2017, and terminate September
30, 2018, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment for Baker Act and Marchman Act transportation services shall be
made according to the rate schedule set forth in Attachment D, subject to the maximum amounts
set forth in Paragraph 1. a. above. Billing Summary Forms, certified monthly financial and service
load reports will be made available to the Board to validate the delivery of services under this
contract. The monthly financial report is due in the office of the Clerk of the Board no later than
the 15th day of the following month. After the Clerk of the Board pre- audits the certified report,
the Board shall reimburse the Provider for its monthly expenses. However, the total of said
monthly payments in the aggregate sum shall not exceed the total amount shown in Paragraph 1,
above, during the term of this agreement. To preserve client confidentiality required by law,
copies of individual client bills and records shall not be available to the Board for reimbursement
purposes but shall be made available only under controlled conditions to qualified auditors for
audit purposes. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Paragraph 2 above.
Payment will be made periodically, but no more frequently than monthly, as hereinafter
set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office.
The County shall only reimburse, subject to the funded amounts below, those reimbursable
expenses which are reviewed and approved as complying with Monroe County Code of
Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover letter is included
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 1
as Attachment B. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Article 2 above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount shown in Paragraph 1, above,
during the term of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of
termination, unless otherwise required by law.
5. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKEEPING
6. RECORDS. PROVIDER shall maintain all books, records, and documents directly (3
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant >_
to Sec. 55.03, F.S., running from the date the monies were paid to PROVIDER.
In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the
audit shall be prepared by an independent certified public accountant (CPA) with a current
license, in good standing with the Florida State Board of Accountancy.
7. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the County and PROVIDER in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
Pursuant to F.S. 119.0701, PROVIDER and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe
County would provide the records and at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 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 Monroe County
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 2
requirements. All records stored electronically must be provided to Monroe County in a format
that is compatible with the information technology systems of Monroe County.
S. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items (a) -(j) must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) Proof of registration with the Florida Department of Agriculture, as required by Florida
contract provisions and the scope of services that the County may request during the y
contract year. c
RESPONSIBILITIES
9. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and carry out the duties of the
Board in rendering counsel in the matter of mental health and guidance to the citizens of the
Monroe County, Florida. The Provider shall provide Baker Act transportation services in
compliance with Florida Statutes Chapter 394. Baker Act and Marchman Act transportation
services which are covered under this agreement may be subcontracted, but are subject to the
rates set forth in Attachment D, and the limitations above. The subcontractor shall be subject to
all of the conditions of this contract, including but not limited to insurance and hold - harmless
requirements, as is the Provider.
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 3
Statute 496.405, and the Florida Department of State, as require by Florida Statute
617.01201, or proof of exemption from registration as per Florida Statute 496.406.
(c)
List of the Organization's Board of Directors of which there must be at least 5 and for each �
board member please indicate when elected to serve and the length of term of service;
(d)
Evidence of annual election of Officers and Directors;
(e)
Unqualified audited financial statements from the most recent fiscal year for all
organizations that expend $150,000 a year or more; if qualified, include a statement of
deficiencies with corrective actions recommended /taken; audit shall be prepared by an
independent certified public accountant (CPA) with a current license, in good standing with
the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in E
grant funding from the County: E
a. The CPA that prepares the audit must also be a member of the E
American Institute of Certified Public Accountants (AICPA); U
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. The County shall be considered an "intended recipient" of said
audit.
(f)
Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g)
Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(h)
Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions; ca
(i)
Specific description or list of services to be provided under this contract with this grant
(see Attachment C);
(j)
Annual Performance Report describing services rendered during the most recently
completed grant period (to be furnished within 30 days after the contract end date.) The
performance report shall include statistical information regarding the types and
frequencies of services provided, a profile of clients (including residency) and numbers 2
served, and outcomes achieved (see Attachment H);
(k)
Cooperation with County monitoring visits that the County may request during the contract
to
year; and
(1)
Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the y
contract year. c
RESPONSIBILITIES
9. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and carry out the duties of the
Board in rendering counsel in the matter of mental health and guidance to the citizens of the
Monroe County, Florida. The Provider shall provide Baker Act transportation services in
compliance with Florida Statutes Chapter 394. Baker Act and Marchman Act transportation
services which are covered under this agreement may be subcontracted, but are subject to the
rates set forth in Attachment D, and the limitations above. The subcontractor shall be subject to
all of the conditions of this contract, including but not limited to insurance and hold - harmless
requirements, as is the Provider.
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 3
10. ACCESS TO FUELING FACILITIES. The County shall provide access to the
Provider's vehicles at all County fueling facilities. The County shall grant the Provider a license for
the use of the real property and its improvements for each fueling site.
The Provider agrees that only those individuals authorized by the County to use the fueling
sites designated in this agreement shall have twenty -four hour access to said sites, and that they
shall either be maintained open or access otherwise provided to them by a uniform key system on
such a twenty -four hour basis.
The County shall bill the Provider for fueling and other related services and materials
utilized by the Provider at the fueling sites within the County's immediate control and as
previously set forth in this agreement. Said billing by the County to the Provider shall include an
administrative surcharge, as adopted by the Monroe County Board of County Commissioners
annually, for processing, servicing, and handling. The Provider shall reimburse the County within
thirty (30) days of the date of issuance of the bill.
Access to the Fuel Sentry System shall be provided by an electronic memory key, which
shall be issued by the County to all authorized designated users of the fueling sites, and as
contemplated by this Agreement. For purposes of uniformity, the Monroe County Fleet
Management Department shall be responsible for establishing a uniform electronic key system for
use by both the County and the Provider under this agreement, and shall establish and maintain
policies and procedures for identification, control, and distribution of all keys issued.
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award
against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and
out -of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County. ca
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective
legal representatives, successors, and assigns.
13. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the PROVIDER agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee, agent or instrumentality of the
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 4
Board. No statement contained in this agreement shall be construed so as to find the PROVIDER
or any of its employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision of such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, rules and regulations shall constitute a material breach of
this agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and /or federal certification and /or licensure of the PROVIDER'S program and staff.
18. NON - DISCRIMINATION. County and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis
of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI,
which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and /or reimbursement of services shall be accomplished by an amendment, which must be
approved in writing by the COUNTY.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. The PROVIDER and County staff shall try
to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 5
agreement or by Florida law. Any claims or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16 Judicial Circuit, Monroe County, Florida.
21. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and PROVIDER agree to participate, to the extent required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and PROVIDER
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of the
provisions herein. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon the Board in addition to the total agreed upon
reimbursement amount for the services of the PROVIDER.
