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Item C22
C.22 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C22 Agenda Item Summary #11588 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Oksana Christow 3052924474 No AGENDA ITEM WORDING: Approval of Amendment 1 to the Agreement with the Guidance/Care Center (G/CC) for Transportation for Disadvantaged Services. G/CC was awarded an additional grant (G213 17) from the State of Florida Commission for the Transportation Disadvantaged for the provision of Innovative Services increasing the project costs and thus increasing the required local match by $10,430. ITEM BACKGROUND: The County annually provides the required local match for transportation services for the disadvantaged. $31,768.00 was approved by the BOCC as part of the FY2023 operating budget for required local match for the Community Transportation for Disadvantaged program. G/CC was awarded an additional grant and entered into an agreement on October 14, 2022, with the State of Florida Commission for the Transportation Disadvantaged for the provision of Innovative Services for eligible transportation disadvantaged persons in the amount of$93,870.00 with a local match of$10,430. PREVIOUS RELEVANT BOCC ACTION: The budgets for Community Transportation for the Disadvantaged(CTD) and Baker Act transportation services were approved by the BOCC on September 21, 2022, Agenda Item B.4, during the adoption of the final Monroe County Operating Budget for Fiscal Year 2023. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: FY2023 Amendment 1 with GCC Transportation (Baker and CTD) Packet Pg. 676 C.22 Contract- Transportation (Baker and CTD) FY23 Executed FINANCIAL IMPACT: Effective Date: 10/1/2022 Expiration Date: 9/30/2023 Total Dollar Value of Contract: Baker Act Transportation Services $213,315/CTD Services $42,198 /Total Required Local Match Transportation Services = $255,513 Total Cost to County: $255,513 Current Year Portion: $255,513 Budgeted: $255,513 Source of Funds: 001 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes,previously reviewed and approved by Risk Management with agreement dated September 21, 2022 (Agenda Item B.4) Additional Details: O1/18/23 001-01509 - MIDDLE KEYS GUIDANCE CLI $10,430.00 CTD Required Local Match FY23 REVIEWED BY: Christine Limbert Completed 12/29/2022 9:40 AM Tina Boan Completed 01/03/2023 9:34 AM Brian Bradley Completed 01/03/2023 10:41 AM Lindsey Ballard Completed 01/03/2023 11:27 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 677 C.22.a AMENDMENT 1 TO AGREEMENT WITH GUIDANCE/CARE CENTER, INC. FOR TRANSPORTATION SERVICES 0 4- THIS AMENDMENT is made and entered into this 18th day of January 2023, between the BOARD C OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY," and Guidance/Care Center, Inc., a Florida 501(c)3 not-for-profit corporation, hereinafter referred to 0 as "PROVIDER". 0 WHEREAS, the PROVIDER is a not-for-profit corporation and is the Designated Receiving Facility under the County's Designated Receiving System Plan in accordance with Chapter 397, Florida Statutes for the provision of coordinated, comprehensive system of care for coexisting mental and E substance abuse disorders and for the provision of Baker/Marchman Act transportation services pursuant to Chapter 394, Florida Statutes; and E U WHEREAS, it is a legitimate public purpose to provide Baker Act/Marchman Act transportation services pursuant to Chapter 394, Florida Statutes and Community Transportation Coordinated-related services to residents of Monroe County; and WHEREAS, the COUNTY and PROVIDER entered into an Agreement ("Agreement") on September 21, 2022, for the PROVIDER to implement said transportation services under the program; and N N WHEREAS, the PROVIDER was awarded an additional grant from the Florida Commission for >` Transportation Disadvantaged for Innovative Service Development #G2B17 in the amount of $93,870.00 with a local match of $10,430 for a total project cost of $104,300.00; and U WHEREAS, the Agreement is being revised to include $10,430.00 in the total amount of the Agreement as set forth in detail below; NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 0 1. Paragraph 1- Amount of Agreement shall be revised to read as follows: 0 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER � substantially and satisfactorily performing and providing services, shall reimburse the CU PROVIDER for providing transportation services as billed by the PROVIDER for clients qualifying for such services under applicable state and federal regulations and eligibility U determination procedures. The cost shall not exceed a total reimbursement of TWO HUNDRED FIFTY-FIVE THOUSAND FIVE HUNDRED AND THIRTEEN DOLLARS AND NO/100 ($255,513.00), during the fiscal year 2023, payable as follows: a) The sum of TWO HUNDRED THIRTEEN THOUSAND THREE HUNDRED FIFTEEN DOLLARS AND NO/100 ($213,315.00) for Baker Act/Marchman Act transportation services pursuant to Chapter 394, Florida Statutes; and E b) The sum of THIRTY-ONE THOUSAND SEVEN HUNDRED SIXTY-EIGHT DOLLARS AND NO/100 ($31,768.00), for Community Transportation Coordinator-related E transportation services to residents of Monroe County; and c) Effective October 14, 2022, the sum of TEN THOUSAND FOUR HUNDRED AND THIRTY C DOLLARS AND NO/100 ($10,430) for Innovative Service Development in accordance N with the provisions as set forth in the Commission for Transportation Disadvantaged >` #G2B17 (attached hereto as "Exhibit 1"). 2. This Amendment is retroactively effective to October 14, 2022. c� 3. In all other respects the Agreement dated September 21, 2022, as amended herein, remains in full force and effect. Packet Pg. 678 C.22.a In WITNESS WHEREOF each party hereto has caused this contract to be executed by Its duly authorized representative. 0 4- 0 (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 0. By By As Deputy Clerk Mayor/Chairman E ' i E E ' Guidance/Care Center, Inc., a Florida U 501(c)(3) not-for-profit corporation E (Federal ID No. ) E MONROE COUNTY ATTORNEY Al?P1 1 ' ljjjAS TO I' RM.- GMSTINE LIMBERT HARROWS � r �� ! � ASSISTANT COUNTY ATTORNEY >- DATE. Frank Rabbito, COO ., Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation Resolution WCGCq 2 2-a TO BE COMPLETED BY NOTARY(in accordance with State notary requirements) O�'rGl State of g County of Cc 0 CL The foregoing Instrument was acknowledged before me, by means of Ig physical presence or ❑ Cc online notarization, this 'tom- day of month), (year), by 10--d-& P-O.bb1 (name of officer or agent, title of officer or agent) of Ca- (name of entity). Personally Known Produced Identification: Type of ID and Numb t o I (SEAL) E Signa of Notary E r Name of Notary (Typed, Stamped or Printed) Q Notary Public, State oflOr% �=t' E ,.�""�• MONICA Ft DULANTO z Notary Public-State of Florida • Commission A HH 90868 My Commission Expires February 27, 202E Packet Pg. 679 C.22.a FlorWb Q mmission fnr the i 1/ Transportation 0 Disadvantaged Ron DeSantis Governor October 14, 2022 CL U) Phillip W. Stevens, Ph.D. Chairperson Ms. Maureen Dunleavy Christinne Gray Guidance/Care Center, Inc. Vice Chairperson 3000 41st Street Ocean David Darm Marathon, Florida 33050 Executive Director Re: 2022-23 Innovative Service Development Grant #G21317 (Monroe County) E Dear Ms. Dunleavy: N Enclosed is your copy of the fully executed grant agreement for the >- above referenced project. Consider this letter to be your authorization to proceed and begin incurring project costs, effective the execution date of this agreement. U CU Thank you for your continued support of the Transportation -19 Disadvantaged Coordinated System. Please contact John Irvine at (850) 410-5712 if you have any questions concerning this project. Sincerely, U Sheri Powers U Project Manager n Enclosure: Executed Agreement E E M CN CN E 605 Suwannee Street,MS-49 w Tallahassee,FL 32399.0450 Phone:(850)410.5700 aq Toll Free:(800)983-2435 v.)Fax:(850)410.5752 vwm,d t,tM�9MM.L.u,MMM ctd Packet Pg. 680 EXHIBI C.22.a SAMAS Approp. 108846 Fund TDTF FM/Job No(s). 45082218401, SAMAS Obj. 751000 Function 683 CSFA No. 55.045 0 Or . Code 55120000952 Contract No. G2B17 Vendor No. 59-1458324 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED INNOVATIVE SERVICE DEVELOPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 66 nheL , 2022 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and E Guidance Care Center Inc. 3000 41 Street Ocean Marathon Florida 33050 hereinafter called the U Grantee. WITNESSETH: E 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 Legislative authority to use N Transportation Disadvantaged Trust Fund moneys in accordance with Chapter 427, Florida Statutes N or rules thereof to support pilot projects that improve access to or create new opportunities for mobility services for eligible transportation disadvantaged persons. Such pilot projects could enhance the access of older adults, persons with disabilities, and low-income individuals to and from job U training, employment, healthcare and other life sustaining services; enhance regional connectivity and cross-county mobility; or reduce the difficulty in connecting transportation disadvantaged persons to a transportation hub and from the hub to their final destination. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: CU 0 CL 1.00 Purpose of Agreement: The purpose of this Agreement is to provide trips to the transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida MT Administrative Code, Commission policies, the Fiscal Year 2022-23 Program Manual and Application U for the Innovative Service Development Grant as further described in this Agreement Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter called the Project; 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. 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. N 2.00 Accomplishment of the 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. Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 1 of 23 Packet Pg. 681 C.22.a 2.10 Pursuant to Federal, State, and Local Law: In the event that any election, L- 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 observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to 0. any such matters so requisite. 2.20 Funds of the Grantee: The Grantee will provide the necessary funds necessary for the completion of the Project. E 2.30 Submission of Proceedings, Contracts and Other Documents and Products: The U Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement. Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including M termination. N 2.40 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code, U and the Fiscal Year 2022-23 Program Manual and Application for the Innovative Service CU Development Grant. CU 3.00 Total Project Cost: The total estimated cost of the Project is 104,300.00. This amount is based upon the amounts summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any � deficits involved, including any deficits revealed by an audit performed in accordance with Section 0 6.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to a maximum participation, including U contingencies, in the Project in the amount of 123,a7O.00 as detailed in Exhibit "B," or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less. 4.10 Eligible Costs: Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs, and then only if a match, as specified in the Grant Program, is provided by the Grantee. Trips shall be purchased at the fares indicated in Exhibit B. Page 2 of 2 attached to and made a part of this agreement. The Grantee shall M maintain an approval process for the eligibility of each rider who receives transportation service N (trip or bus pass). In addition, documentation which supports the eligibility determination shall U- be maintained by the recipient as part of the rider's eligibility file. E Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 2 of 23 Packet Pg. 682 C.22.a 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; 0. 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. 0 U 4.30 Project Funds: In addition to other restrictions set out in this 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. 4.40 Front End Funding and Retainage: Front end funding and retainage is not applicable. 5.00 Project Budget and Disbursement Schedule: U 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 0 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. U 5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B." This schedule shall show estimated IZ 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 M share of the project shall not be made for an amount greater than the cumulative total up to N any given month as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice U- 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 Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 3 of 23 Packet Pg. 683 C.22.a "underbilling" or"overbilling". Any excess (underbilled) funds may be 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. Grantee will make every effort to submit invoices within thirty (30) days after the month of service provision. 6.00 Accounting Records, Audits and Insurance: 6.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the transportation disadvantaged financing c0 program, either separate accounts to be maintained within its existing accounting system, or IZ establish independent accounts. Such transportation disadvantaged financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved M at the end of five years, the records shall be retained until resolution of the audit findings. Q Should the Grantee provide transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the transportation to the other purchasing agencies, and must make U this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been -19 CU initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 6.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the 0 Federal Deposit Insurance Corporation, all transportation disadvantaged trust fund payments LM received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and U other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the IZ deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 6.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not � 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. Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 4 of 23 Packet Pg. 684 C.22.a 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, 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 promised. The documentation must be sufficiently 0. 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 E proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, U contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the IZ Project shall be clearly identified, readily accessible, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audits: E M 1. The administration of resources awarded through the Commission to the Grantee by this Q Agreement may be subject to audits and/or monitoring by the Commission and the U_ 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 U 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 0 reports, following up, ensuring corrective action, and issuing management decisions on CU 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 U 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 IZ deemed necessary by the Commission, the Department, the Chief Financial Officer or the Auditor General. b. The Grantee a nonstate entity as defined by Section 215.97, Florida Statutes, as a recipient E of state financial assistance awarded by the Commission through this Agreement is subject M to the following requirements: N Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 5 of 23 Packet Pg. 685 C.22.a 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 2 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit C to this Agreement indicates state financial assistance 0. 