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Item C18 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 19-20, 2000 Division: Community Services Bulk Item: Yes X No Department: SOCi~ ~ation '14- .0..----- Louis LaTorre AGENDA ITEM WORDING: Approval to purchase one transportation bus using the Public Transportation joint participation agreement between Monroe County and the State of Florida Department of Transportation by piggy backing on the FOOT FVPPOO-O l-CA Florida Vehicle Procurement Program, ITEM BACKGROUND: The Federal Transit Administration, will fund the purchase of one transportation bus with funding coming from the Federal funds for $33,600.00, State funds $4,200,00 and County match of $16,117,00, This vehicle will replace an existing aging van in the transportation fleet. PREVIOUS RELEVANT BOCC ACTION: Approved the Public Transportation Joint Agreement for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for Financial Assistance to purchase one transportation bus on 10/13/1999. STAFF RECOMMENDATION: Approval. TOTAL COST: $ 53.917,00 BUDGETED: Yes lL No COST TO COUNTY: $ 16,1 17,00 REVENUE PRODUCING: YES N/ A NO AMT. PER MONTH $ YEAR $ APPROVED BY: County Atty, X OMB/Purchasiog. X Risk Management X/ 'r I, / DIVISION DIRECTOR APPROVAL: '~} }.)I ) /~~ ( (.C,c,: ;' Jim Malloch / DOCUMENTATION: Included: X To Follow: Not Required: J;U6 DISPOSITION: Agenda Item #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: State of Florida Department of Transportation Effective Date: --1LI 23 I 99 Expiration Date: 09 I JJLI 02 Contract Purpose/Description: Approval to obtain funding for the purchase of one transportation bus. Contract Manager: J errv Eskew 4425 Social Service Transportation ~~~ (Ext.) (D'epartment) Louis LaTorre for BOCC meeting on ~/ J..2J 2000 Agenda Deadline: ...3/ 2/ 2000 CONTRACT COSTS Total Dollar Value of Contract: $ $53,917.00 Current Year Portion: $ -0- Budgeted ? Yes X No Account Codes: - - ... - - Grant: $ 37,800,00 - - - - - County Match: $16,117.00 }QL-61505 -560 -640 - ADDITIONAL COSTS Estimated Ongoing Costs: $ Unknown Iyr. For: maintenance (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Yes No ., r ! I c,_ Division Director -, ( ) (I) --- ~.j'geme,nt 4 /2-/C)(.' ( ) (0'/ O. .B./P~ing ./ " """" (/ .i /', / ..~' (\ ( ) ~ -'"-- -l...-I.... County Attorney ~/ L/ / C,..<' ( ) v/ Comments: . Review~r " / Il {.' I, ( / \..n"l1C !i..f:..- .---. Date Out ::. /? I I C'.~ --- c\ . ~ \~'R~~~l~.~ :l.../~cC' ?41l~i~- .. ~~~; 92-28-99 14:34 ATLANTIC tlU~ oALc~ lU=l~~~~~l(~CC p'oat-i~ F~ Note 7671 exhibit A to SAMPLE ORDER FORM FVPPOO-01-CA (tt & 25' Ctat&waya) Fax. Atlantic Bus SalesIEfdorado Corpo~on AGENCY NAME: Monroe County CONTACT PERSON: .Terrv Eskew DATE: P.o. Febru:uv 22. 2OCIO Item Cost Quantity Total Cost Base Vehicle 22' 45,790.00 1 45.790 00 Base Vehicle 25' ,47,655.00 standard Seat ..:,... .- 166.00 12 1992.00 Rip - type Seat (single) 180.00 . Fold-away Seat (double) 520.00 Children's Seat :; -. 235.00 Wheelchair lie-down 375.00 2 750.00 Paint Scheme 1 100.00 Paint Scheme 2 250.00 Paint Scheme 3 225.00 Help Bumpers - Front 450.00 1 450.00 Help Bumpers- Rear 450.00 Altro Slip Resistant Flooring 950.00 Seats 560.00 Engine (diesel) Size 7.3L . Make Ford 3.995.00 1 3;995.00 Manufacturer Ford Interior Lighting 45.00 Aluminum wheels 1,330.00 Driver Seat A 742.00 ., Driver Seat 8 727_00 Service Brake Interlock 850.00 - . Total page 1 52,977.00 92-28-99 14:35 ATLANTIC ~u~ ~AL~~ lI>"'l~:J"~"ll...aa rQL'" Q I Item Cost Quantity Total Coat Public Address System 195.00 Seat Belt Extensions 45.00 2 90.00 AM/FM Radio 225.00 Doors - 385.00 Retarder 4,400.00 Braun UFL 1000 Under Floor Uft System 8,000.00 Wheelchair Uti (credit amount when wheelchair lift in base vehicle is not (2,970.00) wanted) LED Deceleration Ught System - Diesel 425.00 LED Deceleration Ught System - Gas 400.00 Breakaway Mirrors 150.00 Rubber Suspension System 715.00 Flat Floor 850.00 1 AE;O on Stainless Steel Wheel Inserts 275.00 Total page 2 940.00 . . . GRAND TOTAL (total page 1 and page 2) 53,917.00 Flooring Colors (circle one) B gray blue tan Seating Colors: (circle one) blue tan ~lac0 Paint Scheme: Agencies will select two (2) colors for the background and stripe when orders are placed. If an agency requires a paint and lettering scheme that is NOT GENERALLY covered by one of those listed, they may make separate arrangements either with the manufacturer or a local vendor to provide these services. .), ! s ~ :3 ~ - a- l ! ~ ,. I ~ cc , <:S. "") ~ .,.,.. g cS II} I I f I I I I I L_...u~~___ .,.,--~_. ----- ca/cad 9gVLTv6vS6T=GI ~ ~ ~ ~~~ OIO~ ~-~ ~ / ~,/ . ,/ ,/ r a o ~ 6lQm rnl ~ II n n \.. II I r--, I J s.; I II~~I 11~~1 II~~I II~""I It.::_j - t Q:) CO ... "') 8 ~ t- I ~ ~ ~~ ~f ~ 8 ~ ~ ~ i ~ ~~ ~ ~g ~ ~Q c:: O}... ~! f5~ So) g "'C~ ~ ~ 0) to:; ~ g "O')t ~ t: ~~~ i .."" - ~ ~- I <:::> - :sC\l I~ ~ lo. I I.. . ~ I 5 .: I ~ I i ~ i ~ eo e ~ ! ~ ~ e ~ ~~~ "i ~_ !a 't4 ~ 't4 ~ ~ ~ ~li13 i ~ I ~~ I ~ ~ lit ~fa ~~ ~It ""C ~Q~II') ~ ~ ::i~~ a ~ Q~~i; """ ~Q .... llJ ~ ~!;~~ -J a: ~~~~ ~ ~ ~!!i~ ~ ~ <J ~ \!!