1
Exhibit 10.27
AGREEMENT
Between
BROWARD COUNTY
AND
AAA WHEELCHAIR WAGON SERVICE, INC.
for
PARATRANSIT SERVICES
2
TABLE OF CONTENTS
PAGE
----
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 2
ARTICLE 2 SERVICE AREA 12
ARTICLE 3 SCOPE OF SERVICES AND SERVICE 12
DESCRIPTION
ARTICLE 4 SERVICE STANDARDS 30
ARTICLE 5 TRANSITION AND IMPLEMENTATION 44
ARTICLE 6 CONTRACTOR'S OBLIGATIONS 44
ARTICLE 7 COUNTY'S OBLIGATIONS 46
ARTICLE 8 REPORTS AND DOCUMENTS 48
ARTICLE 9 COMPUTERIZED TRIP MANAGEMENT SYSTEM 50
ARTICLE 10 COMPENSATION AND COLLECTION 54
ARTICLE 11 TERM OF AGREEMENT 55
ARTICLE 12 AGREEMENT COORDINATION AND 56
RESPONSIBILITIES
ARTICLE 13 RECORDS AND AUDIT 56
ARTICLE 14 CHANGES AND MODIFICATIONS 57
ARTICLE 15 TERMINATION 57
ARTICLE 16 INSURANCE AND INDEMNIFICATION 58
ARTICLE 17 ASSIGNMENT AND/OR TRANSFER 61
ARTICLE 18 NOTICES 61
ARTICLE 19 EQUAL EMPLOYMENT OPPORTUNITY 62
MINORITY BUSINESS PARTICIPATION AND
COMPLIANCE WITH FEDERAL CIVIL RIGHTS
REGULATIONS
ARTICLE 20 STATE LAW AND COUNTY ORDINANCES 65
ARTICLE 21 SPECIAL PROVISIONS 65
EXECUTION COUNTY 69
CONTRACTOR 70
3
AGREEMENT
Between
BROWARD COUNTY
and
AAA WHEELCHAIR WAGON SERVICE, INC.
for
PARATRANSIT SERVICES
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to
as "COUNTY," through its Board of County Commissioners,
AND
AAA WHEELCHAIR WAGON SERVICE, INC., its successors and assigns,
hereinafter referred to as "CONTRACTOR."
WHEREAS, the Americans with Disabilities Act ("ADA") is a civil Rights Act
that was signed into law on July 26, 1990, which prohibits discrimination
against individuals with disabilities in the areas of employment, public
accommodations, transportation, communication, etc.; and
WHEREAS, the ADA requires that the COUNTY provide complementary
paratransit services within the mandates of the ADA to qualified individuals
with disabilities who are unable to use a fixed route system; and
WHEREAS, the ADA establishes criteria for the provision of such
paratransit services to qualified individuals with disabilities; and
WHEREAS, ADA-qualified individuals with disabilities who, because of a
functional impairment, are unable to utilize the fixed route system will be
eligible for this paratransit service; and
WHEREAS, COUNTY receives, from time to time, grant funds from the state
of Florida for the purpose of providing supplemental transportation
disadvantaged services; and
WHEREAS, COUNTY has entered into an Agreement for the provision of
transportation services under and in accordance with COUNTY'S Memorandum of
Agreement ("MOA") with the State of Florida Transportation Disadvantaged
Commission, wherein COUNTY is to coordinate services for the transportation
disadvantaged, as said term is defined in Chapter 427, Florida Statutes (1995);
and
4
WHEREAS, COUNTY instituted the Competitive Procurement Process to choose
vendors to provide paratransit services for the transportation disadvantaged in
Broward County; and
WHEREAS, the Selection Negotiation Committee selected CONTRACTOR and
recommends award of the nonexclusive right to provide paratransit services in a
designated area for Broward County to CONTRACTOR; and
WHEREAS, CONTRACTOR is desirous of entering into an agreement with
COUNTY to provide reliable, dependable, cost-effective, and demand-responsive
ground transportation to ADA-qualified individuals with disabilities pursuant to
the mandates of the ADA and in accordance with Chapter 427, Florida Statutes
(1995), and to provide transportation services for the elderly, disabled, and
socially disadvantaged; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, COUNTY and CONTRACTOR hereby
agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants,
conditions, terms and provisions which follow, the Definitions and
Identifications set forth below will control and govern and are agreed upon by
the parties:
1.1 ADA Trip: "ADA Trip" shall mean a one-way trip provided to a client
certified eligible under the guidelines of the Americans With
Disabilities Act, which meets the service criteria defined herein.
1.2 Administrator: "Administrator" shall mean the County Administrator of
the Broward County government or his or her designee.
1.3 Advanced Reservation Service: "Advanced Reservation Service" shall mean
service which is reserved by the client up to fourteen (14) days in
advance under the ADA program.
1.4 Ambulatory: 'Ambulatory" shall mean any person who can enter, occupy,
and exit as a passenger in a motor vehicle with limited assistance and
does not require the use of special equipment such as wheelchair, or
scooter, or bodily lifting by the driver.
-2-
5
1.5 Americans With Disabilities Act of 1990 ("ADA"): "Americans with
Disabilities Act of 1990" ("ADA") shall mean the Civil Rights Act
signed into law on July 26, 1990, as Public Law 101-336, 000 Xxxx. 000,
00 X.X.X. 00000-00000 and 47 U.S.C. 225 and 661, as it is currently
enacted and as may be amended from time to time.
1.6 Annual Operating Report: "Annual Operating Report" shall mean an annual
report prepared by the Community Transportation Coordinator detailing
the designated area's operating and performance statistics for the most
recent operating year.
1.7 Availability: "Availability" shall mean a measure of the capability of
a transit system to be used by potential patrons, such as the hours the
system is in operation, the route spacing, the seating availability,
and the pick up and delivery time parameters.
1.8 Board: The "Board" shall mean the Board of County Commissioners of
Broward County, Florida, its successors and assigns, which is the
governing body of Broward County government.
1.9 Cancellations: "Cancellations" shall mean notification to the
CONTRACTOR, by the client, at least two (2) hours in advance of the
pick up time that a prearranged trip is no longer required.
1.10 Chapter 427, Florida Statutes: "Chapter 427, Florida Statutes" shall
mean the Florida Statute establishing the Commission for the
Transportation Disadvantaged and prescribing its duties and
responsibilities as currently enacted or as may be amended from time to
time.
1.11 Client (Passenger): "Client" shall mean an eligible recipient of the
service.
1.12 Community Transportation Coordinator (CTC) "Community Transportation
Coordinator" shall mean a transportation entity recommended consistent
with Section 427.015(1), Florida Statutes, and approved by the
Commission for the Transportation Disadvantaged, to ensure that
coordinated transportation services are provided to serve the
transportation disadvantaged population in a designated service area.
1.13 Companion: "Companion" shall mean a person, other than a personal care
attendant, traveling with an ADA eligible client and having the same
origin and destination as the eligible individual pursuant to 42 CFR
Section 37.123(f).
-3-
6
1.14 Complaint (Service Complaint): "Complaint (Service Complaint)" shall
mean a routine incident which may occur on a daily basis, as reported
to the Paratransit Customer Services staff, and is resolved within the
course of a reasonable time period. Examples of Complaints include, but
are not limited to, the following: Denial of Service, Scheduling
Errors, Late Pick Ups, Client Behavior, Driver Behavior, and Passenger
Discomfort.
1.15 Computerized Trip Management System (CTMS): "Computerized Trip
Management System" shall mean a system comprised of the following
components: a networked software package for real time paratransit
scheduling and dispatch, a file server, workstations, data
communication equipment (routers, hubs, modems, adapter cards, cabling,
etc. . .) and associated data (for example: GIS map, client, trip,
destinations, etc . . . ).
1.16 Contract Administrator: "Contract Administrator" shall mean the
Director of the Division of Mass Transit or his/her designee.
1.17 Contracting Officer: "Contracting Officer" shall mean the Director of
the Broward County Mass Transit Division, or those persons to whom
contractual authority has been delegated.
1.18 Coordinating Board: "Coordinating Board" shall mean an entity locally
known as the Broward County Coordinating Board (BCCB) composed of
representatives appointed by the Metropolitan Planning organization to
provide assistance to the Community Transportation Coordinator (CTC)
relative to the coordination of transportation services.
1.19 coordination: "Coordination" shall mean the arrangement for the
provision of transportation services to the transportation
disadvantaged in a manner that is cost effective, efficient, and
reduces fragmentation and duplication of services. Coordination is not
the same as total consolidation of transportation and transportation
disadvantaged services.
1.20 Coordination Contract: "Coordination Contract" shall mean a written
contract between the Community Transportation Coordinator and an
agency, which receives transportation funds and performs some, if not
all, of its own services, as well as services of others, under certain
conditions. The Contract reflects the specific terms and conditions
that will apply to those agencies who perform their own transportation
services to and from the coordinator.
-4-
7
1.21 Core service Area: "Core Service Area" shall mean the portion of the
complementary paratransit service area in which corridors with a width
of three-fourths (3/4) of a mile on each side of each fixed route merge
together, such that, with few and small exceptions, all origins and
destinations within the area would be served.
1.22 COUNTY: "County" shall mean Broward County, a body corporate and
politic and a political subdivision of the state of Florida.
1.23 Demand Response: "Demand Response" shall mean a transportation service
characterized by flexible routing and scheduling of relatively small
vehicles to provide door-to-door or point-to-point transportation at
the client's request.
1.24 Denial/Refusal of Service: "Denial/Refusal of Service" shall mean any
ride request which cannot be accommodated within the guidelines
outlined in this Agreement.
1.25 Dispatcher: "Dispatcher" shall mean the person responsible for having
every scheduled run leave from the designated originating location on
time, maintaining schedules, and monitoring of the work force and work
load on a minute-by-minute basis. In "Demand Response" transportation
"Dispatcher" shall mean the person who assigns the customers to
vehicles and notifies the appropriate drivers.
1.26 Door-to-Door Service: "Door-to-Door Service" shall mean transportation
service which requires the driver to assist the client(s) from the main
accessible door at the point of origin to the main door of the point of
destination. This may include assisting the client(s) to lock/unlock
the outside door at the origin-destination if requested by the
client(s). This does not include lifting of any client(s).
1.27 Drivers: "Drivers" shall mean all drivers providing services for
CONTRACTOR under this Agreement.
1.28 Escort/PCA: "Escort/PCA (Personal Care Attendant)" shall mean a person
traveling as an aide to facilitate travel by a person with a
disability. Personal care attendants may include, but are not limited
to, nurses, caretakers, and parents of clients. Pursuant to 42 CFR
Section 37.125(i), client shall indicate, at the time of
registration, whether or not he or she travels with a personal care
attendant. No fare shall be collected from an Escort/PCA.
-5-
8
1.29 Excessive Trip Length : "Excessive Trip Length" shall mean a one way
trip wherein the ride shall not exceed two (2) times the normal,
direct-route ride time for a particular trip.
1.30 FDOT: "FDOT" shall mean the Florida Department of Transportation.
1.31 Fixed Route (Fixed Schedule) "Fixed Route" (Fixed Schedule) shall mean
a system of transporting individuals on which a vehicle is operated
along a prescribed route according to a fixed schedule.
1.32 FTA: "FTA" shall mean the Federal Transit Administration (formerly
known as the Urban Mass Transportation Administration [UMTA]).
1.33 Grievance Process: "Grievance Process" shall mean a formal procedure,
as provided by the BCCB, that provides a channel for the resolution of
client disputes through discussion at progressively higher levels of
authority, culminating in arbitration if necessary.
1.34 In Service: "In Service" shall mean the time a vehicle begins the route
to provide transportation service to a client until the time the route
is completed.
1.35 Inadequate Service: "Inadequate Service" shall mean service which
includes, but is not limited to: rides that are over thirty (30)
minutes late, missed trips, discourteous operators or personnel,
vehicles that arrive more than fifteen (15) minutes early, excessive
trip length, clients dropped off at wrong addresses, and other
conditions, circumstances, or behaviors which have a substantial
adverse effect on the trip or the client.
1.36 Incident: "Incident" shall mean an accident, any moving violation for
which CONTRACTOR'S driver is issued a citation, or any event which
occurs while CONTRACTOR is providing service, which requires the
intervention of COUNTY, management of CONTRACTOR, and/or other
governmental agencies.
1.37 Individual with Disability: "Individual with Disability" shall mean an
individual who has a physical or mental impairment that substantially
limits one or more of the major life activities of such individual, a
record of such an impairment, or being regarded as having such an
impairment, and is as more particularly defined in 42 CFR Section
37.123(e).
-6-
9
1.38 Medicaid Transportation: "Medicaid Transportation" shall mean
transportation services to be provided for an eligible Medicaid
recipient to receive Medicaid compensable services from providers
including, but not limited to, physicians, clinics, dentists, or
hospitals.
1.39 Memorandum of Agreement: "Memorandum of Agreement" shall mean the State
of Florida Agreement for Transportation Disadvantaged Services
purchased by federal, state, or local government transportation
disadvantaged funds. The Agreement is between the Commission and the
Community Transportation Coordinator and recognizes the Community
Transportation Coordinator as being responsible for the arrangement of
the provision of transportation disadvantaged services for a designated
service area.
1.40 MTDAS PT: "MIDAS PT" shall mean the operating paratransit software and
data component of the CTMS.
1.41 Missed Trip: "Missed Trip" shall mean when a CONTRACTOR does not pick
up a client for a scheduled trip with the exception of a trip canceled
by a rider or a rider no show. Rides canceled by the CONTRACTOR shall
be considered a missed trip.
1.42 Mobility Aids: "Mobility Aids" shall mean a device or animal used by a
person to facilitate travel, including, but not limited to, Escort/PCA,
a wheelchair, xxxxxx or cane, or a service animal, such as a guide dog.
1.43 Multi-Loading: "Multi-Loading" shall mean the transportation of two or
more persons in a shared ride mode in a common vehicle.
1.44 Next Day Service: "Next Day Service" shall mean a trip provided on a
particular day in response to a request for service made by 5:00 p.m.
the day preceding the day travel is requested.
1.45 No Show: "No Show" shall mean failure of a rider to cancel a
prearranged trip within two (2) hours of the pick up time or failure to
appear at the designated point within five (5) minutes of the arrival
of the vehicle. Vehicle must arrive within fifteen (15) minutes before
or after the scheduled time.
1.46 Non-Ambulatory: "Non-Ambulatory" shall mean any person who is mobility
impaired and must be transported in a lift or ramp equipped vehicle.