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. E State financial assistance does not include Federal direct or pass-through awards and U resources received by a nonstate entity for Federal program matching requirements. IZ ii. In connection with the audit requirements, the Grantee shall ensure that the audit E 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 M for-profit organizations), Rules of the Auditor General. N 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 U Grantee must provide a single audit exemption statement to the Department at CU FDOTS i no leAud i'tg dot.state.fl.us 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 0. 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). CU iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit U 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:FDOTSin leAud.it na_dot.state.fl.us Email:flaudgen_localgovt@aud.state.fl.us M N Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 6 of 23 Packet Pg. 686 C.22.a 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. 0 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. E 0 vii. 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 E 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 E conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate corrective action to enforce compliance. Q viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, CFO or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working U 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 U unless extended in writing by the Commission and/or the Department. n 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 E at all reasonable times including upon completion of the Project, and without notice. E 6.80 Insurance: The Grantee shall insure insurance coverage is in effect on Project vehicles M and equipment, and guarantee liability for minimum coverage as follows: N E Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 7 of 23 Packet Pg. 687 C.22.a 6.71 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. 6.72 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 0. then market value or replacement. 6.73 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. E 0 U 6.74 Other Insurance: The above required insurance will be primary to any other IZ 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, Q FLCTDinvoice gldot.state.fl.us, 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. 7.11 Grantee certifies, under penalty of perjury, that the Grantee will comply with the -19 CU provisions of the Agreement and that all invoices and support documentation will be true and correct. 7.12 Financial Consequence: Reimbursement payment for transportation services shall 0. not be provided to the Grantee until documentation supporting such services has been approved. The project must be completed no later than June 30, 2023. U 7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission U 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 E in its application, or any supplement thereto or amendment thereof, with respect to any N document or record of data or certification furnished therewith or pursuant hereto; N Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 8 of 23 Packet Pg. 688 C.22.a 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 CL taken; 7.24 Conflict of Interests: There has been any violation of the conflict 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 U 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. M N 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. U 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 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 with such documentation. 0. U) 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 U 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. 8.00 Termination or Suspension of Project: E 8.10 Termination or Suspension Generally: If the Grantee abandons or, before E completion, finally discontinues the Project; or if, by reason of any of the events or conditions M 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 E Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 9 of 23 Packet Pg. 689 C.22.a 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 Paragraph, the Grantee shall proceed promptly 0. 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 c0 payment previously received as is determined by the Commission to be due under the provisions IZ 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. N 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. CU (850) 410-5700 CU CTDOmbudsman( dot.state.fl.us 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 CU 0 The Grantee shall keep and maintain public records required by the Commission to perform the service of this agreement. U Upon request from the Commission's custodian of public records, provide the Commission with U 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, T- 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 agreement term and following completion of the agreement if the Grantee does not transfer the records to the Commission. N N 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 Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 10 of 23 Packet Pg. 690 C.22.a 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. 0. U) 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 c0 Project costs payable from the Project Account is made, the Grantee shall remit to the Commission IZ its share of any unexpended balance in the Project Account. 10.00 Audit and 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. Q 11.00 Third Party Agreements: The Grantee shall conduct an open and fair competitive process for any service that it subcontracts for or obligates itself that requires the disbursement of Transportation Disadvantaged Trust Fund moneys, with respect to this project. U 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: CU 00 12.10 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 2 affirmative action to ensure that applicants are employed, and that employees are treated during 0 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 U 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 E 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 E nondiscrimination clause. N N Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 11 of 23 Packet Pg. 691 C.22.a 12.20 Title VI - Civil Rights Act of 1964: 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. 12.30 Prohibited Interests: 0. 12.31 Contracts or Purchases: 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 E or employee's business associate or spouse or child is an officer, partner, director, or U 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. 12.32 Business Conflicts: 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 E an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be M personally interested in the purchase or the furnishing of any materials, services or supplies Q to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 12.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly U solicit or accept funds from any person who has, maintains, or seeks business relations with CU the Grantee. CU 00 12.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or CU termination, have or hold any employment or contractual relationship with any business � entity in connection with any contract for contractual services which was within his or her 0 responsibility while an employee. 12.35 Former Employees - Consulting Services: The sum of money paid to a former U employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. IZ The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: N Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 12 of 23 Packet Pg. 692 C.22.a "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds 4- thereof." g The provisions of this section shall not be applicable to any agreement between the Grantee0. and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 12.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no c0 funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with E Disabilities Act, as amended, as it may be amended from time to time. 12.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. Q No Grantee may employ any person or organization with funds received pursuant to this >_ Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; U media; advertising, including production costs; postage; entertainment; telephone; and CU association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 12.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 � months from the date that person or affiliate was placed on the convicted vendor list unless that 0 person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. CU The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting U 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 IZ 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. E 12.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E E-Verify system, in accordance with the terms governing use of the system, to confirm the M employment eligibility of: CN 1. all new persons employed by the grantee during the term of the grant agreement to perform employment duties within Florida; and E Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 13 of 23 Packet Pg. 693 C.22.a 2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant to the contract with the Commission. 0 4- 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. 0. Refer to the U.S. Department of Homeland Security's website at wwwdhs.gov to learn more about E-Verify. 13.00 Miscellaneous Provisions: 13.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, c0 reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or IZ equipment are equipped to prevent and control environmental pollution. E 13.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 13.30 When Rights and Remedies Not Waived: In no event shall the making by the Q 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 U for such breach or default. 13.40 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. CL 13.50 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. U 13.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other IZ thing in contravention of any applicable State or Federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or Federal law, the Grantee will at once E notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as E possible with the Project. CN CN 13.70 Venue: This agreement shall be governed by and construed in accordance with the laws U- of the State of Florida. In the event of a conflict between any portion of the contract and the E Innovative Service Development Grant Agreement 2022-23 Monroe County ' Form Rev. 7/2022 Page 14 of 23 Packet Pg. 694 C.22.a Florida law, the laws of Florida shall prevail. The Grantee agrees to waive forum and venue and that the Commission shall determine the forum and venue in which any dispute under this Agreement is decided. - 14.00 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. E 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 E sovereign immunity. Additionally, the Grantee agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in Q N 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, U 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 0. this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign immunity." U U 15.00 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, 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 E with the Grantee's purchasing ordinance(s), laws, rules and regulations. 16.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30 2023. If the Grantee does not complete the Project within this time period, this agreement N 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 E Innovative Service Development Grant Agreement 2022-23 Monroe County ' Form Rev. 7/2022 Page 15 of 23 Packet Pg. 695 C.22.a 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., 2023. 0 4- 17.00 Agreement 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. 0. U) 18.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum E 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. 19.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the c0 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 E 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 E payment (voucher) to the Department of Financial Services after receiving an approved invoice from the Commission. The twenty (20) days are measured from the latter of the date the invoice is received Q N or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be U due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is CU provided to the Commission. � 0. U) A Vendor Ombudsman has been established within the Department of Management Services. The CU LM duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at U (850) 413-5516. 20.00 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved IZ third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in E part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, M commodities, supplies, or construction contracts, except those construction contracts subject N to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 16 of 23 Packet Pg. 696 C.22.a less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without 4- reasonable cause fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the0. amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to E the aggrieved party or the Department of Legal Affairs when it provides legal assistance c0 pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 21.00 Modification: This Agreement may not be changed or modified unless authorized in writing E by both parties. N U CU CU CU 0 0. U) a CU U U n E M CN CN E Innovative Service Development Grant Agreement 2022-23 Monroe County ' Form Rev. 7/2022 Page 17 of 23 Packet Pg. 697 C.22.a FM/JOB No(s). 45082218401 . _...... _............. ........... .-- CONTRACT NO. G2B17 AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and 0. U) year first above written. GRANTEE: GUIDANCE/CARE CENTER, INC. COMMISSION FOR THE TRANSPORTATION a 501(c)3 not-for-profit corporation DISADVANTAGED E 0 .r .w U BY: BY: ;'w, ,,, Frank Rabbito E TITLE: C00 TITLE: ExecutjLrg Director(Commission Designee Resolution WCGCC 2019-10 U 0 0 CL U) U U E E M CN CN E c� Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 18 of 23 Packet Pg. 698 C.22.a FM/JOB No(s). 45082218401 CONTRACT NO. G2B17 0 AGREEMENT DATE _ `.. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES INNOVATIVE SERVICE DEVELOPMENT GRANT ,E This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Guidance Care Center Inc. 3000 41st Street Ocean c0 Marathon Florida 33050.. - PROJECT LOCATION: Monroe County E PROJECT TIMEFRAME: A reement Date throu h June 30 2023. E PROJECT DESCRIPTION: To provide financial assistance for the provision of eligible trips to qualified transportation disadvantaged riders residing in Monroe County. Eligible trips are shared, door-to-door trips originating as far south as the Lower Keys (Monroe County) into Miami-Dade County primarily for medical purposes. U CU This service will be provided two days per week. TD riders may be picked up as early as 4:00 am to arrive in Miami-Dade County by 8:00 am.Trips will be requested at a minimum of 48 hours in advance. M RIDER ELIGIBILITY: The Grantee will utilize its current Transportation Disadvantaged Rider eligibility application process to determine rider qualifications. 