Okaloosa County BOCC — September 3, 2013 — reading text

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 - Packet Pg. 241 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 - Packet Pg. 242 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 - Packet Pg. 243  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 - Packet Pg. 244 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 - Packet Pg. 245 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 - Packet Pg. 246  AITACHMENTll The Commission for the Transportation Disadvantaged Standards and Perfonnance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be detennined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistance devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security, and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, tom upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; - 20 - Packet Pg. 247 (I) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (1) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver