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01/14/1998 nlannp I.. Itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services FROM: Attn: Jerry Eskew, Director Transportation Isabel C. DeSantis, Deputy Clerk ~. C.D. Date: January 22, 1998 At the January 14, 1998 Commissioner's meeting, the Board granted approval for the filing of an application for Federal Assistance between Monroe County the applicant and the Federal Administration for Financial Assistance to purchase two transportation buses. Enclosed is a fully executed duplicate original of the above Application for your handling. Should you have any questions, please do not hesitate to call. cc: County Attorney County Administrator, w/o document Finance vFile BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/14/98 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: This application, if approved by the Federal Transit Administration, would purchase two transportation buses with funding coming from the Federal funds for $78,400.00, state funds $9,800.00 and county match of $9,800.00. These vehicles would replace two existing aging vans in the transportation fleet. PREVIOUS RELEVANT BOCC ACTION: None. STAFF RECOMMENDATION: Approval. TOTAL COST: $ 98,000.00 BUDGETED: Yes...x.- No COST TO COUNTY: $ 9,800.00 REVENUE PRODUCING: YES NO AMT. PER MONTH $ APPROVED BY: County Atty~ OMB/Purchasin~ YEAR $ DIVISION DIRECTOR APPROVAL: Rj~ X~ Pe er J. Horton DOCUMENTATION: Included: X To Follow: Not Required:_ DISPOSITION: Agenda Item #: Checklist for Application Completeness: Section 5310 Name of Applicant: Monroe County Board of County Commissioners The following must be included in Section 5310 grant applications in the following order: X Application for Federal Assistance (Form 424, Code 20.513) X Operating and Administrative Expenses Form X Operating and Administrative Revenue Form X Current Vehicle Inventory Form X Capital Request Form X Exhibit A: Current System Description X Exhibit A-1: Data Information Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing X Exhibit D: Coordination X Exhibit E: Single Audit Act X Completed Certifications and Assurances for FY 1998 Certification of Equivalent Service (if non-accessible vehicles are requested) X Have copies of this application been submitted to the local clearinghouse agency? Date submitted to local Clearinghouse: 1/2/983:40 PM 47 CAC5310.DOC OMB Approval No. 0348-0043 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE state Application Identifler AppNcation PreappMcation Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non-Construction 5. APPUCANT INFORMATION Non-Construction Legal Name Monroe County Board of County Commissioners Organizational Unit Social Services Trans ortation Address (give city, county, state and zip code) 5100 College Road Wing III, Public Service Building Key West, Florida 33040 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Name and telephone number of person to be contacted on matters invoMng this application (give area code) Jerry L. Eskew 305-292-4425 7. TYPE OF APPLICANT: (enter appropriate letter in box) B 59-6000749 A. State H. Independent School Disl. 6. TYPE OF APPLICATION: New Continuation Revision B. County C. Municipal D. Township L state Controlled Institution of Higher Learning Private University K. Indian Tribe If Revision, enter appropriate LeUer(s) in box(es) E. Interstate L. Individual B. Decrease Award C. Increase Duration F Inlermunicipal D. Special District M. Profit Organization A. Increase Award N. other (Specify) D. Decrease Duration Other 9. NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 20 513 Paratransit vehicle Bus Body-On-Chassis TITLE Federal Transit Administration S8Ction 5310 Program 12. AREAS AFFECTED BY PROJECT (cities, counties, states etc.) Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 15. ESTIMATED FUNDING a. Federal $ b. AppNcant $ c, State $ d. local $ e. other $ f. Program Income $ g. TOTAL $ 20th Congressional District 20th Congressional District 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECllTlVE ORDER 12372 PROCESS? 