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Item C27 ` BOARD OF CQUNTY COMMISSIONERSo of Monroe Mayor Michelle Ofldiron, District 2 P t !Mayor Pro -tern Da, id Rice, Dlsirici 't The Florida Keys t Craig Catcs,District 1 l f-Adic Martine/, District 3 Mike Forster, District 5 DAVID P. RICE,COMMISSIONER 9400 Overseas 11ighway, Suite 210 Marathon Airport Terminal Building Ntarathon, Ft,33050 C)305.289.6000 F boccdis4Cceponroecounty- .gov Interoffice Memorandum [late: May 17, 221. To: heIr n Madok, Clerk(if the Court County Clerk's Office From: Commissioner David Rice, District RE: *AMENDED* NOTICF OF VOTING CONFLICT Per Florida Statute 112.3143. 1 hereby disclose by written memorandum that l will abstain from the vote on certain issues brought before the Monroe County Board of Commissioners with entities with which I am involved. l 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 1 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 19,2021 'BOCC meeting 1 will abstain from the'rote on item(s); #C2 & M Copy of agenda item list nag from the Revised Agendu fear each of the referenced item($)A included for documentation. ATT. State Form 8H Xlemorundum of Voting ConJlirt for Coum,,Afunicipal and Other local Elected Officers t r j FORM 813 MEMORANDUM OF 'DOTING CONFLICT FOR �1 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME FIRST NAME—MIDDLE NAME NAME OF BUARD,COUNCIL C MMISSION AUTHORI O COMMITTEE e RZCE �Alr��v u � [ mr ray MAILING Aol7RES THE BOARD COUNCIL COMMI 1ON.AUTHORITY OR OOfl M11TTEc oN a VWCH I SERVE IS A UNIT F WITY COUNTY J Z)CITY Or.dNTY 1:2 OTHER LOCAL AGENCY � mr^//0 �NAME OF POLITICAL UQOIVISf N GATE ON WHICH I VOTE OCCURRED MY POSITION IS- ELEGTt'u�E � APP09NTIVE WHO MUST FILE FORM 813 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 convict ci s 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 Fling the Form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 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 MUSTABSTAIN 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(CFZAs) 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, Point venturer, coowner of property. or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). m I ELECTED OFFICERS I 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 roust 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$8-EFF 1112013 PAGE t Adopted by referenoe in Rule 34-7Ipr;il{rI,FA-C APPOINTED OFFICERS (continued) b 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 forrn is Filed - IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETtING3 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. I DISCLOSURE OF LOCAL OFFICER'S INTEREST f, f I hereby di rose that on - 20 (a)A measure canna or wall come before Tray agency which(check one or rracrei ® inured to my special private gain or loss; r ® inured to the special gain or loss of my business associate, inured to the special gain or loss of my refative, s inured to the special gain or loss of by whom i am retained, or inured to the special gain or loss of which 16 as the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. I b he measure before my agency and the nature of my conflicting interest in the measure is as foffows: I t 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. i SEE ATTACHED AGENDA ITEM SUMMARY - All 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. i i Cate Filed Signature i NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 11 .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 S10.000- g CE FORM 8B-EFF 1172013 PAGE 2 Adopted by reference in Rude 34-7 010111d,fi,FA.0 C.27' i�` CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS y M T� \�1a� Mayor Michelle Coldiron,District 2 �1 1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting May 19, 2021 Agenda Item Number: C.27 Agenda Item Summary #3235 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 7/01/2021 to 06/30/2022. 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 contract for period of 01/01/2021 to 6/30/2021 by BOCC on 2/17/21 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: CTC Agreement BACKUP NEW CTC Contract FINANCIAL IMPACT: Effective Date: 07/01/2021 Expiration Date: 06/30/2022 Packet Pg.827 C.27 Total Dollar Value of Contract: 0 Total Cost to County: 0 Current Year Portion: 0 Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: NO If yes, amount: Grant: N/A County Match: N/A Insurance Required: No Additional Details: REVIEWED BY: Sheryl Graham Completed 05/05/2021 7:48 PM Pedro Mercado Completed 05/06/2021 9:32 AM Purchasing Completed 05/06/2021 9:33 AM Budget and Finance Completed 05/06/2021 9:34 AM Maria Slavik Completed 05/06/2021 9:54 AM Liz Yongue Completed 05/06/2021 10:22 AM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg.828 C.27.a BOARD OF COUNTY COMMISSIONERS ounty of Monroe Mayor Michelle Coldiron,District 2 The Florida keys } i` l Mayor Pro Tern David Rice,District 4 ` Craig Cates,District 1 Eddie Martinez,District 3 Mike Forster,District 5 County Conu-nission Meeting February g 2021 Agenda Item Summary #7864 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham(305) 292-4510 N/A AGENDA ITE : Approval of a contract between Monroe County Board of County 03 Commissioners/Monroe County Social Services (Monroe County Transit) and the Community Transportation Coordinator, Guidance Care Center, Inc., for the contract period of 1/l/2021 to 6/30/2021. This is a non-monetary partnership/collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged. CL ITEM CG N : 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 a transportation disadvantaged. PREVIOUS LEVANT BOCC ACTION: Approval of contract for period of 7/1/2019 to 6/30/2019 by BOCC on 05/22/2019. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: CTC Contract 07.01.20 to 12.31.20 Stamped by legal 7/17/20 CTC Agreement 01 01 2021 to 06 30 2021 Packet Pg.829 FINANCIAL IMPACT: Effective ate: 01/01/2021 Expiration ate: 06/30/2021 Total Dollar Value of Contract: $ Total Cost to County: $ Current YearPortion: $ Budgeted: N/A Source of Funds: /A CPI: N/ Indirect Costs: N/ Estimated goi Costs Not Included in above dollar amounts: N/ RevenueProducing: o If yes, amount: /A Grant: N/A County Match: N/A Insurance Required: No AdditionalDetails: Non-Monetary partnership/collaboration CL REVIEWED : T Sheryl Graham Completed 02/04/2021 2:19 PM w Pedro Mercado Completed 02/04/2021 2:26 PM Purchasing Completed 02/04/2021 2:40 P Budget and Finance Completed 02/04/2021 3:18 PM Maria Slavik Completed 02/04/2021 3:20 P Liz Yongue Completed 02/04/2021 3:23 P Board of County Commissioners Completed 02/17/2021 9:00 AM Packet Pg.830 Effective: 01/01/2021-6/30/2021 STATE F FLORIDA COMMISSION FOR THE TRANSPORTATION I STANDARD COORDINATION/OPERATOR CONT T THIS is entered into between The GUIDANCE/CARE CENTER. INC. Florida 01 c3 not-for-profit corporation, designated pursuant to Chapter 427, ., to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and COMMISSIONERS, hereinafter referred to as the " ency/O erator". The terms and conditions of this Contract are effective 1, and will continue through June . 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 E services; an WHEREAS, transportation disadvantaged funds includes n local government, state or federal funds that are for the transportation of transportation disadvantaged; and �? 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 theAgency/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 efforto coordinate available resources, will make available transportation services to the Coordinator. WHEREAS, this Contract allows forte provisions of transportation services e provided by the Agency/Operator, in accordance with Chapter 427, Rule 41-2, 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 GE / TSHALL: A. Provideservices and vehicles according o the conditions specified in Attachment I. B. Coordinate available resources and make available transportation services to the Coordinator. Such services shall be providedin accordance with Attachment I. This -1 - Packet Pg.831 contract currently excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will be negotiated. C. Every three ( ) 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 theAgency/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. U. Comply with audit and record ee in requirements b : 1. Utilizing the Commission recognized h rt of Accounts defined in the Trans ort do ccountina Consortium Model Uniform AccountingSystem for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing E and equivalent accounting systems are not required to adopt the Chart of Accounts in 2 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 �? referenced manual. 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports s the Coordinator may require during the period of this contract. . By reserving to the Coordinator, the right to conduct finance n compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five ( )years r termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five- ( ) years, the records shall be retained until resolution of the audit findings. TheAgency/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. Comply with Safety Requirements y: 1. Complying with Section 341.061, ., and Rule 14-90, ., 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; -2- Packet Pg.832 3. Complying with Coordinator's System Safety Program Plan (SSPP)for designated service area. G. Comply with Commission insurance requirements by mait inin at least minimum liability insurance coverage in the amount of$100,000 for any one person and $200,000per 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, 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 court of competent jurisdiction, written consent oft e recipient, or his/her responsible parent or guardian when authorized by law. 2 I. Protect Civil Rights : 1. Complying with Title VI oft e Civil Rights Act of 1964 nSection 504 of the CL W Rehabilitation Act of 1973, amended_ The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts `o (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 0) Questionnaire if so required by the Coordinator. Agency/Operator shall also assure 2 compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 2U.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. . Section 504 of the RehabilitationAct of 1973, as amended, 9U.S.C. 7 , which prohibits discrimination on the basis of disabilityin 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, U.S.C. 611 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. -3- Packet Pg.833 e. The Omnibus Budget Reconciliation Act of 1981, S .L. 97-35, which prohibits discrimination on the basis of sex andreligion in programs andactivities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. 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 agaist 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 wi the terms of this assurance or seek other appropriate judicial or administrative relief, to include �? assistance being terminated and further assistance being denied. J. The Agency/Operator, s a political sub-division of the State of Florida, as defined i Section 7 .2 , 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 E the statutory limits for any damages proximately caused by said acts or omissions, or 2 intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver 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 ll]; . 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. -4- Packet Pg.834 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 wills cify a reasonable time for corrective action to be completed. The Agency/Operator agrees to implement the Corrective Action specified in the notice and providewritten 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 oard 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 disbursedto the Agency/Operator by the Coordinator. The Agency/Operator shall return any overpayment within thirty ( ) 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 E the Coordinator first discovers an overpayment has been made, the Coordinator will notify 2 the Agency/Operator by letter of such a finding. Shouldrepayment not be made in a timely manner, the Coordinator or purchasing entitywill charge interest after thirty ( 0) calendar days fter the date of notification or discovery, or the Coordinator will deduct said amount �? from future invoices. 