Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21. 2005
Bulk Item: YES X NO
Division: Communitv Services
Department: Social Services-Transportation
=
AGENDA ITEM WORDING: Approval of a contract between Monroe County and the
Community Transportation Coordinator. The Guidance Clinic of the Middle Keys for the
contract year 1I112006~ 12/31/2006.
ITEM BACKGROUND: This contract, funded by the State of Florida, Commission for
the Transportation Disadvantaged, will allow Monroe County Transportation to be paid
for providing contracted transportation services to Monroe County's Transportation
disadvantaged.
PREVIOUS RELEVANT BOCC ACTION: Approval by BOCC January 19,2005, of
previous year contract (CY 2005)
CONTRACT/AGREEMENT CHANGES: Changes to Attachment 1
STAFF RECOMMENDATION: Approval of contract
TOTAL COST:
$0
BUDGETED:
Yes X
No
COST TO COUNTY: $0
SOURCE OF FUNDS:
REVENUE PRODUCING: )"es l No _ AMOIJNT PER MTH unknown YEAR unknown
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1/
APPROVED)n,:"^"'~>'" County J~rty Yes OMBfPurchasing YES Risk Management YES
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Prepared By: ""~,-/ c:> ?-f
Print Name: Jewfy Eskew, bireetor. Transportation Program
DIRECTOR
DIVISION DIRECTOR AFPROV AL:
Print Name: SHEILA BARKER
DOCUMENTATION: Included
YES
Follow
Not
DISPOSITION:
Agenda Item #
Wednesday. November 30. lOOS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
CTC
Contract # ~
Effective Date:
Expiration Date:
01/01/2006
I 2/3 1/2006
Contract Purpose/Description:
This a rreemen! is fund~d by the State of Florida Commission for the)'ransportation
Disadvantaged pa . S€!vices when c racted and provided by Monroe County
Transportation to \ nroe Cd;mt "s Tra~ ftatien disadvantaged population segment.
\'" /. /? /
~"'<-~J/ ",^~-~ L!~ttAc"/
Contract Manager: Jerw Eskew f 4425
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(Name). (Ext.)
Transportation/Stop # 1
(Department/Stop #)
for BOCC meeting on
12/21/2005
Agenda Deadline: 12/05/2005
CONTRACT COSTS
Total Dollar Value of Contract: $ 0
Budgeted? Yes[8J No D Account--Codes:
Grant: $ 0
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County Match: $ 0
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Current Year Portion: $ 0
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~/yr For:
(Not included in dollar value above) (eg. maintenance, utilities,junitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed . I /. ~ Revie'Y.f{f ~
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YesD NoW~v!J JiJ.AJ:~v V<7Z:Z 'ffA~
Date Out
Division Director
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01\.18 Form Revised 2/27/01 MCP #2
Effective:
01/01/06 to 12/31/06
STATE OF FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
STANDARD COORDINATION/OPERATOR CONTRACT
THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINA TORI
THE GUIDANCE CLINIC OF THE MIDDLE KEYS, designated pursuant to Chapter 427, F.S., to
serve the transportation disadvantaged for the community that includes the entire area of MONROE
County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and
conditions of this Contract are effective January 1. 2006, and will continue through
December 31. 2006.
WHEREAS, the Coordinator is required, under Rule 41-2.011, F.A.C., when cost effective and
efficient, to enter into contract with a transportation Agency/Operator to provide transportation
services; and
WHEREAS, transportation disadvantaged funds includes any local government, state or federal
funds that are for the transportation of transportation disadvantaged; and
WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of
transportation services for the transportation disadvantaged; and
WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation
services through the Agency/Operator for the residents of the service area who are clients of the
Agency/Operator; and
WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal
for any new transportation services needed; and
WHEREAS, the Agency/Operator, in an effort to coordinate available resources, wi/[ make available
transportation services to the Coordinator.
WHEREAS, this Contract allows for the provisions of transportation services be provided by the
Agency/Operator, in accordance with Chapter 427, F.S., Rule 41-2, F.A.C., and the most current
Community Transportation Coordinator policies.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
THE AGENCY/OPERATOR SHALL:
A. Provide services and vehicles according to the conditions specified in Attachment J.
B. Coordinate available resources and make available transportation services to the Coordinator.
Such services shall be provided in accordance with Attachment I. This contract currently
excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will
be negotiated.
C. Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report
(from the Annual Operating Report) detailing demographic, operational and financial data
regarding coordination activities in the designated service area. The reported data will include
information regarding aJi transportation provided by the Agency/Operator (including but not
limited to CTe, Medicaid...) The report shall be prepared on forms provided by the
Commission for the Transportation Disadvantaged, hereinafter Commission, and according to
the instructions for the forms.
