Okaloosa County BOCC — August 18, 2015 — Maruti-Executed Contract — reading text

and Alcohol Testing. This Contract involves the operation of a transit service or provides transit vehicle maintenance and/or repair services for or on behalf of the COUNTY, the CONTRACTOR agrees to participate in the COUNTY'S Drug and Alcohol testing program that complies with 49 CFR Part 655 , part 40 and 49 U.S.C. §, as amended by MAP-21 . In the event the CONTRACTOR subcontracts all or part of the transit service to a third party, a similar requirement including review and approval by the COUNTY's contract administrator must be included in any subsequent agreement. The CONTRACTOR further agrees to certify, prior to the commencement of services under the Contract and annually thereafter, compliance with current FTA regulations, including the submittal of the Management Information System (MIS) reports annually, to the COUNTY's representative/liaison. 21 . Privacy Act. This Contract involves the operation of a transit service or provides transit vehicle maintenance and/or repair services for or on behalf of the COUNTY, and drug and alcohol enforcement activities files are organized so that information could be retrieved by personal identifier. Accordingly, the CONTRACTOR agrees to comply with , and assures the compliance of its employees with , information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC 552a. Among other things , the CONTRACTOR agrees to obtain the express consent of the Federal Government before the CONTRACTOR or its employees operate a system of records on behalf of the Federal Government. The CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violating the Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Contract. The CONTRACTOR also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with federal assistance provided by FTA. Page 38 of 45 22. Charter Bus. The CONTRACTOR agrees to comply with 49 USC 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally-funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental ," i.e. , it must not interfere with or detract from the provision of mass transportation. 23. School Bus Requirements. Pursuant to 49 USC 5323(f) and 49 CFR Part 605 , recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally-funded equipment, vehicles, or facilities . 24. HIPAA. The CONTRACTOR shall comply with all laws and regulations relating to medical confidentiality and patient privacy, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH"), as they may be amended from time to time and the regulations promulgated thereunder by the Federal and State agencies responsible for their implementation. The CONTRACTOR shall comply with the terms of Article 6, the standard "BUSINESS ASSOCIATE" Agreement as required by the COUNTY to implement the HIPAA regulations. 25. Use of Seat Belts. The CONTRACTOR is encouraged to adopt and promote on- the-job seat belt use policies for its employees and other personnel that operate company owned , rented or personally operated vehicles. 26. Lobbying. The CONTRACTOR agrees to file the certification required by U.S. Department of Transportation regulation , "New Restrictions on Lobbying," 49 CFR Part 20, modified as necessary for 31 USC §1352. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC §1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant, or award covered by 31 USC §1352 . Such disclosures are forwarded from tier to tier up to the recipient. Page 39 of 45 27. ADA Access . The CONTRACTOR shall comply with 42 U.S.C. Sections 12101 et seq.; DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; 36 CFR Part 1192 and 49 CFR Part 38. ARTICLE 30 - SCRUTINIZED COMPANIES As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the COUNTY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of $2 Million or twice the amount of this Contract shall be imposed , pursuant to F.S. 287.135. ARTICLE 31 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes to the Scope of Work, including alterations, reductions therein , or additions thereto. Upon receipt by the CONTRACTOR of the COUNTY's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change; (2) notify the COUNTY of any estimated change in the completion date; and (3) advise the COUNTY if the contemplated change shall affect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs, in writing, the CONTRACTOR shall suspend work on that portion of the Scope of Work affected by a contemplated change , pending the COUNTY's decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment, and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed on behalf of the COUNTY. ARTICLE 32 - NO INTENDED THIRD PARTY BENEFICIARIES This Contract is made solely and specifically among and for the benefit of the parties hereto. It is not intended to be a third party beneficiary contract and confers no rights on anyone other than the parties hereto. No other person or entity shall have any rights , interest, or claims hereunder or be entitled to any benefits under or on account of this Contract as a third-party beneficiary. Page 40 of 45 ARTICLE 33 - NOTICE All notices required in this Contract shall be sent by certified mail (return receipt requested) , hand delivered , or sent by other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Zan Fedorak Purchasing , Okaloosa County, 602-C North Pearl Street, Crestview, Florida, 32536. If sent to the CONTRACTOR, notices shall be addressed to: Eduardo Carrion , Vice President Maruti Fleet & Management, LLC 4533 Highway Avenue Jacksonville, FL 32254 ARTICLE 34 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in the Contract may be added to, modified , superseded , or otherwise altered , except by written instrument executed by the parties hereto in accordance with Article 31 - Modifications of Work. ARTICLE 35 - REGULATIONS; LICENSING REQUIREMENTS The CONTRACTOR shall comply with all laws, ordinances and regulations applicable to the services contemplated herein , to include those applicable to conflict of interest and collusion. CONTRACTOR is presumed to be familiar with all federal , state and local laws, ordinances , codes and regulations that may in any way affect the services offered. THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY Page 41 of 45 IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Contract on the day and year above written. OKALOOSA COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS By: --:--=--=-_-:--,.,--_ _ _ __ By: --:-:---,-:-----:::-:::--:_-=-:--:--_ __ J. D. Peacock II Nathan D. Boyles, Chairman Clerk & Comptroller WITNESSES: CONTRACTOR Maruti Fleet & Management, LLC Signature Name (type or print) Typed Name Res/dad: Signature Title