0. DELIVERABLES: 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 U Funds. The backup documentation shall support the Trip Summary Data Report that is submitted as part of the Grantee's invoice for reimbursement. PROJECT GOALS: The following are goals of the project. Grantee shall submit a quarterly report that demonstrates, at a minimum, the status of each project goal. The report shall be in a format approved by the Commission. Payment is not contingent upon the submission of these reports or goals being met: N 1. Provide 450 trips during the grant period. N 2. Provide transportation to 45 transportation disadvantaged eligible individuals during the grant period. Innovative service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 19 of 23 Packet Pg. 699 C.22.a 3. 90% of the unduplicated passenger head count should provide a favorable evaluation of the L_ service and could include the following components, at a minimum: a. Opportunity to have morning appointments in Miami-Dade County have been been beneficial. b. Opportunity to stay for longer appointments, when necessary, have been beneficial. 0. c. Reliability of on-time pick-ups. d. Reliability of service. n SPECIAL CONSIDERATIONS BY GRANTEE: 0 U None SPECIAL CONSIDERATIONS BY COMMISSION: None N U 0 CL U) U U E E M CN CN E c� Innovative service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page ZO of 23 Packet Pg. 700 C.22.a FM/JOB No(s). 45082218401 CONTRACT NO. G2 � . B 17 AGREEMENT b DATE V/ 6 240- EXHIBIT "B" CL 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 Guidance Care Center Inc. _3000 41st Street Ocean Marathon Florida 33050. 0 I. PROJECT COST: U 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 2022-23 Program Manual and Application for the Innovative Service Development Grant. Trips shall be purchased at the rates indicated in Exhibit B, 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" N or "overbilling." Any excess (underbilled) funds may be 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 U transportation services shall not be provided to the Grantee until documentation supporting such services has been approved. The project must be completed no later than June 30, 2023. TD Trust Fund Trips $ 104,300.00 44583618401 TOTAL $ 104,300.00 CU 0 II. SOURCE OF FUNDS: 0. U) Commission for the TransportationCU Disadvantaged State Funds (no more than 90%) $93,870.00 Local Cash Funds 110 430.00 U Total Project Cost $104,300.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2022 3 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 E M cN cN E c� Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 21 of 23 Packet Pg. 701 C.22.a TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES EXHIBIT B PAGE 2 OF 2 CL U) COMMUNITY TRANSP RATION COORDINATOR: Guidan a re Center. Inc. EFFECTIVE DATE: -&jJ$0,?a E 0 TYPE OF...�� .._ _ UNI r Trip) COST PER UNIT ........ �.� SERVICE TO BE (Passenger Mile o ip) $ PROVIDED E Ambulatory/Wheelchair Mile 8.00 c� U 2 U U .....__.._ �_, _ _..... �..... .� E E c14 cN E c� Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 22 of 23 Packet Pg. 702 C.22.a FM/]OB No(s). 45082218401 CONTRACT NO G2B17 _ .... ....... ....... . c '0 AGREEMENT .E DATE.. ; C, EXHIBIT"C" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) ,E THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: E U SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department of Transportation COMMISSION FOR THE TRANSPORTATION DISADVANTAGED E State Project Title: (CTD) Innovative Service Development Grant N CSFA Number: 55.045 *Award Amount: $93,870.00 "The state award amount may change with supplemental agreements � asx Specific project information for CSFA Number 55.045 is provided at: httfrs.fld„fs,com/fsaa/sea.....rchCatalo_„ m,m, ._.., .. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.045 are provided at: CL https//a r.,�s,.f!ofs.com/fsaa/searchCom liance.,aspx CU The State Projects Compliance Supplement is provided at: https///as.fldfs�com/fsaa/com liance asx, U E E N N E c� Innovative Service Development Grant Agreement 2022-23 Monroe County Form Rev. 7/2022 Page 23 of 23 Packet Pg. 703 GV�S COURTq c o: A Kevin Madok, CPA - 'tiO�ROE°OUNSy� Clerk of the Circuit Court& Comptroller Monroe County, Florida O DATE: December 8, 2022 TO: Oksana Christow, Grants Coordinator Office of Management&Budget 0 CL FROM: Liz Yongue, Deputy Clerk SUBJECT: September 21st Budget Hearing The following item has been executed and added to the record: 0 B4 Agreement with Guidance/Care Center for the Community Transportation for U Disadvantaged (CTD) progrann in the amotult of$31,768 and Baker Act Transportation senice progrann in the amotult of$213,315 for Fiscal Year 2023. E E Should you have any questions please feel free to contact me at (305) 292-3550. E d M cN cN c� x M cN U cc: County Attorney Finance 2 LM File CL U) c� 0 U E KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Packet Pg. 704 C.22.b AGREEMENT This Agreement is made and entered into this 21st day of September 2022, 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." � A WHEREAS, the PROVIDER is a not-for-profit corporation established to provide transportation services to the citizens of Monroe County, and 0 C 0 WHEREAS, it is a legitimate public purpose to provide transportation services to the residents of Monroe County, now, therefore, 0 0. U) 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 E and satisfactorily performing and providing services, shall reimburse the PROVIDER for providing c) 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 FORTY-FIVE THOUSAND EIGHTY-THREE DOLLARS E AND NO/100 ($245,083.00), during the fiscal year 2023, payable as follows: E a) The sum of TWO HUNDRED THIRTEEN THOUSAND THREE HUNDRED FIFTEEN DOLLARS AND NO/100 ($213,315.00) for Baker Act/Marchman Act transportation services pursuant to Chapter N 394, Florida Statutes; and N b) The sum of THIRTY-ONE THOUSAND SEVEN HUNDRED SIXTY-EIGHT DOLLARS AND NO/100 ($31,768.00), for Community Transportation Coordinator-related transportation services to residents of Monroe County. x 2. TERM. This Agreement shall commence on October 1, 2022, and terminate September M 30, 2023, 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, U as applicable, subject to the maximum amounts set forth in Paragraph 1. a. above. Billing Summary a CU 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 M 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 CU 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, CL 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 ME purposes. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Paragraph 2 above. CU Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the t0 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. E c� Guidance Care Center—Transportation:Baker Act and CTD FY22 Packet Pg. 705 C.22.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, 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. A 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 0 for pursuant to statutory requirements. Funding under this agreement shall not be used to purchase C capital assets. 0 RECORDKEEPING 0 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 E Agreement for public records purposes during the term of the Agreement and for seven (7) years U 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. E Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the N Project, which shall include but not be limited to accounting records (hard copy, as well as computer N 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 M 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 U to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's C representative and/or agents or the County Clerk. County or County Clerk may also conduct LM verifications such as, but not limited to, counting employees at the job site, witnessing the 1 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 CU contractors' representatives. All records shall be kept for ten (10) years after Final Completion ofLM the Project. The County Clerk possesses the independent authority to conduct an audit of Records, CL assets, and activities relating to this Project. If any auditor employed by the Monroe County or CU 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. 0 In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the U 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. c� 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 Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 706 C.22.b 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. 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: A 1) Keep and maintain public records that would be required by the County to perform the service. 0 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 0 this chapter or as otherwise provided by law. 0. U) 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 0 that would be required by the County to perform the service. If the PROVIDER U 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 E 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 N with the information technology systems of the County. N 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. M N 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 U subject to penalties under section119.10, Florida Statutes. The PROVIDER shall not transfer custody, release, alter, destroy or otherwise dispose of an y p y public � records unless or otherwise provided in this provision or as otherwise provided by law. 0 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 U) PHONE# 30S-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T—" Street, SUITE 408, KEY WEST, FL 33040. c� 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): t0 (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. Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 707 C.22.b (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors/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 0 County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); 0 b. The CPA must maintain malpractice insurance covering the audit 0. U) 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, E drug and alcohol-free workplace provisions, and equal employment opportunity provisions; U (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); as (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 E provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment H); N (k) Cooperation with County monitoring visits that the County may request during the contract N 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. c� RESPONSIBILITIES M CN 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 U under this agreement may be subcontracted but are subject to the rates set forth in Attachment D, a CU 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. CU 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. 0 0. The Provider agrees that only those individuals authorized by the County to use the fueling CU 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. CU The County shall bill the Provider for fueling and other related services and materials utilized t0 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 E processing, servicing, and handling. The Provider shall reimburse the County within thirty (30) days U of the date of issuance of the bill. Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 708 C.22.b 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. A 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 0 enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable C 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 0 expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this CL U) 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. E c, It- 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 E 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 E information. N 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to N 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 M 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 U PROVIDER is an independent contractor and not an employee, agent, or instrumentality of the C CU 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 CU 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 0. 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 ME agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. CU 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure t0 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. CU c� 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 Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 709 C.22.b 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. 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 0 amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug a 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 0 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 E prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual c) 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 E 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. t) CU 21. COOPERATION. In the event any administrative or legal proceeding is instituted LM against either party relating to the formation, execution, performance, or breach of this Agreement, -102 County and PROVIDER agree to participate, to the extent reasonably required by the other party, in M 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 CU agree that no party to this Agreement shall be required to enter into any arbitration proceedingsLM related to this Agreement. CL U) a ASSURANCESCU 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently CU 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 t0 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 CU 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. Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 710 C.22.b Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability M 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 0 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. CL U) 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 E 0 U 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 u 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 E 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. CN cN 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 M 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 U County in his or her individual capacity, and no member, officer, agent or employee of Monroe C CU 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. CU 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 CU 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 0. performance may be offered in satisfaction of the obligation or responsibility. Further, this CU 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. CU 31. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon t0 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 CU or group of individuals, entity or entities, have entitlements or benefits under this Agreement Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 711 C.22.b separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of a counterparts, each of which shall be regarded as an original, all of which taken together shall M constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 0 C 0 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: 0. U) For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 0 For PROVIDER U Craig Knierim, Deputy COO Guidance/Care Center 1205 Fourth Street E Key West, FL 33040 Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied to: N WestCare Foundation, Inc. N Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 c� 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 U in the appropriate court or before the appropriate administrative body in Monroe County, Florida. a CU 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 M prior to the institution of any other administrative or legal proceeding. CU 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 0. operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of CU the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or CU 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 t0 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 E provisions of this Agreement would prevent the accomplishment of the original intent of this CU Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 712 C.22.b provision with a valid provision that comes as close as possible to the intent of the stricken provision. 