~Q; ~ <:) V) ~ ~>:""~ <: <: ~ ~cza... -. I ~ ~~a~ '- ~ r- ;:s ~:i"~ :>.: !::) 0 ~ ~8""~ ~ ~ ~ ~ IIi!: ~ ~ ~ ~ ~~ ~ ~ 0 ~.... ~ ~ ~ !i~1 ~~a S3~~S sns ~I~N~~~~ 9T:at aa-cz-ca . .' .. -..-:;;:.-.' STATE OF flORIDA DEPAtm.lE/'fT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 7"-'.030-06 "'BUC't'lANSP ADMIN 06199 Pate I oll2 ITEM-SEGMENT -PHASE-SEQUENCE Fund: DU' DS function: 656_ SAMAS Approp: 088774 25391319401 Federal No: A-5310-0024 SAMAS Obj.:790004 Contract No: AH 554 Catalog of Federal DOOICSlic Assistance Org. Code:55062020629 Number:20-5l3 Vendor No:F596000749070 THIS AGREEMENT, made and entered into this J? 3 (3P day of ~. 194- by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT AnON, an agency of the State of Florida, hereinafter referred to as the Department, and Monroe Coun1;y Social Services Transportation 5100 Colleee Road Win~ 111. Public Service Buildini Key West. Florida 33040 hereinafter referred to as the AGENCY. WI T N ES E TH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 051 (1) ( a) , Florida Statutes, to enter into this Agreement; 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 one (1) Bus ( B on'C ) to transport elderly and disabled persons. and as further described in Exhibit(s) A,B & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed, FORM 725.0J0.Q6' PUBLIC TRANSP ADMIN 06199 .... 2orJ'Z 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit" A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient maMer, and in accordance with the provisions herein, and all applicable laws. 2.20 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 Agency 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 Agency will initiate and consununate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Depamnent such data, reports, records, contracts and other documents relating to the project as the Deparnnent may require as listed in Exhibit "e" attached hereto and by this reference made a pan hereof. 3.00 Project Cost: The total estimated cost of the project is $42,000.00 . This amount is based upon the estimate sununarized in Exhibit liB" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $37,800.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; Availability of funds as stated in paragraph 17.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. (b) c (d) 4.20 Front End Funding: Front end funding is not applicable. If applicable, the Deparnnent may initially pay 100 % of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00, 5.00 Retainage: Retainage is not applicable, If applicable, _N/A percent of the Depamnent's total share of participation as shown in paragraph 4,00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. ; fOR.\! m.()~ PUBUCTRANSP ADMIN 06199 Pqc3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, 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. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for acnial costs inc~rred as of the date the invoice is submitted with the fInal payment due upon receipt of a fInal invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accountiug Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Gov.enunents", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after fInal payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency 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 payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency 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 Department, 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 Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All cosrs charged to the project, including any approved services 'contnbuted by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency 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 Agency 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, and, to the went feasible, kept separate and apart from all other such documents . FORM m.oJO-06 PUBUC TRANSP ADMIN 06199 Pqe4orl2 7.60 Audit Reports: 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. 2. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection fonns are to be submitted within the earlier of 30 days after the receipt of the auditor's repon, or 9 months after the end of the subrecipient's (Agency's) fIScal year. The date the audit repon was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit repon, or reponing package, and data collection form. 4. The Agency shall follow up and take corrective action on audit fmdings. A-133 funher requires the preparation of a summary schedule of prior audit fmdings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Repons of audits conducted in accordance with OMB Circular A-133, and corresponding data collection fonns shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jefferson, IN 47132 and the District Public Transponation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transponation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a cenification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or, facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airpon runways the Depamnent may waive or modify this section with an EXhibit "C". " FORM 72S~JO-06 PUBUC TRANSP ADMIN 06199 Pap 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency 'shall fIle with the Department of Transportation, District Six Public Transportation Office 602 South Miami Avenue Florida,3313Q-3016 _ its requisition on a form or forms prescribed by the Department, and other data penaining to the project account (as defIned in paragraph 7.10 hereof) to justify and support the payment requisitions. . 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail suffIcient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061. F.S. The I;>eparnnent may establish rates lower than the maximwn provided in Chapter 112.061. Florida Statutes. 8.13 For real property acquired. submit; (1) the date the Agency acquired the real property , (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws. rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof. the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However. notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project. the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action penaining to the project which, under this agreement. requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; .' 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained . herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal fmancial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment. the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest FORM ~30.()6 PUBUC TRANSI' ADMIN 06199 .... 6 of 12 approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Depamnent resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Tennination or Suspension of Project: 9.10 Tennination or Suspension Generally: If the Agency abandons or, before completion, fmally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the conunencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by wrinen notice to the Agency, 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 Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any fInal tennination or suspension notice under this paragraph, the Agency 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 undenakings the cost of which are otherwise includable as project costs; and (3)- remit to the Department such portion of the fmancing and any advance payment previously received as is determined by the Department 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 Depamnent or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal fmancial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department'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. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner r~quiring the disbursement of Department joint participation funds. including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Depamnent. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifIwally reserves unto itself FOR-\! 7"'-'.030.06 PUBUC TltANSP ADMIN 06199 Pqc 7 of 12 the right to review the qualifications of any consultant or conttactor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the panies hereto that participation by the Deparanent in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Deparanent that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Deparanent that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the perfonnance of contracts finailced in whole or in part with Deparanent funds under this Agreement. The DBE requirements of 49 CFR Pan 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Pan 23, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard. all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Departtnent assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, 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 payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or 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. When the project involves installation, construction, demolition, removal, sjte improvement, or similar work, the Agency shall post, in conspicuous places available to , employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions ofthe nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will 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 issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion. sex, disability and familial status. FORM 725~3O-\l6 PUBUCnANSf' ADMIN 06199 ... a of 12 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement comtitutes a cenification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not