Item B05 B5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Budget Meeting Meeting
September 20, 2023
Agenda Item Number: B5
2023-1484
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Oksana Christow
AGENDA ITEM WORDING:
Approval of Agreement with Guidance/Care Center for the Community Transportation for
Disadvantaged (CTD)program in the amount of$28,379, the Innovative Service Development program
in the amount of$10,668 and Baker Act Transportation service program in the amount of$207,450 for
Fiscal Year 2024.
ITEM BACKGROUND:
The County annually provides the required local match for transportation services for the disadvantaged
and Baker Act. The FY2024 required local matches for the Community Transportation for
Disadvantaged program is $28,379 and for the Innovative Service Development services program is
$10,688, and Baker Act Transportation funding request is $207,450.
PREVIOUS RELEVANT BOCC ACTION:
The allocation of funding (required match) for Community Transportation for the Disadvantaged(CTD)
and Baker Act transportation services was approved by the BOCC on September 21, 2022, during the
adoption of the FY2023 Operating Budget for Monroe County. FY2023 Agreement with
Guidance/Care Center for the Community Transportation for Disadvantaged (CTD) and Baker Act
Transportation services was amended by the BOCC on January 18, 2023, by including additional
funding that required local match for Innovative Service Development Program.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Contract m Transportation(Baker, CTD and ISD)FY24.pdf
54
FINANCIAL IMPACT:
09/20/23 001-045903 • GCC BAKER ACT TRNSP $207,450.00
09/20/23 001-01509 • MIDDLE KEYS GUIDANCE CLI $28,379.00
09/20/23 001-01509 • MIDDLE KEYS GUIDANCE CLI $10,668.00
Total: $246,497.00
55
AGREEMENT
This Agreement is made and entered into this 20th day of September 2023, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation,
hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established to provide transportation
services to the citizens of Monroe County, and
WHEREAS, it is a legitimate public purpose to provide transportation services to the residents
of Monroe County, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily performing and providing services, shall reimburse the PROVIDER for providing
transportation services as billed by the PROVIDER for clients qualifying for such services under
applicable state and federal regulations and eligibility determination procedures. The cost shall not
exceed a total reimbursement of TWO HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED NINETY-
SEVEN DOLLARS AND NO/100 ($246,497.00), during the fiscal year 2024, payable as follows:
a) The sum of TWO HUNDRED SEVEN THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO/100
($207,450.00) for Baker Act/Marchman Act transportation services pursuant to Chapter 394,
Florida Statutes; and
b) The sum of TWENTY-EIGHT THOUSAND THREE HUNDRED SEVENTY-NINE DOLLARS AND
NO/100 ($28,379.00), for Community Transportation Coordinator-related transportation services
to residents of Monroe County; and
c) The sum of TEN THOUSAND SIX HUNDRED SIXTY-EIGHT DOLLARS AND NO/100
($10,668.00), for Innovative Service Development services to residents of Monroe County.
2. TERM. This Agreement shall commence on October 1, 2023, and terminate September
30, 2024, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment for Baker Act and Marchman Act transportation services shall be
made according to the rate schedule set forth in Attachment D and in accordance with Attachment A,
as applicable, subject to the maximum amounts set forth in Paragraph 1. a. above. Billing Summary
Forms, certified monthly financial and service load reports will be made available to the Board to
validate the delivery of services under this contract. The monthly financial report is due in the office
of the Clerk of the Board no later than the 15th day of the following month. After the Clerk of the
Board pre-audits the certified report, the Board shall reimburse the Provider for its monthly
expenses. However, the total of said monthly payments in the aggregate sum shall not exceed the
total amount shown in Paragraph 1, above, during the term of this agreement and are subject to
examination, approval, and audit by the Clerk. To preserve client confidentiality required by law,
copies of individual client bills and records shall not be available to the Board for reimbursement
purposes but shall be made available only under controlled conditions to qualified auditors for audit
purposes. The organization's final invoice must be received within thirty days after the termination
date of this contract shown in Paragraph 2 above.
Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the
expenses, with supporting documentation attached. The letter should contain a notarized
Guidance Care Center—Transportation:Baker Act, CTD and ISD FY24
56
certification statement. An example of a reimbursement request cover letter is included as
Attachment B.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or
goods provided by the PROVIDER after the PROVIDER has received written notice of termination,
unless otherwise required by law.
S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds
provided under this agreement, shall become the property of Monroe County and shall be accounted
for pursuant to statutory requirements. Funding under this agreement shall not be used to purchase
capital assets.
RECORDKEEPING
6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of ten
(10) years from the termination of this agreement. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for ten (10) years
following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the PROVIDER, the PROVIDER shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running
from the date the monies were paid by the COUNTY.
Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as well as computer
readable data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); back charge logs and supporting documentation; general ledger entries
detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in County's or
the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document (all foregoing hereinafter referred
to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's
representative and/or agents or the County Clerk. County or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing the
distribution of payroll, verifying payroll computations, overhead computations, observing vendor and
supplier payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors' representatives. All records shall be kept for ten (10) years after Final Completion of
the Project. The County Clerk possesses the independent authority to conduct an audit of Records,
assets, and activities relating to this Project. If any auditor employed by the Monroe County or
County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together with
interest calculated pursuant to Section 55.03, F.S., running form the date, the monies were paid to
Contractor. The right to audit provisions survives the termination of expiration of this Agreement.
In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the
audit shall be prepared by an independent certified public accountant (CPA) with a current license, in
good standing with the Florida State Board of Accountancy.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 57
7. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and PROVIDER in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by PROVIDER. This provision shall
survive any termination or expiration of the contract. The PROVIDER is encouraged to consult with
its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S.
119.0701 and the terms and conditions of this contract, the PROVIDER is required to:
1) Keep and maintain public records that would be required by the County to
perform the service.
2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the PROVIDER does not transfer the records to the County.
4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the PROVIDER or keep and maintain public records
that would be required by the County to perform the service. If the PROVIDER
transfers all public records to the County upon completion of the contract, the
PROVIDER shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
PROVIDER keeps and maintains public records upon completion of the contract,
the PROVIDER shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County, upon
request from the County's custodian of records, in a format that is compatible
with the information technology systems of the County.
5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the PROVIDER of the
request, and the PROVIDER must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the PROVIDER does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the PROVIDER.
A PROVIDER who fails to provide the public records to the County within a reasonable time may be
subject to penalties under section119.10, Florida Statutes.
The PROVIDER shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
S. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items (a)-(j) must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 58
(b) Proof of registration with the Florida Department of Agriculture, as required by Florida Statute
496.405, and the Florida Department of State, as require by Florida Statute 617.01201, or
proof of exemption from registration as per Florida Statute 496.406.
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election
of Officers and Directors/Directors At-Large as applicable;
(e) Unqualified audited financial statements from the most recent fiscal year for all organizations
that expend $150,000 a year or more; if qualified, include a statement of deficiencies with
corrective actions recommended/taken; audit shall be prepared by an independent certified
public accountant (CPA) with a current license, in good standing with the Florida State Board
of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the
County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. The County shall be considered an "intended recipient" of said audit.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(h) Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol-free workplace provisions, and equal employment opportunity provisions;
(i) Specific description or list of services to be provided under this contract with this grant (see
Attachment C);
(j) Annual Performance Report describing services rendered during the most recently completed
grant period (to be furnished within 30 days after the contract end date.) The performance
report shall include statistical information regarding the types and frequencies of services
provided, a profile of clients (including residency) and numbers served, and outcomes
achieved (see Attachment H);
(k) Cooperation with County monitoring visits that the County may request during the contract
year; and
(1) Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
RESPONSIBILITIES
9. SCOPE OF SERVICES. The Provider, for the consideration named, covenants, and agrees
with the Board to substantially and satisfactorily perform and carry out the obligations set forth
herein. The Provider shall provide Baker Act transportation services in compliance with Florida
Statutes Chapter 394. Baker Act and Marchman Act transportation services which are covered
under this agreement may be subcontracted but are subject to the rates set forth in Attachment D,
and the limitations above. The subcontractor shall be subject to all of the conditions of this contract,
including but not limited to insurance and hold-harmless requirements, as is the Provider.
10. ACCESS TO FUELING FACILITIES. The County shall provide access to the Provider's
vehicles at all County fueling facilities. The County shall grant the Provider a license for the use of
the real property and its improvements for each fueling site.
The Provider agrees that only those individuals authorized by the County to use the fueling
sites designated in this agreement shall have twenty-four-hour access to said sites, and that they
shall either be maintained open, or access otherwise provided to them by a uniform key system on
such a twenty-four-hour basis.
The County shall bill the Provider for fueling and other related services and materials utilized
by the Provider at the fueling sites within the County's immediate control and as previously set forth
in this agreement. Said billing by the County to the Provider shall include an administrative
surcharge, as adopted by the Monroe County Board of County Commissioners annually, for
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 59
processing, servicing, and handling. The Provider shall reimburse the County within thirty (30) days
of the date of issuance of the bill.
Access to the Fuel Sentry System shall be provided by an electronic memory key, which shall
be issued by the County to all authorized designated users of the fueling sites, and as contemplated
by this Agreement. For purposes of uniformity, the Monroe County Fleet Management Department
shall be responsible for establishing a uniform electronic key system for use by both the County and
the Provider under this agreement and shall establish and maintain policies and procedures for
identification, control, and distribution of all keys issued.
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and PROVIDER and their respective legal
representatives, successors, and assigns.
13. CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment, or contractual relationship; and disclosure or use of certain
information.
14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the provision, the
PROVIDER agrees that the County shall have the right to terminate this Agreement without liability
and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee, agent, or instrumentality of the
Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or
any of its employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision of such services, including those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 60
18. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The COUNTY and PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in
employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of services shall be accomplished by an amendment, which must be approved
in writing by both parties hereto.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The PROVIDER and County staff shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute
or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this agreement or by
Florida law. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 161" Judicial Circuit, Monroe County, Florida.
21. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and PROVIDER agree to participate, to the extent reasonably required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and PROVIDER specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 61
23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This agreement shall be incorporated by
reference into any assignment and any assignee shall comply with all of the provisions herein.
Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any obligation upon the Board in addition to the total agreed upon reimbursement amount
for the services of the PROVIDER.
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision for
waiver.
25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
26. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims
and causes of action for medical malpractice, medical negligence, bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or
by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other
wrongful act or omission of the PROVIDER'S employees, agents, or volunteers.
28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent to
the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
31. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim
or entitlement to or benefit of any service or program contemplated hereunder, and the County and
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 62
the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular individual
or group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
GENERAL
32. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
33. NOTICE. Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other
party as follows:
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Craig Knierim, Deputy COO
Guidance/Care Center
1205 Fourth Street
Key West, FL 33040
Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied
to:
WestCare Foundation, Inc.
Attn: Executive Vice President
1711 Whitney Mesa Drive
Henderson, Nevada 89014
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
35. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and
performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of
the same conditions or covenants or otherwise.
36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 63
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
38. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of funding that effect the Scope of
Services will be provided to each party.
37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 64
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day
and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY - - -. BY...... .
As Deputy Clerk Mayor/Chairman
Guidance/Care Center, Inc., a Florida
501(c)(3) not-for-profit corporation
(Federal ID No, 59-145832 _._.....................
_m)
Wit s
_....... _ .... BY
... mm. .mm
—� Regional Sr. Vice President
Resolution WCGCC 2023-1
Guidance Care Center—Transportation:Baker Act, CTD,and ISD FY24
65
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community-Based
Organizations, county travelers, and contractual parties who have reimbursable expenses associated
with Monroe County business. These guidelines, as they relate to travel, are from the Monroe
County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered for
reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves the
right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a
Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and paid payroll taxes, check number and check amount. If
a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The log
must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 66
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the number
called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not
acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the
agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the
airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement
requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not
reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to
the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel
expense at the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must
be registered and paid for by traveler. The County will only reimburse the actual room and related
bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport for a
business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS,
AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel
must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch
reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 67
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total X,XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the expenses
are accurate and in agreement with the records of this organization. Furthermore, these expenses
are in compliance with this organization's contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other funding source.
Chief Executive Officer
Attachments (supporting documentation)
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online
notarization, this _day of (month), _ (year), by
(name of officer or agent, title of officer or agent) of
(name of entity).
Personally Known
Produced Identification: Type of ID and Number on ID_
(SEAL)
Signature of Notary
Name of Notary (Typed, Stamped or Printed)
Notary Public, State of
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 68
ATTACHMENT C
Specific description and list of services to be provided under this contract:
Baker Act/Marchman Act transportation services and Community Transportation Coordinator related
services.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 69
ATTACHMENT D
Copy of the Agreements (G2K70 and G21-88 (Innovative Service Development)) between the State
of Florida Commission for the Transportation Disadvantaged and Guidance/Care Center and Sub-
Contracts for transportation services.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 70
ATTACHMENT D (continued)
Contractual Agreements
G21<70 - Guidance/Care Center and
Florida Commission for the Transportation
Disadvantaged (CTD)
Guidance Care Center-Transportation:Baker Act, CTD, and ISD Contract FY24 71
Flaido Commission for the
%1
Transportation
Disadvantaged
Ron DeSantis
Governor July 1, 2023
Phillip W.Stevens, Ph.D.
Chairperson
Maureen Dunleavy, LMHC, Regional Vice President
Christinne Gray Guidance/Care Center, Inc.
Vice Chairperson 1205 Fourth Street
David Darm Key West, FL 33040-3707
Executive Director
Re: 2023-24 Trip/Equipment Grant Agreement (Monroe County)
Dear Ms. Dunleavy:
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.
Thank you for your continued support of the Transportation
Disadvantaged Coordinated System. Please contact me at
(850) 410-5712 if you have any questions concerning this project.
Sincerely,
John Irvine
Area 6 Project Manager
Enclosure: Executed Agreement
605 Suwannee Street,MS-49 w Tallahassee,FL 32399-0450
Phone:(850)410.5700&)Toll Free:(800)983.2435 w Fax:(850)410-5752
www.dot.state.fl.usictd
72
SAMAS Approp. 108846 Fund TDTF FM/Job No(s). 43202718401 43202818401
SAMAS Obj. 751000 Function 683 CSFA No. 55.001
Or , Code 551.20000 52 Contract No. G2 70 Vendor No. 5 -1458324
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into by and between the STATE OF FLORIDA COMMISSION
FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes,
hereinafter called the Commission, and Guidance Care Center Inc. 3000 41st Street Ocean Marathon
Florida 3300, hereinafter called the Grantee.
WITNESSETH:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of an eligible transportation disadvantaged
person's transportation costs, and/or capital equipment purchased for the provision of transportation
services and other responsibilities identified in Chapter 427, Florida Statutes, or rules thereof;
NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
1.00 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 2023-24 Program Manual and
Instructions for the Trip & Equipment Grant as further described in this Agreement and in 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 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
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 to
enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to
Trip&Equipment Grant Agreement 2023/2024 Page 1 of 23
Form Rev. 4/28/2023
Monroe
73
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.
2.30 Submission of Proceedings, Contracts and Other Documents and Products: The
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
termination.
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 2023-24 Program Manual and Instructions for the Trip &
Equipment Grant.
3.00 Total Project Cost: The total estimated cost of the Project is 283,799.1 0. 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 6.00 hereof
after completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including
contingencies, in the Project in the amount of $255,420.00 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 Fiscal Year 2023-24 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
eligibility application for each rider who receives transportation service (trip or bus pass). In
addition, documentation which supports the eligibility determination shall be maintained by the
recipient as part of the rider's eligibility file. Trip and Equipment Grant Funds may also be used
to purchase capital equipment used for the provision of transportation services to the
transportation disadvantaged.
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:
Trip&Equipment Grant Agreement 2023/2024 Page 2 of 23
Form Rev. 4/28/2023
Monroe
74
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Section 14.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged
Trust Funds after the date this Agreement becomes effective, the Grantee must have from the
Commission an executed grant amendment prior to the purchase.
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of Transportation
Disadvantaged Trust Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding and Retainage: Front end funding and retainage are not applicable.
5.00 Project Budget and Disbursement Schedule:
5.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless
it complies with fund participation requirements established in Section 4.00 of this Agreement and
is approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Section 4.00 of this agreement shall not be effective unless approved
in writing by the Commission and the Florida Department of Transportation Comptroller.
5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month of the fiscal year
in accordance with Commission fiscal policy. The schedule may be divided by Project phase where
such division is determined to be appropriate by the Commission. Any deviation from the approved
schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency
and advance approval by the Commission. Reimbursement for the Commission's share of the
project shall not be made for an amount greater than the cumulative total, up to any given month,
Trip&Equipment Grant Agreement 2023/2024 Page 3 of 23
Form Rev. 4/28/2023
Monroe
75
as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly
basis actual costs that may be above or below (+/-) the amount of the monthly allocation
disbursement schedule reflected on Exhibit ''B". At times, this may result in "underbilling" or
"Aoverbilling". 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
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
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 at
the end of five years, the records shall be retained until resolution of the audit findings.
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
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 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
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,
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
amounts insured under Federal plans, or under State plans which have been approved for the
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
Trip&Equipment Grant Agreement 2023/2024 Page 4 of 23
Form Rev. 4/28/2023
Monroe
76
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
6.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing in
proper detail of the charges. The Grantee shall provide upon request, sufficient detailed
documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the
services rendered or costs incurred were those which were agreed upon. The documentation
must be sufficiently detailed to comply with the laws and policies of the Department of Financial
Services.
6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect
to any item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee stating in
proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the
Project shall be clearly identified, readily accessible, within the Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
6.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the Department
of Transportation (Department). The following requirements do not limit the authority of the
Commission or the Department to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any state agency inspector
general, the Auditor General, or any other state official. The Grantee shall comply with all audit
and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on-site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial reports,
following up, ensuring corrective action, and issuing management decisions on weaknesses
found through audits when those findings pertain to state financial assistance awarded
through the Commission by this Agreement. By entering into this Agreement, the Grantee
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Commission and/or the Department. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Commission, the Department, the Chief Financial Officer (CFO) or the
Auditor General.
Trip&Equipment Grant Agreement 2023/2024 Page 5 of 23
Form Rev. 4/28/2023
Monroe
77
b. The Grantee a nonstate entity as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Commission through this Agreement is subject
to the following requirements:
i. In the event the Grantee meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Grantee must have a State single or project-
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit C to this Agreement
indicates state financial assistance awarded through the Commission by this
Agreement needed by the Grantee to further comply with the requirements of
Section 215.97, Florida Statutes. In determining the state financial assistance
expended in a fiscal year, the Grantee shall consider all sources of state financial
assistance, including state financial assistance received from the Commission by
this Agreement, other state agencies and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
ii. In connection with the audit requirements, the Grantee shall ensure that the
audit complies with the requirements of Section 215.97, Florida Statutes. This
includes submission of a financial reporting package as defined by Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Grantee does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, the Grantee is exempt for such
fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Grantee must provide a single audit exemption statement
via email to the Department at FDOTSi ng IeAudit Q5dot.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 the Grantee's resources (i.e.,
the cost of such an audit must be paid from the Grantee's resources obtained
from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to
both:
Florida Department of Transportation State of Florida Auditor General
Office of Comptroller, MS 24 Local Government Audits/342
605 Suwannee Street 111 West Madison Street, Room 401
Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450
Email: FDOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@aud.state.fl.us
Trip&Equipment Grant Agreement 2023/2024 Page 6 of 23
Form Rev. 4/28/2023
Monroe
78
v. Any copies of financial reporting packages, reports or other information required
to be submitted to the Department shall be submitted timely in accordance with
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
vi. The Grantee, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date the reporting package was delivered to the Grantee in
correspondence accompanying the reporting package.
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 deficiencies has been taken pertaining to the state
financial assistance provided through the Commission by this Agreement. If the
Grantee fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Commission and/or the Department may take appropriate
corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit
the Commission, the Department, or its designee, CFS or the Auditor General
access to the Grantee's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, CFO or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, CFO or the Auditor
General upon request for a period of five years from the date the audit report is issued unless
extended in writing by the Commission and/or the Department.
6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the
Commission's authorized representatives to inspect all work, materials, payrolls, records; and to
audit the books, records and accounts pertaining to the financing and development of the Project
at all reasonable times including upon completion of the Project, and without notice.
6.80 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
Trip&Equipment Grant Agreement 2023/2024 Page 7 of 23
Form Rev. 4/28/2023
Monroe
79
6.81 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
$300,000 per occurrence at all times in which Project vehicles or equipment are engaged.
The Grantee shall insure that contracting Transportation Operators also maintain the same
minimum liability insurance, or an equal governmental insurance program.
6.82 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
6.83 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
6.84 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust
Funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged,
FLCTDInvoice ot.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 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
and correct.
7.12 Financial Consequence: Reimbursement payment for transportation services shall not
be provided to the Grantee until trips are provided and documentation supporting such
services has been approved. In addition, payment shall not be provided to the Grantee for
capital until the capital has been received and proof of payment and other back up
documentation as requested is provided to the Commission. The project must be completed
(capital received and approved by the Grantee) no later than June 30, 2024.
7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such invoices in amounts and at times deemed by the Commission to be proper and in
accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on
the Project Account if:
7.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
Trip&Equipment Grant Agreement 2023/2024 Page 8 of 23
Form Rev. 4/28/2023
Monroe
80
7.22 Litigation: There is pending litigation with respect to the performance by the Grantee
of any of its duties or obligations which may jeopardize or adversely affect the Project, the
Agreement, or payments to the Project;
7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
7.24 Conflict of Interests: There has been any violation of the 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
7.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
7.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission
will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs
attributable to goods, equipment, vehicles or services received under a contract or other
arrangements which have not been approved in writing by the Commission or certified by the
Grantee, pursuant to Exhibit "B."
7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in accordance with the Commission's
invoice procedures in detail sufficient for a proper preaudit and postaudit thereof. Failure to
submit to the Commission detailed supporting documentation with the invoice or request for
project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee
until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes,
Rules 41-2 and 69, Florida Administrative Code, and the Fiscal Year 2023-24 Program Manual and
Instructions for the Trip and Equipment Grant is met.
7.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
Trip&Equipment Grant Agreement 2023/2024 Page 9 of 23
Form Rev. 4/28/2023
Monroe
81
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Grantee abandons or, before completion,
finally discontinues the Project; or if, by reason of any of the events or conditions set forth in
Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of
the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the
Commission may, by written notice to the Grantee, suspend any or all of its obligations under this
Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Commission may terminate any or all of its obligations under this
Agreement.
