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

Auditor General. - 12 -  3. If the subrecipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the subrecipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from subrecipient funds obtained from other than State entities). (NOTE: The web site for the Florida Single Audit Act is located at http://sun6.dms.state.fl.us/fsaa/rules.htm). PART IT: REPORT SUBMISSION Copies of audit reports for audits conducted as required by PART I of this agreement shall be submitted to the recipient no later than 30 days from date of issue to the following address: Brenda L. Bailey Contracts & Grants Manager 1250 North Eglin Parkway, Suite C112 Shalimar, FL 32579 VI. Termination Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the County. In the event of any violation, default or failure to perform as provided for herein, by either party, written notice shall be given setting forth the alleged violation, default or failure, which shall be corrected within a mutually agreed upon time, not to exceed thirty (30) days in any event, after the receipt of notice. In the event of such violation, default or failure is not corrected, the other party may cancel this contract for cause effective at the time provided for in a written notice of cancellation. Cancellation of this contract under these conditions shall not be a waiver of any other rights which said party may have for damages, specific performance, or such other relief, legal or equitable, for which such party may otherwise have a cause of action. A. Termination Conditions: 1. Termination at Will - This Contract may be terminated by either party upon no less - 13 -  than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2. Termination due to Lack of Designation - In the event that the County as Coordinator, so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to OCT. Notice shall be 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 OCT. 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 finance this contract become unavailable, the County may terminate the contract with no less than twenty-four (24) hours written notice to OCT. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The County shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless OCT's breach is waived by the County in writing, the County may, by written notice to OCT, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the County 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, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the County's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason, OCT shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the County within thirty (30) days after the termination of this Contract VIII. Assignments OCT shall not assign this contract or any of the rights hereto in whole or in part to any other person, firm or corporation without prior consent in writing to Okaloosa County. Such consent will not be withheld unreasonably. IX. Subcontracts During the duration of this contract, OCT may subcontract with third parties to provide the services needed for the SYSTEM. OCT will notify Okaloosa County of executed contracts during the term of this agreement. OCT shall bill for services, receive payment, accept invoices and pay invoices of all subcontractors. - 14 - X. Independent Contractor Status In performance of the responsibilities herein contemplated, OCT is an independent contractor, not an employee of Okaloosa County, who shall have the authority to control and direct the performance of its employees in the details of the management, operation, and maintenance of the SYSTEM. XI. Legal Counsel Whenever legal counsel is required for the benefit of the SYSTEM, such legal counsel shall be furnished by OCT. The cost thereof shall be an operating expense of the SYSTEM. XII. FT AlFDOT Amendments OCT agrees that ifany amendments must be made to this contract so Okaloosa County continues to qualify for any federal or state grants for public transportation, said amendments shall be promptly executed by OCT. XIII. Prohibition on Conflicts of Interest The County and OCT warrant that no employee, officer, or agent of the County, nor any partner of such a person, nor any member of the immediate family of such a person, nor any organization which employs, or is considering to employ such a person, has a financial or other interest in OCT or will otherwise benefit from the execution or performance of this agreement. Attachments I and II are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature. XIV. Notices All notices hereunder, and communication with respect to this contract shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: OCT: 207 Hospital Drive ATTN: Ruth Lovejoy, Executive Director Okaloosa County Council on Aging Fort Walton Beach, FL 32548 And Okaloosa County: 602-C North Pearl Street ATTN: John Christopher, Contracts Lease Coordinator Purchasing Department Crestview, FL 32536 - 15 - The name and address of the contract manager for the County for this Contract is: Christy R. Johnson, AICP 1804 Lewis Turner Blvd. Ste. 200 Fort Walton Beach, Florida 32547 The representative/position responsible for administration of the program under this contract is: Barry Peterson, Program Manager 600 Transit Way Fort Walton Beach, Florida 32547 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 writing to the other party and said notification attached to originals of this Contract. XV. Expiration of Agreement This agreement will expire on September 30, 2010, unless an extension of the time period is requested by OCT and granted in writing by the County. This entire agreement and its attachments and exhibits contain all the terms and conditions agreed upon by the parties hereto WITNESS WHEREOF, the parties hereto have caused these presents to be executed. Okaloosa County Transit (OCT) Okaloosa County Board of County Commissioners Ruth Lovejoy, Executive Director William J Roberts ill, Chairman Signature and Date 07/£<7/0 - 16 -  ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. OCT will be able to provide: Type of Service - Paratransit and Bus Service 2. OCT will be available to provide transportation 7 days a week, 24 hours a day. Days Agency/Operator will not be able to provide services: None 3. Vehicles Agency/Operator will use to transport all passengers (Vehicle Inventory attached as Exhibit A) 4. VehiclelEquipment Standards As required in the Coordinator's System Safety Plan attached as Exhibit B - 17 - 5. Driver Requirements (if any) As required in the Coordinator's System Safety Plan attached. 6. Training As required in the Coordinator's System Safety Plan attached. 7. OCT fare structure Agency/Operator fare structure A. Demand Response Ambulatory $1.29/grid mile Wheelchair $ 1. 29/grid mile + $4.85/WC Load Fee Stretcher $1.29/grip mile + $23.56 Load Fee AHCA $1.29/grid mile + $4.85/WC Load Fee (N/C for 1 escort, as required B. Special Multi-loading/same origination or same destination: $.90/grid mile + Applicable Load Fees C. Subscription Services For heavy users. Discount Rate: Negotiated depending on number of passengers and distance D. Shopping Trips/Special Days Off peak hours. Limited choice of three (3) shopping centers. $l.OO/one way trip E. Out of Area Fixed Days. Minimum of three (3) riders. Costs share agency. 8. BillinglInvoicing and Reimbursement procedure for OCT. Monthly invoice to the County, no later the 20h of the month following the month for which - 18 - transportation was provided. 9. Reporting Requirements Daily trip sheets, trip add on sheets, Annual Operating Report, Annual Safety Certification, Drug and Alcohol Program Certification, other reports as may be required by the Commission, other State Agencies, or the County. - 19 -