78,400.00 9,800.00 a. YES THIS PREAPPLlCATION. APPLICATION WAS MADE AVAILABLE TO THE STATE EXECllTlVE ORDER 12372 PROCESS FOR REVIEW ON 9,800.00 Date b. NO PROGRAM IS NOT COVERED ey E 0 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17. IS THE APPLICANT DELINQUENT ON />NY FEDERAL DEBT? YES If "Yes" attach an explanation NO 98,000.00 18 TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AlITHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED c. Telephone number 292-4512 e. Date Signed 01- 14- 98 Standard Form 424 (REV 4-88) Prescribed by OMB Circular A-1 02 Authorized for Local Reproduction (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By4Jo~8. a)J~ DEPUTY CLERK - AFA5310XLS 17 Checklist for Application Completeness: Section 5310 Name of Applicant: Monroe County Board of County Commissioners The following must be included in Section 5310 grant applications in the following order: X Application for Federal Assistance (Form 424, Code 20.513) X Operating and Administrative Expenses Form X Operating and Administrative Revenue Form X Current Vehicle Inventory Form X Capital Request Form X Exhibit A: Current System Description X Exhibit A-1: Data Information Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing X Exhibit 0: Coordination X Exhibit E: Single Audit Act X Completed Certifications and Assurances for FY 1998 Certification of Equivalent Service (if non-accessible vehicles are requested) X Have copies of this application been submitted to the local clearinghouse agency? Date submitted to local Clearinghouse: 1/2/983:40 PM 47 CAC531O.DOC OMS Approval No. 0348-0043 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Applcation Identifier Application Construction Preapplication Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non..construction 5. APPUCANT INFORMATION ~Construction Legal Name Monroe Coun Board of Coun Commissioners Organizational Unit Social Services Transportation Address (give city, COl.J'lty, state and zip code) 5100 College Road Wing III, Public Service Building Key West, Florida 33040 6. EMPLOYER IDENrlFICATION NUMBER (EIN): Name and telephone number of person to be contacted on matters invoMng this application (give area code) Jerry L. Eskew 305-292-4425 7. TYPE OF APPLICANT: (enter appropriate letter in box) B 59-6000749 A. State H. Independent School Dist. I. State Controlled Institution of Higher Leaming 8. TYPE OF APPLICATION: New Continuation Revision B. County C. Municipal D. TO'Mlship J. Private University K Indian Tribe If Revision, enter appropriate Letter(s) in box(es) E. Interstate L. Individual F Inlermunicipal M. Profit Organization N. other (Specify) A Increase Award B. Decrease Award C. Increase Duration D. Special District D. Decrease Duration Other 9. NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEOERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 20 513 Paratransit vehicle Bus Body-On-Chassis TITLE Federal Transit Administration S&etion 5310 Program 12. AREAS AFFECTED BY PROJECT (cities, counties, states etc.) Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL OISTRICTS OF Start Date Ending Date a. AppHcant b. Project 15. ESTIMATED FUNDING 20th Con ressional District 20th Congressional District 18. IS APPLICATION SUBJECT TO REVIEW ey STATE EXEcvnVE ORDER 12372 PROCESS? a. Federal $ b. Applicant $ c. State $ d. Local $ e. Other $ f. Program Income $ g. TOTAL $ 78,400.00 9,800.00 a. YES THIS PREAPPlICATION, APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON 9,800.00 Date b. NO PROGRAM IS NOT COVERED BY E 0 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17 IS THE APPLICANT OELlNQUENT ON ANY FEDERAL DEBT? YES Jf'Yes" attach an explanation NO 98,000.00 18. TO THE BEST OF MY KNOWLEOGE AND BELIEF ALL OATA IN THIS APPLICATION PREAPPlICATION ARE TRUE ANO CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED c. Telephone number 292-4512 e. Date Signed 0/- /4- 98 standard Form 424 (REV 4-88) Prescribed by OMB Circular A-1 02 Authorized for Local Reproduction (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 8YJJo~~. !:L)J~ DEPUTY CLEIlK - AFA5310XLS 17 OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant Organization Monroe County Board of County Commissioners Date Completed 12/17/97 Labor 371,893.00 Fringe and Benefits 194,084.00 Services Materials and Supplies 9,270.00 Vehicle Maintenance 100,728.00 Utilities 10,000.00 Insurance 25,307.00 License and Taxes Purchased Transit Service Miscellaneous 51,290.40 Leases and Rentals 1,800.00 Depreciation 95,200.00 TOTALS 859,572.40 (a) TOTAL EXPENSE (All Applicants) ELIGIBLE EXPENSES (5311 & 5311 (f) Applicants) SECTION 5311 AND 5311 (f) GRANT REQUEST Operating Expenses Shared by FT A $ (a) Farebox Revenue $ (b) Operating Deficit (operating expenses less revenue) $ (c) Note: (a) - (b) = (c) Section 5311 Request (no more than 50% of Deficit) $ (d) GRAND TOTAL REVENUES $ 859,572.40 (e) (from Operating and Administrative Revenue form) Note: If Grand Total Revenues (e) exceeds Total Expenses (a), reduce Section 5311 (d) by that amount. 