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Backup Documents 11/10/2015 Item #11C (MV Contract Transportation) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN r n THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S 1-p- W Routed by Procurement Services to the Risk Management Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk Ci?L'� l 0,l1 2. County Attorney Office County Attorney Office I A I/11,0 3. BCC Office Board of County �F Commissioners / 1 1ZI\1 4. Minutes and Records Clerk of Court's Office 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Brenda Brilhart Phone Number 252-8375 Procurement Staff January 19,2016 Contact and Date Agenda Date Item was November 10,2015 Agenda Item Number 11.0 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 15-6424 MV Contract number if document is Number/Company Transportation to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes NTA(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur ? .S.10044„. .7 � -tel} 2. Does the document need to be sent to another agency for ad.• •onal signatures? If ye N/A provide the Contact Information(Name;Agency;Address;Phone • . . -• sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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. 11G MEMORANDUM Date: January 28, 2016 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #15-64624— CAT Fixed Route & Paratransit Program Contractor: MV Contract Transportation Attached is an original of the contract referenced above, (Item #11C) approved by the Board of County Commissioners on Tuesday, November 10, 2015. An original contract 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 1 1 c AGREEMENT 15-6424 for Management Services Contract for the Collier Area Transit(CAT) Fixed Route and Paratransit Program (OPERATIONS) THIS AGREEMENT, made and entered into on this ;.-r".'day of N.)040A t -- 2015, by and between MV Contract Transportation, Inc., authorized to do business in the State of Florida, whose business address is 5910 Central Expressway, Suite 1145, Dallas, Texas 75206, (the "Contractor", "Owner" or "MV") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. CONTRACT TERM AND COMMENCEMENT. The term of this Agreement shall be for a period of five (5) years with three (3) one (1) year renewal options, effective upon the date of the issuance of the initial Purchase Order. The Contractor shall commence services upon the issuance of said Purchase Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Prices shall remain firm for the initial term of the Agreement. Requests for consideration of a price adjustment must be made thirty (30) days prior to renewing for the first and subsequent years in writing to the Procurement Services Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability, and the County Project Manager, or Designee's approval. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Operations services associated with the Collier Area Transportation (CAT) System in accordance with the terms and conditions of as described in the exhibits listed below which are made an integral part of this Agreement. Exhibit I: Scope of Services Exhibit II: Pricing Structure & Liquidated Damages Exhibit III: FTA Provisions Package Exhibit IV: Contractor's(MV's) Proposal dated June 4, 2015 Exhibit V: Request for Proposal #15-6424 These documents include all expectations of the Contractor, including the Federal Transportation Administration Grant Requirements. Page 1 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) lie This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion of the work depicted in the Scope of Services, Exhibit I, as accepted and approved by the County Project Manager, or Designee, pursuant to the fees as set forth in Exhibit II Pricing Structure. Payment(s) will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act'. 3.1 Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long- distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 3.2 Liquidated Damages: For performance not delivered in accordance with this contract, the County may incur additional expense, loss of confidence by system users, and negative or adverse bad publicity for the program and other damages to the County and the program. System performance outside of performance norms causes passengers to file complaints and make multiple calls to ensure that trips are properly booked and delivered. The actual damages caused by such a breach are uncertain or difficult to accurately estimate or prove. For this reason, Liquidated Damages, not otherwise specifically addressed and identified herein, may be assessed against the Contractor for the Performance Measures listed in Exhibit I titled "Appendix 1 Performance Standards" and "Appendix 2 Liquidated Damages." 3.3 In order to ensure a high standard of performance, services provided by the Contractor are to be operated in a manner that maximizes productivity without negatively impacting service quality for Page 2 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) a'� ' IC CAT & Collier Area Paratransit (CAP) patrons. To assure quality and a high level of customer satisfaction, all performance standards shall be reviewed on an on-going basis and are subject to change as CAT & CAP's needs change. If performance standards set forth below are changed by Collier County PTNE Division, the Contractor's performance standards will be immediately changed to meet the new performance standards, upon notice by PTNE to the Contractor. PTNE will review each performance factor and reward high achievement (incentives) or make deductions for substandard performance (disincentives) (See Exhibit I — Scope of Services). Review periods are generally every six (6) months. Cash payments or deductions shall be calculated on the Net Contract Amount Paid to the Contractor for Service Operated for the corresponding review period. All incentives achieved or incentive payments the Contractor receives from Collier County shall be distributed 100% among the Contractor's drivers, starters, safety supervisors and other non-key personnel who directly contributed to the operations success of the Contract during the review period being evaluated. In order to be included in the incentive payments, the employee must be on the payroll the date the payments are distributed. PTNE may require documentation to ensure that all incentives are distributed according to the Contract. 3.4 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 3.5 Late Payments by Contractors to Subcontractors and Suppliers: The Contractor agrees to comply with the provisions of Florida Statute §287.0585, as stated below: "When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section." Page 3 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 1 1 c 4. COUNTY AND CONTRACTOR-SUPPLIED PROPERTY. Title to capital items provided by the County shall remain with the County and records of all purchases will be documented through the County's Asset Management system. The Contractor shall be required to notify the County's PTNE Division of any needs to purchase equipment, items or services. Furthermore, the Contractor shall maintain adequate property control records of all County-furnished property in accordance with sound industry practice. Contractor shall also strictly adhere to the Federal property management requirements mandated by Title 49 CFR 18.32. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption#85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Amy Barry, Sr. Vice President MV Contract Transportation, Inc., 5910 Central Expressway, Suite 1145 Dallas, Texas 75206 Telephone: (407) 455-26321 Facsimile: (972) 391-4884 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-84071 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. The Contractor shall report to and be responsive to the Collier County PTNE Director and/or designee. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. D. Employee Dishonest Bond: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $500,000 Per Occurrence. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies Page 5 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) lic will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by the Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the PTNE Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #15-6424 Scope of Services and Addenda and Exhibits I- V. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Page 6 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Page 7 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) ,Cqp 11c Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. KEY PERSONNEL/STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Contractor's discretion. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SUBCONTRACTING. As to any assigned subcontractor(s) approved by the County and providing services on behalf of the Contractor, the Contractor shall include in its contract with such subcontractor(s) all clauses mandated by the Federal Government. Any Federal funds used to pay for goods or services on a contract greater than one hundred thousand dollars ($100,000) require the addition of such third party clauses. Reference on this matter is made to the Federal Transit Administration Best Practices Procurement Manual, Appendix A.1, as amended. As the expert, the Contractor shall be presumed to have specialized knowledge as to which clauses are required in its subcontracts and to take all required action incident to the Federal Administration reporting requirements. Page 8 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) CSO: 11C IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY FLORIDA • E. Broc , C -rk f Courts ., By: r , By: Dated: f Y 2 Donna Fi a (SEAL) Chairman Attest as to Chairman's' signature only. MV Contract Transportation, Inc. Contractor By. Z Fi t Wit` cnat re P 'V'sc. 3 O . - &- A. k , Ghe{ 6.-- C-14c-ia( o- TTyI-I1A1 k. ClaAHILkv e/print witness nameT TType/print sigand titleT cond Witn s OF- ,)A1v UAi? l N) TType/print witness nameT Approved as to Form and Legality: I itA ssistant nty� orney I 1 v � I--ep1 rl Print Name Page 9 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C EXHIBIT I — SCOPE OF SERVICES SCOPE OF SERVICE FOR FOR COLLIER AREA TRANSIT AND PARATRANSIT TRANSPORTATION MANAGEMENT AND OPERATIONS SERVICES 1.0 GENERAL 1.1 Services The Public Transit & Neighborhood Enhancement (PTNE) Division, a division of the Public Services Department of Collier County Government is charged with providing fixed route and paratransit operations. This Scope of Service covers the requirements for the Contractor to perform and deliver all fixed route transit operations; hereinafter referred to as Collier Area Transit (CAT) and paratransit service hereinafter referred to as Collier Area Paratransit (CAP) utilizing County owned and maintained vehicles and Contractor owned and Contractor maintained vehicles for Collier County. The Contractor shall provide all resources required to operate a turnkey operation to deliver services which includes but is not limited to, management, personnel, administration, supplies, equipment, services to manage and administer for all of the requirements of this Contract. The Contractor shall operate a specific number of CAT & CAP provided vehicles as well as Contractor provided vehicles. The Contractor shall comply with all applicable federal, state and local regulations. The Contractor shall be responsible for all fees, licenses, and permits, and/or fines and penalties as a result of operating CAT and CAP under the terms and conditions of this Contract. The requirements listed in this Scope of Service for personnel, vehicles, equipment, assets and other resources are minimum requirements. 1.2 Glossary The term "dedicated service" means all vehicles that are solely dedicated exclusively to the transportation of Collier Area Transit or Collier Area Paratransit patrons. The Contractor shall comply with all applicable requirements of Local, State, Federal and Original Equipment Manufacturer (OEM) safety and mechanical operating and maintenance standards for the particular vehicles and models used under this Contract and in accordance with this Scope of Service. The term "paratransit" and "Collier Area Paratransit (CAP)" shall be used interchangeably throughout this Scope. The term "fixed route" and "Collier Area Transit (CAT)" shall be used interchangeable throughout this Scope. 1.3 Americans with Disabilities Act(ADA) The Americans with Disabilities Act of 1990 (ADA) requires that "public entities which provide fixed route public transportation service must offer comparable Paratransit service to individuals with disabilities who are unable to use the fixed route system." Collier Area Transit provides complementary ADA service to qualifying passengers whose origin and destination are within 3/4 of a fixed route. Collier Area Transit's Paratransit Service is CAP. A separate vendor will provide passenger eligibility assessments, routing, scheduling, and service development and planning, travel training, customer service, dispatching and reservations for all paratransit programs. The Contractor shall be knowledgeable and experienced in ADA policy and best practices. This shall include, but not be limited to, personal care attendants, service animals and reasonable accommodations. Hours of operation for ADA trips pick up may be comparable to the operation hours of the Fixed Route schedule. ADA trips cannot be denied. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) ,. CO, 11C 1.4 Transportation Disadvantaged (TD) The Transportation Disadvantaged (TD) program provides service to people residing areas where CAT fixed route bus service is not available, and have no other means of transportation. A separate vendor will provide passenger eligibility assessments, routing, scheduling, and service development and planning, travel training, customer service, dispatching and reservations for all paratransit programs. The Contractor shall be knowledgeable and experienced in paratransit policy and best practices. This shall include, but not be limited to, personal care attendants, service animals and reasonable accommodations. The number of trips provided is based on needs but are also controlled by the availability of funding. Hours of operation for Transportation Disadvantaged trips pick up may be as early as 4:00 a.m. and the latest pickup time may be as late at 6:00 p.m. Saturdays and Sundays may be reserved for medical and religious trips only. In addition, the individual's trip origin and/or destination must reside outside the ADA corridor. 1.5 Service Area CAT and CAP provide transit service to the entire geographical Collier County. CAT currently operates 17 routes; and 1 express route. Current operations are approximately 214.65 hours per day Monday through Saturday and 108.78 hours per day on Sundays. CAT currently has 23 Gillig Transit buses allocated for all routes and will be for use by the successful contractor. One bus is being leased to Lee County to operate the LinC, which is a route connecting the two systems. CAT Vehicle Inventory synopsis is listed below and a full vehicle inventory are attached: #of Vehicles Size(In Feet) 11 30 8 35 2 35 (Hybrid —Diesel/Electric) 2 40 CAT service is provided seven days a week from approximately 4:00 a.m. to 8:50 p.m. from Monday through Sunday (depending on the route). The ADA required service area encompasses areas within 3/4 mile of local bus routes. CAP ADA operates service hours for those persons living within 9/4 mile from a local bus route. Origins and destinations within this area have Paratransit Service that is comparable to bus times. Transportation Disadvantaged (TD) funds are utilized to serve areas beyond the ADA requirement and are limited based on vehicle and funding availability. Hours of operation for TD trips pick up may be as early as 4:00 a.m. and the latest pickup time may be as late at 6:00 p.m. Saturdays and Sundays may be reserved for medical and religious trips only. If the local bus hours changes as part of a planned CAT local bus adjustment, the CAP ADA service hours may change accordingly and CAP ADA public materials will be modified by PTNE. The CAP TD service hours may be modified by PTNE during the term of this Contract. A combination of County furnished vehicles and supplemental contractor furnished vehicles shall operate the Paratransit Service delivery in the Service area. PTNE staff will notify the Contractor's personnel of any temporary changes to bus schedules for special events. For emergencies (ex. hurricane), PTNE will notify the Contractor's personnel of the associated changes in CAT & CAP hours of service immediately or upon PTNE's announced service change. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C 1.6 Holiday Service The Contractor shall not provide service for the following holidays, unless otherwise directed by PTNE: • New Year's Day • Memorial Day • U.S. Independence Day • Labor Day • Thanksgiving Day • Christmas Day If it becomes a safety concern to continue service, the contractor and PTNE will communicate to determine if service should be halted for the day. The decision to halt service will be at PTNE's discretion. 