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#18-7382 (MV Transportation, Inc.)
PROFESSIONAL SERVICE AGREEMENT #18-7382 for Collier Area Transit (CAT) Fixed Route, Demand Response Transit, and Transit Operations Management Services (GRANT FUNDED) THIS AGREEMENT, made and entered into on this day of 2011 , by and between MV Transportation, Inc., authorized to do business in the State of Florida, whose business address is 2711 N. Haskell Ave., Suite 1500, Dallas, TX 75204, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a five (5) year period, commencing on May 1, 2019 and terminating on April 30, 2024, five (5) years from the commencement date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The Parties may, upon mutual consent, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term at least 90 days prior to the end of the Agreement term then in effect, and the parties must agree on the renewal at least 60 days prior to the end of the Agreement term. 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) #18-7382, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 1 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 3.1 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's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedules, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 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., at the following current rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 2 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard- size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4.5 Liquidated Damages: For performance not delivered in accordance with this Agreement, 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." 4.6 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 & Collier Area Paratransit (CAP) patrons. To assure quality and a high level of customer satisfaction, all performance standards shall be reviewed on an on-going basis and are subject to change as CAT & CAP's needs change. If performance standards set forth below are changed by Collier County Public Transportation Neighborhood Enhancement (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) (See Exhibit B — Scope of Services). Review periods will be on a monthly basis. Payments or deductions shall be calculated on the Net Contract Amount Paid to the Contractor for Service Operated for the corresponding review period. It is important that the Contractor resolves performance issues promptly. Therefore, PTNE has established performance standards that escalate in severity when not achieved over time. The maximum performance incentive that the Contractor can 3 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CAO achieve is listed as the Incentive in the Performance Standard Tables. The Disincentive or Liquidated Damages will escalate according to the consecutive months that the Contractor does not meet the performance standard. The escalator will multiple monthly up to six months for each month the standard is not achieved, with the 6-month cap assessed monthly until the standard is met. The Contractor will pay the Base Disincentive amount times the number of consecutive months that it fails to achieve the goal objective. 4.7 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.8 Late Payments by Contractors to Subcontractors and Suppliers: The Contractor agrees to comply with the provisions of Florida Statute §287.0585, as stated below: "When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section." 4.9 Price Adjustment. Notwithstanding any provision of this Agreement to the contrary, County and Contractor shall negotiate in good faith equitable adjustments 4 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services to the rates set forth in this Agreement if Contractor's operating costs increase or expected revenue decreases as a result of any of the following events: (i) there is an increase in the city, county, state, or federal minimum wage that requires Contractor to increase the wages paid to its employees and/or negatively impacts Contractor's ability to recruit and retain qualified employees for the performance of this Agreement; or (ii) a local, state or federal government entity with jurisdiction over Contractor adopts any law, rule, regulation or order which has the effect of increasing Contractor's costs to deliver the Services under this Agreement. Contractor shall provide written notice to the County promptly after Contractor's costs are impacted or an event occurs that Contractor determines in good faith will result in a cost impact. The Parties will work in good faith to resolve issues within 30 days of written notice by Contractor. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: MV Transportation, Inc. Address: 2711 N. Haskell Ave., Suite 1500, LB-2 Dallas, TX 75204 Authorized Agent: Amy Barry, Assistant Corporate Secretary Telephone: (561) 846-2236 E-Mail(s): logan.mcleod(a�mvtransit.