panicipate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insen in all contracts entered into in connection with the project or any propeny included or planned to be included in any project, and shall require its contractors to insen in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or pan of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Panicipation Agreement constitutes a cenification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Depanment shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Depanment of any breach of covenant or any default which may then exist, on the pan of the Agency, and the making of such payment by the Depanment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Departtnent with respect to ~uch breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, 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. 14.50 Bonus or Commission: By execution of the Agreement the Agency 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. 14.60 State or Territorial Law: Nothing in'the Agreement shall require the Agency 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: Provided, that if any of the provisions of the Agreement violate any applicable State law,-the Agency will at once . " FORM 72S-030-06 PUBUC TRANSP ADMIN 06199 ..... 9 or 12 notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. , 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period, of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. ' 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department fInancing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set fonh in Section 339. 135(6)(a) , and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted.as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value ofthe services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339. 135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fIscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total . appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess ,indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this. Agreement, that party will inunediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. FORM "'J~J\I.06 PUBUC TRANSP ADMIN 06199 ..... 10 of 12 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The' Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislarure. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its tenns involves the expendirure of money in excess of the amoUDtS budgeted as available for expenditure during such fIScal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Departtnent shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fIScal years; and this paragraph shall be incorporated verbatim in all contracts of the Deparanent which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30 2002 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Six . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Fonnat: 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. 20.00 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. 21.00 Restrictions on Lobbying: " 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid-or will be paid by or on FORM 725-030-06 PUBUC TRANSP ADMIN 06199 Pqc II oC 12 behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in cormection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in cormection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure' Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall cenify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 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 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defmed by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. Th~ invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Deparirnent. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287. 133(3)(a) F .S. the following is applicable to this agreement. 287, 133(2)(a) It A person ,or affiliate who has been placed on the convicted vendor list following a conviction for a 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s, 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " I FORM 7U.oJO-Oll PUBUC TRANS' ADMIN 06199 hac I lor 12 Item No. 25391319401 CFDA No. 20-513 Contract No. AH554 Agreement Date /1- cP3 -~/ IN WITNESS WHEREOF, the parties here to have caused these presents be executed, the day and year fIrst above written. AGENCY FOOT -" .. ... ~\~ ~ ".ta.~.I'tt~. -.. A_t~ \. BY: 'W.'"/ h ~ rn I' 0 a.. 1-lQ..