8.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any
final termination or suspension notice under this section, the Grantee shall proceed promptly to
carry out the actions required therein which may include any or all of the following: (1) necessary
action to terminate or suspend, as the case may be, Project activities and contracts and such
other action as may be required or desirable to keep to the minimum the costs upon the basis of
which the financing is to be computed; (2) furnish a statement of the project activities and
contracts, and other undertakings the cost of which are otherwise includable as Project costs; and
(3) remit to the Commission such portion of the financing and any advance payment previously
received as is determined by the Commission to be due under the provisions of the Agreement.
The termination or suspension shall be carried out in conformity with the latest schedule, plan,
and budget as approved by the Commission or upon the basis of terms and conditions imposed
by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget
within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a
waiver of any claim which the Commission may otherwise have arising out of this Agreement.
8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(850) 410-5700
CTDOmbudsman dot.state.fl.us
605 Suwannee Street, MS 49
Tallahassee, Florida 32399
The Grantee shall keep and maintain public records required by the Commission to perform the
service of this agreement.
Upon request from the Commission's custodian of public records, provide the Commission with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Trip&Equipment Grant Agreement 2023/2024 Page 10 of 23
Form Rev. 4/28/2023
Monroe
82
agreement term and following completion of the agreement if the Grantee does not transfer the
records to the Commission.
Upon completion of the agreement, transfer, at no cost, to the Commission all public records in
possession of the Grantee or keep and maintain public records required by the Commission to
perform the service. If the Grantee transfers all public records to the Commission upon completion
of the contract, the Grantee shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Grantee keeps and
maintains public records upon completion of the contract, the Grantee shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a format that is
compatible with the information technology systems of the Commission.
Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for
immediate unilateral cancellation of this Agreement by the Commission.
9.00 Remission of Project Account Upon Completion of Project: Upon completion and after
financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project
costs payable from the Project Account is made, the Grantee shall remit to the Commission its share
of any unexpended balance in the Project Account.
10.00 Contracts of the Grantee:
10.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, with any third
party with respect to the Project without being able to provide, upon request, a written certification
by the Grantee that the contract or obligation was executed in accordance with the competitive
procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and
the rules promulgated by the Department of Management Services. Failure to provide such
certification, upon the Commission's request, shall be sufficient cause for nonpayment by the
Commission as provided in Section 8.20. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contracts will be executed in compliance
with this section.
10.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this
law to the Commission for each consultant contract it enters.
10.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
Trip&Equipment Grant Agreement 2023/2024 Page 11 of 23
Form Rev. 4/28/2023
Monroe
83
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
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, disability, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all
its contracts in connection with the development of operation of the Project, except contracts for
the standard commercial supplies or raw materials, and shall require all such contractors to insert
a similar provision in all subcontracts, except subcontracts for standard commercial supplies or
raw materials. The Grantee shall post, in conspicuous places available to employees and
applicants for employment for Project work, notices setting forth the provisions of the non-
discrimination clause.
11.20 Title VI - Civil Rights Act of 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.
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,
shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for
the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
11.32 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
to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
11.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit
or accept funds from any person who has, maintains, or seeks business relations with the
Grantee.
11.34 Former Employees - Contractual Services: Unless authorized in writing by the
Commission, no employee of the Grantee shall, within 1 year after retirement or termination,
Trip&Equipment Grant Agreement 2023/2024 Page 12 of 23
Form Rev. 4/28/2023
Monroe
84
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
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. 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:
"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
thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
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
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 Disabilities
Act, as amended, as it may be amended from time to time.
11.50 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. 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; 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
is incorporated by reference into this Agreement.
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
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.
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
Trip&Equipment Grant Agreement 2023/2024 Page 13 of 23
Form Rev. 4/28/2023
Monroe
85
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
1. all new persons employed by the grantee during the term of the grant agreement to perform
employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant
to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
Refer to the U.S. Department of Homeland Security's website at www.dh ..gov to learn more about
E-Verify.
12.00 Miscellaneous Provisions:
12.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
12.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and the remainder of this Agreement
shall not be affected. In such an instance, the remainder would then continue to conform to the
terms and requirements of applicable law.
12.50 Bonus and Commissions: By execution of the Agreement, the Grantee represents that
it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its financing hereunder.
Trip&Equipment Grant Agreement 2023/2024 Page 14 of 23
Form Rev. 4/28/2023
Monroe
86
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
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 possible with
the Project.
12.70 Venue: This agreement shall be governed by and construed in accordance with the law
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.
12.80 Purchased Vehicles or Equipment:
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
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
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
responsibility of project vehicles and equipment to third-persons.
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
established under the provisions of Rule 41-2, Florida Administrative Code, to serve the
transportation needs of the transportation disadvantaged of the area. Purchased Project
equipment and vehicles shall be operated to their maximum possible efficiency. Purchased
vehicles and equipment will be used for the period of their useful lives in accordance with the
most current Commission policies. The Commission may, after consultation with the Grantee,
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.
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
items by sale has occurred. The Commission shall make the sole determination of the
Grantee's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be
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
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
Trip&Equipment Grant Agreement 2023/2024 Page 15 of 23
Form Rev. 4/28/2023
Monroe
87
a) When the Grantee is still under contract with the Commission and the capital equipment
still has useful life, the Grantee must request written approval from the Commission prior
to disposing of any equipment purchased or financed in whole or in part pursuant to this
Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the
sale of purchased project equipment and vehicles shall be documented in the project file(s)
by the Grantee. With the approval of the Commission, these proceeds may be re-invested
for any purpose which expands transportation disadvantaged services to those who are
transportation disadvantaged. If the Grantee does not elect to re-invest for purposes
which expand transportation disadvantaged services, the gross proceeds from sale shall
be refunded to the Commission in the same participation percentage ratios as were used
to fund the original purchase.
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this
Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for
the Transportation Disadvantaged in accordance with State regulations and statutes. Title
to any vehicle purchased with Project funds shall be in the name of the Grantee, subject
to lien in favor of the Commission. The Commission will relinquish all interest in the
vehicles and equipment when it has reached the end of its useful life at which time the
Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and
no longer a Commission approved Community Transportation Coordinator, the capital
equipment with useful life purchased with these grant funds must be transferred to an
eligible recipient in accordance with the Commission's Capital Equipment Procedure.
12.84 Equivalency of Service: In the event that this agreement involves the purchasing of vehicles,
upon the Commission's request, the Grantee shall submit to the Commission, certification that such
equipment meets or exceeds equivalency of service requirements in accordance with the Commission's
Capital Equipment Procedures. Failure to abide by this requirement shall be sufficient cause for
nonpayment by the Commission as provided in Section 8.20.
13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create
in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. The Grantee guarantees 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
indemnify, and hold harmless the Commission, including the Commission's officers and employees,
from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to
the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and
persons employed or utilized by the Grantee in the performance of this Agreement. This
indemnification shall survive the termination of this agreement. Nothing contained in this paragraph
Trip&Equipment Grant Agreement 2023/2024 Page 16 of 23
Form Rev. 4/28/2023
Monroe
88
is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign
immunity. Additionally, the Grantee agrees to include the following indemnification in all contracts with
contractors/subcontractors and consultants/subconsultants who perform work in connection with this
agreement.
"To the fullest extent permitted by law, the Grantee's contractor/consultant shall indemnify,
and hold harmless the Commission for the Transportation Disadvantaged, including the
Commission's officers and employees, from liabilities, damages, losses, and costs, including
but not limited to, reasonable attorney's fees, to the extent caused by negligence,
recklessness, or intentional wrongful misconduct of the Contractor/consultant and persons
employed or utilized by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this agreement. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
Grantee's sovereign immunity."
14.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Legislature. If applicable, the Grantee's
performance of its obligations under this Agreement is subject to an appropriation by the Grantee's
Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges
where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance
with the Grantee's purchasing ordinance(s), laws, rules and regulations.
15.00 Period of Agreement: The Grantee agrees to begin providing services on Jul 1 202 _and
to complete the Project on or before June 30 2024.. 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 may have been received as provided in the project
description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices
must be received by the Commission no later than August 15, 2024.
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 any gender shall extend to and include all genders.
17.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of
two counterparts, each of which so executed shall be deemed to be an original, and such counterparts
together shall constitute one in the same instrument.
18.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the Grantee)
providing goods and services to the Commission will receive payments in accordance with Section
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
hereby agree that the time in which the Commission is required to approve and inspect goods and
services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice.
The Florida Department of Transportation has twenty (20) days to deliver a request for payment
Trip&Equipment Grant Agreement 2023/2024 Page 17 of 23
Form Rev. 4/28/2023
Monroe
89
(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.
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
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 provided
to the Commission.
A Vendor Ombudsman has been established within the Department of Management Services. The
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
(850) 413-5516.
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
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:
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
subcontractor and supplier at the time of receipt of the payment. If the contractor receives
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
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 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
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
or the Department of Legal Affairs when it provides legal assistance 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.
20.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by both parties.
Trip&Equipment Grant Agreement 2023/2024 Page 18 of 23
Form Rev. 4/28/2023
Monroe
90
_FM/JOB Nos . 43202718401/43202818401
CONTRACT NO. G2K70
AGREEMENT DATE: Jul _ 12023
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this agreement as of the
date set forth below:
GRANTEE: GUIDANCE/CARE CENTER, INC. COMMISSION FOR THE TRANSPORTATION
a FL 501c3 not-for-profit corporation DISADVANTAGED
BY: BY:
Frank Rabbito
TITLE: CQQ TITLE: Executive Director iCoraamissio Designee!)
DATE: DATE: 7 -� I_X
Resolutio WC'GC 03-01.
Trip&Equipment Grant Agreement 2023/2024 Page 19 of 23
Form Rev. 4/28/2023
Monroe
91
FM/JOB No(s)............................... 43202718401/43202818401
CONTRACT NO. G2K'70 ....................—AGREEMENT DATE: Jul 1, 2023
..............................
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission
for the Transportation Disadvantaged and Guidance/Care Center, Inc, 3000 41st Street Ocean
Marathgn, Florida 33050.
I. PROJECT LOCATION: Monroe County(iies)
II. PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that
transportation can be provided to eligible transportation disadvantaged individuals in accordance
with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current
Commission policies and the Fiscal Year 2023-24 Program Manual and Instructions for the Trip &
Equipment. Services shall be provided and equipment, including vehicles, will be utilized through
a coordinated transportation system which has a Memorandum of Agreement in effect, as set
forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be
purchased at the fares indicated in Exhibit 13, Page 2 of 2 attached to and made a part of this
agreement. There shall be an approved eligibility application for each rider who receives
transportation service (trip or bus pass). In addition, documentation which supports the eligibility
determination shall be maintained by the recipient as part of the rider's eligibility file. Capital
equipment will consist of: None.
111. 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 Funds. The backup documentation shall support the Trip Summary Data
Report that is submitted as part of the Grantee's invoice for reimbursement.
Capital Equipment— In accordance with the Commission's invoice procedures, an invoice from the
equipment vendor, a record of payment by the Grantee shall be submitted as part of the Grantee's
invoice for reimbursement. For vehicles purchases, a copy of the Application for Title reflecting
the Commission as first Lien Holder is also required.