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Michelle Arnold Division Name: Public Transit & Neighborhood Enhancement Address: 3299 Tamiami Trail East, Suite 103 Naples Florida 34112 Administrative Agent/PM: Omar DeLeon, Public Transit Manager Telephone: (239) 252-5840 E-Mail(s): Omar.DeLeon(a,colliercountyfl.gov 5 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CA The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 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 Agreement 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. 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 upon not less than 60 days' prior written notice. The County shall be the 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 Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or 6 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. D. Cyber Liability: Coverage shall have minimum limits of $1,000,000 per occurrence. F. Third Party Crime Insurance: Coverage shall have minimum limits of $1,000,000 per occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 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 thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like 7 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit and Neighborhood Enhancement Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if 8 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 0 herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP #18-7382, including Exhibits, Attachments and Addenda/Addendum, and Other Exhibit/Attachment: Grant Documents. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 9 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services S The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of 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 10 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 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. 23. 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. 24. KEY PERSONNEL. 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 Agreement. 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. 25. 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. 26. ORDER OF PRECEDENCE (Grant Funded). 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 11 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County'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. FORCE MAJEURE. Notwithstanding any provision of this Agreement to the contrary, neither party shall be considered in breach or default, or liable to the other party for any losses, expenses, or damages, in each case resulting from any delay in performance or from non-performance caused by circumstances beyond the reasonable control of the party affected, including but not limited to acts of God, fire, flood, explosion, war, terrorism, sabotage (including, but not limited to computer viruses), weather, embargo, traffic, failure of carriers, extended mechanical failure, shortages of utilities, raw materials, equipment or transportation, action or request of governmental authority, strike, labor disputes, picketing, lockout, transportation embargo, civil riot or insurrection or judicial action. The affected party shall use reasonable commercial efforts to avoid or remove those causes of nonperformance. In the event that either party is unable to perform its obligation under this Agreement by reason of force majeure, it shall immediately give notice thereof to the other party. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to 12 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services C1 notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank-signature page to follow) 13 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CAO 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. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts and Comptroller ' ' � ` ��• OA. By: DiAAA. . _ vie) By: • 4 ` Wil m L. McDaniel, Jr., Ch-firman Dated: 4''11= •.9 :it(M4 4 Chairman's, Coi1YWitnesses: Contractor MV Transportation, Inc. CULL, bRunil_.) By: hiditut--- Contractor's First Witness Sig u Meq Lassarat, CFO Karen Carthen TType/print signature and titleT Type/print witness name c. Co t actor' Sec\61( fitness Jennifer Fleming Type/print witness name pprove• to F• nd Legality: �1! �,, �,��VCountx Attorney Z c. Pri t ame 14 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services EXHIBIT A SCOPE OF SERVICE FOR COLLIER AREA TRANSIT AND CAT CONNECT TRANSPORTATION MANAGEMENT AND OPERATIONS SERVICES SCOPE OF SERVICE Contents 1. GENERAL A-1 1.1. SERVICES A-1 1.2. GLOSSARY A-1 2. SCOPE OF WORK A-5 2.1. PROPOSAL A-6 2.2. SERVICE AREA, SERVICE TIMES AND FLEET A-8 2.3. FRAUD A-8 2.4. LICENSES, PERMITS, AND WORK A-8 2.5. CONTRACT TERMINATION OR CONCLUSION A-9 2.6. CONTINUITY OF SERVICE A-9 2.7. CONTRACTOR SUPPLEMENTARY EXPENSES A-9 3. TRANSIT OPERATIONS MANAGEMENT SERVICES DEPARTMENT (TOMS) A-9 3.1. STAFFING A-10 3.2. CAT CONNECT CALL CENTER AND RESERVATION OPERATIONS A-11 3.3. CAT CONNECT DISPATCHING A-12 3.4. SCHEDULING A-13 3.5. VERIFICATIONS A-15 3.6. TRANSIT COORDINATION AND BROKERAGE SERVICES A-15 3.7. FIXED ROUTE CUSTOMER SERVICE AND FIXED ROUTE CALL CENTER A-16 3.8. FIXED ROUTE DISPATCH A-17 3.9. TRANSIT PLANNING A-17 3.10. INTELLIGENT TRANSPORTATION SYSTEM COORDINATION A-18 3.11. MOBILITY MANAGEMENT, TRANSIT TRAINING, AND TRANSIT OUTREACH(BID ALTERNATE) A-19 3.12. PROPERTY, OFFICE SPACE, COMPUTERS & EQUIPMENT A-20 3.13. COLLECTION OF FARES A-21 3.14. CUSTOMER