-7-
10
1.47 On Time: "On Time" shall mean service vehicle arriving within fifteen
(15) minutes before or fifteen (15) minutes after the pick up time
recorded at the time of the scheduled trip request. For example, for a
pick up scheduled on the vehicle manifest as 10:15 a.m., riders shall
expect to be picked up between 10:00 a.m. and 10:30 a.m. The vehicle is
on time if it arrives no earlier than 10:00 a.m. and no later than
10:30 a.m.
1.48 Off Peak: "Off Peak" shall mean a period of a day or night during
which travel activity is generally low and a minimum of transportation
is operated.
1.49 Paratransit: "Paratransit" shall mean comparable public transportation
services required by the ADA for qualified individuals with
disabilities who are unable to use fixed route transportation services,
or service to other qualified individuals with disabilities, on demand,
by reservations, by subscription, and on a shared-ride basis.
1.50 Passenger Miles: "Passenger Miles" shall mean the number of miles each
individual fare-paying or sponsored passenger rides on the vehicles.
This is a duplicated mileage count. For example, if ten (10) people
ride together for ten (10) miles, there would be one hundred (100)
passenger miles.
1.51 Passenger Trip: "Passenger Trip" shall mean a unit of service which is
measured from the time a driver begins escort service for a passenger
pick up to the time when the passenger is escorted to the arranged
destination. Each different destination would constitute a passenger
trip. This unit of service is also known as a "one-way passenger trip".
1.52 Personal Belongings: "Personal Belongings" shall mean passenger
(client) property that can be carried by the passenger (client) and
safely stowed for transport with the passenger (client) at no
additional charge. "Personal Belongings" do not include for the
purposes of this definition wheelchairs, child seats, stretchers,
secured oxygen, or personal assistive devices.
1.53 Prescheduled Trip: "Prescheduled Trip" shall have the same definition
as "Advanced Reservation Service."
1.54 Qualified Client: "Qualified Client" shall be defined as an individual
with a disability who has been determined eligible for paratransit
service.
-8-
11
1.55 Reservation: "Reservation" shall have the same definition as "Advanced
Reservation Service."
1.56 Response Time: "Response Time" shall mean elapsed time between an
immediate request for service and the provision of service where the
provision of service is measured as the time the vehicle arrives to
pick up the client.
1.57 Revenue Miles: "Revenue Miles" shall mean the number of miles driven
while passengers are in the vehicle. For example, if ten (10)
passengers rode ten (10) miles together, there would be ten (10)
revenue miles.
1.58 Rider: "Rider" shall mean a person or client who reserves and receives
a trip through the operator.
1.59 Rider's Choice: "Rider's Choice" shall mean a paratransit system which
allows the rider to choose between two (2) or more carriers for a trip.
1.60 Road Call: "Road Call" shall mean a count of the "in-service"
interruptions caused by failure of some mechanical element of the
vehicle. "Road Call" excludes accidents.
1.61 Routing: "Routing" shall mean the organization of individual pick ups
and drop offs so as to maximize multi-loading and the efficient
utilization of drivers and vehicles without undue burden or excess
riding time for riders.
1.62 Rule 41-2, Florida Administrative Code: "Rule 41-2, Florida
Administrative Code" shall mean the rule adopted by the Commission for
the Transportation Disadvantaged to implement provisions established in
Chapter 427, Florida Statutes, as currently enacted or as may be
amended from time to time.
1.63 Same Day Service: "Same Day Service" shall mean the service that is
provided to a client on the same day that a request for service is
made.
1.64 Scheduling: "Scheduling" shall mean the assignment of a reservation to
a route and the estimating of a pick up time for a rider based upon the
rider's required arrival time at a designated location.
1.65 Service Animals: "Service Animals" shall mean any guide dog, signal
dog, or other animal individually trained to work or perform tasks for
an individual with a
-9-
12
disability, personal care attendant, or companion, including, but not
limited to, guiding individuals with impaired vision, alerting
individuals with impaired hearing, providing minimal protection or
rescue work, pulling a wheelchair, or fetching dropped items.
1.66 Service criteria: "Service criteria" shall mean the six service
measures used to define comparability between fixed route service and
complementary paratransit service, which include service area, response
time, fares, trip purpose, hours and days of service, and capacity
constraints, as same are defined within the ADA.
1.67 Service Hours: "Service Hours" shall mean periods during which the
Broward County Transit fixed route system operates and other periods as
agreed to by the parties hereto.
1.68 Service Plan: "Service Plan" shall mean a three-year implementation
plan which contains the goals the Community Transportation Coordinator
plans to achieve and the means by which they plan to achieve them. The
plan shall be approved and used by the Coordinating Board to evaluate
the Community Transportation Coordinator.
1.69 Standee: "Standee" shall mean a rider who is allowed to ride the lift
on lift-equipped vehicles. Whenever a standee rides a lift, the driver
shall accompany the rider on the lift to ensure he/she does not slip or
fall, unless a companion or personal care attendant is available to
assist.
1.70 Standing Order: "Standing Order" shall mean a trip for which an
individual goes to and from the same origin and destination, at the
same time of day, at least once a week and requests the trip through a
standing reservation rather than a daily request. Also referred to as a
"Subscription Trip."
1.71 Stranded Passenger: "Stranded Passenger" shall mean a rider not picked
up within one hour of his/her scheduled pick up time.
1.72 Subscription Trip: "Subscription Trip" shall mean a trip for which an
individual goes to and from the same origin and destination, at the
same time of day, at least once a week and requests the trip through a
standing reservation rather than a daily request. Also referred to as a
"Standing Order."
-10-
13
1.73 Transferable Passengers: "Transferable Passengers" shall mean any
person who uses a wheelchair who can enter, occupy, and exit a motor
vehicle with limited or no assistance, not requiring the use of special
equipment or bodily lifting by the chauffeur. For these trips, the
wheelchair is safely and securely stored in the trunk or interior of
the vehicle.
1.74 TD (Transportation Disadvantaged): "TD (Transportation Disadvantaged)"
shall mean those persons who because of physical or mental disability,
income status, or age are unable to transport themselves or to purchase
transportation and are, therefore, dependent upon others to obtain
access to health care, employment, education, shopping, social
activities, or other life-sustaining activities, or children who are
COMPREHENSIVE PARATRANSIT SERVICEcapped or high risk or at-risk as
defined in Section 411.202, Florida Statutes.
1.75 TDSP (Transportation Disadvantaged Service Plan): "TDSP (Transportation
Disadvantaged Service Plan)" shall mean Service Plan.
1.76 Transportation Contractor ("CONTRACTOR"): "Transportation Contractor
("CONTRACTOR")" shall mean one or more public, private for profit, or
private nonprofit entities engaged by the Community Transportation
Coordinator to provide service under the terms and conditions of this
project.
1.77 Trip Sheet: "Trip Sheet" shall mean a record kept of specific
information required by ordinance, rule, or operating procedure for a
period of time worked by the driver of a public passenger vehicle in
demand-response service. This is also known as a driver's log or
manifest.
1.78 Unauthorized client: "Unauthorized Client" shall mean any client who
does not meet the requirements of COUNTY'S paratransit eligibility
process.
1.79 Unauthorized Location: "Unauthorized Location" shall mean a location
outside the service boundaries in effect at the time of the trip,
unless the trip has been specifically authorized in writing by COUNTY.
1.80 Vehicle Hour: "Vehicle Hour" shall mean the in service of a
transportation vehicle for a period of one hour.
1.81 Vehicle Miles: "Vehicle Miles" shall mean the total number of miles
driven by a vehicle within a specified time period, with or. without
passengers aboard. This
-11-
14
definition includes deadhead (mileage to/from a base location at the
beginning of the day and at the end of the service day), maintenance,
and non-revenue miles.
1.82 Will-Call: "Will-Call" shall mean a request for immediate response trip
not pre-scheduled.
1.83 Window: "Window" shall mean the period of time allowed prior to and
after the scheduled time of pick up of any rider(s).
ARTICLE 2
SERVICE AREA
2.1 Service Area: CONTRACTOR shall provide paratransit transportation
services in full compliance with the terms and conditions set forth in
Exhibit "A," attached hereto and incorporated herein by reference
thereto, describing the boundaries of the service area in which the
CONTRACTOR may provide service and the service components to be
provided by CONTRACTOR, as defined within MIDAS PT.
2.2 Service Area Adjustments: COUNTY, in its sole discretion, retains the
right to adjust the boundaries of CONTRACTOR's service area and service
components as described by Exhibit "A." Any such adjustments shall be
preceded by notice detailing such changes. Notice shall be provided
thirty (30) days prior to any such adjustments, or as otherwise agreed
to by the parties, and CONTRACTOR shall comply with said changes.
ARTICLE 3
SCOPE OF SERVICES AND SERVICE DESCRIPTION
3.1 Program Objectives: The purpose of this program is to provide
transportation services to qualified individuals with disabilities in
accordance with the mandates of the ADA, to the transportation
disadvantaged in accordance with the mandates of Chapter 427, Florida
Statutes (1995), and to those persons meeting the criteria as defined
by COUNTY (hereafter "Clients"). It is the COUNTY's intent that these
services be provided in a method that maximizes participation,
increases competition, is cost effective, and provides the best
possible quality service to the transportation disadvantaged and
individuals with disabilities. COUNTY reserves the right to enroll
additional service providers into the program to meet the herein stated
Program Objectives. Client's must be approved or certified by
-12-
15
COUNTY. Only COUNTY shall provide certification information to
CONTRACTOR.
3.2 Memorandum of Agreement (MOA): CONTRACTOR agrees to comply with all of
the requirements of local, state, and federal laws relating to the
provisions of transportation services and in accordance with all of the
terms and conditions of the MOA, attached hereto as Exhibit "B" and
incorporated herein by reference thereto, as currently existing or as
may be amended from time to time.
3.3 CONTRACTOR Services: CONTRACTOR shall furnish at its sole cost and
expense all facilities, labor, materials, and equipment required to
provide all necessary service in the manner and form provided herein
for transportation and scheduling with the exception of those
facilities, labor, materials, and equipment provided for by COUNTY
pursuant to the terms of this Agreement. These services shall be
governed by the Memorandum of Agreement, the Transportation
Disadvantaged Service Plan (TDSP) , and the ADA Paratransit Service
Plan as currently enacted and as may be amended from time to time.
3.4 Scope of Work: CONTRACTOR shall provide services as per Exhibit "A".
The COUNTY Transportation Option Program includes two service
components: "Program Trips" and "Rider's Choice." Pursuant to the
mandates of the ADA, CONTRACTOR agrees that it will not discriminate as
to trip purpose and will comply with all local, state, and federal laws
and regulations that apply to the provision of transportation under the
ADA, transportation disadvantaged services required by Chapter 427,
Florida Statutes (1995), Rule 41-2, Florida Administrative Code, and
specific policies and procedures which relate to local sponsor agency
requirements.
3.4.1 "Program Trips": CONTRACTOR shall provide service to specific
large congregate sites and/or high volume agency locations as
designated by the COUNTY and as may be amended from time to
time. These are subscription trips which are based upon
geographically designated areas.
3.4.1.1. Program Trip Adjustments: COUNTY, in its sole
discretion, retains the right to adjust the Program
Trip assignments as provided for by Exhibit "A."
3.4.2 "Rider's Choice": CONTRACTOR shall provide a driver assisted,
door-to-door, advance reservation program, to clients who
choose their service.
-13-
16
3.5 Client Certification and Scheduling: Certification of eligibility,
service, assignments, and authorization will be accomplished through
linking the COUNTY'S CTMS with the CONTRACTOR's reservation and
scheduling system. This system will provide a direct link between
CONTRACTOR and COUNTY.
3.6 Types of Trips Provided Via Service Components and Responsibilities of
the Parties per Type of Trip Provided: The following types of trips
will be provided as part of the "Program Trip," "Rider's Choice,"
service component program, and the parties hereto will have the
following responsibilities per type of trip provided:
3.6.1 "Pre-Scheduled Trips": These advanced reservation, demand
response, trips shall be provided on a first-come, first serve
basis.
3.6.2 "Subscription Trips": ADA Paratransit riders shall have
priority for subscription trips when subscription capacity is
inadequate to meet all requests for subscription service.
CONTRACTOR shall maintain a list of subscription clients by
funding component to document the level of subscription
service provided and shall provide information to COUNTY upon
request. Information requested may include listing the number
of subscriptions scheduled, the days of the week of the
subscriptions, the pick up times for the scheduled
subscriptions, and any other information requested. COUNTY
reserves the right to set limits on the number of daily
subscription trips allowed in accordance with ADA regulations.
COUNTY shall allow clients to change providers for
subscription trips only one (1) time per calendar month, with
the change in service provider beginning on the first day of
the subsequent month, except in special cases as determined by
COUNTY.
3.6.3 "Same Day Service": Requests for service made on the same day
may be provided at the discretion of CONTRACTOR. CONTRACTOR
shall make every reasonable effort to accommodate same day
trip requests.
3.6.4 "County Special Trips": Trips requested by COUNTY staff to be
provided to clients involved with special COUNTY activities
outside the scope of ordinary service provision. These may
include, but are not limited to, ADA Eligibility and Appeals
transportation.
-14-
17
3.6.5 "Emergency Trips": During emergency circumstances, including
but not limited to hurricane evacuation, as determined solely
by, and at the discretion of COUNTY, CONTRACTOR shall be
required to provide transportation on a will-call basis to all
riders including those who may not otherwise be eligible for
these services.
3.7 Provision of Service: Transportation service will be provided by
CONTRACTOR as follows:
3.7.1 Eligibility Determinations: Determinations are made as to
client eligibility for service in the following manner:
3.7.1.1 ADA Paratransit Eligibility: COUNTY has established a
certification process for ADA Paratransit Eligibility
as required by the ADA. Only those clients whose
disabilities prevent them from using the fixed route
system are eligible for this service. Once
certification has been established on specific
clients, COUNTY will provide CONTRACTOR with a list
of eligible ADA riders. If an individual is
transported without certification by COUNTY, COUNTY
shall not provide reimbursement for such trip(s).
3.7.1.2 Transportation Disadvantaged (TD) Funded Trips:
COUNTY determines eligibility and provides
authorization, and preserves the right to limit the
number of trips and/or prioritize by trip purpose for
Transportation Disadvantaged Sponsored Trips in
accordance with the eligibility criteria established
by the Florida Commission for the Transportation
Disadvantaged. Once authorization has been
established on specific clients, COUNTY will provide
CONTRACTOR with a list of eligible TD riders. If an
individual is transported without authorization by
COUNTY, COUNTY will not provide reimbursement for
such trip(s):
3.7.1.3 Agency-Funded Trips: Various other local agencies may
participate in the purchase of service arrangements
under this Agreement. Each agency shall determine
eligibility and provide authorization for Agency
Funded Trips in accordance with the eligibility
criteria established by the appropriate funding
agency. The appropriate funding agency will reimburse
-15-
18
CONTRACTOR for transportation services only if the
client was an eligible agency rider on the date of
the service.