1.7 Scope of Work The Contractor shall provide all resources and administration required to operate the services outlined in this scope and to be consistent with federal, state, local regulations including the Transit Development Plan (TDP) and Transportation Disadvantaged Service Plan (TDSP). PTNE will have control of all policy matters relating to the CAT& CAP services, at a minimum to include standards of service, service area, hours of operations and the setting of fare rates and fare media. The Contractor shall ensure that all services are operated and delivered in a safe, courteous, customer-friendly, reliable and in a timely manner and that the passengers' best interests are of foremost concern. Rates for both fixed route and paratransit shall be set for the initial term of the contract. The Contractor shall provide all toll tags and administration for the CAT & CAP Services. The Contractor shall be responsible for all toll tags, toll charges and fines associated with toll tag usage. The Contractor shall ensure that appropriate level of back-up/extra board drivers is available to ensure continuity of service. The Contractor shall develop and implement policies and procedures consistent with Federal, State and Local regulations, including Collier County Practices and Procedures (CMA's) and Job Safety Analysis' (JSA). This should also include an anti-nepotism policy. The Contractor shall develop and implement policies and procedures to match PTNE standards regarding cell phones usage, conflicts of Interest, diversity, etc. within 90 days of contract award. The Contractor shall be responsible for the prevention of fraudulent practices by the Contractor's employees, agents, drivers, or any other person(s) acting under its control or direction in the performance of services pursuant to this contract and the CAT & CAP Programs. Such practices shall include, but not be limited to: a. Unauthorized dealings in, tampering with, or entering falsified information on documents or recording falsified, electronic information related to the provision of CAT or CAP Services under this contract. b. Allowing ineligible drivers to transport patrons. c. Transportation of ineligible patrons, including other unscheduled patrons or drivers. d. Allowing drivers to collect other than the appropriate fare or accepting gratuities. e. Misrepresentation of the verification and validity of actual trips taken; trip origins; trip destinations; vehicle odometer readings; fare and/or fare media returned by drivers; and/or Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) r.. 11C additional written instruction issued by PTNE. f. Documented instances of any item stated above shall result in non-payment for associated services. Upon verification of any fraudulent practice, PTNE may prosecute to the full extent of the law and pursue any other remedies provided under this contract by law. 1.7.1 Fixed Route Service Collier Area Transit (CAT) currently operates a total of 17 routes; and 1 express route. Current operations are approximately 214.65 hours per day Monday through Saturday and 108.78 hours per day on Sundays. CAT currently has 23 Gillig Transit buses (11 - 30 foot; 10 - 35 foot (2 of which are Hybrids); and 2 - 40 foot) allocated for all routes and will be for use by the successful contractor. One bus is being leased to Lee County to operate the LinC, which is a route connecting the two systems. CAT service is provided seven days a week from 4:00 am to 8:50 pm from Monday through Sunday (depending on the route). No services are provided on major holidays, including on Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, U.S. Independence Day, or Labor Day. Currently all buses are parked at the Transit Operations Facilities (TOF) located on Radio Road but not all routes begin at that location. Some routes will be required to operate deadhead trips at the beginning or end of the route. Drivers who begin or start their shift during the afternoon while a route is in service may be shuttled back and forth from TOF to access their vehicle in the employee parking area. The Contractor shall monitor and resolve all operational issues regardless whether it stems from vehicles, drivers and or patrons. The Fixed Route contract will be awarded based on a rate per Revenue Vehicle Hour(RVH). The following are the estimated annual RVH of service the Contractor will be expected to provide: FY 2016: 72,842 FY 2017: 73,935 FY 2018: 75,044 FY 2019: 76,170 FY 2020: 77,313 All Fixed Route service hour increases are subject to annual approval by Collier County. Service hours may vary over the term of the contract depending upon funding considerations. Any deviation in excess of the above annual revenue vehicle hours must be pre-approved in writing by the County. Additional RVH may be authorized, if funding becomes available. ROUTE DETAILS: Daily Statistics Route Route Description Mon- Sun Mon- Sun Runs Average # Name Sat Hours Sat Miles Ridersh Hours Miles ip 11 US 41 - Service from Govt. Transfer Station 14.83/ 10.33/ 243/ 170.1/ 10/7 338 Creekside along US 41 north to Creekside on 15.33 10.83 255.44 182.54 Immokalee Rd. and back. 12 Airport- Service from Govt.Transfer Station 13.33/ 10.33/ 219.15/ 170.45/ 9/7 331 Creekside along Airport Rd north to Creekside 13.83 10.83 231.59 182.89 on Immokalee Rd. and back. 13 NCH- Service from Govt. Transfer Station 13.83/ 10.83/ 192.78/ 151.47/ 14/11 262 Coastland to Coastland Mall &NCH via Davis 14.33 11.33 205.22 163.91 Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) ,- 11C Mall Blvd. &Goodlette Rd. 14 Bayshore- Service from Govt. Transfer Station 11.83/ 0/0 160.2/ 0/0 12/0 232 Coastland to Coastland Mall & NCH via 12.33 172.64 Mall Thomasson Dr/, Bayshore Dr. and US 41. 15 Golden Service from Govt. Transfer Station 14.89/ 10.5/ 253.7/ 177.59/ 10/7 359 Gate City to Golden Gate City via Radio Rd. 14.89 10.5 253.7 177.59 and Santa Barbara Blvd. 16 Golden Service from Govt. Transfer Station 13.39/ 0/0 222.83/ 0/0 9/0 200 Gate City to Golden Gate City via Radio Rd. 13.39 222.83 and Santa Barbara Blvd. 17 Rattlesnake Service from Govt. Transfer Station 13.25/ 10.33/ 188.12/ 146.3/ 9/7 192 -FSW to Florida Southwestern College via 13.75 10.83 200.51 158.74 College Rattlesnake Rd. circling back to the Transfer Station along 951 And US 41. 18 US 41 East Service from Govt. Transfer Station 11.83/ 0/0 164.56/ 0/0 8/0 144 - Naples to Naples Manor along US 41 12.33 177 Manor circling back to the Transfer Station along 951 and Rattlesnake Rd. 19 GG Estates Service from Govt. &Radio Rd. 21.48/ 4.83/ 736.77/ 166.46/ 9/2 274 - Immokalee Transfer Stations to GG Estates and 22.73 5.83 774.09 191.34 Immokalee City via Davis Blvd., 951, GG Blvd.,Wilson Blvd& Immokalee Rd. 20 Pine Ridge Service from Radio Rd. Transfer 5.25/ 3.75/ 97.96/ 73.47/ 4/1 43 Station to Pine Ridge Rd.from 5.25 3.75 97.96 73.47 Logan Blvd. to Goodlette Rd. via Davis Blvd. 21 Marco Service from Super Walmart south 5.25/ 5.25/ 113.96/ 113.96/ 5/5 74 Island of US 41 to Marco Island and 5.92 5.92 130.25 130.25 Circular circulating around the Island. 22 Immokalee Circulator service though 14.08/ 11.92/ 242.85/ 162.64/ 10/8 134 Circular Immokalee City, reverse of route 23. 14.33 13.09 249.07 248.2 23 Immokalee Circulator service though 14.08/ 0/0 294.83/ 0/0 10/0 113 Circular Immokalee City, reverse of route 22. 14.33 301.05 24 US 41 East Service from Govt. Transfer Station 11.75/ 8.75/ 189.68/ 142.26/ 8/6 190 -Charlee to Charlee Estate community&Big 12.25 9.25 202.12 154.7 Estates Cypress Flea Market via US 41. 25 Golden Service from Radio Rd.Transfer 11.83/ 2.67/ 224.88/ 56.22/ 8/2 145 Gate Center to Goodlette Rd. north of GG 11.83 2.67 224.88 56.22 Parkway- Pkwy via Radio Rd., 951, GG Pkwy. Goodlette With a stop at the Mall. 26 Clam Pass Mid-day service to Clam Pass 5.67/ 4.17/ 88.36/ 66.27/ 4/3 21 Beach from Golden Gate City via 6.34 4.84 106.76 84.67 Santa Barbara, Pine Ridge Rd. & Naples Blvd. 27 951 - Service from Golden Gate City to 13.83/ 10.87/ 278.55/ 216.65/ 9/7 37 Immokalee Creekside via GG Pkwy, 951, 14.16 11.2 287.75 225.85 Rd Immokalee Rd.with portions of route operating under flag down service. Service also to North Collier Reg. Pk 121 Express- Express service between 4.25/ 4.25/ 133.93/ 133.93/ 2/2 66 Imm. & Immokalee City and Marco Island. 5.25 5.25 221.69 221.69 Marco *revenue/service statistics Exhibit I Agreement*15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) T;) 1 1 C The current fares for the CAT System are as follows: Collier Area Transit Fare Structure Fare Category Fare Full Fare $1.50 Reduced Fare $0.75 Children 5 Years and Younger Free Marco Express $2.50 Marco Express Reduced $1.25 Transfers $0.75 Transfers Reduced $0.35 Day Passes $4.00 Day Passes Reduced $2.00 Smart Card 7—Day Pass $15.00 7—Day Pass Reduced* $7.50 30—Day Pass $35.00 30—Day Pass Reduced* $17.50 Marco Express 30—Day Pass $70.00 Marco Express 30—Day Pass Reduced* $35.00 Collier County BCC Employee Pass $10.00 Smart Media Fees Smart Card $2.00 Registration $3.00 Replacement with Registration $1.00 Notes: Reduced fares are for members of Medicare, Disabled Community,those 65 years and older and children 17 and under. ID required. In addition, reduced fares are available to the Medicaid Non-Emergency Transportation Provider. 1.7.2 Paratransit Service Collier Area Paratransit (CAP) currently operates a complete brokerage system to coordinate transportation for the disadvantaged citizens. Paratransit services are provided to individuals who, because of physical or cognitive conditions, are unable to access the fixed route bus service or when fixed route service is not available in an area and no other means of transportation is available to an individual. Only those firms who can offer and maintain the highest service delivery standards and quality will be considered. Two distinct transportation programs are provided under the paratransit program: ADA and TD. The ADA program provides service to people who reside within S/4-miles of an existing Collier Area Transit(CAT) fixed route bus service (with origins and destinations within 3/4-miles of a fixed- route), have transportation needs that fall within the CAT service schedule, but cannot access the bus system due to a disability. The TD program provides service to people residing in areas where CAT fixed route bus service is not available, and who have no other means of transportation. All trips provided by these services have an origin and destination within Collier County. However, trips may be coordinated with the transportation providers in adjacent County to make connections as necessary and appropriate. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) �9 O 11C The Contractor shall monitor and resolve all operational issues regardless whether it stems from vehicles, drivers and or patrons. The Paratransit portion of the contract will be awarded based on a per approved paratransit client trip. There shall be two separate rates, the first shall be for trips provided on County-owned vehicles, the second shall be for trips provided on non County-owned vehicles. PTNE shall not be charged additional for required personal care attendants or guests (as allowable under federal ADA provisions). The following are the historic number of trips to approved passengers that have been provided: Total#of Trips Year Ambulatory Wheelchair Provided to Passengers Passengers Approved Clients 12/13 61,285 18,923 80,208 13/14 59,549 16,845 76,394 14/15* 47,967 14,093 62,060 * Information provided for FY 14/15 is a partial year consisting of data from July 1st through March 31st) Passenger Co-Pay (Fare) The co-pay is determined by which transportation program the trip is conducted under. ADA and TD programs which require different co-pays as outlined below. The fare for ADA service is $3.00 for a one-way door-to-door trip. The fare for TD service is based on an income scale. The fare is $1.00, $3.00, $4.00 $5.00 or $7.00, per one-way trip. The current TD co-pay rates are presented in the table below: TD Rate and Fare Structure(Effective October 1,2014-September 30,2015)' Passenger pays Passenger pays Passenger pays Passenger pays Passenger pays Family $1.00 if household $3.00 If household $4.00 If household $5.00 If household $7.00 if household Income is at or Income Is>100%- Income Is>151%- Income Is>226%- income is+337%Size under Poverty 150%of Poverty 225%of Poverty 337%of Poverty of Poverty Level Level Level Level Level 1 $11,670 $11,671 -$17,505 $17,506-$26,258 $26,259-$39,328 $39,329 2 $15,730 $15,731 -$23,595 $23,596-$35,393 $35,394-$53,010 $53,011 3 $19,790 $19,791 -$29,685 $29,686-$44,528 $44,529-$66,692 $66,693 4 $23,850 $23,851 -$35,775 $35,776-$53,663 $53,664-$80,375 $80,376 5 $27,910 $27,911 -$41,865 $41,866-$62,798 $62,799-$94,057 $94,058 6 $31,970 $31,971 -$47,955 $47,956-$71,933 $71,934-$107,739 $107,740 7 $36,030 $36,031 -$54,045 $54,046-$81,068 $81,069-$121,421 $121,422 8 $40,090 $40,091 -$60,135 $60,136-$90,203 $90,204-$135,103 $135,104 *Source: U.S. Department of Health&Human Services 2014 Poverty Guidelines A third party Contractor will be responsible for CAP eligibility recommendations to PTNE staff. CAP Rider's Guide is available on the PTNE webpage at www.colliertransit.com The Contractor shall only provide paratransit service for eligible patrons in the CAP service area who are properly certified by PTNE and are enrolled in CAP's program. CAP currently operates Route Match operating system on version 6.0.13. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C 2.0 CAT&CAP SERVICE 2.1 CAT Service The Contractor shall be prepared to provide all resources necessary to operate the estimated number of revenue hours as projected. PTNE representatives may ride in the Contractor operated vehicles with or without prior notice to the Contractor to monitor compliance with the Contract and PTNE's performance standards. Failure to operate the CAT Services safely and/or in the patrons' best interests may result in the assessment of liquidated damages and/or the removal of personnel from revenue service. Liquidated damages are not punitive, but intended to recover PTNE's cost for poor delivery of service. 2.1.1 CAT Operating Standards PTNE has established the following operating standards to which the Contractor shall meet or exceed during Year 1 of the Contract: A. The Contractor shall maintain a productivity of at least 17.0 passenger trips per Revenue Vehicle Hour (RVH), without compromising service, safety, punctuality or quality for the first year of the contract. B. The Contractor shall operate each route in a manner to maintain on time performance of at least 95%, as shown in the Avail report. On-time performance will be evaluated on a per route basis. On time is defined as the time that the vehicle departs no earlier than and no more than five (5) minutes after the published departure times. C. The Contractor shall maintain an overall passenger customer service rating of four (4) based on a semi-annual customer service report. The response categories will be very poor (1), poor(2), fair(3), good (4), and very good (5). D. If patrons are unable to make a connection due to their bus not running on time, the Contractor shall make every effort to have the passenger transported at a minimum to the bus that they intended to transfer to. E. There shall be no more than 1.2 accidents per 100,000 miles. Year two (2) and beyond operating standards will be provided to the Contractor by September 1 each year. If new operating standards are not provided by September 1, the prior year standards shall remain in effect. 2.2 CAP Service The Contractor shall be prepared to provide all resources necessary to operate the trips assigned. PTNE representatives may ride in the Contractor operated vehicles with or without prior notice to the Contractor to monitor compliance with the Contract and PTNE's performance standards. Failure to operate the CAP Services safely and/or in the patrons' best interests may result in the assessment of liquidated damages and/or the removal of personnel from revenue service. Liquidated damages are not punitive, but intended to recover PTNE's cost for poor delivery of service. Each non-County owned vehicle shall be equipped with a two-radio that is compatible with the County system. At such time that the vehicle is no longer providing service to CAP, the Contractor shall provide documentation that the radio programming has been removed. Failure to remove the programming and provide documentation shall result in liquidated damages being assessed. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) Cq 11G 2.2.1.1 CAP Operating Standards PTNE has established the following operating standards to which the Contractor shall meet or exceed during Year one(1) of the Contract: A. Trips may be scheduled after 5:00 p.m. for service the next day. Trips may be dispatched after 5 p.m. the day prior to service or on the day of service. B. Passengers are not given a set pick-up time. Instead they are told to be ready for their ride to arrive from between one to two hours before their appointment time. This window is dependent on the service area of the pick-up and drop-off points. The service areas are defined as the Naples Service Area, Golden Gate Estates Service Area, Marco Island Service Area and lmmokalee Service Area. Trips within one service area have a one hour window. Trips between service areas have a two hour window. The one to two hour windows are inclusive of travel time between pick-up and drop-off. The Scheduling Contractor may negotiate special pick-up arrangements with the customer, in advance, as the situation dictates. These arrangements shall be documented and maintain on file to distinguish these trips from regularly scheduled trips for determining on-time performance. Medical appointments and employment must follow the 30 minutes early to zero minute's late policy. C. Four or more passengers dropped-off-and/or picked-up at the same location constitute a group trip. The Scheduling Contractor may negotiate special arrangements with the customer or agency, in advance, for a group trip. These special arrangements will be documented and evaluated separately for on-time performance. Every effort will be made to keep the ride times within the service window for these trips. D. The pick-up process for return trips is the same as the originating trip. Depending on the location, the window may be one to two hours. Expectations are that travel within a single service area will be within the one hour window and trips between service areas will have a two hour window. E. PTNE allows will-call trips, when patrons have missed their scheduled trips, and are placed on hold for the next available pick-up. F. PTNE has a "No Strand" policy. At no time shall a CAP patron be stranded away from home. Every attempt should be made to complete the trip. G. PTNE has a zero tolerance of refusal to pay policy: If the passenger does not have the appropriate amount to pay their fare, transportation will not be provided. However, if the passenger refuses to pay for the return trip, the no strand policy will override. The passenger will not be eligible to reserve a future trip until payment of their fare has been fulfilled. H. PTNE only allows each trip to have one destination. Brief stops at locations before the scheduled destination will not be allowed. If multiple destinations are needed, each section of the trip must be scheduled separately and the rider must pay a fare for each ride. I. Children under the age of 12 or individuals requiring special assistance must have a personal care attendant (PCA). The PCA must be an adult and must be able to provide necessary assistance to the passenger. J. All passengers under the age of 5 and fewer than 50 pounds will be required to use a child restraint device. This device must be provided by the parent or sponsoring agency. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and ParatranSit Program (OPERATIONS) 11C K. Passengers will be allowed to bring up to four shopping bags onto the vehicle. Bags must fit under the passenger's seat, and/or on their lap. L. PTNE's no-show/late cancellation policy states that all scheduled trips must be canceled at least 2 hours prior to the scheduled trip in order to avoid being deemed a "No Show". Passengers are not responsible for "no-shows" due to sudden illness, family or personal emergency, transit connection or appointment delays, extreme weather conditions, operator error or other unforeseen reasons for which it's not possible to call to cancel or take the trip as scheduled. Late Cancellations and/or No Shows may result in suspension of service. The contractor must work with the customer service contractor to verify that a late cancellation or no show charge is valid so as to not inaccurately assess a suspension to a patron. M. The Contractor shall operate in a manner to maintain on time performance of at least 95%, as shown in the Avail report. On-time performance will be evaluated for all completed drop-offs. N. There shall be no more than 1.2 accidents per 100,000 miles. O. There shall be no more than two complaints per 1,000 miles. P. A minimum of 20% of trips shall be provided by non-County owned vehicles on a monthly basis. Q. A minimum 20% spare ratio shall be maintained for County owned vehicles. 3.0 CONTRACTOR PERSONNEL 3.1 Key Personnel The Contractor shall employ key personnel in the positions of General Manager, Operations Manager(s), and Safety and Training Manager(s). All key personnel shall be employees of the Contractor. The General Manager shall have a reporting relationship to the PTNE Director and/or any other personnel assigned by PTNE to ensure continuity of service performance. The contractor shall provide PTNE with cell phone numbers and email addresses to ensure communication twenty-four hours a day, seven days a week, three hundred sixty five days per year. PTNE reserve the right to approve all key personnel qualifications and management changes. The Contractor shall notify PTNE of the intent to change key personnel assigned to this contract. Changes in key personnel in the positions of General Manager, Operations Manager(s), and Safety and Training Managers must be approved in advance and in writing by PTNE's Transit Manager. PTNE reserves the right to review applicant's credentials and conduct interviews as needed. 3.1.1 Operations Managers shall be solely dedicated to the CAT & CAP operations. There shall be seven day a week on-site coverage for all CAT services. 