24. NON - WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the
acquisition of any commercial liability insurance coverage, self- insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the U.
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver. ca
25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
26. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims and causes of action for medical malpractice, medical negligence, bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the PROVIDER occasioned by the
negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or
volunteers.
28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 6
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non - Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
31. NON - RELIANCE BY NON - PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
GENERAL
32. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
33. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand - delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the
other party as follows:
For Board:
Grants Administrator and
1100 Simonton Street
Key West, FL 33040
For PROVIDER
Frank Rabbito, Senior Vice President
Guidance /Care Center Inc.
1205 Fourth Street
Key West, Florida 33040
Monroe County Attorney
PO Box 1026
Key West, FL 33041
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 7
lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
35. NON - WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
U.
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 8
C.22.a
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year First written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By
Clerk
- ItneS�
3
W ICf ess
01
ZA
Mayor/Chairman
GUIDANCE /CARE CENTER
(Federal ID No.
B
Y _
director
Guidance/Care Center
Co
r
U_
Guidance Care Center— Transportation: Baker Act and C rD FYI 8; page 9
Packet P9. 910
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community -Based
Organizations, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business. These guidelines, as they relate to travel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
°I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all- inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305 - 292 -3534.
00
Data Processing, PC Time, etc. >_
The vendor invoice is required for reimbursement. Inter - company allocations are not considered U.
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified. ca
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and paid payroll taxes, check number and check amount. r_
If a Payroll Journal is not provided, the following information must be provided: pay period, check 2
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement. �
For overnight or express deliveries, the vendor invoice must be included. y
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses. E
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 10
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are �
not acceptable documentation for reimbursement. If attending a conference or meeting, a copy
of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of
the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business E
trip is not. E
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room 0
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport >_
for a business trip is not a reimbursable expense. U.
0
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2
p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non - allowable Expenses C:
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless 2
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non - sufficient check charges,
penalties and fines.
c
E
E
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 11
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name for the time period
of to
Check # Payee
Reason
Amount
101
Company A Rent
$ X
102
Company B Utilities
XXX.XX
104
Employee A P/R ending 05/14/01
XXX.XX
105
Employee B P/R ending 05/28/01
XXX.XX
(A)
Total
X
(B)
Total prior payments
$ X
(C)
Total requested and paid (A + B)
$ X
(D)
Total contract amount
$ X
Balance of contract (D -C)
X
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organization's contract with the Monroe County Board
of County Commissioners and will not be submitted for reimbursement to any other funding
sou rce.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 20
who is personally known to me.
Notary Public Notary Stamp
by
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 12
ATTACHMENT C
Services to be provided:
Baker Act /Marchman Act transportation services and Community Transportation
Coordinator related services.
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 13
Copy of the Sub - Contract for Baker Act transportation services. See attached.
ATTACHMENT D
Guidance Care Center — Transportation: BakerAct and CTD FY18; page 14
ATTACHMENT D
.a
WESTCARE
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the "Agreement ") is effecti ve as of th is I day of
October, 2017 ( "Effective Date ") between Guidance/ Care Center, Inc., a Florida 501 c3
not- for - profit corporation ( "WestCare ") and Elanjess, LLC, a limited IiabiIity company ( "Vendor "}
Vendor and WestCare collectively hereafter the "Patties" and individually the "Party ".
The Parties agree as follows:
1. Services to be Performed. Vendor will provide the services set forth on Exhibit A ( "Services),
which exhibit is attached hereto and incorporated herein by and through this reference,
2. Term. This Agreement shall commence on the Effective Date and shall expire on September Q
30, 2018 (" Term "). Foregoing notwithstanding, either patty may terminate this Agreement
at any time, with or without cause, upon not less than thirty (30) days written notice to
the other party. If either Party breaches the obligations set forth in this Agreement, the non - °0
breaching Party may terminate this Agreement upon not less than five co
(5) Days prior written notice and retain its right to all damages caused by the breach (unless U_
otherwise provided herein) and subsequent termination. Upon expiration or telnination of o
this agreement, neither patty shall have any further obligation hereunder except for (i) v
obligations due and owing which arose prior to the date of termination, and M
(ii) Obligations, promises or covenants contained herein which expressly extend beyond L
the tehi of this agreement, c'
3. Performance Standards. Vendor shall comply with all applicable laws, cod es, ordnances,
and regulations of the Unites States and the State of Florida. Additionally, and without
limiting the foregoing, Vendor shall take all commercially reasonable care in the delivery
of Services under this Agreement.
4. Compensation. In full consideration for the perfo Imance of the Services set forth in Section
1, including for any rights granted or relinquished by the Vendor under this Agreement,
WestCare shall pay Vendor the rate set forth in Exhibit A based on the specific Service(s)
provided pursuant to this Agreement ( "Fee Rate "). Services provided pursuant to this
Agreement are to be documented and invoiced by Vendor in writing at the end of each
calendar month of service. All written invoices are due by the last day of the month for that
month's service. Compensation shall be payable on the fifteenth (15) of the following
calendar month following WestCare's receipt and acceptance of Vendor's written accurate
invoice. Vendor acknowledges and agrees that, except as provided in this Section or as
otherwise set forth in Exhibit A, it shall not be entitled to, and
WU VSA
Packet Pg. 97176
C.22.a
WestCare shall not be obligated to pay, any monies or other compensation for the Services
provided and rights granted under this Agreement.
5. Intentionally Deleted.
b. Confidential Information, Both parties hereto shall treat as confidential all information
relating to either party's operations or the general business affairs or any of the operations
or general business affairs of the party (including the party's parent, affiliate or subsidiary
companies) which the other party may observe or which may be disclosed as a result of
the patty's performance under this MOO. Neither patty shall not disclose any
information, including without limitation any information contained in this MOU, to third
parties or use any such information for any purpose other than the performance under this
MOU, without the prior written consent of the other patty. AdditionaIIy, the Patties agree
to abide by all State and Federal laws, rules and regulations, H1PAA and 42 CY.R., Part
2. Both parties agree not to divulge any information concerning any individual client to
any unauthorized person or agency without the written consent of tl ;e client and
participant. This Section 6 shall survive the termination of the Agreement.
7. Indemnification. Vendor shall indemnify, defend and hold WestCare (including without
limitation WestCare's affiliates, subsidiaries' officers, directors, employees,
representatives, independent contractors and agents) harmless for, from and against any ° 0
and all losses, expenses, costs, liabilities, damages, claims, suits and demands (including CO
without limitation attorney's fees and costs) arising from or attributable to the acts or
omissions of Vendor (including but not limited to Vendor's officers, directors, employees, o
representatives, sub- contractors and agents).
