SENIOR MICROTRANSIT FUNDING AGREEMENT

Transcription

1 SENIOR MICROTRANSIT FUNDING AGREEMENT This Senior Microtransit Funding Agreement (Agreement) is entered into this day of 2018 by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg, Florida (PSTA), and the City of Tarpon Springs, a municipal corporation with its principal governing address located at 324 Pine St, Tarpon Springs, FL (the City)(collectively, the Parties). WHEREAS, PSTA presently operates fixed route, trolley, and paratransit services (DART) services within Pinellas County; and WHEREAS, PSTA has developed innovative on-demand programs with various transportation network companies, taxi companies, and wheelchair service providers (Service Providers); and WHEREAS, the Parties desire to improve access to healthcare appointments for seniors with limited income within the City limits; and WHEREAS, the City has asked PSTA to develop a special microtransit service for its low-income senior citizens (the Service); and WHEREAS, the City will receive a funding donation from the Florida Hospital of North Pinellas (Advent Health) to provide the Service as set forth herein and has identified select medical facilities within the City limits to be served by the Service; and WHEREAS, the City may, at its own discretion, receive additional donations or contribute funding from its own budget to continue the program beyond the initial term set forth herein; and WHEREAS, the City and PSTA may agree to expand destinations to be served under this Agreement within available or future expanded funding. NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein and further good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged by the Parties, it is agreed that: 1. Recitals. The above recitals are true and correct and incorporated herein. 2. Contract Term. The initial term of this Agreement shall commence on December 1, 2018, and terminate when the funding contribution set forth in Section 3 below is expended or September 30, 2019, whichever comes first (the Initial Term). This Agreement may be extended by mutual written agreement of the Parties and such amendments may include additional funding. 3. Contribution Funding. The City shall provide a contribution to PSTA in the total amount not to exceed Twenty Thousand U.S. Dollars and NO/100 ($20,000.00) for the Initial Term (the Funding Contribution). The Funding Contribution shall be paid in monthly installments Page 1 of 7

2 as invoiced by PSTA on the fifteenth (15 th ) day of each month, with the first payment due on January 15, Use of Funds. PSTA will use the Funding Contribution solely for the purposes of supplementing the total cost of rides provided through Service Providers to and from medical appointments, pharmacies, and grocery stores for qualified riders and qualified rides as set forth in this Agreement. All costs charged to the Funding Contribution shall be supported by properly executed time records, invoices, executed payrolls, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. In the event City fails to pay the Funding Contribution pursuant to the terms of this Agreement, PSTA may immediately cancel this Agreement, and terminate the Service provided herein. 5. Qualifying Rides and Riders. To qualify for PSTA to supplement the cost of the ride using the Funding Contribution, trips must be taken by a qualified rider (as set forth below) and shall begin and end within the City limits to or from the destination listed in Exhibit A to be considered a qualified ride under this Agreement. Qualified riders shall be residents of the City, aged 65 years or older, and be eligible for transportation disadvantaged benefits in accordance with PSTA policies and procedures. Qualified rides will only be available from 8:00am to 4:30pm (EST) Monday through Saturday and may be scheduled through Service Providers on-demand or prescheduled up to two weeks in advance. Qualified rides will be further limited to two (2) round trips or four (4) one-way trips per month per qualified rider. 6. PSTA Contribution. At its own cost, PSTA will: A. Seek to engage a software consultant to enable an account-based system through new dispatching software for qualified rides funded under this Agreement. The dispatching software will seek to connect Service Provider vehicles with qualified riders to ensure best timely response of qualified rides as well as accommodate ambulatory or mobility device needs. B. Provide a marketing plan and execute the plan to target potential qualified riders. C. In-take requests for qualified rides through a PSTA call-in number or other communication options and dispatch through a back-of-house the software platform. 5. Reports. PSTA shall provide written and oral reports to the City describing the allocation of the Funding Contribution, including but not limited to details showing how the City funds have been expended, the receipt and expenditure of all other sources of funds by the PSTA, ridership and other statistics showing the effect of the Service and qualified rides, and financial statements. 6. Fiscal Non-Funding. In the event either party, in its sole and absolute discretion, determines that sufficient budgeted funds are not available to appropriate for payments due under this Agreement or to perform its obligations under this Agreement, such party shall notify the other party of such occurrence and this Agreement shall terminate on the last day of the current fiscal period without any penalty or expense. Page 2 of 7

