07/01/2021 to 06/30/2022 Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: May 28, 2021
TO: Sheryl Graham, Director
Social Services
ATTN: Lourdes Francis, Administrator
FROM: Sally M. Abrams, D.C. SD`l
SUBJECT: May 19d1 BOCC Meeting
Attached, for your handling, is an electronic copy of Item C27, contract between Monroe
County Board of County Commissioners/Monroe County Social Services (Monroe County
Transit) and the Community Transportation Coordinator, Guidance Care Center, Inc., for the
contract period of 7/01/2021 to 06/30/2022. This is a non-monetary partnership/collaboration
contract required by the State of Florida Commission for the Transportation Disadvantaged.
Should you have any questions, please feel free to contact tee at ext. 3550. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Effective: 07101/2021-6/30/2022
STATE OF FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
STANDARD COORDINATION/OPERATOR CONTRACT
THIS T A T is entered into between The I / CENTER, INC., a Florida
01 c3 not-for-profit corporation, designated pursuant to Chapter 427, F.S., to serve the
transportation disadvantaged for the community that includes the entire area of MONROE County,
and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of
this Contract are effective Jul ,20 1, and will continue through
June 30, 2022.
WHEREAS, the Coordinator is required, under Rule 41-2.011, F.A.G., when cost effective and
efficient, to enter into contract with a transportation Agency/Operator to provide transportation
services; and
WHEREAS, transportation disadvantaged funds includes any local government, state or federal
funds that are for the transportation of transportation disadvantaged; and
WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of
transportation services for the transportation disadvantaged; and
WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation
services through the Agency/Operator for the residents of the service area who are clients of the
Agency/Operator; and
WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a
proposal for any new transportation services needed; and
WHEREAS, the Agency/Operator, in an effort to coordinate available resources, 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, 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.
B. Coordinate available resources and make available transportation services to the
Coordinator. Such services shall be provided in accordance with Attachment 1. This
contract currently excludes the coordination of Medicaid trips. A separate Medicaid
transportation contract will be negotiated.
C. Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating
Report (from the Annual Operating Report) detailing demographic, operational and financial
data regarding coordination activities in the designated service area. The reported data will
include information regarding all transportation provided by the Agency/Operator (including
but not limited to CTC, Medicaid...) The report shall be prepared on forms provided by the
Commission for the Transportation Disadvantaged, hereinafter Commission, and according
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
Accountina Consortium Model Uniform Accountina Svstem for Rural and SDecialized
Transportation Providers (uniform accounting system) for all transportation
disadvantaged accounting and reporting purposes. Agencies/Operators with existing
and equivalent accounting systems are not required to adopt the Chart of Accounts in
lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and
fiscal documents relating to the transportation disadvantaged functions and activities
using the chart of accounts and accounting definitions as outlined in the above
referenced manual.
2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other
reports as the Coordinator may require during the period of this contract.
3. By reserving to the Coordinator, the right to conduct finance and compliance audits at
any time. Such audits conducted by the Coordinator will be at the expense of the
Coordinator.
E. Retain all financial records, supporting documents, statistical records, and any other
documents pertinent to this Agreement for a period of five (5) years after termination of this
Agreement. If an audit has been initiated and audit findings have not been resolved at the
end of the five- (5) years, the records shall be retained until resolution of the audit findings.
The Agency/Operator shall assure that these records shall be subject to inspection, review,
or audit at all reasonable times by persons duly authorized by the Coordinator or
Commission or this Agreement. The Commission and the Coordinator shall have full
access to and the right to examine any of the records and documents during the retention
period.
F. Comply with Safety Requirements by:
1. Complying with Section 341.061, F.S., and Rule 14-90, F.A.C., concerning System
Safety or complying with Chapter 234.051, FS,, 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;
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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. In the event of any cancellation
or changes in the limits of liability in the insurance policy, the insurance agent or broker shall
notify the Coordinator. The Agency/Operator shall furnish the Coordinator written
verification of the existence of such insurance coverage prior to the execution of this
Contract or proof of a self-insurance program operated by the Agency/Operator. School
board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and
234.211, F.S.
H. Safeguard information by not using or disclosing any information concerning a user of
services under this Agreement for any purpose not in conformity with the local, state and
federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a
court of competent jurisdiction, written consent of the recipient, or his/her responsible parent
or guardian when authorized by law.