& 1nsuranee. Vendor shall be solely responsible, at Vendor's sole cost and expense, for
maintaining its own liability insurance, including any workers compensation insurance
required under applicable law. At no time shall WestCare be liable for any insurance
obligation of Vendor.
9. Representations and Warranties. Vendor hereby represents, covenants and warrants to
WestCare as a material patt of the consideration for WestCare agreeing to enter into the
Agreement, as follows: (i) Vendor is a corporation, duly organized and validly existing
under the law; (ii) the execution of this Agreement has been duly authorized by all
necessary corporate action on behalf of Vendor; and (iii) Vendor has obtained and
currently holds all licenses, permits and approvals of all goveriunental authorities
necessary or appropriate to perform Vendor's obligations under the this Agreement.
10. Intellectual Property. Neither party to this Agreement shall be deemed to be granted
any right, title or interest in or to the trademarks, trade names, service marls, copyrights,
patents or other intellectual prope lty of the other Party. WestCare acid Vendor expressly
acknowledge and agree that neither party is granted under this Agreement the right to use,
refer to or incorporate in any materials, including without limitation marketing materials,
the name, logos, trademarks, or copyrights of the other Patty.
WC V5A
1'age 2 n f 7
Packet P9. 117
C.22.a
IL Intentionally Omitted.
12. Notice. Any notices to either party under this Agreement shall be in writing and delivered
by hand or sent by nationally recognized messenger service, or by registered or certified
mail, return receipt requested, to the address set forth herein or to such other address as
that party may hereafter designate by notice. Notice shall be effective when received, which
shall be no greater than one (1) business day after being sent by a nationally recognized
messenger service or three (3) days after being sent by mail.
If to WestCare: Guidance/ Care Center, Inc.
Attn: Anne Romance
3000 41 `! Street Ocean
Marathon, FL 33050
with a copies of any legal notice, notice of demand, notice of breach, demand for
indemnity, claim, assertion of damage or notice of default to:
WestCare Foundation, Inc.
Attn: General Counsel
1711 Whitney Mesa Drive
Henderson, Nevada 89014
co
If to Vendor: Elanjess, LLC
Attn: Lee Connell
800 14` Street
Key West, FL 33040 M
13. Miscellaneous.
(a) Time is of the essence of this Agreement.
(b) This Agreement, together with all documents incorporated herein by reference, if
any, constitutes the entire agreement between the Parties. There are no terms,
conditions or provisions, either oral or written between the parties other than those
contained in this Agreement.
(c) No amendment to this Agreement shall be enforceable, unless in writing and signed
by the Parties.
(d) Whenever the context may require, any pronouns used in this Agreement shall
include the corresponding masculine, feminine or neuter forms, and the singular
form of nouns and pronouns shall include the plural and vice versa. Captions
contained in this Agreement are inselied only as a matter of convenience and in no
way define, limit, extend or describe the scope of this Agreement or of any provision
herein.
WC V5A
Page 3 of
Packet P9. 918
C.22.a
(c) This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same agreement.
Any such counterpart signature pages may be attached to the body of one
agreement to fO lm a complete integrated whole.
(f) Any term or provision of this Agreement which now or hereafter is declared
contrary to any law, order, ordinance, requirement ruling or regulation of any
gove lrnnental authority, whether federal, state or local, whether now in force or
enacted or promulgated in the future, or which is otherwise invalid, shall be
deemed stricken from this Agreement without impairing the validity of the
remainder ofthis Agreement.
(g) This Agreement shall be governed by and construed in accordance with the law of
the State of Florida. The venue for any dispute arising under this Agreement shall
be a court of competent jurisdiction in Miami -Dade County, State of Florida.
(h) Neither Party hereto shall be entitled to recover special damages in the nature of
lost profits or consequential damages.
(i) The Parties to this Agreement arc acting as independent contractors and Qj
independent employers. Nothing contained in this Agreement shall create or be m
construed as creating a partnership, joint venture or agency relationship between CO
r
the parties. Neither Party shall have the authority to bind the other Party in any
respect.
G) In the event of any action or proceeding to compel compliance with, or with
respect to any breach of this Agreement, the prevailing party shall be entitled to
recover all reasonable costs and reasonable expenses of such action or proceeding
incILiding without limitation its reasonable attorneys' fees and costs incurred in
connection therewith regardless of whether any formal legal action is commenced
or whether such fees and costs are incurred at or in connection with trial or
appellate proceedings.
(k) Vendor sliall perftll m all of the Services under this Agreement in compliance with
all applicable federal, state and local laws, ordinances, rules, regulations, codes or
orders.
(l) Any failure by either Party at any time, to enforce or require the other Party's
compliance with any of the terms and conditions of this Agreement shall not
constitute a waiver of such terms and conditions in any way, or the right of the
non - defaulting party at any time to avail itself of any and all remedies it may have
for any breach of said terms and conditions including without limitation any right
to terminate this Agreement. The remedies of the parties provided for in this
Agreement shall be cumulative with all other remedies that either Party may have
against the other party at law or in equity.
wC V5.4
Page d of 7
Packet P9. 919
C.22.a
(rn} All of the covenants and agreements contained in this Agreement shall be
extended to and be binding upon the successors and assigns of the Parties.
Neither Party may assign this Agreement in whole or in part or assign, pledge or
otherwise transfer either party's obligations hereunder except with the prior written
consent of the non- assigning party, which consent shall not be unreasonably
withheld.
(o) The Vendor shall not subcontract any portion of the Services contemplated by this
Agreement without the prior written consent of WestCare, which consent may be
given or withheld in WestCare's sole and absolute discretion.
(Signature Page to follow)
CO
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LL
WC VSA
Page 5 of
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C.22.a
Rim motimmulm
IN WITNESS WHf :REOF, the Parties, by their duly authorized representatives, have executed
this Service Agreement as of the Effective Day noted above.
e W estCa re
G['€DANCE/ CARL£ CF�TER.
a Florida 5010 tint - f l or - profit corporati(m
By: 9�—�
Name: Sharon Crippen
Its: Senior Vice President
Date:_- kO! /e -m -&J Z ,2017
H Vender"
El- ANJFSS LLC,
a limited fiah company
Name: AMY 1 EE 6 a.v y le W
Its: Yr(:e- Pg1- c. -n
Date, 'Za .2017
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GICC su ooly Elaniess with two Ford Crown Victo vehicle
Maintenance specifications; one to be stationed in Key West at an Elanjess location and the
other in Marathon at GICC headquarters,
GICC wilt pay for the fuel and maintenance of the two vehicles used for Baker Act and March rnan Act
transportation. Eta njesswill coordinate the maintenancefor the CrownVictoria bcated in
Key West. invoices for routine maintenance (labor and parts) on the Crown Victoria will be
forwarded quarterly to GICC's Transportation Coordinator for payment. Elanjess will not
charge an extra fee for coordinating the maintenance of the vehicle. Elanjess must obtain
prior approval from the GICC Transportation Coordinator to initiate major vehicle repairs.
