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FY2022 11/17/2021 GJ�t C°UR"c o: Kevin Madok, CPA .. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida •ROE COUNT. Y1 DATE: December 2, 2021 TO: Janet Gunderson Senior Grant&Finance Analyst FROM: Pamela G. Hancock, D.C. SUBJECT: November 17'BOCC Meeting E12 Attached is an electronic copy of the Agreement with Guidance/Care Center for the Commtmity Transportation for Disadvantaged Program iii the amotmt of$35,181; and Baker Act Transportation sei-Nice program iii the amotmt of$165,000 for Fiscal Year 2022. Should you have airy questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT This Agreement is made and entered into this 17th day of November 2021, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not-for-profit corporation established to provide transportation services to the citizens of Monroe County, and WHEREAS, it is a legitimate public purpose to provide transportation services to the residents of Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and providing services, shall reimburse the PROVIDER for providing transportation services as billed by the PROVIDER for clients qualifying for such services under applicable state and federal regulations and eligibility determination procedures. The cost shall not exceed a total reimbursement of TWO HUNDRED THOUSAND ONE HUNDRED EIGHTY-ONE DOLLARS AND NO/100 ($200,181.00), during the fiscal year 2022, payable as follows: a) The sum of ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS AND NO/100 ($165,000.00) for Baker Act/Marchman Act transportation services pursuant to Chapter 394, Florida Statutes; and b) The sum of THIRTY-FIVE THOUSAND ONE HUNDRED EIGHTY-ONE DOLLARS AND NO/100 ($35,181.00), for Community Transportation Coordinator-related transportation services to residents of Monroe County. 2. TERM. This Agreement shall commence on October 1, 2021, and terminate September 30, 2022, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment for Baker Act and Marchman Act transportation services shall be made according to the rate schedule set forth in Attachment D and in accordance with Attachment A, as applicable, subject to the maximum amounts set forth in Paragraph 1. a. above. Billing Summary Forms, certified monthly financial and service load reports will be made available to the Board to validate the delivery of services under this contract. The monthly financial report is due in the office of the Clerk of the Board no later than the 15th day of the following month. After the Clerk of the Board pre-audits the certified report, the Board shall reimburse the Provider for its monthly expenses. However, the total of said monthly payments in the aggregate sum shall not exceed the total amount shown in Paragraph 1, above, during the term of this agreement and are subject to examination, approval, and audit by the Clerk. To preserve client confidentiality required by law, copies of individual client bills and records shall not be available to the Board for reimbursement purposes but shall be made available only under controlled conditions to qualified auditors for audit purposes. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Paragraph 2 above. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, Guidance Care Center—Transportation:Baker Act and CTD FY22 1 this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. Funding under this agreement shall not be used to purchase capital assets. RECORDKEEPING 6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the PROVIDER, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date, the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. 7. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to Guidance Care Center—Transportation:Baker Act and CTD FY22 2 unilaterally cancel this Agreement upon violation of this provision by PROVIDER. This provision shall survive any termination or expiration of the contract. The PROVIDER is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the PROVIDER is required to: 1) Keep and maintain public records that would be required by the County to perform the service. 2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the PROVIDER does not transfer the records to the County. 4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the PROVIDER or keep and maintain public records that would be required by the County to perform the service. If the PROVIDER transfers all public records to the County upon completion of the contract, the PROVIDER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the PROVIDER keeps and maintains public records upon completion of the contract, the PROVIDER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the PROVIDER of the request, and the PROVIDER must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the PROVIDER does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the PROVIDER. A PROVIDER who fails to provide the public records to the County within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The PROVIDER shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 30S-292-3470 BRADLEY-BRIAN@)MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 8. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items (a)-(j) must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture, as required by Florida Statute 496.405, and the Florida Department of State, as require by Florida Statute 617.01201, or proof of exemption from registration as per Florida Statute 496.406. (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; Guidance Care Center—Transportation:Baker Act and CTD FY22 3 (d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election of Officers and Directors/Directors At-Large as applicable; (e) Unqualified audited financial statements from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); b. The CPA must maintain malpractice insurance covering the audit services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol-free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment H); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 9. SCOPE OF SERVICES. The Provider, for the consideration named, covenants, and agrees with the Board to substantially and satisfactorily perform and carry out the obligations set forth herein. The Provider shall provide Baker Act transportation services in compliance with Florida Statutes Chapter 394. Baker Act and Marchman Act transportation services which are covered under this agreement may be subcontracted but are subject to the rates set forth in Attachment D, and the limitations above. The subcontractor shall be subject to all of the conditions of this contract, including but not limited to insurance and hold-harmless requirements, as is the Provider. 10. ACCESS TO FUELING FACILITIES. The County shall provide access to the Provider's vehicles at all County fueling facilities. The County shall grant the Provider a license for the use of the real property and its improvements for each fueling site. The Provider agrees that only those individuals authorized by the County to use the fueling sites designated in this agreement shall have twenty-four-hour access to said sites, and that they shall either be maintained open, or access otherwise provided to them by a uniform key system on such a twenty-four-hour basis. The County shall bill the Provider for fueling and other related services and materials utilized by the Provider at the fueling sites within the County's immediate control and as previously set forth in this agreement. Said billing by the County to the Provider shall include an administrative surcharge, as adopted by the Monroe County Board of County Commissioners annually, for processing, servicing, and handling. The Provider shall reimburse the County within thirty (30) days of the date of issuance of the bill. Access to the Fuel Sentry System shall be provided by an electronic memory key, which shall be issued by the County to all authorized designated users of the fueling sites, and as contemplated Guidance Care Center—Transportation:Baker Act and CTD FY22 4 by this Agreement. For purposes of uniformity, the Monroe County Fleet Management Department shall be responsible for establishing a uniform electronic key system for use by both the County and the Provider under this agreement and shall establish and maintain policies and procedures for identification, control, and distribution of all keys issued. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment, or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. IS. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee, agent, or instrumentality of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Guidance Care Center—Transportation:Baker Act and CTD FY22 5 The COUNTY and PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by both parties hereto. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The PROVIDER and County staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this agreement or by Florida law. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 161" Judicial Circuit, Monroe County, Florida. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent reasonably required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to Guidance Care Center—Transportation:Baker Act and CTD FY22 6 impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 2S. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims and causes of action for medical malpractice, medical negligence, bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Guidance Care Center—Transportation:Baker Act and CTD FY22 7 GENERAL 32. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Craig Knierim, Deputy COO Guidance/Care Center 1205 Fourth Street Key West, FL 33040 Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied to: WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 3S. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Guidance Care Center—Transportation:Baker Act and CTD FY22 8 38. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Scope of Services will be provided to each party. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Guidance Care Center—Transportation:Baker Act and CTD FY22 9 A ` ► WHEREOF, the parties hereto have caused these presents to be executed as of the day • ¢ -+t . written above. N 144 " BOARD OF COUNTY COMMISSIONERS ' / N MADOK, CLERK OF MONROE COUNTY, FLORIDA ` eon �' Ara it � %sr ty By_ As Deputy Clerk Mayor/ airman Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation (Federal ID No. 59=1.458324 Witness By Witness Chief Executive Officer Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation Pursuant to resolution WC-GCC 2021-01 n MONROE COUNTY ATTORNEYRRMp�I // CHRISTINE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY DATE: 11/22/21 )'y$` 1, } :7-1 £.y Guidance Care Center—Transportation:Baker Act and CTD FY22 10 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Guidance Care Center—Transportation:Baker Act and CTD FY22 11 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. Guidance Care Center—Transportation:Baker Act and CTD FY22 12 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total X'XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Chief Executive Officer Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this _day of (month), _ (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID_ (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of Guidance Care Center—Transportation:Baker Act and CTD FY22 13 ATTACHMENT C Specific description and list of services to be provided under this contract: Baker Act/Marchman Act transportation services and Community Transportation Coordinator related services. Guidance Care Center—Transportation:Baker Act and CTD FY22 14 ATTACHMENT D Copy of the Agreement (GiX90) between the State of Florida Commission for the Transportation Disadvantaged and Guidance/Care Center and Sub-Contracts for transportation services. Guidance Care Center—Transportation:Baker Act and CTD FY22 15 SAMAS Approp. 108846 Fund TDTF FM/Job No(s). 43202t43Z02818401 SAMAS Obj. 751000 Function 683 CSFA No. 55.001 Or e 55120000952 Contract No. GlX90 Vendor No. 59 1458324 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this 1-day of ur 2021 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATIONNTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission, and Guidance/Care Center ,-jnc, 3000 41st Street Ocean Marathon Florida 33050, hereinafter called the Grantee. WITNESSET : WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of an eligible transportation disadvantaged person's transportation costs, and/or capital equipment purchased for the provision of transportation services and other responsibilities identified in Chapter 427, Florida Statutes, or rules thereof; NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purposef Agreement: The purpose of this Agreement is to provide trips and/or capital equipment to the transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Fiscal Year 2021-22 Program Manual and Instructions for the Trip & Equipment Grant as further described in this Agreement and in Exhibit(s) A, , and C, attached hereto and by this reference made a part hereof, hereinafter called the ; and, for the Commission to provide financial assistance to the Grantee and state the terms and conditions upon which such financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for transportation services for eligible transportation disadvantaged individuals and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment Project: The Grantee shall commence and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. 2.10 Pursuant to Federal,State,,and Local : In the event that any election,referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to Trip&Equipment Grant Agreement 2021/2022 Page 1 of 23 Form Rev. 512012021 Monroe 16 7M a a m A TT 1 a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Section 14.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must have from the Commission an executed grant amendment prior to the purchase. 