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Item D05i Louis LaTorre, Social Services Director BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _Febn. as 19-20. 2003 Division: Community Services Bulk Item: Yes X No Department: Social Services/Transportation AGENDA ITEM WORDING: Approval of an application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses. ITEM BACKGROUND: The application, if approved by the Federal Transit Administration, would purchase two transportation buses with funding coming from the Federal Funds for $84,156, state funds $15,844 and county match of $15,844. These vehicles would replace two existing aging buses in the transportation fleet. PREVIOUS REVELANT BOCC ACTION: At the January BOCC meeting the board approved Mr. Roberts to sign this grant application. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval of Agreement TOTAL COST: $114,420.00 (est) BUDGETED: Yes X No COST TO COUNTY: $11,442.00 (est) SOURCE OF FUNDS: Program Budget Account #102-61505-560640 & FDOT 5310 Grant REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty N/A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION: OMB/Purchasing N/A Risk Management N/A 7 1 / ) (James E. Malloch) Included X To Follow Not Required AGENDA ITEM # Revised 2/27/01 Checklist for Application Completeness: Section 5310 Name of Applicant: Monroe County Board of County Commissioners Check One: First Time Applicant_ Previous Applicant X The following must be included in Section 5310 grant applications in the following order: X This Checklist X Applicant's cover letter and 2 copies of the governing board's Resolution. X Application for Federal Assistance (Form 424, Code 20.513) X Operating and Administrative Revenue Form X Current Vehicle and Transportation Equipment Inventory Form X Capital Request Form X Exhibit A: Current System Description X Exhibit A-1: Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing notice and Publisher's Affidavit (for public agencies only.) X Exhibit D: Coordination X Exhibit E: N/A X Exhibit F: Federal Certifications and Assurances X Exhibit G: Certification of Equivalent Service (if grant is for non -accessible vehicles) X Exhibit H: Applicant Certification and Assurance to FDOT. Date submitted to local Clearinghouse: January 22. 2003 47 CAC3310.1DOC �4 -_i UNTY o MONROE" KEY WEST rLORIDA 33040 O0 (305) 294-464 i I Transportation Dept. 1 100 Simonton St. Rm 1-131 Gato Building lies" West. Fl 33040 ;()�-N2-4422 Phone 30�-292- l� l 1 Fax BOARD OF COUNTY COMMISSIONERS -,, �� Mayor Dixie M. Spenar, District 1 !Ilion Mayor Pro Tern Murray E. Nelson, District 5 t. George Neugent, District 2 fil Charles "Sonny" McCoy, District 3 David P. Rice, District 4 COVER LETTER S T ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION GRANT APPLICATION Monroe County Board of County Commissioners submits this Application for the Section 5310 Program Grant and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in this Checklist for Application Completeness. Monroe County Board of County Commissioners further agrees, to the extent provided by law (in case of a government agency in accordance with Sections 129.07 and 768.28, Florida Statutes) to indemnify, defend and hold harmless the Department and all of its officers, agents or employees from any claim, loss, damage, cost, charge, or expense arising out of the non- compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application. This application is submitted on this 22"d day of January, 2003 with two (2) original resolutions or certified copies of the original resolution authorizing James L Roberts County Administrator to sign this Application. Board of County Commissioners �l By: Date: Title: County Administrator STATE OF FLORIDA, ss. COUNTY OF MONROE I HEREBY CERTIFY that the foregoing copy is a true copy of an Excerpt from the Board of County Commissioners Minutes enacted by the Board of County Commissioners of Monroe County, Florida at a meeting of said Board duly held on the 15th day of January, A.D. 2003, filed in my office. WITNESS my hand and official seal this 21st day of January, A.D., 2003. (SEAL) Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners Monroe County, Florida B �. Deputy Clerk 01 / 15/2003 2003; S not provided services per the Scope of Work in their Contract. which constitutes a material breach of the Agreement, and granted approval to enter into a month to month Agreement with Ace Building Maintenance at a cost of $9,600 per month until the service can be re -advertised for formal bids. Board granted approval to remove surplus equipment from inventory via advertising, removal, and disposal. Said list is incorporated herein by reference. Board authorized the County Administrator to sign the application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration to purchase two transportation buses. The submitted grant application will be included on the February Agenda for BOCC's review and ratification. Grant submission deadline requires this action. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe Countv and Islamorada, Village of Islands allowing for an additional $125,142 towards the construction of an Amphitheater at Founders Park, DAC IV, FY 2003 Capital Project Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Gay and Lesbian Community Center covering Pridefest 2003 on June 8-15, 2003 in an amount not to exceed $23, 610, DAC 1, FY 2003 Event Funding. Board granted approval and authorized execution of an Amendment to Bailment Agreement between Monroe County and the Key West Art & Historical Society, Inc., to extend Agreement for an additional two years. DIVISION OF PUBLIC WORKS Board granted approval and authorized execution of a Interlocal Agreement for the Rehabilitation of the Boot Key Harbor Bridge between Monroe County and the City of Marathon. AIRPORTS Board granted approval to terminate month -to -month Lease Agreement. as amended, with Tango One Flight Academv at the Florida Kevs Marathon Airport based on a letter to the Marathon Airport Manager ,,dated 12/10/02) stating that they would cease to operate as of that date. Board granted approval and authorized execution of an Agreement Extension between Monroe Countv and S_vna`,ro Southeast, Inc. for the operation and maintenance of the Marathon Airport Terminal Sewage Treatment Plant, for a period of three years, effective December 1. 2002, at a cost of S6,555.78 for the first year and an adjustment annually in accordance with the percentage chany-e in the Consumer Price Index. OMB Aooroval No_ 03dA-0nAn APPLICATION FOR 2. DATE SUBMITTED Applicant dentrher FEDERAL ASSISTANCE - 1 TYPE OF SUBMISSION. 3, DATE RECEIVED BY STATE State Application Identifier Application Preapp icahon Constmaton Constniction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non-COnstruCtion X NonfConstnrctdn 5. APPLICANT INFORMATION Legal Name Q'yanRaeonal ln/n Monroe County Board of County Commissioners Social Services Transportation Address (give city, county. state and no code) Nang and telephone ntarber of person to be contacted On rreffers vrnoMng 1100 Simonton St. Rm 1-181 dts application, (give ania code) Gato Building Jerry L. Eskew Key West, Florida 33040 305-292-4425 6. EMPLOYER IDENTIFICATION NUMBER (EINI 7. TYPE OF APPLICANT: (enter appropriate letter in ndg B 59-6000749 state H. Independent School Dtst. 8. TYPE OF APPLICATION: B. County I. State Conmolled Institution of Figher Learning New Continuation Revision C. Municipal J. Private University D. Township K. Indian Tribe If Revision, enter appropriate Lefferts) in bot<(es) E. Interstate L. Individual F. Intenlaficipal M. Profit Organmtion A. Increase Award B. Decrease Award C. Increase Duration D. Special District N. Other (Specify) D. Decrease Dun nion Other 9. NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT. I� ASSISTANCE NUMBER: 20 513 Paratransd vehicle Bus Body -On -Chassis TITLE Federal Transa Adnanistiation Section 53 10 Program 12. AREAS AFFECTED BY PROJECT (cores, counties. states etc.) Monroe County 13 PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Stan Date Ending Date a. Applicarn p. pro�q 09/03 106/04 20th Con ressional District 20th Congressional District 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 91,536.00 a. YES THIS PREAPPLICATION APPLICATION WAS MADE AVAILABLE TO TFE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON Date b. NO PROGRAM IS NOT COVERED BY E O 12372 b. Apocant $ 11,442.00 c. State $ 11,442.00 d. Local $ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other $ 1 Program Income $ 17, IS THE APPLICANT DELINI ENT ON ANY FEDERAL DEBT? YES If 'Yes- attach an e)rplanation NO g. TOTAL $ 114,420.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREAPPLtCATION ARE TRUE AND CORRECT. TFE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF TFE APPLICANT AND TFE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF TFE ASSISTANCE IS AWARDED a. Typed Name of Auingnsd Representative D. Tile A L —11 111 , ( c. Telephone number James Roberts �, Coun Administrator 305-292 4441 d. Signature of Autbons Representative a. Date Sgneo revwua c rt— rat tisane Standard Fonn 424 (REV 4-88) Pmscnbed by OMB Circular A-102 Authorized for Local Reproduction -2CVEC A; T 4L SUF", - %� / �-. G2` ✓ 17 AFA5310-2003 TRANSPORTATION -RELATED OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant Organization lone county, 801 of cowry commswwn Dale Completed 1/17/03 Fiscal Period From 10/01/03 to 09/30/2004 Budget (estenated) based on FY 2003 Budget TOTAL EXPENSE OPERATING REVENUES I TOTAL REVENUE (AN Applur a) Passenger