3.1.2 Safety and Training Manager(s) shall be solely dedicated to the Safety and Training of the CAT & CAP services. The Safety and Training Manager shall be the Drug and Alcohol Designated Employee Representative (DER) and shall be responsible for the Contractor's Drug and Alcohol Program. The Contractor shall provide a certified and trained backup to the Safety and Training Manager as the DER at all times throughout the term of the Contract. The Safety and Training Manager or their designee shall provide training for new hires and route training to keep drivers up to date on safety issues and defensive driving skills. Road observations for a minimum of (2) two hours per day must be completed on a daily basis to ensure "on time" performance standards as established Exhibit I Agreement*15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program le (OPERATIONS) , 11C herein, check on any problem areas, make recommendations on route adjustments and ensuring good driving behavior. The Safety & Training Manager shall provide a monthly safety report to PTNE which must include a summary of monthly accident and incident occurrences. 3.2 Personnel Coverage At a minimum, one member of the key personnel shall be on duty at all times for management coverage while vehicles are in service, Monday through Saturday. The Contractor shall also identify primary and secondary supervisory personnel to assist key personnel with daily management during normal business hours. The Contractor shall maintain a back-up staffing plan to accommodate all key personnel absences of more than one week with qualified substitute personnel. The back-up staffing plan shall be submitted to PTNE for review and approval during the proposal and shall keep the approved back-up staffing plan current at all times. If it is determined that a key personnel member will be absent for more than 45 days, the Contractor will present the resumes of qualified candidates for PTNE's approval. Failure to present and maintain qualified candidates may lead to the assessment of liquidated damages. The Contractor shall ensure that there is management coverage during all hours of CAT & CAP service. Any gaps in key personnel or other personnel which affect the quality of service may result in the assessment of liquidated damages. The key personnel requirement does not relieve the Contractor of responsibility for maintaining appropriate staffing levels of administration and support personnel. The Contractor's key personnel shall, at a minimum be required to: • Attend various management and/or Board, committee meetings; • Schedule and participate in all CAT/CAP Community Outreach events; • Participate in all Public Transit Ad-Hoc Advisory Committee meetings; • Prepare presentations upon request. The Contractor shall work with PTNE in regards to any changes to the CAT or CAP program which at a minimum may include: • Changes to CAT or CAP Policies and/or Procedures; • Changes to fare structure; • Changes to service areas; • Route modifications 3.3 Safety and Training Staff The Contractor shall provide qualified and dedicated full time Safety and Training staff (categorized as safety sensitive) as needed to meet the requirements of the Contract. The requirement of the Contract for Safety and Training staff at a minimum include: A. All new, refresher, remedial and any other required training of drivers, B. All new, refreshers, remedial and any other required training of support staff to include road supervisors, etc. C. Monitoring of all safety sensitive staff. D. Safety Administration E. Tracking and documentation of all training. All of the Contractor's Safety and Training staff shall be trained and certified to conduct training courses consistent with Federal, State, Local, Transportation Disadvantaged Service Plan, and Transit Development Plan requirements and shall be trained in accident investigation procedures Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) /fc) X10 11C as required by the US Department of Transportation. The Contractor shall develop procedures to investigate, develop and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guidelines provision or equipment maintenance or technical correction required, together with a follow-up. The Contractor shall provide all training documentation, certifications and safety programs to PTNE for PTNE's review and approval on a monthly basis. As the Contractor updates and/or changes training certification and/or safety, the Contractor shall provide updates to PTNE for their review and approval. Every 12 months, the Contractor shall conduct a minimum of six mandatory safety meetings with duration of a minimum of 2 hours. Advanced notice of these meetings must be provided to PTNE. The Contractor shall develop procedures and training programs subject to PTNE review and approval to address all types of emergency situations, including accidents, crime/security incidents, evacuation procedures and inclement weather. 3.4 Staff The Contractor shall be responsible for providing all levels of staff as required to deliver the CAT and CAP services. It is the Contractor's responsibility to maintain appropriate management staffing levels for all administration and personnel. The Contractors staff shall at a minimum: • Be proficiently trained in ADA regulations and compliance requirements. • Be proficiently trained and have a complete understanding of the CAT and CAP fare policy. • Be proficiently trained in all CAT and CAP policies and procedures. • Be proficiently trained to conduct conversations with English speaking patrons. • Be proficiently knowledgeable of the CAT and CAP service area and hours of service. • Be proficiently knowledgeable of the street system for development of detours/alternate routing for inclement weather, parades, and construction and/or street closures as required. • Be proficient in Customer Service Excellence at all times. • Be prepared to conduct conversations in other languages by use of adequately trained staff or translation services. • Be prohibited from soliciting and/or accepting gratuities or gifts from patrons of the system. • Be sensitive to persons with disabilities. • Be sensitive to passengers needs and must be able to handle passenger complaints, rudeness and problems as they occur. • Shall report all incidents and accidents regarding CAT/CAP property, facilities, or passengers. This includes but is not limited to accidents/incidents that occur during training and/or incidents that may affect service delivery. • Shall, when requested by PTNE, distribute notices to passengers, schedules and/or other promotional materials or otherwise render assistance in CAT/CAP's monitoring and Exhibit I Agreement*15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) • 11C supervising operations. • Be proficiently trained and certified in Maintenance of Traffic operations if required for their position. • Have an accurate clock or watch (set daily) displaying hours and minutes available and in clear sight at all times during the operation on any vehicle. 3.5 Hiring Requirements The Contractor shall verify compliance with the following minimum requirements and submit documentation to PTNE, for all positions: • The Contractor shall conduct a thorough local, county, state and federal background check on all applicants/employees prior to employment offer and every 6 months after date of hire. The background check shall include a comprehensive out of state review. This shall be done to ensure that applicants and personnel do not have a criminal conviction that would make the person a threat to passenger safety or threaten the loss of CAT/CAP property. A conviction record will not necessarily prohibit employment; factors such as the date of the offense, seriousness and nature of the violation, and rehabilitation will be taken into consideration. No employees shall have any felony criminal convictions. No employees shall have a Driving While Intoxicated or Driving under the Influence (DWI/DUI) convictions on their record within the past 10 years. All criminal convictions will be reviewed on a case-by-case basis by the Contractor and PTNE's Transit Manager prior to a candidate's hire. PTNE shall participate only in reviewing candidate's histories. The Contractor shall be solely responsibility for all hiring decisions. • All employees shall be cleared to receive a Collier County identification badge. This includes completing a Collier County administered background check at the sole expense of the contractor. All criminal convictions will be reviewed on a case-by-case basis by the Contractor and PTNE's project manager prior to a candidate's hire. PTNE shall participate only in reviewing candidate's histories. The Contractor shall be solely responsible for all hiring decisions. • The Contractor shall conduct a check of the motor vehicle records (MVR) of an applicant's driving history. The applicant must not have more than one traffic citation for a moving violation in the past two (2) years. The Contractor shall update the MVR review every six (6) months after hire. • All applicants must possess a High School Diploma or General Equivalency Diploma (GED). • Each driver must possess and maintain a Commercial Driver's License with the proper endorsements. Each driver must be licensed for a minimum of three(3)years. • All safety sensitive applicants and employees must pass the mandatory DOT physical (at the time of hire and subsequently, as required), drug and alcohol testing and background investigation. Applicants who were previously terminated by any previous employer for drug or alcohol use shall not be eligible for hire. 3.6 Drivers Entering Service The Contractor shall not place a Driver into revenue service until: • All hiring requirements have been fulfilled. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) (:;`) ii 11C • All training is completed and documented. • PTNE has reviewed the driver's file. • Collier County has issued a County identification badge, and • Activation in all applicable Intelligent Transportation Systems (I.E. Trapeze, Avail, Route Match, Zonar, etc.) 3.7 PTNE Audits PTNE reserves the right to randomly audit Contractor employee files for compliance of contract requirements. Upon PTNE's request, all personnel records, to include at a minimum, MVR, background checks and documentation of DOT physical (if applicable), shall be made available to PTNE. Contract employees found to be out of compliance shall be removed from service until verification of compliance by PTNE staff. It is the Contractor's responsibility to keep Contract compliant documents for all personnel. Should PTNE's random audit find a non-compliant file, the Contractor shall be assessed liquidated damages. 3.8 Transition of Employees During the initial transition to a new Contract, all employees who are currently affiliated with CAT & CAP and have successfully completed the required training courses may be considered for retention by the Contractor without further required training. It is the Contractor's responsibility to determine the driving qualifications, abilities and driving history for all drivers. All employees, regardless of previous status, must meet the same hiring criteria as a new applicant inclusive of background checks, MVR, and issuance of County badge. 4.0 TRAINING 4.1 General Requirements The Contractor shall be responsible for all training and shall ensure that all personnel understand and use safe and efficient driving and passenger assistance practices while performing any and all CAT or CAP Services. Each driver trainee shall be trained to safely operate each vehicle type included within this Contract prior to its operation. All personnel shall be monitored by the Contractor to ensure Contract performance and the Contractor shall schedule refresher courses as needed. PTNE reserves the right to review and approve all training, materials and course work prior to Contract commencement and throughout the term of the Contract. PTNE also reserves the right to participate in any safety and/or training activity. The Contractor shall provide its Training Program for PTNE's approval. The Contractor shall prepare and distribute to all employees a Driver's Manual. Contents of the Driver's Manual shall include the following subject areas: driver's rules; accident/incident policies; radio policies and procedures; farebox policies and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent sample forms. The Training program shall meet or exceed FTA and FDOT requirements, and shall include: • Safety&Security—minimum of 24 hours, including: o Safe vehicle operation Defensive Driver Training per the National Safety Council standards or an equivalent course approved by Collier County o Vehicle breakdown, accident, passenger incidents, adverse weather and other emergency/safety procedures including emergency vehicle evacuation. o Accident prevention o Hazard recognition Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C • Customer Service—minimum 24 hours, including: o Customer Relations Course. The purpose of the course is to help provide employees with customer service skills and reinforce that these employees are the first point of contact with the public and that interaction must be professional and pleasant for the public. o Role of Transit Operation o Customer Basics o Communications o Difficult Situations o Customers with Disabilities&ADA requirements o Sensitivity training to develop skills and increase understanding of people with disabilities, all sexual orientations, diverse cultures, races and ages. • Collier Area Transit Specific—minimum 16 hours, including: o Local Policies and Procedures o Fare Policies o Documentation& Paperwork o Reporting for Duty o Appearance o Code of Conduct o Employee/Operator Handbook o Policy instruction, such as trip scheduling, service hours, service area, complaint procedures, wait time,fare structure, transfer locations,ADA operation, etc. o Knowledge of service area, map reading, address locating and familiarity with streets and landmarks. o Sexual Harassment • Regulatory—minimum 16 hours, including: o Drug &Alcohol Program Training o Commercial Driver's License Training o Occupation Safety and Health Administration (OSHA)Training o Americans with Disabilities Act Training o Rule 14-90 • Technical Operator Skills(on bus training rime)—minimum 40 hours, including: o Vehicle Familiarization o Pre/Post Trip Inspections o Seat Positioning/Mirrors o Vehicle Start-Up Procedures o Steering/Maneuvering o Lift/Ramp Deployment o Signaling o Braking o Routine Procedures o Service/Stops/Transfer Facilities o Driving Conditions/Adverse Weather o Vehicle and equipment operations, including proper two-way radio protocol, wheelchair and scooter securement, ramp operations, and operation of any automated devices installed in the vehicle. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) �b'j 11C • Route/Line Training (on the job training)—minimum 80 hours, including: o System and Route Familiarization o Line Instructor Training and Observation o On the Job Training • Passenger Assistance Technique (PAT) minimum 4 hours. —This training must satisfy the paratransit service Passenger Assistance Training/Sensitivity Requirement of Rule 14-90. Training shall include elderly and disability sensitivity components, passenger relations and assistance, passenger handling, securement of wheelchairs, use of seatbelts, assistance to the visually impaired and dealing with service animals. • Adult and juvenile Cardiopulmonary Resuscitation training including general first aid, proper response to emergency medical needs of riders and hazardous waste disposal procedures. The Contractor shall test each driver trainee at the end of the training to determine competency, and shall monitor performance throughout employment to ensure each driver follows all procedures introduced in training. 4.2 Remedial/Refresher Training The Contractor shall ensure that all CAT and CAP trips provided for this Contract meet PTNE's goals of on-time performance and with the patrons' best interests. The Contractor shall provide to PTNE, at minimum, performance statistics by route/manifest and driver on a daily basis. The Contractor shall monitor drivers to ensure that proper training and/or retraining is provided upon PTNE's request or when any of the following conditions exists: • Drivers with low on-time performance • Drivers with high levels of accidents and/or incidents • Drivers who fail to get out of the vehicles to provide assistance to patrons • Drivers who fail to 'arrive' and 'perform' as defined in this Scope of Service 4.2.1 Remedial Training Contractor shall ensure that Drivers receive a minimum of: • 8 hours one-on-one retraining after a preventable accident and/or at PTNE's request. • 4 hours one-on-one retraining (2 hours classroom and 2 hours on the road) after a driver receives more than two (2) verifiable Service complaints regarding passenger relations and/or safety within a six(6) month period and/or at PTNE's request. • 40 classroom hours and twenty-four (24) hours of observed ride checks and/or at PTNE's request for driver who receives three (3) or more verifiable service complaints regarding passenger relations and/or safety within a six (6) month period and/or at PTNE's request. 4.2.2 Refresher Training The Contractor shall ensure that Drivers receive mandatory minimum training as noted below before returning to regular duties from a medical leave; re-instatement or any separation from their regular duties: Days of Leave Required Instructional Required Line Training Instruction 1 to 29 days 8 hours 3 days Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) •a� (.O 11C 30 to 89 days 16 hours 5 days 90 to 364 days 3 days 5 days 365 days to 729 days 3 to 5 days 5 to 10 days 730 days or more Full basic training certification—200 hours 4.2.3 Recertification The Contractor shall ensure that employees undergo a full recertification every year to include at a minimum the following areas: • ADA • Accident reporting procedures • Cardiopulmonary Resuscitation (CPR) (Re-certify every two years) • Conflict resolution/customer relations • Customer Service/Sensitivity • Emergency procedures • Fare collection • First Aid • Passenger assistance training (PAT) • Wheelchair lift/ramp and wheelchair securement • Sexual Harassment 4.2.4 Ride Checks The Contractor shall ensure that every active Service Driver has a ride check once every year during revenue service with a certified DOT instructor. Each target ride should be a minimum of 30 minutes. PTNE personnel or other representatives may elect to also conduct observation rides with the Contractor's Drivers with or without prior notice to the Contractor to ensure compliance with the terms of the Contract. Copies of all Contractor observation ride forms shall be made available to PTNE when requested. A summary report is due monthly to PTNE's Project Manager. Failure to conduct and document mandatory ride checks may result in the assessment of liquidated damages. 4.2.5 Line Instructors also known as Behind the Wheel Trainers(BWT) The Contractor shall ensure that Line Instructors/BWT have a minimum of 5 days of line instructor/BWT certification prior training any students/Drivers. The certification shall include, but not be limited to: • Accident Reporting Procedures • Operating System Procedures • Pre-trip procedures for CAT&CAP provided vehicle operations • Intelligent Transportation System Functionality&Operations • Vehicle Operations The Contractor shall provide the PTNE Project Manager with documentation of refresher/remedial/recertification of each driver. This shall be provided on a monthly basis for the drivers who have completed refresher/remedialrecertification. 