1. Protect Civil Rights by:
1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the
Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance
in consideration of and for the purpose of obtaining federal grants, loans, contracts
(except contracts of insurance or guaranty), property, discounts, or other federal
financial assistance to programs or activities receiving or benefiting from federal
financial assistance and agreeing to complete a Civil Rights Compliance
Questionnaire if so required by the Coordinator. Agency/Operator shall also assure
compliance with:
a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq.,
which prohibits discrimination on the basis of race, color, or national origin in
programs and activities receiving or benefiting from federal financial
assistance.
b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794,
which prohibits discrimination on the basis of disability in programs and
activities receiving or benefiting from federal financial assistance.
C. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681
et seq., which prohibits discrimination on the basis of sex in education
programs and activities receiving or benefiting from federal financial
assistance.
d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.,
which prohibits discrimination on the basis of age in programs or activities
receiving or benefiting from federal financial assistance.
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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.
9. The Americans with Disabilities Act of 1990, as it may be amended from time
to time.
2. Agreeing that compliance with this assurance constitutes a condition of continued
receipt of or benefit from federal financial assistance, and that it is binding upon the
Agency/Operator, its successors, subcontractors, transferees, and assignees for the
period during which such assistance is provided. Assuring that operators,
subcontractors, sub grantees, or others with whom the Coordinator arranges to
provide services or benefits to participants or employees in connection with any of its
programs and activities are not discriminating against those participants or
employees in violation of the above statutes, regulations, guidelines, and standards.
In the event of failure to comply, the Agency/Operator agrees that the Coordinator
may, at its discretion, seek a court order requiring compliance with the terms of this
assurance or seek other appropriate judicial or administrative relief, to include
assistance being terminated and further assistance being denied.
J. The Agency/Operator, as a political sub-division of the State of Florida, as defined in
Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tortuous acts, which result in
claims or suits against either the Agency/Operator or Coordinator, and agrees to be liable to
the statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either
party to be sued by third parties in any matter arising out of this or any other Agreement.
K Comply with all standards and performance requirements of the:
1. The Commission for the Transportation Disadvantaged [Attachment 11];
2. The local Coordinating Board approved Transportation Disadvantaged Service Plan
and;
3. Any entities that purchase service.
Failure to meet the requirements or obligations set forth in this Contract, and performance
requirements established and monitored by the Coordinating Board in the approved
Transportation Disadvantaged Service Plan shall be due cause for non-payment of
reimbursement invoices until such deficiencies have been addressed or corrected to the
satisfaction of the Coordinator.
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L. Provide Corrective Action, A corrective action notice is a written notice to the
Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract
and that correction is required. Any corrective action notice will specify a reasonable time
for corrective action to be completed. The Agency/Operator agrees to implement the
Corrective Action specified in the notice and provide written documentation to substantiate
the implementation of the Corrective Action.
M. All contracts, subcontracts, coordination contracts will be reviewed annually by the
Coordinator and local Coordinating Board for conformance with the requirements of this
Contract.
N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the
Coordinator. The Agency/Operator shall return any overpayment within thirty (30) calendar
days after either discovery by the Agency/Operator, or notification of the Agency/Operator
by the Coordinator or entity purchasing transportation, whichever is earlier. In the event that
the Coordinator first discovers an overpayment has been made, the Coordinator will notify
the Agency/Operator by letter of such a finding. Should repayment not be made in a timely
manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar
days after the date of notification or discovery, or the Coordinator will deduct said amount
from future invoices.
O, In performing this Contract, the Agency/Operator shall not discriminate against any
employee or applicant for employment because of race, age, disability, creed, color, sex or
national origin. Such action shall include, but not be limited to, the following: employment
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Agency/Operator shall insert the foregoing provision
modified only to show the particular contractual relationship in all its contracts in connection
with the development of operation of the Contract, except contracts for the standard
commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in subcontracts relating to the performance of this Contract, except
subcontracts for standard commercial supplies or raw materials. The Agency/Operator
shall post, in conspicuous places available to employees and applicants for employment for
Project work, notices setting forth the provisions of the nondiscrimination clause.
P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its
application for the financing hereunder. Funds disbursed to the Agency/Operator under this
Contract shall not be expended for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
THE COORDINATOR SHALL:
A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C.