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement,the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passenger's in the coordinated system. 4.40 Front End Funding and Retainage: Front end funding and retainage are not applicable. 5.00 Project Budget and Disbursement Schedule: 5.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B'" carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Section 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B." This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission.Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total, up to any given month, Trip&Equipment Grant Agreement 2021/2022 Page 3 of 23 Form Rev. 5120/2021 Monroe 18 II � • ! • '• '• . '1' l 4 1 f e � � s :� i 1 .�a- � 1 C • �- within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 6.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing in proper detail of the charges. The Grantee shall provide upon request, sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were agreed upon. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 6.50 Checks,, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audits: 1. The administration of resources awarded through the Commission to the Grantee by this Agreement may be subject to audits and/or monitoring by the Commission and the Department of Transportation (Department). The following requirements do not limit the authority of the Commission or the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general,the Auditor General, or any other state official.The Grantee shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance may include but not be limited to on-site visits by Commission and/or Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Commission by this Agreement. By entering into this Agreement, the Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission and/or the Department. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Commission, the Department, the Chief Financial Officer (CFO) or the Auditor General. Trip&Equipment Grant Agreement 2021/2022 Page 5 of 23 Form Rev. 5/2012021 Monroe 20 b. The Grantee a nonstate entity as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Commission through this Agreement is subject to the following requirements: i. In the event the Grantee meets the audit threshold requirements established by Section 215.97, Florida Statutes,the Grantee must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit C to this Agreement indicates state financial assistance awarded through the Commission by this Agreement needed by the Grantee to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year,the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection With the audit requirements, the Grantee shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However,the Grantee must provide a single audit exemption statement via email to the Department at ,�,"," no later than nine months after the end of the Grantee's audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to both: Florida Department of Transportation State of Florida Auditor General Office of Comptroller,MS 24 Local Government Audits/342 605 Suwannee Street 111 West Madison Street, Room 401 Tallahassee,FL 32399-0405 Tallahassee, FL 32399-1450 Email: FDOTSlngleAud1t@dot.state.fl.us Email:flaudgerLiocalgovt@aud.state.fl.us Trip&Equipment Grant Agreement 2021/2022 Page 6 of 23 Form Rev. 5/20/2021 Monroe 21 v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Grantee, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. Vi i. Upon receipt, and within six months, the Department will review the Grantee's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Commission by this Agreement. If the Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, CFS or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Commission, the Department, or its designee, CFO or the Auditor General access to such records upon request. The Grantee shall ensure that the audit working papers are made available to the Commission, the Department, or its designee, CFO or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Commission and/or the Department. 6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 6.80 insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: Trip&Equipment Grant Agreement 2021/2022 Page 7 of 23 Form Rev. 5/20/2021 Monroe 22 6.81 Liability: Liability coverage in an amount of $200,000 for any one (1) person, $300,000 per occurrence at all times in which Project vehicles or equipment are engaged. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 6.82 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 6.83 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased With Transportation Disadvantaged Trust Funds. 6.84 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 7.10 File with the Commission for the Transportation Disadvantaged, its invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project(as listed in Exhibit"B" hereof)as the'Commission may require,to justify and support the payment as specified in the Commission's Grant Agreement and Invoicing Procedures. 7.11 Grantee certifies, under penalty of perjury, that the Grantee will comply with the provisions of the Agreement and that ail invoices and support documentation will be true and correct. 7.12 Financial Consequence: Reimbursement payment for transportation services shall not be provided to the Grantee until trips are provided and documentation supporting such services has been approved. In addition, payment shall not be provided to the Grantee for capital until the capital has been received and proof of payment and other back up documentation as requested is provided to the Commission. The project must be completed (capital received and approved by the Grantee) no later than June 30, 2022, 7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such invoices in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 7.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; Trip&Equipment Grant Agreement 2021/2022 Page 8 of 23 Form Rev. 5/20/2021 Monroe 23 7.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 7.24 Conflict of Interests: There has been any violation of the co'nflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 7.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 7.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 7.30 Disallowed Costs: In determining the amount of the Grantee's payment,the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit"B." 7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in accordance with the Commission's invoice procedures in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 41-2 and 69, Florida Administrative Code, and the Fiscal Year 2021-22 Program Manual and Instructions for the Trip and Equipment Grant is met. 7.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. Trip&Equipment Grant Agreement 2021/2022 Page 9 of 23 Form Rev. 5/20/2021 Monroe 24 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. 8.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850)410-5700 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 The Grantee shall keep and maintain public records required by the Commission to perform the service of this agreement. Upon request from the Commission's custodian of public records, provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Trip&Equipment Grant Agreement 2021/2022 Page 10 of 23 Form Rev. 5/2012021 Monroe 25 agreement term and following completion of the agreement if the Grantee does not transfer the records to the Commission. Upon completion of the agreement, transfer, at no cost, to the Commission all public records in possession of the Grantee or keep and maintain public records required by the Commission to perform the service. If the Grantee transfers all public records to the Commission upon completion of the contract, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the contract, the Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by the Commission. 9.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 10.06 Contracts of the Grantee: 10.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide, upon request,a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Section 8.20. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contracts will be executed in compliance with this section. 10.20 Compliance with Consultants' Competitive a otiaio : It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this law to the Commission for each consultant contract it enters. 10.30 Co ti ` Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. Trip&Equipment Grant Agreement 2021/2022 Page 11 of 23 Form Rev. 5/20/2021 Monroe 26 11.00 Restrictions, Prohibitions,, Controls, and LaborProvisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their 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 Grantee 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 Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the non- discrimination clause. 11.20 Title VI- Civil Rights Act of 1 : The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252),the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 11.30 ProhibitedInterests: 11. 1 Contracts orPurchases: Unless authorized in writing by the Commission, no officer of the Grantee,or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 11.32 BusinessConflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 11.33 Solici tins: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. i 11.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, I 1 i Trip&Equipment Grant Agreement 2021/2022 Page 12 of 23 Form Rev. 5/20/2021 Monroe j 27 w o business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of- 1. all new persons employed by the grantee during the term of the grant agreement to perform employment duties within Florida; and 2. all new persons, including subcontractors,assigned by the grantee to perform work pursuant to the contract with the Commission. The Commission shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such Violation shall be cause for unilateral cancellation of this agreement. Refer to the U.S. Department of Homeland Security's website at to learn more about E-Verify. 12.00 Miscellaneous Provisions: 12.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 12.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus and Commissions: By execution of the Agreement, the Grantee 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 financing hereunder. Trip&Equipment Grant Agreement 2021/2022 Page 14 of 23 Form Rev. 5/20/2021 Monroe 29 � � 'a � i ! � 1! •.' •. • • ■ � � �- !-a � � � � � .�' !• • '1 • ! t ! .! 1'! . ! ••• • i mil.. • � /: � ..: �. •. li.. � �..[ • � •! • � � ../: • � •. • � • r i !'! � ! � � �- g1 l i i i I a) When the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission,these proceeds may be re-invested for any purpose which expands transportation disadvantaged services to those who are transportation disadvantaged. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life at which time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission's Capital Equipment Procedure. 12.84 Equivalencyf Service: In the event that this agreement involves the purchasing of vehicles, upon the Commission's request, the Grantee shall submit to the Commission, certification that such equipment meets or exceeds equivalency of service requirements in accordance with the Commission's Capital Equipment Procedures. Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Section 8.20. 13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Grantee guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Grantee or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Grantee agreements to indemnify, and hold harmless the Commission, including the Commission's officers and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and persons employed or utilized by the Grantee in the performance of this Agreement. This indemnification shall survive the termination of this agreement. Nothing contained in this paragraph Trip&Equipment Grant Agreement 2021/2022 Page 16 of 23 Form Rev. 5/20/2021 Monroe 31 P f is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign immunity. Additionally,the Grantee agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this agreement. "To the fullest extent permitted by law,the Grantee's contractor/consultant shall indemnify, and hold harmless the Commission for the Transportation Disadvantaged, including the Commission's officers and employees, from liabilities,damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign immunity." 14.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. If applicable, the Grantee's performance of its obligations under this Agreement is subject to an appropriation by the Grantee's Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations. 15.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2022. If the Grantee does not complete the Project within this time period, this agreement will expire. Expiration of this agreement will be considered termination of the Project and the procedure established in Section 8.00 of this agreement shall be initiated. For the purpose of this section, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been received as provided in the project description(Exhibit'A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2022. 16.00 ree nt Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 17.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 18.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with Section 215,422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has twenty (20) days to deliver a request for payment Trip&Equipment Grant Agreement 2021/2022 Page 17 of 23 Form Rev. 5/20/2021 Monroe 32 E 6 jJOB [V s 43202718..... 02 1 i CONTRACT NO. G1X90 AGREES DATE IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. GRANTEE: GUIDANCE/CARE CENTER, INC. COMMISSION FOR THE TRANSPORTATION DISADVANTAGED By, -- ,' �om a TITLE: TITLE: Executive Director(Commission Designee) Trip&Equipment Grant Agreement 2021/2022 Page 19 of 23 Form Rev. 5/20/2021 Monroe 34 FM JO11 B Nos . �_4320ZT 401 43202818401 CONTRACT NO. GIX90 _ ..... v2 � AGREEMENT DATE: EXHIBIT" " PROJECTESC IPTION AND RESPONSIBILITIES TRIP/EQUIPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Guidance&are enter,;_Inc.