4.3 Post-Hire Requirements and Removal PTNE may require the Contractor to immediately remove any driver and/or safety sensitive person from service for any one of, but not necessarily limited to, the following: Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C A. Committing unsafe or inappropriate acts while providing service as documented by Service Supervision and/or Management staff reports or from a driver's complaint history. B. Operating a cell phone or any other PTNE non-approved electronic device while operating a revenue vehicle without prior approval. This includes the use of ear pieces, ear cords and blue tooth. C. Revocation or non-renewal of a valid Florida Driver's License. This includes Drivers, Street Service and Safety Supervisors and Training staff. D. More than two (2) moving violations and/or preventable accidents or one (1) accident classified as negligent in any rolling twelve(12) month period. E. More than three (3) Driver Behavior and/or Driver Safety complaints per six month period. F. Distributing any unauthorized materials, i.e. religious, political or solicitations while representing CAT & CAP. G. Inability to maintain an individual 85% on-time-performance in a 30 calendar day period. The Contractor shall develop corrective action plans for these individuals for PTNE's review and approval. H. Failure to submit to or pass a drug or alcohol test. I. Failure to properly utilize all seat belts for the driver and all passengers. J. Unprofessional communications and/or behavior with Dispatchers over the radio or in the presence of a CAT or CAP patron. K. "Arriving" a trip early in an effort not to show lateness on a schedule or "performing" a trip late in an effort to circumvent an accurate GPS location that could result in fewer trips per driver. L. "Arriving" and/or"Performing" a trip with no patrons being transported in order to commit fraud. M. Failure to notify the Contractor of a moving violation (traffic ticket), an arrest or conviction of a criminal offense of a Class A or Class B misdemeanor, or felony; or placement on probation or deferred adjudication for a Class A or Class B misdemeanor, or felony; or DWI, before the end of the business day following the day the employee receives notice of such action(s). The Contractor shall immediately remove any driver and/or safety sensitive personnel from driving until disposition of a DWI/DUI charge by the courts. A safety sensitive person who has a conviction of DWI/DUI, regardless of whether the conviction stems from operation of a CAT or CAP vehicle or a privately owned vehicle, will be removed from service. PTNE reserves the right to have the Contractor remove any driver and/or safety sensitive personnel from CAT or CAP driving until disposition of criminal charges (e.g., violent crimes, firearm or drug related that would cause concern for the safety of themselves, other employees, patrons and/or PTNE property) by the courts. Upon notice of an arrest or conviction or placement on probation or deferred adjudication, the Contractor in conjunction with the PTNE Transit Manager, will determine whether any personnel action is required. The Contractor must notify the PTNE Transit Manager immediately that an employee is no longer employed by the Contractor. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 0 11C 4.4 Driver Responsibilities 4.4.1 Drivers are prohibited from soliciting and/or accepting gratuities from CAT or CAP patrons. 4.4.2 Drivers shall be required to have a complete understanding of CAT/CAP's fare policy. 4.4.3 Drivers shall conduct a pre-trip inspection for all vehicles including the radio, MDT's, and/or cycle wheelchair ramp. Said inspection shall be performed on non-County owned vehicles as well and documentation of the inspection shall be provided to the Transit Manager. 4.4.4 Drivers shall follow proper procedures when boarding and alighting patrons, including but not limited to, announcing stops according to ADA requirements. Drivers shall be required to announce the next destination to patrons on board, thereby providing effective communication and an expected level of customer service. 4.4.5 Drivers shall follow proper procedures when boarding and alighting wheelchair patrons to include proper positioning of the vehicle while deploying the wheelchair ramps. All drivers shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheelchair securement devices, storage of mobility assistive devices, and closing the vehicle door. Other assistance may be provided except in situations in which providing assistance would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. For paratransit service, passengers who are especially frail and elderly and/or disable shall be assisted from the door of their pick up point to the door of their destination. Drivers may not assist passengers in wheelchairs more than one step up or down. 4.4.6 Drivers shall report all incidents, accidents regarding CAT/CAP property, CAT/CAP facilities, CAT/CAP passengers and/or accidents involving both County-owned and non- County owned vehicles to PTNE's Project Manager. This includes but is not limited to accidents/incidents during training and/or incidents that may affect service delivery. 4.4.7 Drivers shall, when requested by PTNE, distribute notices to passengers, schedules and/or other promotional materials or otherwise render assistance in PTNE's monitoring and supervising operations. 4.5 Uniform Specifications and Appearance Standards The Contractor's Drivers, Street, Safety and Office Supervisors shall be required to wear a PTNE approved uniform at all times while on duty. All employees shall wear an identification badge as issued by Collier County. Uniforms shall be clean, pressed, and free of wrinkles and without tears or other signs of excessive wear. All employees shall be neat in appearance, well groomed, and practice good hygiene. Large flashy jewelry or items referencing political views shall not be worn while in uniform. If off duty, any employee who chooses to wear the uniform must wear a complete uniform as prescribed in this Scope of Services. The uniform may not be worn in parts or for separate purposes. The wearing of any non-regulation pants, shirts, or shoes, while on duty is prohibited and the Contractor is subject to the assessment of liquidated damages. Employees shall not engage in the engage in purchasing or consuming alcohol or tobacco products while in the CAT uniform (full or partial). The Contractor shall furnish all uniforms with the exception of belts and shoes, which shall be provided by the employee. A new driver may not enter into revenue service without a complete uniform. The Contractor shall replace the uniforms as needed for torn and excessive worn uniforms. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) lac 4.5.1 Uniform Specifications: • Shirts: Long sleeve or short sleeve; uniform shirts must be tucked into the trousers at all times. • Shorts or Pants, Navy Blue: Dura knit or cotton, no denim. Office staff may wear denim for business professional Fridays. • Belt: Solid Black only • Coats, sweaters, jackets, raincoats, and foul weather clothing, if worn, shall be solid navy blue or black. Only the CAT logo shall be permitted. • Shoes: Black Acceptable shoe styles: Closed toe shoes are required. Plain toe; military style, oxford, wellington boots or dress boots with a zipper not exceeding eight(8) inches in height; Low-cut tennis shoes all-black only. Unacceptable shoe styles: High top tennis shoes; buckles and stirrups; laced hiking- style boots, laced boots; sandals; cleared or open toe Thick crepe, cleat or rippled- soles • Socks: Black socks or skin tone nylon stockings 4.5.2 Appearance Standards: 4.5.2.1 Male Appearance: • Male hair shall be clean, neatly and evenly trimmed or combed and well groomed, with length in keeping with a professional image. • Mustaches shall be clean and neatly trimmed and shall not extend more than one-half(1/2) inch horizontally beyond the corners of the mouth. • Beards and goatees are permitted; the beard must not be more than one- half(1/2) inch in length, and must be clean and neatly trimmed. • Ornaments and Jewelry on Clothing: Ornaments, jewelry or similar accessories shall not be worn if they depict any association, individual, occupational group, religion, race, creed, color, nationality, or gender in any way, especially in a favorable or unfavorable light. 4.5.2.2 Female Appearance: • Female hair shall be clean, neatly and evenly trimmed or combed, and well groomed in keeping with a professional image. At no time shall hair be worn in such a manner that it obscures vision or creates a safety hazard. • If cosmetics are used, they shall be applied conservatively so that the outward appearance of wearing make-up is lessened. • Ornaments, jewelry or similar accessories shall not be worn if they depict any association, individual, occupational group, religion, race, creed, color, nationality, or gender in any way, especially in a favorable or unfavorable light. Earrings should be small so that they do not pose an accident risk or create a safety hazard. • Fingernails should be worn at an acceptable business or active length to ensure safety and job-related efficiency. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) '., lie 5.0 PREVENTIVE MAINTENANCE 5.1 Vehicle Preventive Maintenance Requirements 5.1.1 County Owned Vehicles The Contractor shall operate an adequate number of vehicles in service at all times to efficiently provide the required service, allowing for a minimum 20% spare ratio for routine maintenance to be scheduled. The Contractor will establish a schedule for routine maintenance of vehicles as well as regular communications with Collier County staff and Scheduling Contractor to determine maintenance schedules, non-routing maintenance reporting and scheduling procedures, and acceptable timelines for vehicles in shop and out of service. A vehicle maintenance program is required to be coordinated with County staff and the Scheduling Contractor and must include at least schedules for preventive maintenance, safety inspections and vehicle repair records. The vehicles shall be maintained per the manufacturer's instructions and warranties. The Contractor agrees to use the vehicles in a careful and proper manner for the intended service only and to comply with all federal, state, local or other governmental laws, regulations, requirements and rules with respect to use, maintenance and operation of the vehicles. The vehicles shall not be operated beyond the limits established in the applicable policies of insurance as hereinafter set forth, and may only be used for the transportation of passengers or as requested by PTNE. Employees shall not utilize the vehicles for personal use. When necessary to break for lunch while utilizing support or paratransit vehicles, discretion and common sense must prevail. The Contractor shall establish a communication protocol with Collier County staff and the Scheduling Contractor for vehicle maintenance to identify vehicles which need preventive maintenance, and those which are in need of non-scheduled maintenance as identified through pre-trip and post-trip inspections of vehicles on a daily basis. The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any vehicle. The Contractor shall accomplish this by utilizing Zonar; the electronic pre and post-trip monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre-Trip Inspection report will be prepared each day for each vehicle, and completed by the driver to indicate that they checked the vehicle for body and mechanical defects prior to commence of the driver's first run of the day. A Post-Trip Inspection Sheet will be prepared at the completion of service each day. Daily records of pre-trip and post-trip inspections will be maintained by the Contractor, and provided to PTNE upon request. The wheelchair lift on each vehicle shall be cycled one complete cycle prior to departure for service each day. The Contractor shall ensure that no vehicle is placed into Service without having properly functioning onboard communication equipment and wheelchair lift. If a paratransit vehicle's air conditioning or heating is not functioning properly and if there are no other vehicles available, the passengers will be transported rather than canceling a trip. Passengers with health conditions affected by air condition or lack thereof will be notified if their vehicle's air conditioner is not working, and the passenger will be given an opportunity to decide whether or not to take the trip, with no late cancellation penalties. The Contractor shall perform daily vehicle inspections, maintain logs of daily service and schedule and report all service activities necessary to operate vehicles and equipment safely and efficiently. The Contractor shall develop, implement and maintain a written checklist of items included in the daily inspection and/or servicing of each vehicle. The checklist shall be computerized and kept on file for the County to review/access and maintained for five (5) years. Daily vehicle inspections and maintenance responsibilities shall include, but are not limited to: • Recording field usage and charting bus fuel use by vehicle; • Vehicle Climate Control; • Re-fueling of vehicles at the end of service; Exhibit I Agreement*15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit 11C • Scheduling regular vehicle service activities as follows: • Engine oil, coolant, transmission fluid and windshield washer service needs for County staff to complete; • Farebox vault pulling and replacement • Tire inspection (air pressure, tread depth, and wear) • Brake check; • Exterior and interior light operations; • Interior sweeping and dusting; • Exterior and interior visual inspection; • Identify unreported damage; • Intelligent Transportation System Operations; and • Required signage The Contractor shall be responsible for maintaining at a minimum the following reports in its file for all used in delivering services: • Daily inspection forms • Fuel usage • Oils, transmission fluids, and anti-freeze usage • Preventive Maintenance scheduled and unscheduled inspections & reports • Road call reports (service interruption) • Safety inspection reports • Scheduled and unscheduled maintenance 5.1.2 Non-County Owned Vehicles The Contractor shall operate an adequate number of vehicles in service at all times to efficiently provide the required service, allowing for a minimum 20% spare ratio for routine maintenance to be scheduled. The Contractor will establish a schedule for routine maintenance of vehicles as well as regular communications with Scheduling Contractor to determine maintenance schedules, non-routing maintenance reporting and scheduling procedures, and acceptable timelines for vehicles in shop and out of service. A vehicle maintenance program is required to be coordinated with County staff and the Scheduling Contractor and must include at least schedules for preventive maintenance, safety inspections and vehicle repair records. The vehicle maintenance program shall be submitted and approved by Collier County prior to October 1 for the initial contract. The maintenance program shall be updated on an annual basis and provided to the County by July 1st of each year. The vehicles shall be maintained per the manufacturer's instructions and warranties. The Contractor agrees to use the vehicles in a careful and proper manner for the intended service only and to comply with all federal, state, local or other governmental laws, regulations, requirements and rules with respect to use, maintenance and operation of the vehicles. The vehicles shall NOT utilize the Collier Area Transit logo outside of the vehicle. Any required Collier Area Transit/Paratransit required interior signage must be concealed when not operating on behalf of Collier County. The Contractor shall establish a communication protocol with Collier County staff and the Scheduling Contractor for vehicle maintenance to identify vehicles which need preventive maintenance, and those which are in need of non-scheduled maintenance as identified through pre-trip and post-trip inspections of vehicles on a daily basis. The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any vehicle. The Contractor shall accomplish this by utilizing Zonar; the electronic pre and post-trip monitoring system for vehicle maintenance inspections and reports. The Contractor shall be required to purchase, install and maintain Zonar for their vehicles. County staff and the Scheduling & Dispatch contractor shall have access to view all Zonar data. A Vehicle Pre-Trip Inspection Exhibit Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) r:::\-)] 11C report will be prepared each day for each vehicle, and completed by the driver to indicate that they checked the vehicle for body and mechanical defects prior to commence of the driver's first run of the day. A Post-Trip Inspection Sheet will be prepared at the completion of service each day. Daily records of pre-trip and post-trip inspections will be maintained by the Contractor, and provided to PINE upon request. The wheelchair lift on each vehicle shall be cycled one complete cycle prior to departure for service each day, if applicable. The Contractor shall ensure that no vehicle is placed into Service without having properly functioning onboard communication equipment and wheelchair lift. If a paratransit vehicle's air conditioning or heating is not functioning properly and if there are no other vehicles available, the passengers will be transported rather than canceling a trip. Passengers with health conditions affected by air condition or lack thereof will be notified if their vehicle's air conditioner is not working, and the passenger will be given an opportunity to decide whether or not to take the trip, with no late cancellation penalties. The Contractor shall perform daily vehicle inspections, maintain logs of daily service and schedule and report all service activities necessary to operate vehicles and equipment safely and efficiently. The Contractor shall develop, implement and maintain a written checklist of items included in the daily inspection and/or servicing of each vehicle. The checklist shall be computerized and kept on file for the County to review/access and maintained for five (5) years. Daily vehicle inspections and maintenance responsibilities shall include, but are not limited to: • Recording field usage and charting bus fuel use by vehicle; • Vehicle Climate Control; • Scheduling regular vehicle service activities as follows: • Tire inspection (air pressure, tread depth, and wear) • Brake check; • Exterior and interior light operations; • Interior sweeping and dusting; • Exterior and interior visual inspection; • Identify unreported damage; • Required signage The Contractor shall be responsible for maintaining at a minimum the following reports in its file for all vehicles used in delivering services: • Daily inspection forms • Fuel usage • Oils,transmission fluids, and anti-freeze usage • Preventive Maintenance scheduled and unscheduled inspections & reports • Road call reports (service interruption) • Safety inspection reports • Scheduled and unscheduled maintenance 5.2 Vehicle Cleaning (County & Non-County Owned Vehicles) Any vehicle not conforming to this provision is subject to removal from service prior to, during, or upon completion of the shift, until such time that PTNE's Transit Manager has determined that PTNE's standards are met. Failure to meet these requirements subjects the Contractor to assessment of liquidated damages. The Contractor shall ensure that all vehicles are clean. The Contractor shall be responsible for all labor and materials associated with this work. 5.2.1 Exterior Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) (0'43 11C At a minimum, all vehicles shall have exteriors washed and cleaned of all dirt, oil and accumulated grime, at least twice per week or as necessary to maintain a neat appearance. Only County-owned vehicles may be washed and cleaned on County premises. All vehicles shall be free of outer body damages (i.e. accident damage, paint damage, cracks, breaks, dings or dents, damaged or faded decals, cracked glass, etc.) that noticeably detract from the overall appearance of the vehicle. For County Owned vehicles, rubber or vinyl exterior components such as tires, bumper fascia, fender skirts and door edge guards shall be cleaned and treated with a preservative as necessary to maintain an attractive appearance and consistent with the bus wrap vendors maintenance suggestions. 