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 Transportation's
Guidelines for Acquiring Vehicles or criteria set forth by any other federal, state, or local
government agency.
V. SPECIAL CONSIDERATIONS BY COMMISSION: Not applicable.
Trip 8L Equipment Grant Agreement 2023/2024 Page 20 of 23
Form Rev. 4/28/2023
Monroe
92
FM/JOB No(s). 43202718401/43202818401
.CONTRACT NO G2K70
............... _.....
AGREEMENT DATE July 1, 2023
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission
for the Transportation Disadvantaged and Guidance Care Center Inc. 3;000 41st Street Ocean
Marathon Florida 33050.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible costs as indicated by Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2023-24
Program Manual and Instructions for the Trip & Equipment Grant. Trips shall be purchased at the fares
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"
or"overbilling". Any excess(underbilled)funds maybe recaptured on a monthly invoice that does not exceed
the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining
on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds
must be repaid to the Commission upon project completion. Reimbursement payment for transportation
services shall not be provided to the Grantee until documentation supporting such services has been
approved. In addition, payment shall not be provided to the Grantee for capital until the capital has been
received and proof of payment and other back up documentation, as requested, is provided to the
Commission. The project must be completed (capital received and approved by the Grantee) no later than
June 30, 2024. Grantee will make every effort to submit invoices within thirty (30) days after the month of
service provision.
TD Trust Fund Trips $ 283,792.00 43202718401
Voluntary Dollars 7.00 43202818401
TOTAL $ 283,799.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $255,413.00
Local Cash Match (10%) $28,379.00
Voluntary Dollar Contributions $ 7.00
Monetary Value of In-Kind Match for Voluntary Dollar Contributions $ 0.00
Total Project Cost $283,799.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS $
FY 23 24 Jul AugShe Oct Nov Dec Jan Feb Mar Apr Ma Jun
Trips $21,296 $21,284 $21,284 $21,284 $21,284 $21,284 $21,284 $21,284 $21,284 $21,284 $21,284 $21,284
Capital 0
Trip&Equipment Grant Agreement 2023/2024 Page 21 of 23
Form Rev. 4/28/2023
Monroe
93
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Gu ai a Caunr Center Inc..
EFFECTIVE DATE: July 1 202
.........................................................------- _ .......
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile,Trip, or Pass) $
Ambulatory Mile $ 3.50
.....-------------__
Wheelchair Mile $ 6.00
............................... ........_ . . _...........
Group (per passenger) Mile $ 1.69
Bus Pass - Weekly Pass $ 5.00
Bus Pass - Monthly Pass $ 15.00
Key West (One Way)Bus Pass Pass $ 1.00
Lower Keys (One Way)Shuttle Pass $ 2.00
Lower Keys Shuttle - Weekly Pass $ 15.00
Lower Keys Shuttle-Monthly Pass $ 45.00
_..........
�._._. ..W.......
CERTIFICATION (To Be Completed By Commission Staff):
I certify that the cost for each line item budget category has been evaluated and determined to be
allowable, reasonable, and necessary as required by section 216.3475, F.S. Documentation is on file evidencing the methodology used
and the conclusions reached.
......
Name: John Irvine Signature:
Title: Project Manager Date: ka
7�l 23
Trip&Equipment Grant Agreement 2023/2024 Page 22 of 23
Form Rev. 4/28/2023
Monroe
94
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. G21<70
AGREEMENT DATE: July 1 2023
EXHIBIT"C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT'TO THIS A REEM.ENT CONSIST OF THE
FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
AwardingAgency: Commission for the Transportation Disadvantaged/Florida Department
9 �' of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $255,420.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at:
https://apps.fldfs.com/fsaa/""`searchCatalog.aspx,
COMPLIANCE E I EMENTS APPLICABLE TO STA E OURCES AWARDED PURSUANT T
THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
httos-//apps.fldfs.comLLsaalsearchCompliance.952x
The State Projects Compliance Supplement is provided at: https://apr)s.fldfs.comLLsaa/com liance.asp
Trip&Equipment Grant Agreement 2023/2024 Page 23 of 23
Form Rev. 4/28/2023
Monroe
95
ATTACHMENT D (continued)
Contractual Agreements
G21-88 - Guidance/Care Center and
Florida Commission for the Transportation
Disadvantaged Innovative Service
Development (ISD)
Guidance Care Center-Transportation:Baker Act, CTD, and ISD Contract FY24 96
SAMAS Approp. 108846 Fund TDTF FM/Job No(s). 45082228401
SAMAS Obj. 751000 Function 683 CSFA No. 55.045
Or . Code 55120000952 Contract No. G2L88 Vendor No. 59-1458324
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
INNOVATIVE SERVICE DEVELOPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into by and between the STATE OF FLORIDA COMMISSION
FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes,
hereinafter called the Commission and Guidance Care Center .Inc , 3000 4,1st Street Ocean, Marathon
Florida. 33050r. hereinafter called the Grantee.
WITNESSETH:
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 in accordance with Chapter 427, Florida Statutes 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 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:
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 Administrative
Code, Commission policies, the Fiscal Year 2023-24 Program Manual and Application for the Innovative
Service Development Grant as further described in this Agreement and in 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.
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 2023/2024 Page 1 of 22
Form Rev. 6/20/2023
Monroe
97
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 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 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.
2.30 Submission of Proceedings,. Contracts and Other Documents and Products: The
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
termination.
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,
and the Fiscal Year 2023-24 Program Manual and Application for the Innovative Service
Development Grant.
3.00 Total Project Cost: The total estimated cost of the Project is $106 675.00. 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 6.00 hereof
after completion of the project.
4.00 Commission Participation: The Commission agrees to a maximum participation, including
contingencies, in the Project in the amount of $96 Q�07.00 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 Manual, 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 approval process and have access an approved to a written eligibility application
for each rider who receives transportation service (trip or bus pass). In addition, documentation
which supports the eligibility determination shall be maintained by the recipient as part of the
rider's eligibility file.
Innovative Service Development Grant Agreement 2023/2024 Page 2 of 22
Form Rev. 6/20/2023
Monroe
98
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;
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.
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 are not applicable.
5.00 Project Budget and Disbursement Schedule:
5.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless
it complies with fund participation requirements established in Section 4.00 of this Agreement and
is approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Section 4.00 of this agreement shall not be effective unless approved
in writing by the Commission and the Florida Department of Transportation Comptroller.
5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month of the fiscal year
in accordance with Commission fiscal policy. The schedule may be divided by Project phase where
such division is determined to be appropriate by the Commission. Any deviation from the approved
schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency
and advance approval by the Commission. Reimbursement for the Commission's share of the
project shall not be made for an amount greater than the cumulative total, up to any given month,
as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly
basis actual costs that may be above or below (+/-) the amount of the monthly allocation
disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling" or
"overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does
not exceed the cumulative total of funds disbursed to date with supporting documentation. No
Innovative Service Development Grant Agreement 2023/2024 Page 3 of 22
Form Rev. 6/20/2023
Monroe
99
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
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
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 at
the end of five years, the records shall be retained until resolution of the audit findings.
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
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 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
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,
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
amounts insured under Federal plans, or under State plans which have been approved for the
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 2023/2024 Page 4 of 22
Form Rev. 6/20/2023
Monroe
100
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 agreed upon. The documentation must be sufficiently
detailed to comply with the laws and policies of the Department of Financial Services.
6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect
to any item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee stating in
proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the
Project shall be clearly identified, readily accessible, within the Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
6.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the Department
of Transportation (Department). The following requirements do not limit the authority of the
Commission or the Department to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any state agency inspector
general, the Auditor General, or any other state official. The Grantee shall comply with all audit
and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on-site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial reports,
following up, ensuring corrective action, and issuing management decisions on weaknesses
found through audits when those findings pertain to state financial assistance awarded
through the Commission by this Agreement. By entering into this Agreement, the Grantee
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Commission and/or the Department. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Commission, the Department, the Chief Financial Officer (CFO) or the
Auditor General.
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:
Innovative Service Development Grant Agreement 2023/2024 Page 5 of 22
Form Rev. 6/20/2023
Monroe
101
i. In the event the Grantee meets the audit threshold requirements established by Section
215.97, Florida Statutes, the Grantee must have a State single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. Exhibit C to this Agreement indicates state financial assistance awarded
through the Commission by this Agreement needed by the Grantee to further comply
with the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Grantee shall consider all sources of
state financial assistance, including state financial assistance received from the
Commission by this Agreement, other state agencies and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and
resources received by a nonstate entity for Federal program matching requirements.
ii. In connection with the audit requirements, the Grantee shall ensure that the audit
complies with the requirements of Section 215.97, Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General.
iii. In the event the Grantee does not meet the audit threshold requirements established by
Section 215.97, Florida Statutes, the Grantee is exempt for such fiscal year from the
state single audit requirements of Section 215.97, Florida Statutes. However, the
Grantee must provide a single audit exemption statement via email to the Department
at FDOTSin i..g,eAudt@.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 the Grantee's
resources (i.e., the cost of such an audit must be paid from the Grantee's resources
obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General, copies of financial reporting
packages required by this Agreement shall be submitted to both:
Florida Department of Transportation State of Florida Auditor General
Office of Comptroller, MS 24 Local Government Audits/342
605 Suwannee Street 111 West Madison Street, Room 401
Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450
Email: FDOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@aud.state.fl.us
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.
Innovative Service Development Grant Agreement 2023/2024 Page 6 of 22
Form Rev. 6/20/2023
Monroe
102
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.
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
deficiencies has been taken pertaining to the state financial assistance provided through
the Commission by this Agreement. If the Grantee fails to have an audit conducted
consistent with Section 215.97, Florida Statutes, the Commission and/or the Department
may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit the
Commission, the Department, or its designee, CFO or the Auditor General access to the
Grantee's records including financial statements, the independent auditor's working
papers and project records as necessary. Records related to unresolved audit findings,
appeals or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, CFO or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, CFO or the Auditor
General upon request for a period of five years from the date the audit report is issued unless
extended in writing by the Commission and/or the Department.
6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the
Commission's authorized representatives to inspect all work, materials, payrolls, records; and to
audit the books, records and accounts pertaining to the financing and development of the Project
at all reasonable times including upon completion of the Project, and without notice.
6.80 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
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 ensure that contracted Transportation Operators also maintain the same
minimum liability insurance.
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.
Innovative Service Development Grant Agreement 2023/2024 Page 7 of 22
Form Rev. 6/20/2023
Monroe
103
6.83 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
6.84 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust
Funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged,
FLCTDinvoice @dot.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 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
and correct.
7.12 Financial Consequence: Reimbursement payment for transportation services shall not
be provided to the Grantee until trips are provided and documentation supporting such
services has been approved. The project must be completed no later than June 30, 2024.
7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such invoices in amounts and at times deemed by the Commission to be proper and in
accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on
the Project Account if:
7.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
7.22 Litigation: There is pending litigation with respect to the performance by the Grantee
of any of its duties or obligations which may jeopardize or adversely affect the Project, the
Agreement, or payments to the Project;
7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
7.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
Innovative Service Development Grant Agreement 2023/2024 Page 8 of 22
Form Rev. 6/20/2023
Monroe
104
7.25 Default: The Grantee has been determined by the Commission to be in default under
any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
7.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
7.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission
will exclude all costs incurred by the Grantee prior to the 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
7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in accordance with the Commission's
invoice procedures in detail sufficient for a proper preaudit and postaudit thereof. Failure to
submit to the Commission detailed supporting documentation with the invoice or request for
project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee
until the Commission is satisfied with such documentation.
