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Item C31 �,,.-® BOARD OF COUNTY COMMISSIONERS County of Monroe :�� Mayor Sylvia J.Murphy,District 5 The Florida Keys r ` c Mayor Pro Tem Danny e L.Ko1ha District I ) a y g Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 Commissioner David P.Rice 9400 Overseas Hwy., Suite 210 Florida Keys Marathon Airport Main Terminal Marathon, FL 33050 Boccdis4@a,monroecounty-fl.gov 305-289-6000 Interoffice Memorandum Date: May 15,2019 To: Kevin Madok, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 404,7434___ RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, 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 May 22,2019 BOCC meeting,I will abstain from the vote on item(s): #C-35 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 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,C MMISSION,AUTHORI 0 COMMITTEE RICE OAvio PAY W �lonrva Cau+nv Coar�L o :ai tnr ,5Ion MAILING ADDRESS/� C !( * / THE BOARD,COUNCIL,COMMI%ION,AUTHORITY OR COMMITTEE ON �g 7 33 r ►O rG b( r-(L Gam,I^ • WHICH I SERVE IS A UNIT F: LI CITY u COUNTY CITY COUNTY ❑OTHER LOCALAGENCY fflara9-kon /1/� -O¢O rtr -- N/AMME OF POLITICALLSUUBDIVISI N: DATE ON VVHICI I VOTE OCCURRED ! r r ' " '�n�aQ- '�-CJ n MY POSITION IS: �ELECX. TI E 0 APPOINTIVE WHO MUST FILE FORM 8B 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 orappointed 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 or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)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 on:fy the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE 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_the 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. ,Q DISCLOSURE OF LOCAL OFFICER'S INTEREST • I, Daavl d P- CAI�-Q- , hereby disclose that on .3 22— ,20 l 1 (a)A measure came or will come before my agency which (check one or more) NSA v,{ /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. Oahe 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�35 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. Date Filed (J • Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY•REQUIRED DISCLOSURE 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 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. f �,,,„o BOARD OF COUNTY COMMISSIONERS County of Monroe a �r Mayor Sylvia J.Murphy,District 5 The Florida Keys ' Mayor Pro Tern Danny L.Kolhage,District 1 rj Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 Commissioner David P.Rice 9400 Overseas Hwy., Suite 210 Florida Keys Marathon Airport Main Terminal Marathon, FL 33050 Boccdis4@monroecounty-fl.gov 305-289-6000 Interoffice Memorandum Date: May 22, 2019 To: Kevin Madok, Clerk of the Court County Clerk's Office /1/4,74,4_. ____ From: Commissioner David Rice,District 4 .. RE: AMENDED NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, 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 May 22,2019 BOCC meeting,I will abstain from,the vote on item(s): #C-31 and C-35 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 J. County of Monroe "`' BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J.Murphy,District 5 The Florida Keys {� Mayor Pro Tern Danny L.Kolhage,District 1 °A Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 Commissioner David P.Rice 9400 Overseas Hwy., Suite 210 Florida Keys Marathon Airport Main Terminal Marathon, FL 33050 Boccdis4@monroecounty-fl.gov 305-289-6000 Interoffice Memorandum Date: May 15,2019 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 112.3143, 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 May 22,2019 BOCC meeting,I will abstain from the vote on item(s): #C 35 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 4 ; ', FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME �/ NAME OF BOARD,COUNCIL,C MMISSION,AUTHORI 0 COM MITTEE , ( C M E ®AVo PAY f' E Montty Cowl-t0 Soar-L a. (.:0 Avri(e'(Olj MAILING ADDRESS THE BOARD,COUNCIL,COMMIION,AUTHORITY OR COMMITTEE ON f 1 33 I ' '0 c 4 no b( e^c La A► • WHICH I SERVE IS A UNIT F: CITY COUNTY CITY COUNTY ❑OTHER LOCALAGENCY ' 'I aIaL)o o tY1a rp ro9— NfAMME OF POLITICAL 5U,BDIVISII N:� DATE ON WHICH VOTE OCCURRED f ' 'o n O IS: WU n MY POSITION IS: a ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B . • 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 tb the special private gain"or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) 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-law.A"business associate" means any person or 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE 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 Adopted by reference in Rule 34-7.010(1)(f), AGE 1 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 the 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, .Davi d ,hereby disclose that on lea j ZZ- - , 20 (a)A measure came or will come before my agency which (check one or more) Af(11- 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. O►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.- 35 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. Z01"1 � s r Date Filed / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 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 88-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,C MMISSION,AUTHOR! 