3.7.2 Reservations:
3.7.2.1 Reservation Hours (Reservations): Requests for
Service shall be made available to caller by
CONTRACTOR, through the use of a telephone operator,
seven (7) days a week between the hours of 8:00 a.m.
and 5:00 p.m. Reservations shall be made available
to client by CONTRACTOR through the use of
reservation agents, an answering service, or some
operable mechanical device, such as an answering
machine, during Saturdays and Sundays. Eligible
clients may reserve paratransit service up to
fourteen (14) days prior to the date of the desired
trip. Pick up times may be negotiated, however, an
ADA Paratransit Client may not be required to
schedule a trip to begin more than one hour before or
after the client's desired pick up time.
3.7.2.2 Required Records: For each caller, the call taker
shall, at a minimum, record the following information
on the Computerized Trip Management System (CTMS)
reservation screen:
A. Name of Caller.
B. Appropriate funding component of service.
C. Caller's Paratransit Services Identification
Number.
D. Pick Up location.
E. Drop Off location.
F. Desired pick up time (if applicable).
G. Desired drop off time (if applicable).
H. Telephone number where caller can be
reached.
I. Number in party (PCA and/or Companion).
3.7.3 Scheduling and Dispatching: All trips must be scheduled and/or
dispatched through CONTRACTOR's
-16-
19
local dispatch facility of the COUNTY supplied CTMS. The
COUNTY may within its sole discretion, under certain
circumstances, provide scheduling functions. The following are
requirements pertaining to scheduling and dispatching:
A. Clients will not be permitted to request a specific
driver.
B. CONTRACTORS shall use their best efforts to regularly
assign drivers to routes in order to best serve the
specific needs of their clientele.
C. CONTRACTOR shall not restrict or prioritize
scheduling based upon trip purpose unless otherwise
directed by the COUNTY.
D. All pick up and appointment times shall be confirmed
at the time the trip is reserved.
E. CONTRACTOR shall be responsible for routing vehicles
in stop order (discharge order).
F. If the CONTRACTOR fails to deliver a client to an
appointment on time, the client shall not be
penalized for the return trip when and if he/she
cannot be ready at the scheduled return pick up time.
A window of thirty (30) minutes will be given in
situations such as this from the time the client is
ready for his/her return trip.
G. CONTRACTOR shall consider service for "will calls".
3.7.4 Daily Service Hours: CONTRACTOR shall provide paratransit
transportation throughout CONTRACTOR's designated service area during
the hours of COUNTY'S operations and as may be changed from time to
time.
3.7.4.1 COUNTY'S Current Hours of Operation: Monday through Saturday,
5:30 a.m. to 10:00 p.m., and Sundays and Holidays, 7:30 a.m.
to 8:00 p.m.
-17-
20
3.7.4.2 Specific Holidays: Paratransit service shall be provided as
per COUNTY'S holiday schedule for fixed route service on: New
Year's Day, Labor Day, Memorial Day, Thanksgiving,
Independence Day, and Christmas Day.
3.7.5 Client Pick Up: CONTRACTOR shall be required to provide door-to-door
service. Drivers must go into the lobbies or vestibules of buildings to
seek out and/or assist a client; however, drivers are prohibited from
entering residences. Sounding a horn at the curb shall be insufficient
notification of a ride's arrival. When the client boards the vehicle,
driver shall complete paperwork, or utilize an alternate automated
system, indicating that the pick up has been made. The following
information, at a minimum, shall be recorded by the driver:
A. Actual pick up time.
B. Actual vehicle odometer mileage.
C. Actual fare collected from the passenger.
D. Client signature on the ride ticket, manifest, and route
sheet.
E. Other information as may be required by COUNTY.
3.7.5.1 Failure to Respond on Vehicle Arrival: If the client does not
respond upon the vehicle's arrival at the pick up point, the
driver will immediately radio the dispatcher to assist in
making every attempt to contact the client. If the client does
not appear, the driver shall request instructions from the
dispatcher. After waiting five (5) minutes the dispatcher may
direct the driver to continue on to the next scheduled pick
up. Reasonable attempts should be made to reach the client by
telephone.
3.7.6 Cancellations, No Shows, Denials:
3.7-6.1 Cancellations: CONTRACTOR shall record cancellations in the
CTMS dispatch records on a daily basis. CONTRACTOR shall
notify the COUNTY of:
- 18 -
21
A. Any instances of clients who establish a pattern of
cancellation of two hours or less prior to the
scheduled pick up time.
B. Clients who refuse to pay the initial user fare.
C. Clients who may need to be denied service due to
violent, seriously disruptive, or illegal behavior.
3.7.6.2 No Shows: CONTRACTOR shall record no shows in the CTMS
dispatch records as they occur.
3.7.6.3 Denials/Refusal of Service:
A. CONTRACTOR may refuse to provide contracted
paratransit service to clients if vehicle capacity is
insufficient to accommodate the users at the time
they wish to travel. When service is refused for
vehicle capacity reasons, CONTRACTOR shall: refer
program participants to another contractor, who
provides similar service for COUNTY under this
Agreement, by giving the telephone number(s) of such
contractors to the client or directly assist the
client by attempting to arrange the service with
another contractor. In the event that the client is
unable to arrange service for themselves after
contacting the alternative contractors, the COUNTY
reserves the right to make the service arrangements
for the client directly with a service provider.
B. CONTRACTOR may refuse to provide contracted
paratransit service to clients who engage in violent,
seriously disruptive, or illegal conduct.
In each of. these instances, CONTRACTOR shall document and
record all refusals in the CTMS as they occur. In addition to
logging the denial on the CTMS, CONTRACTOR may be requested to
submit to COUNTY a denial form/log, which shall detail
specifically the reason for the trip denial, the alternatives
offered to the caller, and all other information pertaining
thereto.
- 19 -
22
C. CONTRACTOR may not deny services based upon trip
length, mobility device used by the client,
geographic location within the service area, or time
of day within the hours of service. All requests made
within a service area, during service hours, and with
vehicle capacity shall be honored.
D. Any trip denial or referral of trips which negatively
impacts the paratransit service may be cause for
corrective action including, but not limited to, the
enrollment of additional service providers into the
program, and may be considered a breach of contract
which will be handled in accordance with Article 15
herein.
3.7.7 Drugs, Alcohol, Smoking: Driving while under the influence of drugs
and/or alcohol, or smoking, shall be strictly prohibited. A client's
use of drugs, the consumption of alcoholic beverages, and the smoking
of any substance shall be strictly prohibited while on board as a
passenger utilizing paratransit service. CONTRACTOR shall:
A. Establish such anti-drug and alcohol programs as may
be required by federal regulations.
B. Certify compliance with Federal Transit
Administration Regulations, 49 CFR Part 653 and 49
CFR Part 654, as currently enacted or as may be
amended from time to time, which concern
pre-employment, reasonable suspicion, random testing,
post accident, return-to-duty, and follow-up drug and
alcohol testing of safety sensitive employees.
C. Report applicable testing summaries annually, or as
may be prescribed by COUNTY'S Contract Administrator
and or the COUNTY Program Manager for Drug and
Alcohol Testing.
3.7.8 Permissible Client Transportation Accompaniment/Requirements/
Reimbursable Expenses: The following is a list of categories which set
forth permissible accompaniments for paratransit
- 20 -
23
clients during transportation, the requirements related thereto, and
reimbursable expenses for such accompaniments:
3.7.8.1 Personal Care Attendant: ADA Paratransit clients who are coded in
COUNTY'S eligibility file as "PCA" (Personal Care Attendants) may bring
a PCA with them during transportation. The reservation for a PCA must
be made at the time of the client's original trip request. An ADA
Paratransit client traveling with a PCA may also reserve space for a
Companion. A PCA does not pay a user-fare when riding with an ADA
Paratransit client, and PCA travel is not reimbursable as a separate
trip. ADA Paratransit clients who are coded "PCA" shall self-determine
the need for a PCA, whether occasionally or for every trip and,
pursuant to 49 CFR Part 37.5, shall not be required to bring a PCA. The
only exception to not requiring a PCA would be where a client would
otherwise be suspended from service and the presence of a PCA would
mitigate the need for suspension. PCAs may only ride at the same
time(s) and to and from the same destination(s), as the ADA Paratransit
client.
3.7.8.2 Companions: ADA Paratransit clients shall be allowed to reserve space
for one companion when they make their original reservation(s). This is
in addition to a PCA. Additional companions may travel when vehicle
capacity allows. Companions may only ride at the same time (s) , and to
and from the same origin (s) and destination(s), as the ADA Paratransit
client. Companions traveling pay the same user fare as the client and
are an eligible reimbursable trip for billing purposes.
3.7.8.3 Service Animals: Any animal which is identified and trained to be a
service animal needed by a client, PCA, or companion, to help with
daily activities shall be transported. Service animals are not allowed
to occupy seats. They must be leashed and either kept on the floor of
the vehicle or carried on the lap of the client. Service animals are
not reimbursable as a service trip.
- 21 -
24
3.7.8.4 Personal Belongings: Personal Belongings as defined by Article
I herein may be transported with a paratransit client.
3.7.9 Driver Trip Tickets/Log Sheets: CONTRACTOR shall use driver trip
tickets/log sheets to record trip information. These forms shall be
specifically completed and maintained as documentation of service
provided. CONTRACTOR shall not be reimbursed, in the event that COUNTY
receives an incomplete trip ticket/log sheet, until such document is
completed to the satisfaction of the COUNTY. No reimbursement shall be
processed, or paid, after sixty (60) days of the actual trip date. In
the event that automated swipe-card procedures are installed by COUNTY,
such procedures shall replace any use of written trip tickets/log
sheets.
3.7.10 Drivers: CONTRACTOR is required to keep a daily record for each driver
indicating:
A. Driver's Name.
B. Date of Service.
C. Vehicle Number.
D. Time the driver leaves for in service transportation.
E. Odometer reading from the time the vehicle begins in service
transportation.
F. Time of the driver's first pick up.
G. Time of the driver's last pick up.
H. Odometer reading on arrival at the terminal.
I. Time of arrival back at the terminal.
Any form utilized by CONTRACTOR for this purpose shall be approved by
COUNTY and may be incorporated into the CONTRACTOR'S drivers log.
3.7.11 Identification Cards: In the event that COUNTY implements a policy
regarding identification cards which would require the clients to
present such card while using the service, CONTRACTOR agrees to
cooperate with COUNTY in the enforcement of said
- 22 -
25
policy. COUNTY reserves the right the change the client identification
cards at any time, which may include, but not be limited to, cards
encased in plastic sealers, swipe card format, or picture
identification cards.
3.7.12 Telephone Information Services:
3.7.12.1 Courteous and Polite Dealings: CONTRACTOR shall ensure that
personnel assigned to service telephone lines maintain a
courteous and polite attitude in all dealings relating to the
provision of services.
3.7.12.2 Full Service: Clients (within the service area) shall be
provided full, easy, and toll-free access to paratransit
services. Full access shall include the provision of telephone
devices for the deaf ("TDD") . CONTRACTOR shall have staff
trained in TDD usage and available to answer this machine
during all call taking hours.
3.7.12.3 Exclusivity: Customer reservation telephone lines shall be
exclusively utilized for paratransit service customer
information and will not be used by CONTRACTOR for any other
purpose.
3.7.12.4 On-Hold Tines: CONTRACTOR shall establish a system to keep
on-hold time at a minimum while clients are booking
transportation. A minimum shall be defined as no more than
ninety (90) seconds.
3.7.12.5 Reporting Function: CONTRACTOR shall have a reporting function
on the phone system which measures the number of calls by
function, average length of call, hold times, abandoned calls,
cancellations, and other reporting capabilities.
3.7.12.6 Hotline: CONTRACTOR shall provide a "hotline" telephone number
(unpublished), for exclusive use by COUNTY staff. Such
telephone line shall provide for direct communication in
resolving day-to-day operational issues and shall be active
and functioning during all hours of service delivery. This
hotline telephone number shall be supplied to COUNTY prior to
initiating service.
- 23 -
26
3.7.13 Unauthorized Service: CONTRACTOR shall not be reimbursed for service
provided to unauthorized clients or to unauthorized locations.
3.7.14 Coordination of Service: CONTRACTOR shall coordinate service with
COUNTY fixed route bus service and other public transportation services
where available and appropriate. The service dispatcher shall be
familiar with other public transportation services available in the
service area covered by this Agreement.
3.7.15 Assignment of Client: COUNTY reserves the right to assign specific
clients to designated contractors which may best serve a particular
client's special needs.
3.7.16 Wheelchair to Seat Transfer: CONTRACTOR may ask clients who use
wheelchairs if they wish to transfer from wheelchair to seat once
aboard a vehicle. Such transfer is entirely at the discretion of the
client and service may not be refused or denied based upon the decision
of the client.
3.7.17 Client Safety: All clients are required to be secured by a seatbelt and
the CONTRACTOR shall ensure that all clients utilize safety belts. Any
report of unsafe driving and unsafe or uncomfortable vehicles shall be
acted upon, and corrective action shall be taken, by CONTRACTOR and
COUNTY so as to achieve a solution consistent with satisfactory
performance of the objectives of this Agreement.
3.7.18 Grievance Procedure: A formal grievance procedure, pertaining to the
provision of service, has been established by the Broward County
Coordinating Board (BCCB) in accordance with Florida Commission for the
Transportation Disadvantaged requirements as per Rule 41-2, Florida
Administrative Code (1992). Copies are available upon request.
3.7.19 Equal Access to Service: CONTRACTOR shall provide services within its
service area to all program-eligible residents without regard to
location, cultural affiliation, race, religion, color, sex, sexual
orientation, or national origin. COUNTY reserves the right to require
CONTRACTOR to provide full documentation of all trips provided within
- 24 -
27
these classifications. Failure to provide full and equal access of
paratransit services to clients may result in termination of this
Agreement as per Article 15 herein.
3.7.20 Subcontractors: CONTRACTOR may utilize direct service subcontractors
only with the written consent and approval of COUNTY. Names and
qualifications of all subcontractors shall be submitted to COUNTY at
any point where CONTRACTOR wishes to utilize the services of such
subcontractors.