GICC will coordinate the maintenance for the Crown Victoria located in Marathon.
GICC wiil maintain insurance on both of the vehicles. Elanjess will also be named as an E
"additional insured" for these two cars. All Elanjess drivers operating GICC vehicles will hold o
a minimum of a Class E Florida Driver's License and be approved for GICC insurance 0
coverage by the Transportation Coordinator. Upon execution of this agreement, Elanjess will
fax /email to GICC's Transportation Coordinator a current list of drivers - including a copy of a
L
the driver's license and social security number for each driver - for approval to operate GICC Y
vehicles. Prior to adding a driver, Elanjess will fax or email to G /CC's Transportation m_
Coordinator or designee a copy of the driver's license, social security number and signed CO
"Request for Check of Driving Record" form of the person. GICC will initiate procedures to
add the driver to GICC vehicle insurance.Elanjess cannot use the driver for BAiMA transports
until it has received written notification that the driver has been added to the G /CC insurance °
coverage.
Packet Pg. 923
ortl {41' iitel
ViN
Donator from
2007
Croton Victoria
2FAFP71W97W'34976
4 -door - c aq e
MOSO BA4
KW Baker Ac;
Ford
VIN
Donaton from
2006
Crowr. Victoria
FAFP71 WX6X128 "48
k -ciir -cage
MCSO BA5
NA-Baker Act
Maintenance specifications; one to be stationed in Key West at an Elanjess location and the
other in Marathon at GICC headquarters,
GICC wilt pay for the fuel and maintenance of the two vehicles used for Baker Act and March rnan Act
transportation. Eta njesswill coordinate the maintenancefor the CrownVictoria bcated in
Key West. invoices for routine maintenance (labor and parts) on the Crown Victoria will be
forwarded quarterly to GICC's Transportation Coordinator for payment. Elanjess will not
charge an extra fee for coordinating the maintenance of the vehicle. Elanjess must obtain
prior approval from the GICC Transportation Coordinator to initiate major vehicle repairs.
GICC will coordinate the maintenance for the Crown Victoria located in Marathon.
GICC wiil maintain insurance on both of the vehicles. Elanjess will also be named as an E
"additional insured" for these two cars. All Elanjess drivers operating GICC vehicles will hold o
a minimum of a Class E Florida Driver's License and be approved for GICC insurance 0
coverage by the Transportation Coordinator. Upon execution of this agreement, Elanjess will
fax /email to GICC's Transportation Coordinator a current list of drivers - including a copy of a
L
the driver's license and social security number for each driver - for approval to operate GICC Y
vehicles. Prior to adding a driver, Elanjess will fax or email to G /CC's Transportation m_
Coordinator or designee a copy of the driver's license, social security number and signed CO
"Request for Check of Driving Record" form of the person. GICC will initiate procedures to
add the driver to GICC vehicle insurance.Elanjess cannot use the driver for BAiMA transports
until it has received written notification that the driver has been added to the G /CC insurance °
coverage.
Packet Pg. 923
C.22.a
All drivers are required to have at minimum 3 -year clean driving record. Additionally,
Elanjess will fax a copy of picture identification and social security number for each escort to
GICC's Transportation Coordinator or designee. Elanjess cannot use the escort for BAIMA
transports until it has received written notification that the escort has been approved by
GICC. All 13A/MA approved drivers must read and sign the acknowledgement of reading and
receiving (Attachment 1) Transportation Protocol.
Elanjess will report and document accidents involving GICC vehicles and incidents involving
clients to the proper authorities and immediately thereafter contact GICC. Following an
accident, GCC Vehicle Incident protocol must be followed. A Vehicle Incident Kit
(Attachment 4) has been provided for each vehicle with instructions. Additionally, anyone
involved in an accident with a GCC vehicle MUST BE DRUG TESTED as soon as possible
following the incident. Drug testing forms are included in the kit.
Any citations received while driving a GCC vehicle will be the responsibility of the driver.
Refusal or failure to accept responsibility for citations may result in removal of driving
privileges.
All drivers will be required to complete a verbal de- escalation training within 34 days of
approval to drive. GCC will provide details for accessing the training which will be available
on line. All BAIMA approved drivers must read and sign the acknowledgement of completing
the assigned training (Attachment 5).
Elanjess will follow the transportation protocol and complete the documentation provided as
Attachment 1 -3 herein.
Elanjess, upon approval of drivers, will issue an identification badge.
The following fee
Estimated
9 Roundtrips*
structure is establi for
Client Pickuo Point
the period of the agreement:
Elanjess
Ciient Drop -off Point Pavment
Key West
Key West
$115
Marathon
Marathon
$115
450 Key West
iviaratrion
4)1.1+0
Marathon
Key West
$145
Marathon
Key Largo
$145
Kev Larao
Marathon
$145
40
Marathon
Miami -Dade County
$385
Miami -Dade Countv
K La rao_ _
Miami- Dade_County _
$38
40
Kev West
Mia mi -Dade Countv
$385
GCC Preauthorization Required for All Trips Below
*Approval for belowfees will be granted only when the Marathon BA/MA vehicle is engaged
v, i b l2tbdr BA/UMriothat wo 00dwiluftailoot her pickup within a reasonab €e pe
io tijvvs
# Roundtrips
Location
Point
Client DePoo -off Point
Payment
5
Key West
Marathon & North
Marathon
$145
5
Marathon
Key West
Marathon
$145
2
Key West
Marathon & North
Key Largo
$225
3
Key West
Marathon & North
Miami -Dade Countv
$3 85
CO
U_
Rvt;Wrvwd. f1id 0916
2 Packet Pg. 924
C.22.a
GICC Preauthorization Required for All Trips Below
Estimated Elanjess
# Roundtrips* Client Pickup Point Client Dro12 -off Point Payment
Key Largo Avon Park (Area) $774
1 Marathon Avon Park (Area) $770
Key West Avon Park (Area) $770
Key Largo Up -State (McClenny Area) $1,200
1 Marathon Up -State (McClenny Area) $1,200
Key West Up -State (McClenny Area) $1,200
Timely payment for services rendered is ensured by adherence to the following invoicing a
procedures: _
Elanjess will submit one state mentslinvoice per rnonth, within 5 business days after
the end of the billing period.
