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HomeMy WebLinkAbout2013-029 AGREEMENT FOR MASS TRANSIT SERVICE PROVISION ao 13 - a � q by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION, INC . This agreement, entered into thisice— day of February , 2013 , by and between the Indian River County Board of County Commissioners (County) and the Indian River County Senior Resource Association, Inc . (SRA) , establishes the responsibilities of each of the parties with respect to obtaining and administering mass transit capital and operating assistance authorized by 29 USC , Section 5307 . The purpose of this agreement is to comply with Federal Transit Administration requirements to establish formal procedures for Section 5307 grant application and administration activities. Recognizing that Indian River County has a need for limited mass transit service, the County agrees to provide the SRA, with capital funding and operating assistance to provide such service. County funding will bCa combination of federal grant funding, state grant funding, and local funding. In consideration of receipt of this funding, the SRA agrees to maintain and operate a mass transit system within Indian River County according to the provisions of this Agreement. I . The parties mutually agree to cooperate in providing mass transit service within Indian River County . Accordingly, each party acknowledges its responsibilities as detailed below, and agrees to discharge these responsibilities in the referenced timeframes. II . This agreement shall be in effect through September 30 , 2013 . Any revisions or modifications to this agreement must be mutually agreed upon by both parties in writing. This agreement may be terminated by either party upon the provision of at least six months prior written notice . This agreement may also be terminated upon failure of either party to discharge in good faith the duties and responsibilities prescribed in this agreement. III. The parties 'hereby designate the following official representatives for purposes of this agreement : County : Robert M. Keating, AICP - Community Development Director SRA : Karen Deigl – Chief Executive Officer Indian River County Mass Transit Service Agreement Page 1 AGREEMENT FOR MASS TRANSIT SERVICE PROVISION ao 13 - a � q by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION, INC . This agreement, entered into thisice— day of February , 2013 , by and between the Indian River County Board of County Commissioners (County) and the Indian River County Senior Resource Association, Inc . (SRA) , establishes the responsibilities of each of the parties with respect to obtaining and administering mass transit capital and operating assistance authorized by 29 USC , Section 5307 . The purpose of this agreement is to comply with Federal Transit Administration requirements to establish formal procedures for Section 5307 grant application and administration activities. Recognizing that Indian River County has a need for limited mass transit service, the County agrees to provide the SRA, with capital funding and operating assistance to provide such service. County funding will bCa combination of federal grant funding, state grant funding, and local funding. In consideration of receipt of this funding, the SRA agrees to maintain and operate a mass transit system within Indian River County according to the provisions of this Agreement. I . The parties mutually agree to cooperate in providing mass transit service within Indian River County . Accordingly, each party acknowledges its responsibilities as detailed below, and agrees to discharge these responsibilities in the referenced timeframes. II . This agreement shall be in effect through September 30 , 2013 . Any revisions or modifications to this agreement must be mutually agreed upon by both parties in writing. This agreement may be terminated by either party upon the provision of at least six months prior written notice . This agreement may also be terminated upon failure of either party to discharge in good faith the duties and responsibilities prescribed in this agreement. III. The parties 'hereby designate the following official representatives for purposes of this agreement : County : Robert M. Keating, AICP - Community Development Director SRA : Karen Deigl – Chief Executive Officer Indian River County Mass Transit Service Agreement Page 1 IV . The responsibilities of the County are : a. To submitrg ant applications for Section 5307 and Florida Public Transit Block Grant (PTBG) funds . In July of each year, the County will coordinate with the SRA to project capital and operating funding needs for the following fiscal year. Using that information and other data provided by the SRA, the County will prepare and submit grant applications for FTA Section 5307 grant funds and Florida PTBG funds . The County also agrees to provide, on an annual basis , matching funds for mass transit purposes . b . To administer and manage Section 5307 and PTBG funds : The County will prepare and submit all applicable quarterly progress reports, financial status reports, invoices, requisitions, and closeout reports for Section 5307 