Item C13 i
} Xrr t"~ BOARD OF COUNTY COMMISSIONERS
__1' '�;l • — Mayor David Rice,District 4
Mayor Pro Tem Kim Wigington, District 1,�� :.
OUNTY o MON ROE �-� -��- • •. ��• _ Heather Carruthers, District 3
KEY WEST FLORIDA 33040 1 t' ' . y : .tic " SYlvia J. Murphy,District 5
(305)294-4641 ti :,, ^I'`i' — George Neugent, District 2
District 4 Office: 'ricr1,.
9400 Overseas Highway � ''k` 't -'t
Florida Keys Marathon Airport
Suite 210
Marathon, FL 33050
Ph: 305 289-6000 z,t00-
Fx: 305 289-4610 " y �'
Em: boccdis4@monroecounty-fl.gov ti . ? 3
-au? 0, fl
I
Interoffice Memorandum
Date: October 15, 2012
To: Danny Kolhage, Clerk of the Court'
From: Mayor David Rice,District 4 ': /1/4,7434,---
Re: Notice of Voting Conflict
Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues that are brought befoi e the Monroe County Board of
Commissioners with entities, which I am involved with.:
I will abstain from the vote on issues concerning the Guidance Care Center, Inc., a
private, not-for-profit entity, which receives some of itsioperational funding from the County, as I
am currently a member of the Board of Directors of the(Care Center.
At the October 15, 2012 BOCC meeting, I will abstain from the vote on item(s).
#C13—Approval of agreement with Guidance Care Center for ,
Baker Act transportation services and Transportation
Disadvantage grant program match. '
#C14—Approval of agreement with Guidance Care Center for
local match fisnding for Substance Abuse.arid Mental Health
services for the period from October 1, 2012 through September
30, 2012.
#C15—Approval of agreement with Guidance Care Center for
the Jail Incarceration Program for the period from October 1,
2012 through September 30, 2012.
, I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012
Bulk Item: No x
Division: OMB
Department: Grants
Staff Contact /Phone #: Lisa Tennyson x 4444
AGENDA ITEM WORDING: Approval of agreement with Guidance Care Center for Baker Act
transportation services and Transportation Disadvantage grant program match.
ITEM BACKGROUND: Guidance Care Center provides Baker/Marchman Act transportation
services and also serves as the provider for the Transportation Disadvantage program in Monroe
County, Monroe County provides 10% match. The contract is attached.
PREVIOUS RELEVANT BOCC ACTION: The BOCC has previously approved these
Baker/Marchman and Community Transportation contracts in prior years.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 178.290 INDIRECT COST: BUDGETED: Yes X No
- $146,000 for Baker Act
- $32,290 for Transportation Disadvantage
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY:-$178,290
REVENUE PRODUCING: Yes — No
X
AMOUNT PER MONTH Year
APPROVED BY: County Atty Il
OMB/Puracing —
Risk Management
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract: Guidance/Care Center Effective Date: 10/0 1 /12
Expiration Date:9/30/13
Contract Purpose/Description: provide funding for transportation services in Monroe County for
disadvantaged and Baker Act,
Contract Manager: Lisa Tennyson 4444 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10/17/12 Agenda Deadline: 10/02/12
CONTRACT COSTS
Total Dollar Value of Contract: $178,290 split as Current Year Portion: $178,290
follows: $32,290 for Community Transportation for
Disadvantaged Program match, and $146,000 for
Baker Act transportation.
Budgeted? Yes® No Fj Account Codes: 0015`9(l,"':3, -530340
Grant: z
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ r For:
Not included in dollar value above) (eg. maintenance, utilities, janitorial salaries, etc.
CONTRACT REVIEW
Changes
Date Out
Date In
Needed
Reviewer
Division Director
Yes[] NoF1
Risk Managet
Yes❑ Noo'
F_1
'A
O.M,BJPurcng
I OL-1-1 1"'
YesE] NoE]
County Attorney
YesD NoEl .111
L4 V "a
Comments:
..civics corm mevisea iviuH *z
AGREEMENT
This Agreement is made and entered into this 17 1h day of October, 2012, between the
BOARD (}FCOUNTY COMMISSIONERS OF MONR{}E COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and the Guidance/Care Center, hereinafter referred to as "Provider."
WHEREAS, the PROVIDER is a not -for -profit corporation established to provide
transportation services tothe citizens ofMonroe 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:
IAHZ141211�
:1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily performing and carrying out the duties of the Board, 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 ofONE HUNDRED SEVENTY EIGHT
THOUSAND TWO HUNDRED NINEYTVVO AND ND/OO DOLLARS ($178,290), during the fiscal year
2O13,payable asfollows:
a) the sum of ONE HUNDRED FORTY SIX THOUSAND AND NO/OO DOLLARS ($146,000.00)
FOR Baker Act transportation services pursuant to FS 394; and
b) the sum of THIRTY TWO THOUSAND TWO HUNDRED NINETY AND ND/100 DOLLARS
($32,290.00), for Community Transportation Coordinator -related transportation services to
residents ofMonroe County.