-(V~V I ncumbrance Fonn for date of Funding omptroller NAME: TITLE: M A I/O r - I .. RECYCLED PAPER II STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01 ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 03/99 ========-===-===============================-=======-==-===--=---= RUSH Reason for RUSH : Advertise Award New (Needed by _/_/ (date) ) (Letting Date) ___ Termination/Cert of' Comp Supplemental Renewal Correction Court Order Overrun x LOA Addition Contract # AH554 Contract Type AH Method of Procurement G Vendor Name Monroe County, Social Services Dept. Vendor 10 F596000749070 Has Written/Verbal Approval from a Participating Federal Agency been received x Yes No Fed Agmt Amt$33,600.00State Funds$4,200.00 Local Funds$4,200.00 Beginning date of this Agmt: _9/30/99(Must be after fund approval) Ending date of this Agmt: _9/30/02(Estimate if necessary) Execution date of this Agmt: _1_1_(Only on original agreements) Has work been authorized to begin? Yes x No Have standard financial provisions been altered by contract terms? Yes x No If so, show Revision date: Does this-agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes x No ****************************************************************** Brief Description of Work/Comments:Purchase one (1) Bus (B on C) to transport elderly and disabled. FTA- FL-5310 -0024 ****************************************************************** ORG-CODE *EO * OBJECT * AMOUNT (FISCAL YEAR) *FIN PROJ or JOB # *FCT (FUND) alpha ================================================================== 55 062020629 *11 * 790004 * $33,600.00 (99/00) * 25391319401 (DU) *656 ------------------------------------------------------------------ 55 062020629 *11 * 790004 * $4,200.00 (99/00) - * 25391319401 (DS) *656 ------------------------------------------------------------------ 55 xxxxxxxxx *xx * xxx xxx * $ (xx/xx) * xxxxxxxxxxx (xxxx) *xxx ------------------------------------------------------------------ TOTAL AMOUNT * $37,800.00__ * ------------------------------------------------------------------ Originator:Ike Mahmood E-mail U5ERID(s) PT629AM DATE SENT:08/27/99__ PH/SC:452-5913___ ****************************************************************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ***************************************.************************** BUDGET ENTITY 5590 CATEGORY ...oiiis4 (Jafl77q- WORK PROGRAM VERIFICATION OK ALLOTMENT YEAR 00 DATE CHECKED C! NEW 65 LINE 0001 0002 FUNDS APPROVED BY JOHN FAIN FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08-30-1999___ ****************************************************************** ITEM NO. 25391319401 CFDA NO. 20-513 CONTRACT NO. AH554 EXHmIT "A" PROJECT DESCRIPTION AND RESPONSmILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County Social Services Transportation. 5100 College Road, Wing 111, Public Services Building, Key West, Florida 33040 dated PROJECT LOCATION: Key West, Monroe County, Florida PROJECT DESCRIPTION: Purchase of one (1) Bus ( B on C ) to transport the elderly and disabled persons. When procuring the vehicle, the agency will adhere to the following documents or as amended: 1) Guidelines for Acquiring Vehicles, dated October 1993 2) Bid Document Part I, dated July 1995 3) Bid Document Part IT; Specification Guidelines for Specialized Vehicles, dated July 1993. Copies of the above referenced documents will be furnished upon full execution of this agreement. The project will continue for the useful life of the vehicle as described in the "Vehicle Inventory Management" Procedure No. 725-030-025-f or as may be amended in the future. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, WPI number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: September 1996 ITEM NO.25391319401 CFDA NO. 20-513 CONTRACT NO.AH 554 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and' Monroe County Social Services Transportation. 5100 College Road, Wing 111, Public Services Building, Key West, Florida 33040 dated 1. PROJECT COST: $ 42,000.00 Purchase of one (1) Bus ( B on C ) to transport the elderly and disabled persons. TOTAL PROJECT COST: $42,000.00 II. P ARTICIP AnON: Maximum Federal Participation FfA (80%) or $33,600.00 Agency Participation In-Kind ( %) $ Cash (10%) $4,200.00 Other ( %) $ Maximum Department Participation, Primary DS (10%) or $4,200.00 Federal Reimbursable (DU)(FRA)(DFTA)( %) or $ Local Reimbursable (DL) ( ) %) or $ TOTAL PROJECT COST $ 42,000.00 September 1996 ITEM NO.25391319401 CFDA NO. 20-513 CONTRACT NO.AH554 EXHmIT "C" (Section 5310) This exhibit fonns an integral part of that certain joint Participation Agreement between the State of Florida Department of Transportation and Monroe County Social Services Transportation 5100 College Road, Wing 111, Public Services Building. Key West, Florida 33040 dated This Agreement is in confonnance with Section 5310 of the Federal Transit Act of 1991 as amended (49 U.S.C. app. ~ 5310) and chapter 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient (Agency) shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds. Transportation will be provided to elderly and disabled clientele with dignity and respect. The Agency shall maintain the Department as a named "certificate holder" on the insurance policy for the vehicle[s] during the time period the Department is the only lien holder. The Agency shall be responsible