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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 3050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL(305)289-8027 KEY WEST,FLORIDA 33040 TEL(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-366D
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
FROM: Isabel C. DeSantis, Deputy Clerk
Date: January 9, 1998
At the December 10, 1997 Commissioner's meeting, the Board
granted approval and authorized execution of an Agreement between
---------------Monroe--County and the Guidance Clinic of the Middle Keys, serving
as the Community Transportation Coordinator for the State of
Florida.
Enclosed is a fully executed duplicate original of the above
Agreement for your return to the Coordinator.
Should you have any questions, please do not hesitate to
call.
cc: County Attorney Finance
County Administrator, w/o document File
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Effective: to
STATE OF FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
STANDARD COORDINATION/OPERATOR CONTRACT
THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION
COORDINATOR, 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(ies), and
hereinafter referred to as the "Coordinator" and 'r,nrrp Cnunry Rn rd of County
Commissioners , hereinafter referred to as the "Agency/Operator".
The terms and conditions of this Contract are effective January 1, 199E and will
continue through mr mar• z1 19 s
WHEREAS, the Coordinator is required, under Rule 41-2, F,A.C., Contractual
Arrangements, to provide and/or enter into where cost effective and efficient; to enter
into subcontract(s) or to broker transportation services to transportation operators; and
WHEREAS, transportation disadvantaged funds includes any local government, state or
federal funds that are for the transportation of transportation disadvantaged; and
WHEREAS, the Coordinator desires to contract with the Agency/Operator for the
provision of transportation services for the transportation disadvantaged; and
WHEREAS, the Coordinator believes it to be in the public interest to provide such
transportation services through the Agency/Operator for the residents of the service area
who are clients of the Agency/Operator; and
WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to
develop a proposal for any new transportation services needed; and
WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will
make available transportation services to the Coordinator.
WHEREAS, this Contract allows for the provisions of transportation services be
provided by the Agency/Operator, in accordance with Chapter 427, F.S., Rule 41-2,
SlnndarJ CIXRJ,nal'orvlRm,o( l onl,ect
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F.A.C., and the most current Community Transportation Coordinator policies.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties agree as follows:
THE AGENCY/OPERATOR SHALL;
A. Provide services and vehicles according to the conditions specified in Attachment
I• Payment for services shall be made according to attachment 1.
B. Coordinate available resources and make available transportation Services to the
Coordinator. Such services shall be provided in accordance with Attacnment 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. I ne 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 JJniform Arc tmti E `; st eir
for Rural and Specialized Transnunation Providers tunitoru, 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 !feu 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, tiscal, 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.
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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 hy:
1. Complying with Section 341.061, F.S., and Rule 14-90, F.A.C., concerning
System Safety or complying with Chapter 234.051, F.S., regarding school
bus safety requirements for those services provided through a school board;
2. Assuring compliance with local, state, and federal laws, and Commission
policies relating to drug testing, and;
3. Complying with Coordinator's System Safety Program Plan (SSPP) for
designated service area.
G. Comply with Commission insurance requirements by maintaining at least
minimum liability insurance coverage in the amount of$100,000 for any one
person and $200,000 per occurrence at all times during the existence of this
Contract. Upon the execution of this 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 ofsuch 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 . 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,
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except upon order of a coun of competent jurisdiction, written consent of the
recipient, or his/her responsible parent ur guardian when authorized by law.
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 federai
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 progi ams
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.
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g. The Americans with Disabilities Act of 1990, us 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 ur employees in
violation of the above statutes, regulations, guidelines. and standards. in the
event of failure to comply, the Agency/Operator agrees that the Coordinator
may, at its discretion, seek a court order requiring compliance with the
terms of this assurance or seek other appropriate judicial or administrative
relief, to include assistance being terminated and further assistance being
denied.
J. Agency/Operator's obligation to indemnify, defend, and pay for the defense or at
the Coordinator's option, to participate and associate with the Coordinator in the
defense and trail of any claim and any related settlement negotiations, shall be
triggered by the Coordinator's notice of claim for indemnification to the
Agency/Operator. Agency/Operator's inability to evaluate liability or its
evaluation of liability shall not excuse the Agency/Operator's duty to defend and
indemnify within seven days after such notice by the C.00reinator is given by
registered mail. Only an adjudication or judgement after the highest appeal is
exhausted specifically finding the Coordinator solely negligent shall excuse
performance of this provision by the Agency/Operator. .Agency/Operator shall
pay all costs and fees related to this obligation and its enforcement by the
Coordinator. The Coordinator's failure to notify Agency/Operator of a claim shall
not release Agency/Operator of the above duty to defend.
K Comply with all standards and performance requirements of the
I. 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,
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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 tot
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 ot
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 he 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: employmentyipgrading, 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 ot operation or 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
Standard Coordination Operator Comm
Tons
Contract, except subcontracts for standard commercial supplies or raw materials
The Agency/Operator shall post, in conspicuous places available to employees and
applicants for employment for Project work, notices setting forth the provisions of
the nondiscrimination clause.
P. By execution of this Contract, the Agency/Operator represents that it has not paid
and, also, agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder. Funds disbursed to the
Agency/Operator under this Contract shall not be expended for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
THE COORDINATOR SHALL:
A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2,
F.A.C.
B. Insure that entities with transportation disadvantaged funds will purchase
transportation disadvantaged services through the coordinated system.