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 0 parties hereto with respect to the subject matter hereof and supersedes any and all prior a agreements with respect to such subject matter between the PROVIDER and the Board. 0 0. U) [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] ,E E 0 U E E M cN cN c� x M cN U U) c� 0 U 4i E c� Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 713 C.22.b IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day :a and year first written above. J BOARD OF COUNTY COMMISSIONERS gr-"R ' N MADOK, CLERK OF MONROE COUNTY, FLORIDA (V�T �` ' ✓Jay;u'h:RT^l~ : l B AVS5, ep y Clerk Mayor/51&rman MONROE COUNTY ATTORNEY 0 r� P1PPR(p1V£D AS TO 0R� // CL jdlTL(i)0�/h er Onf ir),A4,n h1 CHRISTME LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE: 10/13/22 Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation ,E 59-1458324 (Federal ID No. ) E Witness U By Witness Frank Rabbito, Chief Operations Officer Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation p Resolution WCGCC 2022-02CN cn r CN C3, CID U f_7 N t3 1 U) a U 0 U E U Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 714 C.22.b ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community-Based I 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. 0 A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense C request needs to also contain the following notarized certified statement: 0 "I certify that the above checks have been submitted to the vendors as noted and that the C 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 E reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. c) 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 E right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. N N 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 0 attached and certified. X Payroll M 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 c) 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. M, For overnight or express deliveries, the vendor invoice must be included. 29= Rents, Leases, etc. Lm A copy of the rental or lease agreement is required. Deposits and advance payments are not CL 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 0 sample of the finished product are required. Supplies, Services, etc. E For supplies or services ordered, a vendor invoice is required. Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 715 C.22.b 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. 0 Travel and Meal Expenses a 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 C 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 E expense at the destination. Airport parking during a business trip is not. U 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. E 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 N must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a N 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. a� 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 M 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 U specifically included in the contract), contributions, depreciation expenses (unless specifically 20 CU included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. CU 0 CL U) a CU c� CU 0 U E c� Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 716 C.22.b ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 0 Date The following is a summary of the expenses for (Organization name) for the time period of to 0. U) 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 0 U (A) Total X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX E (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) X.XXX.XX N 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. X Chief Executive Officer c� Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) U State of CU LM County of -19 CU The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this _day of (month), _ (year), by 2 Lm (name of officer or agent, title of officer or agent) of CL (name of entity). CU Personally Known Produced Identification: Type of ID and Number on IDCU _ CU (SEAL) U Signature of Notary Name of Notary (Typed, Stamped or Printed) E c� Notary Public, State of Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 717 C.22.b 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. A 0 0 CL E 0 U E E N N c� x M N U CU CU 0 CL U) a CU c� CU 0 U E c� Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 718 C.22.b 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. A 0 0 CL U) E 0 U E E c� c� c� x c� U CU CU 0 CL U) C CU c� CU 0 U E c� Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 719 C.22.b SAMAS Approp. 108846 Fund TQTF FM/Job No(s). 43202718401/43202818401 SAMAS Obj. 751000 Function 6.3 CSFA No. 55.001 � Or Code 55120 0952 Contract No. G2A3 Vendor No. 59-14 8324 0 4- FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED � TRIP & EQUIPMENT GRANT AGREEMENT 0 : THIS AGREEMENT, made and entered into this day of 2022 by and between � the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTAT N DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission, and Guidance/Care Centers In_c ,30Q0 4 Street Ocean arathon Flori a 3 050 hereinafter called the Grantee E WITNES5ETH: E U , 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 E 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; E M N NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein, C the parties agree as follows: 1.00 Purpose of 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 2022-23 Program Manual and Instructions for the Trip &Equipment Grant as further described in this Agreement and in Exhibit(s) A, M B, and C, attached hereto and by this reference made a part hereof, hereinafter called the Project; � 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 of the 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 0 in accordance with the provisions herein, and all federal, state and local applicable laws. 2.10 Pursuant to Federal,State,and Local Law: In the event that any election,referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law toCU enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to 0 U Trip&Equipment Grant,Agreement 2022/2023 Page i of 23 E Form Rev. 6/3/2022 cis Monroe Packet Pg. 720 observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.20 Funds of the Grantee: The Grantee will provide the necessary funds or in-kind contributions necessary for the completion of the Project. 0 4- 2.30 Submission of Proceedings, Contracts and Other Documents and Products: The 0 Grantee shall submit to the Commission such data, reports, records, contracts, certifications and 0 other financial or operational documents or products relating to the Project as the Commission CL U) may require as provided by law, rule or under this agreement Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. E 1 E 0 U 2.40 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, and the Fiscal Year 2022-23 Program Manual and Instructions for the Trip & Equipment Grant. E < 3.00 Total Project Cost: The total estimated cost of the Project is $317,693.00. This amount is CN based upon the amounts summarized in Exhibit "B" and by this reference made a part hereof. The N U_ Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Section 6.00 hereof after completion of the project. X W 4.00 Commission Participation: The Commission agrees to maximum participation, including M contingencies, in the Project in the amount of $2a5,925,00 as detailed in Exhibit"B," or in an amount N equal to the percentage(s) of total actual project cost shown in Exhibit T," whichever is less. U_ 4.10 Eligible Costs: Grant Funds, derived exclusively from the Transportation Disadvantaged U Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a C transportation disadvantaged person's transportation costs, and then only if a match, as specified .2 in the Fiscal Year 2022-23 Program Manual and Instructions for the Trip and Equipment Grant, is provided by the Grantee. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. The Grantee shall maintain an approved written .2 CU 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 0 CL recipient as part of the rider's eligibility file. Trip and Equipment Grant Funds may also be used U) a CU to purchase capital equipment used for the provision of transportation services to the transportation disadvantaged. CU 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed C 0 only from the date of this Agreement. It is understood that State participation in eligible project U costs is subject to: Trip&Equipment Grant Agreement 2022/2023 Page 2 of 23 E Form Rev. 6/312022 Monroe Packet Pg. 721 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 0 appropriation authority becomes available; 4- C 1 d) Submission of all certifications, invoices, detailed supporting documentation, or other .2 obligating documents and all other terms of this agreement. 0 0. U) 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 E E agreement,the Grantee must also adhere to the following limitations on the use of Transportation 0 U Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may E 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. E 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation N Q CN Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding and Retainage: Front end funding and retainage are not applicable. X W 5.00 Project Budget and Disbursement Schedule: M N 5.10 The Project Budget: The Grantee shall maintain the Commission approved Project U- Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and s make disbursements of Project funds only in conformity with the latest approved budget for the U 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, .2 5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved 0 0. disbursements schedule, contained in Exhibit "B." This schedule shall show estimated U) 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 0 and advance approval by the Commission. Reimbursement for the Commission's share of the U project shall not be made for an amount greater than the cumulative total, up to any given month, Trip&Equipment Grant Agreement 2022/2023 Page 3 of 23 E .a Form Rev. 6/3/2022 U Monroe Packet Pg. 722 as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly B C= ; basis actual costs that may be above or below (+/-) the amount of the monthly allocation M disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling" or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does U) B not exceed the cumulative total of funds disbursed to date with supporting documentation. No 0 4- 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 0 completion. Grantee will make every effort to submit invoices within thirty (30) days after the 0 month of service provision. 6.00 Accounting Records,Audits and Insurance: 6.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the E E Commission to facilitate the administration of the transportation disadvantaged financing 0 U program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such transportation disadvantaged financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed E documentation supporting the Project Account, must be made available upon request, without C cost, to the Commission any time during the period of the Agreement and for five years after final E payment is made or if any audit has been initiated and audit findings have not been resolved at < the end of five years, the records shall be retained until resolution of the audit findings. N Q N Should the Grantee provide transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the X W period of the Agreement and for five years after final payment is made or if any audit has been M N initiated and audit findings have not been resolved at the end of five years, the records shall be >- retained until resolution of the audit findings. U- 6.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately U 'a record in the Project Account, and deposit in a bank or trust company which is a member of the 9= CU Federal Deposit Insurance Corporation, all transportation disadvantaged trust fund payments received by it from the Commission pursuant to this Agreement and all other funds provided for, CU accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the CU amounts insured under Federal plans, or under State plans which have been approved for the 0 deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the U) types and in the manner as prescribed by State law for the security of public funds,or as approved by the Commission. 6.30 Costs Incurred for the Project; The Grantee shall charge to the Project Account only 0 eligible costs of the Project, Costs in excess of the latest approved budget, costs which are not U Trip&Equipment Grant Agreement 2022/2023 Page 4 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 723 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. U) 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 .2 proper detail of the charges, The Grantee shall provide upon request, sufficient detailed 0 documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the 0. U) 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 E E 0 to any item which is or will be chargeable against the Project Account will be drawn only in U 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 E Project shall be clearly identified, readily accessible, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. E 6.60 Audits, N a : N 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 X W evaluations of state financial assistance or limit the authority of any state agency inspector M N general,the Auditor General, or any other state official.The Grantee shall comply with all audit >_ , and audit reporting requirements as specified below. U_ a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida U 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 .2 CU through the Commission by this Agreement. By entering into this Agreement, the Grantee 0 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 CU 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. 0 U Trip&Equipment Grant Agreement 2022/2023 Page 5 of 23 E .a Form Rev. 6/3/2022 U Monroe Packet Pg. 724 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: L In the event the Grantee meets the audit threshold requirements established by 0 Section 215,97, Florida Statutes, the Grantee must have a State single or project- a specific audit conducted for such fiscal year in accordance with Section 215.97, .2 Florida Statutes; applicable rules of the Department of Financial Services; and 0 Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit 0. U) 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 E E assistance, including state financial assistance received from the Commission by 0 U 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. E ii. In connection with the audit requirements, the Grantee shall ensure that the E audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section N Q N 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 X W 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 U_ 11t !,g...fl,us no later than nine months after the end of the ranee®s audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements U 'a established by Section 215.97, Florida Statutes, in a fiscal year and elects to have 9= CU 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 0 0. U) (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 CU Office of Comptroller, MS 24 Local Government Audits/342 C 605 Suwannee Street Ill West Madison Street, Room 401 0 Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450 U 4i Email: FDOTSingleAud1t@dot,state,fl.us Email: flaudgen—localgovt@aud.state.fl.us Trip&Equipment Grant Agreement 2022/2023 Page 6 of 23 E Form Rev. 613/2022 cs Monroe Packet Pg. 725 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. 