0 COMMITTEE �LCE OAvI0 PAYUE (lonrva_Coviniv aoar-L co Commr --35r'onus MAILING ADDRESS IIJJ 1 / THE BOARD,COUNCIL,COMMISI�ION,AUTHORITY OR COMMITTEE ON 7 33 m o(:f�i no b r-�e WHICH I SERVE IS A UNITTF: (/ CITY 'VI COUNTY 0 CITY COUNTY CI OTHER LOCALAGENCY ara g-kon Mo rt ro9— NAAMME OF POLITICAL S`UUBDIVISI N: DATE ON VVHICH VOTE OCCURRED I , i ' " 'o n WU rl • MY POSITION IS: ELECTI E 0 APPOINTIVE WHO MUST FILE FORM 8B 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 or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) 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-raw.A"business associate" means any person or 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE 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. 1 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:the • 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. • r1 d DISCLOSURE O.F LOCAL OFFICER'S INTEREST I, .av P I L_ hereby disclose that on Ca.(� 20 / (a)A measure came or will come before my agency which(check one or more) WM- 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. (b)The 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(.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. .a(j/� Zz, 20 t Date Filed U • Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 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 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. C.31 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: C.31 Agenda Item Summary #5568 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510 N/A AGENDA ITEM WORDING: Approval of a contract between Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County Transit) and the Community Transportation Coordinator, Guidance Care Center, Inc., for the contract period of 7/1/2019 to 6/30/2020. This is a non-monetary partnership/collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged. ITEM BACKGROUND: This contract is required by the State of Florida Commission for the Transportation Disadvantaged to ensure a partnership between the Community Transportation Coordinator, Guidance Care Center, Inc., and Monroe County BOCC/Monroe County Social Services (Monroe County Transit) for coordination and collaboration of services to Monroe County's transportation disadvantaged. PREVIOUS RELEVANT BOCC ACTION: Approval of Annual Contract between the Community Transportation Coordinator, Guidance Care Center, Inc., and Monroe County BOCC/Monroe County Social Services (Monroe County Transit) by BOCC 06-20-2018. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: BACKUP CTC contract 6-20-18 CTC Contract 7-1-2019 FINANCIAL IMPACT: Effective Date: 07/01/2019 Packet Pg. 920 C.31 Expiration Date: 06/30/2020 Total Dollar Value of Contract: $ 0 Total Cost to County: $ 0 Current Year Portion: $ 0 Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: N/A Grant: County Match: Insurance Required: No Additional Details: Non-Monetary partnership/collaboration REVIEWED BY: Sheryl Graham Completed 05/06/2019 2:28 PM Pedro Mercado Completed 05/06/2019 3:31 PM Budget and Finance Completed 05/07/2019 12:19 PM Maria Slavik Completed 05/07/2019 3:51 PM Kathy Peters Completed 05/07/2019 8:12 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 921 C.31.a County of Monroe Mayor David Rice,District A The Flonda Keys Mayor Pro'rem Sylvia 1.Murphy,District / Danny L.Kol a e,District 1 / j George I eugent,District 2 Feather Carruthers.District County Commission Meeting June 20, 2018 Agenda Item Sununary #4232 ... . . .n m ....................... ........ - --... BULK ITEM: s dial Services TIME ® STAFF CONTACT: Sheryl Graham (3 5) 2- 51 N/A cv AGENDA ITEM WORDING: Approval of a contract between Monroe Countyoar f County Commissioners/Monroe Couty Social Services cue County sit) and the Community Transportation car inarg Guidance Care Center, Inc., for the contract period of 7/1/2018 to / /2 19® This isnon-monetary rs i / i oration contract required by the State of Florida o issio for the Transportationisa v to 4 trs ® This contract is required y the StateFlorida Commission for the Transportation Disadvantaged sure a partnership betweeniTransportation N Coordinator, Guidance Care Center, Inc., and Monroe County BOCC/Monroe County Social Services (Monroe CountyTransit) for coordination and collaboration of services to Monroe County's transportation isa v o . 0 PREVIOUS RELEVANT BOCC ACTION: trs trs Approval of Annual Contract between the Community Transportation C®car ina r, Guidance Care Center, Inc., and Monroe Countyn Social ices(Monroe County Transit) by BOCC -21®2 17. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval CTC Contract 18 1 CTC Contract BACKUP 06/20/2018 Contract Packet Pg. 922 C.31.a FINANCIAL IMPACT: Effective : 07/01/2018 Expiration : 06/30/2019 Total Dollar Value of Contract: ,, Total Cost to Current rPortion:a Budgeted: Source of Funds: FI: IndirectCosts: Estimatedi s Not Included ve dollar : Revenue Producing: If yes, t: NIA Grant: County Match: Insurance it Additional mm...Details: Non-Monetary ersil 1 r 00 fREVIEWED BY: Sheryl Graham Completed / 5/ :35 PM Pedroerc ea Completed 06/05/20182: 5 PM Budget and Finance Completed 06/05/20182:28 PM Maria Slavik Completed / / 1 : 1 PM Kathyeters Completed 06/05/2018 Board of County CommissionersCompleted /2 / 1 �s Packet Pg. 923 Execulted Effective: 07/01/18-6/30/19 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINAT GUIDANCE/CARE CENTEFi INC., designated pursuant to Chapter 427, F.S., to serve the 'transportation disadvantaged for the community that Includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective JAI Kj,_2018, and will continue through F June 30, 2019. WHEREAS, the Coordinator is required, under Rule 41-2.011, F.A.C., when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and ICU 0 U WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and 00 WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the Coordinator. E WHEREAS, this Contract allows for the provisions of transportation services be provided by the 2 Agency/Operator, in accordance with Chapter 427, F.S., Rule 41-2, F.A.C., and the most current < Community Transportation Coordinator policies. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: THE AGENCY/OPERATOR SHALL X Provide services and vehicles according to the conditions specified in Attachment 1. B. Coordinate available resources and make available transportation services to the Coordinator. Such services shall be provided in accordance with Attachment I. This Packet Pg. 924 T o C.31.a contract currently excludes the coordination of Medicaid tropes, A separate Medicaid transportation contract will be negotiated., Every three ( ) months, uu mit to the o r i n for a QUarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding r in tion activities our the designated service area. "Die reported data will include information regarding all transportation provided y theAgency/Operator g y/Op astir (including but riot upu�not d t T , Medicaid...) ...Fhreport ort small be prepared rn forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms. p Comply with audit and record keeping requirements by: 6. Utilizing the Commission recognized Chart of Accounts defined in the imnrj io Accountirn .............................................. un Model Uniform rr................. n nfpu,uu .. for Rural an uallu Tr n� . rtato rn roviders (uniform a ou.un""t ng y tern) for all transportation � disadvantaged accounting sting and reporting purpose& g ncies/Op erators with existing � and equivalent accounting yst m are not required to adopt the Dart of ACCOUnts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using ng -tuna chart of accounts and accounting definitions as outlined in the above referenced rnanuaL 00 2. Maintaining and fulling with the Coordinator such progress, fiscal, inventory and inner reports as the Coordinator may require during the period of this con-tract, 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits rn uu t d by the Coordinator will be at this expense of the Coordinator,. IL �s E„ IRetain all financial records, supporting documents, statistical records, and any other documents pertinent rnt to this Agreement for a period of five ( ) years after termination of this Agreement. If are audit has been initiated and aUdit timings have riot been resolved at the end of the five- ( ) years, time records shall I a retained until resolution of the audit findings. � rhe Agency/Operator small assure that these records Ihnall be subject to inspection, review, , r audit at all reasonable tornrnaa by persons duly authorized by the Coordinator or Commission or this Agreement. The Commission and the ordi nat r shall have -full access -to and the right to examine any of -the records and documents during the retention period, d, F, Comply with Safety Requirements by: 1 s Complying with Section 341.061, F„ ., and Rule '14-9 , F.Aa. ., concerning System Safety or complying with Chapter 234.051, IF.S., regarding hool bus safety requirements nts for those services provided through a schooll board; 2. Assuring compliance with local, state, and federal paws, and Commission policies relating to drug testing, and; Packet Pg. 925 C.31.a Complying ng with Coordinator's Sy tem Safety Program Plan ( PP) for designated service area. G. Comply with Commission n insurance requirements by maintaining at least minimum um liability insurance cov r .g in the amount of $100,000 for any one person and $200,000 per occurrence t all donnas during the existence of -this Contract, In the event of any cancellation r changes in the llrnnuts of liability in the insurance policy,y, the insurance ag rnt or broker shall notify the Coordinator. The Agency/Operator shall furnish the o rdi nator written verification of the existence of such insurance coverage prior to the execution of thus Contract or proof of a self-insurance program operated by the g rn y/ p r t r, School board vehicle insurance coverage shall be in accordance with Section 234.03, IF.. and 234211, IF & H. Safeguard information by not of using r disclosing an information concerning a user of services under this Agreement for any purpose not in conformity with the local, spate and federal regulations, including but not limited to 45 CFR, Part 205,50, except upon n order' of a � court of competent jurisdiction, written un un unt of the recipient, r his/fear raspo nslf:nla � parent or guardian when authorized by law„ 0 lu Protect Civil Rights by: U U �s 1,, Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the 00 Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose f obtaining federal grants, poems, contracts (except rntracts of insurance or guaranty), property,erty, discounts, or other federal financial assistanceto programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire of sod required by the Coordinator. Agency/Operator shall also assure compliancewith: a,. 1 itle VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., �s which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance., b,. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U. . 4 794, which prohibits discrimination on the basis of dusabifity in programs and activities receiving or benefiting from federal financial assistance, p Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. '1681 t seq., which prohibits discrimination on the basis of sex in education par grarrns and activities receiving r benefiting from federal financial assistance, d. The Age Discrimination Act of 1975, as amended, 42 U.