3.7.21 Confidentiality: CONTRACTOR shall maintain as confidential all client
information, whether provided by COUNTY or otherwise obtained by
CONTRACTOR. Information concerning a COUNTY paratransit client shall
not be disclosed unless directly related to the administration of the
COUNTY'S or CONTRACTOR'S responsibilities with respect to services
provided under this Agreement and/or in accordance with applicable
public records laws, rules, and regulations, by Court Order, and by
written consent of the client, his/her attorney, responsible parent, or
guardian.
3.7.21.1 Solicitation Prohibited: Names and addresses of COUNTY
paratransit clients shall not be distributed for any purpose
without prior COUNTY approval. CONTRACTOR may not solicit or
entice clients with incentives, discounts, or gifts, in order
to increase ridership. Quality of service and performance of
CONTRACTOR shall be the only factor to attract clients.
3.8 Vehicles:
3.8.1 Accessibility: CONTRACTOR shall provide sufficient dedicated vehicles,
which shall include, but not be limited to, an appropriate number of
vehicles equipped with lift or ramp, wheelchair securement devices, and
spare vehicles to maintain service in case of vehicle breakdowns,
suitable for transportation of the clients to meet the requirements
specified in this Agreement. All vehicles, wheelchair lifts or ramps,
and wheelchair securement devices used for paratransit service shall
meet all applicable Americans with Disabilities Act regulations, be
approved by COUNTY, and are subject to annual COUNTY
- 25 -
28
inspection. CONTRACTOR shall meet or exceed the standards and
requirements for accessible vehicles set forth in Architectural and
Transportation Barriers Compliance Board (ATBCB) as published in 49 CFR
Section 37.161, 37.163, 37.167, 37.169, 38.21, and 38.23-38.33, on
September 6, 1991. Failure to provide adequate vehicles to meet the
terms and conditions of this Agreement may result in termination of the
Agreement as provided by Article 15 herein.
3.8.2 Computerized Information Tracking System: COUNTY may, and reserves the
right to, require CONTRACTOR to install, at COUNTY expense, automatic
vehicle locator equipment in the CONTRACTOR'S vehicles.
3.8.3 Wheelchair Restraint System: A four-point tie down system with shoulder
strap such as "Q" Straint," "Kennedyne," or a COUNTY approved
equivalent, shall be located at each wheelchair area. Tiedowns
(wheelchair securement devices) shall be oriented to allow the client
to ride facing forward in the vehicle. Tiedowns are to be fully
adaptable so as to fit all size chairs. All vehicles shall be equipped
with operable seat belts and/or ADA approved tiedowns at all seating
and wheelchair locations. CONTRACTOR shall strongly encourage clients
to utilize their mobility devices as regulated by the ADA in vehicles.
3.8.4 Personal Property in Vehicles: Any personal property of a client found
in a vehicle shall be retained by CONTRACTOR for a minimum of sixty
(60) days after which, with the prior approval of the COUNTY, the
CONTRACTOR may dispose of said property.
3.8.5 Vehicle Insect Extermination: All vehicles shall undergo insect
extermination as necessary to eliminate the presence of insects. The
vehicle shall not be placed in service while any noxious fumes or
detectable odors remain.
3.8.6 Vehicle Standards: It is the responsibility of CONTRACTOR to ensure
that each vehicle meet the standards as established in the TDSP, MOA,
FCTD, and Chapter 341.061(2)(a), Florida Statutes, and Rules
thereunder. The following are the minimum standards which must be met
by CONTRACTOR at all times while providing the services:
- 26 -
29
A. One operational seat belt per passenger available for
use at all times (except buses).
B. All vehicles must carry an effective fire
extinguisher aboard whenever passengers are on board.
C. Have a rear view mirror and dual side mirrors.
D. Have a functioning speedometer indicating speed in
miles per hour and a functioning odometer indicating
distance in miles to the nearest tenth of a mile.
E. Have a functioning interior light within the
passenger compartment.
F. The vehicles are to be equipped with an operable
air-conditioning system. If the air conditioning
system becomes inoperable during the day, the vehicle
may continue to provide service only for the
remainder of that day.
G. Vehicle exterior is to be free of grime, oil, or
other substance and be free from cracks, breaks,
dents, and damaged paint that noticeably detracts
from the overall appearance of the vehicle.
H. Body molding should be in place, or if removed, holes
filled and painted.
I. The interior shall be free from dirt, grime, oil,
trash, or other material which could soil items
placed therein and protruding metal or other objects
that could damage items placed therein.
J. Passenger compartment is to be clean, free of torn
upholstery or floor coverings, damaged or broken
seats, and protruding sharp edges.
K. Broward County Operating Permits, if required, shall
be displayed properly. CONTRACTOR shall bear the
production cost of the sticker or tag.
L. Vision to be unobstructed on all four (4) sides of
vehicles.
- 27 -
30
M. Vehicle shall be equipped with a two-way mobile radio
in good working order which shall be audible to the
driver at all times.
N. No smoking in the vehicle.
0. All vehicles shall be cleaned, inside and out, daily.
P. CONTRACTOR shall, on the first day of each month,
supply COUNTY with a list of all vehicles to be used
in the subsequent month, shall have such vehicles
inspected annually, and shall certify to COUNTY that
maintenance has been performed as required by Rule
14-90.001, et seq., Florida Administrative Code
(1995).
Q. Each vehicle shall have the COUNTY'S telephone number
for complaints and CONTRACTOR'S emergency telephone
number posted in a conspicuous place in the vehicle,
and given verbally by the driver upon request.
R. Mini-vans, vans, demand-response sedans used in this
service, as well as any taxicabs which the COUNTY
authorizes, and which are used for backup services,
shall be governed by the requirements of the Broward
County Code of Ordinances. Van-type vehicles must
have windows in all client seating locations.
Retro-fitted/conversion "cargo" vans without added
windows are not acceptable.
S. CONTRACTOR shall affix to each vehicle the COUNTY
supplied program logo decal in a COUNTY approved
position and place on the vehicle.
Any vehicle found not to be in conformance with the above
standards must be removed from service until correction of the
deficiency. COUNTY further reserves the right to inspect
vehicles to be used in the Program at any time, and order
their removal from service if not found to be in conformity
with this Article. Vehicles will be subject to an annual
inspection performed by COUNTY or its agent. Failure to comply
with this requirement shall be cause for disallowance of
compensation for service rendered in the violating vehicle.
- 28 -
31
3.8.7 Vehicle Maintenance: CONTRACTOR shall maintain all vehicles
and equipment used in the COUNTY paratransit service in
optimal working condition so as to minimize breakdowns and
decrease the possibility of accidents. COUNTY reserves the
right, in its sole discretion, at any time, to inspect
vehicles and maintenance facilities during normal working
hours, review CONTRACTOR'S maintenance records and inspect and
reject temporarily or permanently, by notice to the
CONTRACTOR, any vehicle CONTRACTOR proposes to use or
subsequently utilizes which deems unacceptable due to
uncleanliness, mechanical failure, or safety concerns.
3.9 Service Funding Sponsors: There are various Service Funding Sponsors
who assist in providing paratransit services to their clients.
CONTRACTOR shall ensure that all procedures of the various service
sponsors are followed and that a sensitive and responsive working
relationship is maintained with these groups.
3.9.1 Medicaid (AHCA) Trips: Pursuant to 42 C.F.R. 431.53, 42 C.F.R.
440.170(a), and Chapter 409, Florida Statutes, the Medicaid
Program office of the Agency for Health Care Administration is
currently the entity designated to contract for transportation
services on behalf of Medicaid recipients who would otherwise
be unable to access necessary medical services. Changes to
this program are currently under consideration by AHCA and
paratransit service may some time in the future be
incorporated into the services herein provided. COUNTY and
CONTRACTOR agree to incorporate Medicaid recipients into this
Agreement should this change be implemented.
3.9.2 CTC/TD Trips: Pursuant to Chapter 427, Florida Statutes,
COUNTY as the Community Transportation Coordinator (CTC) is
responsible for the coordination of funding and activities in
providing transportation for transportation disadvantaged (TD)
eligible recipients.
3.9.3 ADA Trips: Pursuant to the Americans with Disabilities Act of
1990 (ADA), COUNTY is responsible for providing complementary
paratransit services. Eligibility for clients under this
service is determined by Federal ADA Rules and Regulations.
- 29 -
32
3.9.4 Other Community Sponsored Trips: Various other community
support agencies (such as the Division of Blind Services and
Vocational Rehabilitation) participate, through COUNTY, in
sponsoring eligible paratransit clients.
ARTICLE 4
SERVICE STANDARDS
4.1 Objectives of Service Standards: CONTRACTOR shall provide services, as
per this Agreement.
4.2 Service Standards: It is the responsibility of CONTRACTOR to comply
with all service standards established by COUNTY. The following service
standards established by the COUNTY shall be followed:
4.2.1 Dwell (Waiting) Time: Driver shall dwell (wait) for a client
at a pick up point for a minimum of five (5) minutes. In
addition, the Driver is required to wait for a client who is
within the eye sight of the vehicle operator and is clearly
making his/her way to the vehicle. The dwell time is to be
extended for clients to board the vehicle. If the vehicle
arrival is outside of the on time window (a late pick up) the
Driver shall dwell for a minimum of ten (10) minutes.
4.2.2 Door-to-Door Service: Clients shall be provided door-to-door
service as defined by Article I herein. Sounding of the horn
at the curb shall not be acceptable as sufficient notification
of a driver's arrival. Door, used herein, shall be the
building's door, not an individual office or apartment door
located within a given building.
4.2.3 Client Assistance: Boarding and disembarking assistance shall
be provided to any client. The driver shall go to the door,
announce his or her arrival (e.g., face-to-face or by
intercom), and provide any additional assistance which will
ensure the client's safe passage to and from the vehicle and
to and from the vehicle seat. Even if the client indicates
that he or she does not require the driver's assistance, the
driver shall take the necessary precautions to ensure the
client's safe passage.
- 30 -
33
4.2.4 Transfers to other Services: Transfers to fixed route and
other paratransit services shall be provided and are
encouraged.
4.2.5 Client Ride Time: While the scheduler shall attempt to
schedule a series of pick ups so as to load the vehicle to the
highest safe and permissible capacity, and operate at the
highest possible level of efficiency and productivity, the
CONTRACTOR shall also attempt to minimize a client's ride time
to ensure that it is not excessive. Ride time shall not exceed
two (2) times the normal, direct-route ride time for a
particular trip. This requirement shall apply except in
circumstances beyond the CONTRACTOR'S control; such as,
inclement weather, unusually heavy traffic, and the like. It
shall be in the sole discretion of the COUNTY to opine and
determine excessive ride time and when circumstances are
beyond CONTRACTOR'S control. Rides provided where client ride
time exceeds two (2) times the normal ride time for that
specific trip shall be deemed excessive. CONTRACTOR shall
provide written explanation for additional travel time if
requested by COUNTY.
4.2.6 On Time Performance: CONTRACTOR shall maintain On Time
performance and shall not establish a pattern of untimely pick
ups. On Time is as defined in Article I herein. For scheduled
service requests, ninety-five percent (95%) shall be picked up
within the established On Time definition. COUNTY reserves the
right to arrange/provide transportation as it deems
appropriate for any client who has been waiting more than
sixty (60) minutes past their scheduled pick up time.
4.3 Disincentive Deductions: CONTRACTOR shall be assessed disincentive
deductions in the following circumstances:
4.3.1 Client Ride Time Disincentive Deduction: A disincentive
deduction of One Hundred Dollars ($100.00) per
occurrence/incident, shall be assessed against CONTRACTOR who
has been provided with two (2) or more written warnings by
COUNTY to correct the practice of excessive ride time lengths.
4.3.2 On Time Performance Disincentive Deduction: On Time
performance shall be determined based upon
- 31 -
34
data provided by CONTRACTOR each calendar month. If On Time performance
falls below ninety-five percent (95%) two or more months in a row, or
below eighty-five percent (85%) in any one month, COUNTY'S Contract
Administrator shall meet with CONTRACTOR to review the matter and
determine what actions will be taken to resolve the problem.
Notwithstanding this effort, in the event that CONTRACTOR fails to meet
an on time performance level of ninety percent (90%) in any month of
service, in addition to applicable trip by trip disincentive deductions
as listed in subsection 4.3.3 herein, COUNTY shall apply a disincentive
deduction to CONTRACTOR as follows:
A. Three Hundred and Fifty Dollars ($350.00) for the
provision of up to four thousand (4,000) total trips
per month.
B. Seven Hundred Dollars ($700.00) for the provision of
over four thousand (4,000) total trips per month.
Repeated failures to meet on time performance standards may be deemed a
default in the sole discretion of COUNTY and cause for termination of
this Agreement as per Article 15 herein.
4.3.3 Tardiness Disincentive Deductions: For each instance where a client is
picked up outside of the minimum ninety-five percent (95%) on time
standard, the following disincentive deduction will be assessed:
A. 16-30 minutes - $1.50 per late trip.
B. 31-45 minutes - $2.00 per late trip.
C. 46-60 minutes - $2.50 per late trip.
D. 61 + minutes - $2.50 per late trip. No Collection of fare from
client.
Disincentive deductions will be waived during periods of severe weather
or when other conditions indicate that the delay was unavoidable, as
solely determined by the COUNTY. This determination is final. If
CONTRACTOR believes an event occurring in COUNTY may cause delays, it
is the responsibility of CONTRACTOR to notify COUNTY of
- 32 -
35
the event and to obtain prior written concurrence that charges
will not be assessed.
4.3.4 Missed Trip Disincentive Deductions: For each missed trip the
reimbursement value of two similar trips shall be deducted
from CONTRACTOR's monthly reimbursements. CONTRACTOR shall
submit as part of the weekly written report to COUNTY, details
of all missed trips, including an explanation for the missed
trip, times and days of the missed trip, rider whose pick up
was missed, and origin and destination of the missed trip.
4.3.5 Driver Licensing and Registration Disincentive Deductions:
Failure to meet driver licensing and registration requirements
as stated herein shall result in a disincentive deduction of
Two Hundred and Fifty Dollars ($250.00) per incident, and
shall be assessed monthly and may result in Termination as per
Article 15 herein.
4.3.6 Accident/Incident Disincentive Deduction: If CONTRACTOR fails
to report an accident/incident within the required time period
as stated herein, CONTRACTOR will be charged a disincentive
deduction in the amount of One Hundred Dollars ($100.00) per
day the report is late.
4.4 Monitoring: COUNTY'S direct involvement in the day-to-day operations of
the service shall include, but not be limited to, on-street monitoring
of drivers and vehicles, inspections of equipment, customer service
functions, contract compliance oversight, and quality control. COUNTY
shall conduct unannounced periodic inspections to determine whether the
operations meet the required specifications and vehicles are in
compliance with standards. Full cooperation shall be provided by
CONTRACTOR for the COUNTY monitoring program. CONTRACTOR shall provide
full access to all driver records on or at the operating facility.