__,3000 41st Street-Ocean, Marathon�W Florida 33®50. I. PROJECT LOCATION: or County(lies) II, PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to eligible transportation disadvantaged individuals in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Fiscal Year 2021-22 Program Manual and Instructions for the Trip & Equipment. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. There shall be an approved eligibility application for each rider who receives transportation service (trip or bus pass). In addition, documentation which supports the eligibility determination shall be maintained by the recipient as part of the rider's eligibility file. Capital equipment will consist of: None. III. DEL E LES: Passenger Trips — In accordance with the Commission's invoice procedures, backup documentation shall accompany each invoice for transportation. The backup documentation identifies specific trips designated as eligible for reimbursement with Transportation Disadvantaged Trust Funds. The backup documentation shall support the Trip Summary Data Report that is submitted as part of the Grantee's invoice for reimbursement. Capital Equipment—In accordance with the Commission's invoice procedures, an invoice from the equipment vendor,a record of payment by the Grantee shall be submitted as part of the Grantee's invoice for reimbursement. For vehicles purchases, a copy of the Application for Title reflecting the Commission as first Lien Holder is also required. I . SPECIAL CONSIDERATIONS GRANTEE: All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal, state, or local government agency. V. SPECIAL CONSIDERATIONS BY COMMISSION: Not applicable. } Trip&Equipment Grant Agreement 2021/2022 Page 20 of 23 Form Rev. 5/20/2021 Monroe 35 FM/JOB Npq(s). 43202718401/43202818401 CONTRACT NO. G1X90 AGREEMENT DATE: EXHIBIT 611361 PR03ECT BUDGET AND DISBURSEMENT SCHEDULE This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Guiclancg�'Care__Cgnter .,.30® 41st Street Ocean Marathon, Florida 33050. I. PROJECT COST: Estimated Project Cost shall conform to those eligible costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2021-22 Program Manual and Instructions for the Trip & Equipment Grant. Trips shall be purchased at the fares indicated in Exhibit 13, Page 2 of 2 attached to and made a part of this agreement. Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly allocation disbursement schedule reflected on Exhibit"B". At times,this may result in"underbilling" or"overbilling". Any excess(underbilled)funds maybe recaptured on a monthly invoice that does not exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission upon project completion. Reimbursement payment for transportation services shall not be provided to the Grantee until documentation supporting such services has been approved. In addition, payment shall not be provided to the Grantee for capital until the capital has been received and proof of payment and other back up documentation, as requested, is provided to the Commission. The project must be completed (capital received and approved by the Grantee) no later than June 30, 2022. Grantee will make every effort to submit invoices within thirty (30) days after the month of service provision. TD Trust Fund Trips $ 351,806.00 43202718401 Voluntary Dollars 36.00 43202818401 TOTAL $ 351,842.00 11. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $316,625.00 Local Cash Match (10%) $35,181.00 Voluntary Dollar Contributions $32-00 Monetary Value of In-Kind Match for Voluntary Dollar Contributions $4.00 Total Project Cost $351,82. 111. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS FY_ZIL22 Jul &g SjW Oct Nov 2gc Jan Feb Mar Apr May Jun Trips 26,422 26,385 26,385 26,385 26,385 26,385 26,385 26,385 26,385 26,385 26,385 26,385 Capital Trip&Equipment Grant Agreement 2021/2022 Page 21 of 23 Form Rev. 5120/2021 Monroe 36 TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES EXHIBIT B PAGE 2 OF 2 COMMUNITY TRANSPOZRT MTION COORDINATOR: Guidance/Care EFFECTIVE DATE: UNIT COST PER UNIT TYPE OF SERVICE TO BE PROVIDED (Passenger Mile,Trip,or Pass) $ ................... Ambulatory Mile 2.95 Wheelchair Mile 5.06 Mile 1.36 Group(per passenger) Shuttle One Way Pass 2.00 Bus Pass - Daily Pass 2.00 Bus Pass - Weekly Pass 5.00 ----------------1-- Bus Pass -Monthly Pass 15.00 Bus Pass- Monthly(Shuttle) Pass 45.00 ................... Bus Pass-Weekly(Shuttle) Pass 15.00 ......... . ..... .............. CERTIFICATION(To Be Completed By Commission Staff): I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by section 216,3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Name: John Irvine Signature: ----------------- Title: Project Manager Date: .............. .......... Trip&Equipment Grant Agreement 2021/2022 Page 22 of 23 Form Rev, 5/20/2021 Monroe 37 _FM013 No(,sl.__ 43202.718401/43202818401 CONTRACT NO. GIX90 .......... —AGREE T DATE: EXHIBIT"C" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THESMERE OURCE&AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE EMOMENG1 SU93ECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department of Transportation State Project Title; COMMISSION FOR THE TRANSPORTATION DISADVANTAGED(CTD) TRIP AND EQUIPMENT GRANT PROGRAM CSFA Number: 55.001 *Award Amount: $316,657.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55,001 is provided at: COMPLIANCE REQUIREMENTS,APPLICABLE TO UM RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.001 are provided at: The State Projects Compliance Supplement is provided at, Trip&Equipment Grant Agreement 2021/2022 Page 23 of 23 Form Rev. 5/2012021 Monroe 38 Effective: 07/01/2021 — 06/30/2021 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between THE GUIDANCE/CARE CENTER INC., a FL 5010 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 FLORIDA KEYS CHILDREN'S SHELTER, INC., hereinafter referred to as the "Agency/Operator'. The terms and conditions of this Contract are effective July 1 2021, and will continue through June 30 2022. 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 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 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. WHEREAS, this Contract allows for the provisions of transportation services be provided by the 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: 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. 1lP 39 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 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 Accountin 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 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 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. Comply 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; 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. Upon the execution of this 2111 40 Contract, the Agency/Operator shall add the Coordinator as an additional named insured to all insurance policies covering vehicles transporting the transportation disadvantaged. 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. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. Insurance coverage in excess of$1 million per occurrence must be approved by the Coordinator and/or the local Coordinating Board before inclusion in this contract or in the justification of rates and fare structures, s. 41-2.006(1), FAC. 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: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the 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: 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. 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. 3 I [' `> 41 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 assistance being terminated and further assistance being denied. J. Agency/Operator's obligation to indemnify, defend, and pay for the defense or at the Coordinator's option, to participate and associate with the Coordinator in the defense and trail of any claim and any related settlement negotiations, shall be triggered by the Coordinator's notice of claim for indemnification to the Agency/Operator. Agency/Operator's inability to evaluate liability or its evaluation of liability shall not excuse the Agency/Operator's duty to defend and indemnify within seven days after such notice by the Coordinator is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Coordinator solely negligent shall excuse performance of this provision by the Agency/Operator. Agency/Operator shall pay all costs and fees related to this obligation and its enforcement by the Coordinator. The Coordinator's failure to notify Agency/Operator of a claim shall not release Agency/Operator of the above duty to defend. 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. 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. 4111 42 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 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 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 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. 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. D. Comply with all applicable provisions of Florida Statute 287.0585. When Agency receives from a state agency any payment for contractual services, commodities, supplies or construction contracts, expect those contracts subject to Chapter 339 of the Florida Statute, Coordinator shall pay such monies received to each subcontractor and supplier in proportion to 5111 43 the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment and invoice from subcontractor. If Coordinator receives less than full payment, then the Coordinator shall be required to disburse only the funds received on a pro rata basis with the contractors, subcontractors, and suppliers each receiving a prorated pro-ration based on the amount due on the invoices received and work completed. If Coordinator, without reasonable cause, fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by Coordinator of full or partial payment and receipt of invoice from subcontractor, supplier or contractor, the Coordinator will pay to the subcontractor, contractor or supplier a penalty in the amount of one-half percent (1/2%) of the amount due, per day, from the expiration of the period allowed herein for payments. Such penalty shall be in addition to the actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. In addition to other fines or penalties as permitted by law, Coordinator may be ordered by the court to make restitution for any actually incurred attorney's fees and all related incurred costs tot eh aggrieved party or the Department of Legal Affairs when it provides legal assistances pursuant to this Section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceeding brought against Coordinator under the provisions of this Section. If Agency/Operator feels the Coordinator is not fulfilling the obligations cost outlined in this Section the Agency/ Operator can seek assistance through the Commission for the Transportation Disadvantage Ombudsman Program Helpline at 1-800-983-2435 (TTY 1-800-648-6084). In addition, a Vendor Ombudsman at the Department of Financial Services may be contacted at (850) 413- 5516 or toll free at (800) 342-2762 for assistance. 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 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. 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 6 1 P s 44 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 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. 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. 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 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: Maureen Dunleavy Guidance/Care Center, Inc. 3000 41 st Street Ocean Marathon, Florida 33050 711' 2 45 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Director Florida Keys Children's Shelter 73 High Point Road Tavernier, Florida 33070 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. WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERATOR: COMMUNITY TRANSPORTATION COORDINATOR Florida Keys Children's Shelter, Inc. The Guidance/Care Center, Inc. a FL 501 c3 not-,for-profit corporation Agency/Operator Name _.......w.__..._ [ ] [ Coordinator Name] Ben Kemmer Frank C. Rabbito Typed/Printed Name of Authorized Typed/Printed Name of Authorized Individual Individual CEO 9/24/2021 COO 6/24/2021 m.._ em. .. _.u. ..... . Title Date Title Date �e .. Sature„ Signature Executed pursuant to authority under Resolution WCGCC 2019-10 sly � 46 ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide ambulatory services. 2. The Agency/Operator will be available to provide transportation twenty four(24) hours a day, seven (7) days a week. 3. Days Agency/Operator will not be able to provide services — N/A 4. Vehicles Agency/Operator will use to transport all passengers 5. 2014 GMC 12-Passenger Van 6. 2015 Chevrolet 12-Passenger Van 7. 2016 Toyota 7-Passenger Van 8. 2018 Honda 7-Passenger Van 9. 2019 Honda 7-Passenger Van 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way communication devise 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 requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAC 41-90 and requirements illustrated throughout contract) 8. Reporting Requirements Quarterly Operating Reports (documenting all trips provided), Annual Review (conducted by CTC) 9. Agency/Operator fare structure $2.95 per mile per one way trip for ambulatory passengers, $1.36 per mile per one way trip for group passengers with different destinations, and $6.66 per mile per one way trip for group passengers (3 or more)with the same pick up and drop off location. In these instances the reimbursement is only for one passenger at the rate noted. $5.06 per mile per one way trip for wheelchair passengers. The maximum amount that the Guidance/Care Center, Inc., CTC, will reimburse FKCS for transportation services in any one calendar month is $700.00. The Coordinator will reimburse for additional transportation services over the current allocation based on available funds. 