D. Comply with audit and record keeping requirements by:
1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation
Accounting Consortium Model Uniform Accounting System for Rural and Specialized
Transportation Providers (uniform accounting system) for all transportation
disadvantaged accounting and reporting purposes. Agencies/Operators with existing
and equivalent accounting systems are not required to adopt the Chart of Accounts in
lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal
documents relating to the transportation disadvantaged functions and activities using
the chart of accounts and accounting definitions as outlined in the above referenced
manual.
2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other
reports as the Coordinator may require during the period of this contract
3. By reserving to the Coordinator, the right to conduct finance and compliance audits at
any time. Such audits conducted by the Coordinator will be at the expense of the
Coordinator.
E. Retain all financial records, supporting documents, statistical records, and any other
documents pertinent to this Agreement for a period of five (5) years after termination of this
Agreement. If an audit has been initiated and audit findings have not been resolved at the end
of the five- (5) years, the records shall be retained until resolution of the audit findings. The
Agency/Operator shall assure that these records shall be subject to inspection, review, or audit
at all reasonable times by persons duly authorized by the Coordinator or Commission or this
Agreement The Commission and the Coordinator shall have full access to and the right to
examine any of the records and documents during the retention period.
F. Comply with Safety Requirements by:
t Complying with Section 341.061, F.S., and Rule 14-90, F.AC., concerning System
Safety or complying with Chapter 234.051, F.S., regarding school bus safety
requirements for those services provided through a school board;
2. Assuring compliance with local, state, and federal laws, and Commission policies
relating to drug testing, and;
3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated
service area.
G, Comply with Commission insurance requirements by maintaining at least minimum liability
insurance coverage in the amount of $100,000 for anyone person and $200,000 per
occurrence at all times during the existence of this Contract. In the event of any cancellation or
changes in the limits of liability in the insurance policy, the insurance agent or broker shall
notify the Coordinator. The Agency/Operator shall furnish the Coordinator written verification
of the existence of such insurance coverage prior to the execution of this Contract or proof of a
self-insurance program operated by the Agency/Operator. School board vehicle insurance
coverage shall be in accordance with Section 234,03, F,S. and 234.211, F.S.
H. Safeguard information by not using or disclosing any information concerning a user of services
under this Agreement for any purpose not in conformity with the local, state and federal
regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of
competent jurisdiction, written consent of the recipient, or his/her responsible parent or
guardian when authorized by law.
L 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 ffnancial 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.
g. The Americans with Disabilities Act of 1990, as it may be amended from time to
time.
2. Agreeing that compliance with this assurance constitutes a condition of continued
receipt of or benefit from federal financial assistance, and that it is binding upon the
Agency/Operator, its successors, subcontractors, transferees, and assignees for the
period during which such assistance is provided. Assuring that operators,
subcontractors, subgrantees, or others with whom the Coordinator arranges to provide
services or benefits to participants or employees in connection with any of its programs
and activities are not discriminating against those participants or employees in violation
of the above statutes, regulations, guidelines, and standards. In the event of failure to
comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a
court order requiring compliance with the terms of this assurance or seek other
appropriate judicial or administrative relief, to include assistance being terminated and
further assistance being denied.
The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims,
cost (including legal fees), and expenses associated with the services provided under this
contract arising out of the negligent acts of the Agency/Operator.
Comply with all standards and performance requirements of the:
1. The Commission for the Transportation Disadvantaged [ Attachment II ];
2. The local Coordinating Board approved Transportation Disadvantaged Service Plan
and;
3. Any entities that purchase service.
Failure to meet the requirements or obligations set forth in this Contract, and performance
requirements established and monitored by the Coordinating Board in the approved
Transportation Disadvantaged Service Plan shall be due cause for non-payment of
reimbursement invoices until such deficiencies have been addressed or corrected to the
satisfaction of the Coordinator.
L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator
that the Agency/Operator is in breach of certain provisions of this Contract and that correction
is required. Any corrective action notice will specify a reasonable time for corrective action to
be completed. The Agency/Operator agrees to implement the Corrective Action specified in
the notice and provide written documentation to substantiate the implementation of the
Corrective Action.
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 shali not discriminate against any employee
or applicant for employment because of race, age, disability, creed, color, sex or national
origin. Such action shall include, but not be limited to, the following: employment upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The
Agency/Operator shall insert the foregoing provision modified only to show the particular
contractual relationship in all its contracts in connection with the development of operation of
the Contract, except contracts for the standard commercial supplies or raw materials, and
shall require all such contractors to insert a similar provision in subcontracts relating to the
petformance 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.
S. Insure that entities with transportation disadvantaged funds will purchase Transportation
Disadvantaged services through the coordinated system.