12/17/9711 :38 AM 24 OAE5310.XLS OPERATING and ADMINISTRATIVE REVENUE Name of Applicant Organization Monroe County Board of County Commissioners Date Completed 12/17/97 OPERATING REVENUES TOTAL REVENUE (All Applicants) REVENUE USED AS FTA MATCH 5311 Applicants/show exact amount Passenger Fares for Transit Services (401 ) Total = 20,000.00 Total Rural - 20,000.00 (b) Special Transit Fares (402) 20,000.00 School Bus Service Revenues (403) Freight Tariffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation Revenues (407) Total Operating Revenues $ 40,000.00 OTHER REVENUES Taxes Levied Directly by Transit System(408) Local Cash Grants and Reimbursements(409) 819,572.40 Local Special Fare Assistance (410) State Cash Grants and Reimbursements (411) State Special Fare Assistance (412) Federal Cash Grants and Reimbursements(413) Interest Income (414) Contributed Services (415) Contributed Cash (416) Subsidy from Other Sectors of Operations(440) Total of Other Revenues $ 819,572.40 GRAND TOTAL REVENUES $ 859,572.40 12/17/9712:05 PM 24 OAR5310.XLS "C CIl - CIl Q. :! 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'ii " o E III .c - .s ';( III C III Ql >- en c '(j III Q. :>. .c III - C III .... en ... III .c '0 ... o III :c - == 'i " III tJ III Q. III ... III .c " '3 o ~ '<t <0 <0 I'- <0 III :c a.. o ~ I'- ('") W ~ Cl LL ~ III :::J III -; Q; .c OJ - ai ~ III Qj lG c::i a.. :c N CD III - .... > "E III ~ ~ ~ c::i ..... :2 :.;:: III ii lJl ('") ~ :!2 ~ ~ ra a; N::I '0 "0 ~IIII-Z en ...J ~ o ...- t") LO LL :> () 0> N ~ <( co ...- 00 t- O> - ...- t") - N ...- CAPITAL REQUEST VEHICLE REQUEST FTA GMIS Code Number of Requested Options Sources of Funding Estimated Vehicles 5310 5311 Either Cost 11.12.04 2 Paratransit Equipped X $ 98,000.00 11. 11. 11. 11. 11. VEHICLE SUBTOTAL $ 98,000.00 OTHER CAPITAL REQUEST FTA GMIS Code Quantity Brief Description Sources of Funding Estimated 5310 5311 Either Cost 11. 11. 11. 11. 11. 11. OTHER CAPITAL SUBTOTAL VEHICLE SUBTOTAL $98,000 + OTHER CAPITAL SUBTOTAL $ X 80% = Federal Request $ 78,400 1/2/9811 :26 AM 31 CA5310.xLS EXHIBIT A Overview Monroe County Transportation provides paratransit service to the elderly 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 73, and Upper Keys (Plantation Key and Key Largo) from mile marker 74 to 112. Fleet Size All sixteen paratransit vehicles are wheelchair equipped. The fleet is based as follows: Eight vehicles in the Lower Keys, Four vehicles in the Middle Keys, and Four vehicles in the Upper Keys Routes There are four routes assigned to the Lower Keys, two routes for the Middle Keys and two routes for the Upper Keys. Hours of Operation Monday through Friday 8:00 AM to 5:00 PM (excluding County Holidays) Staffing Currently in a transitional stage becoming a centralized Dispatching and Reservation System. Transportation Director, Staff Assistant, Special Needs Coordinator, Three Dispatcher/Reservationist, two Regional Transportation Coordinators and Eight CDL Class B Transportation Drivers with Passenger and Airbrake Endorsements. Ridership 79% Elderly 60 years or older 21 % Transportation Disadvantaged of those two categories 16% are wheelchair Vehicle Maintenance Fully staffed maintenance facility with a recognized preventative maintenance program. 12/31/9712:32 PM EXBA5310.DOC EXHIBIT A-1 DATA INFORMATION FACT SHEET PART I-For Section 5310 applicants, Existing 1. Number of 1-way passenger trips Provided to the elderly and persons With disabilities (E & 0):** Year 35.000 2. Number of individual E & 0 persons Served: (unduplicated): Year 1.200 3. Number of vehicles used For this service: 16 4. Number of ambulatory Seats available: 166 5. Number of wheelchair positions: 32 7. Annual Vehicle Miles traveled: 205K 8. Normal Vehicle hours in operations: ( day) 8 hrs 9. Average trip length: 6 miles *Estimates are acceptable Expanded* New* 50,000 1,600 16 166 32 250K 8 hrs 5 miles **Definition of one-way passenger trip, see page 50. 12/31/978:15 AM 36 DIFS5310.DOC EXHIBIT B With the advent of a fully automated computerized centralized Dispatch and Reservation System, Monroe County Transportation expects to increase the number of trips and the unduplicated clients by 35% to 45%. The awarded funds will be used to replace two aging 1989 Ford High Top Vans(gasoline) Vin #1 FTHS34HXKHB4301 0 and Vin # 1 FTHS34H1 KHB43008 with two bus body on chassis vehicles (diesel). The replacement vehicles will provide us additional seating capacity and reduce the high repair and maintenance associated with a high mileage gasoline converted vans. As always, the new vehicles would be placed on the County preventative maintenance plan. The two Regional Transportation Coordinators will begin a rigorous outreach program targeted at the elderly and transportation disadvantaged. Employment and education/training will be also targeted. 