CONTRACTOR shall be required to make available a work station, desk,
telephone, and chair, for use by a COUNTY representative, if so
requested, at the CONTRACTOR'S facility. COUNTY'S on street monitoring
shall include, but not be limited to:
A. On Time performance.
B. Knowledge of the service area and routing.
C. Driver assistance.
D. Manifest accuracy and completeness.
- 33 -
36
E. Driver appearance.
F. Vehicle appearance.
G. Wheelchair lift condition and operation.
H. Wheelchair securement systems condition and use thereof.
I. Safety equipment.
J. Driving habits.
K. Compliance with the Florida Motor Vehicle Regulations.
4.5 Quality Assurance Program: COUNTY shall measure the quality of service
through the use of an independent consultant firm. The established
service standards will be measured and summarized through various means
which may include, but are not limited to: mail-back surveys, mystery
riders, in-field interviews, and telephone surveys. CONTRACTOR shall
cooperate with survey techniques utilized.
4.6 Scheduling: CONTRACTOR shall accurately account for client trip
information and shall efficiently and effectively schedule trips. In so
doing, CONTRACTOR's personnel shall be knowledgeable as to all aspects
of service operations, which shall include, but not be limited to, the
MIDAS PT computerized reservation and scheduling system. The standards
for CONTRACTOR scheduling are:
A. One hundred percent (100%) of all standing orders will be
preassigned to routes on a daily basis.
B. One hundred percent (100%) of all wheelchair trips will be
scheduled to assigned routes on a daily basis.
C. Overall, ninety percent (90%) of all daily trips will be
scheduled to assigned vehicle routes, excluding same day
service requests.
D. Trips will be scheduled so that customers will arrive at their
destination on time.
E. No more than ten percent (10%) of all trips should be subject
to backup support. Backup support is considered those trips
which are not scheduled to paratransit routes.
F. Trips will be multi-loaded to achieve maximum efficiency.
- 34 -
37
4.7 Clients Per Hour: As a shared ride, public transportation system, the
goal is to transport Clients as cost-effectively as possible by
multi-loading vehicles. In order to measure and monitor the efficiency
of the service, a system-wide goal of two (2) clients per hour is
established.
4.8 Call Taking: CONTRACTOR shall assign sufficient personnel to the
project to ensure that the following established goals are met:
A. Calls will be answered within five (5) rings.
B. No one will be put on hold for more than ninety (90) seconds,
cumulatively, per call.
4.9 Electronic Answering Device: CONTRACTOR may use or may be required to
use an automated or electronic answering device to receive trip
cancellation notices. However, use of such equipment does not relieve
the operator of his/her responsibility to ensure that no one is on hold
for longer than ninety (90) seconds.
4.10 Driver Training: CONTRACTOR must provide COUNTY with evidence that all
drivers have completed the training program offered by CONTRACTOR prior
to any such driver providing service. This training shall be included
as part of the monthly operating summary package. Additionally, drivers
shall be required to participate in a driver training program which may
be developed by COUNTY. CONTRACTOR will receive information regarding
any COUNTY program., CONTRACTOR shall require all personnel providing
transportation under the Agreement to possess the following, which
shall be filed with the COUNTY Contract Administrator prior to such
driver providing paratransit service.
A. A current, valid driver's license from the State of Florida
that meets the current state and federal requirements; and
B. A current, valid Broward County Chauffeur's Registration in
accordance with the requirements of Chapter 22 1/2, Broward
County Code of Ordinances.
COUNTY shall request State of Florida Motor Vehicle Reports (MVR) for
CONTRACTOR'S drivers on a periodic basis. In the event such a report
shows evidence of any violations, COUNTY shall promptly notify
CONTRACTOR and the Taxi Section of the COUNTY Consumer Affairs
Division. CONTRACTOR shall have procedures in place to periodically
review driver's MVRs. Compliance shall be monitored by COUNTY Mass
Transit Division staff.
- 35 -
38
4.11 Complaints: CONTRACTOR shall be required to respond to COUNTY on all
complaints received concerning the service provided.
4.11.1 Complaint Procedure: A summary of the procedure for handling
complaints is as follows:
4.11.1.1 Referral: All client complaints shall be referred to
COUNTY Paratransit Customer Services. The CONTRACTOR
shall not respond directly to clients who desire to
file a service complaint. Clients contacting the
CONTRACTOR with a complaint shall be advised by
CONTRACTOR that the complaint shall be directed to
COUNTY Paratransit Customer services office.
4.11.1.2 Initial Contact: COUNTY personnel may make initial
contact with CONTRACTOR to obtain a verbal response
and to determine the validity and resolution of the
complaint.
4.11.1.3 Response: A copy of the complaint shall be forwarded
to CONTRACTOR for a written (or electronic) response
to COUNTY. The response shall be made within three
(3) days of receipt of the complaint by CONTRACTOR.
Complaints of a more serious nature, such as injury,
driver misconduct, and client safety issues shall be
responded to immediately.
4.11.2 Incentives: When CONTRACTOR receives no valid complaints, as
solely determined by COUNTY, within a calendar month,
CONTRACTOR shall receive an incentive bonus as follows:
A. Five Hundred Dollars ($500.00) for the provision of
up to four thousand (4,000) total trips per month.
B. One Thousand Dollars ($1,000.00) for the provision of
over four thousand (4,000) total trips per month.
4.12 Vehicles: The following are the vehicle standards relating to
location and contact, breakdowns, and availability.
4.12.1 Vehicle Location and Contact: It shall be the
responsibility of the CONTRACTOR to monitor the
location of each vehicle in service at all times. The
CONTRACTOR shall have knowledge of and be able
- 36 -
39
to report on the status of every pick up. The driver shall
also immediately notify the dispatcher of all breaks, lunches,
breakdowns, accidents, or the like.
4.12.2 Vehicle Breakdowns: If a vehicle breaks down in service, the
CONTRACTOR is required to dispatch a backup vehicle to the
site of the breakdown. The backup vehicle shall arrive within
thirty (30) minutes of the breakdown.
4.12.3 Vehicle Availability: CONTRACTOR shall provide, at a minimum,
twenty-five percent (25%) of their entire vehicle fleet to
wheelchair accessible vehicles. CONTRACTOR shall have
sufficient wheelchair vehicles to ensure full equivalency of
service to all users of the service. CONTRACTOR will be
responsible for maintaining at all times a minimum of an
additional ten (10%) percent of the total vehicles in service
as spare vehicles.
4.13 Accidents: The following are the accident standards relating to
reporting and damage repairs.
4.13.1 Accident Reporting: Every accident, or any incident involving
a client, with or without bodily injury or property damage,
must be verbally reported to a member of the COUNTY
Paratransit Customer Services staff immediately and a written
report must be submitted within twelve (12) hours. A summary
of monthly accident occurrences shall be part of the monthly
operating summary.
4.13.2 Accident Damage Repairs: CONTRACTOR shall repair all accident
damage to vehicles within thirty (30) days from the date of
the accident. In the event that COUNTY determines that
CONTRACTOR has exceeded this limitation the vehicle shall be
removed from active service until such repairs are completed.
4.14 Suspension of Operations: CONTRACTOR may suspend all or a portion of
the services when said performance is made impossible by: inclement
weather, hurricane, earthquake, fire, flood, cloudburst, cyclone, or
other natural phenomenon of a severe and unusual nature, act of a
public enemy, epidemic, quarantine, restriction, embargo, or any other
unforeseeable cause beyond the control of CONTRACTOR. CONTRACTOR shall
request the written approval of COUNTY prior to suspending operations.
CONTRACTOR shall not be compensated for time or services provided while
operations have been officially
- 37 -
40
suspended. Performance standards will be waived by COUNTY during
emergency situations as determined solely by COUNTY.
4.15 Child Restraints: As required by the Child Passenger Protection Act,
the following requirements apply when transporting children:
4.15.1 Children Under One Year of Age: Children under one year of age
must be buckled into a federally-approved child safety seat,
whether they ride in the front or in the back seat.
4.15.2 Children One to Four Years of Age/Front Seat: Children one to
four years of age, and/or within the body weight requirement
of the Act, must be in a child safety seat when they ride in
the front seat.
4.15.3 Children One to Four Years of Age/Back Seat: Children one to
four years of age must either use a child safety seat or use
regular seat belts when they ride in the back seat.
CONTRACTOR is not required to provide a child safety seat. CONTRACTOR
shall refuse to transport any child under one year of age when a child
safety seat is not provided by the client or responsible party. This
information shall be documented on an the drivers log form and shall be
considered a client no show. CONTRACTOR agrees to comply with any
subsequent provisions of this policy.
4.16 CONTRACTOR Personnel Requirements: CONTRACTOR shall ensure that all
personnel performing under this Agreement be knowledgeable about
paratransit services and the ADA, maintain a professional, courteous
attitude toward all passengers and individuals, and promote goodwill
toward the general public including answering to the best of their
ability all client questions. COUNTY encourages CONTRACTOR to consider
employment of persons with disabilities in fulfilling the terms and
conditions of this Agreement.
4.16.1 CONTRACTOR's RESPONSIBILITIES REGARDING PERSONNEL: The
following are various responsibilities of CONTRACTOR relating
to personnel for fulfilling the terms and conditions of this
Agreement:
4.16.1.1 Employee Compensation and Benefits: CONTRACTOR shall
be solely responsible for the payment of all of its
employees' wages and benefits and shall comply with
all of the requirements thereof including, but not
- 38 -
41
limited to, worker's compensation, unemployment
insurance, social security, and any other mandated or
optional employee benefits.
4.16.1.2 Permitting and Licensing: CONTRACTOR shall obtain and
provide to the Contract Administrator all required
state and local permits and ensure that all drivers
are properly licensed for the service which they are
providing.
4.16.1.3 Multilingual Personnel: COUNTY encourages CONTRACTOR
to employ multilingual personnel to handle customer
calls. Multilingual shall mean speaking both English
and another language (Spanish, French, and/or
Creole).
4.16.1.4 Training: CONTRACTOR shall provide training to its
paratransit personnel as provided for by subsection
4.15.2 herein.
4.16.1.5 Trip Delivery: CONTRACTOR shall ensure that their
drivers comply with subsection 4.15.2.2 herein when
providing trip delivery service.
4.16.1.6 Required Personnel: CONTRACTOR shall, at a minimum,
have the personnel described below assigned to the
performance of this Agreement and shall provide the
names of such personnel to COUNTY prior to the
commencement of services hereunder:
A. Dispatching/Scheduling/Call Taking Staff:
CONTRACTOR shall have at least one
dispatcher on site and physically present in
the dispatch office whenever a vehicle is
in-service. Additionally, the CONTRACTOR
shall have sufficient staff assigned to meet
the requirements concerning dispatching,
scheduling, call taking, and demand for
service.
B. Operations Manager (General Manager):
CONTRACTOR shall assign an Operations
Manager who shall be responsible for all
segments of the day-to-day operation,
management of operating records, and liaison
with the COUNTY. The Operations Manager, or
a supervisory level designee, shall be
available by telephone or in
- 39 -
42
person to make decisions as necessary at the
request of COUNTY, at any time during in
service hours.
4.16.2 Training: CONTRACTOR shall ensure that its employees receive
the training required to perform their jobs in a manner
consistent with the goals and requirements of this Agreement.
CONTRACTOR shall maintain training programs and written
documentation of same, which are subject to COUNTY approval,
for reservationists, dispatchers, and drivers. All employees
shall receive training developing their skills and increasing
their understanding of people with disabilities, people of all
sexual orientation, and people of diverse cultures, races, and
ages. All employees shall be required to receive additional
training, provided by COUNTY, in conjunction with local
agencies. Such training may include the development of skills
involved with special handling for visually impaired clients,
developmentally disabled clients, and regulations of abuse,
neglect, abandonment, and exploitation of minors, elderly, and
disabled adults. CONTRACTOR may be required to provide a
paratransit vehicle for use in certain segments of COUNTY
paratransit training.
4.16.2.1 Drivers: The Driver Training Program must include a
minimum of eighty (80) hours of training prior to
(scheduled classroom training such as Defensive Driving
and CPR may be accomplished during the first thirty [30]
days of employment, due to class scheduling
considerations) driving a service vehicle. All drivers
providing service under this Agreement must be employees
of the CONTRACTOR and the use of independent contractors
is not allowed. This training must include, in addition
to the training requirements for all employees as set
forth above, instruction in:
A. Passenger Assistance Technique (X.X.X.) Certification
or an equivalent course which must be approved by
COUNTY prior to service delivery. Training shall
include elderly and disabled client sensitivity,
awareness and communications, passenger relations and
assistance, hands-on assistance to the visually
impaired and dealing with service animals (guide
dogs), assistance in the use of mobility
- 40 -
43
equipment including wheelchairs, scooters,
walkers, canes, crutches, braces, and the
like.
B. Defensive Driver Training, per National
Safety Council standards, or an equivalent
course approved by COUNTY.
C. Responding to client incidents,
driver/client sexual improprieties, response
to client abuse, neglect, exploitation, and
abandonment, vehicle breakdowns, accidents,
adverse weather, and other emergency/safety
procedures including, but not limited to,
emergency vehicle evacuation.
D. CPR (including instruction in administering
CPR to children), first aid and proper
response to emergency medical needs of
riders, including, but not limited to,
procedures for the disposal of hazardous
waste (blood borne pathogen protection).
E. Operation of vehicle, and all equipment
installed in the vehicle, including, but not
limited to, proper radio protocol,
wheelchair and scooter securement devices,
wheelchair lift, and/or ramp operation.
F. Address location ability including, but not
limited to, map reading or ability to
utilize any automated device installed in
the vehicle.
G. Familiarity with how trips are scheduled,
including, but not limited to, an
opportunity to meet schedulers in person.
H. Familiarity with the completion of
necessary paperwork including, but not
limited to, trip sheets (manifests),
pre-trip inspection forms, accident reports,
and incident reports.
I. Policy instruction, including, but not
limited to, wait time policy, fare
structure, transfer locations, and the
like.
- 41 -
44
J. Refresher courses shall be given to each
driver a minimum of every two (2) years on
topics to include, but not be limited to,
policy updates, client sensitivity, and
client relations.
K. Driver meetings shall be held on a regular
basis and shall include an opportunity to
interact and communicate with different
staff which make up the operations team
including, but not limited to, schedulers,
dispatchers, reservationists, planners, and
maintenance personnel. Attendance at these
meetings shall be mandatory for drivers.
L. Any other requirements that COUNTY may
implement during the term of this Agreement.