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.) 9iP 47 2nd Priority— School/Day Care 3rd Priority - Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank...) 10. Billing/Invoicing and Reimbursement procedure for Agency/Operator Monthly invoices, due by the 15th of the month ATTACHMENT II 48 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 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; (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; 49 (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 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; (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 and/or heater 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 (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. 12111 �� e,= � 50 DATE(MWDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 10/01/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ashley Stefanell NAME: Brown&Brown of Florida,Inc. a/CNr o Ext: (305)714-4400 a/c,No): (305)714-4401 14900 NW 79 Court Suite 200 E-MAIL attefanell@bbinsfl.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA: Harleysville Insurance Company 23582 INSURED INSURER B: Nationwide Mutual Insurance Company 23787 Florida Keys Children's Shelter,Inc. INSURERC: Ascendant Commercial Insurance Inc 73 Highpoint Rd. INSURER D: INSURER E: Tavenier FL 33070 INSURER F: COVERAGES CERTIFICATE NUMBER: 21/22 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 100'000 MED EXP(Any one person) $ 5,000 A Y GL00000075598M 03/01/2021 03/01/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 JECT LOC PRODUCTS-COMP/OP AGG $POLICY El PRO 3'000'000P1 OTHER: Employee Benefits $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y BA0000007558BM 03/01/2021 03/01/2022 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident Medical payments $ 5,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1'000'000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? ❑ N/A WC65365-7 04/30/2021 04/30/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Aggregate Limit 3,000,000 B Claims Made Retro:3/1/2017 PL0000007561BM 03/01/2021 03/01/2022 Ech Occurrence Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Locations Insured: 73 High Point Road Tavernier FL 33070 1621 Spalding Ct Units A-B Key West FL 33040 1621 Spalding Ct Units C-D Key West FL 33040 1102 Truman Ave Key West FL 33040 Certificate Holder is listed as Additional Insured with Respects to General Liability and Commercial Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County of Monroe BOCC ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1026 AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo A'A registered marks of ACORD Effective: 07/01/2021— 06/30/2022 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between The GUIDANCE/CARE CENTER INC., a Florida 501c3 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 MARC HOUSE, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective July 1, 2021 and will continue through June 30, 2022. 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 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 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. WHEREAS, this Contract allows for the provisions of transportation services be provided by the 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: - 1 - 52 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. 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 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 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 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. Comply 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; 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. -2- 53 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. Upon the execution of this Contract, the Agency/Operator shall add the Coordinator as an additional named insured to all insurance policies covering vehicles transporting the transportation disadvantaged. 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. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. Insurance coverage in excess of$1 million per occurrence must be approved by the Coordinator and/or the local Coordinating Board before inclusion in this contract or in the justification of rates and fare structures, s. 41-2.006(1), FAC. 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- 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the 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: 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. 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. - 3 - 54 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 assistance being terminated and further assistance being denied. J. Agency/Operator's obligation to indemnify, defend, and pay for the defense or at the Coordinator's option, to participate and associate with the Coordinator in the defense and trail of any claim and any related settlement negotiations, shall be triggered by the Coordinator's notice of claim for indemnification to the Agency/Operator. Agency/Operator's inability to evaluate liability or its evaluation of liability shall not excuse the Agency/Operator's duty to defend and indemnify within seven days after such notice by the Coordinator is given by registered mail. Only an adjudication or judgement after the highest appeal is exhausted specifically finding the Coordinator solely negligent shall excuse performance of this provision by the Agency/Operator. Agency/Operator shall pay all costs and fees related to this obligation and its enforcement by the Coordinator. The Coordinator's failure to notify Agency/Operator of a claim shall not release Agency/Operator of the above duty to defend. 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. 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. -4- 55 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 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 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 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. - 5 - 56 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: 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 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. 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 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 - 6- 57 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. 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. 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 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: Maureen Dunleavy Guidance/Care Center Inc. 3000 41 st Street, Ocean Marathon, FL 33050 With copies of all notices of default, breach, legal claim, demand for indemnity, or damage copied to: WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Director MARC House P.O. Box 428 Key West, FL 33041-0428 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- 58 WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERATOR: COMMUNITY TRANSPORTATION COORDINATOR MARC House/ The Guidance/Care Center Inc., a Florida 501 c3 not-for-profit corporation [ Agency/Operator Name ] [ Coordinator Name] Diana Renard Frank C. Rabbito Typed/Printed Name of Authorized Typed/Printed Name of Authorized Individual Individual Executive Director 6/24/21 COO 6/24/2021 Title Date Title Date y g Signature Signature Executed pursuant to authority under Resolution WCGCC 2019-10 - g- 59 ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide (0 is Transportation services to disabled clients of the Monroe Association for Retarded Citizens 2. The Agency/Operator will be available to provide transportation (schedule) 7.30 am to 10.30 pm, seven days a week 365 days per year 3. Days Agency/Operator will not be able to provide services None 4. Vehicles Agency/Operator will use to transport all passengers 2014 Ford Turtle Top- 12p-2wc 2006 Nissan Truck-4p 2013 Arboc Sp of Mobility— 8p 2w/c 2003 Pontiac sedan— 4p 2011 Chevy Cutaway— 7p 3w/c 2019 Ford Transit Van— 9p 2019 Ford MiniBus— 9p 2009 Ford P/U— 3p 2008 Chevy Uplander— 3p 2w/c 2016 Ford Van— 11 p 2010 Ford Van— 8p 2019 Ford Transit Van -9p 2003 Ford Club wagon— 7p 2003 Pontiac Vibe — 4p 2009 Chevy Turtle Top— 9p 2w/c 2018 Braun Entervan 3p 1 w/c 2018 Ford Turtle Top -3p 1 w/c 2018 Braun Entervan 3p 1 w/c 2019 VanterraTurtle Top 14p 2018 Ford Turtle Top 3p 1w/c 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way communication devise 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 FA C 41-90rid requirements illustrated throuahout contract) See attached letter 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (See FA 1-90 arid requirements illustrated roughou contract) See attached letter 8. Reporting Requirements Quarterly Operating Reports, Annual Review (conducted by CTC) - 9- 60 ATTACHMENT II 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 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; (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 aenistive 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; - 10- 61 (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 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; (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 and/or heater shall have two years to be in compliance after the adoption date of this section of the Rule; (r) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (s) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. - 11 - 62 DATE(MWDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 08/27/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Yeni Linares NAME: iSure Insurance Brokers,Inc. a/CNr o Ext: (305)223-2533 a/c,No): (305)220-0765 10631 N.Kendall Drive E-MAIL Yeni@iSureBrokers.com ADDRESS: Suite 210 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: Berkshire Hathaway INSURED INSURER B Monroe Association for Retarded Citizens,Inc. INSURER C: P.O.Box 428 INSURER D: 1401 Seminary Street INSURER E: Key West FL 33041 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2181305067 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 47RWS25514406 07/21/2021 07/21/2022 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PIP$10,000. Monroe County Board of County Commissioners is listed as additional insured as per written contract subject to attached form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN FDOT ACCORDANCE WITH THE POLICY PROVISIONS. 605 Suwannee St.MS-26, AUTHORIZED REPRESENTATIVE Tallahassee FL 32399 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo"registered marks of ACORD AGENCY CUSTOMER ID: 00001654 LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED iSure Insurance Brokers,Inc. Monroe Association for Retarded Citizens,Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes LISTED VEHICLES 2008 Chevy 1GBDV13W48D150078 2003 Ford 1FBSS31S83HB27075 2009 Pontiac 1G2ZG57B494214054 2006 Nissan 1N6BA06A16N552119 2010 Ford 1FMNE1BW6ADA53967 2010 Chevy G3500 1GBJG31KX91167804 2011 Chevy G4500 1GB6G5BG1B1185674 2013 Chevy G4500 1GB6G5BGOD1155200 2014 Ford 1FDFE4FS8DDB27553 2003 Pontiac 5Y2SL62803Z448390 2016 Ford 1FBZX2CM7GKB52289 2018 Braun 2C7WDGCG9JR288806 2018 Braun 2C7WDGCGOJR288807 2018 Turtle top 1 FDFE4FS2HDC57575 2019 Turtle 1FDWE3FS8JDC38724 2009 Ford 1FTYR14D79PA37790 2019 Ford 1FDZK1CM7KKB48316 2019 Ford 1FDVU4XM3KKA38240 2019 Ford 1FDZK1CM5KKB48315 2019 Ford 1FDVU4XMXKKA63295 2004 Nissan 1N6DD26T54C478631 2002 Mercedes WDBJH65J82B403795 ACORD 101 (2008/01) 64 © 2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement,� effective I2:OIAM: Forms part Of Policy NO.: Issued to: By: INEW � ��[�� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION ||—COVERED AUTOS LIABILITY COVERAGE |. Subparagraph A.l.Who isan Insured is amended to include the following: The following will qualify as a Named Insured if there is no similar insurance available to that organization, regardless of whether the limits of such insurance are exhausted: a. Any incorporated subsidiary in which you maintain ownership or majority interest on the effective date ofthe policy. b. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest. However: /l> Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; and /2> Covera0edoesnotapp|yto "bodi|yinjury" or "propertydama0e" thatresu|tsfronnan "accident" that occurred before you acquired or formed the organization. No person or organization will qualify as a Named Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. ||. Subparagraph A.l.Who isan Insured is amended to include the following: d. The |eoorofacovered "auto" vxhi|ethe "auto" is |easedtoyouunderavxrittena0reennentif: /l> The agreement requires you to provide direct primary insurance for the lessor; and /2> The "auto" is leased without adriver. Page 1of61 8Hf\L'FL'001'02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 65 Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. e. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability covered by the terms of this policy, arising out of the use of a covered "auto" you own, hire or borrow. However, the insurance provided herein will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. f. Your "employee" while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. g. Your "employee" while operating an "auto" hired or rented under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. h. Any of your"executive officers" or his or her spouse, while a resident of the same household using a covered "auto" described below. For the purposes of this Paragraph h., a covered "auto" for Liability Coverage is any "auto"you don't own, hire or borrow while being used by your "executive officer" or by his or her spouse while a resident of the same household except: (1) Any "auto" owned by that"executive officer" or a member of that person's household; or (2) Any "auto" used by that "executive officer" or his or her spouse while working in a business of selling, servicing, or repairing or parking"autos". We will provide coverage to this "insured" equal to the broadest coverage applicable to any covered "auto"you own that is covered by this policy. Any coverage provided to this "insured" is excess over any other valid and collectible insurance. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. Subparagraph A.2.a Supplementary Payments is deleted and replaced with the following: a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any"suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $300 a day because of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". Page 2 of 6 1 BH-AL-FL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 66 (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. SECTION III—PHYSICAL DAMAGE COVERAGE I. Paragraph A. Coverage is amended to include the following Coverage: Auto Lease Gap If a long-term leased "auto" is a covered "auto" and the lessor is named in the policy as a loss payee,we will pay in the event of a total "loss"the unpaid amounts due on the lease for the covered "auto" at the time of the "loss", less: 1. Overdue lease payments at the time of the "loss"; 2. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. 3. Security deposits not returned by the lessor; 4. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the lease; and 5. Carry-over balances from previous leases. II. Subparagraph A.4. Coverage Extensions is deleted and replaced with the following: a. Transportation Expenses We will pay up to $60 per day to a maximum of $2,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Hired Auto Physical Damage Coverage (1) Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (a) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (b) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (c) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". Page 3 of 6 1 BH-AL-FL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 67 However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $1,000 per accident. (2) Loss to Hired Auto For Hired Auto Physical Damage, we will pay for "loss" to an "auto" you rented or hired without a driver, under a written rental contract or agreement. We will pay for"loss" if caused by: (a) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (b) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (c) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". We will provide coverage equal to the broadest coverage applicable to any covered "auto" you own that is covered by this policy. However, the most we will pay for "loss" to any hired "auto" is: (a) $50,000; (b) The actual cash value of the damaged or stolen property at the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property; whichever is smallest, minus the deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3) This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. c. Expense for Stolen Auto Return We will pay up to $10,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered "auto". III. Exclusion B.3 is deleted and replaced with the following: 3. We will not pay for"loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not apply to accidental discharge of an airbag. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". IV. Paragraph D. Deductible is deleted and replaced with the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. However, no deductible applies to glass breakage if the glass is repaired rather than replaced. Page 4 of 6 1 BH-AL-FL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 68 Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. If another policy or coverage form issued by us or any company that controls, is controlled by, or is under common control with us, applies to the same "accident", the following applies: 1. If the deductible under this policy is the smaller(or smallest) deductible, it will be waived; or 2. If the deductible under this policy is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. SECTION IV-BUSINESS AUTO CONDITIONS I. Subparagraph A.2.a. is deleted and replaced with the following: a. In the event of"accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "accident" or"loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. This condition applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An officer or insurance manager, if you are a corporation. Your failure to give first report of a claim to us shall not invalidate coverage under this policy if the loss was inadvertently reported to another insurer. However, you shall report any such "accident", claim, "suit" or"loss" to us within a reasonable time once you become aware of such error. II. Subparagraph A.S.Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, we waive any right of recovery we may have against any person or organization with whom you have a written contract executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. III. Subparagraph B.2. Concealment, Misrepresentation Or Fraud is deleted in its entirety and replaced with the following: Page 5 of 6 1 BH-AL-FL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 69 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. Any unintentional failure by you or any "insured" to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this policy. However, you must report such error or omission to us as soon as practicable after its discovery. IV. Subparagraph 13.5.b. is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". SECTION V—DEFINITIONS I. Definition C. "Bodily injury" is deleted and replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from any of these. All other terms and conditions of the policy remain the same. Page 6 of 6 1 BH-AL-FL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 70 Effective: 07101/2021-6/30/2022 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS T A T is entered into between The I / CENTER, INC., a Florida 01 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 COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective Jul ,20 1, and will continue through June 30, 2022. WHEREAS, the Coordinator is required, under Rule 41-2.011, F.A.G., 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 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. WHEREAS, this Contract allows for the provisions of transportation services be provided by the 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: 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 1. This 71 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 Accountina Consortium Model Uniform Accountina Svstem for Rural and SDecialized 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 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 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. Comply 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, FS,, 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- 72 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. 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, 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: 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. -3- 73 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. 9. 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 assistance being terminated and further assistance being denied. 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. 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 11]; 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. .4- 74 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 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 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 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. -5- 75 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: 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 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. 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 person with proof of 6- 76 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 CT®. 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. F. This Contract is the entire agreement between the parties. 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: 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 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 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- 77 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 corporation [Agency/Operator Name ] [ Coordinator Name] Michelle Coldiron Frank Rabbito Typed/Printed Name of Authorized Typed/Printed Name of Authorized Individual Individual 5/412 021 Mayor 05.19.2021 Coo Title Date Title Date 0�1�9L-- �r Signature Signature Executed Pursuant to authority under Resol tion WCGCC 2021- 1 i�0NROE co ATTOM" ' 0 ROVE FORM A3 NTY ATTORNEY � DSM �a ATTEST: Kevin Madok, Clerk Auml A Deputy Oerk -s- 7s ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1 . The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit Z The Agency/Operator will be available to provide transportation (schedule) Monday - Friday 8 AM to 5 PM 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 w1c capacity) See Attached List 5. Vehicle/Equipment Standards Air Conditionin?, first aid kit, fire extinguisher, warning triangles, 2 way radios, bodily fluids kit, w tie downs for c 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, Drug Screening (see FAC 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAC 41-90 and requirements illustrated 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: 1st Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority— School/Day Care V Priority - Other (Other includes transport for the purpose of conducting personal business. -i.e. shopping, going to the bank... -9- 79 ATTACHMENT 11 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 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; (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 o 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; 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 passenger seating _10- 80 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 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; (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. 81 cr. o aS 2 2 2 2 rq 0 (4 m kn oc N N C-4 u u u rq 00 t4 CA CA Cq N cli N an C3 u Q:)V) C7 -in CL C4 �M. 0 0 COO (A 17, cry 00 t- b® CTti a 00 r- 00 0 C> 0 c 00 00 > 110 '4q ai �o CN rt IC oc 00 C, ''q cc a c a o c7 E E 8 =s ( (N rq N N N N <4 N cli 82 -', WESTFOU-01 SE72ASCOTT ,d►coRo. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �•� 6/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Deidre Williams NAME: AssuredPartners, Lake Mary PHONE FAX 300 Colonial Center Parkway,Suite 270 (A/C,No,Ext): (A/C,No): Lake Mary,FL 32746 E-MAILADDRESS:deedee.williams@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Allied World Surplus Lines Insurance Company 24319 INSURED INSURER B:Vanta ro Specialty Insurance Company 44768 Guidance Care Center Inc. INSURERC:Continental Divide Insurance Company 35939 PO Box 94738 INSURER D: Las Vegas,NV 89193-4738 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR 5088087802 7/1/2021 7/1/2022 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY JECT PRO- El ❑ LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 5091019302 7/1/2021 7/1/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE 5090022302 7/1/2021 7/1/2022 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WEWC214974 2/26/2021 2/26/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,UUU If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabili 5088087802 7/1/2021 7/1/2022 Aggregate 3,000,000 A Professional Liabili 5088087802 7/1/2021 7/1/2022 Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) INSURER AFFORDING COVERAGE: Allied World Surplus Lines Insurance Company POLICY NUMBER: 5088-0878-02 EFF DATE: 07/01/2021 EXP DATE:07/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Abuse&Molestation Per Occurrence $1,000,000 Aggregate $3,000,000 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 83 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:WESTFOU-01 SE72ASCOTT LOC#: 1 A 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Assured Partners, Lake Ma Guidance Care Center Inc. Mary PO Box 94738 POLICY NUMBER Las Vegas,NV 89193-4738 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: INSURER AFFORDING COVERAGE: Houston Casualty Company POLICY NUMBER: H2ONGP203970-00 EFF DATE: 09/21/2020 EXP DATE: 09/21/2021 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Network Security Liability Per Claim: $5,000,000 Aggregate: $5,000,000 Monroe County Board of County Commissioners is Additional Insured under the General Liability and Automobile Liability as required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are84egistered marks of ACORD 'Nrt4 ; L_ VENIIQR SE12 'ICE AGREEMENT of this THIS VENDOR SEl2, ICE AGREEMENT (the `{idarrcelCare Ce to,effective Ine4sa p'lorrdaVnot�f�r� October, Z021 {"Effective Bate") between The Gu "WestCare'') and Caribbean Transfers, Inc. dba Key' Lime Taxi profit corporation . Care collectively hereafter the "Parties" and individually the ("Vendor"). Vendor and West are' "Party". The Parties agree as follows: }, Services to be Performed. Vendor will provide the crated sherein set fby and throughorth on Exhlbit is ("Services), which exhibit is attached hereto and incorporated reference. 2. Tenn. This Agreement shall conme notwithstance on the fding�either party may terminate Date and shall expire on December 31, 2i121 ("Terrra"'), Foregoing not less than ten this Agreement at any time, with or wit cause,brea hesupon �) the obligations set forth in days this hout notice to the other party. if either y Agreement, the non-breaching Party may terminate y Agreement day ages caused by the breach. (5) days prior written notice and retain right to a (unless otherwise provided herein) and subsequent termination. Upon expiration or termination of this agreement, neither party shall have any further obligation hereunder except for (1) obligations due and owing which arose prior to the date of termination, and (ii) obligations, promises or covenants contained herein which expressly extend beyond the term of this agreement. 