1/2/983:34 PM EXBB531O.DOC Required for: Section 5310 Section 5311 and 5311 (f) Exhibit C, Attachment 1 Sample 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 eauipped vehicle to be used for the provision of public transit services within Monroe County. A Public Hearing has been scheduled at 9:00 AM on Januarv 14. 1998. 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 davs prior to the scheduled hearinQ). Requests for a hearing must be addressed to copy sent to and a 40 SPN531 o. DOC EXHIBIT D Effective: to STATE OF FLOIUDA CO!\.1MISSION FOR THE TRANSPORTATION DrSADV ANT AGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPURT A TION COORDINA TOR, Guidance Clinic of the ~1idd1e Keys designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of ~nr()f'> County(ies), and hereinafter referred to as the "Coordinator" and ''hnmo:::> ('[)llnry RnPlrn of C'rmnty Catmissioners , hereinafter refen'ed to as the" Agency/Operator" The terms and conditions of this Contract are effective January 1, 1998 and will continue through I)ecpJT1hpr 31. 1998 -WHEREAS, the Coordinator is required, under Rule 41-2, F.A.C., Contractual Arrangements, to provide and/or enter into where cost effective and effici ~nt; to enter into subcontract(s) or to broker transportation services to transportation operators; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, the Coordinator desire~ to ~untract with the Agency/Operator tor the provision of transportation services for the transportation disadvantC;1ged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the reSIdents uf the servIce an:~a 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 d'fon to ~ourdinate available resuurc~~, will make available transponation services to the: Courdinator. WHEREAS, this Contract allows for the prUV1SIUJ1~ uf transpunatwJI ~e:rv Ices be provided by the Agency/Operator, in ul.:~ordall~e with Chapter 427, F.S., Rule 41-2, SInndnru CO\lrUIn~II\lIVVpcrDIO( \.ornrD~1 Ilonn 1 "r F.A.C., and the most current Community Tnm~purtation Coordinator policies. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: THE AGENCY/OPERA TOR SHALL: A. Ptovide services and vehicles according to the conditions specified in Attachment 1. Payment for services shall be made accordinq to attachment .1.. B. Coordinate available resources and make available transportation 'iervices to the Coordinator. Such services shall be provloed in accordance with Attachment 1. C. Every three (3) months, submit to the Coordinator a Quanerly Yeur to Date Operating Report (from th~-; Annual Operating Report) detailing demographic, operational and financial data regarding coordination actIvities in the desIgnated service area. I n~ n:purt shall be prepared on forms provided by the Commission for the Transponation Disadvantaged, hereinafter CommlsslOn, und a~cording to the i,nstructions for the forms. D. Comply with audit and record keeping requirements by : 1. Utilizing the Commission recognized Chart of Accounts defined in the 1:hnsPQrtat i o~ 6<;co ~nt i ~ ~ C o~s~~~~:n~~~I. ~~ for!]] eo c;;ountin ~ S ~ <Ie II. for Rural and SpecialIzed Trans~___ ____ ____l__r..:: \ WOItorrn ac\,,;uuntlng 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 ! leu of their eXisting Chart of Accounts but shall prepare all repoI1S, invoi\.:es, and fiscaJ documents relating to the transportation disadvantaged functlons 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 dunng th~ pt;:riod of this Contract. 3. By reserving to the Coordinator, the: right to conduct finance and (;ompliance audits at any time. Such audits condu(;ted by the Courdinator will be at the expense of the Cooromator. SIDnOMO CI,(1I\lIn~Il(lI\'UpeIlIlOI (.:onIrUI FOIlll 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 shaIl be retained until resolution of the audit findings. The Agency/Operator shaH 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 shaIl have full access to and the right to examine any of the records aQd 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, F.S.. regarding school bus safety requirements fo! 