Okaloosa County BOCC — September 3, 2013 — C03-0927-GM — reading text

1250 N. Eglin Pkwy.• Shalimar, FL 32579 (850) 651-7100 Fort Walton Beach, FL 32547 (850) 651-7105· FAX: 651-7142 • 1804 Lewis Turner Blvd Lewis Turner., Suite 100  EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 4/24/2003 Contract/Lease Control #: C03-0927 -PI8-71 Bid #: NIA Contract/Lease Type: AGREEMENT Award To/Lessee: OCT Lessor: Effective Date: 4115/2003 Term: EXPIRES 9/30/2010 Description of Contract/Lease: OPERATE THE OKALOOSA COUNTY PUBLIC TRANSPORATION SYSTEM Department Manager: GROWTH MANAGEMENT Department Monitor: CHRISTY GODWIN Monitor's Telephone #: 651-7180 Monitor's FAX #: 651-7706 Date Closed:  AGREEMENT FOR OPERATION OF OKALOOSA COUNTY PUBLIC TRANSIT This Agreement is made and entered into this...2ndday of Aug!lst 2005 by and between Okaloosa County, a political subdivision of the State of Florida, the Community Transportation Coordinator and Public Transit Authority, hereinafter referred to as the "County" and Okaloosa County Coordinated Transportation, Inc., a non-profit agency, hereinafter referred to as "OCT" and WHEREAS, this agreement supercedes all others for operation of Okaloosa County Transit; WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, public transportation funds includes any local government, state or federal funds that are for the transportation of all persons; and WHEREAS, the County is the designated recipient of all federal and state transportation funds; and WHEREAS, the County is designated as the Coordinated Community Transportation Provider in accordance with Chapter 427, Florida Statutes, which requires one provider to coordinate all transportation services to the transportation disadvantaged in each county; and WHEREAS, the County, as Coordinator, is required, under Rule 41-2.011, EA.C, when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, the County, as Coordinator, desires to contract with the Agency/Operator for the provision of transportation services for Okaloosa County, including the transportation disadvantaged; and WHEREAS, the County, as Coordinator, believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the County, as 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 County; and 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; and WHEREAS, the County has acquired vehicles and equipment for the operation of a public transportation system in and around the urbanized areas of Okaloosa County, Florida, hereinafter referred to as the "System"; and CONTRACT: COUNTY PUBLIC TRANSPORT A nON OPERA nONS CONTRACT NO.: C03-0927-PI8-71 - 1 - OCT EXPIRES: 9/30/2010 WHEREAS, the County has previously designated the Growth Management Department as the transportation program administrator, including official authorization to represent the County in such matters and to make presentations to the County regarding funding requests and dispersion of those funds; and WHEREAS, the County has publicly advertised for qualified operators to provide transportation services; and WHEREAS, the County wishes to contract with OCT as a qualified management team with supporting assets and knowledge appropriate to the conduct and operation of such a system; and WHEREAS, OCT is capable of providing public transportation management services and supporting assets; and NOW THEREFORE, in consideration of the foregoing mutual recitals, covenants, promises, representations and agreements herein, the parties hereto do agree that the County hereby contracts with OCT, and OCT hereby agrees, to manage and operate the System upon the tenns and conditions hereinafter set forth: I. DUTIES OF THE COUNTY: A. Assign task orders to this agreement for local government, state and federally funded transportation services. Task orders shall detail the services agreed upon, funding amount, allowable and reasonable cost reimbursement, and method of payment for services rendered. Reimbursement rates shall not increase in excess of 25.5% annually (CPI) without written consent of the County. B. Provide certain funding of the transit system, as hereinafter set forth. C. Recognize OCT as described in Chapter 427, FS., and Rule 41-2, FA.C. D. Insure that entities with transportation disadvantaged funds will purchase transportation- disadvantaged services through the coordinated system. F. At a minimum, annually monitor OCT for insurance, safety and reporting requirements, pursuant to Chapter 427, FS., and Rule 41-2, FA.C. G. Annually review all contracts, subcontracts and coordination contracts for confonnance with the requirements of this Agreement. H. Hold public hearings and grant final approval of public transit routes, marketing, fare, rate and schedule changes. I. Lease vehicles and office facilities and provide equipment, purchased with Florida Department of Transportation (FDOT) and Federal Transit Administration (FTA) grant funds, to OCT for the operation of the System; - 2 -  J. Administer all public transportation grant programs, including, but not limited to: 1. Development of Project Lists 2. Development and Submission of Funding Proposals and Applications 3. Submission of Purchase Requests 4. Preparation of Financial and Program Reports 5. Update of the Transit Development Plan and Transportation Development Service Plan 6. Submission of the Annual Operating Report, National Transit Database, Drug and Alcohol and TEAM Reports in cooperation with OCT 7. Submission of quarterly Safety and Security Reports in cooperation with OCT. II. DUTIES OF OCT: A. Coordinate available resources and make available transportation services to the County. Such services shall be provided in accordance with Attachment I. B. Contract with service agencies, as authorized by the County, as coordinator, to provide transportation services on behalf of the County. C. Maintain a Medicaid provider number and submit and receive requests for payments. D. Provide executive and administrative management of the system; including hiring, paying, supervising, assigning, and discharging all personnel necessary to the proper functioning of the System, including but not limited to drivers, mechanics, clerical, and maintenance personnel. E. Analyze and manage financial and administrative matters pertaining to the operation of the System; and to provide clerical, statistical and bookkeeping support. F. Receive and pay reasonable invoices on behalf of the County for all contract operators. G. Operate the System to provide public transportation services; including but not limited to the conduct of driver training and testing; provision of recommendations for route modifications; building and vehicle maintenance; and all other duties designated from time to time by the County and constituting a function of public transportation service. H. Work cooperatively with the Growth Management Department and forward all requested reports, financial and operating data, updates and corrections, including but not limited to: 1. Submission to the County an annual audit prepared by a certified public accountant. (The County may require OCT to file annually a financial statement prepared by a certified public accountant, showing in detail the gross annual receipts and expenditures covering OCT's operations during the preceding fiscal year. Necessary costs incurred for preparation of such statements shall be deemed to be operating expenses, as defined herein.). 2. Submission of monthly expenditure and revenue reports to the Growth - 3 -  Management Department. 3. Annual submission to the Growth Management Department, internal measures detailing operational data in the service area. I. Comply with all applicable Federal Certifications and Assurances, 49 U.S.c. 5323, contained herein and attached at Exhibit E. J. By October 1 of each year, submit an itemized budget to the Department of Growth Management. K. 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. OCT shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the County or Commission or this Agreement. The Commission and the County shall have full access to and the right to examine any of the records and documents during the retention period. L. 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 System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation- disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. By reserving to the County, the right to conduct finance and compliance audits at any time. Such audits conducted by the County will be at the expense of the County. M. Comply with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90,