and PTBG funds . These submittals will be based on information provided to the County by the SRA . The County agrees to reimburse the SRA within 30 days of receipt of the SRA' s accurate monthly invoice for mass transit funding. The County may at the County ' s option provide funding on an advance basis . This advance will be provided in monthly draws equal to 1 / 12th of the annual operating budget paid in advance on the first day of each month. C * To maintain an accurate inventory of capital equipment purchased with Section 5307 funds : As the designated recipient of Section 5307 funds , the County will take title to all rolling stock and other capital items purchased with Section 5307 grant funds . Consistent with its approved procedures , the County will tag all capital assets and add each asset to its fixed assets inventory records . These records will be maintained and updated as necessary. An inventory of all SRA Section 5307 capital purchases will be conducted at least biennially. d . To perform regular vehicle maintenance on SRA vehicles : The County will perform all preventive maintenance as scheduled and in conformance with the Indian River County Transit Vehicle and Accessibility Feature maintenance plan . e. To provide assistance to and oversight of SRA ' s transit activities : The County will meet with the SRA on a quarterly basis to discuss transit system operations issues, including system performance , status of Section 5307 and PTBG funds utilization, other budget matters, federal requirements, routes, ridership, problems, opportunities , and other issues . Meetings will be held on the last Wednesday in the months of January, April , July and October. Besides Indian River County Mass Transit Service Agreement Page 2 IV . The responsibilities of the County are : a. To submitrg ant applications for Section 5307 and Florida Public Transit Block Grant (PTBG) funds . In July of each year, the County will coordinate with the SRA to project capital and operating funding needs for the following fiscal year. Using that information and other data provided by the SRA, the County will prepare and submit grant applications for FTA Section 5307 grant funds and Florida PTBG funds . The County also agrees to provide, on an annual basis , matching funds for mass transit purposes . b . To administer and manage Section 5307 and PTBG funds : The County will prepare and submit all applicable quarterly progress reports, financial status reports, invoices, requisitions, and closeout reports for Section 5307 and PTBG funds . These submittals will be based on information provided to the County by the SRA . The County agrees to reimburse the SRA within 30 days of receipt of the SRA' s accurate monthly invoice for mass transit funding. The County may at the County ' s option provide funding on an advance basis . This advance will be provided in monthly draws equal to 1 / 12th of the annual operating budget paid in advance on the first day of each month. C * To maintain an accurate inventory of capital equipment purchased with Section 5307 funds : As the designated recipient of Section 5307 funds , the County will take title to all rolling stock and other capital items purchased with Section 5307 grant funds . Consistent with its approved procedures , the County will tag all capital assets and add each asset to its fixed assets inventory records . These records will be maintained and updated as necessary. An inventory of all SRA Section 5307 capital purchases will be conducted at least biennially. d . To perform regular vehicle maintenance on SRA vehicles : The County will perform all preventive maintenance as scheduled and in conformance with the Indian River County Transit Vehicle and Accessibility Feature maintenance plan . e. To provide assistance to and oversight of SRA ' s transit activities : The County will meet with the SRA on a quarterly basis to discuss transit system operations issues, including system performance , status of Section 5307 and PTBG funds utilization, other budget matters, federal requirements, routes, ridership, problems, opportunities , and other issues . Meetings will be held on the last Wednesday in the months of January, April , July and October. Besides Indian River County Mass Transit Service Agreement Page 2 attending quarterly meetings, County staff will be available to assist the SRA with any transit planning, budget, grant administration, or other issues . The County will oversee the SRA ' s mass transit program as specified in this agreement and as otherwise necessary to ensure that the SRA complies with all federal, state, and local requirements in its provision of mass transit service to Indian River County. The County will be responsible for verbal and written correspondence with the Federal Transit Administration on all matters relating to the Section 5307 grant program. f. To staff the Indian River County Transportation Disadvantaged Local Coordinating Board (TDLCB) : The County hereby establishes the TDLCB as the formal advisory board for mass transit operations in the county. The County agrees to staff the TDLCB and expeditiously present SRA matters, including