C. At a minimum, annually monitor the Agency/Operator for insurance, safety and
reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The
information contained in the Annual Operating Report must be collected, at a
minimum,tquarterly 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
Standard Coordination/Operator Conduct
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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 mai1, 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 ao nut
limit the Coordinator's right to remedies at law or to damages.
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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
Standard CnuNlnauon'oponior Convu,
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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:
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art-64-6 4/ ,Q - 5 r
41A 1-146 V i i-. 3 3 c s v
The representative/position of the Agency/Operator responsible for administration
of the program under this contract is :
Mministrator.. Transportation
Monroe County Transportation
5100 College Road, PSB, Wing III
Key West, Florida 33040
In the event that different representatives are designated by either parry after
execution of this Contract, notice of the name and address of the new
representative will be rendered in writing to the other pany 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.
Standard Coordioaiio&ORnlor Coninct
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WITNESS WHEREOF, the parties hereto have caused these presents to be executed.
AGENCY/OPERATOR: COMMUNITY TRANSPORTATION
COORDINATOR
Monroe County Board of County Camtissioners �2n@f e1th1ac/// au ititedie.'q$
(Agency/Operator Name) (Coordinator Name)
Lam , /kt1enin a Ha ' ve2e 3v,d ✓O ,& c (h _b .
Typed Name of Authorized Individual Typed Name of Authorized
Individual p
Signatur . Signature: lnir ,Y", /79
Title: Melo( Pco • teIF7 Title: ce
APPROVED AS TO FOR
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ATTEST^: DA_NN�Y.L.. KOLHAGE, CCL)EeRKK ,.{.
By v006-• — - C. C4OnCL S
DEPUTY CLERK
Simard CmnamonoNDMroior coniwn
Form in of
ATTACHMENT I
AGENCY/OPERATOR CONTRACT
SERVICE DESCRIPTION
1. The Agency/Operator will be able to provide:
(Type of Service - ambulatory, non-ambulatory, stretcher)
Ambulatory and wheelchair service, oaratransit
2. The Agency/Operator will be available to provide transportation
(Days and Hours of availability)
bbnday through Friday 8:00 AM to 5:00 PM
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Days Agency/Operator will not be able to provide services;
(Holidays and other days not available)
Services will not be provided on Saturday and Sunday, or County holidays.
3. Vehicles Agency/Operator will use to transport all passengers
(Vehicle Inventory attached)
See attached.
4. Vehicle/Equipment Standards (if any)
(Identify standards such as functioning air conditions/heating, grab rails,
stanchions, first aid kits, fire extinguishers, adequate communication equipment)
Vehicles were purchased with oaratransit specifications and include
equipment options deemed necessary for that service.
5. Driver Requirements (if any)
(Identify requirements of drivers such as current license, vision, dress, specialized
training, relationship with riders - provide assistance, physical contact,
communication)
Drivers and sub-drivers are required to have a CDL B Driver's License with
airbrake and passenger endorsements. Drivers/sub-drivers are required to
pass physicals and drug tests.
6. Training
(Identify required training of all personnel, including drivers, reservations, etc.
Also provide how often this training is required and how it will be provided to
operator's employees).
Drivers and sub-drivers are trained prior to releasing to drive. This
training usually takes about two weeks.
7. Agency/Operator' fare structure
(Identify fare structure and what services are eligible and ineligible)
$5.70 per trip plus $.31 per mile when trips are five or more miles.
8. Billing/Invoicing and Reimbursement procedure for Agency/Operator.
(When, how often, what reports if any should be submitted)
Will provide detailed invoice to LTC weekly.
9. Reporting Requirements
(Include all Requirements of Commission, Coordinator, Local Coordinating Board
and any Entities purchasing transportation.)
Will comply with all requirements.
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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 ofa 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 Comrn ssion'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 lucan 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 Dasseneer
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(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 data base 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 more passengers than the registered passenger seating or
standing capacity shall be scheduled or transported in a vehicle at any time,
(1) Drivers for paratransit services, including coordination contractors, shall be
required to announce and identify themselves by name and company in a manner
that is conducive to communications with the specific passenger, upon pickup of
each rider, group of riders, or representative, guardian, or associate of the rider,
except in situations where the driver regularly transports the rider on a recurring
basis, Each driver must have photo identification that is in view of the passenger.
Name patches, inscriptions or badges that affix to driver clothing are acceptable.
For transit services, the driver photo identification shall be in a conspicuous
location in the vehicle;
(m) The paratransit driver shall provide the passenger with boarding assistance, if
necessary or requested, to the seating portion of the vehicle. The boarding
assistance shall include opening the vehicle door, fastening the seat belt or
utilization of wheel chair securement devices, storage of mobility assistive
devices, and closing the vehicle door. In certain paratransit service categories, the
driver may also be required to open and close doors to buildings, except in
situations in which assistance in opening/closing building doors would not be safe
for passengers remaining on the vehicle. Assisted access must be in a dignified
manner. Drivers may not assist wheelchair up or down more than one step, unless
it can be performed safely as determined by the passenger, guardian, and driver,
(n) All vehicles ordered or put into service after adoption of this section or 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 itut equtoped with two-way
communications shall have two years to be in compliance atter me adoption date
of this section of the Rule;
(o) All vehicles ordered or put into service after the adoption of this section of the
Rule, and providing service within the coordinated system, shall have working air
conditioners and heaters in each vehicle. Vehicles that do not have a working air
conditioner or heater will be scheduled for repair or replacement as soon as
possible. All vehicles that are not equipped with an air conditioner andior 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.