0 4- .2 vi. The Grantee, when submitting financial reporting packages to the Department 0 for audits done in accordance with Chapters 10.550(local governmental entities) CL 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. vii. Upon receipt, and within six months, the Department will review the Grantee's E financial reporting package, including corrective action plans and management E 0 U 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 E Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate E corrective action to enforce compliance. N CN 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 X is complete or the dispute is resolved. W M N c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of U- this Agreement for a period of five years from the date the audit report is issued and shall s, allow the Commission, the Department, or its designee, CFO or the Auditor General access U 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 0 0. audit the books, records and accounts pertaining to the financing and development of the Project U) 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: 0 U Trip&Equipment Grant Agreement 2022/2023 Page 7 of 23 E Form Rev. 613/2022 Monroe Packet Pg. 726 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. 0 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. 0 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 E E insurance coverage that may be applicable. 0 U 7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: E 7.10 it with the Commission for the Transportation Disadvantaged, E E1._CTQInvp jig,@dot�.statq,f"u,�-, its invoice on a form or forms prescribed by the Commission, < M and such other detailed supporting documentation pertaining to the Project Account and the N Q Project(as listed in Exhibit"B" hereof)as the Commission may require,to justify and support N 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 all invoices and support documentation will be true X and correct. W M N 7.12 Financial Consequence: Reimbursement payment for transportation services shall not U_ be provided to the Grantee until trips are provided and documentation supporting such 6 services has been approved. In addition, payment shall not be provided to the Grantee for U 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, 2023. CU 00 7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will C� .2 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 0 eligible costs. However, notwithstanding any other provision of this Agreement, the Commission U) may give written notice to the Grantee that it will refuse to make a payment to the Grantee on CU the Project Account if: CU 7.21 Misrepresentation., The Grantee has made misrepresentations of a material nature 9= 0 in its application, or any supplement thereto or amendment thereof, with respect to any U document or record of data or certification furnished therewith or pursuant hereto; Trip&Equipment Grant Agreement 2022/2023 Page 8 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 727 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 U) Agreement, or payments to the Project; B L- 0 7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide 4- to the Commission detailed documentation of requisitions or certifications of actions taken; .2 0 7.24 Conflict of Interests: There has been any violation of the conflict 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 E E 0 U 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. E 7.30 Disallowed Costs: in determining the amount of the Grantee's payment,the Commission E will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs < M which are not provided for in the latest approved budget for the Project, costs which are not N Q N 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." X 7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or W incurred pursuant to this Agreement shall be submitted in accordance with the Commission's N invoice procedures in detail sufficient for a proper preaudit and postaudit thereof. Failure to U- submit to the Commission detailed supporting documentation with the invoice or request for s project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee U until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, CU Rules 41-2 and 69, Florida Administrative Code, and the Fiscal Year 2022-23 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 0 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 0 0. grant agreement which it has with the Grantee owing such amount if, upon demand, payment of U) r. CU 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. CU 0 U Trip&Equipment Grant Agreement 202212023 Page 9 of 23 E Form Rev. 6/312022 Monroe Packet Pg. 728 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 0 the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the 4- a Commission may, by written notice to the Grantee, suspend any or all of its obligations under this .2 Agreement until such time as the event or condition resulting in such suspension has ceased or 0 been corrected, or the Commission may terminate any or all of its obligations under this CL 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 E E action to terminate or suspend, as the case maybe, Project activities and contracts and such 0 U 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 E (3) remit to the Commission such portion of the financing and any advance payment previously a received as is determined by the Commission to be due under the provisions-of the Agreement. E 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 N Q N 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 X CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS W M R CN ELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: >- U- s (850) 410-5700 1-- U 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 0 0. U) 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 0 disclosure requirements are not disclosed except as authorized by law for the duration of the U Trip&Egan pment Grant Agreement 2022/2023 Page 10 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 729 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 B possession of the Grantee or keep and maintain public records required by the Commission to L- perform the service. If the Grantee transfers all public records to the Commission upon completion 0 of the contract, the Grantee shall destroy any duplicate public records that are exempt or .2 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 0 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 E E immediate unilateral cancellation of this Agreement by the Commission. 0 U V- 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 E 'a 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. E 10.00 Contracts of the Grantee: CN Q - N 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 X by the Grantee that the contract or obligation was executed in accordance with the competitive W procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and N the rules promulgated by the Department of Management Services. Failure to provide such U- certification, upon the Commission's request, shall be sufficient cause for nonpayment by the a Commission as provided in Section 8.20. The Grantee agrees, that by entering into this U Agreement, it explicitly certifies that all of its third party contracts will be executed in compliance CU with this section. 10.20 Compliance with Consultants' Competitive Negotiation Act: It Is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, 0 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 0 Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this U) law to the Commission for each consultant contract it enters. 10.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other CU commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the C Commission's request, the Grantee shall certify compliance with this law. 0 L) Trip&NuIpment Grant Agreement 2022/2023 Page 11 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 730 11.00 Restrictions, Prohibitions, Controls,and Labor Provisions: 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 LA because of race, age, disability, creed, color, sex or national origin. The Grantee will take 0 affirmative action to ensure that applicants are employed, and that employees are treated during 4- employment, without regard to their race, age disability, creed, color, sex, or national origin. C I If .2 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 W 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 E E raw materials. The Grantee shall post, in conspicuous places available to employees and 0 U applicants for employment for Project work, notices setting forth the provisions of the non- discrimination clause. E 'a 11.20 Title VI-Civil Rights Act of 1964: 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 E Department of Transportation, the Regulations of the Federal Department of Justice and the < M assurance by the Grantee pursuant thereto. N Q N 11.30 Prohibited Interests: 11.31 Contracts or Purchases: 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, X shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for W the Grantee from any business entity of which the officer or employee or the officer's or N employee's business associate or spouse or child is an officer, partner, director, or proprietor U- or in which such officer or employee or the officer's or employee's spouse or child, or any s'. combination of them, has a material interest. U CU 11.32 Business Conflicts: 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 .2 to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 0 0. U) 9= 11.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit CU or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 11.34 Former Employees - Contractual Services: Unless authorized in writing by the 0 U Commission, no employee of the Grantee shall, within I year after retirement or termination, Trip&Equipment Grant Agreement 2022/2023 Page 12 of 23 E Form Rev. 6/312022 Monroe Packet Pg. 731 have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 11.35 Former Employees - Consulting Services: The sum of money paid to a former 0 employee of the Grantee during the first year after the cessation of his or her responsibilities 4- by the Grantee,for contractual services provided to the Grantee, shall not exceed the annual 0 salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines 0 U) and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert In all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: E 0 "No member, officer, or employee of the Grantee during his tenure or for one year U thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." E The provisions of this section shall not be applicable to any agreement between the Grantee E and its fiscal depositories, or to any agreement for utility services the rates for which are < fixed or controlled by a Governmental agency. M N Q CN 11.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors,shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with X disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons W M with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities CN Act, as amended, as it may be amended from time to time. U_ s 11.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this U Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No .0 a � Grantee may employ any person or organization with funds received pursuant to this Agreement CU LM for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The'purpose 0 -19 CU of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; telephone; and association dues. The provisions of this section supplement the provisions of Section 11.062, Florida Statutes,which 0 is incorporated by reference into this Agreement. CL 11.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 CU months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133, Florida Statutes. 0 The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, U subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting Trip&Equipment Grant Agreement 202212023 Page 13 of 23 E Form Rev. 6/3/2022 cis Monroe Packet Pg. 732 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 LA I vendor list so long as that person's name appears on the convicted vendor list, 0 11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's a M E-Verify system, in accordance with the terms governing use of the system, to confirm the 1� 0 employment eligibility of: 0. U) 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. E E 0 U 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. E Refer to the U.S. Department of Homeland Security's website at www.,dhs. ov to learn more about E-Verify. E 12.00 Miscellaneous Provisions: N Q N 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. X 12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated W M or liable hereunder to any party other than the Grantee. N U- 12.30 When Rights and Remedies Not Waived: In no event shall the making by the s Commission of any payment to the Grantee constitute or be construed as a waiver by the U 'a Commission of any breach of covenant or any default which may then exist, on the part of the a CU 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. 0 12.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this CU Agreement is held invalid, the provision shall be severable and the remainder of this Agreement 0 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 0 an approval of its financing hereunder. U Trip&Equipment Grant Agreement 2022/2023 Page 14 of 23 E i Form Rev. 6/3/2022 Monroe Packet Pg. 733 12.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or Federal law. Provided,that if any of the provisions of the Agreement violate any applicable State or Federal law, the Grantee will at once notify the A B Commission in writing in order that appropriate changes and modifications may be made by the 0L_ ' Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 0 12.70 Venue: This agreement shall be governed by and construed in accordance with the law 0 CL U) of the State of Florida. In the event of a conflict between any portion of the contract and the Florida law, the laws of Florida shall prevail. The Grantee agrees to waive forum and venue and that the Commission shall determine the forum and venue in which any dispute under this Agreement is decided. E E 12.80 Purchased Vehicles or Equipment: 0 U 12.81 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part with E Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations E or modifications to the equipment or vehicles without the consent of the Commission. The Grantee shall notify the Commission in writing of any lease or assignment of operational N responsibility of project vehicles and equipment to third-persons. N LL 12.82 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the transportation disadvantaged and in support of the service plan X established under the provisions of Rule 41-2, Florida Administrative Code, to serve the W transportation needs of the transportation disadvantaged of the area. Purchased Project N equipment and vehicles shall be operated to their maximum possible efficiency. Purchased U_ vehicles and equipment will be used for the period of their useful lives in accordance with the 0 most current Commission policies. The Commission may, after consultation with the Grantee, U transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. CU Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said 0 items by sale has occurred. The Commission shall make the sole determination of the CU Grantee's interest and reimbursement. As determined by the Commission, failure to 0 satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be U) sufficient cause for nonpayment by the Commission as provided in Section 7.20. 