3 7. Notices. All notices required or made pursuant to this Agreement shall be made in writing and sent by certified U.S. mail, return receipt requested addressed to the following. Either party may change its above noted address by giving written notice to the other parties in accordance with the requirements of this section. PSTA: With required copy to: The City: Brad Miller, Chief Executive Operator Pinellas Suncoast Transit Authority 3201 Scherer Drive St. Petersburg, Florida Alan S. Zimmet, Esq., General Counsel One Tampa City Center, Suite 2700 Tampa, Florida Mark LeCouris, City Manager City of Tarpon Springs, FL 324 Pine St, Tarpon Springs, FL Miscellaneous. A. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. B. COUNTERPARTS. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. C. ENTIRE AGREEMENT. This Agreement, including all exhibits, constitutes the entire agreement between the Parties and supersedes all previous written or oral negotiations, agreements, proposals and/or understandings. There are no representations or warranties unless set forth in this Agreement and any exhibits hereto. D. MUTUAL DRAFTING. This Agreement is the product of mutual drafting, each party having been represented by or having the opportunity to be represented by counsel, and therefore shall not be construed against either party. E. SEVERABILITY. If any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and shall be treated as though that portion had never been a part hereof. F. MODIFICATION. This Agreement shall only be amended by express written agreement of the Parties. Page 3 of 7

4 G. GOVERNING LAW AND VENUE. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida. The Parties consent to jurisdiction over them and agree that venue for any state action shall lie solely in the Sixth Judicial Circuit in and for Pinellas County, Florida, and for any federal actions shall lie solely in the U.S. District Court, Middle District of Florida, Tampa Division. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. ATTEST: Rachael Cappolla PINELLAS SUNCOAST TRANSIT AUTHORITY Brad Miller, Chief Executive Officer APPROVED AS TO FORM: Alan S. Zimmet, General Counsel CITY OF TARPON SPRINGS By: City Manager Mark LeCouris Attest: By: Mayor Chris Alahouzos City Clerk Approved as to Form: Jay Daigneault, Esq. City Attorney Page 4 of 7

5 Exhibit A CVS 1000 E. Tarpon Avenue LOCATIONS TO BE SERVED Academic Alliance in Dermatology 1005 E. Boyer Street Carlos A Hidalgo MD 1007 E Boyer St Quest Diagnostics 1081 S Pinellas Ave Lazenby Eye Care Center 1109 U S Hwy 19 Winn - Dixie 1171 S. Pinellas Avenue A+ Family Health, L F Didonato, DC 1200 S Pinellas Ave Complete Family Chiropractic, Tarpon Springs Spine and Medical 1244 S Pinellas Ave Carson Family Care Center 1259 S Pinellas Ave Gulf Coast Foot Ankle and Wound 1264 S Pinellas Ave Florida Hospital North Pinellas 1395 S Pinellas Ave Florida Hospital North Pinellas Physician s Group 1501 S Pinellas Ave Emanuel Kontos, DMD PA 1730 S. Pinellas Avenue Versatile Rehab, Inc 1763 Blue Lake Ct Phoenix Medical Management Care Center, Smiles by Design 1779 S Pinellas Avenue Sports & Orthopedic Rehabilitation 1888 S Pinellas Avenue Page 5 of 7

6 Lavere Chiropractic and Performance 210 S Pinellas Ave Old Tarpon Chiropractic PA 23 E Tarpon Ave Community Health Center at Tarpon Springs 247 S. Huey Avenue Christy Gillespie, AP, DOM, PA 30 N Ring Avenue #400 Optical Outlet U S Hwy 19 Gerard Bogin DC PA, John Nicholas Huy 400 E Tarpon Ave Aspen Dental U S Hwy 19 Publix U.S. Highway 19 Smile Design U S Hwy 19 Walmart U.S. Highway 19 Precision Optical PA U S Hwy 19 Coast Dental U S Hwy 19 Tarpon Springs Dialysis U S Hwy 19 St Luke s Cataract and Laser Institute U S Hwy 19 Ewelina Kalinowska-Szyszka, DO 510 E Tarpon Ave Walgreens 605 S. Pinellas Avenue Remise Occupational Health Services 638 E Tarpon Ave Page 6 of 7

7 Chris Prescription Shop 701 S. Pinellas Avenue Gulf Coast Primary Care, PLC 703 S. Pinellas Avenue Davita Medical Group Tarpon Springs 713 S. Pinellas Avenue Tarpon Discount Drugs 742 S. Pinellas Avenue Jeffery Prosser, MD Larry J Johnston MD, 905 E ML King Jr Dr Page 7 of 7