Elanjess will include required documentation with each statement invoice.
- Elanjess statern e nts/i n voice s for BA/MA trips will be submitted to the attention of E
G /CC Inpatient Unit Coordinator, 0
GICC's Inpatient Unt CoordinatorwiII review state menthnvoice, mediate any
discrepancies with Elanjess, and forward approved invoice to GICC Finance Q
Department.
Elanjess will submit vehicle maintenance bills for the KW car quarterly to the m
Transportation Coordinator
CO
GICC will mail payment to Etanjess within 14working days (Finance Department)
upon receipt of statement 'invoice by the Inpatient Unit Coordinator. U_
Attachments:
1. GICC Transportation Protocol
2. GICC Transportation Record and Payment Authorization Sheet
3. Statement
4. Vehicle Incident Kit
5. De- escalation attestation
Packet Pg. 925
C.22.a
ATTACHMENT 1
GUIDANCE /CARE CENTER TRANSPORTATION PROTOCOL:
THE TRANSPORTATION OF BAKER ACT AND MARC HMAN ACT CLIENTS
A. Client Related Rules:
1. Confidentially of a client and client related information shall be maintained at all
times.
2. Each client shall be treated with respect and dignity at all times.
3. No information with client information shall leave the clinic unless part of a client
transfer packet to a designated facility. (No driver /escort shall maintain a personas
copy of the Transportation Record and Payment Authorization Sheet.)
4. Client transportation within Monroe County may be conducted with a driver and an
escort.
5. Client transportation outside of Monroe County must be made with one driver and 0
one escort. ad
6. A client must be observed for any unusual behaviors including hurting self /others or a
sudden medical conditions. Respond to a medical emergency by calling 911. L
Otherwise, contact the nurse at the transferring (pick -up) facility for consultation.
7. At the time of pick up for a Baker Act or Marchman Act client, a driver must obtain
the original Baker Act or Marchman Act paper work from the Pick Up facility. If the co
r
original paper work is not available the driver must immediately report this
information to the G /CC Nurse on Duty for further instructions. o
8. A female client requires a female escort or a female driver.
9. A parent is not allowed to travel in the Baker Act vehicle with a Baker Act or
Marchman Act minor.
When a parent or other responsible party reports he/she plans to follow the
Baker Act vehicle, the BakerAct driver advises the parent /party that our
primary responsibility is to the child and ensuring the safety of the child
therefore following our vehicle as a method of direction is not encouraged.
10. Only one client may be transported at a time in the Baker Act vehicle.
11. Drivers, Escorts and Clients are not to smoke in the car at any time.
12. Clients are not to be placed in handcuffs or any type of restraints for any reason by a
driver or escort — or to be placed in the vehicle by others (i.e. Law Enforcement) in
handcuffs or any type of restraints
13. A client's movement is not to be impeded with any physical restraint unless directed
by nurse /MD /law enforcement officer.
14. If a client is violent during transport and poses a threat to safety, stop the vehicle and
call 911, than notify the Nurse on Duty of the situation at (305) 434 -7660 ext. 31123
15. A client shall not be left alone in the vehicle during the trip for any reason.
16. A client shall be under the observation of the driver or escort at all times during the
transport.
17. Client is encouraged to use restroom facilities prior to departure. If the trip is
generated from Key West and a stop is required, the G /CC may be used for that
purpose.
Packet Pg. 926
C.22.a
18. A client may not use aluminum or metal cans. Items for drinking shall be provided
only in a plastic container.
19. Clients may not have any metal utensils, glass or other hard products such as
pencils or pens.
20. A client may not shop during a stop. All efforts should be made to avoid stops. If a
stop is required, R should be short and without delay.
21. If a client must use a public facility, the client must be escorted to the restroom and the
driver must remain outside the restroom door until the client leaves the restroom.
The driver will remain in conversation with client while the client is in the restroom.
B. CoordinationofTransportation Rules:
1. Transportation arrangements for Baker Act and Marchman Act clients are under the
direction of the Unit Nurse on Duty GICC per contractual arrangement Elanjess LLC.
12. When a driver reports a client is too dangerous to transport, the nurse on duty shall
work with the Sheriff's department to transport the client
13. If a client absconds at time of or during transport, immediately report the information
to the GICC Nurse on Duty. Do not go after the client.
14. Neither Drivers nor Escorts are permitted to physically restrain a client.
15. "Jail Hold" clients from the Monroe County Detention Facility shall be picked up from
Rvsdllfn 9.2016
-2-
Packet Pg. 927
No other agency is authorized to contact Elanjess directly for transportation. c
2.
Final decision for a driver to transport is made by the nurse on duty. The nurse may L)
request a BAL be conducted or send a drivers escort home if he/she has a concern. w
3.
"A driver shall not be permitted or required to drive more than 12 hours in any one a
24 -hour period, or drive after having been on duty for 16 hours in any one 24 -hour Y
period. " m
4.
All trips will be made within the approved fee structure.
5.
CO
All trips will be made using the closest vehicle and the shortest distance unless
preauthorization is obtained from the Unit Nurse on Duty at the GICC. U_
6.
Clients may be picked up at only approved locations. The GICC Nurse on Duty will o
communicate the pick -up location. Approved locations will include: 0
Hospitals, Detention Facility M
Mental Health Clinics, Anchor Away L
With a G /CC staff member
9r otherwise authorized by the G /CC I Unit Coordinator m
7.
Depoo Hospital . Pick -up I drop -off is now located in the rear next to the handicap
parking. Upon arrival, call the nurse's station directly from the vehicle at 305 -294-
5531 x8330. Hospital staff will escort the client to /from the building.
8.
Pick -up /drop -off is atthe ER entrance. Upon arrival, call 305- 294 -5531 x3202. _
Hospital staff will escort the client to /from the building.
9.
At GICC: Use the telephone call box next to the elevator.
10.
At G /CC, staff members shall place the client in the vehicle for departure and will
assist the client from the vehicle at time of arrival -
11.
The facility responsible for the departing client for a trip longer than 2 hours shall
provide a brown bag snack, All minors shall be supplied with a snack for any trip
over 1 hour.
12. When a driver reports a client is too dangerous to transport, the nurse on duty shall
work with the Sheriff's department to transport the client
13. If a client absconds at time of or during transport, immediately report the information
to the GICC Nurse on Duty. Do not go after the client.