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 Conunission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $1 00,000 for anyone person and $200,000 per occurrence at all times during the existence of this Contract. Upon the execution of this Contract, the Agencyl()p~rator shall add the Coordinator as an additional named insured to all insurance policies covering vehicles transporting the transportation disadvantaged. In the event of any canceIlation 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 sl:lch insuranc.e-._ coverage prior to the execution of this Contract, or proof of a self insurance program operated by the AgenCY/Operator. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. Insurance coverage in excess of $1 million per Occurrence must be approved by the Coordinator and/or the local Coordinating Board before inclusion in this contract or in the justification of rates and fare structures, s. 41-2.006(1), FAC. H. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any pUrpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Pan 205.50, SlIndard Cl\I.rdinatilln Ojll:ralor Comrael FOI1ll 3 of except upon order of a court of competent jurisdiction, written r..:onsent of the recipient, or his/her responsible parent or guardian when authurized by law. I. 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 pUrpu.'ie of obtalIllng 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. Agenc.;y/Operator shall alsu assure compl1ancc 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 benetlting 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 benetiting ITom 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 progl am~ or activities receiving or benefiting from federal finanCial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, whicn prohibits discrimination on the basis of sex and religion in programs and act! \lities receiving or benefiting from federal financial assIstance. f. All regulations, guidelines, and standards lawfully adopted unoer the above statutes. Sl.nd~rd COOrdln~1101\'O~~'or C'onlru~l Po"" ;1 "f' g. The Americans with Disabilities Act of 1990, ,IS It Illay be amended from time to time. 2. Agreeing that compliance with this assurance constllut~s a condition of continued receipt of or benefit from federal financial aSSIstance, and that II is binding upon the Agency/Operator, its successors. subcontractors, transferees, and assignees for the period during whH;h su<..:h assistance is provided. Assuring that operators, subcontra<.:tQrs. ::lubgnmtees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in cormection with any 01 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 <':OUI1 order requiring complianc.:e with the terms of this assurance or seek other appropriate j udJ claJ or administratl ve relief, to include assistance being terminated and further assistance being denied. J. Agency/Operator's obligatIOn to indemnify, defend, and pay for the defense or at the Coordinator's option, to participate and associate with the Cc)()rdinator In tht defense and trail of any claim and any related settlement negotiations. shall be triggered by the Coordinator's notice of claim for indemndicutioll to the Agency/Operator. Agency/Operator's inability to evaluate liability ur its evaluation of liability shall not excuse the Agency/Operatur's duty to defend and indemnify within seven days after such notice by the CourClinatol' is given by registered mail. Only an adjudication or judgement after the highest appeal is exhausted specifically finding the Coordinator solely neglrgem shall ex.cuse performance of this provision by the Agency/Operator. Agen<..:y/Operator shall pay all costs and fees related to this obligation and its enfon;ern~nt by the Coordinator. The Coordinator's failure to notify AgencY/Operator of a claim shall not release Agency/Operator of the above duty to defend. K Comply with all standards and performance requirements of the 1. The Commission for the Transportation Disadvantaged (Attachment II); 2. The lo,9al Coordinating Board approved TransponatJ on Disadvantaged ServIce Plan ana; 3. Any entities that purchase service. Standard Coordinaljon/O~rQlor COnll1lCl Fonn ~ ,'" Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Buard in the approved Transportation Disadvantaged Service Plan shall be due l.:aU::il:: tor non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator. L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions ot this Contract and that correction is required. Any corrective actlOn notice w1l1 