for providing or having its agents provide the Department with proof of insurance during this period. All accidents involving the vehicles shall be reported to the Department's district office within five (5) working days. Depending on the seriousness of the accident. additional documentation concerning the accident may be required to be submitted. If the accidem involves a fatality, the District shall be notified within twenty- four (24) hours. Submission of an Annual Certification of Use is required by the 15th day of January each year as specified in Attachment "1". The Agency will submit a monthly operating report as specified in Attachment "2". Proper vehicle maintenance is imperative and the Department strongly recommends that your agency follow the "Preventive Maintenance Guidelines" brochure it publishes. As a condition of this agreement, your agency has signed an agreement with The Guidance Clinic CTC for trip coordination. You are requested to comply with the agreement to the best of your ability without destroying the integrity of daily schedules. The agency must submit an Invoice to the Department no later than one hundred and twenty days (120)after the period of Services covered by said Invoice. September 1996 " .. ATTACHMENT 1 FTA SECTION 5310 GRANT PROGRAM ANNUAL CERTIFICATION OF USE OF VEHICLES This agreement forms an integral part of that Joint Participation Agreement between the State of Florida. Department of Transportation and Monroe County Social Services Transportation. 5100 College Road, Wing 111. Public Services Building, Key West. Florida 33040 dated 1 . The vehicles and equipment acquired under the project continue to be used for the purposed for which the grant was approved. 2. The vehicles and equipment do not exceed that which is needed for operations. 3. None of the vehicles and equipment have been sold. damaged or otherwise taken out of service. 4. There has not been a reduction in the local contribution made to the project. The certification should make specific reference to all four of the above items. If the Grantee cannot certify to one or more of them. please explain fully in writing. In the case of project equipment which consists of vehicles. each vehicle should be itemized by year, serial number and DOT controi ~umber. NOTE: This Annual Certification is due on the 15th. dav of Januarv each vear durinQ the fife oeriod of each vehicle owned bv the AQency. September 1996 " ATTACHMENT 2 SECTION 5310 MONTHLY OPERATING REPORT This Attachment for.ms an integral part of that JOint Participation Agreement between the State of Florida Department of Transportation and Monroe County Social Services Transportation. 5100 College Road, Wing 111, public Services Building, Key West, Florida 33040 dated MONTH: DATE: VEH:ICLE CONTROL NUMBER: TOTAL ONE-WAY PASSENGER TR:IPS: VEH:ICLE M:ILES TH:IS MONTH: C'tJRRENT ODOMETER READ:ING: TOTAL DAYS VEH:ICLE OPERATED: DAYS :IDLE: DAYS :IN REPA:IR: NOTE: TH:IS MONTHLY OPERAT:ING REPORT :IS DUE BY THE 30TH OF THE MONTH FOLLOW:ING THE REPORTED MONTH. September 1996 FLORIDA VEHICLE PROCUREMENT PROGRAM CONTRACT # FVPPOO-OI-CA 22' & 25' Cutaways FVPPOO-01-CA 22' & 25' C utaways General Information The Florida Vehicle Procurement Program (FVPP) Proposal # FVPPOO-01-CA to establish a contract for the purchase of cutaways was awarded to Atlantic Bus Sales on February 22, 2000. This packet contains the necessary instructions and forms for agencies to purchase vehicles. This information can also be found at the FVPP website (http://www.cutr.eng.usf.edu/research/fvpp.htm).This packet also provides guidance and clarity in the relationships between the buyers and the seller. If a situation arises that is not adequately addressed, please contact Mike Crittenden or Vicki Zambito at (813) 974-3120. . Vendor Information Atlantic Bus Sales is located at 552 S. Dixie Highway East, Pompano Beach, Florida 33060. The telephone number is (954) 941-7722 and the FAX number is (954) 941- 7466. When placing orders, please direct all inquiries to Lisa Alighieri or Richard C. Mahoney and reference the FVPP Contract # FVPPOO-01-CA. Ordering, Delivery, and Payment Procedures contained in this section will be used by agencies and vendors to provide guidance in the ordering of and payment for vehicles. Agencies should understand that each order placed with and acknowledged by Atlantic Bus Sales constitutes a contract between the purchaser and Atlantic Bus Sales only. The contract implies no duties or responsibilities by the Project Coordinator or the Florida Department of Transportation. The terms and conditions of the said contract are to be administered and enforced by and between the purchaser and bidder. Ordering Instructions All orders placed with Atlantic Bus Sales should be accompanied by an Agency Purchase Order. Please submit a separate order form (See Exhibit A - sample order form) for each vehicle. Each