&G, 6101 of seq., which prohibits discrimination on the basis of age in programs or activities receiving r benefiting from federal financial assistance. Packet Pg. 926 C.31.a . The Omnibus Budget Reconciliation Act of 1981, RL. 97....35, which prohibits i diiu•pmorstpro on the basis f sex and religion in programs and activities receiving or b rn fiturng from federal financial assistance. f. All regulations, guidelines, and staindards lawfully lly d p ted under the above statutes. g. The Americans with Disabilities Act of .1990, as it may be amended from tonne to time. 2. Agreeing that compliance with this assuraince constitutes a. condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon n the Agency/Operator, its successors, subcointractors, -transferees, and assignees for the period during which such assistance is provided. Assuring that operators, u bco sutractors, sub grantees, or others with whom the Coordinator arranges t provide arias or benefits is to participants r employees in connection with any of its � programs and activities are not discriminating against those participants or � employees oin violation of the above statutes, regulations, guidelines, and standards, In the went of failure to comply, the Agency/Operator agrees that -the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance r seek other appropriate judicial or administrative relief, to include assistance rn being t rminat d and further assistance being denied., 111/hi,� J. The g ra y/ p r tor, as a politicalsub-du p to n of the State of I poruda, as defined in Section 768.28, Florida Statutes, agrees -to be fully responsible to the limits sat forth in such o statute for its own negligent acts or omissions, or intentional tortuous acts, which result in Maims or suits against either the Agency/Operator, or Coordinator, arid agrees to be liable t the statutory limits for any damages proximately caused Iby said acts or omissions, or intentional tortuous s acts. Nothing contained in this Section shall Iba construed ed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or, any other similar co provision of law, Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement, � Comply with all standards and performance requirements of the: 1 p "IFfna Comirnossion for the Transportation Disadvantaged [Attachment 1111; 2. The laical Coordinating Board approved 'Transportation Disadvantaged Service Plan and; . Any entities that purchase!service. Failure to meet the iregWrar-nenta'or obligations sat fortis in this Contract, and performance l requirements nts established and urn nit red by the Coordinating Board in the approved Transportation Disadvantaged Seirvice Plain shall be dins cause for non-payrnarnt of reimbursement invoices until sucI n deficiencies have been addressed or corrected to the satisfaction of the Coordinator, Packet Pg. 927 w C.31.a Provide Corrective Action. A corrective action notice Is a written notice to the Agency/Operator that the Agency./Operator is in breach of certain provisions of this ntr , t and that correction is required. Any corrective action notice will specify a. reasonable time for corrective action to be completed, The Agency/Operator agrees to implement the Corrective Action specified in the inotice and (provide written documentation 'to substantiate the implementation of the Corrective Action. M. All contracts, subcontracts, coordination contracts roll be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract. IN. Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to tine terms of this Contract that were disbursed to the Agency/Operator by the Coordinator, The Agency/Operator email return any overpayment ithi n thirty ( ) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator � by time Coordinator or entity purchasing transportation, whichever is earlier. In the event � goat the Coordinator first discovers are overpayment has been made, the Coordinator will notify tine Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest a.ttor thirty ( ) calendar days after the data of notification or discovery, or time Coordinator will deduct said amount from future invoices. . 00 0 In performing thus Contract, the Agency/Operator email not 6 rimin t against an �1 py employee or applicant for employment because of race, age, disability, creed, color, sox or � national origin. Such action shall include, but not Ibo limited to, -the following: employment upgrading, demotion or tra.nstar; recruitment or recruitment advertising, layoff or � termination', rates of pay or other forms of compensation; and selection for training, �s including apprenticeship. The Agency. /Operator hall insert time for oi. n provision c� modified only -to show the particular contractual relationship in all its coin-tracts on conrnectoon with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, and shall require apl such contractors to inert a isimilar provision on subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw irnateroal 4 The Agency/Operator � shall post, in conspicuous places available to employees and applicants for employment for (Project work, notices setting forth -the provisions of time nondiscrimination clause, P. By execution of this Contract, the Agency/Operator represents that It has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the juudiclai branch, or a state agency. THE COORDINATOR SHALL: As Recognize the Agency/Operator as described inChap-ter 427, F.., and Rule 1- , F,.X . B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. Packet Pg. 928 C.31.a gr-1) C. At a minimum, annually