5.2.2 Interior All interiors shall be cleaned of all dirt and trash at the end of each day's use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned twice per week or as necessary. All foreign matter such as gum, grease, dirt and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as necessary, but at least quarterly, and upholstery damage shall be scheduled for repair immediately upon discovery. The cost of upholstery repairs for County owned vehicles shall be the responsibility of the County. Buses shall be kept free of vermin and insects at all times. The Contractor shall be responsible for exterminating all vermin and inspects from all vehicles immediately upon their discovery, utilizing safe, non-hazardous and Environment Protection Administration (EPA)-approved insecticides/materials. All vehicles shall be free of interior damages (i.e. accident damage, cracks, breaks, damaged or faded decals, torn upholstery, damaged interior panels, cracked glass, etc.) that noticeably detract from the overall appearance of the vehicle. 5.3 Transfer Facilities, Administration &Operations Buildings The Contractor shall maintain transfer facilities and other facilities provided for their use in clean and neat conditions at all times. The Contractor shall maintain the facilities by removing trash, sweeping, vacuuming, mopping, pressure washing or cleaning windows in order to maintain an attractive appearance at all times. All facility repairs shall be reported to the PTNE Transit Manager for coordination with the County Facilities Management Department. All, passenger and employees health or safety repairs shall be reported directly to the Facility Management Department, with the PTNE Transit Manager notified as soon as possible thereafter. The Contractor shall provide a front of house employee at the main and secondary transfer stations to assist with the health, safety and security of the public. The Contractor shall be responsible for ensuring doors are secured each night. The Contractor shall be responsible for all labor and materials associated with this work. 5.4 Bus Stops, Shelters & Park& Ride Lots PTNE will purchase all signs, posts, benches, shelters, schedule holders and trash receptacles for CAT fixed route bus stops and facilities. The Contractor shall be responsible for the labor and equipment necessary for the installation of all bus stop signs, posts and schedule holders in accordance with Municipal Uniform Traffic Control Devices (MUTCD) Manual and ADA requirements. The Contractor shall be responsible for the removal of any damaged signs, posts, benches, shelters, bike racks and trash receptacles as directed by PTNE. The Contractor shall be responsible for the labor, equipment and materials for the following items related to Bus Stops, Shelters & Park& Ride lots including, but not limited to: • Monitor all bus stops, shelters and transit amenities on a regular basis (weekly at a minimum), document and rectify any maintenance issues. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11c • Trash removal from bus stops at least every other day or more frequent if necessary; • As schedule modifications occur, replace the schedule holder signs with PTNE provided laminated schedules and time points. • Develop a maintenance program, which must be approved by PTNE which meets the following minimum standards: o The Contractor's supervisors and bus operators may be utilized as a monitoring resource for bus stop maintenance. Customer comments and requests will also provide information related to the bus stop maintenance requirements. o The Contractor shall clean and maintain the improvements and grounds at all bus stop sign, bench, and shelter locations to include, but not limited to: trash removal (2X per week), pressure cleaning of shelters and amenities, at least once annually or as needed. o Graffiti removal, paint touch-up, general cleaning, etc. as needed. o Hazardous conditions such as damaged facilities will be responded to by the Contractor as quickly as possible, but not more than 24 hours from the time when the Contractor was made aware of the damage. o Complete an annual report of existing stop locations and identify potential improvements based upon ridership criteria identified by PTNE. The Contractor shall be responsible for developing procedures in coordination with PTNE for the evaluation of requests for additional stops, routes and making recommendations to PTNE on stop and route additions, removals and relocations. The procedures and recommendations should be based on ADA, safety, route schedule and community considerations. The Contractor shall be responsible for submitting recommendations along with supporting documentation for any requested stop or route changes to PTNE for their review and approval. The Contractor shall submit a quarterly summary of stop requests, evaluations of requests for changes and other information related to stop changes. The Contractor shall be responsible for labor used in the performance of this work. 6.0 Property,Office Space, Computers &Equipment The Contractor is responsible for the preparation and administration of all documentation associated with operation of the fixed route and paratransit services. The Contractor shall be fully responsible for all PTNE provided or furnished inventory/property, and equipment. All assets (capital or non-capital) of Collier County are and will remain the property of Collier County. The Contractor shall appoint a property custodian and a backup property custodian responsible for all Collier County provided inventory or property. The Contractor shall assist PTNE personnel during physical inventory of the property. The Contractor shall be responsible for all costs for any and all improvements made solely for the Contractor's benefit which at a minimum shall include construction, permits, license, etc. The Contractor shall verbally report all damage on all PTNE provided or furnished inventory, property and/or equipment to the PTNE Transit Manager at the time the damage occurs, followed by a written report within 24 hours of each and every occurrence. The report shall contain a full explanation of all of the facts surrounding the damage. The Contractor shall secure and protect all inventory, property and/or equipment and shall replace any equipment lost, stolen or abused with PTNE approved replacements. The PTNE project manager will review all damage and make a determination as to the cost and responsibility for repairs. All damages determined by PTNE to Exhibit I Agreement*15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) ,�—� 11C be the responsibility of the Contractor shall be repaired or replaced at the expense of the Contractor. PTNE will be responsible for purchasing office equipment and cost for equipment repair in meeting system and administration responsibilities. PTNE shall provide and pay for the following utilities: electric, water and sewer and local telephone. The Contractor shall be required to reimburse PTNE for all long distance phone calls. Employees who require long distance access will receive an individual pin code, which will be tracked for billing purposes. The Contractor shall be responsible for the day to day costs associated with performing these functions, including, but not limited to: printing supplies, daily office inventory supply items, etc. 6.1 Office Space& Common Area The County shall provide 1 cubicle at the Transfer Station located at Parking Garage 2 on the Collier County Government Campus. The County shall provide 7 spaces to accommodate general manager, administrative assistant, fixed route operations manager, paratransit operations manager, safety & training manager and road supervisor(s) at 8300 Radio Road. A driver's lounge area is located at 8300 Radio Road and is available for use by the drivers. Furthermore, there shall be access to two conference rooms (scheduled on a first come, first serve basis) and a common break room. 6.2 Computers & Equipment All CAT& CAP business shall be transacted via Collier County email and saved on the Collier County provided networks. No employee shall have any expectation of privacy for any item that is produced, transmitted, saved, etc. utilizing County resources. Computers and related operating equipment are located at the following sites: 6.2.1 Transfer Station located at Parking Garage 2 — one computer to be connected to the Collier County network will be provided. Access to a shared printer (black and white) is also available. Limited copying services may be available at this location. 6.2.2 Radio Road Administration & Operations Building —7 computers to be connected to the Collier County network will be provided. 2 computers to be connected to the Avail network will be provided. Access to various shared printers and copier shall be available. 6.2.3 Handheld Radios — 16 of hand held radios shall be available for management use. The Contractor shall be responsible for all PTNE provided communication equipment once issued to the Contractor. The Contractor shall keep accurate documentation on the status of each piece of communication equipment complete with serial numbers, and Collier County asset numbers. 6.2.4 Support Vehicles—7 support vehicles will be provided to the Contractor. 7.0 PTNE Quality Assurance Collier County PTNE & Fleet management shall have unrestricted and immediate access to all vehicles and maintenance records at all times. Collier County PTNE & Fleet management, at its sole discretion, reserves the right to remove from service any vehicle that is deemed unsafe, including those that have not received scheduled PM inspections. The Contractor shall be subject to the assessment of liquidated damages for any vehicles removed from service. County oversight is not a substitute for the Contractor's QA responsibilities. The Contractor is fully responsible for the safety and QA of all vehicles for all services provided. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Par(OPE it Program 11c 8.0 Towing In the event that towing of any vehicle is required due to mechanical failure, damage, etc., the Contractor shall be responsible to arrange such towing, through a company selected by the County. Towing costs for all vehicles will be paid for by the Contractor. 9.0 Accidents/Incidents 9.1 The Contract shall develop procedures to investigate, develop and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guideline provision or equipment maintenance or technical correction required, together with a follow-up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the U.S. Department of Transportation. 9.2 The Contractor shall be responsible for all costs associated with physical damage to the County owned vehicles, including collision and comprehensive coverage, each equal to the depreciated value of all vehicles including the buses, vans and non-revenue vehicles operated by the Contractor. The Contractor shall be responsible for all damages falling below the deductible. The County shall not be responsible for physical damage costs associated with non-County owned vehicles. 9.3 All damage must be repaired prior to returning any vehicle to service. Minor scratches, minor dings and dents may be repaired during scheduled maintenance activity, but obvious damage shall be repaired prior to the vehicle entering revenue service. Under no circumstances shall vehicles be permitted to operate in revenue service with missing panels, unpainted repairs or primer paint showing. All vehicles involved in an accident or incident shall be shall be inspected and approved by PTNE's Transit Manager or designee prior to the vehicle being returned to revenue service. The Contractor shall report to PTNE, in writing, all accidents and incidents regarding Collier County furnished vehicles, facilities or Contractor furnished equipment or vehicles, regardless of service status to the PTNE Transit Manager as follows: 9.3.1 The Contractor shall immediately report any unusual occurrence or conflict with a rider or other person(s). 9.3.2 The Contractor shall notify PTNE of every accident or incident immediately, but no more than two hours after the occurrence. 9.3.3 The Contractor shall provide written documentation for any vehicle accident or incident. The County shall receive written copies of incident and accident reports within 24 hours of occurrence. The Contractor shall provide a full report inclusive of photos and policy report within seven calendar days of the accident/incident. Failure to provide the notification/reports within the timeframe allotted shall result in liquidated damages. 9.4 The Contractor shall not operate any vehicle in revenue service with missing or broken glass, to include windshields, door glass, driver's windows, and all side windows. All exterior lamp lenses shall be attached to the vehicle during service. 10.0 COLLECTION OF FARES All operating revenues collected by the Contractor are the property of Collier County, including but not limited to farebox receipts, ticket and pass sales revenue, advertising revenue and rental Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program -f (OPERATIONS) Jl 11C fees. Fixed route vehicles shall be vaulted on a daily basis at the end of revenue service. Paratransit fares (tickets, cash or checks) shall be validated and turned in at the end of each shift. The selected vendor will be expected to collect the required fare at the time of boarding. If the passenger refuses to pay his/her fare the passenger will not be transported. If it is found that the selected vendor is allowing passengers to ride without paying the required fare, the outstanding fares will be deducted from the amount of the next invoice. For paratransit service, where the passenger paid for the first leg of the trip but refuses to pay for the return trip, the operator should be instructed to transport the passenger home but must advise the passenger that he/she will not be eligible for the future transportation until the outstanding fare is paid. Paratransit passengers may: • Pay the fare with exact change, tickets or check on each ride. • Pay the fare with exact change, tickets or check for both ways on their first ride. • Purchase tickets for the value of the passengers co-pay in advance at CAT Operations facility 8300 Radio Rd Naples FL or at Collier Area Transit Transfer Station at the Government Center 11.0 LICENSES. PERMITS AND WORK 11.1 Licenses and Permits All work performed by the Contractor must fully comply with all federal, state and local licensing and permit requirements. The Contractor is responsible for obtaining and maintaining all appropriate licenses and permits needed to fulfill the terms of the Contract. This includes all licenses and permits required to install, maintain and operate equipment within the facility, as well as the licensing of all personnel employed or hired by the Contractor to perform maintenance and repairs services under this Contract. The Contractor shall not be limited to the local, state and federal rules and regulations stated in this Scope of Services. Collier County shall not be held liable in any way for the Contractor's failure to obtain and/or hold any relevant licenses or permits. 11.2 Contractor's Responsibility The Contractor is responsible for all supplies, equipment, work and services associated with this Contract. Collier County assumes no liability for work plans approved by PTNE. Any and all violations of federal, state or local license or permit requirements caused by the Contractor or its personnel are the responsibility of the Contractor. The Contractor shall advise the PTNE Transit Manager immediately by telephone of any violation notices received from federal, state or local agencies. A written report shall be submitted within twenty-four (24) hours to PTNE's Project Manager. 12.0 SAFETY PROGRAM The Contractor shall participate in tabletop, emergency preparedness training exercises as requested by PTNE. The Contractor is considered essential personnel and shall be available upon request for evacuation and transportation for any emergency event 24/7. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) {`: < 11c 12.1 Personal Protective Equipment The Contractor is fully responsible for all aspects of the safety and health of personnel hired to perform under this Contract. The Contractor shall furnish and enforce the use of individual personal protective equipment (PPE) as needed to complete work being performed in hazardous locations, including the streets when personnel are investigating vehicular accidents. PPE shall include, but not be limited to, hard hats, rain gear, protective foot wear, protective clothing and gloves, eye protection, ear protection, chemical resistant gloves, respirators, safety belts, safety harnesses, safety lifelines and lanyards, and high visibility reflective safety vests as necessary. The Contractor shall provide warning signs, barricades and verbal warnings as required. The Contractor shall provide all employees including but not limited to Drivers and mechanics, safety training to include special training prior to working with hazardous materials or operations. The Contractor shall document all training and provide written reports of the training to PTNE when requested. 12.2 Safety The Contractor shall assume full responsibility for ensuring the safety of patrons, Contractor's personnel, and PTNE-provided vehicles and equipment. The Contractor shall develop, implement and maintain PTNE-approved System Safety Program Plan (SSPP) and the System Security Emergency Preparedness Plan (SSEPP) that complies with APTA (American Public Transit Association) guidelines and Chapter 14-90, Florida Administrative Code (FAC). PTNE will provide oversight, with periodic monitoring of the Contractor to confirm compliance with the approved System Safety Plan. Safety management programs shall include, but not be limited to, accident prevention, accident investigation, retraining guidelines and procedures, criteria for determining preventability of accidents, schedules and agendas for internal safety meetings that reinforce the importance of safety and participation of the Contractor's staff in safety -related organizations. A copy of the Contractor's Safety Management Program shall be submitted to PTNE's Transit Manager for review and/or approval prior to commencement of the Contract. 13.0 EMERGENCIES 13.1 Emergency Programs The Contractor shall develop, implement, and maintain business continuance plans to respond to emergencies and other problems that may occur. Occurrences include, but are not limited to: passenger injuries, disturbances, or illness; vehicle failures; inclement weather and accidents; and emerging health threats or homeland security advisory alerts. The Contractor's written plan shall include a facility back-up plan, in case the PTNE facility becomes inaccessible during inclement weather and/or accidents or any other occurrences. The Contractor's emergency plan should also allow for a temporary facility to house displacement for vehicles. PTNE reserves the right to approve all Contractor emergency programs and plans. The Contractor shall inform its employees of emergency procedures to be followed in case of fire, medical emergency, or any other life-threatening catastrophe. PTNE has established a Continuity of Operations Plan (COOP) and the Contractor shall be asked to provide responsible key personnel at Collier County's central control location in the event of a hurricane and/or storm emergency. The Contractor's key personnel, safety sensitive and non- safety sensitive personnel may be asked to volunteer during a hurricane and/or storm emergency. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) (< 11C 14.0 PUBLIC SAFETY 14.1 Contractor's Responsibility PTNE strives to provide safe, secure and reliable transportation service to its passengers while minimizing vandalism and property destruction to vehicles, property and facilities. It is the responsibility of the Contractor to support PTNE's efforts to provide services in the most secure manner possible. PTNE works closely in partnership with local, state and federal agencies to achieve and maintain maximum system security. The Contractor shall cooperate with Collier County's personnel in all matters of security as requested by PTNE in response to local, state or national alerts, conditions or changes as dictated by the U.S. "Homeland Security Advisory System" or any other mandates/advisories received by PTNE. Law Enforcement Officers respond to emergency and non-emergency transit—related calls for service throughout the CAT & CAP Service area. The Contractor shall report all security and safety related incidents and accidents involving personnel and vehicles. 15.0 CUSTOMER ADMINISTRATION 15.1 Customer Comments The Contractor shall be responsible for changing procedures, retraining personnel and reassigning personnel as necessary to correct any service issues. A copy of every customer comment and incident report shall be kept in each employee file. 15.2 Lost and Found The Contractor shall follow PTNE's"Lost and Found" procedures. The Contractor shall develop a "Lost and Found" Database to record all pertinent information. This shall also include monitoring bicycles at facilities to determine if they have been abandoned consistent with PTNE's policy. Failure to properly process "Lost and Found" recovered items in a timely manner shall lead to assessment of liquidated damages. 15.3 Media Plan The Contractor shall provide and maintain a media plan for PTNE's approval prior to Contract commencement. The plan shall address media contact in person or by other communications to any and/or all of the Contractor's employees, agents, operators, or any other person(s) acting under its control or direction in the performance of services pursuant to this contract. 16.0 CONTINUITY OF SERVICES 16.1 Contractor's Responsibility The Contractor recognizes that the CAT & CAP Services under this Contract are vital to Collier County and must be continued without interruption and that upon Contract expiration, a successor, may continue them. The Contractor agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. The Contractor shall make available necessary personnel records and allow the successor to conduct onsite interviews and/or testing with these employees. If selected employees are agreeable to the changes, the Contractor shall release them on a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) ) 11C Should employees being transferred be required to undergo training, the Contractor shall work with the successor to schedule agreeable dates and times when employees will be allowed to attend training sessions. 17.0 DRUG &ALCOHOL TESTING PROGRAM The Contractor shall administer a Drug and Alcohol (D&A) Program which meets all of the Federal, State and local requirements. CAT & CAP is required to perform D&A testing in accordance with United States Department of Transportation and Federal Transit Administration regulations. The Contractor will be required to perform D&A testing in accordance with Collier County's Risk Management policies as well as US DOT and FTA requirements. The Contractor shall have a Substance Abuse Testing Program in place which meets all the criteria of the US DOT, the FTA and Collier County. The Contractor shall be required to incorporate these requirements into their program. The Contractor agrees to produce documentation necessary to establish its compliance with all applicable regulations and to permit any authorized representative of the US DOT or its operating administrations, the Florida Department of Transportation or Collier County to inspect facilities and records associated with the implementation of the D&A testing program. Documentation of test results will be maintained in personnel files by the Contract and shall be made readily available for inspection by Collier County. The Contract shall send a monthly compliance letter to the PTNE Transit Manager as proof of compliance with the program. Failure to provide shall constitute the assessment of liquidated damages. 18.0 EQUAL EMPLOYMENT OPPORTUNITY(EEO)/AFFIRMATIVE ACTION PROGRAM The Contractor must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, State and County policies. The Contractor shall prepare an EEO program that complies with FTA regulations and submit it to PTNE by January 15th of each year. The Contractor shall update the program as needed but no less than annually and submit it to PTNE. 19.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REPORTS The CAT/CAP Disadvantaged Business Enterprise (DBE) program provides guidance on the use of overall and contract goals, requirement to include DBE provision in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. PTNE shall be responsible for submission of all reports for the DBE Program. The Contractor will be responsible for submitting required forms as provided by PTNE to ensure DBE compliance. 20.0 PLANNING & MEETINGS The Contractor is responsible for providing recommendation related to service in coordination with the Scheduling/Customer Service Contractor. This shall include but it not limited to: bus routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, assist PTNE staff in the preparation of all planning documents, cost estimates and other such activities relative to overall system administration. The Contractor in coordination with the Scheduling/Customer Service Contractor shall be responsible for identifying upcoming funding needs for the system and providing recommendations for pursuing federal, state and local grants on a quarterly basis. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C The Contractor will be required to maintain service information necessary for all FTA review, including all FTA Triennial Review information. Service information pertaining to the Triennial review must be maintained in a paper and electronic filing system sorted by the general areas of review as shown in the FTA Triennial Review Workbook. The Contractor will be required to maintain service information necessary for all NTD review, including NTD Monthly &Annual Reporting as well as required sampling. Upon request of PTNE, the Contractor shall at its own expense attend meetings to provide information concerning the transit system including but not limited to Local Coordinating Board, Public Transit Ad-Hoc Advisory Committee, Board of County Commissioners, or as otherwise requested by PTNE. The Contractor shall assist PTNE, as needed, in the coordination and promotion of public meetings. This will include coordinating with PTNE staff as requested in the preparation of public meetings, attendance to public meetings and assistance in preparing and posting notifications of meetings at bus stops, park and rides and transfer centers. The General Manager representing the Contractor and the PTNE Director and Transit Manager representing the County shall meet bi-weekly to discuss services. The Contractor shall develop the bi-weekly agenda in coordination with PTNE. 21.0 SCHEDULE DISTRIBUTION The Contractor shall be responsible for the distribution of schedules at various locations around the County. The locations shall be approved by PTNE in advance. Furthermore, the Contractor is responsible for maintaining an inventory of schedules and providing the County with sufficient notice for preparing and printing these items. 22.0 CONTRACT COMPLIANCE &REPORTING Timely and accurate reports and records will be submitted to PTNE. PTNE views statistical reporting as a critical element of effective service planning, service quality evaluation, and policy development. It is, therefore, deemed important that the Contractor assign staff with the qualifications and time to edit files, create and evaluate reports. The following guidelines are provided as basic information regarding the nature of reports that will be required during the course of this contract. PTNE from time to time may require changes in forms, record keeping and/or reporting procedures to serve the needs of the agency. 22.1 Reporting The following reports shall be completed on a daily basis and maintained on file for inspection: • Daily pre-trip and post-trip inspection forms • Fuel usage • Oils, transmission fluids, and anti-freeze usage • Preventive Maintenance scheduled and unscheduled inspections& reports • Road call reports (service interruption) • Safety inspection reports • Scheduled and unscheduled maintenance Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 0 11C The following reports shall be due to the PTNE Transit Manager daily by 9 a.m. in coordination with the Scheduling and Dispatch Contractor: • Fleet status report • Fuel reports • Total number of buses (in service) with inoperable wheelchair lifts identified by vehicle number. • Farebox problem, tampering, vandalism, etc. by bus number. • Number of deviations by bus and run (for prior day) The following reports shall be due to the PTNE Transit Manager as necessary in coordination with the Scheduling & Dispatch Contractor: • Accident • Incidents • Facility Damages/Lost/Stolen • Equipment Damages/Lost/Stolen • Early or Late Service • Service Interruptions/delays • Missed trips • MDT, silent alarm and/or radio downtime The following reports shall be due to the PTNE Transit Manager as necessary: • Backup Staffing Plan • Employee New Hire/Changes o E-Verify o Training Verification o Badge Access Agreement o Computer Use Agreement o Key Agreement The following reports shall be due to the PTNE Transit Manager monthly by the 15th of each month(covering the month prior): • Invoice o Inclusive of all grant backup materials. • Safety Report — Summary of all accidents and incidents (preventable & non- preventable) including: o One location map showing all incidents & accidents (Location map must delineate each incident as a County-owned vehicle and non County-owned vehicle. o Injuries o Recommendations to improve safety • Training Report including documentation, certifications and upcoming safety programs • Ride Check Summary Report • Employee Information (including trainees) o Include employee positions by department and classification o Training Validation Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) (r lic o Background Checks o Motor Vehicle Reports o Position Vacancies o Required Positions • Compliance Letter related to administration of the D&A Program • Summary Report for drug and alcohol screening results for all safety sensitive positions, including time and date testing was completed. o Pre-employment o Post Accident o Random o Reasonable Suspicion o Return to Duty • Total supervisor hours driving routes. • Fixed Route Operations to include: o Road calls • Major and minor mechanical failures (by bus number and run number) • Total miles between failures • Route Information in coordination with Customer Service/Scheduling Contractor including: o On time performance o Passengers o Passenger trips (Total Weekday, Total Saturday, Total Sunday) o Revenue o Miles (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Hours (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Passengers (Per Mile& Per Hour) o Revenue (Per Mile& Per Hour) o Daily Information in coordination with Customer Service/Scheduling Contractor including: • Total Revenue Hours • Total Deadhead Miles o Bus Stop Conditions including repairs o Information Necessary to Complete the Monthly NTD Reports • Paratransit Operation to include: o Road calls • Major and minor mechanical failures (by bus number and run number) • Total miles between failures o The Following items shall be provided in coordination with Customer Service/Scheduling contractor, 3 separate reports shall be provided, the first shall be for County-owned vehicles, the second shall reflect non County-owned vehicles and the third report shall combine the statistics for all vehicles: o #of Days of Service o Passenger trips (Total Weekday—ambulatory&wheelchair, Total Saturday — ambulatory &wheelchair, Total Sunday—ambulatory &wheelchair) (One Way, Total Guest, Total Escort) o Revenue o Miles (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Hours (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) Exhibit I Agreement#15.6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11c o Passengers (Per Mile & Per Hour) o Revenue (Per Mile & Per Hour) o Cancels o No Shows o Fares Collected o Ticket Sales o % of Cancelled trips to the total#of trips o % of No Shows of Total#of trips o On-time performance o No Show/Late Cancellation Suspensions broken out by 1St offense, 2nd offense, 7, 14& 30 day suspensions. o Information Necessary to Complete the Monthly NTD Reports The following reports shall be due to the PTNE Transit Manager quarterly by the 15th of each January, April, July &October(covering the prior quarter): • Bus Stop Conditions including pressure washing schedule • Bus Stop Request Evaluation • Upholstery Steam Cleaning Certification for all vehicles • Upcoming Federal, State or Local Grant Opportunities • Active Driver Roster Including: o Driver's Name o Address o Date of Birth o Date of Hire o Driver's License Number o Expiration Date o Training Dates o Latest D&A test o Background Check Review Date o Motor Vehicle Record Review Date • Active employee list The following reports shall be due to the PTNE Transit Manager annually as noted below in coordination with the Scheduling & Dispatch Contractor: • NTD Report (By December 15 — covering the prior fiscal year — October through September) • Annual Operating Report (By August 1 — covering the prior State fiscal year — July through June) • Annual Safety Certification (By January 15 — covering the prior calendar year — January through December) • MIS Report (By February 15 — covering the prior calendar year — January through December) • Vehicle Maintenance Program—due by July 1 of each year • Annual update of the SSPP—due by November 1 of each year • Annual update of the SSEPP—due by November 1 of each year • EEO Program—due by January 15th of each year 22.2 Reporting and Data Collection The contractor shall be responsible for ensuring that all data is captured and stored for the term of the contract and throughout any transition period. The data must be kept in a format Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) CAU acceptable to PTNE. It is the contractor's sole responsibility PTNE ensure advance compliance of the and conformance. All data systems must be reviewed and approvedby tart of the contract. 23.0 CONTRACT TERMINATION OR CONCLUSION 23.1 Contractor's Responsibility At the conclusion of the Contract, the Contractor shall work with the incumbent Contractor, PTNE and/or a third party Contractor to achieve an efficient and non-distributive transition of all services, including but not limited to administration, personnel, Subcontractors, vehicles, supplies and equipment. The outgoing Contractor shall behave in a professional and courteous manner throughout the transition period. The outgoing Contractor shall cooperate and make any and all 1) PTNE-furnished inventory, property and equipment available for inspection, and 2) work up to the last service pull-in on the date of the Contract conclusion or termination. The outgoing Contractor shall risk loss of payment for the last month of performance for any act of lack of cooperation, neglect, vandalism or recklessness, and may be assessed any costs incurred by PTNE or the incoming Contractor for returning any PTNE owned-furnished property or assets back to original working condition, to include repairs and replacement. PTNE has sole discretion for determining assessment charges. 24.0 ADDITIONAL TERMS The Contractor has agreed to provide the following: 1) Contractor's staff shall be required to attend conflict resolution training for public interactions as approved by PTNE management. 2) Training options proposed for Window Dispatchers will be coordinated with PTNE staff and shall include the Scheduling and Dispatch vendor staff when appropriate. 3) Any changes in the proposed organizational chart and staffing structure cannot be made without prior approval in writing to PTNE Director. 4) The County shall be provided access upon request to monitor or review the systems and users. 5) To avoid any conflicts, personnel shall not be shared between the Operations and the Scheduling and Dispatch firms. 6) Reduce staff: 1.5 window dispatcher salaries plus one of the 2 front of the house employee salaries. This approach will net the saving of one of the front of the house employees as a saving for Collier (this assumption is based on the Operations Contractor handing out and collecting all driver manifests and paratransit funds for all drivers as discussed). 7) Reduced training hours for Utility Workers from 20 to 10. 8) Reduced outside corporate Trainers hours from 160 to 120. 9) PTNE accepts the staffing model the Contractor is recommending to allow the General Manager and a second level manager Operations Manager or Assistant General Manager Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C in lieu of the requested model of a GM with separate managers for the Fixed Route and Paratransit system. If Contractor's model does not provide the services required and the performance expected (outlined in the solicitation) within six (6) months of operations, then Contractor and PTNE will work cooperatively to re-organize staffing as necessary. 