12.83 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by 0 reference. The following applicable process must be used prior to disposition of any capital U equipment purchased with these grant funds: Trip&Equipment Grant Agreement 202V2O23 Page 15 of 23 E Form Rev, 6/3/2022 Monroe Packet Pg. 734 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 0 4- 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 .2 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 0 U) 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 E E 0 Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for U 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 E vehicles and equipment when it has reached the end of its useful life at which time the Commission will satisfy its lien of record. E c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and CN Q : no longer a Commission approved Community Transportation Coordinator, the capital >_C4 a 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 Equivalency of Service: In the event that this agreement involves the purchasing of vehicles, X upon the Commission's request, the Grantee shall submit to the Commission, certification that such W M equipment meets or exceeds equivalency of service requirements in accordance with the Commission's C14 U_ Capital Equipment Procedures. Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Section 8.20. U 13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create CU 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 agrees to U) 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 CU 1- 1 indemnification shall survive the termination of this agreement. Nothing contained in this paragraph a I 0 . L) Trip&Equipment Grant Agreement 202212023 Page 16 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 735 C.22.b 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, 0 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, 0. 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." 0 i U 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. C C : 15.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, U 2023. 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 N by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2023. - U . 16.00 Agreement 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 an ender shall extend to and include all enders. Y9 9 17.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of 0 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) E 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. U The Florida Department of Transportation has .twenty (20) days to deliver a request for payment Trip&Equipment Grant Agreement 2022/2023 Page 17 of 23 E Form Rev. 613/2022 Monroe Packet Pg. 736 (voucher) to the Department of Financial Services after receiving an approved invoice from the Commission. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. U) B If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection 1- : and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be 0 4- C q due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision 0 applies after a 35-day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which 0 ' CL have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Management Services. The E duties of this individual include acting as an advocate for vendors who may be experiencing problems E 0 in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at U (850) 413-5516. E 'a 19.00 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party E contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: N N When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of Chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each X subcontractor and supplier at the time of receipt of the payment. If the contractor receives w less than full payment, then the contractor shall be required to disburse only the funds N received on a pro rata basis with the contractor,subcontractors, and suppliers, each receiving U_ a prorated portion based on the amount due on the payment. If the contractor without S. reasonable cause fails to make payments required by this section to subcontractors and U suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or .2 penalties, a person found not in compliance with any provision of this section may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party 0 or the Department of Legal Affairs when it provides legal assistance pursuant to this section. U) The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 20.00 Modification: This Agreement may not be changed or modified unless authorized in writing by both patties. 0 U Trip&Equipment Grant Agreement 202212023 Page 18 of 23 E Form Rev. 6/3/2022 a U Monroe Packet Pg. 737 _FM 1 432028.184 CONTRACT NO. G2A30 AGREEMENT DATE: L 12 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. 0 GRANTEE: GUIDANCE/CARE CENTER, INC. COMMISSION FOR THE TRANSPORTATION r5.,, DISADVANTAGED 0 kP - CL j elk, t BY: BY: E E 0 U TITLE:_ TITLE: Executive Director(Commission Designees E E N a N X W M N U- U 0 0. U) 0 U Trip&Equipment Grant Agreement 2022/2023 Page 19 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 738 _EIM 43202718401�02�814401 CONTRACT NO. G2A30 > AGREEMENT DATE: EXHIBIT"A" 0 PROJECT DESCRIPTION AND RESPONSIBILITIES 4- TRIP/EQUIPMENT 0 This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission 0 CL for the Transportation Disadvantaged and Guidan_ce/Cgj Center, Inc.. 3000 41st Street Ocean U) Marathon-Florida 3305O. I. PROJECT LOCATION: MgnrQe County(iies) E II. PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that E 0 transportation can be provided to eligible transportation disadvantaged individuals in accordance U with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current a : Commission policies and the Fiscal Year 2022-23 Program Manual and Instructions for the Trip & 0 E.0 . 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 E 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 N Q - agreement. There shall be an approved eligibility application -for each rider who receives CN 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. X III, DELIVERABLES: W Passenger Trips — In accordance with the Commission's invoice procedures, backup CMN documentation shall accompany each invoice for transportation. The backup documentation U_ identifies specific trips designated as eligible for reimbursement with Transportation Disadvantaged Trust Funds. The backup documentation shall support the Trip Summary Data U 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 CU 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 .2 the Commission as first Lien Holder is also required. 0 . IV. SPECIAL CONSIDERATIONS BY GRANTEE: All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida Department of Transportations Guidelines for Acquiring Vehicles or criteria set forth by any other federal, state, or local government agency. V. SPECIAL CONSIDERATIONS BY COMMISSION., Not applicable. 0 U Trip&Equipment Grant Agreement 2022/2023 Page 20 of 23 E Form Rev. 613/2022 Monroe Packet Pg. 739 32027184gy 3202418401 CONTRACT NO. G2A30 AGREEMENT DATE: EXHIBIT"Sol 0 PROJECT BUDGET AND DISBURSEMENT SCHEDULE 4- 0 This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and guidance Care Center, Inc.. 3000. 41st Street Dsean 0 0. Kgr@thon canda 33 U) 1. PROIECT 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 2022-23 Program Manual and Instructions for the Trip & Equipment Grant. Trips shall be purchased at the fares E E indicated in Exhibit 13, Page 2 of 2 attached to and made a part of this agreement. 0 U 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"underbil ling" E 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 E 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 CN services shall not be provided to the Grantee until documentation supporting such services has been a N 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, 2023. Grantee will make every effort to submit invoices within thirty (30) days after the month of service provision. X W M TLC Trust Fund Trips $ 317,686.00 43202718401 CN Voluntary Dollars 7.00 43202818401 U_ ............ ......... TOTAL $ 317,693.00 U CU 11. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $285,918.00 CU Local Cash Match (10%) $31,768.00 Voluntary Dollar Contributions $7.00 .2 Monetary Value of In-Kind Match for Voluntary Dollar Contributions 2 -19.0-0 L_ 0 Total Project Cost $317,693.00 0. U) III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS$ FY-22I23 Jul Mg ft Oct _AP_r fjoy P!�g Jan Feb Mar Trips 23,839 23,826 23,826 23,826 23,826 23,826 23,826 23,826 23,826 23,826 23,826 23,826 Capital 0 0 U Trip&Equipment Grant Agreement 202212023 Page 21 of 23 E Form Rev. 6/3/2022 Monroe Packet Pg. 740 TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES > EXHIBIT B u) : PAGE 2 OF 2 6 2 0 4- COMMUNITY TRANSPORTATION COORDINATOR: Guidance[Care ter Inc. 0 EFFECTIVE DATE: 07-01 -2-a2v ----------- 0 UNIT COST PER UNIT CL TYPE OF SERVICE TO BE U) (Passenger Mile,Trip,or Pass) $ PROVIDED Mile 3.23 Ambulatory ...................... ..................... E Wheelchair Mile 5.56 E 0 U Group (per passenger) Mile 1.56 .......................... E Bus Pass -Weekly Pass 5.00 E Bus Pass - Monthly Pass 15.00 ..................... ...... .............. CN a : Key West (One Way)Bus Pass Pass 1.00 CN .... ......------- >_ u_ Lower Keys (One Way)Shuttle Pass 2.00 . ............... Lower Keys Shuttle - Weekly Pass 15.00 x W Lower Keys Shuttle-Monthly Pass 45.00 CN ............... LL ............ U ------------------—-—__- . .................................. ................... ....... —-------- CERTIFICATION(To Be Completed By Commission Staff): .2 1 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. 0CL .................... U) Name: John Irvine Signature: --------------------- --- ------ Title:Project Manager Date: Ty .................. .................. ............. 0 U 4i Trip&Equipment Grant Agreement 2022/2023 Page 22 of 23 Form Rev. 6/312022 E Monroe Packet Pg. 741 C.22.b FM,JOB....NS .a............................................43202718401/432028.1.8.40.1....., C CONTRACT NO. G2A30 AGREEMENT DATE.e,,. md - o �_,,,,,, > ACRE � i EXHIBIT"C" 6 S 2 0 STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) 0 THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE U) FOLLOWING: SUB3ECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency Commission for the Transportation Disadvantaged/Florida Department E of Transportation U State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) TRIP AND EQUIPMENT GRANT PROGRAM CSFA Number: 55.001 *Award Amount: $285,925.00 E *The state award amount may change with supplemental agreements N N Specific project information for CSFA Number 55.001 is provided at: c� COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: CN State Project Compliance Requirements for CSFA Number 55.601 are provided at: is ii fl�&Igo Irn U The State Projects Compliance Supplement is provided at fts'j :: CU a� CU 0 CL CU c� CU 0 U Trip&Equipment Grant Agreement 2022/2023 Page 23 of 23 E Form Rev. 6/3/2022 c� Monroe Packet Pg. 742 GV�S COURTq c o: A Kevin Madok, CPA - 'tiO�ROE°OUNSy� Clerk of the Circuit Court& Comptroller Monroe County, Florida O DATE: June 28, 2022 TO: Sheryl Graham, Director Social Services 0 ATTN: Lourdes Francis U) FROM: Liz Yongue, Deputy Clerk SUBJECT: June 15th BOCC Meeting E E 0 Attached is a copy of the following item, which has been executed and added to the record: U C13 Contract with the Community Transportation Coordinator, Guidance Care Center, E E Inc., and Monroe County (Monroe County Transit) for the contract period of July 1, 2022 through 9= June 30, 2023. This is a non-monetary partnership/collaboration 0contract required by the State of E Florida Commission for the Transportation Disadvantaged. < cN Should you have any questions please feel free to contact me at (305) 292-3550. C14 c� x cN U cc: County Attorney � Finance C, File c� 0 U E KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Packet Pg. 743 C.22.b Effective: 07101122-6/30/23 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED A STANDARD COORDINATION/OPERATOR CONTRACT 0 THIS CONTRACT is entered into between The GUIDANCE/CARE CENTER, INC., a Florida � 501 c3 not-forWprofit corporation, designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, CL and hereinafter referred to as the "Coordinator" and) MONROE COUNTY BOARD OF, COUNTY CO1NAMISSIONIERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective ,Julys 1 2022, and will continue through .June 30, 2023. � E WHEREAS, the Coordinator is required, under Rule 41-2.011, F.A.C.„ when cost effective and 0 efficient, to enter into contract with a transportation Agency/Operator to provide transportation services-, and E WHEREAS, transportation disadvantaged funds includes any local' government, state or federal funds that are for the transportation of transportation disadvantaged; and E WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of N 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 � Agiency/Operator; and M 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 U 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. 2 NOW, THEREFORE, in consideration of the mutual) covenants, promises and representations 0. herein, the parties agree as followers: THE AGENCY/OPERATOR SHALL: c� A. Provide services and vehicles according to the conditions specified in Attachment I. 0 U B. Coordinate available resources and make available transportation services to the Coordinator. Such, services shall be provided in accordance with Attachment I. This c� Packet Pg. 744 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 0 4- 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 1� 0 to, the instructions for the forms. 0. U) D. Comply with audit and record Keeping i requirements by: 1. Utiilizinigi the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium, Model Uniform Accounting....System for Rural and Specialized E E Transportation Providers (uniform accounting system) for all transportation 0 U disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not reqlui'red to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and E fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above E referenced mianual. N Q N 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 X Coordinator. W M N E. Retain all financial records, supporting documents, statistical records, and any other U- docuiments 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 U 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 .2 period. 0 CL F. Comply with Safety Requirements by: 1. Complying with Section 341.0611, 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; 0 U 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; E -2- Packet Pg. 745 :a 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. G. Comply with Commission insurance reqiuirements by maintaining at least minimum liability insurance coverage in the amount of$100,000 for any one person and $200,000 per A occurrence at all times during the existence of thii's Contract. In the event of any cancellation 0 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 0 Contract or proof of a self-insurance program operated by the Agency/Operator. School 0. U) 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 E E federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a 0 U court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. E L Protect Civil Rights by: E 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amendedl. The Agency/Operator gives this assurance N Q N 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 X compliance with: W M N a. Title VI of the Civil Rights Act of 19,64, as amended, 42 U.S.C. 2000d et seq.,. U- which prohibits discrimination on the basis of race, color, or national origiin in s programs and activities receiving or benefiting from federal financial U 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. 