Fares for Transit Services 401 25,000 Special Transit Fares f402 55,000 School Bus Service Revenues 403 Freight Tari fs 404 Charter Service Revenues 405 Auxiliary Transportation Revenues 406 Non -Transportation Revenues 407 Total Operating Revenues 80,000 OTHER REVENUES Taxes Levied Direct)y by Transit S tem 408 Local Cash Grants and Reimbursements 4 933,404 Local Special Fare Assistance 410 State Cash Grants and Reimbursements 50,400 State Spec Fare Assistance 412 Federal Cash Grants and Reimbursements 413 Interest Income 414 Contributed Services 415 Contributed Cash 416 Subaldv from Other Sectors of O erations 440 Total of Other Revenues $ 983,804 GRAND TOTAL REVENUES $ 1,063.804 24 OAE5310-2003 O I0 ClO LL ❑ i Q ❑ ❑ To Oj N N N ry N Z 7 W > U v N _Z Ln Z Z w o O Y N a r QZ LLI w m W W M m a Za: c o 0o N rm- V O;- N N N O W F- z a a LLl W j LL Y O rn m} Y F a. 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LL LL O r Z z a m w r} a a U a LL O a. � !n N N N N W LL N N N 2 2 0 Z LL, a W J J J H H z J d 0 0 0 0 0 x U~ W W W W W = a a a a a W Y ❑ ❑ ❑ O O > LL LL LL LL LL F- Z C V 10 O W Y m m m O O W a U Y T Y T a D Z U p Z Z Z Z r Z 0 0 0 0 0 LL U U U U LL 2 c c D o U m m m o 0 O lD D D M = O a M O O O O O F O p O O O �yJ O O (D O 1� N M M n '- Nw co a M 'Cf In lD r `7 to S In Z M LC) M w a U n M ❑ 2 W 6l a a H } W X C X D J LL LL LL U n o in iD 2 M M M C V W W W W W W > ❑ Z O ❑ ❑ LL LL LL LL LL N N n m a N (D cD M Y Y Y Y i LL a a In ^ O oI �ol0�0�Co C, 0 N 0 o v x o p O O O 0 0 0 0 N N N N N N O w w w w LL m V lA S m 0 a m m m m m O} } } } Y T Y LL LL LL LL LL LL LL X 1- X a (n N V7 N 0 LL O O O O O a N N N N N N ❑ 2 W W W W W-q U !- !- H F- H W m W W w W w a Lu a a a a a Z a Y }Y�DZ Z Z Z Z Z F7 D� Z) M� OO 0 0 0 0 0U UU U U U >-1>"I>' LL m a v x m o .- m m m m m o 0 O V CO O In M N O N N N S O - O - O LO O O InMIDO M M O pO OMofM MM MI-- lu, ID ID zr T V x M m M S pcl U Q o 2 2 U 2 (b U- D S M M O W M M W W lA V w w ❑ w � ❑❑ O Q z O LL LL LL LL LL LL tD cD rf � IA Cl m a cD N N O -y CAPITAL REQUEST VEHICLE REQUEST FTA GMIS Code Number of Vehicles Requested Options Sources of Fundinq Estimated Cost 5310 5311 Either 11.12.04 2 Paratransit Equipped with X $114,420.00 11. 5 Wheelchair positions 11. 11. 11. 11. VEHICLE SUBTOTAL [:$_7_:l 14,420.00 OTHER CAPITAL REQUEST FTA GMIS Code Quantity Brief Description Sources of unding Estimated Cost 5310 5311 Either 11. 11. 11. 11. 11. 11. OTHER CAPITAL SUBTOTAL VEHICLE SUBTOTAL $114,420 + OTHER CAPITAL SUBTOTAL $ X 80%= Federal Request $ 91,536 31 CA5310-2003 EXHIBIT A Overview Monroe County Transportation provides paratransit service to the elderly, handicap and transportation disadvantaged citizens of Monroe County. The three geographical service areas are Lower Keys, (Key West) from mile marker 0 to 40, Middle Keys (Marathon Key) from mile marker 47 to 72, and Upper Keys (Plantation Key and Key Largo) from mile marker 73 to 112. Fleet Size All seventeen paratransit vehicles are wheelchair equipped. The fleet is based as follows: Seven vehicles in the Lower Keys, Five vehicles in the Middle Keys, and Five vehicles in the Upper Keys Routes There are four routes assigned to the Lower Keys, two routes for the Middle Keys and three routes for the Upper Keys. Hours of Operation Monday through Friday 7:00 AM to 6:00 PM (excluding County Holidays) Staffing Transportation Administrator, Administrative Assistant, Special Needs Coordinator, One Dispatcher, One Reservationist, One Scheduler, One Regional Transportation Specialist with CDL Class D License and Nine CDL Class B Licenses Transportation Drivers with Passenger and Airbrake Endorsements and up to nine On Call Substitute Transportation Drivers with CDL Class D or B Licenses. Ridership 64% Elderly 60 years or older 36% Transportation Disadvantaged of those two categories 18% are wheelchair Vehicle Maintenance Fully staffed maintenance facility with a recognized preventative maintenance program. Single Audit Act Attached is the Single Audit Act, and a copy of the latest completed audit. EXBA5310.DOC MONROE COUNTY TRANSPORTATION EXHIBIT A-1 -- FACT SHEET October 1, 2001 - September 30. 