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Agenda 02/13/2018 Item #16D 302/13/2018 EXECUTIVE SUMMARY Recommendation to approve Amendment # 1 to Contract # 15-6424 Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program between MV Contract Transportation, Inc., to update Standard Operating Standards, Driver Hiring Requirements, Driver Training, Performance Standards and Liquidated Damages criteria. OBJECTIVE: To provide for an increased hiring pool for drivers and to address liquidated damages to improve transit system performance. CONSIDERATIONS: On November 10, 2015, the Board of County Commissioners (Board) entered into a contract with MV Contract Transportation, Inc., to provide the management and operating services for the County public transportation system, Collier Area Transit. The County requires that the Contractor ensure that all drivers possess a Commercial Driver’s License (CDL) regardless of the State requirements for the vehicle type. That requirement has made it difficult to find qualified drivers for the paratransit system. The State does not require a CDL for the type of vehicles used for parartransit service. Additionally, the training requirements in the contract were extensive and required five (5) weeks of training for drivers before being able to go into service. After re viewing these requirements, staff believes it would be more appropriate to define the training and licensure requirements by the system, distinguishing separate requirements for paratransit drivers versus fixed route drivers. The provided proposed revisions to the contract will provide for training to compliment each service (paratransit and fixed route). The vendor has been providing management and operating services for almost two (2) years. Staff has been monitoring the operations and during this time, identified additional performance-based standards that should be added to the contract. The inclusion of the recommended performance standards will help to further enhance the service being provided to the community. Staff is also recommending modifications to the performance indicators for on-time performance to reflect more realistic goals. FISCAL IMPACT: This item does not have a direct Fiscal impact on the budget. If there is a decline in the vendor performance, then liquidated damages will be assessed and revenues may increase. GROWTH MANAGEMENT IMPACT: This item is consistent with Objective 12 of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve and authorize the Chair to sign the attached Amendment to Contract # 15-6424 with MV Contract Transportation, Inc., to update Standard Operating Standards, Driver Hiring Requirements, Driver Training, Performance Standards and Liquidated Damages criteria. Prepared By: Michelle Edwards Arnold, PTNE Division Director, PTNE Division ATTACHMENT(S) 1. [Linked] 15-6424 MV_Contract (PDF) 2. CAT #15-6424 MV Contract Amendment FINAL_STAMPED (PDF) 16.D.3 Packet Pg. 692 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doc ID: 4455 Item Summary: Recommendation to approve Amendment# 1 to Contract# 15-6424 Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program between MV Contract Transportation, Inc. to update Standard Operating Standards; Driver Hiring Requirements; Driver Training; Performance Standards; and Liquidated Damages criteria. Meeting Date: 02/13/2018 Prepared by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 12/21/2017 1:54 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 12/21/2017 1:54 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/21/2017 2:29 PM Procurement Services Ted Coyman Additional Reviewer Completed 12/26/2017 11:44 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 12/26/2017 3:19 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 12/27/2017 8:04 AM Grants Kimberly Lingar Level 2 Grants Review Completed 01/02/2018 9:50 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/20/2018 9:20 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/24/2018 3:25 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/25/2018 7:50 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/25/2018 8:33 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/26/2018 1:30 PM Grants Therese Stanley Additional Reviewer Completed 02/02/2018 2:58 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/03/2018 6:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 16.D.3 Packet Pg. 693 16.D.3.b Packet Pg. 694 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 695 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 696 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 697 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 698 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 699 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 700 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 701 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 702 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 703 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 704 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 705 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 706 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) 16.D.3.b Packet Pg. 707 Attachment: CAT #15-6424 MV Contract Amendment FINAL_STAMPED (4455 : MV Contract Amendment) A G R E E M E N T 16-§424 !2! Management Services Contract for the comer Area Transit (CAT) Fixed Route and Paratranslt Program (OPERATIONS) THIS AGREEMENT, made and entered into on this ta+1"'ci ay of rJ 0v9 M bc.c 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 "MVn} and Collier County, a political subdivision of the State of Florida, (the "County"): W I T N ES S E TH: 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: Exhibit II: Exhibit Ill: Exhibit IV: ExhlbltV: Scope of Services Pricing Structure & Liquidated Damages FT A Provisions Package Contractor's (MV's) Proposal dated June 4, 2016 Request for Proposal #16·6424 These documents include all expectations of the Contractor, including the Federal Transportation Administration Grant Requirements. Page 1 Agreement t 15·6424' for Management Service s Contract for the Collier Area Transit (CAT) Fixed Route and Paratranslt Program (OPERATIONS) 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: Mileaae $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 niaht Parkina Actual cost of parkina 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) 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 DISCRIMINA TlON. 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) 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 PERSONNEUSTAFFING. 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) 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:0 COLLIER COUNTY, FLORIDA Dwi•ht E. Brock, Cler Oi.ourts i ` ICI ti^.'LBy1., By Dated: z ` ,_;,1,, / Donna Fia Chairman Attesiii tiairm,,,i $` signature only. MV Contract Transportation, Inc. Contractor By. t.. iep i na ure r-e_c VV r'f /-t' Dtl el, , U'1 TTy0e/print witne 7.. name? TType/print sign ure and title' U/Vv LlAY&LVv) c. d Witne XAPV\ K 1 ' 0 TType/print witness nameT A.