14. Neither Drivers nor Escorts are permitted to physically restrain a client.
15. "Jail Hold" clients from the Monroe County Detention Facility shall be picked up from
Rvsdllfn 9.2016
-2-
Packet Pg. 927
C.22.a
the Sallyport area only. To access the Sallyport area, the driver must drive the car
within 1 foot of the Sallyport entrance. If the door does not open, the escort must use
the speaker mounted on the wall next to the Sallyport entrance to request entrance.
Once inside, Detention Facility staff will tiring the client to the car. When the client is
inside the car and the doors are locked, the Sallyport area exit doors will open.
15. The driver /escort must determine from the Pick Up facility If the client has been
searched and encourage staff to conduct a search prior to transport. If the client is
not searched prior to transport, the driver must communicate this Information to the
Duty Staff Member prior to opening the client door at the Designation point.
17. Driver /escort MUST respond to the pick up point within a maximum time -frame of
1 hour and 15-m inutes.
C. Reimbursement related rules
1. All cancelled and otherwise diverted trips will be reported on the Transportation c
Record and Payment Authorization Sheet. U
2. Transportation Record and Payment Authorization Sheets and a Statement of
w
services rendered will be faxed to the IP Unit Coordinator on the first and sixteenth a
of each month.
3. GICC does not reimburse Elanjess for cancelled trips. Compensation to the m
drivers /escorts for cancelled trips is at the discretion of Elanjess,
co
4. If the driver arrives without the original Baker or Marchman Act paperwork, Elanjess
will obtain the paper work without charge to the GICC. U-
D. Other
1. Drivers must wear their Elanjess issued ID badge at all times
I acknowledge I have received and read the above BAIMA Transportation Protocol.
Driver /Escort Signature
Printed Name
Date
Rvs{i/Ifii7 9.2016
-3 - Packet Pg. 928
F. I I &TQ M E I LTA I WL w
GUIDANCE/CARE CENTER
3000 41 ST. Ocean
Marathon, FL 33050
Voice 305-434-7660 • Fax 305-434-9040
TRANSPORTATION RECORD AND PAYMENT AUTHORIZATION SHEET
Transportation Type: ❑ Baker Act ❑ Marchman Act
Date: Client Name DOB- 0
Time Called: Time of Pick Up:
Time of Drop Off: Time van returned to Duty:
E
E
Vehicle: KW vehicle Mar vehicle 0
0
Place of Pick Up
(Where did you pick up the Client: Facility Name/City)
Co
Authorized Staff Signature at Pick Up Facility:
Time: U_
Destination:
[Where did you take the Client: Facility Name/City)
Authorized Staff Signature at Designation Facility:
Time:
(Staff member accepting client)
Driver Name:
Escort Name:
Beginning Miles: Pick Up Miles:
Drop Off Miles: Ending Miles: E
----------------------- -------
1 FOR G/CC USE ONLY-
Amount to be paid:
Unit Director Signature:
------------------------ ----------------------------------------------- ------------------------------------------------------------------------------- -------- .........
ftestca re - I o c ali F i lesXF L- GCOG Iob al S h a re%Tra ns p orl atio n\Bake r Act\ 16-17 ela njessN 16-17 Attachment 2 - a u [h she et -do c Packet P9. 97297]
RVS00912
C.22.a
Attachment 3
Statement
Date:
Eianjess LLC
84014th Street
Key West, Florida 33640
Inpatient Unit Coordinator
Guidance /Care Center
3000 41 st St. Ocean
Marathon, FL 33054
Re: Baker Act and Marchman Act transportation
Thefollowi ng is a break down for trips from to
Date Name Pick Up Cast Vehicle
Designation 1 ? 3
7
TOTAL
Elan}ess LLC Representative Signature GICC Finance Director or Designee Signature
co
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tlwestcare .tocallFilesTL- GCCi0iatrat 5harelTransportationMaker A016 -17 eIanjessl16 -47 Attachment 3 - 6tatement for EIanj es. doc
Rvsd: 16l103VWd:0914
Packet P9. 330
Attachment 4 C.22.a
Vehicle Incident Kit
Contents:
Vehicle Incident- Protocol and Reporting Policy
Vehicle Incident Report Form CO
U-
Vehicle Incident- Passenger /Witness Statement Forms*
U
Vehicle Incident Traffic Diagram M
Disposable Camera
12 Pens
*Number of Statement Forms Required is to equal vehicle passenger capacity
plus an additional two for other witnesses.
* * Drivers are responsible for Making sure this kit is complete at all times.
Packet Pg. 331
C.22.a
Vehicle Incident Protocol and Reporting Polic
(Vehicle Incident Kit Copy)
DO IMMEDIATELY:
I. Immediately after the incident, examine and question persons for bodily injury and then
examine vehicle for damage.
2. If there is an accident involving another vehicle or if persons involved require
immediate medical attention. call 911 or 311 accordingly.
3. If involved persons do not report injury, authorities still need to be contacted and a police
report re quested. If the request for police report is declined, the reason and dispatcher name
and badge number need to be noted.
4. After authorities have been called, your supervisor needs to be called.
DO NOT:
1. DO NOT admit fault if you are truly not at fault.
2. DO NOT leave the scene of an accident.
3. DO NOT drive the vehicle if you feel it is unsafe.
4. DO NOT drive the vehicle if you feel physically incapable of driving safely.
5. DO NOT discuss the .incident with anyone other than law enforcement authorities, your
supervisors, or a claims adjuster from York CIainns Service Inc.
co
r
GATI IF:R INFORMATION &COMI "LE - l'I I N C I D ENT R EPORT: >_
I . An incident will lie defined as any occurrence that resulted in damage to the vehicle and/or
injury to any person. Damage to a vehicle will be dened as anything that resulted in the v
fi
property not being left in the same condition as before the incident. M
2, Locate and complete the Vehicle Incident Form, complete all the information requested M
L
regarding incident and parties involved and take photos of damage with camera provided.
3. All passengers and other available witnesses, if applicable, need to complete the statement m
form.
4. After police report has been completed (if it was not declined), persons have been cared for a
(if injury occurred), and vehicle is operational, return to the office. n
S. Any and all vehicle incidents must also be reported electronically upon return to the office
by attending supervisor by transferring; information from Vehicle Incident Form. The
incident report will be completed online by logging into the Westcare Intranet at v
hens / /sectire.w estcare.com/intra/. c?