transit route or schedule changes, to the TDLCB for consideration. V . The responsibilities of the SRA are . a. To provide mass transit service as identified in the County ' s adopted Transit Development Plan : The SRA shall provide fixed route/dial -a-ride mass transit service in accordance with the route structure , fare structure, and schedule identified in the County ' s adopted Transit Development Plan (TDP) . The SRA agrees to maintain the approved route structure , fare structure, and schedule unless the route or fare structure or schedule has been changed by amendment of the TDP after consideration at a public meeting. Any SRA proposals to change its route structure , fare structure, or schedule will be implemented in accordance with the County ' s public comment procedures regarding transit fare and service changes . The SRA will maintain a record of all public comment and a record of all responses to public comments regarding proposed route , fare, or schedule changes . b . To invoice the County monthly for mass transit costs incurred : The SRA shall provide (within 14 days after the end of the month) monthly invoices to the County detailing actual expenses for the prior month as compared to the draw received for that month. Subsequent monthly draws will be adjusted as needed to reconcile the actual expended amounts . The invoice form used by the SRA shall be approved by the County, and shall separately list invoice amounts for county funding, state funding, and federal funding . Indian River County Mass Transit Service Agreement Page 3 attending quarterly meetings, County staff will be available to assist the SRA with any transit planning, budget, grant administration, or other issues . The County will oversee the SRA ' s mass transit program as specified in this agreement and as otherwise necessary to ensure that the SRA complies with all federal, state, and local requirements in its provision of mass transit service to Indian River County. The County will be responsible for verbal and written correspondence with the Federal Transit Administration on all matters relating to the Section 5307 grant program. f. To staff the Indian River County Transportation Disadvantaged Local Coordinating Board (TDLCB) : The County hereby establishes the TDLCB as the formal advisory board for mass transit operations in the county. The County agrees to staff the TDLCB and expeditiously present SRA matters, including transit route or schedule changes, to the TDLCB for consideration. V . The responsibilities of the SRA are . a. To provide mass transit service as identified in the County ' s adopted Transit Development Plan : The SRA shall provide fixed route/dial -a-ride mass transit service in accordance with the route structure , fare structure, and schedule identified in the County ' s adopted Transit Development Plan (TDP) . The SRA agrees to maintain the approved route structure , fare structure, and schedule unless the route or fare structure or schedule has been changed by amendment of the TDP after consideration at a public meeting. Any SRA proposals to change its route structure , fare structure, or schedule will be implemented in accordance with the County ' s public comment procedures regarding transit fare and service changes . The SRA will maintain a record of all public comment and a record of all responses to public comments regarding proposed route , fare, or schedule changes . b . To invoice the County monthly for mass transit costs incurred : The SRA shall provide (within 14 days after the end of the month) monthly invoices to the County detailing actual expenses for the prior month as compared to the draw received for that month. Subsequent monthly draws will be adjusted as needed to reconcile the actual expended amounts . The invoice form used by the SRA shall be approved by the County, and shall separately list invoice amounts for county funding, state funding, and federal funding . Indian River County Mass Transit Service Agreement Page 3 c . To provide the County with quarterly performance and financial information : The SRA transportation coordinator will attend four (4) quarterly meetings with the County as referenced in IV (e) of this agreement . At least one week prior to each quarterly meeting, the SRA will provide the County with a quarterly progress report and a financial status report for the just completed quarter. The quarterly progress report shall include a description of the status of each activity line item contained in each active Section 5307 grant, including the major milestones required by FTA for each activity line item. The financial status report shall summarize all financial activity associated with each active Section 5307 grant . for the just completed quarter. This report shall also include the SBA ' s invoice for the current period. d. To close out any active Section 5307 and PTBG grants within the timeframes required for eachrgrant. The SRA will ensure that all Section 5307 grant funds will be expended within three fiscal years of FTA approval of the grant . The SRA will also ensure that all PTBG funds will be expended within one fiscal year of FDOT execution