B. Insure that entities with transportation disadvantaged funds will purchase Transportation
Disadvantaged services through the coordinated system.
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C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting
requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information
contained in the Annual Operating Report must be collected, at a minimum, quarterly from
the Agency/Operator.
THE OPERATOR AND COORDINATOR FURTHER AGREE:
A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with
any provision thereof, perform any other act or do any other thing in contravention of any
applicable state law. If any provision of the Contract is found by a court of law to violate any
applicable state law, the purchasing entity will at once notify the Coordinator in writing in
order that appropriate changes and modification may be made by the Coordinator and the
Agency/Operator to the end that the Agency/Operator may proceed as soon as possible
with the provision of transportation services.
B. If any part or provision of this Contract is held invalid; the remainder of this Contract shall be
binding on the parties hereto.
C. Termination Conditions:
1. Termination at Will - This Contract may be terminated by either party upon no less
than thirty (30) days notice, without cause. Said notice shall be delivered by certified
mail, return receipt required, or in person with proof of delivery.
2. Termination due to Lack of Designation - In the event that the Coordinator so
designated by the local Coordinating Board and approved by the Commission, loses
its designation, this contract is terminated immediately upon notification to the
Agency/Operator. Notice shall be delivered by certified mail, return receipt
requested, or in person, with proof of delivery. Notice shall be effective upon receipt.
3. Termination due to Disapproval of Memorandum of Agreement - In the event that the
Commission does not accept and approve any contracted transportation rates listed
within the Memorandum of Agreement, this Contract is terminated immediately upon
notification to the Agency/Operator. Notice shall be delivered by certified mail, return
receipt requested, or in person, with proof of delivery. Notice shall be effective upon
receipt.
4. Termination due to Lack of Funds - In the event funds to finance this contract
become unavailable, the Coordinator may terminate the contract with no less than
twenty-four (24) hours written notice to the Agency/Operator. Notice shall be
delivered by certified mail, return receipt requested, or in person, with proof of
delivery. Notice shall be effective upon receipt. The Coordinator shall be the final
authority as to the availability of funds.
5. Termination for Breach - Unless the Agency/Operator's breach is waived by the
Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator,
terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall
be delivered by certified mail, return receipt requested, or in person with proof of
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delivery. Waiver by the Coordinator of breach of any provision of this Contract shall
not be deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Contract, and shall not act as a waiver or estoppel to
enforcement of any provision of this Contract. The provisions herein do not limit the
Coordinator's right to remedies at law or to damages.
6. Upon receipt of a notice of termination of this Contract for any reason, the
Agency/Operator shall cease service and prepare all final reports and documents
required by the terms of this Contract. A final invoice shall be sent to the Coordinator
within thirty (30) days after the termination of this Contract.
7. The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt
of said payment by the CT®. Nonpayment to the Agency/Operator shall be a breach
for which Agency/Operator may give 24-hour notice of termination of the contract.
D. Renegotiations or Modifications of this Contract shall only be valid when they have been
reduced to writing, duly approved by the Coordinator, and signed by both 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 11 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:
Lisa Marciniak, Transportation Coordinator
Guidance/Care Center, Inc.
3000 41 st Street, Ocean
Marathon, FL 33050
The representative/position of the Agency/Operator responsible for administration of the
program under this contract is:
Administrator, Transportation
Monroe County Transportation
1100 Simonton Street 1-190
Key West, Florida 33040
In the event that different representatives are designated by either party after execution of
this Contract, notice of the name and address of the new representative will be rendered in
writing to the other party and said notification attached to originals of this Contract.
This contract and its attachments contain all the terms and conditions agreed upon by the parties,
hereto.
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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
Commissioners Guidance/Care Center, Inc., a Florida
501c3 not-for-profit corporation
[Agency/Operator Name ] [ Coordinator Name]
Michelle Coldiron Frank Rabbito
Typed/Printed Name of Authorized Typed/Printed Name of Authorized
Individual Individual
5/4/2021
Mayor 05.19.2021 COO
Title Date Title Date
rOtt
di!11Ia QM
Signature Signature
Executed Pursuant to authority under
Resolution WCGCC 2021-01
'NAOE CO ATTORNEY
ROVE FORM
P A
AS NTV ATTORNEY a
Date 5/5/21
' AlJ
ATTEST: Kevin Madok, Clerk ;.