3. Performance Standards. Vendor shall the State omply with lf Florida.bAdditionally, and le laws, codes, ordnances, and regulations o the Unites States without limiting the foregoing, Vendor shall take all commercially reasonable care in the delivery of Services under this Agreement. 4. Compensation. In full consideration for the performance of the 'Services set forth in Section 1, including for any rights granted or relinquished by the Vendor under this Agreement,WestCare shall pay Vendor the rate set forth in Exhibit9B based on the specific Service(s) provided pursuant to this Agreement("Fee Rate"). Services provided pursuant to this Agreement are to be documented and invoiced by Vendor in writing at the end of each calendar month of service. All written invoices are due by the 5th day of the month for the previous month's service. compensation shall be payable on the last day of the calendar month following WestCare's receipt and acceptance of Vendor's written accurate invoice. Vendor acknowledges and agrees that, except as provided in this Section or as otherwise set forth in Exh_ %_ b , it shall not be entitled to,and esfiCare shall not be obligated to pay, any monies or other compensation for the 'Services provided and rights granted under this Agreement. Wcocc vsA Page I of 16 ;. Intentionally Deleted. l all 6. Confidential Information, Both parties hereto shall siness affairs or any of information of thoperationsperatio relating to either party"s operations or the general or general business affairs of the party(including the e affiliate or subsidiary as a result of companies) which the other party may observe or which may the party's performance under this moU. Neither party shall not disclose any information, including without limitation any information contained in use wither than the performis ance�underhhids parties or use any such information for any harp Additionally,the Parties agree mOU, without the prior written consent of fire other party- to abide by all State and.Federal laws, ru es andat on regulco ceriaing any individual client to . Bath parties agree not to divulge any any unauthorized person or agency without the written consent of the client and participant. This Section 6 .shall survive the termination of the Agreement. 7. Indemnification. Vendor shall indemnify, dand old Ws,est are directors,(including includiemployees, n �without Y oust limitation WestCare s affiliates, subsidiaries' from and against any representatives, independent contractors and agents) harmless for, and all losses, expenses, costs, liabilities, damages, claims, suits and demands (including without limitation attorney's fees and costs) arising from or attributable to the acts or omissions of Vendor (including but not limited to Vendor's officers, directors, employees, representatives, sub-contractors and agents). $. Insurance. Vendor shall be solely responsible, t Vendor's worlcer�sole compensatirin insurance maintaining its own liability insurance, includingany required under applicable law. At no time shall WestCare be liable for any insurance obligation of Vendor, rants to q. Represent and Warranties. de at o bforor hery eWestCare agreeing to enter presents, covennts and imto the WestCare as a material part of the cons Agreement, as follows: (i) Vendor is a corporation, duty organized and validly existing iz under the law; (ii) the execution of this Agreement has been duly authorized by all necessary corporate action on behalf of Vendor; and (iii) Vendor has I tained an t eds currently holds all licenses, permits and approvals of allg ernr necessary or appropriate to perform Vendor's obligations under the this Agreement. 1.U. Intellectual property. Neither party to this Agreement shall be deemed to be granted any right, title or interest in or to the trademarks, trade names, service marks, copyrights, patents or other intellectual property of the other Party. WestCare and Vendor expressly acknowledge and agree that neither party is granted under this Agreement the right to rise, refer to or incorporate in any materials, including without limitation marketing materials, the name, logos,trademarks, or copyrights of the other Party. l 1. Intentionally Omitted. occ vsA Page 2 of 16 86 12, Notice. Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognized messenger service, or bto suchy registotherered oaddressr certifie as d mail, return receipt requested, to the address set forth herein or that party may hereafter designate by notice. Notice shall be effective when received, which shall be no greater than one (1) business day after being sent by a nationally recognized messenger service or three (3) days after being sent by mail. If to WestCare: Guidance/Care Center,Inc. Attn: Maureen Dunleavy 3000 41" Street ocean Marathon, Florida 33050 with a copies of any legal notice, notice of demand, notice of breach, demand for indemnity, claim, assertion of damage or notice of default to: WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson,Nevada 89014 If to Vendor-, Caribbean Transfers,Inc. dba Key Lime Taxi Attn: Margaret Scholl 30886 Hammock Drive Big Pine Key, FL 33043 13, Miscellaneous. (a) Time is of the essence of this Agreement. (b) This Agreement, together with all documents incorporated herein by reference, if any, constitutes the entire agreement between the Parties. There are no terms, conditions or provisions, either oral or written between the parties other than those contained in this Agreement, (c) No amendment to this Agreement shall be enforceable, unless in writing and signed by the Parties. (d) Whenever the context may require, any pronouns used in this Agreement shall masculine, feminine or neuter forms, and the singular include the corresponding form of nouns and pronouns shall include the plural and vice versa, Captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or of any provision herein. (e) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same iCjCC VSA Page 3 of 16 agreement. Any such counterpart signature Pages may be attached to the body of one agreement to form a complete integrated whole, (j) Any term or provision of this Agreement which now or hereaft regulat er is an Of any declared contrary to any law, order, ordinance, requirement ruling or governmental authority, whether federal, state or local, whether now in force or enacted or promulgated in the future, or which is otherwise invalid, shof the all be deemed stricken from this Agreement without impairing the validity remainder of this Agreement. (g) This Agreement shall be governed by and construed in accordance his Agreement shall with the law of the State of Florida. The venue for any dispute arising under t be a court Of competent jurisdiction in Monroe County, State of Florida. (h) Neither Party hereto shall be entitled to recover special damages in the nature of lost profits or consequential damages, (i) The Parties to this Agreement are acting as iA ndepenement dent shall contcreateractors and in this gre or be independent employers. Nothing contained construed as creating a partnership, joint venture or agency relationship between the parties. Neither Party shall have the authority to bind the other Party in any respect. In the event of any action or proceeding to compel compliance with, or with respect to any breach of this Agreement, the prevailinog party shall be entitled to recover all reasonable costs and reasonable expenses f such action or proceedi including without limitation its reasonable attorneys' fees and costs incurred in connection therewith regardless of whether any formal legal action is commenced or whether such fees and costs are incurred at or in connection with trial or appellate proceedings. (k) Vendor shall perform all of the Services under this Ao s tiompliance with all applicable federal, state and local laws, ordinancesgreement in c, rules, regulan , codes or orders. (1) Any failure by either Party at any time, to enforce or require the other Party's compliance with any of the terms and conditions of this Agreement shall not constitute a waiver of such terns and conditions in any way, or the right of the non-defaulting party at any time to avail itself of any and all remedies it may have for any breach of said terms and conditions including without limitation any right to terminate this Agreement. The remedies of the parties provided for in this Agreement shall be cumulative with all other remedies that either Party may have against the other party at law or in equity. i b (m) All of the covenants and agreements contained in this Agreement shall e extended to and be binding upon the successors and assigns of the Parties, GCC VSA Page 4 of 16 88 Neither Party may assign this Agreement in whole or in part or assign, pledge or otherwise transfer either party's obligations hereunder except with the prior written consent of the non-assigning party, which consent shall not be unreasonably withheld. (o) The Vendor shall not subcontract any portion of the Services contemplated by this Agreement without the prior written consent of WestCare, which consent may be given or withheld in WestCare's sole and absolute discretion. (Signature Page to follow) CjCC VSA Page Scat 16 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties, by their duty authorized representatives, have executed this service Agreement as of the Effective Day noted above. {`Vendor'' FT Westcare"'HE+GUII3AtVCFfC AizE CENTER,INC. CARIBBEAN TRANSFERS,INC. a Florida 501c3 not-far-profit corporation nBA KEY LiNtE TAXI By By, + - Name: 1~'rarak C- Rabbito Flame: r _ lts. coo Its: - 101612021 Date; - - Date; Executed pursuant to authority under Resolution WCGCC 201.9-Ifl I t;Cc vsA bane 6 of 16 ss Ex—hibit A Services WestCare will supply Vendor with provide (3) 4-door cruisers with secure transport partitions. Vehicles must be housed at designated locations on WestCare property when not in use. Maintenance specifications: one vehicle to be stationed in Key West at WestCare and the other in Marathon at WestCare headquarters. The third vehicle will be stationed at either the Key West or Key Largo WestCare locations dependent on need and as determined by WestCare administration. WestCare will pay for the fuel and maintenance of the vehicles used for Baker Act and Marchman Act transportation. Vendor will complete daily inspections each time the vehicles are driven as noted on the inspection forms which will be submitted to WestCare with trip verification. WestCare will coordinate the maintenance for both vehicles above. WestCare will maintain insurance on all the vehicles. Vendor will be named as an "additional insured" for these three cars. All Vendor drivers operating WestCare vehicles will hold a minirnum of a Class E Florida Driver's License and be approved for WestCare insurance coverage by the Transportation Coordinator. Upon execution of this agreement, Vendor will fax/email to WestCare's Transportation Coordinator a current fist of drivers— including a copy of the driver's license and social security-number for each driver—for approval to operate WestCare vehicles. Prior to adding a driver, Vendor will fax or email to westCare's Transportation Coordinator,or designee, a copy of the driver's license, social security number and signed "Request for Check of Driving Record"form, WestCare will initiate procedures to add the driver to WestCare vehicle insurance Vendor cannot use the driver for BA/MA transports until it has received written notification that the driver has been added to the WestCare insurance coverage. All drivers are required to have at minimum 3-year clean driving record. Additionally, Vendor will fax a copy of picture identification and social security number for each escort to WestCare's Transportation Coordinator or designee. Vendor cannot use the escort for BA/MA transports until it has received written notification that the escort has been approved by WestCare. All BA/MA approved drivers must read and sign the acknowledgement of reading and receiving, attached hereto as Attachment I Transportation Protocol. Vendor will report and document accidents involving WestCare vehicles and incidents involving clients to the proper authorities and immediately thereafter contact the site director at WestCare. Following an accident, WestCare Vehicle Incident Protocol must be followed. A Vehicle incident Kit, attached hereto as Attachment—ach ent 4, has been provided for each vehicle with instructions. Additionally, anyone involved in an accident with a WestCare vehicle MUST BE DRUG TESTED as soon as possible -following the incident. Drug testing forms are included in the kit. GCC VSA Page 7 of 16 91 Any citations received while driving a WestCare vehicle will be the respnsibility of the driver. Refusal or failure to accept responsibility for citations may resulto in removal of driving privileges. ve. WCare w All drivers are required to complete a drug test prior to approval to dri provide chain of custody forms and arrange for payment of the testing at an a estroved ill pp testing site. All drivers and escorts must provide a current local background screening prior to approval to drive. Screening is to be arranged between the vendor and the driver/escort. All drivers will be required to complete an orientation and verbal de-escalation training prior to approval to drive. WestCare will provide details for accessing the training. All BA/MA approved drivers must read and sign the acknowledgement of completing the assigned training, attached hereto as Attachment 5. Prior to scheduling training,Vendor is to provide WestCare with copies of the following: a. A completed DriverlEscort Application Attachment 6 b. A copy of the applicant's Driver License (Drivers only) c. Signed copies of any requested Disclosures & Authorizations Vendor will follow the transportation protocol and complete the documentation provided as Attachment 1-3 herein. WestCare, upon approval of drivers, will issue