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
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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:
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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.
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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.
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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.
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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.
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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
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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
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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.
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ATTACHMENT II
Joint Participation Agreement FDOT and Monroe County
Social Services Department