61011 et seq., 0 which prohibits d�iiscrimination on the basis of age in programs or activities U receiving or benefiting from federal financial assistance. E -3- Packet Pg. 746 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. 0 C 9. The Americans with Disabilities Act of 199,0, as it may be amended from time .2 to time. 0 0. U) 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 proviided. Assuring that operators, subcontractors, sub grantees, or others with whom the Coordinator arranges to E E provide services or benefits to participants or employees in connection with, any of its 0 U 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 E 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 E assistance being terminated and further assistance being denied. N Q N J. The Agency/Operator, as a political sub-division of the State of Florida, as defined in >_ Section 7'68.28, 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 X intentional tortuous acts,. W Nothing contained in this Section shall be construed to be a waiver by either party of any U_ protections under sovereigin 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 U 'a 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 req�uilrements of the: 1. The Commission for the Transportation, Disadvantaged [Attachment 11 .2 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan 0 0. and- U) 3. Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance 0 requirements established and monitored: by the Coordinating Board in the, approved U Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the E satisfaction of the Coordinator. -4- Packet Pg. 747 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/Olperator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate 0 the implemenitation of the Corrective Action. W 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 E E days after either discovery by the Agency/Operator, or notification of the Agency/Operator 0 U 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 E 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 E from future invoices, C14 Q N 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, X W including apprenticeship. The Agency/Operator shall insert the foregoing provision M CN modified only to show the particular contractual relationship in all its contractsin connection >- with the development of operation of the Contract, except contracts for the standard U- commercial supplies or raw materials, and shall reqluire all such contractors to insert a s similar provision in subcontracts relating to the performance of this Contract, except U 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, .2 agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereuinder. Funds disbursed to the Agency/Operator under this 0 Contract shall not be expended for the purpose of lobbying the Legislature, the judicial! branch, or a state agency. THE COORDINATOR SHALL: 0 A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. U B. Insure that entities with transportation disadvantaged funds will purchase Transportation E Disadvantaged services through the coordinated system. Packet Pg. 748 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. 0 THE OPERATOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with 0 any provision, thereof, perform any other act or do any other thing in contravention of any 0. U) 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. E E 0 U B. If any part or provision of thiis Contract is held invalid, the remainder of this Contract shall be binding on the parties hereto. E C. Termination Conditions: E 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 N Q N 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 x Agency/Operator. INlotice shalll be deliveredi by certified mail, return receipt W M N requested, or in person, with proof of delivery. Notice shall be effective upon receipt. >_ U_ 3. Termination due to Disapproval of Memorandum of Agreement - In the event that the s Commission, does not accept and approve any contracted transportation rates listed U 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 uipoin receipt. 4. Termination due to Lack of Funds - In the event funds to finance this contract 2 become unavailable, the Coordinator may terminate the contract with no less than 0 twenty-four (24) hours written notice to the Agency/Operator. Notice shall be U) 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. 0 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the L) Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, 4i a terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall 0 E be delivered by certified mail, return receipt requested, or in person with proof of -6- Packet Pg. 749 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 rigiht to remedies at law or to damages. 0 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 0 within thirty (30) days after the termination of this Contract. CL 7. The Coordinator shall pay all bills withiiln 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. E E D. Renegotiations or Modifications of this Contract shall only be valid when they have been 0 U reduced to writing, duly approved by the Coordinator, and sigined by both parties hereto., E. Agency/Operator shall assign no portion, of this Contract without the prior written consent of E the Coordinator. E F. This, Contract is the entire agreement between the parties. N Q G. Attachments I and 11 are an integral part of the Contract and are hereby incorporated by N reference into this Contract. All subsequent attachments are of an optional nature. H. Notice and Contact: x The name ands address of the contract manager for the Coordinator for this Contract is: W Lisa Marciniak, Transportation Coordinator N Guidance/Care Center, Inc. U- 3000 418t Street, Ocean s Marathon,, FL 3305O U The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 3,304,0 0 CL U) 9= 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. 0 This contract and its attachments contain all the terms and conditions agreed upon by the parties U hereto. E -7- Packet Pg. 750 C.22.b WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERATOR: COMMUNITY TRANSPORTATION > COORDINATOR M A Monroe County Board of County 0 Commissioners Guidance/Care Center, Inc., a Florida 501 c3 not-for-profit corporation j Agency/Operator Name] [ Coordinator Name] 0 0. David Rice Frank C. Rabbito Typed/Printed Name of Authorized Typed/Printed Name of Authorized Individual Individual COO 5/26/2022 E Mayor U Title Date Title /.__..-- l Date r . Signature Signature N ATTEST: KEVIN MADOK, CLERK Digitally signed by James N James D. D.Molenaar 022.05.2717:39:45 Molenaar 04'00' By. Approved as to Form and Legal Sufficiency 0 uty erk James D. Molenaar Asst. County Attorney �, IS 23 MONROE COUNTYATTORNEY'S OFFICE CN — U OVy' IN-T11&NN. f_"1a. J 0 CL _ C. I- U) C3 C= 0 U E U Packet Pg. 751 ATTACHMENT I AGENICY/OPERATOR CONTRACT SERVICE DESCRIPTION A a 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 0 2. The Agency/Operator will be available to provide transportation (schedule) 1� Monday -Friday 8 am to 5 pm, 0 0. U) 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 E E fit in this section, please attach a separate sheet—please also include number of seats and 0 U w1c capacity) See attached list. E 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios E 6. Driver Requirements N Q License type depended on FL DOT requiirements, 3 year clean driving record, CPR & First N Aidl, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and requirements illustrated throughout contract) 7. Training X Current CPR and First Aid certification, HIV/AIDS, Defensive, Driving, Pre-employment and W M biennial driver p�hysicalls, ADA training (see FAC 41-90, and requirements illustrated N throughout contract) U_ & Reporting Requirements U 'a 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 0 3rd' Priority - Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank... 0 U E -9- Packet Pg. 752 ATTACHMENT 11 The Commission for the Transportation Disadvantaged Standards and Performance Requirements A Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation 0 Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged 4- C by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: 0 0. U) (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 E E and identified in the local Transportation Disadvantaged Service Plan; 0 U (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of suichi device in the local Transportation Disadvantaged Service Plan; E (d) Passenger property that can be carried by the passenger and)/or driver in one trip and can E be safely be stowed on the vehicle, shall be allowed to, be transported with the passenger at no addlitional!i charge. Additional ireq:uiirements may be negotiated for carrying and loading CN i Q rider property beyond this amount. Passenger property does not include wheelchairs, child N seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; X (f) A local toll free phone number for complaints or grievances shall be posted inside the W vehicle. The local complaint process shall be outlined, as a section in the local N Transportation Disadvantaged Service Plan including, advising the dissatisfied person about U_ the Commission's Ombudsman Program as a step within the process, as approved by the s Local Coordinating Board; U (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; (hi) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or .2 broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; 0 (i) Billing requirements of the Comm ul n ityTra nsportatiion 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 Iby the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non- 0 U governmental entity; Passenger/trip database must be maintained or accessible by the Community E Transportation Coordinator on each rider being transported within the system; _ 10- Packet Pg. 753 (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 0 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, gluardlian, 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 E E affix to driver clothing are acceptable, For transit services, the driver photo identification 0 shall be in a conspicuous location in the vehicle; U (m) The paratranisit driver shall provide the passenger with boarding assistance, if necessary or E requested, to the seating portion of the vehicle, The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement E devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratrans,it service categories, the driver may also be required to open and close doors to CN buildings, except in situations in which assistance in opening/closing building doors would CN 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; X (n) All vehicles ordered or put into service after adoption; of this section of the Rule, and W providing service within the coordinated system, shall be equipped with two-way CN communications in good working order and be audible to the driver at all times to the base. U_ AIII vehicles that are not equipped with two-way communications shall have two years to be s in compliance after the adoption date of this section of the Rule; U (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; 0 (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. 0 U E Packet Pg. 754 C.22.b A �v A � CL U) �,o C7 Cq N rn �-c ac �r °rl .- urt M r+t C om CJ C) U rr� csr W C;7C� � rq LL w 4 44* C ) cCD ry o ^ N NI N •+ > > CC.7C�1C a ' a o 0 o t3 � ' HH CCCC7C� � 7 �T. u QC c7r NC crr oo r- 00 cr 0 00 � t'- 00 Car 00 � 0 E' cr r c� c Car Cr N N CTr � U � w� � tw. ea as cca Car C)r cr, cr, car Car Car �, `� o C� C> Crs ca cCr � � c cz o C� ca C� Gc 00 oc 00 00 Oc 00 dq 00 4XV CSC? po "Sc- 00 a — — 0 Car � vc va as c ON clr Cr Car C7 U C,� E U Packet Pg. 755 WESTFOU-01 F"DATE C.22.b MIDDIYYYY) , . _. CERTIFICATE OF LIABILITY INSURANCE 6/30/2022 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 POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEC 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 y If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement of M this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). U) PRODUCER CONTACT Deidre Williams NAME: Assured Partners,Lake Mary PHONE FAX 0 300 Colonial Center Parkway,Suite 270 (A/C,No,Ext): (A/C,No): Lake Mary,FL 32746 E-MAIL 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 CL U) Guidance Care Center Inc. INSURERC:Berkshire Hathaway Homestate 20044 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS L) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS-MADE J OCCUR 6088087803 7/1/2022 7/1/2023 DAMAGE TO RENTED 1,000,1 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 20,1 PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,t)t)t),I N POLICY JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 3,000,1 N OTHER: $ >_ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1�000�1 `tl' Ea accident $ X ANY AUTO 6091019303 7/1/2022 7/1/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ ey HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UJ $ ie3 A UMBRELLA LIAB X OCCUR 3,000,1 N EACH OCCURRENCE $ X EXCESS LIAB CLAIMS-MADE 6090022303 7/1/2022 7/1/2023 AGGREGATE $ 3,000,1 LL LL DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER L) WEWC317351 3/1/2022 3/1/2023 1,000,1 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) 1,000,1 M E.L.DISEASE-EA EMPLOYEE $ M If yes,describe under 1,000,1 LM DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabili 5088087803 7/1/2022 7/1/2023 Aggregate 3,0 00,1 A Professional Liabili 6088087803 7/1/2022 7/1/2023 Occurrence 1,000,1 O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners Is Additional Insured under the General Liability and Automobile Liability as required by written contract. T CL By WAMM � . �• CERTIFICATE HOLDER CANCELLATION O t) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Risk Management 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 756 AGENCY CUSTOMER ID:WESTFOU-01 SE72 c.22•b LOC#: 1 AC"RV ^ ADDITIONAL REMARKS SCHEDULE �,. Page 1 of AGENCY NAMED INSURED ss u red Partners, Lake Mary PO Box 94738 Center Inc. POLICY NUMBER Las Vegas,NV 89193-4738 SEE 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, O FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance O I Additional Coverages/Policies: Coverage: Workers Compensation Insurance Carrier: Berkshire Hathaway Homestate Insurance Company Effective: 02/26/2022 to 03/01/2022 Policy#WEWC316778 Limits: $1,000,000 EL Each Accident $1,000,000 EL Disease Each Employee E $1,000,000 EL Disease-Policy Limit U Coverage: Cyber Liability INSURER AFFORDING COVERAGE: Houston Casualty Company POLICY NUMBER: H21NGP210771-01 EFF DATE: 09/21/2021 EXP DATE: 09/21/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Network Security Liability Per Claim: $5,000,000 E Aggregate: $5,000,000 M cN cN Coverage: Abuse& Molestation u- 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 UJI cN t3 O O I U) c� O t3 E c� ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 757 C.22.b Effective-.