5. An additional ernail must also be sent by the attending supervisor to the following
management staff summarizing the incident and action taken; Program Director /Coordinator, E
Area Director and/or Vice President, and Michael Lavin, Sr. VP of Operations. a
7. Supervisor will await further instructions by Program Director/Coordinator and/or Area Q
DirectorNice President and Michael Lavin, Sr. VP of Operations.
MANDATORY DRUG TEST
The driver of the vehicle involved MUST immediately take a drug test upon completion of the
Vehicle Incident Report Form. The driver's supervisor will provide the documents needed for
the designated laboratory.
Approver/ F ! Senior Mcmagemetit 712009
Packet P9. 932
C.22.a
Westcare Vehicle I nci dent Report Form
gage l of 3
This form is to be completed by driver immediately after a vehicle incident, when all persons involved have
been checked for injury and provided medical attention (if applicable), and while all parties are still present,
Basic Information:
Incident Date and Time:
Incident Location,
Were Authorities called? Yes 1 No
If no, explain why`?
If yes, was a police report request granted? Yes 1 No
If yes, list police report number and attending officer name:
If no, list reason why it was declined?
Dispatcher Name and Badge Number:
Was citation issued`? Yes or No If yes, to wham:
Westeare Vehicle Information CO
r
Year /Make/Model:
LL
VIM: - Plates: state: a
Description of Damage: v
M
PIease take pictures of damage with disposable camera provided in 'Vehicle Incident Kit, C
Driver Information
Driver Name and Job'ritle:
Driver L icense Number: State:
Involved Party 1:
Year /Make /Model:
Role in h}cident:
Description of Damage: _
Please take pictures of damage with disposable camera provided in Vehicle Incident l"Lit,
insurance Company: Claims Phone:
Policy # License; #
Driver Name: Phone:
Injured? Yes or No If'yes, explain:
Passenger I Name: _ License �# _—
Injured? Yes or No If yes, explain:
State:
State:
Packet P9. 933
C.22.a
Passenger 2 .Name:
Injured? Yes or No If yes, explain:
Passenger 3 Name:
Injured? Yes or No If yes, explain:
(Attach sheet ifniare passengers present)
Involved Party 2
Yearimake /Model:
Role in Incident:
License 4
Page 2 of 3
State:
State:
Description of Dainage:
Please take pictures of damage with disposable camcxa provided in Vehicle Incident [fit,
Insurance Company: _ _
Claims Phone:_
Policy #
License # —
Driver Name:
Phone:
Injured? Yes or No If Yes, explain: _..
Passenger 1 Narue:
License #
Injured? Yes or No If yes, explain:
- -�� --
Passenger 2 Name: _
License 4
Injured? Yes or No If yes, explain:
Injured? Yes or No If yes, explain: __
(Attach sheet if more parties involved)
Passengers Present in Wes_t_care Vehicle
All passengers must complete a Vehicle Incident Passenger Statement Form.
1. Staff or Client
Name: Injured? Yes or No
If Yes, explain:
2. Staff or Client
Name: Injured? Yes or No
If Yes, ex plain:
License #
State:
State:
3, Staff or Client
U
Name: Injured? Yes or No Q
If Yes, explain: ----- -- _ —�-
4. Staff or Client
Name: Injured? Yes or No
If Yes, explain; _ Packet P9. 334
State:
State: CO
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C.22.a
5, Staff or CIient
Name:
If Yes, explain: _.
G, 4(afl' of Cliciu
Name;
If Yes, explaiva;
7. Staff or Client
Name:
If Yes, explain:
8. Staff or Client
Name:
If Yes, explain:
(Attach sheet if more passengers present}
Detailed Explanation of7ncident:
Injured? Yes or No
Injured? Yes or No
Was this a preventable incident? Yes or No
Explain why or why not:
I confirm the iatformation provided in this report is as accurate to my knowledge aid as thorough as possible
Name: Signature:
*This report nimt be sent to the attending supervisor as promptly as possible. Attending supervisor must con tplete and
svbrnit an electronic inoident report via (fie Westcare lnttarnet and cmaiI intenngatinent.
* *The Driver ortlae Westcnre vehicle naust take, a drug fast, as required by company policy, immediately after the vehicle
incident and attending supervisor needs to know the time ofcompletion.
Approved by Senior Alanagemens 712009
Injured? Yes or No
Injured'? Yes or No
Page 3 of 3
CO
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Packet P9. 935
C.22.a
Westcare Vehicle Incident Passenger/Witness Statement Form
Name:
Are you Westcare Staff, a Westcare Client, or Other`?
Are you a Driver, Passenger or Dtlhcr Witness?
If Othex Witness, please list Contact Information:
Address:
City:
Phone: - -. - --
Incident Date and Time:
Inciden[ Location:
Westcare Vehicle Makc/ModeI:
Description of Incident/Event:
!ip --
I
Are you injured? Yes or No
If yes, please explain: _.._..
I was offered medical evaluation: Yes or No
If yes, I: Accepted or Declined Signature:
I certify that the above information is as accurate to my knowledge mid as thorough as possible.
Signature Date
This Form will be furwarded to attending supervisor to be part of the Vehicle Incidunt Report.
'l. - h ank you for your cooperation.
Approved by Senior Manugenwit 712009
S L.
CO
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Packet P9. 936
C.22.a
Westeare Vehicle Incident Pas%en er(WitneKy Statement Form
Name:
Are you Westeare Staff, a Westeare Client, or Other?,
Are you a Drive, l' ISSer1gel () ()lheT WiLICS'Sr
If Other Witness, please list Contact Information:
Address:
City: St: _Zip
Phone: {
Incident Date and Time:
Incident Location:
Westeare Vehicle Make/Model:
co
Description of Incident/Event:
U_
Are you injured? Yes or No
If yes, please explain:
I was offered medical evaluation: Yes or No
If yes, 1: Accepted or Declined Signature:
I certify that the above information is as accurate to my knowledge and as thorough as possible.
Signature
Date
'Phis form will be forwarded to attending supervisor to be part of the Vehicle Incident Report.
Thank you for your cooperation.
Jpproved by Seneor Managenmw 712009
5. G.
Packet P9. 937
C.22.a
Westeare Vehicle Inelclent Passer werlWitness Statement Form
Name:
Are you Westcarc Staff, a Westcare Client, or Other?
Are you a Driver, Passenger or Other Witness?
If Other Witness, please list Contact Information:
Address:
City: St: ,_ -- lip
Phone: —
Incident Date and Time:
Incident Location:
Westeare Vehicle MakelModel:
Description of Incident/Event:
Are you .injured? Yes or No
If yes, please explain:
I was offered tnedical evaluation: Yes or No
If yes, I: Accepted or Declined Signature:
I certify that the above information is as accurate to my knowledge and as thorough as possible.