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 hp (~ed annuall:t bi the Coordinator and local Coordinating Board lor conformance wIth the requirements of this Contract. N. Retu,rn 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 discovel'}, 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 ~pgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termmation; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency/Operator shall insert the for~going provision modified only to show the particular ~Ontractual relationship in all Its l,;untnlcts in (';O!Ul~ction 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 in~ert a SImilar prUVISlOn 10 :illbc;umraccs relating to the performance of this Sl~nd~rd CC1ordln~1I0nOpcr;lor COnl/':lCl FORII ;; .r Contract, except subcontracts for standard commercial supplIes ur raw materials. The Agency/Operator shall post, in conspicuous places avai lable to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. B. Insure that entities with transportation disadvantaged funds will purchase transportation disadvantaged services through the coordinated system. C. At a minimum, annually monitor the Agency/Operator for in~urance, 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,lquarterly 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 Comracl is found by a court of law to violate any applicable state law, the purchasing entit) 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 SllIndard CoordinltionlOpenllor Contract FOI11\ '7 ,,( no less than thirty (3U) days notice, without cause. Said notlc~ shall be delivered by cenified 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 terminat~d immediately upon notification to the Agency/Operator. Notice shall b~ 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 finan<.;e this contract become unavailable, the Coordinator may terminate the l,;Unlract with no less than twenty-four (24) hours written notice to the Agency/Operator. Notice shall be delivered by cenified 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. S. Termination for Breach - Unle~s 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 nu it:~s thall twenty-four (24) hours notice. Notice shall b~ delivered by certified mad, return receIpt requested, or in person with proof of delivery. WaIver by the Coordinator of breach of any provision of this Contract shall not b~ deemed to be a waiver of any other breach and shaI~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 herem au nVl 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 repurts and documents required by the terms of this Contract. A final invoice shall be Standard CourUi/l;lIlOI\.'Opcralor COnlraCI Fo"" 8 rd' sent to the Coordinalor within lhirty (30) days after the termination ufthis 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 referenc~ 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: v; V tI)A-tt C E e 1---.. I IV I L '1.. ti.-L Jl1 ( b /)1-~ t! f YS ~ 4-l~. 51 /It/ tJe A 't-t0N. 1:::1- :3 "3t)<.;t) , The representative/position of the Agency/Operator responsible for admmIStratIOn of the program under this contract is : Arlmin]str~tor., TranSPOrtation l-Dnroe County Transportation 5100 College Road, PSB, \vinq III 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 writmg 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. SlIndarcl CoorcliNlliol\'Openllor COnlMlClI '0"" C' ... ...... ./ "_. WITNESS WHEREOF, the parties hereto have caused these pres~nts to be ex~cuted. AGENCY/OPERATOR: ~- -", -',-- COMMUNITY TRANSPORTATION COORDINA TOR .'-..- "'", M::>nroe County Board (Agency/Operator Name ( Coordinator Name) Typed Name of Authorized In Individual Typed Name of Authorized Title: M AYOK \ Signature: \ I ~ - 10 - t:t'\ Title: \ (SEAL) AlTEst: DANNY l. KOLHAGE, a.ERK B~~Q.~~ DEPUTY CLERK \ SIanoard CQl1rOlnQllorvOI'VI'QIOr Conlrael Form 10. ^'l ATTACHMENT! AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (Type of Service - ambulatory, non-ambulatory, stretcher) Ambulatory and wheelchair service, paratransit 2. The AgencY/Operator will be available to provide transportation (Days and Hours of availability) M:>nday through Friday 8: 00 N1 to 5: JO PH Days Agency/Operator will not be able to provide services: l (Holidays and other days not available) Sel:vices will not be provided on Saturday and SUnday, or County holidays. 3. Vehicles Agency/Operator will use to transport all passengers (Vehicle Inventory attached) See attached. 