0. In performing this Contract, the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, , disability, creed, color, sex or national origin. Such action shall include, but not be limited to, the folloi loyment 0) upgrading, demotion or transfer; recruitment or recruitment dv rtisin ; 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 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 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. y 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, ., and Rule 1-2, F.A.C . B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. -5- Packet Pg.835 C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, and Rule 4 -2F.A.C. The information contained in the Annual Operating Report must be collected, at a minimum, u erly from theAgency/Operator. THE OPERATOR COORDINATOR FURTHER . 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 E binding on the parties hereto. C. Termination Conditions: 1. Termination at Will - This Contract may be terminated by either party upon no less W than thirty (3 ) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. T . Termination due to Lack of Designation - In the event that the orin for o 0) designated the local Coordinating oar 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. otice shall be effective upon receipt. . Termination due to Disapproval of Memorandum of Agreement - In the event that the Commission does not accept and approveany contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator. otice shall be delivered by certified mail, return receipt requested, or in person, with roof of delivery. Notice shall be effective upon receipt. . 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 ( 4) hours written notice to the ncy/ er r. Notice shall be delivered by certified mail, return receipt requested, r 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 - 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 o less thantwenty-four (2 ) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of -6- Packet Pg.836 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 andshall not be construed to be modification of the terms of this Contract, n II 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. . Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepareII final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty ( 0) 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 CT ID. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give -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 y both parties hereto. E E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator. F. This Contract is the entire agreement between the parties. G. Attachments I and II are an integral part of the Contract and are hereby incorporated by ca reference into this Contract. All subsequent attachments are of an optional nature. H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Lisa Marciniak, Transportation Coordinator Guidance/CareCenter, Inc. 00 1 st 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. _7.. Packet Pg.837 WITNESS WHEREOF, the parties hereto have caused these presents to be executed. Y/OPERATOR: COMMUNITY TRANSPORTATION COORDINATOR Monroeo rCounty Commissioners ! t r, Inc., a Florida 1 f � r t _tin Agency/Operator Name Coordinator ) Michelle of it r i Typed/Pfinted Name of Authorized TyW/Pdnteda of Authorized Individual Individual Ma vcr 17 -22pu coo � 1 - Title te Titfex DateE sic 66atur , - Executed pursuant to authorityunderCL IN MADOK, CLERKResolution WC -1 DeputyI rk A=8-;NFOW NWA7MRNEY Date---_2�/4/21 -3 wr7 Packet Pg.838 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 availableto providetransportation (schedule) Monday - Friday 8 AM to 5 PM 3. Days Agency/Operatorit I to provideservices: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles / r t ill use to transportall passengers(l t list- if list does not fit in this section, please attach a separate sheet—please also include number of seats and wlc capacity) Same list as used in CTC Contract dated 7/1/2020 to 12/31/2020 E 5, Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning ri n I , 2 way radios �? 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First ca Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certificationHIV/AIDS, Defensive Driving, and biennial driver physicals, ADA training (see FAC 41-90 and requirements illustrated throughout contract) 5. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTC) . Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: 1st Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority— School/Day Care rd Priority - Other (Other includes transport for the purpose of conducting personal business. -i.e. shopping, going to the bank...) ATTACHMENT II The Commission for the Transportation Disadvantaged Packet Pg.839 Standards and Performance Requirements Pursuant to Rule 1-2.00 , Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged y the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include.- (a) Drug and alcohol testing forsafety sensitive job positions within the coordinated system regarding re-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal TransitAdministration; (b) An escort of a passenger and dependent children are to be transported s locally negotiated and identified in the local Transportation DisadvantagedService Ian; (c) Child restraint devices shall be determined locally s to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; 0) (d) Passenger property that can be carried y the passengerand/or driver in one trip and can 2 be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements y 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; T (f) A local toll free phone number for complains or riev n s shall e posted inside the 0) vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged ervic Plan including, advising the dissatisfied persona out 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 ithin 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; (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 ass n er seating -10- Packet Pg.840 capacity shall be scheduled or transported in a vehicle at any time. For transit services provided transit vehicles, adequate seating or standing space will be providedo each rider and escort, child, or personal care en nt, and no more passengers than the registered ssn er seating or standing capacity shall be scheduled r transported in a vehicle at any time; (I) rivers for paratransit services, including coordination contractors, shall be required to announce n identify themselves by name andcompany 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 s rvices, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boardingassistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include E opening the vehicle door, fastening the seat belt or utilization of wheel chair securement 2 devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required too en and close doors to buildings, except in situations in which assistance in opening/closing builin doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified 0. 