an identification badge. CjCC VSA page 8 of 16 92 Exhibit B Compensation Pursuant to the terms and conditions set forth in this Agreement, and pursuant to the invoice requirement set forth in Section 4 herein, WestCare shall pay Vendor the following fee structure established for the Term of the Agreement: Caribbean Transfers Estimated t Client Pickup Point Client Drop-off Point Pa went trips �R:ounddtril?s $115 -ke— We Key West Key West Marathon Marathon $115 Marathon $145 450 Key West Key West $145 Marathon Key Largo $145 Marathon Marathon $145—,-- Key La o y_L rg_. --tv $385 Marathon Miami-Dade Count, 40 1 Ke)LLLar_go .,. Miami-Dade Count $385 0 Key Jj�e Miami-Dade County $385 4 _ GCC Preauthorization Required for All Trips Below ill be granted only when the Marat on BA/MA vehicle Is engaed *Approval for below fees will iod oft' with another BA/MA tri that would reclude another ickup hin a reasonable per] ine Client Pickup Client Drop-off Caribbean Estimated # Car Point Transfers ayinent R,oundtri s Location Point $145 5 Key West Marathon &North Marathon $145 5 Marathon Key West Marathon 2 Kg West Marathon &North Key Largo $225 3 Key West Marathon &North Mianti-Dade $385 County GCC Preauthorization Re ufired for All Tr' s Below Caribbean Estimated Client Pickup Point Client Drop-off Point Transfers Pa ent Roun tri s Caribbean.Transfers Pay Key Largo Avon Park(Area) IS770 Marathon Avon Park(Area) $770 Ke West Avon Park (Area) $770 Up-State (McClenny Area) $1,200 Key Largo Up-State(McCtenny Area) $1,200 Marathon 0 I Key West Up-State (McClenny Area) , $1,200 Timely payment for services rendered is endured by adherence to the following invoicing procedures.Vendor will submit one statement/invoice per month pursuant to the procedure set forth in • Section 4 herein to the attention of the GCC Marathon Site Director. • WestCarc does not reimburse Vendor for cancelled trips, Compensation to the (jCC VSA page 9 of 16 drivers/escorts for cancelled trips is at the discretion of Vendor CjC(,:VSA Page 10 of 16 Attachment I Guidance/Care Center Transportation Prot€►col: The Transportation of Baker Act and arc an Act Clients (See Attached) (jCC VSA Page 11 ON6 95 ATTACHMENT 1 GUIDANCE /CARE CENTER TRANSPORTATION PROTOCOL: THE TRANSPORTATION OF BAKER ACT AND MARCHMAN ACT CLIENTS A. Client Related Rules: 1 Confidentially of a client and client related information shall be maintained at all times. 2 Each client shall be treated with respect and dignity at all times. 3 At no time shall a driver touch a client 4 No information with client information shall leave the clinic unless part of a client transfer packet to a designated facility. (No driver/escort shall maintain a personal copy of the Transportation Record and Payment Authorization Sheet.) 5 A female client requires a female escort or a female driver. 6 A client must be observed for any unusual behaviors including hurting self/others or sudden medical conditions. Respond to a medical emergency by calling 911. If a client is violent during transport and poses a threat to safety, stop the vehicle and call 911. Notify the Nurse on Duty of any unusual situation at (305) 434-7660 ext. 31123. 7 Only one client may be transported at a time 8 A client may only be transported in the back seat of a secure vehicle 9 All client belongings should be immediately placed in the trunk of the vehicle and NOT with the client or in the front seat of the vehicle. 10 A parent is not allowed to travel in the Baker Act vehicle with a Baker Act or Marchman Act minor. When a parent or other responsible party reports he/she plans to follow the Baker Act vehicle, the Baker Act driver advises the parent/party that our primary responsibility is to the child and ensuring the safety of the child therefore following our vehicle as a method of direction is not encouraged 11 Drivers, Escorts and Clients are not to smoke in the car at any time. 12 A client shall be under the observation of the driver or escort at all times during the transport 13 Clients are not to be in handcuffs or any type of restraints for any reason 14 Client is encouraged to use restroom facilities prior to departure. If the trip is generated from Key West and a stop is required, G/CC Marathon may be used for that purpose. Rvsd/md 9.2019,lfm 8.13.20 - i - 96 15 A client shall not be left alone in the vehicle during the trip for any reason. 16 If a client must use a public facility, the client must be escorted to the restroom and the driver must remain outside the restroom door until the client leaves the restroom. The driver will remain in conversation with client while the client is in the restroom. THIS SHOULD HAPPEN ONLY UNDER MOST EXTREME CIRCUMSTANCES. When available, vehicles will have disposable urinals for emergency use. 17 A client may not shop during a stop. All efforts should be made to avoid stops. If a stop is required, it should be short and without delay 18 A client may not use aluminum/metal cans. Items for drinking shall be provided only in a paper or styrofoam cup B. Coordination of Transportation Rules: 1 Transportation arrangements for Baker Act and Marchman Act clients are under the direction of the Unit Nurse on Duty/G/CC per contractual arrangement Caribbean Transfers, Inc. No other agency is authorized to contact Caribbean Transfers, Inc. directly for transportation 2 Driver/escort MUST respond to the pick-up point within a maximum time-frame of 1 hour and 15 minutes. 3 Final decision for a driver to transport is made by the nurse on duty. The nurse may request a BAL be conducted or send a drivers/escort home if he/she has a concern 4 A driver shall not be permitted to drive more than 12 hours in any one 24-hour period, or drive after having been on duty for 16 hours in any one 24-hour period. 5 All trips will be made within the approved fee structure 6 All trips will be made using the closest vehicle and the shortest distance unless preauthorization is obtained from the Unit Nurse on Duty at the G/CC. 7 Clients may be picked up at only approved locations. The G/CC Nurse on Duty will communicate the pick-up location. Approved locations will include: a. Hospitals b. Detention Facility c. Schools d. All G/CC sites e. Or otherwise authorized by the Transportation Coordinator Rvsd/md 9.2019,lfm 8.13.20 -2- 97 8 All clients are to REMAIN IN THE VEHICLE and be escorted to/from the vehicle by agency or facility staff. Drivers are never responsible for escorting a client to or from the vehicle. 9 DePoo Hospital: Pick-up / drop-off is located in the rear next to the handicap parking. Upon arrival, call the nurse's station directly from the vehicle at 305-294-5531 x8330. Hospital staff will escort the client to/from the building. 10 Lower Keys Medical Center Pick-up / drop-off is at the ER entrance. Upon arrival, call 305- 294-5531 x3202. 11 At G/CC Marathon, use the telephone call box next to the elevator. 12 At GCC Key West or GCC Key Largo, notify receptionist inside when you have arrived. 13 Clients from the Monroe County Detention Facility shall be picked up from the Sallyport area only. To access the Sallyport area, the driver must drive the car within 1 foot of the Sallyport entrance. If the door does not open, the escort must use the speaker mounted on the wall next to the Sallyport entrance to request entrance. Once inside, Detention Facility staff will bring the client to the car. When the client is inside the car and the doors are locked, the Sallyport area exit doors will open. 14 The facility responsible for the departing client for a trip longer than 2 hours shall provide a brown bag snack. All minors shall be supplied with a snack for any trip over 1 hour. 15 When a driver reports a client is too dangerous to transport, GCC nurse on duty shall be notified and he/she will coordinate with the Sheriffs department to transport the client 16 If a client absconds at time of or during transport, immediately contact 911 and report the information to the G/CC Nurse on Duty. Do not go after the client. 17 The driver/escort must determine from the pick-up facility if the client has been searched and encourage staff to conduct a search prior to transport. If the client is not searched prior to transport, the driver must communicate this information to the Duty Staff Member prior to opening the client door at the Designation point C. Reimbursement related rules 1 Compensation for drivers /escorts is determined by the vendor. 2 All cancelled and otherwise diverted trips will be reported on the Transportation Record and Payment Authorization Sheet. GCC does not reimburse vendor for cancelled trips. Compensation for cancelled trips is at the discretion of the vendor. D. Dress Code 1 Drivers must wear their Vendor issued ID badge at all times Rvsd/md 9.2019,lfm 8.13.20 - 3 - 98 2 All clothing worn by the driver must be clean and in good condition 3 As a minimum standard, drivers should wear a shirt which has a full body and sleeves. Knee length shorts may be worn 4 The driver must maintain good standards of personal hygiene. 5 Footwear for all drivers shall fit around the heel and toe of the foot. Sneakers are acceptable. 6 The following are deemed to be unacceptable: (a) Clothing that is not kept in a clean condition, free from holes and rips. (b) Words or graphics on any clothing that is of an offensive or suggestive nature. (c) Cutoff shirts or shirtsleeves (d) The wearing of hoods or other clothing that obscures the driver's vision or their identity I acknowledge I have received and read the above BA/MA Transportation Protocol. Driver/Escort Signature Date Printed Name Rvsd/md 9.2019,lfm 8.13.20 -4- 99 Attachment Transportation Record and Payment Authorization ee (See Attached) GCC VSA Page 12 of 16 100 ATTACHMENT 2 GUIDANCE/CARE CENTER 3000 41ST ST. Ocean Marathon, FL 33050 Voice 305-434-7660 • Fax 305-434-9040 TRANSPORTATION RECORD AND PAYMENT AUTHORIZATION SHEET Transportation Type: ❑ Baker Act ❑ Marchman Act Date: Client Name: DOB: Time Called: Time of Pick Up: Time of Drop Off: Time van returned to Duty: Vehicle: KW vehicle Mar vehicle Place of Pick Up: (Where did you pick up the Client: Facility Name/City) Authorized Staff Signature at Pick Up Facility: Time: Destination: (Where did you take the Client: Facility Name/City) Authorized Staff Signature at Designation Facility: Time: (Staff member accepting client) Driver Name: Escort Name: Beginning Miles: Pick Up Miles: Drop Off Miles: Ending Miles: ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------, FOR G/CC USE ONLY: Amount to be paid: Unit Director Signature: ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- \\westcare.local\dfsredirection$\FL-Miami\veronica.mendez\Desktop\WestCare-EAST\Guidance Care Center(GCC)\Caribbean Transfers dba Key Lime Taxi\2020-202 1\Attachment 2-auth sheet VSA Baker Act.doc RVSD0912 101 Attachment 3 statement (See Attached) GC: VSA Page eJb Attachment 3 Statement Date: Caribbean Transfers, Inc. 30886 Hammock Dr. Big Pine Key, FL 33043 Lisa arciniak- Site Director Guidance/Care Center 3000 41 st St. Ocean Marathon, FL 33050 Re: Baker Act and Marchman Act transportation The following is a break down for trips from to Date Name Pick Up Cost Vehicle Designation 1 2 3 TOTAL Caribbean Transfers, Inc. G/CC Finance Director or Designee Signature Representative Signature \\westcare.local\dfsredirection$\FL-Miami\veronica.mendez\Desktop\WestCare-EAST\Guidance Care Center(GCC)\Caribbean Transfers dba Key Lime Taxi\2020-202 1\Attachment 3-Statement for Caribbean Transfers, Inc..doc Rvsd: 10/10 rvwd:0914 103 Attach e 4 Vehicle Incident Kit (See Attached) GCC Vs& Page M3@ .......................... i Vehicle Incident Kit Contents: Vehicle Incident- Protocol and Reporting Policy Vehicle Incident Report Form Vehicle Incident- Passenger/Witness Statement Forms* Vehicle Incident Traffic Diagram Disposable Camera 12 Pens Number of Statement Forms Required is to equal vehicle passenger capacity plus an additional two for other witnesses. "Drivers are responsible for making sure this kit is complete at all times. 105 Vehicle Incident Protocol and Reporting_Policy (Vehicle Incident Kit Copy) DO IMMEDIATELY: l. Immediately after the incident, examine and question persons for bodily injury and then examine vehicle for damage. 2. If there is an accident involving another vehicle or if persons involved require immediate medical attention, call 911 or 311 accordingly. 3. If involved persons do not report injury, authorities still need to be contacted and a police report requested. If the request for a police report is declined, the reason and dispatcher name and badge number need to be noted. 4. After authorities have been called, your supervisor needs to be called. DO NOT: 1. DO NOT admit fault if you are truly not at fault. 2. DO NOT leave the scene of an accident. 3. DO NOT drive the vehicle if you feel it is unsafe. 4. DO NOT drive the vehicle if you feel physically incapable of driving safely. 5. DO NOT discuss the incident with anyone other than law enforcement authorities, your supervisors, or a claims adjuster from York Claims Service Inc. GATHER INFORMATION & COMPLETE INCIDENT REPORT: 1. An incident will be defined as any occurrence that resulted in damage to the vehicle and/or injury to any person. Damage to a vehicle will be defined as anything that resulted in the property not being left in the same condition as before the incident. 2. Locate and complete the Vehicle Incident Form, complete all the information requested regarding incident and parties involved and take photos of damage with camera provided. 3. All passengers and other available witnesses, if applicable, need to complete the statement form. 4. After police report has been completed (if it was not declined), persons have been cared for (if injury occurred), and vehicle is operational, return to the office. 5. Any and all vehicle incidents must also be reported electronically upon return to the office by attending supervisor by transferring information from Vehicle Incident Form. The incident report.will be completed online by logging into the Westcare Intranet at https://secure.westeare.com/intra/. 