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Resolution 006-1988 Louis LaTorre, Director Social Services Cecil Bain, Director Transportation Program RESOLUTION NO. 006 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/ CHAIRMAN OF THE BOARD TO EXECUTE A CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (MONROE COUNTY SOCIAL SERVICES DEPARTMENT) AND THE CITY OF KEY WEST PORT AND TRANSIT AUTHORITY PERTAINING TO MAINTENANCE FOR MONROE COUNTY TRANSPORTATION PROGRAM VEHICLES. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Contract by and between the Board of County Commissioners of Monroe County, Florida (Monroe County Social Services Department) and the City of Key West Port and Transit Authority, a copy of the same being attached hereto, pertaining to maintenance for Monroe County Transportation Program vehicles. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 5th day of January, 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, By: g~ .? o HAIRft\:N (SEAL) Attest: DANNY L. KOLHAGE, Clerk L?J.. ;f.J~~~ LERK ,,:"\ . re,.,..'. ~ C. ",_"",..,,",r:,'~-! .-./....' '.;'..";" -"'- '" 1 I t--/I/ . ,." ~/ '\' ,,---~-~:;-----~->-- Mt'W,'C ,',' ~ I OTHER GOVERNMENTAL AGENCIES GENERAL REVENUE/FEDERAL/STATE FUNDS CONTRACT BETWEEN 1HE BOARD OF COUNfY COMMISSIONERS OF MONROE COUNfY, FLORIDA ~ONROE COUNTY SOCIAL SERVICES DEPARTMENT) AND CITY OF KEY WEST PORT AND TRANSIT AUTHORITY THIS CONTRACT is entered into between the Monroe County Social Services Department, hereinafter referred to as the "County", and City of Key West Port and Transit Authyority, hereinafter referred to as the "Provider". The parties agree: 1. The Provider agrees: A. To provide services according to the conditions specified in Attachment I. B. Federal and State Laws and Regulations 1. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and other applicable regulations if specified in Attachment II. C. Audit and Records 1. To maintain books, records and documents in accordance with accounting procedures and practices ~hich sufficiently and properly reflect all expenditures of funds provided by the county under this contract. 2. To assure that these records shall be subject at all times to inspection, review, or audit by county personnel and other personnel duly authorized by the county, as well as by federal and state personnel. 3. To maintain and file with the county such progress, fiscal, inventory and other reports as the county may require within the period of this contract. 4. To include these aforementioned audit and record- keeping requirements in all approved subcontracts and assignments. 5. To allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S., and made or received by the provider in conjunction with this contract. It is expressly understood that substantial evidence of the provider's refusal to comply with this provision shall constitute a breach of contract. D. Retention of Records 1. To retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. 2. Persons duly authorized by the county, and federal or state auditors, pursuant to 4S CFR, Part 74.24(a), (b), and Cd) shall have full access to, and the right to examine any of said records and documents during said retention period. E. Monitoring 1. To provide progress reports, including data reporting requirements as specified in Attachment I. These reports will be _lsed for monitoring progress or performance of the contractual services as specified in Attachment I. 2. information To provide access to, or to furnish whatever is necessary to effect'this monitoring. 3. To permit the county to monitor the aforementioned service program operated by the provider or subcontractor or assignee according to applicable regulations of the state and federal goverllments. Said monitoring will include access to all t'ecords. F. Insurance The City of Key West, Florida and the provider shall furnish the county written verification of liability coverage in accordance with Section 768.28, F. S., naming the Cotmty as an additional insured. G. Indemnification The provider shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the County harmless from all claims, suits, judgements or damages, including court costs and attorneys' fees, arising out of negligence or omissions by the provider in the course of the operation of this contract. H. Assignments and Subcontracts The provider shall neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the county. No such approval by the county of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the county in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts shall be subject to the conditions of this contract (except Section 1, Paragraph L) and to any conditions of approval that the county shall deem necessary. I. Financial Reports To provide financial reports to the county as specified in Attachment I. J. Return of Funds The provider agrees to return to the county any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the county. Such funds shall be considered county funds and shall be refunded to the county. The refund shall be due within 30 days following the end of the contract or at the time the overpayment is discovered unless otherwise authorized by the county in writing and attached to this contract. K. Transportation Disadvantaged If clients will be transported under this contract, the provider will subcontract with the designated Community Coordinated Transportation Provider, or otherwise comply with the provisions of Chapter 427, Florida Statutes. The provider shall submit to the county the reports required pursuant to Volume 10, HRS Accounting Procedures Manual. L. Civil Rights Certification In the event any funding for this agreement is part of any Federal grant, loan, contract (except contract of insurance or guaranty), property, discount, or other Federal financial assistance to programs or activities receiving or benefiting from Federal financial assistance, then The provider assures that it will comply with: 1 . 42 U.S.C. basis of activities assistance. Title VI of the Civil Rights Act of 1964, as amended, 2000d et seq., which prohibits discrimination on the race, color, or national origin in programs and receiving or benefiting from Federal financial 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 3. 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. 4. 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. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97- 35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from Federal financial assistance. 