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; T (n) All vehicles ordered or put into service after adoption of this cin f the le, and 0) 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. H vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date oft is section of the Rule; (o) All vehicles ordered or put into service r the adoption of this section of the Rule, and providing service within the coordinated system, shall have working it conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement s 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 theRule; (p) First Aid shall be determined locally rovied in the local Transportation Disadvantaged Service Plan; and Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged ServicePlan. -11 - Packet Pg.841 :` I 3 , CPA A Clerk ref th Circuit Court Co r fl r onro n ,Florida . arcli 3, 2021 TO: Sheryl Cr t n, llire.c'tor Social senices ATIX 1,ourdes Francis, ditbinistiAtor aniela G. ane .C. S February 17" ROCC Mee6ng E Attached is an electronic copy of the f ll 1ving item for your handling. C f 3 Contract tract 1betiveen Monroe County Board of Cotiiity C'rsmnbisstcbncrs/ o roe County Social Services (Monroe County'1®rinsiO and the Community Transportation Coordinator,Guidat-ice Care Center, Inc., for die contract period ofj-wivary 1, 2021 tojune 30, 20 1.Tliis is a non-monc nerslbip/call bordtion co trdcl required by the State of 'lurid Commission liar the 1'r slbortatioii Disadvanwgcd. T Should you liaNe any questions please feel free to contact ine at (305) 292-3550. cc: County Attorney Finance File KEY T MARATHON PLANTAMONY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway a Highway High Point Road West,Key Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plaftfo Key,Florida 33( 305- -4 1 05-289-6027 5 -71 5 305-852-71 5 Packet Pg.842 C.27.b Effective: 07/01/201-6/30/ 02 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between The GUIDANCE/CARF QFNTER INCFlorida 501 c3 not-for-profit corporation, 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 , hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective 49!xj-,2021, and will continue through June 30, 2022. WHEREAS, the Coordinator is required, under Rule 1- . 11, F.A.C., when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and 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 LU WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop 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. WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F.S., Rule 1- , 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: A. Provide services and vehicles according to the conditions specified in Attachment I. B. Coordinate available resources and make available transportation services to the Coordinator. Such services shall be provided in accordance with Attachment I. This -1 - Packet Pg.843 C.27.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. C. Comply with audit and record keeping requirements y: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accountin Consortium Model Uniform Accounting stem for Rural and Specialized Tranortafion Providers ( nifor 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 2 fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 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. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement fora period of five O 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. Comply with Safety Requirements y: 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; . Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; -2- Packet Pg.844 C.27.b 3. Complying with Coordinator's System Safety Program Plan (S P ) 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 23 . 11, 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 CF , Part 205 50, except upon order of court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. 1. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, s 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 compliance with: LU shall also assure . Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 200d 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. . Section 504 of the Rehabilitation Act of 1973, s 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. 161 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. . 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. -3- Packet Pg.845 C.27.b e. The Omnibus Budget Reconciliation Act of 1981, P.L. 7- 5, 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 opt under the above statutes. . 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, assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, sub grantees, or others with whomthe Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating againsto icipnts or employees in violation of the above statutes, regulations, uielins, and standards. E 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 assistance being terminated and further assistance being denied. U J. The Agency/Operator, as a political sub-division of the State of Florida, as defined in Section 7 .2 , 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/ g y rator 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. 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 Il]; 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchaseservice. 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. -4- Packet Pg.846 C.27.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 theAgency/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 r n rtti , 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. Shouldrepayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty ( ) calendar days after the date of notification or discovery, or the Coordinator will deduct said amount from future invoices. U O. In performing this Contract, the Agency/ Operator shall not discriminate againstany employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency/Operator shall insert the foregoing provision modified only to show the particular contractual relationship in ll its contracts in connection with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, ands all 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 trials. 