4. VehiclelEquipment Standards (if any) (Identify standards such as functioning air conditions/heating, grab raiis, stanchions, first aid kits, fire extinguishers, adequate communication equipment) Veh~cles were purchased w~th PaI'atran~~t specifi~ations ~Id Lnclude ~uipment opt~ons deemea n~essary tor that serv~ce. " . s. Driver Requirements' (if any) (Identify requirements of drivers such as current license, vision, dress, specialized training, relationship with riders - provide assistance, physical contact, communication) . . ed to have a CDL B Driver's License with Drivers and sub-drJ.vers are r~ . . ed to airbrake and passenger endorsements. Dri vers/ sub-dr~ vers are requ.ll' pass physicals and drug tests. 6. Training . . (Identify required training of all personnel, including drivers, reservations, etc. Also,provide how often this tra~ning is required and how it will be provided to operator's employees). . and sub-dr;~~ers are trained prior to releasing to drive. Dr~vers ..L.V' _ training usually takes about two weeks. This 7. Agency/Operator' fare structure (Identify fare structure and what services are eligible and ineligible) $5.70 per trip plus $.31 per mile when trips are five or nore miles. 8. BillinglInvoicing and Reimbursement procedure for Agency/Operator. (When, how often, what reports if any should be submitted) Will provide detailed invoice to ere weekly. 9. Repo11ing Requirements (Include all Requirements of Commission, Coordinator, Local Coordinating Board and any Entities purchasing transportation.) will comply with all requirements. en ..J >< en UJ ..J U I UJ > LL (!) (!) 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CX) CX) CX) CX) CX) CX) CX) CX) OJ OJ 00 OJ 00 00 00 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ T""" T""" T""" ::E a.. 00 N ('i) "'" (J) - LO N - T""" T""" ATTACH1v1ENT 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 Transponation Operator/Agency from whom s~rvice is purchC1~~d or arranged by the CommunIty Transponatlon 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-accjd~m, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort ofa passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Chilli 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 b~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; (I) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complamt process shall be outlined as a section in the io<.:al Transportation Disadvantaged Service Plan including, adVIsing the dissatistlt::o person about the ComI11.jssion'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, eX<.:ept In Hl:)ll;m~e::i wh~rt= !<.Jl.,:aJ urdimmces prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, tom upholstery, damaged or broken seats, protruding metal or other objects ur matenals which could soil items placed in the vehicle or provide discomfOrt tor the onssenger' " , *. (1) Billing requirements of the Community Trunsponation Coordinator to subcontractors shall be determined locally by the local CoordinatIng Board and provided in tht; ]ul..:al Transportation Disadvantaged Service Plan. All bills 511all be paid within 15 l..:aJendar days to subcuntractors, after rel:elpt of said payment b> the Community Transportation Coordinator, except in instanc~s where the Community Transportation Coordinator is a non-governmental entity; U) Passenger/trip data base must be maintained or accessible by the Community Transportation Coordinator on each rider being transported wlthin 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 transpurted in a vehlcJe at any time. For transit services provided by transit vehicles, adequat~ 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 transponed in a vehicle at any time; (1) Driv~rs for paratransit services, including coordination Contractors, shall be required to announce and identify themselves by name and company In a mCirUlcr that is conducive to communications with the specific passenger, upon pickup of each rider. group of riders. or represeIHau ve, guardian, or a::;::;ociate uf 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 sen'lce 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 ant: STep. unle~s it can be performed safely ~:lS determin~d by the passenger, guurdian, dnd dfl ver, (n) All vehicles ordered or put into service after adoption of thi~ ~t;:~(lun ot the kUle, and prOVIding service within th~ courdmi:1u::d ~Y~)lem, shaH bt;: t::Ljulpped with two- way communications in good wurking order and be audible to the driver at all times to the base. All vehicles men Me flUl cqUlpped With two-W(lV _, I " communications shall have