- 7/ 1/2 22- / /2 2 STATE OF PI 0RIDA C II IISSII II'4 FOR rHE "TRANSPORTATIOIN IDIISAIDVAIN rAGIED STANDARD R IN ,,,n II / III `FOR CON rR C 0 CL THIS C NT CT its entered into Ihetween The G UI113 IN E/ E Cli::::N"ril:::iiR INC e Florida 501 c3 not..:for...profit corporation, designated purr uA to Chapter 427, E„S., to serve the transportation disadvantaged for the community that !includes the entire area of 11 01141 OIE County, and here1inafter referred to a the "Coordinator" and MARC IFIOUSIE, Ihereunafter irefeirred to as the "A rncy/01 r tor". "rh e terms and condiitio n oaf-this Contract are effective4MLyj,_202.2 and will continue through June 30,2OZ3. 0 WHEREAS, -the Coordinator is required, sunder Rule 41,...20 11, F.A„C,., when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services-, and WHEREAS, transportation disadvantaged fends includes any local government, state or federall funds that are for tlhe -transportation of transportation disadvantaged; and N WHEREAS, the Coordinator desires to contract with -the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, tlhe Coordinator believes it to Ihe in the public interest to provide such transportation services through tlhe Agency/Operator for the residents of the service area who are c1fiiernt of the Agency/Operator,- and WHEREAS, tlhe Agency/Operator will provide the Coordinator the opportunity to develop a proposal U for any new transportation services needed-, and � WHEREAS, tlhe 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 The provided by the Agency/Operator, In accordance with Chapter 427, F.S., Rule 41,...2, E.A,.C,., and the most current CL Cornrnunity"'lFiranslpoirtatiloin Coordinator policies,. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations Iherein, Z the parties agree as follows: 0 U THE AGENCY/OPERATOR SHALL: Packet Pg. 758 C.22.b 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 C Commission, and according to the instructions for the forms. D. Comply with audit and record keeping requirements by: 0. 1. Utilizing the Commission recognized Chart of Accounts defined in the Transortation Accountin Consortium Model Uniform Accounting S stem for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing E and equivalent accounting systems are not required to adopt the Chart of Accounts in c) 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 N reports as the Coordinator may require during the period of this contract. N 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 U 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: 0 0. 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; U 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. -2- Packet Pg. 759 C.22.b 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 0 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 cu occurrence must be approved by the Coordinator and/or the local Coordinating Board before t 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 E guardian when authorized by law. U V- 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 N (except contracts of insurance or guaranty), property, discounts, or other federal N 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: X 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 c) 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 2 and activities receiving or benefiting from federal financial assistance. Lm 0. 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 U receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. _3 _ Packet Pg. 760 C.22.b 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, 0 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 U 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 N specifically finding the Coordinator solely negligent shall excuse performance of this provision cN 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. X K Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged [Attachment I I ]; 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan U and; 3. Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance 2 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 c) 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 E Corrective Action. -4- Packet Pg. 761 C.22.b 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 It after the date of notification or discovery, or the Coordinator will deduct said amount from 0 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, E demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay cS 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 N materials. The Agency/Operator shall post, in conspicuous places available to employees N 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 N Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. U 0 THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. U B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. -s - Packet Pg. 762 C.22.b C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information contained in the Annual Operating Report must be collected, at a minimum, quarterly from the Agency/Operator. THE OPERATOR AND COORDINATOR FURTHER AGREE: A A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with 0 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 0 Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with the provision of transportation services. n B. If any part or provision of this Contract is held invalid, the remainder of this Contract shall be binding on the parties hereto. E U 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. N 2. Termination due to Lack of Designation - In the event that the Coordinator so N 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 N 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 U receipt requested, or in person, with proof of delivery. Notice shall be effective upon CU receipt. CU 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 2 (24) hours written notice to the Agency/Operator. Notice shall be delivered by certified 22 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, 0 terminate this Contract upon no less than twenty-four(24) hours notice. Notice shall be c) 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 d6® Packet Pg. 763 C.22.b 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. 0 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 CL 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. U 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. M 3000 41 st Street, Ocean N Marathon, FL 33050 With copies of all notices of default, breach, legal claim, demand for indemnity, or damage copied to: WestCare Foundation, Inc. N Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 U 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 33041-04280. U) 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. 0 U This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. -7- Packet Pg. 764 C.22.b 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 cor oration ..M [Agency/Operator Name ] [ Coordinator Name] Diana Flenard Frank C. Rabbito --- — --- ------ ------- __ _._...... ... _...... ............. . .-....................................._.. Typed/Printed Name of Authorized Typed/Printed Name of Authorized Individual Individual Executive Director 7 7/22/2022 COO ---- -------- ------- -..._. ......._.w... Titre w � 'e Title Date E .......... ........................ ............... 74 .................------ -------------------------------------------------------- -------------- Signature Signature Executed pursuant to authority under Resolution WCGCC 2022-02 N Q X M N U 0 CL U) 0 U E -8 - Packet Pg. 765 C.22.b ATTACHMENT AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide (type of service) Transportation services to disabled clients of the Monroe Association for Retarded Citizens 4- 0 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 0 3. Days Agency/Operator will not be able to provide services None E 4. Vehicles Agency/Operator will use to transport all passengers U 2014 Ford Turtle Top- 12p-2wc 2019 Ford Transit Van - 5p-2wc 2009 Pontiac sedan — 4p 2019 Ford MiniBus - 9p 2011 Chevy Cutaway— 7p 3w/c 2019 TransitWorks SmartAccess 350 - 5p-2wc 2004 Chevy Van — 7p 3w/c 2019 Van Terra TurtleTop - 14p 2008 Chevy Uplander— 3p 2w/c 2022 Ford Transit 350 - 6p-lwc N 2010 Ford Van — 8p 2016 Ford Van — 11 p N 2003 Pontiac Vibe — 4p 2006 Nissan Truck -4p 2018 Ford Turtle Top -3p 1w/c 2018 Braun Entervan 3p 1w/c 2019 VanterraTurtle Top 14p 2018 Braun Entervan 3p 1w/c X M 5. Vehicle/Equipment Standards >_ Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way communication devise U 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 41-90and requirements illustrated throughout contract) See attached letter 0 7. Training 0. Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and CU biennial driver physicals, ADA training (see FAC 41-90 andrequirements illustrated throughout contract) c� See attached letter 0 8. Reporting Requirements Quarterly Operating Reports, Annual Review (conducted by CTC) -9- Packet Pg. 766 C.22.b ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements A 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: 0 (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; U (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 M additional charge. Additional requirements may be negotiated for carrying and loading rider N 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. N 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 U 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 0. 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 U instances where the Community Transportation Coordinator is a non-governmental entity; E (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; - 10- Packet Pg. 767 C.22.b (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; 0 (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 0 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; 0 U (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 c" be safe for passengers remaining on the vehicle. Assisted access must be in a dignified N manner. Drivers may not assist wheelchair up or down more than one step, unless it can be U, 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 N not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; U (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; 0 0. (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. U E Packet Pg. 768 C.22.b ATTACHMENT E PUBLIC ENTITY CRIME STATEMENT A "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 0 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 C 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 KAALUTeA � (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 16 months, U e (Signature) Date: _. M c14 c14 c� X M c14 TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) U State of_.. _. .......... _ _.. - County of __ .......__�.. The foregoing instrumen was acknowledged before me, by means of,,, physical presence or ❑ online day of _.._......� (month), E notarization, this y ( ) (year), byCU (name of officer or agent, title of officer or agent) of 0 U) (name of entity), CU Personally Known .mmmmm_mmmITITITITITIT_,m Produced Identification; Type of ID and Number on ID (SEAL) 0 - U =ubFl.rdaate of Florida 06 f otardol'nson 14 " n Name o Notar T ed Stamped or Printed) �M�Q y ( yp i O2 Notary Public, State of Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 769 C.22.b ATTACHMENT F SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 > MONROE COUNTY, FLORIDA 0 ETHICS CLAUSE ° 0 (Company) C "...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, E in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount 0 of any fee, commission, percentage, gift, or consideration paid to the former County officer or U employee." 0 0 (Signature) U E Date: �" _.W ....._� cN 0 c� 0 x M cN TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrumen 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 CL At ._ (name of entity). C0_ ...� Personally Known Produced Identification: Type of ID and Number on ID (SEAL) 0 U �.. ,._ e - Y rf t NatafY Public State of Florida � E taryanrae N Johnson N .. .�_._. try oon�rnN lma Na e o otary (Typed, Stamp or ri ted) � till MN^i�4 7t5 a� Ex , m51 025 t Notary Public, State of .........,,.. au. ... a.,,_ ... ...... Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 770 C.22.b ATTACHMENT G DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 4- 1. Publish a statement notifying employees that the unlawful manufacture, distribution, 0 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. CL 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 t0 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 M who is so convicted. Q CN 6. Make a good faith effort to continue to maintain a drug-free workplace through >_ implementation of this section. As the person authorized to sign the statement, I certify that his firm complies fully with the above requirements. (Signature) CN Date: U TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) CU State of County of The foregoing instrument yvas acknowledged before me, by means of<physical presence or ❑ online CU notarization, this _ IT�day of.-._ �w (month), (year), by 0 CL U) lame of officer or agent, title of officer or agent) of a CU (name of entity). Personally Known _._. Produced Identification: Type of ID and Number on ID , (SEAL) U 1cary f� IhC State of Florida � $ ar annn L Johnson Si u o Notary E r ommiss"son A. l�l 111512026 5t Name pf Not CU cU E ° T ary (Typed, Stamped or Printed) Notary Public, State of ry P Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 771 C.22.b ATTACHMENT H FY2020 Annual Performance Report (For year October 1, 2022—September 30, 2023) Agency Name -- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Point of Contact (POC) ------------------- -----------F---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Phone/Email --------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 0 CL 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 FY2023 Performance (i.e. successes, challenges, etc.): E 0 U E E Questions: Q CN 1. Please list services and client information below for the program/activities funded by the Monroe County award. mi US��M� , ,MM/m/m.Zwz�'rm, J11 ,Milli M� i ,mm I X L, M N c� 2. What were the measurable outcomes (including numbers) accomplished in FY2023? Please base these outcomes on the services you identified in Question#1. LM 0 0. U) 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY2023; and/or 200%; and/or another standard used by your organization? c� 4. Were all the awarded funds used in FY2023? If not, please explain. 0 U 5. What is the number of FTEs working on the program(s) funded by the award in FY2023? E 6. Were the awarded funds used as match in FY2023? If so, please list matching sources. Guidance Care Center—Transportation:Baker Act and CTD FY23 Packet Pg. 772 C.22.b 7. What area of Monroe County did you serve in FY2023? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY2023. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY2023? (Please breakdown between salary and benefits.) 0 11. What is your organization's fiscal year? 0 For the following questions, please use the number as reported on your FY2023 IRS Form 990. If your FY2023 IRS Form 990 is not yet prepared, please provide an estimate for the following questions. E 12. What were your organization's total expenses in FY2023? U 13. What was your organization's total revenue in FY2023? 14. What was the organization's total in grants and contracts for FY2023? E N 15. What was the organization's total donations and in-kind (fundraising) in FY2023? 16. What ercentage of your expenses are program service expenses' versus management and general expenses in FY2023 as reported on your IRS Form 990? X M cN U CU CU 0 CL CU CU c� me l nu al Peftwmnee Report to U*OfantsCmd1natorwr Monroe County U 'Program service expenses are defined as expenses needed to run your programs. c� ZManagement 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 FY23 Packet Pg. 773