Okaloosa County BOCC — October 7, 2014 — C03-0927-GM inc amend 1 — reading text

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, 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