6. An additional email must also be sent by the attending supervisor to the following management staff summarizing the incident and action taken; Program Director/Coordinator, Area Director and/or Vice President, and Michael Lavin, Sr. VP of Operations. 7. Supervisor will await further instructions by Program Director/Coordinator and/or Area Director/Vice President and Michael Lavin, Sr. VP of Operations. MANDATORY DRUG TEST The driver of the vehicle involved MUST immediately take a drug test upon completion of the Vehicle Incident Report Form. The driver's supervisor will provide the documents needed for the designated laboratory. Approved by Senior Management 712009 106 Page I of 3 Westcare Vehicle Incident Report Form This form is to be completed by driver immediately after a vehicle incident, when all persons involved have been checked for injury and provided medical attention(if applicable), and while all parties are still present. Basic Information: Incident Date and Time: Incident Location: Were Authorities called? Yes/No If no, explain why? If yes, was a police report request granted? Yes /No If yes, list police report number and attending officer name: If no, list reason why it was declined? Dispatcher Name and Badge Number: Was citation issued? Yes or No If yes,to whom: Westcare Vehicle Information: Year/Make/Model: VIN: Plates: State: Description of Damage: Please take pictures of damage with disposable camera provided in Vehicle Incident Kit. Driver Information: Driver Name and Job Title: Driver License Number: State: Involved Party I Year/Make/Model: Role in Incident: Description of Damage: Please take pictures of damage with disposable camera provided in Vehicle Incident Kit. i Insurance Company: Claims Phone: Policy# License# State: Driver Name: Phone: Injured? Yes or No If yes, explain: Passenger I Name: License# State: Injured? Yes or No If yes, explain: 107 Page 2 of 3 Passenger 2 Name: License# State: Injured? Yes or No If yes, explain: Passenger 3 Name: License# State: Injured? Yes or No If yes, explain: (Attach sheet if more passengers present) Involved Party 2: Year/Make/Model: Role in Incident: Description of Damage: Please take pictures of damage with disposable camera provided in Vehicle Incident Kit. Insurance Company: CIaims Phone: - Policy# License# State: Driver Name: Phone: Injured? Yes or No If Yes, explain: Passenger 1 Name: License# State: Injured? Yes or No If yes, explain: Passenger 2 Name: License# State: Injured? Yes or No If yes, explain: Passenger 3 Name: License# State: Injured? Yes or No If yes, explain: (Attach sheet if more parties involved) Passengers Present in Westcare Vehicle: All passengers must complete a Vehicle Incident Passenger Statement Form. 1. Staff or Client Name: Injured? Yes or No If Yes, explain: 2. Staff or Client Name: Injured? Yes or No If Yes, explain: 3. Staff or Client Name: Injured? Yes or No If Yes, explain: 4. Staff or Client Name: Injured? Yes or No If Yes, explain: Page 3 of 3 S. Staff or Client Name: Injured? Yes or No If Yes, explain: 6. Staff or Client Name: Injured? Yes or No If Yes, explain: 7. Staff or Client Name: Injured? Yes or No If Yes, explain: S. Staff or Client Name: Injured? Yes or No If Yes, explain: (Attach sheet if more passengers present) Detailed Explanation of Incident: Was this a preventable incident? Yes or No Explain why or why not: I confirm the information provided in this report is as accurate to my knowledge and as thorough as possible. Name: Signature: *This report must be sent to the attending supervisor as promptly as possible. Attending supervisor must complete and submit an electronic incident report via the Westcare Intranet and email management. **The Driver of the Westcare vehicle must take a drug test, as required by company policy,immediately after the vehicle incident and attending supervisor needs to know the time of completion. Approved by Senior Management 712009 109 Westcare Vehicle Incident Passenizer/Witness Statement Form Name: Are you Westcare Staff, a Westcare Client, or Other? Are you a Driver, Passenger or Other Witness? If Other Witness, please list Contact Information: Address: City: St: Zip Phone: { ) Incident Date and Time: z Incident Location: Westcare Vehicle Make/Model: Description of Incident/Event: _ Are you injured? Yes or No If yes,please explain: I was offered medical evaluation: Yes or No If yes, I: Accepted or Declined Signature: I certify that the above information is as accurate to my knowledge and as thorough as possible. Signature Date This form will be forwarded to attending supervisor to be part of the Vehicle Incident Report. Thank you for your cooperation. Approved by Senior Management 712009 S.L. 110 Westeare Vehicle Incident Passenger/Witness Statement Form Name: Are you Westcare Staff, a Westeare Client, or Other? Are you a Driver, Passenger or Other Witness? If Other Witness,please list Contact Information: Address: City: St: Zip Phone: Incident Date and Time: 4 Incident Location: Westcare Vehicle Make/Model: Description of Incident/Event: Are you injured? Yes or No If yes,please explain: I was offered medical evaluation: Yes or No If yes, I: Accepted or Declined Signature: I certify that the above information is as accurate to my knowledge and as thorough as possible. Signature Date This form will be forwarded to attending supervisor to be part of the Vehicle Incident Report. Thank you for your cooperation. Approved by Senior Management 712009 S. L. 111 Westcare Vehicle Incident Passenger/Witness Statement Form Name: Are you Westcare Staff, a Westcare Client, or Other? Are you a Driver, Passenger or Other Witness? If Other Witness,please list Contact Information: Address: City: St: Zip Phone: - Incident Date and Time: Incident Location: Westcare Vehicle Make/Model: Description of Incident/Event: Are you injured? Yes or No If yes,please explain: I was offered medical evaluation: Yes or No If yes, I: Accepted or Declined Signature: I certify that the above information is as accurate to my knowledge and as thorough as possible. Signature Date This form will be forwarded to attending supervisor to be part of the Vehicle Incident Report. Thank you for your cooperation. - Approved by Senior Management 712009 S.L. 112 Westeare Vehicle Incident Passenger/Witness Statement Form Name: Are you Westeare Staff, a Westeare Client, or Other? Are you a Driver, Passenger or Other Witness? If Other Witness,please list Contact Information: Address: City: St: Zip Phone: Incident Date and Time: Incident Location: Westcare Vehicle Make/Model: Description of Incident/Event: Are you injured? Yes or No If yes,please explain: I was offered medical evaluation: Yes or No If yes, I: Accepted or Declined Signature: I certify that the above information is as accurate to my knowledge and as thorough as possible. Signature Date This form will be forwarded to attending supervisor to be part of the Vehicle Incident Report. Thank you for your cooperation. Approved by Senior Management 712009 S. L. 113 Additional Sheet foir More Information 114 Approved by Senior Management 7/2009 N Traffic Diagramsw+E s i Intersection Highway/Street I Z 3 �4 5 - Attaghment 5 Training Acknowledgement Form (See Attached) (jCC VSA Page 15 of 16 GUIDANCE/CARE CENTER, INC. BA / MA DRIVER TRAINING ACKNOWLEDGEMENT I acknowledge I have completed GUIDANCE / CARE CENTER'S BA/ MA DRIVER ORIENTATION including: • De-Escalation • Proper completion of trip documentation(trip sheets) • Pre-trip vehicle inspections and reporting • Incident Reporting • Accident Reporting • Citations • Driver Protocols • Professionalism Driver/Escort Signature Date Printed Name Facilitator Signature Date Printed Name 117 Attachment 6 Driver Application Form (See Attached) GCC VSA Page 16 of 16 118 GUIDANCE / CARE CENTER, INC DRIVER/ ESCORT APPLICATION AND REQUEST FOR CHECK OF DRIVING RECORD DRIVER APPLICATION ESCORT APPLICATION "******DRIVER APPLICANTS MUST SUBMIT A COPY OF THEIR DRIVER LICENSE WITH THIS APPLICATION""" I HEREBY AUTHORIZE GUIDANCE / CARE CENTER, INC. to obtain a report of my driving record as needed to evaluate my job application. The report may include an assessment of my insurability under the company's insurance coverage. By signing this disclosure, I hereby authorize the company to pocure such report and additional reports about me on an annualy basis, or as it deems appropriate, to evaluate my ongoing insurability. Name of Applicant: Driver's License Number: Social Security Number: Date of Birth: Signature of Applicant Date Signed: Phone Number: *******DRIVER APPLICANTS MUST SUBMIT A COPY OF THEIR DRIVER LICENSE WITH THIS APPLICATION******* GCC Authorization Signature: Printed Name Date: updated 8.6.2020 119 ATTACHMENT E PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither a (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: tb1q/.2,( TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of f Ad- County of 6A_ _ The foregoing instrument was acknowledged before me, by means ofphysical presence or ❑ online notarization, this _day of [ (month), (year), by (name of officer or agent, title of officer or agent) of s � TA. (name of entity). Personally Known Produced Identification: Type of ID and Number on ID_ (SEAL) Signa rA of Notary Y" Notary Public State of Florida )Ae �' )i % 4or Maryanne L Johnson ro My commission GG 175345 Name of tary (Typed, Stamped or Printed) no NExpires 01/15/2022 Notary Public, State of 120 Guidance Care Center—Transportation:Baker Act and CTD FY22 ATTACHMENT F SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE . l c. if (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signs urej Date: ()Qljql�( TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of Y1 , ,..- The foregoing instrument was acknowledged before me, by means oft physical presence or 0 online notarization, this 1 day of (month), . "°® (year), by r/ollw, � �,)-b t,k) r', ' 0 (name of officer or agent, title of officer or agent) of 1 i rl {�xe1 . "<`" YR,(name of entity), Personally Known Produced Identification: Type of ID and Number on ID (SEAL) . . 1l{ ; Notary Public state of Florida Si nat of Not Maryanne L Johnson , x My Commission GG 175345 If Expires01/15/2022 Name of Notary (Typed, Stamped or Printed) Notary Public, State of . 121 Guidance Care Center—Transportation:Baker Act and CTD FY22 ATTACHMENT G DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: � C L (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statenieAt. I certify that this firm complies fully with the above requirements. (Signature) Date: to K� TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of — County of , i :c The foregoing instrument was acknowledged before me, by means rphysical presence or ❑ online notarization, this day of < -. _ (month), J/ (year), by fi,tr (name of officer or agent, title of officer or agent) of i Pklu (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) , I FY% WON Pub State a3�t41�S Maryanne L Johnson S 6t re of Not y MY comrr,kssion o0 1 53,45 [� 141'4' ExPEres 011151202 Name o Notary (Typed, Stamped or Printed) Notary Public, State of 122 Guidance Care Center—Transportation:Baker Act and CTD FY22 ATTACHMENT H FY2020 Annual Performance Report (For year October 1, 2021 —September 30, 2022) AgencyName -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Point of Contact (POCK ---------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Phone/Email ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Grant Amount Per Section 8 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FY2022 Performance (i.e. successes, challenges, etc.): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. �:�, 1 t, ,ts rt ,,s .ru( t,t--�,i1 r t�"; { c'; ,t�:, � *r , ,} ,. � ,s, ;,-t, � ,, t #1(,as 41 )) 1 f< ,--) s „r_�1�,! ..r,_ �\'v 3S � ,1}st t , Ili 5)'a � \�._ t��uS> t} {, ,4 ,�pv;\, , ,}�11;-. J_.,1;i\. =st,, �, }- 1s} ,1,,,t,) t \ y. � \: ,ttlt, # _, r,{U lt�}.,fps\�S .t\tt,yr ,S, -:rtt�l,,l ?-r #„� 1/11i .- ,,,\ } t I{.}, ) 14,t„� U t.al�,l 2,, 1�5\� lt,l t,,,{ 't .,, 1 { t 4 .i,,,)„{ t (,I E ,) \, d,$,411 #, �� 2yttt}�tU 1s,�-t?)11 Ss).,u\� S ,}S, :,\ ; It n ,) ,}S, 4,i. «,1 , ,4t, .�sE �� {t\t V �)�S„�1�� \i{lF\� 111t1 2 ! ( \S'„ `,t � G7t'"Ss ,r, Ur., 4 _l 4h,tr.: �a ,.! a ', k ,�, ,, },� ,, } ,a,,,. ,1 j\, )r , t„ ) �).. t.I t.t.- r., tr \(i t� „t\`t 31..E\.)3 t., � �� },S113) ttt,r, 1 r, � \\ ,l�,1\talk:,: 2. What were the measurable outcomes (including numbers) accomplished in FY2022? Please base these outcomes on the services you identified in Question#1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY2022; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY2022? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY2022? 6. Were the awarded funds used as match in FY2022? If so, please list matching sources. Guidance Care Center—Transportation:Baker Act and CTD FY22 123 7. What area of Monroe County did you serve in FY2022? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY2022. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY2022? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY2022 IRS Form 990. If your FY2022 IRS Form 990 is not yet prepared, please provide an estimate for the following questions. 12. What were your organization's total expenses in FY2022? 13. What was your organization's total revenue in FY2022? 14. What was the organization's total in grants and contracts for FY2022? 15. What was the organization's total donations and in-kind (fundraising) in FY2022? 16. What ercentage of your expenses are program service expenses' versus management and general expenses in FY2022 as reported on your IRS Form 990? 'Program service expenses are defined as expenses needed to run your programs. 2Management and general expenses encompass expenses such as human resources,salaries of those not working directly with programs, legal services, accounting services, insurance expenses,office management,auditing, and other centralized services. Guidance Care Center—Transportation:Baker Act and CTD FY22 124