4.16.2.2 Trip Delivery: Safety of the driver, riders, and the
public, and a positive experience for the rider and
driver, are of primary importance to the COUNTY. In
effectuating this concept CONTRACTOR shall ensure
that the drivers provide service as follows:
A. Wear either a company photo identification
or a name badge, patch, inscription with the
name of the company/driver and, at
CONTRACTOR's option, a company designated
uniform.
B Perform a pre-trip vehicle inspection.
C. Complete a pre-trip form.
D. Keep an accurate and operational clock or
watch while on duty.
E. Operate the vehicle and all of its equipment
with the highest attention to safety.
F. Collect cash, transfer and ticket fares, and
verify fares for each trip provided, as
applicable.
G. Record complete and accurate trip
information, which shall include, at a
- 42 -
45
minimum, driver's name and/or ID number,
actual arrival and departure times,
beginning and ending mileage for each trip,
client signature if applicable, and
confirmation of fare collection.
H. Provide courteous and safe assistance to
riders.
I. Secure mobility device securement systems,
seat belts, and child safety restraint
systems according to manufacturer's
instruction.
J. Record information about a delivered trip
which would assist schedulers in trip
scheduling, for example, more detailed
instructions in finding addresses, client's
average time to board for a trip, and the
circumstances surrounding a no-show or late
trip.
K. Immediately report any alleged or confirmed
criminal offense, traffic charges,
violations (other than parking), or
incidents to the CONTRACTOR.
4.16.2.3 Refusal/Removal: CONTRACTOR shall refuse to permit a
driver to provide service where CONTRACTOR determines
that said driver is unacceptable for any reason
whatsoever. COUNTY shall be advised in writing, with
the findings included therein, once such a decision
is made.
4.16.2.4 Measurement: The training program shall include
methods for measuring the effectiveness of the
training in developing skill and improving
performance. The methods shall be based on
performance indicators which measure proficiency and
not solely on CONTRACTOR meeting minimum training
hours required herein. Such measurement procedure
shall be provided to COUNTY upon request.
4.17 Marketing: All marketing and promotional matters related to the
paratransit service shall be under the direction of, and approval of,
the COUNTY. COUNTY will provide various materials for CONTRACTOR to use
and disseminate. CONTRACTOR shall not utilize any independent means to
market paratransit services and will be restricted from advertising,
use of
- 43 -
46
discounts, incentives, or other means to encourage clients to use their
services unless items are provided by, or approved by, the
COUNTY. CONTRACTOR may use the official program logo and other program
identification for items such as company uniforms, business cards, etc
. . ., with the prior written consent and approval of the COUNTY.
COUNTY may provide CONTRACTOR with camera ready artwork. CONTRACTOR
shall not be permitted to modify, add, or substitute the official
program logo or other required program identification.
4.18 Trip Limits: COUNTY reserves the right to establish trip limits. The
trip limit is the maximum number of trips for which CONTRACTOR may be
reimbursed on a particular day, week, or month. COUNTY may establish
limits that differ for weekdays, Saturdays, Sundays, and holidays, and
for different service areas. If trip limits are instituted, CONTRACTOR
shall not be reimbursed for any trips over this limit without the
prior written consent and approval of the COUNTY. CONTRACTOR will be
required to turn down a trip when it has exceeded the established trip
limit, including standing orders services, and shall be required to
refer the client to another CONTRACTOR who provide a similar service
for the COUNTY.
ARTICLE 5
TRANSITION AND IMPLEMENTATION
5.1 Transition and Implementation: COUNTY has implemented a procedure,
which is attached hereto as Exhibit "C" and incorporated herein by
reference thereto, to assign clients equitably (subscription and/or on
demand) to the rider's choice providers from December 16, 1996 to March
31, 1997.
5.2 Reservations: CONTRACTOR shall begin accepting reservations on December
16, 1996 for trip service to begin on the commencement date as set
forth in this Agreement.
5.3 Disincentive Deductions and Incentives: All disincentive deductions and
performance related incentives contained herein will become effective
on April 1, 1997, after the transition and implementation period is
completed.
ARTICLE 6
CONTRACTOR'S OBLIGATIONS
The following shall represent the CONTRACTOR's obligations under the terms and
conditions of this Agreement:
- 44 -
47
6.1 Base Facility: CONTRACTOR shall be required to provide a base facility
or facilities, within Broward County, for vehicles, drivers, and
service operations.
6.2 Compliance: CONTRACTOR shall be required to comply with all operations,
equipment, and maintenance requirements and performance and safety
standards established by COUNTY and pursuant to this Agreement.
6.3 Personnel: CONTRACTOR shall be required to comply with the following
provisions pertaining to CONTRACTOR personnel:
6.3.1 Drivers: Hire, train, and supervise vehicle drivers.
6.3.2 Agreement Responsibilities: Provide all necessary personnel
with management, operation, and maintenance expertise required
to carry out the responsibilities of this Agreement.
6.3.3 Personnel Standards: Comply with all employee hiring and
training standards as specified herein.
6.3.4 Operational Supervision: Perform operational supervision in
cooperation with the COUNTY.
6.4 Communication: CONTRACTOR shall be required to provide a base radio
station and two-way mobile radios, and/or cellular telephones, for
CONTRACTOR owned vehicles, and sufficient portable two-way radios,
and/or cellular telephones, to enable office and field supervisors to
communicate with each other and dispatch staff.
6.5 Fares: CONTRACTOR shall be required to collect fares and comply with
the provisions of Article 10 herein.
6.6 Requests for Information: CONTRACTOR shall be required to respond to
the COUNTY'S requests for information within twenty four (24) hours or
as otherwise provided for herein.
6.7 Filing Information: CONTRACTOR shall be required to file operating,
financial, performance reports, invoices, and all required
documentation in a timely manner.
6.8 Compliance with the Law: CONTRACTOR shall be required to comply with
all federal, state, and local laws, rules, regulations, policies,
and/or procedures as currently enacted or as may be amended from time
to time.
- 45 -
48
6.9 Develop Written Procedure: CONTRACTOR shall be required to develop and
maintain a current written procedure for the investigation of
accidents/incidents and unsafe practices.
6.10 Compliance with Monitoring and Auditing: CONTRACTOR shall be required
to comply with COUNTY'S monitoring and auditing programs.
6.11 Report Accidents/Incidents: CONTRACTOR shall be required to report to
the COUNTY any accidents/incidents, including client accidents, or any
other non-routine event, as required herein.
6.12 Communication with COUNTY: CONTRACTOR shall be required to communicate
daily with the COUNTY'S Mass Transit Division staff regarding vehicle
and driver availability, schedule adherence, and any other operational
issues.
6.13 Service Coordination: CONTRACTOR shall be required to participate in
service coordination meetings with COUNTY Mass Transit Division staff
and other contracted service operators. Additionally, CONTRACTOR will
be required to have a representative in attendance at the monthly
meeting of the BCCB.
6.14 Equipment and Training: CONTRACTOR shall be required to provide
necessary telephone and office equipment, phone lines for voice, fax,
TDD, and appropriate training on same equipment, for the provision of
services.
6.15 Cooperation: CONTRACTOR shall be required to work with COUNTY, by using
appropriate operating methods, procedures, and protocols, to implement
those policies which COUNTY deems integral to the efficient and
effective operation of the paratransit service.
6.16 CTMS: CONTRACTOR shall be required to utilize the COUNTY supplied CTMS
for the provision of all services required by the terms and conditions
of this Agreement.
6.17 Agreement: CONTRACTOR shall be required to comply with all terms and
conditions outlined in this Agreement.
ARTICLE 7
COUNTY'S OBLIGATIONS
The following shall represent the COUNTY'S obligations under the terms and
conditions of this Agreement:
- 46 -
49
7.1 Operations Requirements: COUNTY shall establish the operating standards
and requirements for CONTRACTOR as per this Agreement.
7.2 Planning: COUNTY shall continue overall short and long range Mass
Transit Service planning and capital planning in accordance with the
Planning Policies and Procedures and the ADA Paratransit Plan as
adopted by COUNTY and/or the Board.
7.3 Coordination: COUNTY shall coordinate informational reports and manage
appropriate information systems, except as specifically set out as a
CONTRACTOR'S responsibility.
7.4 Fares: COUNTY shall establish and evaluate fare policies and fare
structure.
7.5 Service Provisions: COUNTY shall establish and identify geographic
service areas and schedule paratransit service hours.
7.6 Marketing: COUNTY shall develop and implement marketing techniques
including, but not limited to, publication of informational brochures
and materials that increase accessibility for visual and hearing
impaired persons in accordance with the ADA.
7.7 Compensation: COUNTY shall compensate the CONTRACTOR for services
rendered in full compliance with the terms and conditions of this
Agreement.
7.8 Agreement: COUNTY shall administer, monitor, and determine compliance
with the terms and conditions of this Agreement.
7.9 Auditing: COUNTY shall audit records in accordance with the terms and
conditions of this Agreement.
7.10 Investigation: COUNTY shall investigate, or cause others to
investigate, any reported unsafe practices of CONTRACTOR.
7.11 CTMS: COUNTY shall provide, install, and maintain the CTMS at the
CONTRACTOR'S operating facility as required by the terms and conditions
of this Agreement.
7.12 Participation: COUNTY and CONTRACTOR shall participate in all public
meetings regarding paratransit services. COUNTY shall notify CONTRACTOR
when CONTRACTOR'S attendance is required.
7.13 Eligibility: COUNTY shall be required to establish and enforce all
policies of COUNTY regarding the certification of passenger
eligibility.
- 47 -
50
7.14 Sole Discretion: COUNTY shall be required to utilize a "reasonableness"
standard when enforcing the provisions of this Agreement providing for
action to be taken at COUNTY'S sole discretion.
ARTICLE E
REPORTS AND DOCUMENTS
8.1 Weekly Reports and Documents: CONTRACTOR shall provide COUNTY with
service data, via summary reports generated by the MIDAS PT
computerized system, and a weekly invoice for each component of service
for the previous week (Monday through Sunday) by close of business each
Wednesday. This information shall include, but not be limited to, the
following:
A. Number of one-way passenger trips by type of trip.
B. Total hours of total vehicle service.
C. Copies of the daily reports for driver activity or other daily
reports showing starting and ending times, and starting and
ending mileage, for each vehicle used by each driver.
D. Copies of trip tickets, log sheets, or drivers manifests.
E. Trip requests that are denied.
F. The weekly reimbursement charges for services rendered the
previous week.
8.2 Trip Request Denial Forms: CONTRACTOR shall keep separate denial/form
logs, by component, of all requests for service that cannot be
accommodated. CONTRACTOR shall fill out all information required on the
log for each ride request that could not be accommodated. A cumulative
denial/form log shall be filled out, showing all rides denied for the
week, and will also be included as part of the monthly service summary
returned to COUNTY.
8.3 Employee Information: Within one week prior to the commencement date of
this Agreement, CONTRACTOR shall furnish to COUNTY all information
required by COUNTY which evidences that CONTRACTOR'S personnel meet all
requirements of this Agreement.
8.4 Driver Roster: CONTRACTOR shall provide COUNTY with updated Driver
Rosters by the tenth (10th) calendar day of each month. Each roster
shall indicate driver's name, date of hire, training dates, last Drug &
Alcohol (D&A) test, Motor Vehicle
- 48 -
51
Record (MVR) review date, and the date of the latest criminal record
check.
8.5 Section 15 Filing: Pursuant to the Federal Transit Administration's
standards for precision, accuracy, and accountability, COUNTY is
required to report data to the National Transit Database (Section 15
data). As may be required by the Federal Transit Administration or
COUNTY, CONTRACTOR shall collect Section 15 data and other "service
supplied" information or "service consumed" information, as said terms
are defined in Section 15 of the Federal Transit Administration
Regulations. CONTRACTOR shall be responsible for the collection of
financial and operational data, including on-board operational and
passenger related data, for transmittal to COUNTY on COUNTY approved
forms as follows:
A. Operational and passenger related data shall be submitted to
COUNTY no less than weekly.
B. Financial data shall be submitted to COUNTY no less than
quarterly.
C. Designated service supplied data shall be submitted to COUNTY
thirty (30) days prior to the termination of COUNTY'S fiscal
year.
All source documents for Section 15 filings shall be subject to audit
and shall be maintained by CONTRACTOR for five (5) years following
final payment under this Agreement.
8.6 Monthly Operating Summary: CONTRACTOR shall provide written monthly
reports to COUNTY by the tenth (10th) day of the month following the
month of service. All required information shall be collected and
reported individually for each funding component of service. Such
reports shall be submitted on a form developed by CONTRACTOR and
approved by COUNTY, and shall include, but not be limited to:
8.6.1 Brief Narrative: A brief narrative highlighting the month's
activities, any unusual events, trends, and other noteworthy
observations.
8.6.2 Ridership: Number of one-way passenger trips, PCAs and
Companions on a day-by-day basis, for each funding and fare
entity and category.
8.6.3 Miles and Hours: Total hours of service and vehicle miles on a
day-by-day basis.
8.6.4 Cost of Service: Total service revenue based upon the
contracted rates, collected fares, and net
- 49 -
52
revenue to provide service (total revenue less imputed fares).
8.6.5 Service Quality Measures: on time performance data, trips
completed, missed trips, and trip denials with an explanation.
8.6.6 Efficiency Measures: Appropriate measures to include
passengers per mile, hour, or vehicle trip.
8.6.7 Fleet Data: Updated fleet listings and status of all vehicles.
8.6.8 Other: Accident reports/incident briefs/findings, training
activities/certifications, including sensitivity and
education, key personnel changes, and suggested improvements.
ARTICLE 9
COMPUTERIZED TRIP MANAGEMENT SYSTEM
9.1 Computerized Trip Management System ("CTMS") COUNTY will provide
CONTRACTOR with a Computerized Trip Management System ("CTMS")
consisting of proprietary software, hardware and peripheral equipment
and other items, such as hubs and routers, cabling, modems, and
printers solely for use by CONTRACTOR in COUNTY'S paratransit
operation. COUNTY retains title to the CTMS and no right, title, or
interest in the CTMS shall pass to CONTRACTOR except as expressly set
forth in this Agreement. CONTRACTOR shall not remove any markings, and
shall affix to the CTMS any markings requested by COUNTY, showing
COUNTY's interest. CONTRACTOR recognizes and agrees that use of the
CTMS is limited to scheduling and transportation operations involving
individuals determined by COUNTY to be eligible for such COUNTY
assisted paratransit services. CONTRACTOR further agrees that
CONTRACTOR will not use CTMS for its own business operations unrelated
to the above. Usage of CTMS for non COUNTY functions or operations may
result in the termination of this Agreement as provided for by Article
15 below.