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Signature Date
This fonn will be forwarded to attending supervisor to be part of the Vehicle Incident Report.
Thank you for your cooperation.
t
Approved by So for Management 712009
S L.
Packet P9. 938
C.22.a
Westcare Vehicle Incident Passenar /Witness Statement Form
Name:
Are you Westcare Staff, a Westcare Client, or Other?
Are you a Driver, Passenger or Other Witness?
If Other Witness, please list Contact Information:
Address:
City: St:
Phone: (� -
Incident Date and Time:
Incident Location:
Westcare Vehicle Make/Model:
Description of Incident/Event:
Are you injured? Yes or No
If yes, please explain:
I was offered medical evaluation: Yes or No
If yes, I: Accepted or Declined Signature:
I certify that the above information is as accurate to my knowledge and as thorough its possible
Signature Date
This form will be Forwarded to attending supervisor to be pail of the Vehicle Incident Report.
Thank you for your cooperation.
'Lip
co
LL
Approved by Senior Management 712009
SL
Packet P9. 939
Additional Sheet for More Taf6imation
CO
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Approved by Senior Mrinugement 7120OS;
1 9 ,
I Packet P9. 940
C.22.a
Traffic Diagrams
tntersectian
Highway /Street
3
3
�4
N
W#t!t
s
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��'� Packet Pg. 941
C.22.a
Attachment 5
GUIDANCEICARE CENTER, INC.
300041 ST STREET, OCEAN
!MARATHON, FL 33050
(v) 3051434 - 13000 7'660 1(f) 3051434 -9040
I acknowledge I have completed DE-ESCALATION TRAINING
http: / /www.bing. com /videos/ search?g =De+ Escalation+ Training +Video& &view= detait &mid =AC9
FB1689A985EE5E794AC9FB1689A985EE5E794 &FOR[M= VROGAR
Driver /Escort Signature
Printed Name
Date
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Packet Pg. 942
C.22.a
ATTACHMENT E
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work., may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither h Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the laonths.
I
- 1
( ignature)
Date: 4 I
STATE OF: �06�
COUNTY OF: l I tww—
CRA
Subscribed and sworn to or affirmed) before me on t7�x� 41 2+" -7
(date) by (name of affiant). Sh is personally
known a or has produced (type of identification) as
identification.
mt, a Q-,A�
NOTARY PUBLIC
My Commission Expires:
CAROL A. f7QCD
Notary PublIC - Stat
My Comm. Expires J
Commission 8 FF
co
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Guidance Care Centar— Transpottation: Baker Act and CTD FY18; page 15
Packet Pg. 943
C.22.a
ATTACHMENT F
SWORN STATEMENT UNDER ORDINANCE NO. 0 10- 1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
G� L d c, cc— C C4 Gf 1 V�- t
(Company)
"...warrants that he /it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 0 10- 199 0 or any County officer
or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
V V I
(Signature)
Date: i A Lj is
STATE OF: _
COUNTY OF: ff Wo -b
Subscribed and sworn to (or affirmed) before me on Pa. GV
(date) by n! (name of affiant). He4
k me o r has produced
identification) as identification.
CAROL A. OOCHOW
f r" Notary Pub% - State of Florlda
My Comm. Exp lies Jun 7. 2018
Cumrnlssio,t # FF 104258
(type of
NOTARY PUBLIC
My Commission Expires:
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Guidance Care Canter — Transportation: Baker Act and CTS FY16; page 16
Packet Pg. 944
C.22.a
ATTACHMENT G
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
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` 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 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or 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.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature)
Date: !/
STATE OF: r-nd.a
COUNTY OF: MO 6&
Subscribed and sw o f or affirmed) before me
fi ll ra j,
or has produced
identification.
(name
on 1w - 4- P] -� (date) by
of affiant }. Hel h is personally known tom
ty t e ntification} as
Lbk�
NOTARY PUBLIC
My Commission Expires:
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Guidance Care Center — Transportation: Baker Act and CTS FY 18; page 17
Packet Pg- 945
" ` Y' '
CAROB_ A. I]OCHOW
Notary Public State Florida
- of
My Comm. Expires .tun 1, 2018
Commisslon # FF 104258
(name
on 1w - 4- P] -� (date) by
of affiant }. Hel h is personally known tom
ty t e ntification} as
Lbk�
NOTARY PUBLIC
My Commission Expires:
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Guidance Care Center — Transportation: Baker Act and CTS FY 18; page 17
Packet Pg- 945
ATTACHMENT H
FY18 Annual Performance Report
(For year October 1, 2017 — September 30, 2018)
Agency Name
POC
Phone/Email
Grant Amount
Per Section 8 of your contract, it is required that you fill out the entire form and answer every
question.
Narrative on the FY18 Performance (i.e. successes, challenges, etc):
Questions:
1. Please list services and client information below for the program/activities funded by the Monroe
County award.
Services
Target Po ulation
# of persons in
target population
Total # of clients
served in FY18
Unduplicated Clients Served
2. What were the measurable outcomes (including numbers) accomplished in FY18? Please base
these outcomes on the services you identified in Question #1.
3. What number and percentage of your clients/participants were at or below the federal poverty level
in FY18; and/or 200%; and/or another standard used by your organization?
4. Were all the awarded funds used in FY18? If not, please explain.
5. What is the number of FTEs working on the program(s) funded by the award in FY18?
I
Guidance Care Center — Transportation: BakerAct and CTD FY18, page 18
6. Were the awarded funds used as match in FY18? If so, please list matching sources.
7. What area of Monroe County did you serve in FY18?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY18.
10. What was the CEO /Executive Director (or highest paid title) compensation in FY18? (Please
breakdown between salary and benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FY18 IRS Form 990. If
your FY18 IRS Form 990 is not yet prepared, please provide an estimate for the following
questions.
12. What were your organization's total expenses in FY18?
13. What was your organization's total revenue in FY18?
14. What was the organization's total in grants and contracts for FY18?
15. What was the organization's total donations and in -kind (fundraising) in FY18?
16. What percentage of your expenses are program service expenses versus management and general
expenses in FY18 as reported on your IRS Form 990?
(Program service expenses are defined as expenses needed to run your programs. Management and
general expenses encompass expenses such as fundraising, human resources, salaries of those not
working directly with programs, legal services, accounting services, insurance expenses, office
management, auditing, and other centralized services.)
Guidance Care Center — Transportation: BakerAct and CTD FY18, page 19