7.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Grantee abandons or, before completion,
finally discontinues the Project; or if, by reason of any of the events or conditions set forth in
Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of
the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the
Commission may, by written notice to the Grantee, suspend any or all of its obligations under this
Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Commission may terminate any or all of its obligations under this
Agreement.
8.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any
final termination or suspension notice under this section, the Grantee shall proceed promptly to
carry out the actions required therein which may include any or all of the following: (1) necessary
action to terminate or suspend, as the case may be, Project activities and contracts and such
other action as may be required or desirable to keep to the minimum the costs upon the basis of
which the financing is to be computed; (2) furnish a statement of the project activities and
contracts, and other undertakings the cost of which are otherwise includable as Project costs; and
(3) remit to the Commission such portion of the financing and any advance payment previously
Innovative Service Development Grant Agreement 2023/2024 Page 9 of 22
Form Rev. 6/20/2023
Monroe
105
received as is determined by the Commission to be due under the provisions of the Agreement.
The termination or suspension shall be carried out in conformity with the latest schedule, plan,
and budget as approved by the Commission or upon the basis of terms and conditions imposed
by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget
within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a
waiver of any claim which the Commission may otherwise have arising out of this Agreement.
8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(850) 410-5700
CTDOmbudsman dot state.fl.us
605 Suwannee Street, MS 49
Tallahassee, Florida 32399
The Grantee shall keep and maintain public records required by the Commission to perform the
service of this agreement.
Upon request from the Commission's custodian of public records, provide the Commission with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
agreement term and following completion of the agreement if the Grantee does not transfer the
records to the Commission.
Upon completion of the agreement, transfer, at no cost, to the Commission all public records in
possession of the Grantee or keep and maintain public records required by the Commission to
perform the service. If the Grantee transfers all public records to the Commission upon completion
of the contract, the Grantee shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Grantee keeps and
maintains public records upon completion of the contract, the Grantee shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a format that is
compatible with the information technology systems of the Commission.
Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for
immediate unilateral cancellation of this Agreement by the Commission.
9.00 Remission of Project Account Upon Completion of Project: Upon completion and after
financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project
costs payable from the Project Account is made, the Grantee shall remit to the Commission its share
of any unexpended balance in the Project Account.
Innovative Service Development Grant Agreement 2023/2024 Page 10 of 22
Form Rev. 6/20/2023
Monroe
106
10:00 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.
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
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, disability, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all
its contracts in connection with the development of operation of the Project, except contracts for
the standard commercial supplies or raw materials, and shall require all such contractors to insert
a similar provision in all subcontracts, except subcontracts for standard commercial supplies or
raw materials. The Grantee shall post, in conspicuous places available to employees and
applicants for employment for Project work, notices setting forth the provisions of the non-
discrimination clause.
11.20 Title VI - Civil Rights Act of 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.
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,
shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for
the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
11.32 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
to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
Innovative Service Development Grant Agreement 2023/2024 Page 11 of 22
Form Rev. 6/20/2023
Monroe
107
11.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit
or accept funds from any person who has, maintains, or seeks business relations with the
Grantee.
11.34 Former Employees - Contractual Services: Unless authorized in writing by the
Commission, no employee of the Grantee shall, within 1 year after retirement or termination,
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
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. 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:
"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
thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
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
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 Disabilities
Act, as amended, as it may be amended from time to time.
11.50 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. 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; 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
is incorporated by reference into this Agreement.
Innovative Service Development Grant Agreement 2023/2024 Page 12 of 22
Form Rev. 6/20/2023
Monroe
108
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
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.
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
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
1. all new persons employed by the grantee during the term of the grant agreement to perform
employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant
to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
Refer to the U.S. Department of Homeland Security's website at www.,dhs.gov to learn more about
E-Verify.
12.00 Miscellaneous Provisions:
12.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
Innovative Service Development Grant Agreement 2023/2024 Page 13 of 22
Form Rev. 6/20/2023
Monroe
109
12.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and the remainder of this Agreement
shall not be affected. In such an instance, the remainder would then continue to conform to the
terms and requirements of applicable law.
12.50 Bonus and Commissions: By execution of the Agreement, the Grantee represents that
it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its financing hereunder.
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
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 possible with
the Project.
12.70 Venue: This agreement shall be governed by and construed in accordance with the laws
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.
13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create
in the public or any member thereof, a third-parry beneficiary under this Agreement, or to authorize
anyone not a parry to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. The Grantee guarantees 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
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 attorneys fees, to
the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and
persons employed or utilized by the Grantee in the performance of this Agreement. This
indemnification shall survive the termination of this agreement. Nothing contained in this paragraph
is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign
immunity. Additionally, the Grantee agrees to include the following indemnification in all contracts with
contractors/subcontractors and consultants/subconsultants who perform work in connection with this
agreement.
"To the fullest extent permitted by law, the Grantee's contractor/consultant shall indemnify,
and hold harmless the Commission for the Transportation Disadvantaged, including the
Commission's officers and employees, from liabilities, damages, losses, and costs, including
but not limited to, reasonable attorney's fees, to the extent caused by negligence,
recklessness, or intentional wrongful misconduct of the Contractor/consultant and persons
employed or utilized by the contractor/consultant in the performance of this Agreement.
Innovative Service Development Grant Agreement 2023/2024 Page 14 of 22
Form Rev. 6/20/2023
Monroe
110
This indemnification shall survive the termination of this agreement. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
Grantee's sovereign immunity."
14.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Legislature. If applicable, the Grantee's
performance of its obligations under this Agreement is subject to an appropriation by the Grantee's
Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges
where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance
with the Grantee's purchasing ordinance(s), laws, rules and regulations.
15.00 Period of Agreement: The Grantee agrees to begin providing services on July_1. 2023�,�and
to complete the Project on or before June 30_ . 2024. 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 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, 2024.
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 any gender shall extend to and include all genders.
17.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of
two counterparts, each of which so executed shall be deemed to be an original, and such counterparts
together shall constitute one in the same instrument.
18.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the Grantee)
providing goods and services to the Commission will receive payments in accordance with Section
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
hereby agree that the time in which the Commission is required to approve and inspect goods and
services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice.
The Florida Department of Transportation has twenty (20) days to deliver a request for payment
(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.
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
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 provided
to the Commission.
Innovative Service Development Grant Agreement 2023/2024 Page 15 of 22
Form Rev. 6/20/2023
Monroe
111
A Vendor Ombudsman has been established within the Department of Management Services. The
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
(850) 413-5516.
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
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:
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
subcontractor and supplier at the time of receipt of the payment. If the contractor receives
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
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 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
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
or the Department of Legal Affairs when it provides legal assistance 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.
20.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by both parties.
Innovative Service Development Grant Agreement 2023/2024 Page 16 of 22
Form Rev. 6/20/2023
Monroe
112
FMJJOB No ...__ mm45082228401
CONTRACT NO. G2L88
. a ....m DATE: Jul 1�_...e..-
AGREEMENT DT_ 2023
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this agreement as of the
date set forth below:
GRANTEE: GUIDANCE CARE/CENTER, INC. COMMISSION FOR THE TRANSPORTATION
a FL 501c3 not-for-profit corporation DISADVANTAGED
t
BY. 4 BY.. X
Frank Rabbi
TITLE: COO TITLE: Executive Director jComffl i sion Desi nee
DATE: CC 20 DATE:
`7-.��fZpz3
R o ti W G23-01
Innovative Service Development Grant Agreement 2023/2024 Page 17 of 22
Form Rev. 6/20/2023
Monroe
113
FM/JOB No(s .µ 45082228401
CONTRACT NO. G2L88
AGREEMENT
E Jul
NT DATE: . �W2023
..
EXHIBIT "A"
PR03ECT DESCRIPTION AND RESPONSIBILITIES
INNOVATIVE SERVICE DEVELOPMENT GRANT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission
for the Transportation Disadvantaged and Guidance.....Care Center,_ Inca, 3000 41st Street Ocean.,,
MarathonFlorda 3�3050.
PROJECT LOCATION: Monroe County(ies)
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.
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.
RIDER ELIGIBILITY: The Grantee will utilize its current Transportation Disadvantaged Rider
eligibility application process to determine rider qualifications.
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
Funds. The backup documentation shall support the Trip Summary Data Report that is submitted as
part of the Grantee's invoice for reimbursement.
PR03ECT 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:
1. Provide 170 trips during the grant period.
2. Provide transportation to 45 transportation disadvantaged eligible individuals during the grant
period.
Innovative Service Development Grant Agreement 2023/2024 Page 18 of 22
Form Rev. 6/20/2023
Monroe
114
3. 90% of the unduplicated passenger head count should provide a favorable evaluation of the
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.
c. Reliability of on-time pick-ups.
d. Reliability of service.
SPECIAL CONSIDERATIONS BY GRANTEE:
None
SPECIAL CONSIDERATIONS BY COMMISSION:
None
Innovative Service Development Grant Agreement 2023/2024 Page 19 of 22
Form Rev. 6/20/2023
Monroe
115
-'fM/L0P11NqLS1--- 45082228401_,
CONTRACT NO. G21-88
AGREEMENT DATE: Jul 1, 2023
........................... ---------...........
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission
for the Transportation Disadvantaged and Gui_dancq ��are&—e_nternj; 3000 4Vt, Street Ocean,n 13
Marathon, Florida, 050.
— -
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible costs as indicated by Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2023-24
Program Manual and Instructions 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"underbil ling"
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 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, 2024.
TD Trust Fund Trips $ 106,675.00 -- 45082228401
TOTAL $ 106,675.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $96,007.00
Local Cash Match (10%) J10.,668.00
Total Project Cost $106,675.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS $
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 2023L24 8,007 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000
Innovative Service Development Grant Agreement 2023/2024 Page 20 of 22
Form Rev. 6/20/2023
Monroe
116
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Gui ance Care Center Inc.
EFFECTIVE DATE: July. 1 202
TYPE OF SERVICE TO BE r Mile Trip, or Pass) COST ���P IT
_ _ — __
. �� � PER. ..... . � ER UN
PROVIDED (Passenge p $
Ambulatory/Wheelchair Mile $ 6.25
.. ....
........... ...... _......... ... — .. �._.... ,�—.�... .. ._.. ._ �_.. ..�,,,.
............n,
CERTIFICATION (To Be Completed By Commission Staff):
I certify that the cost for each line item budget category has been evaluated and determined to be
allowable, reasonable, and necessary as required by section 216.3475, F.S. Documentation is on file evidencing the methodology used
and the conclusions reached.
Name. Sheri.... . _.. ...... .w....��. .�... �. . �.�m..�
�_ m.. .
Powers
Signat
ure:
�
Title: Project Manager...�e �. ..m_�. �,.....—_�..... e�. Date:
Innovative Service Development Grant Agreement 2023/2024 Page 21 of 22
Form Rev. 6/20/2023
Monroe
117
FM/JOB Notes 45082228401
_CONTRACT NO. G21_88
AGREEMENT DATE: -July 11 2023
................