10) In addition, to assist PTNE reduce the Scheduling and Dispatch annual cost, the S&D Contractor will be permitted to utilize Contractor's Transit Miner reporting software. The following are items are also included: X Smart Alert Messenger(SAM) reporting Software X Timepoint Software X DriveCam Software X The bus.mobi X Where's my bus text* Fixed-Route Only X Mobileye collision avoidance system X Daily safety messages X All meetings and conference calls must begin with a safety message X Safety meetings monthly, at least one hour, mandatory by all employees X Safety Inspections performed monthly X Safety Audits- semi annually X Facility audits—annually X Semi-Annual Shop Audit(where contractor vehicles are maintained). X* Employee Incentives: i. Safety Bonus for all employees not just full time and not limited to just drivers, but also management/road supervisors and office staff, etc. *Our pricing does not include management team, office staff or supervision. We would be willing to discuss the cost of including all staff. ii. The Katherine McClary Operator Award iii. Safety Pins and Patches X Employee Items iv. All existing employees seniority will be recognized. v. The existing CBA terms are the least amount that the employee will receive. vi. All existing employees who require a CDL and wish to obtain one will be provided the required training. MV will pay for all training, physical and licensing costs on behalf of the employee. X vii. Continued education. X viii. 401k -6% match X Emergency Action Plan X Hurricane Preparedness Plan X Bloodborne Pathogen Exposure Control Plan X Fire Prevention Plan X Hearing Conservation Program X Hazardous Communication Plan X Illness Prevention Plan X Heat Illness Prevention Plan X Lockout Tagout Control of Hazardous Energy Program X On Board Accident Kits (must be on all vehicles) X Secret Rider Program Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) f, ` 11C APPENDIX 1 PERFORMANCE STANDARDS In order to ensure a high standard of performance, services provided by the Contractor are to be operated in a manner that maximizes productivity without negatively impacting service quality for CAT & CAP patrons. To assure quality and a high level of customer satisfaction, all performance standards shall be reviewed on an on-going basis and are subject to change as CAT & CAP's needs change. If performance standards set forth below are changed by PTNE, the Contractor's performance standards will be immediately changed to meet the new performance standards, upon notice by PTNE to the Contractor. PTNE will review each performance factor and reward high achievement (incentives) or make deductions for substandard performance (disincentives). Review periods are every six months (October 1 through March 31 &April 1 through September 30). Cash payments or deductions shall be calculated on the Net Contract Amount Paid to the Contractor for Service Operated for the corresponding review period. All incentives achieved or incentive payments the Contractor receives from Collier County shall be distributed 100% among the Contractor's drivers, starters, safety supervisors and other non-key personnel who directly contributed to the operations success of the Contract during the review period being evaluated. In order to be included in the incentive payments, the employee must be on the payroll the date the payments are distributed. PTNE may require documentation to ensure that all incentives are distributed according to the Contract. The following performance standards establish a range of performance that provides quality service delivery to CAT patrons. The Contractor shall attain the following performance standards: 1.0 Accidents per 100,000 Revenue Miles are defined as a transit incident resulting in a fatality or passenger injuring requiring medical transport or involve a non-arson fire and/or a collision between a revenue vehicle and an object such that the amount of all damage exceeds $1,000. As the PINE definition changes, so will the contract definition. The following outlines the incentives or disincentives for Accidents per 1000,000 Revenue Miles performance range: Accidents/100,000 Revenue performance Indicators Incentive/ Miles <Disincentive> 15%above Goal 1.02 or less $1,000 10%above Goal 1.01 —1.08 $500 5%above Goal 1.09—1.14 $250 PTNE Goal FILL IN GOAL 1.15—1.25 None Up to 5%below Goal 1.26—1.31 <-$250> Up to 10%below Goal 1.32—1.32 <-$500> 11%below Goal 1.33 and above <-$1,000> 2.0 Total # of passenger trips per revenue vehicle hour. The following outlines the incentives or disincentives for total#of passenger trips per revenue vehicle hour systemwide: Total Passenger trips per performance Indicators Incentive! revenue vehicle hour <Disincentive> 15%above Goal 19.55 and above $1,000 10%above Goal 18.7—19.54 $500 5%above Goal 17.85—18.6 $250 PINE Goal-17.0 16.16—17.84 None Up to 5%below Goal 15.4-16.15 <-$250> Up to 10%below Goal 15.14—15.3 <-$500> 11%below Goal 15.13 or below <-$1,000> Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) (. �, 11C 3.0 On-time Performance is defined as the percentage of time that the vehicle departs no earlier than and no more than 5 minutes after the published departure times as shown in the AVAIL schedule adherence report. Incentives and disincentive shall be assessed per route. The following outlines the incentives and disincentive for on-time performance per route: On-Time Performance Per Route Performance Indicators Incentive/ <Disincentive> 3%above Goal Above 97.85 $1,000 2%above Goal 96.9-97.84 $500 1%above Goal 95.95-96.8 $250 PTNE Goal 95% 94.06-95.94 None Up to 1%below Goal 93.2-94.05 <-$250> Up to 2%below Goal 92.16-93.1 <-$500> 3%below Goal 92.15 or below <-$1,000> 4.0 Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report. The response categories are very poor(1), poor(2), fair(3), good (4) and very good (5). The following outlines the incentives and disincentive for customer satisfaction: Semi-Annual Customer Incentive/ Satisfaction Performance Indicators <Disincentive> 15%above Goal Above 4.6 $1,000 10%above Goal 4.4-4.5 $500 5%above Goal 4.2-4.3 $250 PINE Goal 4.0 3.9-4.1 None Up to 5%below Goal 3.7-3.8 <-$250> Up to 10%below Goal 3.57-3.6 <-$500> 11%below Goal 3.56 or below <-$1,000> The following performance standards establish a range of performance that provides quality service delivery to CAP patrons. The Contractor shall attain the following performance standards: 5.0 Accidents per 100.000 Revenue Miles are defined as a transit incident resulting in a fatality or passenger injuring requiring medical transport or involve a non-arson fire and/or a collision between a revenue vehicle and an object such that the amount of all damage exceeds $1,000. As the PTNE definition changes, so will the contract definition. The following outlines the incentives or disincentives for Accidents per 100,000 Revenue Miles performance range: Accidents/100,000 Revenue Performance indicators Incentive/<Disincentive> Miles 15%above Goal 1.02 or less $1,000 10%above Goal 1.01 -1.08 $500 5%above Goal 1.09-1.14 $250 PTNE Goal 1.2 1.15-1.25 None Up to 5%below Goal 1.26-1.31 <-$250> Up to 10%below Goal 1.32-1.32 <-$500> 11%below Goal 1.33 and above <-$1,000> 6.0 Total# of passenger complaints per 1,000 revenue miles are defined as complaints including but are not limited to discourtesy, rudeness, eating, drinking, improperly secured patron, improperly operated lift, unscheduled stops, pass ups, getting lost and/or any other negative behavior as reported to PTNE. The following outlines the incentives or disincentives for # of passenger complaints per 1,000 revenue miles: Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) Q/, lie Passenger Complaints per Performance Indicators Incentive/<Disincentive> 1,000 revenue 15%above Goal 1.7 or less $1,000 10%above Goal 1.71 -1.8 $500 5%above Goal 1.81 -1.9 $250 PTNE Goal 2 1.91 -2.0 None Up to 5%below Goal 2.1 -2.19 <-$250> Up to 10%below Goal 2.2-2.21 <-$500> 11%below Goal 2.22 and above <-$1,000> 7.0 On-time Performance is defined as the percentage of time that the completed drop off trip is no more than 0 minutes late vehicle as shown in the schedule adherence report. The following outlines the incentives and disincentive for on-time performance: On-Time Performance Performance Indicators Incentive/<Disincentive> 3%above Goal Above 97.85 $1,000 2%above Goal 96.9-97.84 $500 1%above Goal 95.95-96.8 $250 PTNE Goal 95% 94.06-95.94 None Up to 1%below Goal 93.2-94.05 <-$250> Up to 2%below Goal 92.16-93.1 <-$500> 3%below Goal 92.15 or below <-$1,000> 8.0 Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report. The response categories are very poor (1), poor(2), fair(3), good (4) and very good (5). The following outlines the incentives and disincentive for customer satisfaction: Semi-Annual Customer Performance Indicators Incentive/<Disincentive> Satisfaction 15%above Goal Above 4.6 $1,000 10%above Goal 4.4-4.5 $500 5%above Goal 4.2-4.3 $250 PTNE Goal 4.0 3.9-4.1 None Up to 5%below Goal 3.7-3.8 <-$250> Up to 10%below Goal 3.57-3.6 <-$500> 11%below Goal 3.56 or below <-$1,000> Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C APPENDIX 2 LIQUIDATED DAMAGES Liquidated damages will be assessed for Contractor deficiencies specified herein. Liquidated Damages are not punitive but intended to recover Collier County's cost for the Contractor's deficiencies, lost service or additional work by PTNE for service delivery to the patron. PTNE will consider extenuating circumstances in assessing damages. The Contractor has the ability to control liquidated damages through well trained drivers, re-fresher training, and effective communications with staff. Liquidated damages shall be deducted from any monies due, or which may thereafter become due, to the Contractor under this Contract. Liquidated damages will not be assessed for the above described occurrences arising from causes beyond the control of Contractor as determined by PTNE. In the event the Contractor fails to comply with the following standards, PINE shall assess liquidated damages as follows: Requirements Liquidated Damage Amount Contractor must submit complete and accurate reports by the PTNE $100.00 for each calendar day late for the established due dates. monthly and/or quarterly reports $500.00 for each calendar day late after the pre-established date for the yearly report. The Contractor shall notify PTNE of every accident or incident $100.00 for each hour beyond the initial 2 hour immediately, but no more than two hours after the occurrence. The window for notification, Contractor shall submit information accurately and complete. The Contractor shall provide written documentation for any vehicle $250.00 for each calendar day late after the accident or incident. The County shall receive written copies of pre-established timeframe for a report and full incident and accident reports within 24 hours of occurrence. The report inclusive of photos. Contractor shall provide a full report inclusive of photos and police report within seven calendar days of the accident/incident. The Contractor shall submit reports accurately and complete. The Contractor shall be required to develop and administer EEO, Liquidated damages shall be assessed on a Title VI, & Drug and Alcohol policies and programs consistent with daily basis from the date of the written notice Federal, State& Local requirements. until either PTNE or FTA deems compliance has been met and issues a written notification. First violation $ 500.00 daily Second violation $1,000.00 daily Third violation $1,500.00 daily Fourth violation $2,000.00 daily All drivers are required to collect fares from patrons. $10.00 per uncollected fare, in addition to the amount of the uncollected fares being deducted from the invoice request. The Contractor shall remove all farebox receipts from revenue $250 per occurrence of farebox receipts not vehicles daily and secure funds in the vault room. being secured in the vault room on a daily basis. Drivers are expected to conduct themselves in a professional, safe $25.00 per day per occurrence for Driver- and courteous manner at all times. Driver Infractions include, but related infractions as documented or reported are not limited to: to PTNE. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C a. Employees not in complete proper uniform, while in Revenue Service; b. Driver(s) and/or any other passenger(s) smoking while in the Vehicle at any time; c. Driver(s) who display unprofessionalism over the radio with any personnel: d. Driver(s) who display unprofessionalism to PTNE clients and/or other personnel; e. Driver(s)who fail to properly log in; f. Driver(s) who get lost; g. Driver(s) with Lost or Expired Collier County Identification Badges h. Driver(s) leaving vehicle with patrons unattended. i. Driver(s) leaving vehicles unsecured. j. Employees who engage in the purchase or consumption of alcohol, drugs or tobacco products while in full or partial uniform. The Contractor is expected to care for all County provided $50.00 plus the cost of repair if equipment and establish policies and procedures to ensure that Communication Equipment is found tampered equipment is not tampered with, abused or neglected. with, abused and/or neglected as identified by PTNE Staff and/or PTNE's repair Contractor. The Contractor is required to maintain all required vehicles in $50.00 per day per vehicle per occurrence for accordance with terms and conditions of this Contract. Vehicles non-compliant vehicle(s). found to be non-compliant by PTNE or designee after a vehicle inspection, safety or vehicle audit, will be removed from service. Examples of non-compliance include, but are not limited to: a. Vehicle(s) in-service not properly logged into the Radio, MDT or any other required systems; b. Vehicle(s) in-service that are not clean, exterior or interior; c. Vehicle(s) in-service with damaged seats or damaged interiors; d. Vehicle(s) in-service with leaky interiors due to A/C Condensation or any other fluid(s); e. Vehicle(s)with accident damage or body damage; f. Vehicle(s) with graffiti or damages in the driver's area as a result of driver misuse or abuse; g. Vehicle(s) with inoperable Radios or MDT's; h. Vehicle(s)with inoperative interior and/or exterior lights; i. Vehicle(s) with lack of current PTNE-issued publications; j. Vehicle(s)with sub-standard climate control The Contractor is expected to submit accurate, complete reports $50.00 per day per occurrence for Reporting within the PTNE established timeframes. Infractions may include Infractions. failure to submit reports by established dates, submission of inaccurate or incomplete reports, or maintaining proper records. Examples of reporting infractions include, but are not limited to: a. Failure to maintain current records for training documentation, in personnel files for all personnel. At a minimum this includes: o Drivers' License records o Defensive Driving records o Motor Vehicle records o Background records o Customer Comments and/or other Incident reports b. Failure to conduct and properly document mandatory ride checks. c. Failure to maintain and submit any requested reports as required and/or requested. Exhibit I Agreement#15.6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) (Dr- 1 1C The Contractor shall faithfully adhere to all standard MVR, $1,000.00 per incident discovered where the background screening reviews and driver licensing and registration Contractor failed to adhere to all review requirements. requirements. The Contractor is expected to operate the systems in a safe and $100.00 per occurrence for"Safety Infractions" efficient manner. A Safety Infraction is an action in which the safety as documented or reported to PTNE. of the patron, the driver, the vehicle, other people, other vehicles and/or property is jeopardized. Safety infractions include, but are not limited to: a. Consumption of food while operating a Vehicle; b. Contractor's personnel who fail to properly complete any and all accident/incident reports regarding CAT or CAP passengers and/or Collier County property including an incomplete D&A decision tree; c. Driver(s) or Street Supervisor(s) not in possession of a valid Florida Driver's License and a Department of Transportation (DOT)medical card, while in Revenue Service; d. Driver(s) who fail to properly notify the Dispatch Office of incidents/accidents/emergency services involving passengers, property and/or Collier County property; e. Failure to conduct pre-trip inspection, including cycling of the wheelchair ramp or lift; f. Failure to make initial contact and maintain contact with Dispatch Office; g. Failure to properly tie down a wheelchair correctly or call out required ADA stops as observed by PTNE staff and/or PTNE representatives(including video playback); h. Improper use of the Radio and/or MDT equipment; i. Lack or improper use of Seat Belts for all occupants in the Vehicle; j. Operation of a revenue service with non-trained personnel; k. Operation of a Vehicle while texting; I. Operation of a Vehicle with a cell phone, cell phone ear piece or ear cord; m. Reckless driving; n. Running Red Lights; o. Speeding PTNE requires full staffing by the Contractor. 25% of the salary for the time that a key personnel position is vacant for over 14 days. $100.00 per day per vacancies in Supervisory Personnel. All required supervisory positions (starters, street supervisors, service supervisor, and safety personnel) must be covered each day in case of turnover, sickness, vacation or other absences with a qualified replacement. $100.00 per day for any non PTNE-approved personnel operating a route without PTNE's prior written approval. County vehicles are to be used for approved purposes only. $500 for any occurrence of Contractor using Collier County vehicles for other than an explicit PTNE approved purpose. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) lb C The Contractor shall encourage its drivers to exercise means to $100.00 per incident after a driver's second prevent instances of avoidable repeat damage/harm to vehicles. such avoidable instance of like damage. The Contractor shall perform a minimum of 20% scheduled trips on $5,000 per month of less than 20% of total non County-owned vehicles. (This percentage may be revised on an paratransit trips performed by non County- annual basis). owned vehicles. The Contractor shall be responsible for securing all facilities each $1,000 per door or gate that is left unsecured evening. in the evening. The Contractor shall be responsible to remove radio programming $500 per day beyond 15 days of no from non County-owned vehicles within 15 days of no longer being documentation being provided. used for County paratransit trips. Documentation must be provided to the County from a radio vendor that this has occurred. Failure to properly process "Lost and Found" recovered items in a $100 per item not properly documented or timely manner and/or failure to implement the lost and found process each instance where the County policies and in a proper manner. procedures are not followed. Exhibit I Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 1v ' IC EXHIBIT II—PRICING STRUCTURE (following this page) Exhibit II Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) J 11C Fixed Route Fixed Route Cost Proposal I Y 21)16 FY 2011 FY 2013 i, 21)1 0 EY 2020 Scope Scope Description 72,842 73,935 75,044 76,170 77,313 Item 1 System Planning and Administration I I I I I I Management Labor&Fringe $ 166,035.61 $ 169,620.68 $ `172,629.42 $ 175,787:00 $ 179,01739 Administrative Clerical Labor&Fringe $ • $ $ - $ - $ Office Materials&Supplies $ 10,740.16 $ 11,060.30 $ 11,395.69 $ 11,738,2: :$ 12,08934 Reports $ - $ $ - $ - $ Administrative/Corporate Support $ 201,313:13 $ 165,622.50 $ 17%26953 $ 171404:92 $ 175,364.99 Capital Depreciation $ - $ $ - $ - $ - Interest Expense $ 23,370.44 $ 19,070.80 $ 17,525.43 $ 15,979.26 $ 14,647.62 Internet/Cell/Zonar $ - $ - $ - $ - $ - Employee Welfare $ - $ - $ - $ - $ Employee Recruiting $ 952.82 $ 983.31 $ 1,013.80 $ 1,044.29 $ 1,074.78 Business Licensing&Taxes $ 836.57 $ 861.98 $ 888.03 $ 914.70 $ 942.02 Payroll Processing $ - $ - $ - $ $, - Printing and Graphics 5 $ - $ - $ - $' Postage $ 625.05 $ 640.29 $ 663.16 $ 686.03 $ 708.90 Dues and Subscriptions 5 - $ - $ - $ - $ - Buy America Program $ - $ - $ - $ - $ - EEO/Affirmative Action Program $ - $ - $ - $ - $ - Profit $ 107,613.08 $ 108,854.28 $ 112,089.42 $ 114,343.15 $ 137,027.55 2 Insurance I I 1 I I I Auto Liability $ 272,367.56 $ 276,739.53 $ 281,275.69 $ 28590305 $ 290,641.01 Business Practices 5 - 5 $ - $ - $ Workers Compensation $ 143,801.45 $ 149,775415 :$ 154,320.49 $ 156,311.79 $ 159,673:31 Other Insurance $ - $ - $ - $ - $ Insurance Deductible $ $ - $ - $ $ Accident Repairs $ $.a:;;: ,. - $ - $ 3 Drivers(Background Checks&Training) I I I I I I Operator Wages&Fringe $4;138,04553`' 83.07 $2,305;995.09 $ 2,350,431.58 $"2,423159.31 Supervisor Wages&Fringe $ 67,685.41 $ 69,084.90 $ 70,549,10 $ 72,122.87 $ 73,777,43 Training and Travel $ - $ - $ - $ - $ - Uniforms $ 3,692.17 $ 7,702.57 $ 7,941.41. $ 8,267.28 $ 8,598.22 Driver Bonuses $ 7,419.27 $ 7,513.18 $ 7,701.01 $ - 5 - Pre-employee Physicals $ 2,067.61 $ 4,836.50 $ 4,955.92 '$ 5,129.33 $ 5,366.27 Drivers background checks and Driving $ 3,071.88 $ 5,911.28 $ 6,090.41 $ 6,336.23 $ 6,646.85 I 4 Maintenance and Cleaning I I I I I Expenses $ 42,656.54 $ 43,538 28 $ 44,461.61 $ 45,45301, $ 46,495.51 5 Bus Stop Inventory&Shelter Repair Work Program I I I I Labor,Fringe and Supplies for Bus Stop Inventory&Inspection Lduui,rnuge,diw.aupyues iue DUS awp di Shelter Site Maintenance and Repair. This task shall include the contractor cleaning and maintaining all bus stops,shelters,benches and signs including trash pickup;pressure wash shelters and amenities. $ 78,005.29 $ 79,504.23 $ 81,072.30 $ 82,750.80 $ 84,516.50 6 Safety Program I I I I Development and Implementation of all requires safety and security plans. $ 20,918.15 $ 22,370.88 $ 22,718.97 $ 23,147.98 $ 11,724.73 Participation in all table top exercises,etc. 7 Drug&Alcohol Testing Program I I I I Employee Testing,Random Testing,Post- Accident&Reasonable Suspicion Testing, Employee Assistance Program $ 6,075.80 $ 6,347.03 $ 6,528.70 $ 6,787.23 $ 7,049.58 8 Start Up Costs I I I I Expenses $ 104,976.95 9 Other(If any other,please specify) I I I I Front of the House Employess Wages and Ben $ 64,462.30 $ 65,795.21 $ 67,189.72 $ 68,687.92 $ 70,263.80. Tolls $ 22,880.00 $ 23,566.00 $ 24,273.00 $ 25,001.00 $ 25,751.00 Total $3,489,612.77 $3,471,981.76 $3,571,547.50 $ 3,835,428.12 $3,714,538.32 Cost Per Vehicle Revenue Hour $ 47.907 $ 46.960 $ 47.593 $ 47.728 $ 48.045 0r.'