ADMINISTRATION A-22 3.15. CONTRACT COMPLIANCE, DATA MANAGEMENT & REPORTING A-22 3.15.1. REPORTING A-23 4. FIXED ROUTE SERVICE A-27 4.1. STAFFING A-28 4.2. SCHEDULE DISTRIBUTION A-29 4.3. TRANSFER FACILITIES, ADMINISTRATION & OPERATIONS BUILDINGS A-29 5. DEMAND RESPONSE A-30 5.1. CAT CONNECT SERVICE A-32 5.2. OPERATING STANDARDS A-33 5.3. STAFFING A-33 6. PERSONNEL REQUIREMENTS A-34 6.1. CONTRACTOR PERSONNEL A-34 6.2. PERSONNEL COVERAGE A-37 6.3. EXTENDED STAFF (BID ALTERNATIVE) A-37 6.4. HIRING REQUIREMENTS A-38 6.5. HUMAN RESOURCE MANAGEMENT A-41 A-i #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 6.6. TRAINING A-41 6.7. PTNE AUDITS A-45 6.8. DRIVER RESPONSIBILITIES A-45 6.9. Operator Removal A-46 6.10. UNIFORM SPECIFICATIONS AND APPEARANCE STANDARDS A-48 7. SAFETY A-49 7.1. SAFETY PROGRAM A-49 7.2. ACCIDENTS/INCIDENTS A-50 7.3. EMERGENCIES A-51 8. MAINTENANCE AND CLEANING A-52 8.1. PREVENTATIVE MAINTENANCE A-52 8.2. EQUIPMENT A-55 8.3. PTNE QUALITY ASSURANCE A-55 8.4. TOWING A-56 9. DRUG & ALCOHOL TESTING PROGRAM A-56 10. EQUAL EMPLOYMENT OPPORTUNITY (EEO)/AFFIRMATIVE ACTION PROGRAM A-56 11. DISADVATAGED BUSINESS ENTERPRISE (DBE) REPORTS A-57 12. ADDITIONAL NEGOTIATED TERMS A-57 ATTACHMENTS: APPENDIX 1 PERFORMANCE STANDARDS A-58 APPENDIX 2 LIQUIDATED DDAMAGES A-63 EXHIBIT B FEE SCHEDULES B-1 EXHIBIT C GRANT DOCUMENTS C-1 A-ii #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 1. GENERAL 1.1. Services The Public Transit and Neighborhood Enhancement (PTNE) Division, a division of the Public Services Department of Collier County Government is charged with providing fixed route and demand response operations for residents and visitors of Collier County. This Scope of Service covers the requirements for the Contractor to perform and deliver all: • Transportation Operations Management Services; hereinafter referred to as TOMS • All fixed route transit operations; hereinafter referred to as Collier Area Transit (CAT) • All Demand Response Transit- Paratransit service hereinafter referred to as CAT Connect The Contractor will accomplish this service by utilizing County owned and maintained vehicles; a minimum 20% of trips need to be provided on non-County owned vehicles; and, any vehicles owned and maintained by third-parties that are subcontracted with the County. The Contractor shall provide all resources required to operate a turnkey operation to deliver services that includes but is not limited to, management, personnel, administration, supplies, equipment, services to manage and administer for all of the requirements of this Contract. The Contractor will administrate Transit Operations Management Services and comply with all applicable federal, state and local regulations. The Contractor shall be responsible for all fees, licenses, and permits, and/or fines and penalties associated with the operations of the CAT and CAT Connect services under the terms and conditions of this Contract. The requirements listed in this Scope of Service for personnel, vehicles, equipment, assets and other resources are minimum requirements. 1.2. Glossary • The term "Transit Operating Facility (TOF)" —The facility that houses primary staff and functions to operate the system located at 8300 Radio Rd, Naples FL. • The term "Request Time" — The time that the passenger requests to be picked up or dropped off for a trip. • The term "Search Window"—The search window is used for trips that are scheduled with the Negotiated Trip timing preference. The search window is the duration of time the optimization or trip scheduling engine uses to search for trip solutions. Typically, the search window is within one (1) before and after the time of the requested trip. • The term "Drop-off Timing Preference" - The drop-off timing preference will be used by passengers when the passenger has a specific time that they need to be at a location. The passenger will provide the requested time that they need to be at the location. The bus will arrive within a one or two-hour window prior to that Drop-Off requested time, depending on the service area of the trip. The Contractor will be A-1 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services required to schedule the trip to allow the bus to arrive at the pick-up stop location, board the passenger, travel to the drop-off stop location, and alight the passenger prior to the requested drop-off time. Medical and work trips also are required to be dropped within a drop-off window. The drop-off window does not allow the passenger to be dropped more than 30 minutes before the requested drop-off time. The passenger may be dropped between 30 to 0 minutes prior to the requested drop-off time. The trip is considered late when the passenger is dropped more than 1 minute later than the requested drop-off time. The maximum time the passenger is allowed to travel on board the bus is one hour or two hours depending on the service area minus the time to board and alight the passenger. • The term "Pick-up Timing Preference" -The pick-up timing preference will be used by passengers when the passenger has a specific time when they need to be picked- up at a location. The passenger will provide the time when they are first available for