EXHIBIT"C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PUR UANT TO THIS AGREEMENT CONSIST OF THE
FOLLO—WING',
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department
of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD)
Innovative Service Development Grant
CSFA Number: 55.045
*Award Amount: $96,007.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.045 is provided at:
https://aDo�s.fldfs.com f�,/5e,?�rchCa! Io_q.agjpx
COMPLIANCE REOUIREME14TS APPLICABLE TO STATE;TATE_RESQU RESOU_KES AWARDED PURSUANT TO
THI$ AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.045 are provided at:
b_tt_P_s_:1La wal Ldfs_-co mifs—aaLse—a i(;h_Q_0mf,I_ar!Q_e_.a_sP_x
The State Projects Compliance Supplement is provided at: httsJAM5.fldfs.comlfsaalcomD!iaril;g.aspx
Innovative Service Development Grant Agreement 2023/2024 Page 22 of 22
Form Rev. 6/20/2023
Monroe
118
ATTACHMENT D (continued)
Contractual Agreements
Coordination/Operator Contract -
Guidance/Care Center and MARC House
Guidance Care Center-Transportation:Baker Act, CTD, and ISD Contract FY24 119
Effective: 07/01/2023— 06/30/2024
STATE OF FLORIDA
COMMISSION FORTHETRANSPOIRTATION DISADVANTAGED
STAINDAIRD COORDINATION/01PERATOR CONTRACT
THIS CONTRACT is entered into Ibetweein 'The GUIDANCEMAIRE CENTER 11114C.., a Florida 501 c3
not-for-profit corporation, designated pursuaint to Chapter 427, IF.S., to serve the transportation
disadvantaged for the community that includes -the entire area of ICI OINROE County, and hereinafter
referred to as the "Cooir6inator" and 'IMAIRC HOUSE, hereinafter referred to as the
"Age incy/O perato ir".. 'The terims and conditions of this Contract are effective 4Sul y_1,2M
and will1l continue throug.. June 30,2024.
WHEREAS, -the Coordinator is required, under Rule 41-2.011, F.A.C., when cost effective and
efficient, to enter into contraGt With a transportation Agency/Operator to provide -transportation
services; and
WHEREAS, transportation disadvantaged funds includes any local government, state or federal
-funds that are for-the -transportation of transportation disadvantaged; and
WHEREAS, the Coordinator desires to contract with -the Agency/Operator for the prove sTorn of
transportation services for-the transportation disadvantaged-, and
WHEREAS, the Coordinator believes it to The in the 1paulblica interest to provide such transportation
services through the Agency/01perator for-the residents of the service area who are clients of the
Agency/Opeiratoir-, and
WHEREAS, -the Agency/Olperator will provide the Coordinator the opportunity to develop a proposal
for any new trainspoirtat ion services needed; and
WHEREAS, the Agency/Operator, in ain effort -to coordinate available resources, will make available
-transportation services to the Coordinator.
WHEREAS, this Contract allows for-the provisions of transportation services be provided by-the
Agency/Operator, in accordance with Chapter 427, IF.S., Rule 41-2, F.A.C., and the most current
Community Transportation Coordinator policies.
NOW, THEREFORE, in consideration of-the mutual covenants, promises and representations Iherelin,
the parties agree as follows:
THE AGENCY/OPERATOR SHALL:
120
Prdvide'semces and vehicles according to the conditions specified in Attachment I.
Coordinat&available:resources and make available transportation services to the Coordinator.
Such services shall be provided in accordance with Attachment I.
C. Every.three(3).months,Submit to the Coordinator a Quarterly Year to Date Operating Report
(from the.Annual Operating Report) detailing demographic, operational and financial data
regarding coordination activities in the designated service area. The report shall be prepared
on forms provided by the Commission for the Transportation Disadvantaged, hereinafter
Commission, and according to the instructions for the forms.
D. Comply with audit and record keeping requirements by:
1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation
Accountin Consortium Model Uniform Accounting System for Rural and S ecialized
Trans°ortation Providers (uniform accounting system) for all transportation
disadvantaged accounting and reporting purposes. Agencies/Operators with existing
and equivalent accounting systems are not required to auupt.the Chart of Accounts in
lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal
documents relating to the transportation disadvantaged functions and activities using
the chart of accounts and accounting definitions as outlined in the above referenced
manual.
2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other
reports as the Coordinator may require during the period of this contract.
3. By reserving to the Coordinator, the right to conduct finance and compliance audits at
any time. Such audits conducted by the Coordinator will be at the expense of the
Coordinator.
E. Retain all financial records, supporting documents, statistical records, and any other
documents pertinent to this Agreement for a period of five (5) years after termination of this
Agreement. If an audit has been initiated and audit findings have not been resolved at the end
of the five- (5) years, the records shall be retained until resolution of the audit findings. The
Agency/Operator shall assure that these records shall be subject to inspection, review, or audit
at all reasonable times by persons duly authorized by the Coordinator or Commission or this
Agreement. The Commission and the Coordinator shall have full access to and the right to
examine any of the records and documents during the retention period.
F. Comply with Safety Requirements by:
1. Complying with Section 341.061, F.S.; and Rule 14-90; F.A.C., concerning System
Safety or complying with Chapter 234.051, F.S., regarding school bus safety
requirements for those services provided through a school board;
2. .Assuring compliance with local, state, and federal laws, and Commission policies
relating to drug testing, and;
+ 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated
service area. -. ... , .
_2®
121
G. Comply with Commission insurance requirements by=maintaining at least minimum liability
insurance coverage in the amount of $100,000 for any one person and $200,000 per
occurrence at all times during the existence of this Contract. ,Upon:.the-execution of this
Contract, the Agency/Operator shall add the Coordinator as an additional named insured to all
insurance policies covering vehicles transporting the transportation disadvantaged. In the
event of any cancellation or changes in the limits of liability in the insurance policy, the
insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the
Coordinator written verification of the existence of such insurance coverage prior to the
execution of this Contract. School board vehicle insurance coverage shall be in accordance
with Section 234.03, F.S. and 234.211, F.S. Insurance coverage in excess of$1 million per
occurrence must be approved by the Coordinator and/or the local Coordinating Board before
inclusion in this contract or in the justification of rates and fare structures, s. 41-2.006(1), FAC.
H. Safeguard information by not using or disclosing any information concerning a user of services
under this Agreement for any purpose not in conformity with the local, state and federal
regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of
competent jurisdiction, written consent of the recipient, or his/her responsible parent or
guardian when authorized by law.
I. Protect Civil Rights by:
1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the
Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in
consideration of and for the purpose of obtaining federal grants, loans, contracts
(except contracts of insurance or guaranty), property, discounts, or other federal
financial assistance to programs or activities receiving or benefiting from federal
financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire
if so required by the Coordinator. Agency/Operator shall also assure compliance with:
a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq.,
which prohibits discrimination on the basis of race, color, or national origin in
programs and activities receiving or benefiting from federal financial assistance.
b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of disability in programs and activities
receiving or benefiting from federal financial assistance.
C. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et
seq., which prohibits discrimination on the basis of sex in education programs
and activities receiving or benefiting from federal financial assistance.
d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which
prohibits discrimination on the basis of age in programs or activities receiving or
benefiting from federal financial assistance.
e. The Omnibus Budget Reconciliation Act of 1981,<P.L. 97-35, which prohibits
discrimination on the basis of sex and religion in programs and activities
receiving or benefiting from federal financial assistance.
f. All regulations, guidelines, and standards lawfully adopted under the above
statutes.
_3®
122
ga "rha Americans with Disabilities Act of 1990, as it may,be amended from 'time to
tiirn .
2. Agreeing that compliance with -thus assurance constitutes to a condition of continued
receipt of or benefit trorn federal financial assistance, and that it is buindung u.up in the
Agency/Operator, its successors, subcontractors, -transferees, and assiginees for-the
(period during which such assistance is provided. Assuring that operators,
subcontractors, sub grantees, or otheirs with whore the Coordinator arranges to (provide
services or benefits to participants or employees in connection wutlh any of its program
wind activities are not d'uaoft nafuing against -tIho o participants or employees in vliolatuoin
of-the above statutes, regulations, guidelines, and standards., II In the event of-failuaure. 'to
comply, the Agency/Operator agrees 'tha't-the Coordinator may, at its dli oratuorn, soak a
court order requiring compliance with the terms of this assurance or seek other
appropriate judicial or adirnfinistrative re lluat, to uin Wda assistance Ibauing terminated and
further a siistain o being denied.
Jo Agency/Operator's oblugatuo. uo indemnify, defend, and (pay'for the defense or at'the
Coordinator's option, to participate and associate with -the Coordinator in 'the defames and traull
of any cUirn and any related settlement inagobatuorn , shall be tirliggere d by the Coordilinatoirs
notice of churn 'for uindarnniniitucatuorn to the gin y/Olp it tor. Agency/Operator's inability-to
evaluate liability or its ovaWtuoin of liability shaH snot excuse 'rho Agency/Operator's duty-to
defend and urn emnuty within seven days after such notice by-the Coordinator is given by
registered mail. Only an adjudication or.juudgomarnt after-th highest appeal is exhausted
specifically-finding the Coordinator solely negligent shall excuse performance of-this provision
by'the Agency/Operator. Agency/Operator shaH pay all casts and fees related to this
obligatuoin and its enforcement by the Coordinator. The Coordinator's failure 'to inotufy
Agency/Operator of a clI iiirn shall snot release Agency/Operator of-the aboveduty to defend.
Comply wutlh all standards and Iparformainoo requirements of the:
1. Me Cominnission for the ,..rrain portatuon I uaadvaintagad [Attachment Ill
2. "'Me local ooirdurnatuing Il oaird approved "'rrarnalportatuorn Disadvantaged Service Ilan
and;
3. Any entities that purchase service..
Fauluro to rmnaat the re quireirnents or obligations set forth in 'this Contract, and performance
requirements established and monitored by -the Coordinating (Board in the approved
rransportatuoin Disadvantaged Service (Plain shall be due cause for morn payment of
reimbursement uinvolices until such deficueinclies have been addressed or corrected to 'the
satisfaction of-the Coordinator.
II....o Provide Corrective Action.. A corrective action notice is a written notice to the gain y/Operator
tlhat the Agency/Operator its in (breach of certain provisions of-this Con-tract and that correction
is required. Any corrective action notice will specify a reasonable time for corrective aotuoin 'to
Ibo oornlplotod.. "'ll-ho Agency/Operator agrees to implement the Corrective Action specified fin
the notice and,provide written docoirnountatuorn to sub taintuato 'the implementation of'the
Corrective Action.
-4-
123
M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator
and local Coordinating Board for conformance with the requirements of this Contract.
N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the
Coordinator. The Agency/Operator shall return any overpayment within thirty (30) calendar
days after either discovery by the Agency/Operator, or notification of the Agency/Operator by
the Coordinator or entity purchasing transportation, whichever is earlier. In the event that the
Coordinator first discovers an overpayment has been made, the Coordinator will notify the
Agency/Operator by letter of such a finding. Should repayment not be made in a timely
manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days
after the date of notification or discovery, or the Coordinator will deduct said amount from
future invoices.
