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Backup Documents 09/22/2015 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE • 1 Air Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office 7/?-4// 3. BCC Office Board of County ,--k Commissioners V\S/ / 4. Minutes and Records Clerk of Court's Office 74A n C5 f1.tapm 5. Return to Procurement Services Procurement Services �t Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Brenda Brilhart Phone Number 252-8375 Procurement Staff September 22,2015 Contact and Date Agenda Date Item was September 22,2015 Agenda Item Number 11.B Approved by the BCC ~-- Type of Document Amendment(Extension) Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 10-5455 Keolis Transit number if document is Number/Company America to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?S1 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 944 signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. MEMORANDUM Date: September 25, 2015 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10-5455 "FTA Grant Fund" Contractor: Keolis Transit America Attached is an original of the contract referenced above, (Item #11B) approved by the Board of County Commissioners on Tuesday, September 22, 2015. An original amendment has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment EXHIBIT A-1 Contract Amendment# 1 to Contract#10-5455 1 -I "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 1, 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. [The rest of this page intentionally left blank.] 1 may' 11 ri 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 ...... DWIZifit E. BROct4,,CLERK COLLIER COUNTY,FLORIDA By: Of - Deputy rle k TIM NANCE,CHAIRMAN Al to Chairman's I signature only. Contractor' 4st Witn w CONTRACTOR: Keens Transit America,Inc. By: f By:A.14, Print Name 5i(A t/J eec) Print Name and Title Contractor's Second Witness By: eiA0 Print Name Ap r ed tilt()Fen/empty: #1.4‘ Scott R.Teach, Deputy County Attorney 2 EXHIBIT A-I-A Contract Amendment#1 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. 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 rim 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. 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 $15,000.00 All start up and close out actual costs shall need to be pre-approved and will be reimbursed with proper written back up documentation. 3 Note: Language deleted has been sem-through. New language has been underlined.