of the Joint Participation Agreement for PTBG funds. e . To provide the County with annual budget requests : In July of each year, the SRA will provide the County with estimates of needed capital and operating funds for the next fiscal year . These estimates shall be based on the adopted TDP and the Indian River County MPO ' s adopted Transportation Improvement Program . f. To follow all applicable FTA Section 5307 transit program requirements : The SRA shall adhere to all FTA requirements pertaining to the Section 5307 transit program included in the list of Certifications and Assurances, the Master Agreement, the Federal Register, and in other FTA correspondence . Specifically, the SRA ' s responsibilities are : 1 . To follow all applicable procurement requirements : The SRA shall adhere to all FTA and County procedures in procuring all goods and services with Section 5307 grant funds . In procuring rolling stock, the SRA agrees to utilize the state contract when possible. For state contract purchases , the SRA will ensure that Buy America, pre-award, post-delivery, and other applicable FTA requirements are met. The SRA shall not expend Section 5307 funds on any item unless that item is included in the County ' s approved Section 5307 grant. The SRA shall obtain written approval from the County prior to making any capital purchase . Indian River County Mass Transit Service Agreement Page 4 c . To provide the County with quarterly performance and financial information : The SRA transportation coordinator will attend four (4) quarterly meetings with the County as referenced in IV (e) of this agreement . At least one week prior to each quarterly meeting, the SRA will provide the County with a quarterly progress report and a financial status report for the just completed quarter. The quarterly progress report shall include a description of the status of each activity line item contained in each active Section 5307 grant, including the major milestones required by FTA for each activity line item. The financial status report shall summarize all financial activity associated with each active Section 5307 grant . for the just completed quarter. This report shall also include the SBA ' s invoice for the current period. d. To close out any active Section 5307 and PTBG grants within the timeframes required for eachrgrant. The SRA will ensure that all Section 5307 grant funds will be expended within three fiscal years of FTA approval of the grant . The SRA will also ensure that all PTBG funds will be expended within one fiscal year of FDOT execution of the Joint Participation Agreement for PTBG funds. e . To provide the County with annual budget requests : In July of each year, the SRA will provide the County with estimates of needed capital and operating funds for the next fiscal year . These estimates shall be based on the adopted TDP and the Indian River County MPO ' s adopted Transportation Improvement Program . f. To follow all applicable FTA Section 5307 transit program requirements : The SRA shall adhere to all FTA requirements pertaining to the Section 5307 transit program included in the list of Certifications and Assurances, the Master Agreement, the Federal Register, and in other FTA correspondence . Specifically, the SRA ' s responsibilities are : 1 . To follow all applicable procurement requirements : The SRA shall adhere to all FTA and County procedures in procuring all goods and services with Section 5307 grant funds . In procuring rolling stock, the SRA agrees to utilize the state contract when possible. For state contract purchases , the SRA will ensure that Buy America, pre-award, post-delivery, and other applicable FTA requirements are met. The SRA shall not expend Section 5307 funds on any item unless that item is included in the County ' s approved Section 5307 grant. The SRA shall obtain written approval from the County prior to making any capital purchase . Indian River County Mass Transit Service Agreement Page 4 2 . To comply with all Drug and Alcohol Program Requirements : The SRA will maintain adrug-free workplace and shall administer a drug and alcohol program that complies with all applicable FTA requirements, including the provisions of 49 CFR Parts 653 and 654 . This will involve conducting drug/alcohol training and testing, conducting blind performance testing, submitting an annual certificate of compliance, filing MIS forms annually, and maintaining drug test confidentiality. 3 . To comply with all ADA requirements : The SRA will ensure that all service personnel receive periodic ADA training that incorporates the seven ADA service provisions . The SRA will provide reasonable accommodations as defined by the ADA to all transit patrons requiring special accommodations and will ensure that its facilities and vehicles are ADA accessible . The SRA will also maintain and adhere to its adopted ADA complaint procedures . 4 . To solicit public comment on fare and service changes : The SRA will present any proposed fare and service changes at a public hearing prior to adoption. Comments received during the public hearing must be considered by the SRA in the implementation of fare and service changes, particularly fare increases and service reductions . 