O. In performing this Contract, the Agency/Operator shall not discriminate against any employee
or applicant for employment because of race, age, disability, creed, color, sex or national
origin. Such action shall include, but not be limited to, the following: employment upgrading,
demotion 01 Lransfer; recruitment or recruitment advertising; layoff or terminatica i, rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The
Agency/Operator shall insert the foregoing provision modified only to show the particular
contractual relationship in all its contracts in connection with the development of operation of
the Contract, except contracts for the standard commercial supplies or raw materials, and
shall require all such contractors to insert a similar provision in subcontracts relating to the
performance of this Contract, except subcontracts for standard commercial supplies or raw
materials. The Agency/Operator shall post, in conspicuous places available to employees
and applicants for employment for Project work, notices setting forth the provisions of the
nondiscrimination clause.
P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its
application for the financing hereunder. Funds disbursed to the Agency/Operator under this
Contract shall not be expended for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
THE COORDINATOR SHALL:
A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C.
B. Insure that entities with transportation disadvantaged funds will purchase Transportation
Disadvantaged services through the coordinated system.
-5-
124
C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting
requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information
contained in the Annual Operating Report must be collected, at a minimum, quarterly from the
Agency/Operator.
THE OPERATOR AND COORDINATOR FURTHER AGREE:
A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with
any provision thereof, perform any other act or do any other thing in contravention of any
applicable state law. If any provision of the Contract is found by a court of law to violate any
applicable state law, the purchasing entity will at once notify the Coordinator in writing in order
that appropriate changes and modification may be made by the Coordinator and the
Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with
the provision of transportation services.
B. If any part or provision of this Contract is held invalid, the remainder of this Contract shall be
binding on the parties hereto.
C. Termination Conditions:
1. Termination at Will - This Contract may be terminated by either party upon no less than
thirty (30) days notice, without cause. Said notice shall be delivered by certified mail,
return receipt required, or in person with proof of delivery.
2. Termination due to Lack of Designation - In the event that the Coordinator so
designated by the local Coordinating Board and approved by the Commission, loses its
designation, this contract is terminated immediately upon notification to the
Agency/Operator. Notice shall be delivered by certified mail, return receipt requested,
or in person, with proof of delivery. Notice shall be effective upon receipt.
3. Termination due to Disapproval of Memorandum of Agreement - In the event that the
Commission does not accept and approve any contracted transportation rates listed
within the Memorandum of Agreement, this Contract is terminated immediately upon
notification to the Agency/Operator. Notice shall be delivered by certified mail, return
receipt requested, or in person, with proof of delivery. Notice shall be effective upon
receipt.
4. Termination due to Lack of Funds - In the event funds to finance this contract become
unavailable, the Coordinator may terminate the contract with no less than twenty-four
(24) hours written notice to the Agency/Operator. Notice shall be delivered by certified
mail, return receipt requested, or in person, with proof of delivery. Notice shall be
effective upon receipt. The Coordinator shall be the final authority as to the availability
of funds.
5. Termination for Breach - Unless the Agency/Operator's breach is waived by the
Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator,
terminate this Contract upon no less than twenty-four(24) hours notice. Notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery,.
Waiver by the Coordinator of breach of any provision of this Contract shall not be
deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Contract, and shall not act as a waiver or estoppel to
_6_
125
enforcement of any provision of this Contract. The provisions herein do not limit the
Coordinator's right to remedies at law or to damages.
6. Upon receipt of a notice of termination of this Contract for any reason, the
Agency/Operator shall cease service and prepare all final reports and documents
required by the terms of this Contract. A final invoice shall be sent to the Coordinator
within thirty (30) days after the termination of this Contract.
D. Renegotiations or Modifications of this Contract shall only be valid when they have been
reduced to writing, duly approved by the Coordinator, and signed by both parties hereto.
E. Agency/Operator shall assign no portion of this Contract without the prior written consent of
the Coordinator.
F. This Contract is the entire agreement between the parties.
G. Attachments I and II are an integral part of the Contract and are hereby incorporated by
reference into this Contract. All subsequent attachments are of an optional nature.
H. Notice and Contact:
The name and address of the contract manager for the Coordinator for this Contract is:
Maureen Dunleavy
Guidance/Care Center Inc.
3000 41 st Street, Ocean
Marathon, FL 33050
With copies of all notices of default, breach, legal claim, demand for indemnity, or
damage copied to:
WestCare Foundation, Inc.
Attn: Executive Vice President
1711 Whitney Mesa Drive
Henderson, Nevada 89014
The representative/position of the Agency/Operator responsible for administration of the
program under this contract is:
Director
MARC House
P.O. Box 428
Key West, FL 33041-0428
In the event that different representatives are designated by either party after execution of this
Contract, notice of the name and address of the new representative will be rendered in writing
to the other party and said notification attached to originals of this Contract.
This contract and its attachments contain all the terms and conditions agreed upon by the parties
hereto.
-7-
126
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
5013 not-for-profit corporation
[ Agency/Operator Name ] [ Coordinator Name]
Diana Flenard _ Frank C. Rabbito
T ed/Printed Name of Authorized T ed/Printed Name of Authorized Individual Typed/Printed Typed/Printed
Individual
Executive Director COO 5/12/2023
--- _ _.- ---- - ...... .. ........
Title Cate Title - Date
signature Signature
Executed pursuant to authority under
Resolution WCGCC 2023-01
-8 -
127
ATTACHMENT I
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
2. The Agency/Operator will be available to provide transportation (schedule)
7:30 am to 10:30 pm, seven days a week 365 days per year
3. Days Agency/Operator will not be able to provide services None
4. Vehicles Agencyiuperator will use to transport all passengers
2010 Ford E150 Van — 8p
2009 Pontiac Sedan G6— 4p
2018 Dogdge Braun Entervan - 3p 1 w/c
2019 Ford Transit 150 Van — 9p
2018 Ford Turtle Top Odyssey— 3p 1 w/c
2019 Ford Transit Van — 5p 2w/c
2006 Nissan Titan Truck— 3p
2014 Ford Turtle Top- 12p 4w/c
2016 Ford Van — 11 p
2018 Ford Entervan — 3p 1 w/c
2009 Ford Pick-Up — 2p
2019 Ford Mini Bus— 9p
2019 Ford SmartAccess 350 -5p 2w/c
2003 Pontiac SUV VIBE— 3p
2011 Chevy Cutaway ARBOC— 7p 3w/c
2019 Van Terra Turtletop— 14p
2004 Nissan Frontier Pick-up — 3p
2022 Ford Transit 350— 6p
5. Vehicle/Equipment Standards
Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way communication devise
6. Driver Requirements
License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid,
HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 14-90 and requirements
illustrated throughout contract)
See attached letter
T Training
-9
128
Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and
biennial driver physicals, ADA training (see FAC 14-90 and requirements illustrated throughout
contract)
See attached letter
8. Reporting Requirements
Quarterly Operating Reports, Annual Review (conducted by CTC)
ATTACHMENT II
The Commission for the Transportation Disadvantaged
Standards and Performance Requirements
Pursuant Lu Rule 41-2.006, Florida Administrative Code, the Community Traribportation Coordinator
and any Transportation Operator/Agency from whom service is purchased or arranged by the
Community Transportation Coordinator shall adhere to Commission approved standards. These
standards shall include:
(a) Drug and alcohol testing for safety sensitive job positions within the coordinated system
regarding pre-employment, randomization, post-accident, and reasonable suspicion as
required by the Federal Highway Administration and the Federal Transit Administration;
(b) An escort of a passenger and dependent children are to be transported as locally negotiated
and identified in the local Transportation Disadvantaged Service Plan;
(c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of
such device in the local Transportation Disadvantaged Service Plan;
(d) Passenger property that can be carried by the passenger and/or driver in one trip and can be
safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no
additional charge. Additional requirements may be negotiated for carrying and loading rider
property beyond this amount. Passenger property does not include wheelchairs, child seats,
stretchers, secured oxygen, personal assistive devices, or intravenous devices;
(e) Vehicle transfer points shall provide shelter, security and safety of passengers;
(f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle.
The local complaint process shall be outlined as a section in the local Transportation
Disadvantaged Service Plan including, advising the dissatisfied person about the
Commission's Ombudsman Program as a step within the process as approved by the local
Coordinating Board;
(g) Out of service area trips shall be provided when determined locally and approved by the local
Coordinating Board, except in instances where local ordinances prohibit such trips;
io-
129
(h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or
broken seats, protruding metal or other objects or materials which could soil items placed in
the vehicle or provide discomfort for the passenger;
(i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be
determined locally by the local Coordinating Board and provided in the local Transportation
Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors,
after receipt of said payment by the Community Transportation Coordinator, except in
instances where the Community Transportation Coordinator is a non-governmental entity;
(j) Passenger/trip database must be maintained or accessible by the Community Transportation
Coordinator on each rider being transported within the system;
(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 mvie passengers than the registered
passenger seating or standing capacity shall be scheduled or transported in a vehicle at any
time;
(1) Drivers for paratransit services, including coordination contractors, shall be required to
announce and identify themselves by name and company in a manner that is conducive to
communications with the specific passenger, upon pickup of each rider, group of riders, or
representative, guardian, or associate of the rider, except in situations where the driver
regularly transports the rider on a recurring basis. Each driver must have photo identification
that is in view of the passenger. Name patches, inscriptions or badges that affix to driver
clothing are acceptable. For transit services, the driver photo identification shall be in a
conspicuous location in the vehicle;
(m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or
requested, to the seating portion of the vehicle. The boarding assistance shall include
opening the vehicle door, fastening the seat belt or utilization of wheel chair securement
devices, storage of mobility assistive devices, and closing the vehicle door. In certain
paratransit service categories, the driver may also be required to open and close doors to
buildings, except in situations in which assistance in opening/closing building doors would not
be safe for passengers remaining on the vehicle. Assisted access must be in a dignified
manner. Drivers may not assist wheelchair up or down more than one step, unless it can be
performed safely as determined by the passenger, guardian, and driver;
(n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing
service within the coordinated system, shall be equipped with two-way communications in
good working order and be audible to the driver at all times to the base. All vehicles that are
not equipped with two-way communications shall have two years to be in compliance after the
adoption date of this section of the Rule;
(o) All vehicles ordered or put into service after the adoption of this section of the Rule, and
providing service within the coordinated system, shall have working air conditioners and
heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be
scheduled for repair or replacement as soon as possible. All vehicles that are not equipped
130
with an air conditioner and/or heater shall have two years to be in compliance after the
adoption date of this section of the Rule;
(r) First Aid shall be determined locally and provided in the local Transportation Disadvantaged
Service Plan; and
(s) Cardiopulmonary Resuscitation shall be determined locally and provided in the local
Transportation Disadvantaged Service Plan.
_ 12_
131
ATTACHMENT E
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
I have read the above and state that neither Guidance Care Center Inc_,,,,,,,,,,,,
(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last
36 months.
.... _ �__ ......_.
(Signature) Resolution WCGCC 2023-01
Date: Z _
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of...._m. _.. _
The foregoing instrument was acknowledged before me, by means of,„ physical presence or ❑ online
notarization, this day of (month), .2' � (year), by
name of officer or agent, title of officer or agent) of
(name of entity).
Personally Known
_...._ Produced Identification: Type of ID and Number on ID,..
(SEAL)
Notary PublicState of Florida Si natu f Not ty
9Wlaryanne tl.Johnson .
M Commlssion
Noll HH 2i711 Name of otary (Typed, Stamped or Printed)
Exp. V1512g26
up 0
Notary Public, State of..._ t�
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24
132
ATTACHMENT F
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
_. .... ......... _..........._.
t,
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
. ::.. .............