order form contains: · The base vehicle price 1 · Seating and wheelchair station prices · Paint scheme prices · Individual option prices The 22-foot base vehicle is an Eldorado Aerotech 220 body mounted on a Ford E-40 cutaway chassis with a 158-inch wheel base. The 25-foot base vehicle is an Eldorado Aerotech 240 body mounted on a Ford E-40 cutaway chassis with a 176-inch wheel base. Both vehicles will have a V-10 gasoline engine. Both vehicles will have a manual door with standard driver's seat and wheelchair lift with lift door. It will also include all standard equipment and required options per the specifications. Most agencies already have an idea of the type and number of seats/wheelchair stations needed to meet their floor plan requirements. Those agencies that have already determined their floor plan requirements should fax a copy of the proposed layout to Atlantic Bus Sales for verification prior to submitting their order(s). Agencies requiring assistance with floor plan layout should call Atlantic Bus Sales and discuss their needs. Atlantic Bus Sales will develop a proposed floor plan based on the agency's needs and fax a copy to the agency for verification prior to the agency submitting the order. Standard passenger seats will be the Freedman Feather Weight Mid or High Back including a "Knee Saver" backrest design. Fold-a-way seats will be the Freedman 3- Step seat. An illustration of the basic paint schemes (Exhibit B) and a description of the individual options (Exhibit C) are also being provided to assist you in compiling your order. After determining a floor plan and the individual options, place the number of desired items in the quantity column. Multiply the dollar figure in the cost column by the number of items in the corresponding quantity column to arrive at a total cost per item. Enter the total in the total cost column. Add the figures in the total cost column to arrive at the grand total for the vehicle. The grand total will be the figure used on the agency's purchase order. Agencies may make as many copies as needed of the blank order form. Atlantic Bus Sales will provide to the agency written confirmation of receipt of its order within 72 hours of receiving the order. At a minimum, the acknowledgment of order will contain: · The agency's P.O. number · Date order was received · Date order was placed with the manufacturer · The production/vin number when available · Estimated delivery date (when available) 2 Delivery In case of delay in completion of delivery of an agency's vehicle(s) beyond the number of days allotted in the bid contract, the agency may assess as liquidated damage, $25.00 per calendar day per vehicle (unless granted an extension in writing). All work on and delivery of the vehicle(s) will be completed within ninety (90) days of receipt of chassis from the OEM supplier. Prior to the vehicle(s) being delivered, Atlantic Bus Sales must perform a Post Delivery Inspection. ,Atlantic Bus Sales will notify the agency and the appropriate FOOT District Representative a minimum of 48 hours in advance to arrange a delivery time. Each vehicle will be delivered with all vendor/manufacturer's quality control checklist including road test and final inspection (properly completed and signed by an authorized plant representative). Other documents that Atlantic Bus Sales will provide at delivery include: · Manufacture's Certificate of Origin. · Application for Certificate of Title. · Retail Buyer's Order. · Warranty papers (forms, policy, procedures). · Maintenance manual. · Spare key(s). · Operator's manual. NOTE: AGENCIES MUST SELECT ALTERNATOR WARRANTY OPTION AT TIME OF DELIVERY (see Exhibit D, 5.1.2). Final Acceptance A vehicle should be rejected if any of the above items are missing, defective, altered, incorrect, or incomplete, the agency should reject the vehicle. If a vehicle(s) is delivered incomplete or contains any defective or damaged parts, the said parts will be removed and replaced by Atlantic Bus Sales. New parts will be furnished and installed by Atlantic Bus Sales at no cost to the agency. In the event work is involved, warranty or otherwise, to repair or place the vehicle(s) in proper complete condition, such repairs will be made by an approved firm (please see Exhibit 0 for warranty provisions). Delivery of the vehicle(s) by Atlantic Bus Sales does not constitute acceptance by the agency. The vehicle will be considered "accepted" upon passing the inspection and issuance of an acceptance letter by the agency. The terms of this contract state that an agency has 10 calendar days after receiving vehicle(s) to perform the Post Delivery Inspection and issue either a "Letter of Acceptance" or a "Letter of Rejection" to Atlantic Bus Sales and their FOOT District Office. The "Letter of Rejection" will state and describe the areas to be found in noncompliance with the bid specifications and is 3