2. TERM. This Agreement shall commence on October 1, 2012, and terminate September
30, 2013, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment for Baker Act and Manchrnan Act transportation services shall be
made according to the rate schedule set forth in Attachment D, subject tothe rnaxinnurn 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 Article 1,
above, during the term of this agreement. To preserve client confidentiality required by law,
copies of individual client bills and records shall not be available to the Board for reimbursement
purposes but shall be made available only under controlled conditions to qualified auditors for
audit purposes. The organization'y final invoice must be received within thirty days after the
termination date ofthis contract shown in Article 2above.
Payment will be made periodically, but no more frequently than monthly, as hereinafter
set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office,
The County shall only reimburse, subject to the funded amounts below, those reimbursable
expenses which are reviewed and approved as complying with Monroe County Code of
Ordinances, State |avvy and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
Guidance Care Center -TramsmotationBaker Act and CTDpM3; page
notarized certification statement. An example of a reimbursement request cover letter is included
as Attachment B. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Article 2 above,
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount shown in Article 1, above,
during the term of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of
termination, unless otherwise required by law.
5. 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; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKEEPING
7. RECORDS. PROVIDER shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the County and PROVIDER in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
COUNTY the following (items A -I must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of which there must be five or more; for each
board member please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from 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;
(e) IRS Form 990 from most recent fiscal year for all organizations;
(f) Organization's Corporate Bylaws, which must include the organization's mission, board
and membership composition, and process for election of officers;
Guidance Care Center —Transportation: Baker Act and CTD FY43; page 2
(g) Organizdbon'y Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(h) Specific description or list of services to be provided under this contract with this grant
(see Attachment C);
(i) 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;
(j) Cooperation with County monitoring visits that the County may request during the contract
year;anO
(k) 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
10. SCOPE OF SERVICES., The Provider, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and carry out the duties of the
Board in rendering counsel in the matter of mental health and guidance to the citizens of the
Monroe County, Florida. The Provider shall provide Baker Act transportation services in
compliance with Florida Statutes Chapter 394. Baker Act and Marohrnan /\ot 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.
11. ACCESS TO FUELING FACILITIES. The County shall provide access to the
Provider's vehicles atall County fueling facilities. The County shall grant the Provider license for
the use of the real property and its improvements for each fueling site.
The Provider agrees that only those individuals authorized bythe County touse the fueling
sites designated in this agreement shall have twenty-four hour access to said sites, and that they
yhe|| either be maintained open or access otherwise provided to them by a uniform key system on
such atwenty-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'y immediate control and as
previously set forth in this agreement. Said billing by the County to the Provider shall include an
administrative surcharge, as adopted by the Monroe County Board of County Commissioners
annually, for processing, servicing, and handling. The provider shall reimburse the County within
thirty (30) days of the date of issuance of the bill.
Access to the Fuel Sentry System shall be provided by an electronic memory key, which
shall be issued by the County to all authorized designated users of the fueling sites, and as
contemplated by this Agreement. For purposes of uniformity, the Monroe County Fleet
Management Department shall be responsible for establishing a uniform electronic key system for
use by both the County and the Provider under this agreement, and shall establish and maintain
policies and procedures for identification, control, and distribution of all keys issued.
12.ATTORNEly~8|FEES AND COSTS. The County and PROVIDER agree that inthe 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'y fees, court costs, investigative, and out-of-pocket expenses, as an award
Guidance Care Center -Then»po*atiom:Baker Act and CTDFY/3;page 3
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.
13. 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.
14. 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.
15. 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.
16. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee 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
17. 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.
IS. 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.
19. NON-DISCRIMINATION. County and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
Guidance Care Center —Transportation: Baker Act and CTD FY43; page 4
USC Ss. 6101-6107\ which prohibits discrimination on the basis of age; 5) The Drug Abuse Dffioa
and Treatment Act of1972 (pL92-355), as amended, relating to nondiscrimination on the basis
of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of197O (pL91-61G), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7\The Public Health Service Act of 1913/ as. 523 and 527 (42 USC
ya. 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 a. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) TheAmericans with
Disabilities Act Of199U (42 USCa. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination onthe basis ofdisability; 10\ 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
20. 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 inwriting bythe COUNTY.
21. AD3UDICATDON 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. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at
public meeting of the Board of County Commissioners. 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 bythis Agreement orby Florida law.
22. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and PROVIDER agree to participate, to the extent required bythe 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 tothis Agreement.
ASSURANCES
23. 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.