(Signature) Resolution WCGCC 2023-1
Date: Z~9 a
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of— 2dA:.
County of m, lm
The foregoing instrum lit was ackno ledged before me, by means of physical presence or ❑ online
notarization, tl i day of ......._. (month), ,'�) (year), by
name of officer or agent, title of officer or agent) of
a (name of entity).
Personally Known
Produced Identification: Type of ID and Number on ID,_,,,,,,,........,,,,,,...
(SEAL)
S' a$Pro N try
=Notary
4nnFlonda Name..ru ary (Typed, Stamped or Printed)
Jol
6
Notary Public, State of _`
&......
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24
133
ATTACHMENT G
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
rvtiZ r-c
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements. VV\(�\ !LA�_�=
(Signature) Resolution WC CC 2023
...
-1
Date.
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of.............. Y.!1.. _ ....__.
The foregoing instrume t was acknowledged before me, by means of physical presence or ❑ online
notarization, this day of _ (month), (year), by
Name of officer or agent, title of officer or agent) of
(name of entity).
................ Personally Known
__............... Produced Identification: Type of ID and Number on ID,_ITITIT,,,,,�
(SEAL)
Notary Public state of Florida
maryanne L Johnson
y CH 21 115 S" t of No�a y
ttl �t 21t
E p. 111512026
Name Notary (7`yped; Stamped or Printed)
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24
134
Notary Public, State of
ATTACHMENT H
FY2024 Annual Performance Report
(For year October 1, 2023—September 30, 2024)
Agency Name
-- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point of Contact (POC)
------------------- -----------F----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Phone/Email
---------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grant Amount
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Per Section 8 of your contract, it is required that you fill out the entire form and answer every
question.
Narrative on the FY2024 Performance (i.e. successes, challenges, etc.):
Questions:
1. Please list services and client information below for the program/activities funded by the Monroe
County award.
,U( 01 ��W�m
2. What were the measurable outcomes (including numbers) accomplished in FY2024? Please base
these outcomes on the services you identified in Question#1.
3. What number and percentage of your clients/participants were at or below the federal poverty level in
FY2024; and/or 200%; and/or another standard used by your organization?
4. Were all the awarded funds used in FY2024? If not, please explain.
5. What is the number of FTEs working on the program(s) funded by the award in FY2024?
6. Were the awarded funds used as match in FY2024? If so, please list matching sources.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 135
7. What area of Monroe County did you serve in FY2024?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY2024.
10. What was the CEO/Executive Director (or highest paid title) compensation in FY2024? (Please
breakdown between salary and benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FY2024 IRS Form 990. If
your FY2024 IRS Form 990 is not yet prepared, please provide an estimate for the following
questions.
12. What were your organization's total expenses in FY2024?
13. What was your organization's total revenue in FY2024?
14. What was the organization's total in grants and contracts for FY2024?
15. What was the organization's total donations and in-kind (fundraising) in FY2024?
16. What ercentage of your expenses are program service expenses' versus management and general
expenses in FY2024 as reported on your IRS Form 990?
Erna l theAnnual Perkmwnoe Report to dw Gfwft�l for Monroe County
'Program service expenses are defined as expenses needed to run your programs.
2Management and general expenses encompass expenses such as human resources,salaries of those not working directly with
programs, legal services,accounting services,insurance expenses,office management,auditing,and other centralized services.
Guidance Care Center—Transportation:Baker Act, CTD, and ISD FY24 136
aw BOARD OF Ct)C,.PC�'r COMMISSIONERS
RS
County of Monroe Mayor Craig Cates,District I
The Florida Keys Mayor Pro Tern Holly Raschein, District 5
y Michelle Coldiron,District 2
David Rice,District 4
James Scholl,District 3
DAVID P. RICE,COMMISSIONER
9400 Overseas Highway, Suite 210
Marathon Airport Terminal Building
Marathon, FL 33050
O 305.289.6000
E boccdis4@monroecounty-fl.gov
Interoffice Memorandum
orandum
Date: September 19, 2023
To: Kevin Madok, Clerk of the Court
County Clerk's Office
From: Commissioner David Rice, District 4 „.
RE: NOTICE OF VOTING CONFLICT—FINAL BUDGET HEARING
Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues brought before the Monroe County Board of
Commissioners with entities with which I am involved.
I will abstain from the vote on issues concerning the following entities:
Guidance Care Center,Inc., a private, not-for-profit entity,which receives some of its
operational funding from the County, as I currently sit on the Board of Directors of the
Guidance Care Center.
At the Final Budget Hearing on September 20,2023,I will abstain from the vote
on item(s):
#B4, BS, and B6
Copy of agenda item listing from the Revised Agenda for each of the referenced item(s)is included for
documentation.
ATT. State Form 8B Memorandum of Voting Conflict for County,Municipal,and Other Local Elected
Officers
FORM 8D MEMORANDUM OF VOTING CONFLICT FOR,
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME . .NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEEw —
RICE DAVID P MONROE COUNTY BOARD OF COMMISSIONERS
MAILING ADDRESS _ THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE
_. ON
9400 OVERSEAS HIGHWAY, SUITE 210 WHICH I SERVE IS A UNIT OF:
- ❑CITY dCOUNTY ❑OTHER LOCAL AGENCY
CITY COUNTY _-._..............._ ..._ w.._............._.. ....
MARATHON MONROE NAME OF POLITICAL SUBDIVISION:
..W................. _. ..
DATE ON WHICH VOTE OCCURRED """..---" """"""""""_.a� ..........
MY POSITIO�N��16'—
JULY 19, 2023 C( ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity,
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction,.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
__.......................... .. ..-.... ........ .......... ._....m.-... .... ............
CE FORM 8B-EFF 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),FA,C
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency,
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating,
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes,A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed
DISCLOSURE 0..... __ �m..�_�W� ..�...... ..... ..... �..wm�.__a_........_
F LOCAL OFFICER'S INTEREST
I,
DAVID P.nRICE SEPTEMBER 20 20 23
hereby disclose that on
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,_,
inured to the special gain or loss of ....... by
whom I am retained; or
inured to the special gain or loss of which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
#134, #135, and#66: (See attached agenda for Final Budget Hearing, for item descriptions. The three items are
involved funding approvals for the Guidance Care Center, I sit on their governing board.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
ell
September 19, 2023
Date Filed Signature
.. __. ._. .. _._... _ ..._ .� ._ . ... .......... .. .. ... .... . . .. ...
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000,
_. ........ ... . _... ..... ..._ —-----...... .. .... ._. _ ..m.
CE FORM 8B-EFF 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),FA C.
AGENDA
MONROE COUNTY BUDGET MEETING
September 20, 2023
5:05 PM
The Board will convene at the Murray E. Nelson Government Center
The meeting is open to the public.
Members of the public can also attend will be via Communications Media Technology at:
Zoom webinar: Final Budget Hearing. Adoption of Final budget and Millage Rate.
To report problems with the broadcast or Zoom webinar,please call (305) 872-8831.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding,please contact the County Administrator's Office, by phoning
(305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., prior to the scheduled meeting; if you
are hearing or voice impaired, call "711". Live Closed Captioning is available via the MCTV portal
@ It a ://c�r,rr °atras.t�/�roocll r r ar /Nicleor O8, 711791rrei'O'llct°rem "A,� for
meetings of the Monroe County Board of County Commissioners.
A person may submit written comments or other physical evidence on a particular agenda item for
consideration at the BOCC meeting via email to Lindsey Ballard @ ballard-lindsey@lnonroecounty-
fl.gov County Administrator's Office, no later than 3:00 P.M. on the Monday prior to the meeting.
The email must include the submitter's name, address, phone number and email address and the
agenda item number the documents/comments are regarding. Any intellectual property submitted
must include the appropriate authorization for use. For additional assistance,please call (305) 292-
4441 or email your inquiry to: ballard-lindsey a?jnonroecounty-fl.gov.
Please note that all time approximate items are listed in bold.
5:05 P.M. Public Hearing
TIME APPROXIMATE PUBLIC HEARING
5:05 P.M. Call to Order
CALL TO ORDER
A. ADDITIONS, CORRECTIONS AND DELETIONS
B. BUDGET
B1. County Administrator's Budget Discussion.
B2. Public Input.
B3. Approval of Fiscal Year 2024 contracts with local non-profit human service organizations
(HSO) funded by the Board of County Commissioners through recommendations of the
Human Services Advisory Board (HSAB) tots°°ding$1,850,725. The Agreements with Florida
Keys Area Health Education Center(AHEC), the Florida Keys Healthy Start Coalition and
Guidance/Care Center are being separately approved to address voting conflicts.
°B4,n�Approval of Fiscal Ycai- 2024 contract Nvith Guidance �1°�r� ply°tr�r{hE�e Heron, Assisted
Living Facility Program) fi.anded by the Board"o'"'°'County Commissioners through
recommendations of"thee ImWinan Services Advisory Board (HSAB) totaling $45,000.
°�B5 °,,,'Approval of Agaccrnent with Guidanacc/Ca c C cmer for the Community Transportation for
°,.
Disadvantaged(C:rl)) program raa%fl�e aaa °cunto"f$28,379, the Innovative Service
Development program iri the amount of$l,0,668 and Baker Act Transportation service
prograun in the amount of$207,450 for Fiscal Year 2024.
I16 �'Ahrprovaal of two (2) agreements withalc�llq(G/CC) for(1) Substance Abuse
Mental Health (SAMH) services in the amount of$527,507 and 2) the Jail In-House Program
(JIP) in the amount of$382,432 for FY2024. The County funding for SAMH services is the
local match required by Florida Statute.
B7. Approval of Fiscal Year 2024 contract with Florida Keys Area Health Education Center
(AHEC) funded by the Board of County Commissioners through recommendations of the
Human Services Advisory Board(HSAB) totaling$198,000.
B8. Approval of Fiscal Year 2024 contract with Florida Keys Healthy Start Coalition funded by
the Board of County Commissioners through recommendations of the Human Services
Advisory Board(HSAB) totaling $109,500.
B9. Approval of Fiscal Year 2024 agreement with Monroe Council of the Arts Corporation d/b/a
Florida Keys Council of the Arts in the amount of$87,800.00.
B 10.Approval of Fiscal Year 2024 agreement with Historic Florida Keys Foundation, Inc., to
develop, coordinate, and promote historic preservation in Monroe County, in the amount of
$32,450.00.
ADJOURNMENT
C. LAND AUTHORITY GOVERNING BOARD
C 1. A Public Hearing and Approval of a Resolution adopting the Monroe County Land Authority
Final Budget for Fiscal Year 2024.
ADJOURNMENT
D. FIRE &AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
D1. District 1 Board of Governors Resolution adopting the final millage rate for Fiscal Year
2024.
D2. District 1 Board of Governors Resolution adopting the final budget for Fiscal Year 2024.
ADJOURNMENT
E. BUDGET RESOLUTIONS AND ANNOUNCEMENTS
E1. Announcement of final millage rates.
2
EI Approval of County Commission Resolution adopting the final millage rates for Fiscal Year
2024.
E3. Approval of County Commission Resolution adopting the final operating budget for Fiscal
Year 2024.
E4. Approval of County Commission Resolution adopting the final capital budget for Fiscal Year
2024.
3