5 . To collect compile and report National Transit Database Information : The SRA will collect, compile, and report applicable system information as required under 49 USC , Section 5335 (a) . This information will be reported in the format and time frame required . At least one week prior to submitting National Transit Database information, the SRA shall submit a copy of that information for the County to review. 6 . To comply with all FTA Civil Rights Requirements : The SRA will update its DBE goals on an annual basis or as required by FTA . The SRA will maintain its Title VI program, comply with DBE requirements in hiring and procurement, and file all DBE reports on time . Indian River County Mass Transit Service Agreement Page 5 2 . To comply with all Drug and Alcohol Program Requirements : The SRA will maintain adrug-free workplace and shall administer a drug and alcohol program that complies with all applicable FTA requirements, including the provisions of 49 CFR Parts 653 and 654 . This will involve conducting drug/alcohol training and testing, conducting blind performance testing, submitting an annual certificate of compliance, filing MIS forms annually, and maintaining drug test confidentiality. 3 . To comply with all ADA requirements : The SRA will ensure that all service personnel receive periodic ADA training that incorporates the seven ADA service provisions . The SRA will provide reasonable accommodations as defined by the ADA to all transit patrons requiring special accommodations and will ensure that its facilities and vehicles are ADA accessible . The SRA will also maintain and adhere to its adopted ADA complaint procedures . 4 . To solicit public comment on fare and service changes : The SRA will present any proposed fare and service changes at a public hearing prior to adoption. Comments received during the public hearing must be considered by the SRA in the implementation of fare and service changes, particularly fare increases and service reductions . 5 . To collect compile and report National Transit Database Information : The SRA will collect, compile, and report applicable system information as required under 49 USC , Section 5335 (a) . This information will be reported in the format and time frame required . At least one week prior to submitting National Transit Database information, the SRA shall submit a copy of that information for the County to review. 6 . To comply with all FTA Civil Rights Requirements : The SRA will update its DBE goals on an annual basis or as required by FTA . The SRA will maintain its Title VI program, comply with DBE requirements in hiring and procurement, and file all DBE reports on time . Indian River County Mass Transit Service Agreement Page 5 In witness of the foregoing, the parties have read this Agreement and have affixed their signatures, effective on the date first appearing above . ATTEST : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS J . R . SMITH CLERK CIRCUIT COURT °gOUIIUUR• U00 gOMMISS�O • . ' • • 1 f° � *130 ' Jo ep E . Flescher • Chairman R , e • � ' ai Approved as to Form and y,, :oQ • Legal Sufficiency for County.P�i,9� . , b RNER COVt '• b ••Rrb•Rn °••O ij4t.3 ph A . Baird Alan S . Po ackwich, Sr. y Administrator County Attorney ATTEST : INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION, INC . EY : �c �-� . � � � o EY President, Board of Directors FACommunity Development\users\NWO\Admin\Agreements\TRANSIT\2013\Agreement for Mass Transit Service.doc Indian River County Mass Transit Service Agreement Page 6 In witness of the foregoing, the parties have read this Agreement and have affixed their signatures, effective on the date first appearing above : ATTEST : INDIAN RIVER COUNTY J . R . SMITH BOARD OF COUNTY COMMISSIONERS CLERK CIRCUIT COURT • a`g�ptlMgYO 0 9 . BY : ' 4e � a• �f. •iI a aganew • �% oseph E Flescher. q Chairman sT • �4� Approved as to Form and • � a Legal Sufficiency for County .1411 ;. t • o? Alan S . Polac wich, Sr. County parrtiiniiWater County Attorney ATTEST : INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION, INC. BY : BY : President, Board of Directors R\Community Development\Users\NM\Admin\Agreements\TRANSIT\2013\Agreement for Mass Transit Service.doc Indian River County Mass Transit Service Agreement Page 6 l In witness of the foregoing, the parties have read this Agreement and have affixed their signatures, effective on the date first appearing above . ATTEST : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS J . R . SMITH CLERK CIRCUIT COURT °gOUIIUUR• U00 gOMMISS�O • . ' • • 1 f° � *130 ' Jo ep E . Flescher • Chairman R , e • � ' ai Approved as to Form and y,, :oQ • Legal Sufficiency for County.P�i,9� . , b RNER COVt '• b ••Rrb•Rn °••O ij4t.3 ph A . Baird Alan S . Po ackwich, Sr. y Administrator County Attorney ATTEST : INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION, INC . EY : �c �-� . � � � o EY President, Board of Directors FACommunity Development\users\NWO\Admin\Agreements\TRANSIT\2013\Agreement for Mass Transit Service.doc Indian River County Mass Transit Service Agreement Page 6