24. 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 bedeemed to impose any obligation upon the Board in addition to the total agreed upon
reimbursement amount for the services of the PROVIDER.
25. 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.
GuidemceQamCenter—Tranuponation Baker Act and CTDFv13;page 5
26. ATTESTATIONS. PROVIDER agrees to execute such documents osthe County may
reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free
27. 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, aa required by law.
INDEMNITY ISSUES
28. 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 for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attmrnay'sfees) 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, orvolunteers.
29- PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from |avva, ordinances, and rules and pensions and re|ief, 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.
30. 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 Munroe
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.
31. 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.
32. 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 o|airn 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.
33. 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
Guidance Care Center —Thanopo/tatiom:DokerAo and CTDFYt3;page 0
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
34. NOTICE. Any notice required or permitted under this agreement shall be in vvhbng
and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the
other party asfollows:
For Board:
Grants Administrator and
11OOSimonton Street
Key West, FL33O4U
For PROVIDER
Frank Rabbitn,Senior Vice President
Guidance/Care Center Inc.
1205 Fourth Street
Key West, Florida 33040
Monroe County Attorney
POBox 1U2G
Key West, FL33O41
35. 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 tocontracts 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.
36. 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 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.
37. 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 ofthis Agreement shall be valid and shall be enforceable to the
fullest extent permitted by |avv 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.
38. 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]
GukdanceCamCenter-Tramsportation:Bato Act and C7DFY/3;page 7
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERN
SM
Deputy Clerk
BOARD DFCOUNTY COMMISSIONERS
OFMDNROECOUNTY, FLORIDA
By
GUIDANCE/CARE CENTER
(Federal IDNo.
Byyy—
Guidance/Care Center
Guidance Care Center -TramsportationBaker Act and CTD FY13; page
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service Organizations, county
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate totravel, are from Florida Statute 112.061.
Acover letter summarizing the major line (terns on the reimbursable expense request needs to
also contain a notarized certified statement such as:
"I certify that the above checks have been submitted tothe 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 orgonization'scontract with the
Monroe County Board ofCounty Commissioners and will not besubmitted for
reimbursement to any other funding source."
Invoices should be billed tothe 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 isrequired 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 orhourly rate,
total hours worked, withholding information and paid payroll taxes, check number and check
amount. If Payroll Journal is not provided, the following information must be provided: pay
period, check amount, check number, date, payee, 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 orexpress 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 ofcopies 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 nrservices ordered, a vendor invoice is required.
GoidamceCamCenter—TramspurtationBakerAct and QDFM3;page 9
Telefax, Fax, etc.
Afax 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
Auser log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose ofthe call.
Travel 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. Abave| itinerary is appreciated tofacilitate 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 bvtraveler. 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
fora business trip is not reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and and after 2
p.m. for lunch reimbursement, and before 6 p.m. and end after 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 CTDFY/3;page 1O
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
The following is a summary of the expenses for ( Organization name) for the time period
of to
Check # Payee
Reason
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 $X1�XXX_-XXX1
(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.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of _200
by who is personally known to me.
Notary Public Notary Stamp
Guidance Care Center —Transportation: Baker Act and CTDFY13; page 11
ATTACHMENT C
Insert a list of the services that will be provided by your organization under this contract.
Baker Act/Marchman Act transportation services and Community Transportation Coordinator -
related services.
Guidance Care Center —Transportation: Baker Act and CTD FY13; page 12
Copy of Sub -Contract for Baker Act transportation services. See attached.
Guidance Care Center —Transportation: Baker Act and CTD FY13; page 13
PUBLIC ENTITY CRIME STATEMENT
"A person Vraffiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit bid on a contract to provide any goods orservices to a
public entity, may not submit bid on a contract with a public entity for the construction or repair
of public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work asa contractor, supplier, subcontractor, or consultant
under 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."
Guidance Care Center -TranspnnationBaker Act and CTDFY13;page 14
SWORN STATEMENT UNDER ORDINANCE NO. 10-1S90
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
GxAi daace- j Car- C-ei'40-,j".warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee in violation of Section 2
nfOrdinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
NO. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover, the full amount Ofany fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
(signature)
Date:
r-L
5TATEOF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn bvme, affixed his/her
signature (name of individual signing) in the space provided above on this'J
day of
My commission
Bonded Thru Notary Public underwriters
Guidance Care Center —7ranopnrtatim:Baker Act and CTDFY/3;page 15
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
(Name of Business)
1. Publishes statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
3. Gives each employee engaged in providing the commodities orcontractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as 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
no|o conhendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance
|avv of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes sanction on, orrequire 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. Makes agood faith effort tocontinue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
STATE OF
(Signature of Respondent)
COUNTY OF _kV�
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
individual signing) affixed h|s./hers|gnature in the space provided above on this
d� �0|�~ICE My commission ex My ComMISWN # DO 936664
Guidance Care Center-TransportatiooBakepActmndQTD FY13; page 16
S P I
1 1 1"T I N G
GU1DANCE/(_1-,_ARE CENTER, IN-(-,-..
