#10-5455 (Keolis Transit America Amendment) EXHIBIT A-1 Contract Amendment#1 to Contract#10-5455
"Management Contract for the Collier County Area Transit(CAT)Fixed Route and Paratransit Program"
FTA Grant Funded
This amendment, dated September 22, 2015 to the referenced agreement shall be by and between the
parties to the original Agreement, Keolis Transit America, Inc. (to be referred to as "Contractor") and
Collier County, Florida,(to be referred to as"Owner").
Statement of Understanding
RE: Contract# 10-5455 Management Contract for the Collier County Area Transit(CAT)Fixed
Route and Paratransit Program
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the Contract by extending the term of the contract up to one hundred and
eighty (180) days (October I, 2015 through March 25, 2016). The County reserves the right to extend
this contract under the same terms and conditions herewith, upon approval by the Board of County
Commissioners.
The parties have futher agreed to modify Section 4 Termination, Section 10 Liquidated Damages, and to
provide for an increase in the fixed revenue hourly rate and per trip paratransit services charge, allow for
an allocation of actual costs for start-up and close-out (for an amount not-to-exceed $30,000) with a
requirement for Contractor to provide written documentation for the actual costs incurred, pursuant to
Exhibit A-1-A attached hereto and made an integral part of this Amendment.
All other terms and conditions of the agreement shall remain in force.
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IN WITNESS WHEREOF,the parties have each,respectively,by an authorized person or agent,have
executed this Amendment on the date(s)indicated below.
Accepted: September 22,2015
ATTEST! - BOARD OF COUNTY COMMISSIONERS
DWItiHTF'.. BRO6(,CLERK COLLIER COUNTY, FLORIDA
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By I eAece__
Deputy Cle k '4111' TIM NANCE,CHAIRMAN
a-Aieirtiti to Chairman's I
signature only.
Contractor's .t Witne : CONTRACTOR:
Keolis Transit America,Inc.
By:
By:
Print Name
5.7EPI-ICA)ta) ,l5A A t,‘) Pre- i.4 evt f i: Cer)
Print Name and Title
Contractor's Second Witness
By: ' 2--1 ----------
glA'1/4) 3-Print Name Name
Ap ro cdfro Fand .eg,a4ity:
.44,
Scott R. reach,
Deputy County Attorney
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EXHIBIT A-I-A
Contract Amendment#I to Contract#10-5455
Change Section 4. Termination:
4. TERMINATION. The Contractor shall report to and be responsive to the Collier County
Alternative Transportation Modes (ATM) Director and/or designee. The ATM Director and/or designee
will be responsible for evaluating the Contractor's performance. Should the Contractor be found to have
failed to perform his services in a manner satisfactory to the County, the County may terminate this
Agreement immediately for cause; . _ • ••••"• •; -•. The County shall be sole judge of non-performance.
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Change Section 10 Liquidated Damages:
The Contractor and County agree that the above-referenced liquidated damages represent the
appropriate level of damages in the event of a breach of the performance measures set forth in the
Agreement. Prior to assessment of liquidated damages, the County will inform the Contractor of the
assessment and receive any explanation from the Contractor. The Contractor shall be required to provide
a written and/or verbal explanation to the County. Upon receiving the explanation, the County shall
determine whether or not to assess liquidated damages. Liquidated damages shall be accrued and held in
abeyance until the end of the term of this Agreement;and may be deducted from subsequent payment(s)
due to the Contractor. Liquidated damages are neither a penalty nor forfeiture; they shall compensate the
County solely for the disruption of service caused by the breech of system standards.
1***)
Fixed Route—Per Vehicle Revenue Hour $ 53.55
Paratransit--Per Trip Charge �._ $ 27.10
Start up Costs Not To Exceed $15,000.00
Close Out Costs Not To Exceed
All start up and close out actual costs shall need to be pre-approved and will be reimbursed with
proper written back up documentation.
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Note: Language deleted has been stfeek4hpaugh. New language has been underlined.