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, theAgency/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 describedin 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. -5- Packet Pg.847 C.27.b C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F. ., and Rule 1-2, 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: 1. Termination at Will - This Contract may be terminated by either party upon no less 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 oar 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 mil, return receipt LU requested, or in person, with proof of delivery. Notice shall beeffective upon receipt. 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 beeffective upon receipt. . 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 ( ) 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 beeffective 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 thantwenty-four ( 4) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of -6- Packet Pg.848 C.27.b delivery. Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of anyother 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 4-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 bothparties hereto. . Agency/Operator shall assign no portion of this Contract without the prior written consent of 2 the Coordinator. F. This Contract is the entire agreement between the parties. G. Attachments I and II are an integral part of the Contract and are hereby incorporated by 2 reference into this Contract. All subsequent attachments are of an optional nature. 0 H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Lisa Marciniak, Transportation Coordinator Guidance/Care Center, Inc. 3000 41 st Street, Ocean Marathon, FL 350 The representative/position of theAgency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street 1-190 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. -7- Packet Pg.849 C.27.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 1 c not-for-profit corporation [Agency/Operator Name ] [ Coordinator Name] Frank ito Typed/Printed Name of Authorized Typed/Printed Name o Authorized Individual Individual / /221 Title Date Title Date Signature Signature Executed rsunt to authority under Resolution CC 01- 1 AovEQAs FORM PED w . ., A � 'f 5/5/21 _g_ Packet Pg.850 C.27.b ATTACHMENT AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be ablet r v! : (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available v i a transportation (schedule) Monday - Friday 8 AM to 5 PM 3. Days Agency/Operator will not be ableto providee i . Service will not be provided on Saturday and Sunday or County holidays Vehicles n / rat r 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) See Attached List 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warningtriangles, way radios, bodily fluids kit, tie downs for Ic accessible vehicles. 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, r Screening (see FAC 1- 0 and requirements illustrated throughout contract) U 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAC 1-90 and requirements illustrated throughout contract) 8. Reporting Requirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CT ) 9. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: st Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2"a Priority— School/Day Care ra Priority - Other (Other includes transport for the purpose of conducting personal business. -i.e. shopping, going to the bank...) Packet Pg.851 C.27.b ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 1- .00 , Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from om service is purchased or arranged y the Community Transportation Coordinator s II adhere to Commission approved standards. These standards shall include: O Drug and alcohol testing forsafety 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; ( ) An escort of a passenger and dependent children are to be transported s locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (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; ( ) Passenger property that can be carried by the passenger and/or driver in one trip and can e 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, persona( assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; 0 (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 oar ; (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 o broken seats, protruding metal or other objects or materials which could soil items placdin 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 o rd 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 no - governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported itin the system; (k) Adequate seating for paratransit services shall be provided toeach rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating -10- Packet Pg.852 C.27.b capacity shall be scheduled or transported in a vehicle t any time. For transit services provided by transit vehicles, adequate seating or standing space ill be provided to each rider and escort, child, or personal care t n nt, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in 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 affixto 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 E devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to 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; 0 (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 withtwo-way communications in good working order and be audibleto the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be LU in compliance after the adoption date of this section of theRule; (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 notequipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; ( ) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and Cardiopulmonary Resuscitation shall be determinedlocally and provided in the local Transportation Disadvantaged Service Plan. - 11 - Packet Pg.853 C.27.b a 3 a 3 a V Tt a L E s , a CJ 01 N dam° _0 U w oz U uW v' U N w w U U ° w o w w ® Q w r kn kn d O O O O O O O Q o E F C7 C7 C? C7 C7 C7 1>1 a o > ✓ a o ® v 7E U U U �" \p O N r 00 01 0 00 r r 00 (1 00 0 M H UW r r o 01 01 N N ww ��. ON � N Z r ono 00 o o� 01 0 0, 01 01 01 r r i r r r r r i IP W o 0 0 0 0 0 o n o r r r r, v i o o ® y o 0 0 0 0 o c= 0 0 0 o a o 0 0 N N N N N N N N N N N N N N N N Packet Pg.854