2002 1. Number of one-way trips provided to elderly and persons with disabilities (E&D) PER YEAR CURRENTLY 42.222 IF GRANT IS AWARDED 48.000 2. Number of individual E&D served (unduplicated) PER YEAR 1.280 1.600 3. Percentage of E&D needing wheelchair positions AVERAGE 15 7% 20 00/1C 4. Number of vehicles used to provide service AVERAGE 16 T 16 5. Number of ambulatory seats AVERAGE 158 174 6. Number of wheelchair positions AVERAGE 41 47 7. Vehicle miles traveled PER YEAR 378,370.9 400.000.0 8. Average vehicle miles PER DAY 1.576 1,667 9. Normal number of days in operation PER WEEK 5 5 10. Normal hours of vehicle operation PER DAY 11 11 11. Trip length AVERAGE 9.64 &50 EXHIBIT B PROPOSED PROJECT DESCRIPTION The awarded funds will be used to replace one aging 1993 Ford 12 Passenger Bus Vin #1 FDKE30M6NHB57373 and one aging 1994 Ford 8 Passenger Vin # 1 FDJE37MXRHA38474 with two bus body on chassis vehicles (diesel). The replacement vehicles will provide our clients with dependable transportation and reduce the high repair and maintenance associated with high mileage vehicles. As always, the new vehicles would be placed on the County preventative maintenance plan. The Regional Transportation Specialist will be continuing the rigorous outreach program that includes a wide spread mail out targeted at the elderly, handicapped transportation disadvantaged, welfare to work and education/training of our existing clients. We continue to educated elderly Special Needs clients regarding the Monroe County Paratransit services throughout Monroe County as well as Ocean Reef. Monroe County is prepared to evacuate elderly and handicapped should there be danger from the Turkey Point Nuclear Power Point. 1/17/03 8:28 AM EXBB5310-2003 Required for: Section 5310 Section 5311 and 5311 (f) Exhibit C, Attachment 1 Public Notice All interested parties within Monroe County are hereby advised that Monroe County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 (and/or Section 5311) of the Federal Transit Act of 1991, as amended, for the purchase of Paratransit equipped vehicle to be used for the provision of public transit services within Monroe County. A Public Hearing has been scheduled at 10:00 AM on January 15 2003 at the Harvey Government Center Key West, for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by (two days prior to the scheduled hearing). Requests for a hearing must be addressed to Monroe County Board of County Commissioners 1.100 Simonton St Key West FI. 40 SPN5310.DOC EXHIBIT Attached is the year 2002-03 Standard Coordination/Operator Contract. Effective: 07/01/02to 06/30/03 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINATOR THE GUIDANCE CLINIC OF THE MIDDLE KEYS. designated pursuant to Chapter 427, F.S.. to serve the transportation disadvantaged for the community that includes the entire area of MONROE county, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective JULY 1. 2002. and will continue through JUNE 30. 2003. WHEREAS. the Coordinator is required, under Rule 41-2.011, F.A.C.. when cost effective and efficient. to enter into contract with a transportation Agency/Operator to provide transportation services: and WHEREAS. transportation disadvantaged funds includes any local government. state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS. the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged: and WHEREAS. the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator: anc 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 her parties agree as follows: ein, the 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 I. C. Ever., three (3) months. submit to the Coordinator a Quarterly Year to Date Operating Report (frcm the Annual Operating Report) detaiiing demographic, operational and financial data regarding coero;natien activr,!es in the designated service area. The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged. hereinafter Commission, and according to .",e instrucrons for the forms. D. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium Model Uniform Accounting S stem for Rural and Specialized Transoortation 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., concerninStem Safety or complying with Chapter 234.051, F.S., regarding school bus Safety requi emen s 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. 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 v consent of the recipient, or his/her responsible parent or 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 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 I prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. C. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits y 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 adopt6d under the above statutes. g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Agency/Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, subgrantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims, cost (including legal fees). and expenses associated with the services provided under this contract arising out of the negligent acts of the Agency/Operator. THE COORDINATOR SHALL: A. Recognize the Agency/Operatoe 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, 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 maybe 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 e t Memorandum of Agreement, this Contract is terminated immediately upon notih Commission does not accept and approve any contracted transportation rates listed within the h Agency/Operator. Notice shall be delivered by certified mail, return receipt reqfication to person, with proof of delivery. Notice shall be effective upon receipt. uested, or 4. Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be'a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordinator's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason. the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto. E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator. F. This Contract is the entire agreement between the parties. G. Attachments I and II are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature. H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Maureen Grynewicz Guidance Clinic of the Middle Keys 3000 415t Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 Contract. notice of the name and address of the new representative will be In the event that different representatives are designated by either party after execution of this rendered other party and said notification attached to originals of this Contract. in writing to the This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERATOR: Monroe County Board of County Commissioners [ Agency/Operator Name Charles "Sonny" McCoy I yped/Printed Nap3e of Authorized Individual �I Signature t Mayor/Chairman Title July 17, 2002 APPROVED AS TO FORM AND L SUFFI 1 CY BY ZAN DATE k! (SEAL) HY L CL IM --- Y DE- T ' LERK COMMUNITY TRANSPORTATION COORDINATOR Guidance Clinic of the Middle Keys [ Coordinator Name] David P. Rice, Ph.D. Typed/Printed Name of Authorized Individual 2 ignature Chief Executive Officer t Me ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1 • The Agency/Operator will be able to provide: Ambulatory and wheelchair service, paratransit 2• The Agency/Operator will be available to provide transportation Monday thru Friday, 7:00 am to 6:00 pm Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 3• Vehicles Agency/Operator will use to transport all passengers See attached listing of vehicles 4• Vehicle/Equipment Standards (if any) Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios 5• Driver Requirements (if any) All drivers are required to have a CDL B drivers license with airbrake and passenger endorsements. Drivers are required to pass physicals and drug tests 6. Training All drivers are trained prior to being released to drive. 7• Agency/Operator' fare structure $5.70 per person per one way trip and $0.31 per mile per trip outside designated service areas. Monroe County Social Services will pay a $0.20 administrative fee per one way trip to the CTC. $• Billing/Invoicing and Reimbursement procedure for Agency/Operator Monthly invoices, quarterly operating reports 9• Reporting Requirements Monthly invoices, quarterly operating reports ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from'whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre- employment, randomization, post -accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (� A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non -governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles. adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no 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 associatf 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 identificatior 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 (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. Federal Register / Vol. 67, No. 205 / Wednesday, October 23, 2002 / Notices 65183 Appendix A FEDERAL FISCAL YEAR 2003 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) AFFIRMATION OF APPLICANT Name of Applicant: MONROE. r•OUNTY ctnrRLl._(1F—COXI11Ty f•QMM1ggrnNrRS Name and Relationship of Authorized Representative: JAMES L . ROBERTS, COUNTY ADM IN I STRATC BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicants compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and Federal requirements applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2003. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2003. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 19$6, 31 U.S:C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part `31 apply to any certification, assurance or submission made to FTA The criminal fraud provisions of 18 U.S.C.1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certifkation, assurance, or submission made in connection with any other program administered by FTA In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by mew behalf of the Applicant are true and correm �tG7 il✓� Name JAMES L. ROBERTSI COUNTY ADMT Authorised Representative of Applicant AFFIRMATION OF APPLICANTS ATTORNEY For (Name of Applicant): MONROE COUNTY BOARD OF COUNTY Date: 2-1 / U APPROVED AS TO FORrr AND LEGAL SUFF N 9-1 BY ANNE �H?TTO> COMMISSIONERS As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. 