Lisa Tennyson (Via Electronic Mail)
Grants Administrator
Monroe County, Office of Management and Budget
1100 Simonton Street
Room 2-210
Key West, FL 33040
Re: Guidance/Care Center, Inc. BOCC Budget Request, 2012-2013
Transportation Disadvantaged and Baker Act Transportation
Ms. Tennyson,
Please contact me if you need additional information.
Sincerely,
Frank C. Rabbito
Senior Vice President
CC: Marianne Benvenuti, Regional Controller
Maureen Grynewicz
i 20i 'V, St ('e t
ISet \\Vcmot, I r1 - ', 1040
1 agile lchonc30:5, ' 2Q�2 6843
1,ax: 2,M 292 C;`23
3H00 41 � Sm,ct, Occwi 99N8 ( )\cn,ca�e I lwv,
M,M0110TI, Kc� tar,,�,), H, �30'W
Tckphmic. 10'5,434,9000 10 ) ASI'8(M3
F��\: 10,-,�.414,900 J tx: 'Y15A51AW)
RUI I �fflY IlMdcd hY the w Hon'LI )cpmrncnt of( J)fldf CY) al. �s'rnfl I
and Molt roc f :ount%
CN,
A. Community Transportation for the Disadvantaged ($32,290)
a. BOCC funds match Florida Commission for the Transportation
Disadvantaged state dollars, pursuant to FL. Stat, 394.462,
b. G/CC is the County -designated Community Transportation Coordinator
for the Florida Commission for the Transportation Disadvantaged.
(Persons defined as "transportation disadvantaged" include those who
are unable to self -provide or self -secure their own transportation due to
a physical or mental disability, income status, including disabled and
at-risk/high risk children.
c. G/CC's transportation services provide a secure, reliable means for
these vulnerable individuals to obtain access to health and mental
health care, employment, education and other community services.
d. G/CC coordinates and provides transportation services weekly,
Monday — Friday, from 6:30 a.m. to 6:00 p.m., and on Saturday and
Sunday, as follows:
• 2 round trips between Marathon and Key West, 5 days per week
• 1 round trip between Marathon and Homestead, 3 days per
week
• 2 round trips between Marathon and Key Largo, 2 days per
week
0 2 round trips within the Marathon area, 2 days per week
• Weekday and weekend in -county, as well as out of county, by
appointment.
B. Baker Act Transportation ($146,000)
a. G/CC is a "purchase of service" vendor for the County, providing Baker
Act transportation services on behalf of Monroe County, pursuant to
FL. Stat. 394. G/CC may provide the transportation directly or may
subcontract. Only monies actually spent for transportation services
provided pursuant to Chapter 394 are invoiced to the County for
payment.
b. Via subcontract with Elanjess, Inc., G/CC provides secure and
supervised transportation for "involuntary placement" (as defined by
the Baker and Marchman Acts) from pick up points in the lower, middle
and upper Keys.
c. Transportation provided includes trips from emergency rooms to
receiving facilities, transfers between local receiving facilities and State
Treatment facilities.
d. Service is provided on -call, 24 hours a day, 365 days per year.
1. Grant/Match
a. Community Transportation
$32,290 (match for $290,610)
Grant/Match funds provide dollars to meet match requirements for CTD
community transportation services.
2. Vendor POS Contract
a. Baker/Marchman Act Transportation
$146,000 (per services rendered)
POS vendor contractual funds provide timely and cost effective transportation for
the disadvantaged services for the County.
FM JOB No s
CONTRACT NO,
AGREEMENT
DATE
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Guidanoe/Qre Center, Inc_ 3000 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 the Program Manual for
the Trip & Equipment Grant for non -sponsored trips and/or capital equipment as revised on April 27,
2012. Trips shall be purchased at the fares indicated in Exhibit 13, Page 2 of 2 attached to and made a
part of this agreement.
Non -sponsored Trips 322,722.00 FM# 43202718401
Voluntary Dollar 178.00 FM# 43202818401
TOTAL $322,900.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $290,450.00
Local Cash Funds $32,2Z2,00 41 31�cl 0
Voluntary Dollar Contributions $1150,00
Monetary Value of In -Kind Match $ 8.00
Total Project Cost $322,90.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Jul Aug Sep Oct Nov Dec ]an Feb Mar Apr May Jun
FY-12113 24366 24204 24204 24204 24204 24204 24204 24204 24204 24204 24204 24204
Trip & Equipment Grant Agreement 2012/2013
Form Rev. 4/27/2012 Page 23 of 28