C, At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting
requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information
contained in the Annual Operating Report must be collected, at a minimum, quarterly from the
Agency/Operator.
THE OPERATOR AND COORDINATOR FURTHER AGREE:
A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with
any provision thereof, petform 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
enforcement of any provision of this Contract. The provisions herein do not limit the
Coordinator's right to remedies at law or to damages.
6. Upon receipt of a notice of termination of this Contract for any reason, the
Agency/Operator shall cease service and prepare all final reports and documents
required by the terms of this Contract. A final invoice shall be sent to the Coordinator
within thirty (30) days after the termination of this Contract.
7. The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of
said payment by the CTD. Nonpayment to the Agency/Operator shaH be a breach for
which Agency/Operator may give 24-hour notice of termination of the contract.
D. Renegotiations or Modifications of this Contract shall only be valid when they have been
reduced to writing, duly approved by the Coordinator, and signed by both partJes 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 Grynewicz
Guidance Clinic of the Middle Keys
3000 41 st Street, Ocean
Marathon, FL 33050
The representative/position of the Agency/Operator responsible for administration of the
program under this contract is:
Administrator, Transportation
Monroe County Transportation
1100 Simonton Street
Key West, Florida 33040
In the event that different representatives are designated by either party after execution of this
Contract, notice of the name and address of the new representative will be rendered in writing
to the other party and said notification attached to originals of this Contract
This contract and its attachments contain all the terms and conditions agreed upon by the parties
hereto.
WITNESS WHEREOF, the parties hereto have caused these presents to be executed.
AGENCY/OPERA TOR:
COMMUNITY TRANSPORTATION
COORDINATOR
Monroe County Board of County
Commissioners
[ Agency/Operator Name]
Guidance Clinic of the Middle Keys
[ Coordinator Name]
Typed/Printed Name of Authorized
Individual
Maureen Grynewicz
Typed/Printed Name of Authorized
Individual
Title
Date
Transportation Director
Title
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ATTACHMENT II
The Commission for the Transportation Disadvantaged
Standards and Performance Requirements
Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator
and any Transportation Operator/Agency from whom service is purchased or arranged by the
Community Transportation Coordinator shall adhere to Commission approved standards. These
standards shall include:
(a) Drug and alcohol testing for safety sensitive job positions within the coordinated system
regarding pre-employment, randomization, post-accident, and reasonable suspicion as
required by the Federal Highway Administration and the Federal Transit Administration;
(b) An escort of a passenger and dependent children are to be transported as locally negotiated
and identified in the local Transportation Disadvantaged Service Plan;
(c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of
such device in the local Transportation Disadvantaged Service Plan;
(d) Passenger property that can be carried by the passenger and/or driver in one trip and can be
safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no
additional charge. Additional requirements may be negotiated for carrying and loading rider
property beyond this amount. Passenger property does not include wheelchairs, child seats,
stretchers, secured oxygen, personal assistive devices, or intravenous devices;
(e) Vehicle transfer points shall provide shelter, security and safety of passengers;
(f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle.
The local complaint process shall be outlined as a section in the local Transportation
Disadvantaged Service Plan including, advising the dissatisfied person about the
Commission's Ombudsman Program as a step within the process as approved by the Local
Coordinating Board;
(g) Out of service area trips shall be provided when determined locally and approved by the local
Coordinating Board, except in instances where local ordinances prohibit such trips;
(h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or
broken seats, protruding metal or other objects or materials which could soil items placed in
the vehicle or provide discomfort for the passenger;
(i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be
determined locaily by the iocal Coordinating Board and provided in the local Transportation
Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors,
after receipt of said payment by the Community Transportation CoordInator, except in
instances where the Community Transportation Coordinator is a non-governmental entity;
Passenger/trip database must be maintained or accessible by the Community Transportation
Coordinator on each rider being transported within the system;
(k) Adequate seating for paratranslt services shall be provided to each rider and escort, child I or
personal care attendant, and no more passengers than the registered passenger seating
capacity shall be scheduled or transported in a vehicle at any time. For transit services
provided by transit vehicles, adequate seating or standing space will be provided to each rider
and escort, child, or personal care attendant, and no more passengers than the registered
passenger seating or standing capacity shall be scheduled or transported in a vehicle at any
time;
(I) 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 vehicfes 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;
(0) All vehicles ordered or put into service after the adoption of this section of the Rule, and
providing service within the coordinated system, shall have working air conditioners and
heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be
scheduled for repair or replacement as soon as possible. All vehicles that are not equipped
with an air conditioner shall have two years to be in compliance after the adoption date of this
section of the Rule;
(p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged
Service Plan; and
(q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local
Transportation Disadvantaged Service Plan.
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