1 further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the proJe- Signature Date: v 3 Name A A. HUTMN Attorney for Applicant Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) asistaoce) and each FTA Grantee wiRh an active capital a formula in lieu must provide as Ar6tmirr a of Applicant's Attotaey t�i�g to tba Appfitlt's legal capacity. The Appiicoat may enter ita sigm eve in lieu of the Attornry's signature, provided the Applicant has on file this An$snstion, tign'ad by the anomay and dated this Federal fiscal year. 1FR Doc. 02-26975 Filed 10-22-02: 8:45 am) BLUNG CODE "16-67vC Appendix A FEDERAL FY 2003 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM -web) Name of Applicant: Monroe County Board of County Commissioners The Applicant agrees to comply with applicable requirements of Categories 1-16. X (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: Cat_ Description 01. Required of Each Applicant 02. Lobbying 03. Private Mass Transportation Companies 04. Public Hearing 05. Acquisition of Rolling Stock 06. Bus Testing 07. Charter Service Agreement 08. School Transportation Agreement 09. Demand Responsive Service. 10. Alcohol Misuse and Prohibited Drug Use. 11. Interest and Other Financing Costs. 12. Intelligent Transportation Systems Program. 13. Urbanized Area, JARC, and Clean Fuels Programs. 14. Elderly and Persons with Disabilities Program. 15. Nonurbanized Area Formula Program. 16. State Infrastructure Bank Program. (Both sides of this Signature Page must be appropriately completed and signed as indicated.) 1/16/03 3:21 PM 33 FFCA53 I OappendixA-2003 EXHIBIT G CERTIFICATION FOR AGENCIES REQUESTING NON -ACCESSIBLE VEHICLES. If the applicant wants to purchase non -accessible vehicles for demand responsive service, the following "Certification of Equivalent Service" must be completed and included in the application. E �j The Monroe County Board of County Commissioners certifies that it's demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: 1. Response time; 2. Fares; 3. Geographic service area; 4. Hours and days of service; 5. Restrictions on trip purpose; 6. Availability of information and reservation capability; and 7. Constraints on capacity or service availability. In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under 49 U.S.C. 5310 and 5311 of the Federal Transit Administration (FTA) funds must file this c!rtification with the appropriate state program office before procuring any inaccessible vehicle. Such public appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds shall also file the certification with the appropriate state office program. Such public entities receiving FTA funds under any other section of the FTA programs must file the certification with the appropriate FTA regional office. This certification is valid for no longer than one year from its date of filing. Executed this Z day of APPROVED AS TO FO M AND L 5UFFI-1c: C t, r,NNi= : TTON James L Roberts County Administrator Signature 1/16/03 4:28 PM 1 33 ExhibitG-2003 APPLICANT CERTIFICATION AND ASSURANCE TO FDOT To be completed and signed by an individual authorized by the governing board of the applicant agency and submitted with the grant application. COMMISSIONERS The MONROE COUNTY BOARD OF COUNTY Cerd{1eS and assures to the Florida Department of Transportation in regard to its App"; Z n for Assistance under U.S.C. Section 5310 dated - 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) ft shall Code. comply with Section 341.051 Florida Statutes and Chapter 14-73 Florida Administrative 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local is funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain; repair, or replace project vehicles/equipment in the event of loss or damage due to an acciderrt or casualty. 6) , n Mil maintain project vehides/equipment in good working order for the useful fife of the vehides/equipment 7) It will return project vehides/equipment to the Department 9, for any reason, they are no longer • needed or used for the purpose intended 8) It recognizes the Departmerift authority to remove vehicles/equipment from its premises, at no cost to the Department, If the Department determines the vehkkWequipnwnt are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. v 9) It will not enter into any lease of project vehiclWa dpment or contract for transportation services with any third party without prior written approval of the Department 10) It will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department 11) It will submit an annual financial audit report to the Departmenrt, if required by the Department Date: /Z / r/ 0 '�> Signature: a-��11 JAMES L. ROBERTS ,gLT1�6p- COUNTY ADMINISTRATOR -'OVED AS TO ORM AL SUF CY ZANN A. UTTON / a/_ 23