9.2 Delivery and Installation of CTMS: COUNTY shall deliver the CTMS at a
time and to a location to be agreed upon by the parties. At the time of
delivery of the CTMS to CONTRACTOR'S site, the parties will execute a
written schedule setting forth the components, setting forth the serial
number where applicable, of the CTMS delivered and date of delivery. In
addition, CONTRACTOR shall note on such schedule any apparent damage to
the CTMS or component thereof. COUNTY will install the CTMS after
delivery. Before delivery and installation of
- 50 -
53
the CTMS take place, CONTRACTOR shall prepare the installation site for
the CTMS to ensure that it provides a suitable operating environment
for the CTMS. CONTRACTOR shall comply with any specifications that
COUNTY may supply with respect to the utilities, temperature, and
humidity conditions required by the CTMS. The installation site shall,
at a minimum, be an appropriate typical business environment for
microcomputer storage and operation and be able to be locked, secure,
and free from flood potential. The actual location of the components of
the CTMS at the installation site shall be subject to final approval by
COUNTY. CONTRACTOR agrees to cooperate fully in the installation,
testing, and training related to CTMS subsequent to the effective date,
and prior to the commencement date, of this Agreement.
9.3 Maintenance and Repair of CTMS: COUNTY shall provide CONTRACTOR with
reasonable assistance in the maintenance and operation of the CTMS, by
responding to all inquiries and trouble reports concerning the
operation or condition of the CTMS, if placed by CONTRACTOR by
telephone to the designated representative of COUNTY during service
hours. Upon receiving such inquiries or trouble reports, COUNTY shall
either offer advice and propose possible solutions based on its
preliminary appraisal of CONTRACTOR'S description of the problem or
arrange for assistance from a maintenance-service representative.
CONTRACTOR shall bear the cost of all routine supplies required by CTMS
and all maintenance charges, including the cost of labor and parts,
imposed by any maintenance-service representative or by the COUNTY in
the event that maintenance is required by reason of:
A. Use of the CTMS or any component thereof in other than the
manner for which it was installed.
B. Damage to the CTMS by CONTRACTOR or its employees or agents.
C. Modification of the installed CTMS by CONTRACTOR not
authorized by COUNTY.
D. Maintenance performed by CONTRACTOR without the authorization
of COUNTY.
All maintenance services shall be provided by COUNTY and CONTRACTOR
shall not perform such without prior consent of COUNTY.
9.4 Risk of Loss: CONTRACTOR shall bear the entire risk of loss or damage
to the CTMS after its delivery to the installation site. CONTRACTOR
shall, at its own expense, obtain and maintain property and casualty
insurance for the CTMS against
- 51 -
54
all risks of loss or damage as required by Article 16.1.4 herein.
9.5 Relocation of CTMS: All relocations of the CTMS or components thereof,
whether at the installation site or to a new site, shall be done by
COUNTY unless otherwise authorized by COUNTY in writing. CONTRACTOR
shall bear the cost and expenses incurred in the event of a relocation
of any component of the CTMS from the installation site to a new site.
CONTRACTOR shall give COUNTY a minimum of thirty (30) days prior
written notice in the event it wishes to relocate of any component of
the CTMS from the installation site to a new site, unless otherwise
agreed to between the parties.
9.6 Restrictions: The following restrictions shall apply to CONTRACTOR's
use of the CTMS.
9.6.1 CONTRACTOR shall keep the CTMS free and clear of all claims,
liens, and encumbrances. Any act of CONTRACTOR purporting to
create such a claim, lien, or encumbrance shall be void.
9.6.2 CONTRACTOR shall not use the CTMS in any manner or for any
purpose for which the CTMS is not designed or reasonably
suited.
9.6.3 CONTRACTOR shall not permit any physical alteration of the
CTMS without the prior written consent of COUNTY.
9.6.4 CONTRACTOR shall not affix, attach, or install any accessory,
equipment, or device to the CTMS without the prior written
consent of COUNTY.
9.6.5 CONTRACTOR shall not affix the CTMS to any real estate in such
a way that it may be deemed a fixture thereto.
9.6.6 CONTRACTOR shall not remove the CTMS from the installation
site without the prior written consent of COUNTY, except in
the event of an emergency..
9.7 Reservation of Title: This Agreement does not provide CONTRACTOR with
title or ownership of the Licensed Programs, but only a right of
limited use. The Licensed Programs are, and shall remain, the property
of the owner thereof, certain third-party licensors who have authorized
COUNTY to incorporate their software into the System. CONTRACTOR
acknowledges that the programs, data-base information, and user
materials included in the Licensed Programs contain confidential
information and trade secrets, which COUNTY has
- 52 -
55
entrusted to CONTRACTOR in confidence to use only as expressly
permitted. CONTRACTOR acknowledges that owner thereof claims and
reserves all rights and benefits afforded under federal law in the
programs, data-base information, and user materials included in the
Licensed Programs as copyrighted works. CONTRACTOR shall protect the
programs, data-base information, and user materials included in the
Licensed Programs as confidential information and trade secrets.
CONTRACTOR shall not, at any time, disclose such confidential
information and trade secrets to any other person, firm, organization,
or employee that does not (consistent with CONTRACTOR's right of use
hereunder) need to obtain access to the Licensed Programs. CONTRACTOR
shall devote its best efforts to ensure that all CONTRACTOR's personnel
and all other persons afforded access to the Licensed Programs by
CONTRACTOR protect the Licensed Programs as trade secrets and
confidential information and refrain from any use or disclosure in any
manner not expressly permitted by this Agreement. These restrictions
shall not apply to information (1) generally known to the public or
obtainable from public sources; (2) previously in the possession of
CONTRACTOR or subsequently developed or acquired without reliance on
the Licensed programs; or (3) approved by COUNTY for release without
restriction. The programs, data-base information, and user materials
included in the Licensed Programs may not be decompiled, reverse
engineered, reprinted, transcribed, extracted, or reproduced, in whole
or in part, without the prior written consent of COUNTY. CONTRACTOR
shall not in any way modify or alter the Licensed Programs without the
prior written consent of COUNTY. CONTRACTOR further agrees that all
data enter into the data base of the CTMS by CONTRACTOR, statistical
information or data produced by CONTRACTOR through the use of the CTMS
or other data, information or material produced pursuant to this
Agreement is work made for hire under the laws of the United States.
9.8 Miscellaneous:
9.8.1 Data Files: CTMS will provide for a daily transfer of selected
data files between CONTRACTOR and COUNTY. The CTMS shall be
made available for such transfer of data files as established
by COUNTY. CONTRACTOR is responsible for maintaining and
storing in a safe and secure location backup copies of all
data files CONTRACTOR may place in the CTMS. Such backup shall
be performed nightly. In no event shall COUNTY be liable for
loss or destruction of data files for any reason.
9.8.2 Training: Once CONTRACTOR has selected personnel who are
qualified to operate the CTMS, COUNTY shall provide
CONTRACTOR's personnel with initial
- 53 -
56
training in the Operation of such system. COUNTY may provide
further training on mutually acceptable terms.
ARTICLE 10
COMPENSATION AND COLLECTION
10.1 Compensation: CONTRACTOR shall be compensated for services delivered
pursuant to the terms and conditions of this Agreement as follows:
10.1.1 Payment: COUNTY will remit payment to the CONTRACTOR within
thirty (30) days from the date that each weekly Wednesday
report is received, pursuant to Article 7.1. COUNTY shall
comply with the provisions of the "Florida Prompt Payment Act"
as required by Section 1-51.6 of the Broward County Code of
Ordinances.
10.1.2 Disincentives: COUNTY shall reduce payment to CONTRACTOR by
any disincentive deduction assessed for failure to comply with
service, performance, or maintenance requirements as
specifically set forth by this Agreement.
10.1.3 Reimbursement: COUNTY shall not process or remit payment for
any reimbursement after sixty (60) days of the actual trip
date. The reimbursement schedule is attached hereto as Exhibit
"D" and incorporated herein by reference thereto.
10.1.4 Noncompliance: In the event of failure by CONTRACTOR to comply
with any requirement of this Agreement, COUNTY shall withhold
payment until CONTRACTOR is determined to be in compliance.
Noncompliance shall include, but not be limited to, the
following:
A. Services were improperly rendered.
B. CONTRACTOR failed to meet service specifications.
C. Services were otherwise questionable.
10.2 Fare Structure and Collection:
10.2.1 Fare Structure: COUNTY shall determine the client fare
structure for each service trip.
- 54 -
57
COUNTY retains the right to implement, and CONTRACTOR shall
comply with, fare adjustments.
10.2.2 Fare Collection: The CONTRACTOR is responsible for collection
of fares due and owing from a client, and the maintenance of
records and deposit receipts for the fares collected, as per
the terms and conditions of this Agreement. CONTRACTOR shall
accept all means of payment approved from time to time by the
COUNTY, including, but not limited to, cash, passes, tickets,
transit punch cards, transfers, and electronic transit fare
cards. All fares are to be collected as the client boards the
vehicle. Clients must pay the exact fare when boarding and
vehicle operators are not permitted to make change. Clients
shall not be required to pay any fare to the vehicle operator
when the actual pick up service is over sixty (60) minutes
past the scheduled pick up time. COUNTY paratransit clients
will not be expected or requested to pay, and drivers will not
be permitted to accept, gratuities.
10.3 Billing Functions: Billing functions shall be performed through the
CTMS.
ARTICLE 11
TERM OF AGREEMENT
11.1 Effective Date: This Agreement shall be effective upon proper execution
by all parties hereto.
11.2 Commencement Date: The parties acknowledge that there are certain
requirements which are to begin subsequent to the effective date of
this Agreement. Notwithstanding those requirements, the paratransit
services to be provided by this Agreement shall commence at 12:01 a.m.
on December 29, 1996 and shall terminate at midnight on December 29,
1999, provided, however, that this Agreement may terminate earlier as
provided by Article 15 herein.
11.3 Renewal: This Agreement may be renewed for two consecutive one (1) year
terms unless either party elects not to do so. Election not to do so
shall be by written notice to the other party at least one hundred
twenty (120) days prior to the end of the then current term.
- 55 -
58
ARTICLE 12
AGREEMENT COORDINATION AND RESPONSIBILITIES
12.1 COUNTY'S coordinator for the Agreement shall be the Contract
Administrator or his/her designee. CONTRACTOR, or designee, with the
exception of Agreement amendment or modification as per Article 14
herein, shall accept instructions, authorizations, and approvals from
the COUNTY'S Coordinator.
12.2 CONTRACTOR shall submit in writing to COUNTY the name of its Agreement
Coordinator who may be a designated corporate officer of CONTRACTOR.
12.3 As per Article 14 herein, COUNTY'S coordinator, or his/her designee, is
authorized to administratively approve changes in the terms of this
Agreement that do not affect the material Scope of Work, period of
Agreement performance, or amount of compensation within this Agreement.
ARTICLE 13
RECORDS AND AUDIT
13.1 CONTRACTOR shall maintain such separate records and accounts including
property, personnel, and financial records as are deemed necessary by
COUNTY to ensure a proper accounting record. The system of accounting
will be in accordance with generally accepted accounting principles and
practices. (Reference the manual "Transportation Accounting Consortium
Model Uniform Accounting System for Rural and Specialized
Transportation Providers," October 1986. See Section 412.007(6)),
Florida Administrative Code.
13.2 COUNTY shall approve CONTRACTOR'S forms that may be required in
addition to those required by the COUNTY'S CTMS.
13.3 At reasonable intervals during regular business hours, COUNTY, through
its duly authorized representatives and federal and state personnel,
shall have the right to audit, examine, and make excerpts and
transcripts from CONTRACTOR's records with respect to matters covered
in this Agreement.
13.4 In the event funds paid to CONTRACTOR under this Agreement are
subsequently disallowed by COUNTY because of accounting errors or
charges not in conformity with this Agreement, CONTRACTOR shall refund
promptly such disallowed amounts to COUNTY or COUNTY shall
appropriately deduct from reimbursement compensation as required.
- 56 -
59
13.5 CONTRACTOR shall 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, or if an audit has been initiated and audit findings have
not been resolved at the end of five (5) years, the records shall be
retained until resolution of the audit findings.
ARTICLE 14
CHANGES AND MODIFICATIONS
14.1 Upon the execution and delivery of this Agreement, it is understood and
agreed that any and all previous agreements and understandings, both
written and oral, between the parties are canceled and have been
superseded by this Agreement and that this Agreement embodies and sets
forth all understandings between the parties.
14.2 Changes in the terms of this Agreement, or in the scope of work to be
performed hereunder may, from time to time, be deemed necessary and
desirable. Such changes, which are mutually agreed to, shall be
incorporated in written amendments to this Agreement pursuant to formal
negotiations and formal COUNTY requirements.
14.3 Changes in the terms of this Agreement that do not affect the material
Scope of Work, period of Agreement performance, or amount of
compensation within this Agreement, may be administratively approved by
the Contract Administrator, or his/her designee, and CONTRACTOR without
requiring a formal amendment.
ARTICLE 15
TERMINATION
15.1 Termination at Will: Either party shall have the right at any time to
terminate this Agreement upon ninety (90) days written notice to the
other party. In the event of termination, COUNTY shall pay CONTRACTOR
the compensation rate for actual services provided and described in
Article 10 of this Agreement up to the effective date of termination.
In that event, all finished and unfinished documents and other
materials as described in Articles 8, 9, and 13, shall become COUNTY
property.
15.2 Termination for Default:
15.2.1 CONTRACTOR Breach: If, through any cause within the reasonable
control of CONTRACTOR, CONTRACTOR
- 57 -
60
shall fail to fulfill in a timely and proper manner, or
otherwise violate any of the covenants, agreements, or
stipulations specified and material to this Agreement, COUNTY
shall thereupon give written notice to CONTRACTOR of such
default and CONTRACTOR shall thereafter have fourteen (14)
days from the date of notice to cure such breach. If the
default cannot, with due diligence, be cured within the
fourteen (14) day period, COUNTY within its sole discretion,
has the right to extend such period as deemed appropriate. If
CONTRACTOR certifies that the default has been cured by such
date and COUNTY disagrees, COUNTY shall give written notice to
CONTRACTOR disputing the alleged curing of the default. In the
event CONTRACTOR shall not have cured said default to the
satisfaction of COUNTY by such effective date, then this
Agreement shall terminate on said date or as otherwise agreed
to by the Parties.
15.2.2 CONTRACTOR Liability: CONTRACTOR shall not be relieved of
liability to COUNTY for damages sustained by COUNTY by virtue
of any breach of the Contract by CONTRACTOR. COUNTY may
reasonably withhold compensation to CONTRACTOR for the
purposes of set-off until such time as the exact amount of
damages due COUNTY from CONTRACTOR is determined.