monitor the q irm y/Operator for insurance, safety and reporting requirements, uur u,uant to Chapter 427, F.., and Rule 41­2, F.A.C. The information contained in the Annual Operating Report must be collected, at a. minimum,mmu,um, quarterly from the cg rm y/ p ratcor. THE OPERATOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. It any provision of -the Contract is found by a court of law to violate any applicable state lamp, the purchasing entity will at Dance notify the Coordinator in writing in corder that appropriate harmq and modification may Ida made by the Coordinator and the Agency/Operator t tine sand that the Agencyd'Operator may proceed as soon as possible with the provision of transportation services. I . If any part or provision of this contr . t is held invalid; the remainder of this Con-tract shall d � binding on time parties hereto. Termination Conditions: cs cs 1. Termination at WW - Thus Contract may be terminated by either party upon no lass 00 than thirty ( 0) days notice, without cause, Said notice shall be delivered by certified mall, return receipt required, or in person riith proof of delivery, . Termination inaticon due to Lack of Designation - In the avant that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses 0 its designation, this contract is terminated [immediately upon on notification to time cs Agency/Operator. Notice shall Iha delivered by certified mail, return receipt cs requested, or In person, with proof of delivery„ Notice ,shall be effective upon receipt. cs 3. Termination dine to Disapproval of I amcorandu,urn of Agreement .- In the event that the Commission does not accept and approve any contracted 'transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon � notification to the Agency/Operator. Notice shall be delivered by certified mall, return receipt r qu,u atad, or in person, with proof of delivery,. Notice shall be effective upon receipts 4, Termination due to lack of Funds - In the event funds to finance this contract become uunavaflabla, the Coordinator may terminate the contract iith no less than twenty-ffcouuir ( 4) hours written notice t -the Agency/Operator., Notice shall be delivered by certified mall, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds, . Termination for Breach h - Unless the Agency. /Operator's breach is waived by the Coordinator In writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four ( 4) hour notice., Notice shall be delivered by certified mail, return receipt requested, or in Packet Pg. 929 C.31.a person with proof of delivery.. aiv r by the oordi n for of breach of any provision f this untr .ct shall not be deemed to be a waiver of any cttncr breach and shall not be construed to be a modification of -the terms s of this Contract, and shall not act as a waiver or estoppel to enforcement of any prevision of this Contract, The rrrwu o n herein do not limit the o rdin tor' idght to remedies at paw orto damages. u Upon receipt of a undies of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all turn l reports and documents required by the terms of ttnus Contract. A final invoice h lfll be stunt to the Coordinator within thirty ( 0) days after the termination inatucrn of this Contract, 7� The o rdi nat r shall pay all bulls within 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the racy/Operator shall be a breach for which Agency. /Operator may give 24--hour notice of termination of the contract„ CD D., Renegotiations rModifications sit this Contract shall only b valid when they have been V. - reduced to writing, duly approved by the Coordinator, and signed by both parties hereto. � Agency/Operator shall assign no portion of -ttnua Contract without the (prior writ-ten consent of the ccrdi n tor„ �s �s F This Contract is the entire agreement ent between the parties. 00 A//��i . Attachments u and pp are an integral part of -theContract and are (hereby incorporated by %%% reference into this Contract. All subsequent attachments are of an optional mature, � H. Notice and Contact: �s 'The name and address of -the contract manager to the Coordinator to tlh'aa Contract is: ILisa Marcinialk, Transportation Coordinator Guidance/Care Center, Inc. 000 41st Street, Ocean U Marathon, FIl_ 33050 The representative/position of -the Agency/Operator responsible to administration of the program under this contract is: Administrator, 'Transportation Monroe ou my Transportation 1100 Simonton Street (Key West, Florida 33040 In 'the event that different representatives are designated by either party after execution of this Contract, notice of the name rnd address of the new representative will be rendered in writing to the tlh r party and said notification affached to originals of this Contract„ This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. Packet Pg. 930 WITNESS WHEREOF, the parties hereto have caused these presents to The executed., AGENCY/OPEIRATOIR., COMMUNITY TRANSPOIRTA 1FION COORDINATOR Monroe County lBoard of County Colmmilssioners -111,......- Guidance/Care Center Ageincy/Operator Name Coordinator Name] -Y ---- ...... in1111D1unleaY --- --- ........... ped/Printed Name of Authorized Typed/Printed - 'Name of Authorized Individual Individual N I .... .................. ......... . ........ Vice President . .. ...................... fle Date Title IDate % ..... ......................... ............... liginature Signature 00 re C,4 NEY K"N KADOK CLEw By, (L ggggg Packet Pg. 931 ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCIF-UPTION 1 The Agency/Operator will be able to provide: (type of service) Arnbulatory and wheelchair service, paratransit 2. The Agency/Operator wiill be available to provide transportation (schedule) 3. Days Agency/Operator will not be allble to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles Agency/Operator will use to transport all passengers(fleet fist- if list does not fit in this -section, please attach a separate sheet—please also include number of seats and w1c capacity) 0 5. Vehicle/Equipment Standards Air Conditioning, -first aid kit, -fire extinguisher, warning triangles, 2 way radios 00 6. Driver Requirements License type depended on Fl.- DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and re.quirements illustrated throughout contract) 0 '7. Training Current CPR and First Aid certi-ficafion, Ill AID Defensive Driving, Pre-employrnent and (L biennial driver physicalls, ADA training (see FAC 41-90 and requirements illustrated M throe hoot contract) .9 8. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTC) 9. rrips will The reimbursed on a priority of need basis. The priority structure will be as follows: 161 Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2 nd Priority Sdhool/Day are 3 rd Priority- Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank...) ATTACHMENT 11 Packet Pg. 932 C.31.a The rrnisi n for the 'Transportation Disadvantaged Standards and Performance Requirements „gp pr Pursuant to Rule 41-2.006, Florida AdmiinpstrativeCode, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service its purchased or arranged by -the Community Transportation Coordinator shall adhere -to Commission approved standards. These standards shall include.-- ( ) Drug and alcohol testing for safety sensitive job positions within pine coordinated system regarding pre-employment, randomization, post-accident, and reasonable su.u, p ion a required by the Federal Highway Administration and the deral Transit dmprnp frappornk (d) An escort of a passenger and dependent hiildren are to be -transported as locally negotiated and identified in the local 'Transportation Disadvantaged Service Plan; ( ) Child restraint devices shall Iba determined locally as to their use, responsibility, and cost of � such device in the local Transportation Disadvantaged Service Plain; � (d) Passenger property that can be carried by the passenger arid/or driver in one trip and Cara be safely be ,towed on the vehicle, shall be allowed to a transported Min the passenger of Us no additional charge. Additional requirements may be negotiated for carrying and loading �s rider property beyond this amount. Passenger property dues not include wheelchairs, child 00 seats„ stretchers, secured oxygen, personal asspstuve devices, or intravenous devices„ d ( ) t"naGe transfer points shall provide aproepter@ security and safety of passengers, � (f) A local toll free phone number for complaints or grievances shall be (posted inside the vehicle, The local complaint (process shall be outlined as a section In pine local Transportation Disadvantaged Service (darn including, advising tine dissatisfied person about the Commission's Ombudsman Program as a step, within the (process as approved by the Local Coordinating Board; ( ) Out of service area trips shall be provided when determined locally and approved by the local Coordinating (Board, except in instances where (local ordinances prohibit such trips,,, � (h) Interior of all vehicles small be free from dirt, grime, oil, trash, tarn upholstery, damaged or broken seats, protruding irnetal or other objects or materials which could will items placed In the vehicle or provide discomfort for the passenger; (l) Bilfing requirements of true it muurnpty 'Tir .rnspuortatlorn Coordinator to subcontractors shall e determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service (pliant All bills ,shall be paid within 15 Calendar days to subcontractors, after receipt of said payment by the Community Train spo rt ,tion Coordinator, except In instances where the Community Transportation Coordinator is a non- governmental entity; Passenger/trip Passenger/trip database must Ibe maintained or accessible by -pine Community 'Transportation Coordinator can each rider being transported within the system; Packet Pg. 933 C.31.a ( ) Adequate seating for p r tr rm ht services shall be provided to each ruder and escort, child, " , r parri�a8 Sara attarmdar�t, armd rryu more passengers than the r utard r seating OR capacity shall be scheduled or transported in a vehicle at any time, For transit services provided by transit vehicles, adequate seating or standing apace will be provided to each ruder and escort, child, or personal care attendant, and no more passengers than the registered passenger seating r standing capacity shall Iba scheduled or transported 6n a vehicle at any time; (1) Drivers rs for pa,ratransit services, including coordination contractors, shall be required t announce and identity themselves by name and company an a manner that is conducive to communications with the specific passenger, upon pickup of each ruder, group of riders,, or representative, guardian, or associate of the rider, except in ,situations where the driver regularly transport's the rider on a recurring basis. Each hm drover must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicles � (m) The paratransiit driver shall provide the passenger with boarding assistance, if necessary or requested, t the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair,securarn rmt devices„ storage of mobility asaa to a devices, and closing the vehicle door. In certain paratransut service categories, the driver may also be