By: ,,., Ot/,. 1 [/ ai
A Deputy Jerk
-8-
ATTACHMENT I
AGENCY/OPERATOR CONTRACT
SERVICE DESCRIPTION
1 . The Agency/Operator will be able to provide: (type of service)
Ambulatory and wheelchair service, paratransit
Z The Agency/Operator will be available to provide transportation (schedule)
Monday - Friday 8 AM to 5 PM
3. Days Agency/Operator will not be able to provide services:
Service will not be provided on Saturday and Sunday or County holidays
4. Vehicles Agency/Operator will use to transport all passengers(fleet list-if list does not
fit in this section, please attach a separate sheet—please also include number of seats and
w1c capacity) See Attached List
5. Vehicle/Equipment Standards
Air Conditionin?, first aid kit, fire extinguisher, warning triangles, 2 way radios, bodily fluids kit,
w tie downs for c accessible vehicles.
6. Driver Requirements
License type depended on FL DOT requirements, 3 year clean driving record, CPR & First
Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and
requirements illustrated throughout contract)
7. Training
Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and
biennial driver physicals, ADA training (see FAC 41-90 and requirements illustrated
throughout contract)
8. Reporting Requirements
Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by
CTC)
9. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows:
1st Priority - Medical (Medical reasons include trips to treatment, the doctor,
dentist, chiropractor, the hospital and to purchase prescriptions.)
2nd Priority— School/Day Care
V Priority - Other (Other includes transport for the purpose of conducting personal
business. -i.e. shopping, going to the bank...
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ATTACHMENT 11
The Commission for the Transportation Disadvantaged
Standards and Performance Requirements
Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation
Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged
by the Community Transportation Coordinator shall adhere to Commission approved standards.
These standards shall include:
(a) Drug and alcohol testing for safety sensitive job positions within the coordinated system
regarding pre-employment, randomization, post-accident, and reasonable suspicion as
required by the Federal Highway Administration and the Federal Transit Administration;
(b) An escort of a passenger and dependent children are to be transported as locally negotiated
and identified in the local Transportation Disadvantaged Service Plan;
(c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of
such device in the local Transportation Disadvantaged Service Plan;
(d) Passenger property that can be carried by the passenger and/or driver in one trip and can
be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at
no additional charge. Additional requirements may be negotiated for carrying and loading
rider property beyond this amount. Passenger property does not include wheelchairs, child
seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices;
(e) Vehicle transfer points shall provide shelter, security and safety of passengers;
(f) A local toll free phone number for complaints or grievances shall be posted inside the
vehicle. The local complaint process shall be outlined as a section in the local
Transportation Disadvantaged Service Plan including, advising the dissatisfied person about
the Commission's Ombudsman Program as a step within the process as approved by the
Local Coordinating Board;
(g) Out of service area trips shall be provided when determined locally and approved by the
local Coordinating Board, except in instances where local ordinances prohibit such trips;
(h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged o
broken seats, protruding metal or other objects or materials which could soil items placed�in
the vehicle or provide discomfort for the passenger;
(i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be
determined locally by the local Coordinating Board and provided in the local Transportation
Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to
subcontractors, after receipt of said payment by the Community Transportation Coordinator,
except in instances where the Community Transportation Coordinator is a non-
governmental entity;
Passenger/trip database must be maintained or accessible by the Community
Transportation Coordinator on each rider being transported within the system;
(k) Adequate seating for paratransit services shall be provided to each rider and escort, child,
or personal care attendant, and no more passengers than the registered passenger seating
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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 of the Rule, and
providing service within the coordinated system, shall be equipped with two-way
communications in good working order and be audible to the driver at all times to the base.
All vehicles that are not equipped with two-way communications shall have two years to be
in compliance after the adoption date of this section of the Rule;
(o) All vehicles ordered or put into service after the adoption of this section of the Rule, and
providing service within the coordinated system, shall have working air conditioners and
heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be
scheduled for repair or replacement as soon as possible. All vehicles that are not equipped
with an air conditioner shall have two years to be in compliance after the adoption date of
this section of the Rule;
(p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged
Service Plan; and Cardiopulmonary Resuscitation shall be determined locally and provided
in the local Transportation Disadvantaged Service Plan.
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