15.2.3 COUNTY Rights: CONTRACTOR agrees that termination of this
Agreement by COUNTY shall not waive any right or rights which
COUNTY may have against CONTRACTOR for the breach of any
term(s) of this Agreement.
15.3 Termination for Insolvency: COUNTY reserves the right to terminate this
Agreement in the event CONTRACTOR is placed either in voluntary or
involuntary bankruptcy or makes an assignment for the benefit of
creditors. In the event of involuntary bankruptcy, CONTRACTOR shall
have ninety (90) days to have same dismissed before COUNTY shall
declare CONTRACTOR in default. Under these circumstances, the rights
and obligations of the parties shall be the same as provided for in
Section 15.1 above.
ARTICLE 16
INSURANCE AND INDEMNIFICATION
16.1 Insurance: CONTRACTOR shall not commence work under this Agreement
until it has obtained all insurance required under
- 58 -
61
this Article and such insurance has been approved by COUNTY. CONTRACTOR
shall maintain during the term of this Agreement the following
insurance:
16.1.1 Workers' Compensation Insurance: Workers' Compensation
Insurance to apply for all employees in compliance with the
"Workers' Compensation Law" of the state of Florida and all
applicable federal laws. In addition, the policy(ies) must
include:
A. Employers' Liability with a limit of One Hundred
Thousand Dollars ($100,000.00) per accident.
B. Notice of Cancellation and/or Restriction--The
Policy(ies) must be endorsed to provide COUNTY with
thirty (30) days' notice of cancellation and/or
restriction.
16.1.2 Automobile Liability Insurance: Business Automobile Liability
with minimum limits of Five Hundred Thousand Dollars
($500,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must
be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability Policy, without
restrictive endorsements, as filed by the Insurance Services
Office and must include:
1. Owned Vehicles.
2. Hired and Non-owned vehicles.
3. Notice of Cancellation and/or Restriction--The
policy(ies) must be endorsed to provide COUNTY with
thirty (30) days' notice of cancellation and/or
restriction.
16.1.3 Self-Insurance Plan: CONTRACTOR may maintain the first One
Hundred Thousand Dollars ($100,000.00) insurance coverage
through a self-insurance plan approved by the Insurance
Commissioners of the state of Florida. Written proof of said
approval shall be submitted to COUNTY'S Risk Management
Division prior to execution of this Agreement.
16.1.4 Computer Equipment Insurance: The following types of computer
equipment insurance will be required for the MIDAS PT system:
- 59 -
62
16.1.4.1 Property Insurance: Property Insurance shall be
written on an all risk form, at one hundred (100%)
percent of replacement value. Policy form may be
specific electronic data processing equipment form or
an inland marine floater. Where policy includes a
deductible, that deductible may not exceed Five
Hundred Dollars ($500.00) per occurrence. The policy
shall include COUNTY as an additional insured as well
as providing a thirty (30) day prior written notice
of cancellation and/or expiration provision.
16.1.5 Evidence of Insurance: CONTRACTOR shall provide to COUNTY
Certificates of Insurance evidencing the insurance coverage
specified above. If the initial insurance expires prior to the
completion of the work, renewal Certificates of Insurance
shall be furnished thirty (30) days' prior to the date of
their expiration. COUNTY reserves the right to request copies
of all of the actual policies.
16.2 Indemnification:
16.2.1 CONTRACTOR shall indemnify and hold harmless COUNTY, COUNTY'S
respective officers, employees, agents, and representatives
from and against any and all claims, losses, costs, damages,
and liability on account of injury to or death of any person,
or loss of or damage to any property arising from any act(s)
or omissions(s), of any kind or nature whatsoever, of
CONTRACTOR or its officers, employees, agents, or
representatives.
16.2.2 CONTRACTOR further agrees to indemnify and hold harmless
COUNTY, COUNTY'S respective officers, employees, agents, and
representatives against any and all claims or liability
arising from or based on the violation, or alleged violation,
of any federal, state, county or city laws, by-laws,
ordinances or regulations by CONTRACTOR, its officers,
employees, agents, or representatives..
16.2.3 The indemnification provided above will obligate the
CONTRACTOR to defend at its own expense or to provide for such
defense, at COUNTY'S option, any and all claims of liability
and all suits and actions of every name and description that
may be brought against COUNTY which may result from the
operations and activities under this Agreement, whether the
operations be performed by CONTRACTOR
- 60 -
63
or anyone directly or indirectly employed by CONTRACTOR. The
execution of this Agreement by CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnity provision;
however, the collateral obligation of insuring this indemnity
must be complied with as set forth in Section 15.1 above.
16.2.4 CONTRACTOR's obligations under the above sections shall
survive the expiration, termination, or cancellation of this
Agreement until the expiration of any applicable statute of
limitation for any such claim, demand, cause of action, or
proceeding of any kind or nature whatsoever.
ARTICLE 17
ASSIGNMENT AND/OR TRANSFER
17.1 CONTRACTOR shall not assign and/or transfer any interest in this
Agreement (whether by assignment or novation) without the prior written
consent of COUNTY.
17.2 CONTRACTOR is fully responsible to COUNTY for the acts and omissions of
persons directly employed by it, as well as the acts and omissions of
any subcontractors and of persons employed by any subcontractors.
Nothing contained in this Agreement shall create any contractual
relationship between any subcontractor and COUNTY.
ARTICLE 18
NOTICES
18.1 Whenever either party desires to give notice to the other, it must be
given by written notice, sent by registered or certified United States
mail, with return receipt requested, or by a commercial carrier
requiring a receipt, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall
remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the
parties designate the following as the respective places for giving of
notice, to-wit:
FOR BROWARD COUNTY:
Contract Administrator
Division of Mass Transit
0000 Xxxx Xxxxxx Xxxx
Xxxxxxx Xxxxx, XX 00000
- 61 -
64
FOR CONTRACTOR:
Xxxxx Xxxxxx
X.X. Xxx 0000
Xxxxxxxxx XX 00000
ARTICLE 19
EQUAL EMPLOYMENT OPPORTUNITY
MINORITY BUSINESS PARTICIPATION AND
COMPLIANCE WITH FEDERAL CIVIL RIGHTS REGULATIONS
19.1 Equal Employment Opportunity: CONTRACTOR shall not discriminate against
any employee or applicant for employment because of race, religion,
color, sex, age, ancestry, marital status, disability, place of birth,
national origin, political affiliation, or sexual orientation.
CONTRACTOR shall take affirmative action to ensure that such applicants
are employed and that employees are treated during their employment
without regard to their race, religion, color, sex, age, ancestry,
marital status, disability, place of birth, national origin, political
affiliation, or sexual orientation. Such actions shall include, but not
be limited to, the following: employment, upgrading, transfer or
demotion; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. Evidence of such action will be
included in a written plan developed in accordance with the
requirements herein. CONTRACTOR agrees to furnish COUNTY with a copy of
its Affirmative Action Policy. CONTRACTOR agrees to post in conspicuous
places, available to employees and applicants for employment, notices
setting forth the provisions of this Equal Employment Opportunity
Program.
19.2 Nondiscrimination: During the performance of this Agreement, CONTRACTOR
agrees as follows:
19.2.1 Employee Solicitation: CONTRACTOR shall, in all solicitations
or advertisements for employees placed by or on behalf of
CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, religion,
color, sex, age, ancestry, marital status, disability, place
of birth, national origin, or sexual orientation.
19.2.2 Collective Bargaining or Other Agreement: CONTRACTOR shall
send to each labor union or representative of workers with
which CONTRACTOR has a collective bargaining agreement or
other contract
- 62 -
65
or understanding, as applicable, a notice advising the said
labor union or workers' representatives of CONTRACTOR's
commitments under this Section.
19.2.3 Access to Documentation and Information: CONTRACTOR shall
furnish all information and reports and will permit access to
CONTRACTOR's books, records, and accounts by COUNTY and
Compliance Review Agencies for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
19.2.4 CONTRACTOR Noncompliance: In the event of CONTRACTOR's
noncompliance with nondiscrimination clauses of this Agreement
or with any of the said rules, regulations, or orders,
CONTRACTOR may be subject to termination as provided for by
Article 15 herein.
19.3 SDBE: CONTRACTOR agrees to implement and conduct a program which will
enable small disadvantaged business enterprises ("SDBE"), as defined in
Broward County Ordinance No. 84-14 and related Resolutions enacted by
COUNTY, to be considered fairly as subcontractors and suppliers under
this Agreement. In this regard, CONTRACTOR agrees to exercise its best
efforts to affirmatively comply with COUNTY policy and goals fostered
by or established in conjunction with said Ordinance and Resolutions by
the use of minority vendors (subcontractors and suppliers) when
possible. CONTRACTOR agrees to:
A. Where applicable, implement procedures by which CONTRACTOR
will seek action on SDBE participation from suppliers or
subcontractors.
B. Where applicable, ensure that known SDBEs will have an
equitable opportunity to compete for subcontracts,
particularly by arranging solicitations, time for the
preparation of bids, quantities, specifications, and delivery
schedules so as to facilitate the participation of SDBEs.
C. Provide information and communication programs to make sure
SDBEs are aware of their opportunities, with such programs
being bilingual where appropriate.
D. Maintain records showing procedures which have been adopted to
comply with the policy set forth in this clause and specific
efforts to identify and award contracts to SDBEs.
- 63 -
66
E. Include the appropriate "utilization of SDBE" clauses in
subcontracts which offer subcontracting opportunities to
SDBEs.
F. Cooperate with COUNTY in any studies and survey of
CONTRACTOR'S small disadvantaged business enterprises
procedures and practices that COUNTY may from time to time
conduct.
G. Where no conflict of interest exists, CONTRACTOR shall provide
technical guidance and counseling to any SDBE which seeks or
needs assistance in competing for subcontracts or supplier
status, and make known to the minority group community in the
area of solicitation that these services are available.
19.4 Civil Rights Law: CONTRACTOR agrees to comply with the Civil Rights Law
as it relates to the provision of services pursuant to this Agreement.
CONTRACTOR shall assure compliance with the following Civil Rights
Statutes:
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
COMPREHENSIVE PARATRANSIT SERVICEcap 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, PL. 97-85,
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.
- 64 -
67
21.11 Time is of the Essence: For the purposes herein, the parties agree that
time shall be of the essence of this Agreement and the representations
and warranties made are all material and of the essence of this
Agreement.
21.12 Captions and Paragraph Headings: Captions and paragraph headings
contained in this Agreement are for convenience and reference only and
in no way define, describe, extend, or limit the scope or intent of
this Agreement, nor the intent of any provisions hereof.
21.13 No Waiver: No waiver of any provision in this Agreement shall be
effective unless it is in writing, signed by the party against whom it
is asserted, and any such written waiver shall only be applicable to
the specific instance to which it relates and shall not be deemed to be
a continuing or future waiver.
21.14 Counterparts: This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original but all
of which shall constitute one and the same Agreement.
21.15 Gender: All terms and words used in this Agreement, despite the number
and gender in which used, shall be deemed to include any other gender
or number as the context or the use thereof may require.
21.16 Severability: In the event any term or provision of this Agreement
shall be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal
meaning or be construed or deleted as such authority determines, and
the remainder of this Agreement shall be construed to be in full force
and effect.
21.17 Governing Law: This Agreement shall be construed and interpreted
according to the laws of the State of Florida and venue with respect to
any litigation shall be Broward County, Florida, whether in state or
federal court.
21.18 Exhibits: All exhibits attached hereto contain additional terms and
conditions of this Agreement and are incorporated as if actually set
forth herein. Typewritten provisions inserted in this form or attached
hereto shall control all printed provisions in conflict therewith.
21.19 Relationship of the Parties: Except as set forth herein, no party to
this agreement shall have any responsibility whatsoever with respect to
services
- 67 -
68
provided or contractual obligations assumed by the other party.
CONTRACTOR is and shall be in the performance of all work, services,
and activities under this Agreement independent, and not an employee,
agent, or servant of COUNTY. All persons engaged in any of the work or
services performed pursuant to this Agreement shall at all times and in
all places be subject to CONTRACTOR'S sole discretion, supervision, and
control. CONTRACTOR shall exercise control over the means and manner in
which it and its employees perform the work, and in all respects
CONTRACTOR'S relationship and the relationship of its employees to
COUNTY shall be that of an independent and not as employees or agents.
21.20 Compliance with Law: The parties agree to conduct and execute the
Project in compliance with all applicable local, state, and federal
laws.
21.21 Conflicts: Where there is a conflict between any provision set forth
within this Agreement, and a more stringent state or federal provision
which is applicable to any services performed under this Agreement, the
more stringent state or federal provision shall prevail.
21.22 Public Entity Crimes: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes) a person or affiliate who is a
consultant, who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the COUNTY, may not submit
a bid on a contract with the COUNTY for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to the COUNTY, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract
with the COUNTY, and may not transact business with the COUNTY in
excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list. Violation of this section by
CONTRACTOR shall result in cancellation and may cause CONTRACTOR
debarment.
21.23 Execution Date: The date of execution of this Agreement shall mean the
last day upon which it becomes fully executed by the parties.
21.24 Ownership of Documents: All reports, surveys, and other data provided
to CONTRACTOR and produced by CONTRACTOR during the course of this
Agreement are and shall remain the property of COUNTY.
- 68 -
69
AGREEMENT BETWEEN BROWARD COUNTY AND AAA WHEELCHAIR WAGON SERVICE, INC., FOR
PARATRANSIT SERVICES
CONTRACTOR
WITNESS: AAA WHEELCHAIR WAGON SERVICES, INC.
/s/ Xxxxx Xxxxxxxx By /s/ Xxxxx Xxxxxx, Pres.
/s/ Xxxxxxx Xxxxx 18th day of October, 1996.
ATTEST:
(CORPORATE SEAL)
________________________________________
Corporate Counsel
[SEAL]
STATE OF FLORIDA )
) SS.
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this 18th day of
October, 1996, by Xxxxx Xxxxxx, as ____________________ of ____________________,
a Florida corporation, on behalf of the corporation. He/She is personally known
to me or has produced Fla. Driver's License as identification and who did take
an oath.
OFFICIAL NOTARY SEAL /s/ Xxxxx Xxxx Person
XXXXX XXXX PERSON ----------------------------------------
NOTARY PUBLIC STATE OF FLORIDA Notary Public, State of Florida
COMMISSION NO. CC282044
MY COMMISSION EXP. MAY 2, 1997
Xxxxx Xxxx Person
----------------------------------------
Print or type name
My commission expires:
- 70 -