two years to be in complianc~ atter tile adoption dati: of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system. shall have working air conditioners and heaters in each vehicle. Vehicles that do not ha ve a workmg ulr conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner and/or heater shall have two years to be in compliance atter the adoption date of thIS section of the Rule; (r) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (s) Cardiopulmonary Resuscitation shall be determined locally and provided in tht local Transportation Disadvantaged Service Plan. Required for: Section 5310 Section 5311 Exhibit E, Attachment 1 Certification of Exemption from Single Audit Act IT IS HEREBY CERTIFIED THAT the applicant: 1. Will not receive $300,00 or more for the current Fiscal Year from all federal sources combined, and is therefore exempt from the Single Audit Act as described in OMB or A 133; and €) Will comply with the Single Audit Act and submit to the District Office a copy of its most recent audit conducted in compliance with the Act, in the event the applicant does receive $300,000 or more in total from all federal sources during the current fiscal year. Dated: 01-11..1-'18' jA~ L&Nt>//I ;v1,AYtJ~ (name and title of chief executive officer) (SEAL) AlTEST: DANNY l. KOLHAGE, QERK '~""aY~~C. ~)J~ DEPUTY CLERK - 43 CESA5310.DOC Federal Fiscal Year 1998 FTA Certifications and Assurances Required of all Applicants for FTA financial assistance, and all FTA Grantees with an active project receiving capital program or formula program assistance. Name of Applicant: Monroe County Board of County Commissioners Name and Relationship of Authorized Representative: Jack London Mavor BY SIGNING BELOW I, Jack London (name), on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration(FTA) in Federal Fiscal Year 1998. 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 1998. 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 FT A, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seQ., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 40 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 certification, assurance, or submission made in connection with any other program administered by FTA. Date: 0/-11..1-98 a. In signing this document, I declare under penalties of perjury tha and any other statements made by me on behalf of the Applicant AFFIRMATION OF APP for Monroe County Board of County Commissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant, I hereby affirm that the Applicant has authority under State and local law to make and comply with the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm 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 performances of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify the Applicant a; d F:APromptIY. c. -- ~.rtk Date +"" :.>,. (71 f br=; ~~ . y, \.~ant Attorn y An attorney for the Applicant must provide an affirmation of the Applicant's legal capacity, unless the Applicant seeks only an FT A university and research training grant authorized by 49 U.S.C, 5312 (b), In addition, an attorney for a Capital Program Grantee or Formula Program Grantee with an active project must provide an affirmation of the Grantee's legal capacity. FTA Certifications and Assurances for Fiscal Year 1998 34 12/30/972:25 PM FYCA5310,DOC Appendix A FEDERAL FY 1998 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: Monroe County Board of County Commissioners The Applicant agrees to comply with applicable requirements of Categories I-XV. 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: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification. III. Effects on Private Mass Transportation Companies. IV. Public Hearing Certification for Major Projects with Substantial Impacts. V. Certification for the Purchase of Rolling Stock. VI. Bus Testing Certification. VII. Charter Service Agreement. VIII. School Transportation Agreement. IX. Certification for Demand Responsive Service. X. Substance Abuse Certifications Required by January 1. XI. Assurances Projects Involving Real Property. XII. Certifications for the Urbanized Area Formula Program. XIII. Certifications for the Elderly and Persons with Disabilities Program. XIV. Certifications for the Nonurbanized Area Formula Program. XV. Certifications for the State Infrastructure Bank (SIB) Program. (The Signature Page must be appropriately completed and signed where indicated.) FTA Certifications and Assurances for Fiscal Year 1998 12/31/978:14 AM 33 FFCA531 a.DOC