•roved as to Fe m and Legality: 0A.. .tit, Assistant C• Attorney EVYI V. ftpIn Print Name Page 9 Agreement#15-6424 for Management Services Contract for the Collier Area Transit(CAT)Fixed Route and Paratransit Program OPERATIONS) CAO 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 (TOP) 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 # 1 ~424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (OPERATIONS) Family Size 1 2 3 4 5 6 7 8 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 1s a partial year cons1st1ng of data from July 181 through March 31 61 ) 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 TO 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 TO 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 $1.00 if household $3.00 If household $4.00 if household $5.00 If household Income Is at or Income Is >100%· Income Is >151%-Income Is >226%-$7.00 if household under Poverty 150% of Poverty 225% of Poverty 337% of Poverty income is +337% Level Level Level Level of Poverty Level $11,670 $11,671-$17,505 $17,506-$26,258 $26,259 -$39,328 $39,329 $15,730 $15,731 -$23,595 $23,596-$35,393 $35,394-$53,010 $53,011 $19,790 $19,791 -$29,685 $29,686 -$44,528 $44,529 -$66,692 $66,693 $23,850 $23,851 -$35,775 $35,776-$53,663 $53,664-$80,375 $80,376 $27,910 $27,911 -$41,865 $41,866-$62,798 $62,799 -$94,057 $94,058 $31,970 $31,971 -$47,955 $47,956-$71,933 $71,934-$107,739 $107,740 $36,030 $36,031 -$54,045 $54,046 -$81 ,068 $81,069-$121,421 $121,422 $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# 1 ~424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (OPERATIONS) 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 Paratranslt Program (OPERATIONS) 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) 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. 0. 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 /6:\ (OPERATIONS) ~ 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) f6:\ \~~ 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 # 15~24 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratranslt Program (OPERATIONS) @ 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) • 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 FT A and FOOT 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) ·~ • 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/StopsfTransfer Facilities o Driving Conditions/Adverse Weather o Vehicle and equipment operations, including proper mo-way radio protocol, wheelchair and scooter securement, ramp operations, and operation of any automated devices installed in the vehicle. Exhibit I Agreement # 15~424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program ~ (OPERATIONS) \..3 • 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 1 to 29 days Required Instructional Required Line 8 hours Training Instruction Exhibit I 3 days Agreement# 15-6424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (OPERATIONS) 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 trainina 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 • FirstAid • 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 lnstructors/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/remediaVrecertification of each driver. This shall be provided on a monthly basis for the drivers who have completed refresher/remediaVrecertification. 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 lhe Collier Area Transit (CAT) Fixed Route and Paratransit Program (OPERATIONS) 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 develo'p 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 DWIIDUI charge by the courts. A safety sensitive person who has a conviction of DWIIDUI, 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 ParatransH Program (OPERATIONS) W ~ 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-&424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (OPERATIONS) (~ '.,_,/ At a m1mmum, 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 Paratransil Program (OPERATIONS) ~ ~) •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) ,....---. /.)~-~ 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 Safetv 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) w 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 [KJ 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 COL 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. 401 k -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) 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 PTNE 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 Perfonnance Indicators Incentive/ Miies <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> Uo 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 revenue vehicle hour 15% above Goal 10% above Goal 5% above Goal PTNE Goal -17.0 UP to 5% below Goal Up to 10% below Goal 11% below Goal Perfonnance Indicators Incentive/ <Disincentive> 19.55 and above $1,000 18.7-19.54 $500 17.85-18.6 $250 16.16 -17.84 None 15.4-16.15 <-$250> 15.14-15.3 <-$500> 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) APPENDIX2 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, PTNE 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 (CAn Fixed Route and Paratranslt Program (OPERATIONS) 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 equipment and establish policies and procedures to ensure that equipment is not tampered with, abused or neglected. The Contractor is required to maintain all required vehicles in accordance with terms and conditions of this Contract. Vehicles 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 MOT's; h. Vehicle(s) with inoperative interior and/or exterior lights; i. Vehicle(s) with lack of current PTNE-issued publications; i. Vehicle(s) with sub-standard climate control The Contractor is expected to submit accurate, complete reports within the PTNE established timeframes. Infractions may include 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 $50.00 plus the cost of repair if Communication Equipment is found tampered with, abused and/or neglected as identified by PTNE Staff and/or PTNE's repair Contractor. $50.00 per day per vehicle per occurrence for non-compliant vehicle(s). $50.00 per day per occurrence for Reporting Infractions. Agreement # 15-6424 for Management Services Contract for the Collier Area Transit (CAn Fixed Roule and Paratransit Program (OPERATIONS) 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. County vehicles are to be used for approved purposes only. Exhibit I $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. $500 for any occurrence of Contractor using Collier County vehicles for other than an explicit PTNE approved purpose. Agreement# 15-6424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (OPERATIONS) ~ \,_g) The Contractor shall encourage its drivers to exercise means to $100.00 per incident after a driver's second prevent instances of avoidable repeat damaae/harm to vehicles. such avoidable instance of like damaae. 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) (~