6. All regulations, guidelines, and standards lawfully adopted under the above statutes. The provider agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from Federal or state financial assistance, and that it is binding upon the provider, its successors, transferee, and assignees for the period during which such assistance funds this aag~eement. The provider further assures that all contractors, subcontractors, subgrantees or others with whom it 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 provider understands that the Federal and/or state grantor(s) may, at its/their discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, or terminate this contract as breached under the terms of Article III, Section B(3) of this contract. II. The County Agrees: A. Contract Amount To pay for contracted ser~ices according to the conditions of Attachment I in an amount not to exceed $19,791.67 subject to the availability of funds. B. Contract Payments Upon receipt of an invoice and receipt, inspection and approval of the goods or services, the county shall process the invoice within fifteen (15) days. The payment of the invoice shall be mailed by the County to the provider within 45 days after receipt of the invoice and receipt, inspection, and approval of the goods and services. ;r---- III. The Provider and County Mutually Agree: A. Effective Date 1. This contract shall begin on October 1, 1987. 2. This contract shall end on June 29, 1988. . B. Termination 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 requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds In the event Federal, State or County funds to finance this contract become unavailable, the county may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The County shall be the final authority as to the availability of funds; it shall, however, provide documentation of any unavailability of funds, along with proof of concurrance from the state grantor, to the provider. 3. Termination for Breach Unless the provider's breach is waived by the County in writing, the County may, by written notice to the provider, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver 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. The provisions herein do not limit the County's right to remedies at law or to damages. C. Notice and Contract The contract manager for the County for this contract is Louis LaTorre. The reprasentative of the provider responsible for the administration of the program under this contract is Mike Darbonne.. In the event that different representatives are designated by either party after execution of this contract, notice of the flame and address of new representative will be rendered in writing to the other party and said notification attached to originals of this contract. -'- -~..! ~--- ~.-=-,--- ~ ~ ~~-~.'---'.--=.-..........-----....:;;.;.~ ,-,-_.,,---.-';';"':' ~ ~ = s D. Renegotiation or Modifications 1. Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if federal and/or state revisions of any applicable laws, or regulations make changes in this contract necessary. 2. If this contract contains a fixed-price method of payment section, and the rate of payment is determined through the appropri.ations process, then this contract may be amended to reflect the new rate established through the appropriations process retroactive to the effective date of this contract. 3. If the contract contains either a cost-reimbursement or a fixed-price method of payment, the rate of payment and the total dollar amount may be adjusted prospectively to reflect price-level increases determined through the appropriations process and subsequently identified in the County's operating budget. E. Name and Address of Payee The name and address of the official payee to whom the payment shall be made: City of Key West, Port and Transit Authority 525 Angela Street Key West, FL 33040 F. All Terms and Conditions Included This contract and its attachments as referenced, (I and II), contain all the terms and conditions agreed upo~ by the parties. 6 IN WITNESS THEREOF, the parties hereto have caused this 25 page contract to be executed by their undersigned officials as duly authorized. PROVIDER - City of Key West Port and Transit Authority MONROE COUNTY - Board of Commissioners Signed by: Signed by: Name: Name: Title: Title: , Date: Date: APPROVED AS TO FORM AND Lg(i.._,. AL SUFFlCl~NC~/ / '-t. ' ~. #. l' ;' ay -~ .. Altorney'. Officii ~ I - .-.. - - - -,- - - - - - -- - -- - -- --- 8 ATTACHMENT I Service Specifications and Conditions 1. General . In order to assist the Monroe County Social Services Department in providing increased clients and trips for the Transportation Disadvantaged under a Florida Department of Transportation Service Development Project, Port and Transit Authority proposes to provide fleet maintenance services at a cost of $19,791.67 for the period October 1, 1987, to June 29, 1988. 2. Services to be Provided 1. Rehabilitate vehicles when economically feasible and requested by the Social Services Department. 2. Perform repair work as requested within the normal eight (8) hour daily work schedule. 3. Work which PATA cannot economically perform, will be sent to repair shops as designated and with prior approval of the county. 4. Provide road-call service in Key West and Stock Island areas. Such service will be provided as far as Big Pine if within the normal eight (8) hour daily work schedule. 5. Perform scheduled preventative maintenance work. 6. Provide scheduled and systematic inspection~. 7. Maintain a work order records system with log that will identify all labor and parts. Inventory parts and tools will be separately identified. Inventory records will be the responsibility of the County. 3. Parts and Materials Parts and materials needed for vehicle work will be picked up by a P.A.T.A. mechanic, using a Monroe County Purchase Order. P.A.T.A. can not be responsible for delays in the procurement of parts. Parts and tool inventory of $2,500 to be supplied, based on P.A.T.A. recommendations. 4. l.evel of Effort In order to maintain a high level of maintenance effort without down time and unnecessary service interruption, the Social Services Department must send vehicles to the P.A.T.A. maintenance faci.li~v on a scheduled basis for preventative 9 maintenance and inspection at 627 Palm Avenue. P.A.T.A. will perform work on social services vehicles which are gasoline, wi.th no interruption of service due to their own vehicle needs. A full time gasoline mechanic will be retained. Since P.A.T.A. vehicles are diesel, this should eliminate any conflicts of priority. 5. Service Monitoring The following records will be maintained by P.A.T.A. for the purpose of contract monitoring: a. Work Order which indicates parts and labor for each vehicle worked on. b. Work Order Log - list work orders by date initiated and completed. c. Inspection Reports for each vehicle. d. Proposed preventative maintenance schedule. e. Maintenance History record maintained for each vehicle. 6. Financial Reports Monthly invoice of $2,199.07 with work orders attached. Statistical data to be jointly developed by P.A.T.A. and Social Services Department as needed. 7. Contract Payments To be submitted monthly at $2,199.07 for contract period. Invoice to be accompanied, by copy of all vehicle wo+k orders and vehicle inspections. A summary of adherence to v~hicle preventative maintenance and inspection schedules for each vehicle. Parts used from parts inventory will be listed seperately on work orders. 7 ATTACHMENT II Joint Participation Agreement FDOT and Monroe County Social Services Department