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

F.A.c., concerning System Safety. 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing. 3. Complying with the System Safety and Security Program Plan (SSPP) for the designated service area. - 4 - N. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, O. Except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. P. Ensure compliance with applicable Civil rights requirements in management of the System, including Title VI of the Civil Rights Act of 1964, Equal Employment Opportunity (EEO), Disadvantaged Business Enterprise (DBE) Program, and the Americans with Disabilities Act (ADA) Program. Q. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.c. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.c. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.c. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. - 5 -  g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon OCT, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, sub grantees, or others with whom the County 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, OCT agrees that the County may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. R. Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged (Attachment II); 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchase service. S. Return to the County any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to OCT by the County. OCT shall return any overpayment within thirty (30) calendar days after either discovery by OCT, or notification of OCT by the County or entity purchasing transportation, whichever is earlier. In the event that the County first discovers an overpayment has been made, the County will notify OCT by letter of such a finding. Should repayment not be made in a timely manner, the County or purchasing entity will charge interest after thirty (30) calendar days after the date of notification or discovery, or the County will deduct said amount from future invoices. III. Employees of the System In performing this Contract, OCT 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 upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. OCT shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection 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 insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. OCT shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting - 6 -  forth the provisions of the nondiscrimination clause. IV. Vehicles and Equipment A. This agreement provides for the use of public transportation equipment that has been financed in part by FTA. The County and OCT warrant the use of these FTA-funded vehicles and equipment that will be governed by the FTA Master Agreement, by FTA Circular 4220.1B, and by the Office of Management and Budget Circular A-102, Attachment N. B. The County has absolute ownership of title to transit vehicles and equipment, such ownership and title being hereby expressly reserved to and retained by the County. It is expressly understood and agreed by the parties that the title(s) to all equipment shall remain in the ownership of the County. C. The County shall provide transit vehicles and equipment for use in the System to the extent feasible with funds available. D. The County shall lease vehicle and equipment further described in Exhibit A, attached hereto, to OCT for the term of the Agreement. The lease shall terminate after the initial term unless the agreement is either extended or is terminated sooner by mutual agreement under the terms of this Agreement. E. OCT agrees to pay the County, as rent for the vehicles and equipment herein leased, a sum of $1.00 per year per vehicle, payable annually within thirty (30) days following the execution of this agreement. Lease rate and payment schedule per vehicle is as specified in Exhibit A. F. OCT agrees not to lease or let transit vehicles or any part thereof, to pass from under its control. OCT further will not, in any manner, permit said motor vehicles or any part thereof to be pledged, seized or held for any taxes, debt, lien, or obligation. G. Be responsible for maintaining all vehicles and equipment owned by the County and used in the operation of the System, including but not limited to: 1. Providing for and paying the cost of maintenance and repair service of the leased equipment in accordance with standard preventive and corrective maintenance procedures on the basis of instructions supplied by the County and/or the manufacturer. Preventive maintenance practices consistent with proper equipment care will be exercised. OCT further agrees to maintain the equipment in presentable condition. 2. It is the primary responsibility of OCT to ensure that all required reports are properly maintained and that any and all reports required by other agencies, including but not limited to FTA and FDOT, are properly maintained and submitted. - 7 -  3. Maintenance reports must include: a. Record of inspection, corrective or preventative maintenance actions including identification and cost of parts used, labor hours and vehicle mileage will be recorded on work order forms and maintained on file, with inspection checklist, for the inspection of the County at any and all reasonable times. b. Individual vehicle maintenance record files will be kept current by OCT and shall be available for County's review during periodic compliance inspecti ons. c. Summary reports for each leased vehicle which describe inspection findings, mileage, and maintenance procedures shall be prepared monthly by the lessee, and available to the County for inspection and review as necessary. 4. OCT also agrees to permit the County's designated representative to audit all books, records and files relative to the operation and maintenance of the leased vehicle(s), equipment and parts, as applicable; to assist in providing said documents and information and to permit inspection of vehicle(s), equipment, and parts by FfA or the County's representatives. Time for conducting said audits and inspections will be during normal business hours. H. OCT shall ensure that vehicles are used in compliance with applicable federal, state, or municipal statutes, laws, ordinances, rules or regulations, and for no purpose contrary to the provisions of any applicable insurance policy. OCT shall return such equipment and replacement thereof to the County at the end of the contract term in the same condition as received, reasonable wear and tear expected. I. OCT agrees not to loan, sell, sublet, assign or mortgage said equipment, or lend or permit said equipment to be subject to any legal process without the County's prior written consent. J. In the operation of equipment leased by this agreement, OCT agrees: 1. To limit use of leased vehicle(s) and equipment to approved public transportation services that serve the best interest and welfare of the public. No changes in use of said vehicle(s)