required to open and close doors to 00 buildings, except on situations in which assistance in opening/ llosin g building ildin dugs would not be sate for passengers remaining in the vehicle. Assisted access Must be un a `®' dignified manner. Drovers may not assist wheelchair up or down more than one step, � unless it can be performed safely as determined by the passenger, guardian, and driver; 0 (n) All vehicles ordered or put into service after adoption of this section of the Rule, and us providing service within -the coordinated system, shall be equipped ithm two-way us communications in good working order and Ida aUdudla to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; ( ) All vehicles ordered or pint into service after the adoption of this section of the Rule, and � providing service within -the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner shall have two years to be in compliance attar the adoption date of this section of the Rule; (p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and Cardiopulmonary Resuscitation utatiion shall be determined locally and provided in throe local Transportation Disadvantaged Service Plana Il';, l Packet Pg. 934 C.31.b Effective: 07/01/19-6/30/20 DISADVANTAGEDSTATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION COORDINATION/OPERATORSTANDARD THIS CONTRACT is enteredinto betweenFlorida 1 c3 not-for-profit corporation, designatedt to Chapter 427, F.S., to serve the transportation disadvantaged for the communitythat includes the entire , hereinafterand referred t "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contracteffective it continue the Coordinator is required, e 1- 1 e ., when cost effective efficient, t t into contractit transportation 1 t r to providetransportation services; transportation i to includes any local government, state or federal funds that are for the transportationf transportation i v t �s the Coordinator desires to contract with the Agency/Operator for the provision transportation i the transportation i v t i and WHEREAS, the ri tr believesit to be in the publicinterest to providetransportation servicesthrough the Agency/Operatorfor the residents of the servicer i is of the Agency/Operator; 0 WHEREAS, the �s Agency/Operator i vi the Coordinatorthe i to develop �s proposal for any new transportationi 9 and �s WHEREAS, the Agency/Operator, i to coordinateavailable resources, it available transportationi to the i this Contract allowsfor the provisionstransportation i provided the Agency/Operator, ith Chapter 427, 41- q .e and the most current Communityicy Coordinator cr ici THEREFORE, in considerationf the mutual covenants, promises representations herein, the partiesfollows: AGENCY/OPERATORTHE A. Provide i vehicles i the conditionsspecified in Attachment 1. CoordinateB. vi resources and make availabletransportation services Coordinator. iprovided in accordance withi did Packet Pg. 935 C.31.b contract currently excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will be negotiated. C. Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding coordination activities in the designated service area. The reported data will include information regarding all transportation provided by the Agency/Operator (including but not limited to CTC, Medicaid...) The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms. D. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium Model Uniform Accounting System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above �s referenced manual. �s 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports as the Coordinator may require during the period of this contract. 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. �s �s E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five- (5) years, the records shall be retained until resolution of the audit findings. The Agency/Operator shall assure that these records shall be subject to inspection, review,, or audit at all reasonable times by persons duly authorized by the Coordinator or Commission or this Agreement. The Commission and the Coordinator shall have full access to and the right to examine any of the records and documents during,the retention period. F. CompIy with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90, F.A.C., concerning System Safety or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; Packet Pg. 936 C.31.b 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. G. Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of$100,000 for any one person and $200,000 per occurrence at all times during the existence of this Contract. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the Coordinator written verification of the existence of such insurance coverage prior to the execution of this Contract or proof of a self-insurance program operated by the Agency/Operator. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. H. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. I. Protect Civil Rights by: 0 �s 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the �s Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: �s a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. C. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. Packet Pg. 937 C.31.b e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Agency/Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, sub grantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include �s assistance being terminated and further assistance being denied. �s J. The Agency/Operator, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the Agency/Operator or Coordinator, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. �s �s Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. K Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged [Attachment II]; 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator. Packet Pg. 938 C.31.b L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract and that correction is required. Any corrective action notice will specify a reasonable time for corrective action to be completed. The Agency/Operator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate the implementation of the Corrective Action. M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract. N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the Coordinator. The Agency/Operator shall return any overpayment within thirty (30) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator by the Coordinator or entity purchasing transportation, whichever is earlier. In the event that the Coordinator first discovers an overpayment has been made, the Coordinator will notify the Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days after the date of notification or discovery, or the Coordinator will deduct said �s amount from future invoices. �? O. In performing this Contract, the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or 17 national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency/Operator shall insert the foregoing provision �s modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. The Agency/Operator shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. Packet Pg. 939 C.31.b C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information contained in the Annual Operating Report must be collected, at a minimum, quarterly from the Agency/Operator. THE OPERATOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the Coordinator in writing in order that appropriate changes and modification may be made by the Coordinator and the Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with the provision of transportation services. B. If any part or provision of this Contract is held invalid; the remainder of this Contract shall be binding on the parties hereto. C. Termination Conditions: 0 �s 1. Termination at Will - This Contract may be terminated by either party upon no less �s than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2. Termination due to Lack of Designation - In the event that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. �s 3. Termination due to Disapproval of Memorandum of Agreement- In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4. Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in Packet Pg. 940 C.31.b person with proof of delivery. Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordinator's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. 7. The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto. E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator. 0 �s F. This Contract is the entire agreement between the patties. �s G. Attachments I and 11 are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature. H. Notice and Contact: 0 The name and address of the contract manager for the Coordinator for this Contract is: Lisa Marciniak, Transportation Coordinator �s Guidance/Care Center, Inc. 3000 415t Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Contract. This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. Packet Pg. 941 C.31.b WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERATOR: COMMUNITY TRANSPORTATION COORDINATOR Monroe County Board of County Commissioners Guidance/Care Center, Inc., a Florida 501 c3 not-for- .profit for.profit corporation � not v � � ., [Agency/Operator Name ] [ Coordinator Name] Maureen Dunleav _ �� , Typed, rinted Name of Aut orized,����. Typed/Printed Name of Authorized Individual Individual �,,,,,,, nrrm Vice,President ,.,,,,,,. m Title Date Title ate Signature Signature �s �s �s �s Packet Pg. 942 C.31.b ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available to provide transportation (schedule) 3. Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles Agency/Operator will use to transport all passengers(fleet list- if list does not fit in this section, please attach a separate sheet—please also include number of seats and w/c capacity) 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios �s 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 49-90 and requirements illustrated throughout contract) 7. Training 0 Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAC 49-90 and requirements illustrated �s throughout contract) 8. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTC) 9. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: Ist Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2"d Priority—School/Day Care V Priority - Other (Other includes transport for the purpose of conducting personal business. -i.e. shopping, going to the bank...) ATTACHMENT 11 Packet Pg. 943 C.31.b The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service PIan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child �? seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non- governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; Packet Pg. 944 C.31.b (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (1) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain �s paratransit service categories, the driver may also be required to open and close doors to �s buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (o) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; (p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. Packet Pg. 945