.. E U 11C Paratransit Paratransit Cost Proposal FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Scope Item Scope Description Minimum 20%of trips to be provided on non County-owned vehicles 1 System Planning and Administration I I i I I Management Labor&Fringe $ 95,350.74 $ 97,409.57 $ 99,137.20 $ 100,950.76 $ 102;806.02 Administrative Clerical Labor&Fringe $ $ $ - $ $ - Office Materials&Supplies $ 6,167.84 $ 6,351.70 $ 6,544.31 $ 6,741.29 $ 6,942.66 Reports $ - $ - $ _ - $ - $ - Administrative/Corporate Support $ 115,609.87 $ 95,113.50 $ 97,782.19 $ 98,549.08 $ 100,708.41 Capital Depreciation $ 43,014.00 $ 43,037.00 $ 43,060.00 $ 43,084.00 $ 43,109.00 Interest Expense 5 13,421.15 $ 10,951.96 $ 10,064.48 $ 9,176.55 $ 8,411.82 Internet/Cell/Zonar $ 23,316.00 $ 24,012.00 $ 24,732.00 $ 25,476.00 $ 26,232.00 Employee Welfare $ $ $ $ _ $ - Employee Recruiting $ 547.18 $ 564.69 $ 582.20 $ 599.71 $ 617.22 Business Licensing&Taxes 5 480.43 $ 495.02 $ 509.97 $ 525.30 $ 540.98 Payroll Processing $ $ $ - $ - $ - Printing and Graphics $ $ - $ - $ _ $ Postage $ 358.95 $ 367.71 $ 380.84 $ 393.97 $ 407.10 Dues and Subscriptions $ - $ - $ - $ - $ Buy America Program $ $ $ - $ - $ - EEO/Affirmative Action Program $ $ $ • $ - 5 Profit $ 61,799.92 $ 62612.72 $ 64,370.58 $ 65,664.85 $ 67,206.45 2 insurance I I I I I Auto Liability $ 156,414.94 $ 158,925.66 $ 161,530.69 $ 16418808 $ 166,908.99 Business Practices $ $ $ 5 $, - Workers Compensation $ 82,582.14 $ 86,012.65 $ 88,623.00 $ 89,766.56 $ 91,697.00 Other Insurance $ $ $ - $ - $ Insurance Deductible $ - $ $ $ - $- Accident Repairs I $ - I I '$ , •-• $ - $ I $ 3 Drivers(Background Checks&Training) I Operator Wages&Fringe $ 1,227334.36 $ 1,282,125.27 *1 324,284.25 S 1353;823.14 $ 1,391,569.18 Supervisor Wages&Fringe 5 38370:30 $ 39,67400 $ 40,514.85 $ 41,418.64 $ 44368.82 Training and Travel $ $ 5 - $ - $ Uniforms $ 2,120.33 $ 4,423.43 $ 4,560.59 $ 4,747.72 $ 4,937.78 Driver Bonuses $ 4,260.73 S 4,314.66 5 4,42233 $ - $ - Pre-employee Physicals $ 1,187.39 5 2,777.50 $ 2,846.08 $ 2,945.67 $ 3,081.73 Drivers background checks and Driving records $ 1,764.12 5 3,394.72 $ 3,497.59 5 3,638.77 $ 3,817.15 4 Vehide Servicing I I I i I 5 99,209.00 15 103,626.32 15 107,470,81 $ 115,289:94 I $ 120,674.88 4 Maintenance and Cleaning Expenses $ 24,496.75 $ 25,003.05 S 25,533.36) I I$ 26,102;70 I$ 26,701.39 5 Safety Program Development and Implementation of all requires safety and security plans. $ 12,012.85 $ 12,847.12 $ 13,047.03 $ 13,293.40 5 6,733.27 Participation in all table top exercises,etc. 6 Drug&Alcohol Testing Program I I I I I Employee Testing,Random Testing,Post- Accident&Reasonable Suspicion Testing, Employee Assistance Program. $ 3,489.20 $ 3,644.97 $ 3,749.30 $ 3,897.77 $ 4,048.42 7 Start Up Costs I 1 I I I Expenses $ 60,286.05 1 5 $ $ - $ - 8 Other(If any others please specify) I i I I I Fuel $ 90,105.99 $ 90,105.99 $ 90,105.99 $ 90,105.99 $ 90,105.99 Front of the House Employess Wages and Bene $ 37,019.33 $ 37,784.80 $ 38,585.64 $ 39,446.02 $ 40,351.01 Total $ 2,201,719.56 $ 2,195,476.00 $ 2,255,935.47 $ 2,299,825.88 $ 2,349,977.28 Cost per Completed Eligible Passenger Trip $ 26.61 $ 26.53 $ 27.26 $ 27.79 $ 28.40 C_.`, U 1 1 C EXHIBIT HI - FTA GRANTING AGENCY REQUIREMENTS Federal Transit Administration (FTA) Provisoins CFDA 20.500/20/507 The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. Box is Checked If Applicable ® 1. No Government Obligation to Third Parties ® 2. Program Fraud and False or Fraudulent Statements and Related Acts Z 3. Access to Records and Reports ® 4. Federal Changes ® 5. Civil Rights Requirements ® 6. Incorporation of Federal Transit Administration(FTA)Terms ® 7. Energy Conservation Requirements ® 8. Termination ® 9. Government-wide Debarment and Suspension-Sion Exhibit Certification ❑ 10. Buy America Requirements-Sign Certification ® 11. Breaches and Dispute Resolution ® 12. Lobbying-Sign Certification ® 13. Clean Air ® 14. Clean Water Requirements ❑ 15. Cargo Preference Requirements Z 16. Fly America ❑ 17. Davis-Bacon and Copeland Anti-Kickback Acts ❑ 18. [Reserved] ® 19. Contract Work Hours and Safety Standards Act ❑ 20. Bonding Requirements ❑ 21. Seismic Safety Requirements ® 22. Transit Employee Protective Agreements ® 23. Charter Bus and School Bus Requirements ® 24. Drug and Alcohol Testing ❑ 25. Patent and Rights in Data ❑ 26. Dept of Labor EEO Provision ® 27. Disadvantaged Business Enterprises(DBE) ® 28. Recycled Products ❑ 29. [Reserved] ® 30. ADA Access ❑ 31. Bus Testing-Sign Certification ❑ 32. Pre-Award and Post Delivery Audit Requirements-Sign Certification ® 33. Privacy Act ® 34. ITS Standards ® 35. Conflict of Interest ® 36. Drug Free Workplace Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) ., .` 11C 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (Applies to subcontracts) Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this Contract: (1) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) r, `` 11C U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at$100,000. (3) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. (4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes-of conducting an audit and inspection. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS REQUIREMENTS (Applies to subcontracts) Civil Rights -The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program ,--c- (OPERATIONS) `(OPERATIONS) 11C employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)TERMS (Applies to subcontracts) Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act,fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee)to be in violation of the FTA terms and conditions. Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) . 1 11C 7. ENERGY CONSERVATION REQUIREMENTS (Applies to subcontracts) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 8. TERMINATION a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program ic„ (OPERATIONS) 4,� 11c f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default(Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- a) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and b) The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program —$0) (OPERATIONS) 11C of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NON-PROCUREMENT) (Applies to subcontracts) Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program , (OPERATIONS) .;i 11C This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. 10. BUY AMERICA REQUIREMENTS (Applies to subcontracts) The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (Attachments) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. 11. BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program 11. (OPERATIONS) 11C Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 13. CLEAN AIR (Applies to subcontracts OVER$100,000) (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 etsem. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS (Applies to subcontracts OVER $10,000) (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS (Applies to subcontracts) Use of United States-Flag Vessels -The contractor agrees: Exhibit III Agreement#15-6424 for Management Services Contract for the ry , Collier Area Transit(CAT)Fixed Route and Paratransit Program ;_? r' (OPERATIONS) 11C a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 16. FLY AMERICA REQUIREMENTS (Applies to subcontracts) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America"Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. DAVIS-BACON AND COPELAND ANT1-KICKBACK ACTS (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program r •'ti (OPERATIONS) `- ' IC rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: • Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and • The classification is utilized in the area by the construction industry; and • The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and • With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards Exhibit III r....., Agreement#15-6424 for Management Services Contract for the ,;,_•y,`'! Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 1 1 C of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: • The work to be performed by the classification requested is not performed by a classification in the wage determination; and • The classification is utilized in the area by the construction industry; and • The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding — Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Collier County may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program -� (OPERATIONS) �� 11C all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: • That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; • That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; • That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program )`'/ (OPERATIONS) " m'' 11C Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees- (i)Apprentices-Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program • (OPERATIONS) 11c Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity-The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements-All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility- (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 18. f RESERVED I 19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) `� 11C (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this section. 20. BONDING REQUIREMENTS Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient)to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the(Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 21. SEISMIC SAFETY REQUIREMENTS The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 22. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (Applies to subcontracts) Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransft Program (OPERATIONS) 11C state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 23. CHARTER BUS REQUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. SCHOOL BUS REQUIREMENTS Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 24. DRUG AND ALCOHOL TESTING Introduction FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf(usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with Part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. Explanation of Model Contract Clauses: Collier County relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 655, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules. Drug and Alcohol Testing Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) --. ).7., 11C The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 25. PATENT AND RIGHTS IN DATA (Applies to subcontracts) A. Rights in Data - This following requirement applies to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA Exhibit III Agreement#15-6424 for Management Services Contract for the �.T,� Collier Area Transit(CAT)Fixed Route and Paratransit Program 7 (OPERATIONS) '7.:v 11c determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research work: Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) �, lic (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 26. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note. 27. DISADVANTAGED BUSINESS ENTERPRISE Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26, Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area Transit's goal for DBE participation is 2.58%. b. A separate contract goal has not been established for this procurement. c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11c performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Collier County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). d. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the bidder/offeror agrees to the following: • Bid Opportunity List shall submit with all Requests for Proposals and Invitations For Bid. • Anticipated DBE Participation Statement: shall submit with all Requests for Proposals and Invitations For Bid. • DBE Directory: the bidder/offeror may use the online DBE directory, BizNet, www.bipincwebapps.com/biznetflorida/to locate ready, willing, and able DBE's to perform sub-contractor work or sub-consultant work on USDOT assisted contracts. • Subcontractor Payment Report: shall submit monthly to comply with monitoring requirements of 49 CFR 26. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractors receipt of payment for that work from Collier County. In addition, the contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. f. The contractor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. 28. RECYCLED PRODUCTS (Applies to subcontracts for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 29. [RESERVED I 30. ADA Access Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 'r c 11C accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 31. BUS TESTING Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. 32. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: (1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. (3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. 33. PRIVACY ACT 5 U.S.C. 552 Exhibit III Agreement*15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program 7' (OPERATIONS) ' IC Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 34. ITS Standards Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). 35. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to the RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 36. Druq Free Workplace Drug-Free Work Place: The Contractor has implemented a drug-free workplace program and will continue to enforce such program for the duration of resultant agreement. A drug-free workplace program includes: i. A published statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. ii. Employee information about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. iii. Providing each employee engaged in delivering the commodities or contractual services that are under this bid or proposal a copy of the statement specified in Paragraph 1. iv. Notifying the employees that, as a condition of working on the commodities or contractual services that are under this bid or proposal that they will abide by the terms of the Exhibit III Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program ` (OPERATIONS) 11C statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. v. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs i. through v. above. Exhibit III Agreement#15-6424 for Management Services Contract for the /•�`'�, Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) r` ' IC STATE GRANTING AGENCY PROVISIONS Supplemental General Grant Terms and Conditions CSFA 55.010 and 55.001 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 1. Conflict of Interest-This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer,director, employee,or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly,more than a five percent(5%) interest in the Contractor's company or its affiliates. 2. EEO—The vendor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The vendor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the vendor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Department deems appropriate. 3. Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the State Commission, Legislature,the judicial branch, or a state/local agency. 4. Convicted Vendors—Vendor shall disclose if they are on the convicted vendor list.A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the activities as defined by the Florida Department of Management Services for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 5. Discriminatory Vendors — Contractor shall disclose if they appear on the discriminatory vendor list. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not: 1)Submit a bid on an agreement to provide any goods or services to a public entity;2)Submit a bid on an agreement with a public entity for the construction or repair of a public building or public work; 3)Submit bids on leases of real property to a public entity; or 4) Be awarded or perform work as a consultant under an agreement with any public entity;or transact business with any public entity. 6. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, State, or its designee's access to such records upon request. 7. Indemnity Provision-- Indemnification shall be included in all contracts with contractors/subcontractors, consultants/sub-consultants who perform work in connection with this contract. • "The Contractor shall indemnify, defend, save, and hold harmless the Florida Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the Contractor, its officers, agents, or employees." Exhibit III Agreement#15-6424 for Management Services Contract for the ' Collier Area Transit(CAT)Fixed Route and Paratransit Program (OPERATIONS) 11C EXHIBIT IV CONTRACTOR'S(MV's) PROPOSAL (following this page) Exhibit IV Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program ^' (OPERATIONS) t._ s. 11C EXHIBIT V REP#15-6424 (following this page) Exhibit V �'` 110 .---"'''"'"I, ® DATE(MM/DD/YYYY) I I ACC)REP CERTIFICATE OF LIABILITY INSURANCE 12/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McGriff,Seibels&Williams of Oregon PHONEFAX 1800 SW First Avenue,Suite 400 (A/C,No,Ext): 503-943-6621 (A/C,No):503-943-6622 Portland,OR 97201 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Company 22667 INSURED INSURER B:Indemnity Insurance Company of North America 43575 MV Transportation,Inc.and subsidiaries -- 2024 College Street INSURER c:ACE Fire Underwriters Insurance Company 20702 Elk Horn,IA 51531 INSURER D: INSURER E: _ INSURER F: , COVERAGES CERTIFICATE NUMBER:U9EN3ZCR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP /YLIMITS LTR INSD WVD POLICY NUMBER (MM/DDYYY) (MMIDD/YYYY) AHDO G27391461 02/01/2015 02/01/2016 2,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE X OCCUR PREMISES(Ea occurDAMAGE TO rence) $ 100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY XSA H08852996 02/01/2015 02/01/2016 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS _ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X Excess of SIR $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ — — EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WLR C48146302(AOS) 02/01/2015 I 02/01/2016 X PESTAR 0TH B AND EMPLOYERS'LIABILITY Y/N WLR C48146314(AZ,MA) ---- ER C ANY PROPRIETOR/PARTNER/EXECUTIVE WCU C48146338(CA,OH,WA) E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A SCF C48146326(WI) (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $$ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ,. Re:Contract#15-6424 Collier County Board of County Commissioners are named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms,conditions,limits and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Government Center Procurement Services Division AUTHORIZED REPRESENTATIVE •��-"' 3327 Tamiami Trail,East ' Naples,FL 34112 i Page 1 of 2 ©1988-2014 ACORD CORPORATION. All rights reserved. Arnon'IC IOnlAIna\ AGENCY CUSTOMER ID: 1 1 C LOC#: ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 PRODUCER INSURED McGriff,Seibels&Williams of Oregon MV Transportation,Inc.and subsidiaries POLICY NUMBER CARRIER NMCCODE ISSUE DATE: 12/16/2015 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: CRIME Insurance Company: Federal Insurance Company Policy #: 6804-6576 Policy Period: 03/31/2015 - 05/30/2016 Limit (Per Claim) : Employee Theft - $1,000,000 4 li ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: U9EN3ZCR