pick-up. The bus will arrive no earlier than the requested pick-up time. The contractor is responsible to schedule the trip for the bus to arrive at the location no earlier than the requested Pick-up time, board the passenger, travel to the drop-off location, alight the passenger within one hour or two hours of the pick-up time depending on service area of the trip. The trip is considered late when the passenger is dropped at the drop-off location more than 1 minute greater than either the one hour or two-hour times depending on the service area of the trip. • The term "Negotiated Timing Preference" - is used by passengers when they have more flexibility with scheduling their trips or when the passenger would like more control of the trip process. The Contractor is also encouraged to use the negotiated timing preference to alleviate trips scheduled during peak times and for will-call trips. For negotiated trips, the passenger will provide the Requested Time for pick up. This is a flexible time the system uses as an index time to search for trip solutions. Trip solutions will be calculated within a Search Window of 1 hour before the Requested Time and 1 hour after the requested time. The passenger will be offered the trip solutions created by the scheduling system. The pwassenger will agree to a certain trip solution. The pick-up time of the selected trip will then become the Negotiated Time for the trip. The Negotiated Time will be the earliest time that the bus can arrive to the pick-up stop. The bus can arrive in a zero to 30-minute pick-up window based on the Negotiated Time. The bus is considered late if it arrives more than 1 minute later than the end of the 30-minute Pick-Up Window. The maximum time that a passenger can be on board the bus is based on the On-board Factor or 1.5 time the duration of the actual trip time. The factoring allows for the trip to be prorated for on- board time to allow reasonable trip durations for shorter trips and becoming truer to the 1.5 times factor the longer the trip is, as demonstrated in the illustration. • The term "Negotiated Time" - The time of the trip accepted by a passenger when the trip details are negotiated. • The term "Pick-up Window" - The time in which a bus can arrive for a pick-up and the passenger must be ready to access the bus. Arriving prior to the Pick-up Window is considered "Early" and arriving after the Pick-up Window duration is considered "Late". A-2 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • The term "Back-up/Extra Board Driver" —A driver that is scheduled to work for the service day and is available to assign to any open route or run when a driver calls out on the day of service. The Back-up/Extra Board Driver is to be at the (Transit Operating Facility (TOF) prior to service starting to be available to fill in without missing any service time. This driver must remain available for deployment to an open run for at least two hours into their shift. After the two-hour time frame, this driver can be released from duty, assigned to other duties, or used as a shooter driver. • The term "Pull-out" — The process in which buses entering revenue service are prepared for the shift. The Pull-Out time is considered the time when the preparation is completed, and the driver initiates the dead-head to the first stop point. • The term "Service Time" —The duration of time during the service day that starts at the run or route pull-out time, includes dead-head time and revenue time, and terminates at the pull-in time. Service time does not include fueling time and break time. • The term "Dead-head" —The duration of time and distance that is traveled for a bus and driver to reach the first stop location where revenue time starts or the time and distance for a bus to reach the TOF after revenue time ends. • The term "Revenue Time" — Fixed route Revenue Time is the time from the scheduled start for the departure at the first stop point up to the time to alighting all passengers at the last stop point minus any breaks, layover time, dead-head, or other non-operating time. The CAT Connect revenue time is from the arrival of the first pick-up point of the run to the perform of the last drop-off point, minus breaks, fueling, dead-head, and other non-operational time. • The Term "Pull-in" — The process in which buses ending revenue service are recovered at the TOF for fueling, maintenance, cleaning, and parking. The Pull-in Time is when the bus reaches the TOF and initiates the recovery process. • The term "Service Area" — Fixed route service area is the area along the route corridor defined by PTNE; the CAT Connect service area for ADA service area is 3/4 mile along all fixed route corridors; and the CAT Connect TD service area is within the boundaries of Collier County. • The term "Demand Response Transit" — Transit services designed for areas of lower passenger demand where regular bus service is not feasible where passengers' stops are at requested locations by the passenger, and the passengers are required to share rides. Examples of what Demand Response Service are Dial- A-Ride, Paratransit, and Transportation Network Company (TNC). • The term "Transportation Disadvantaged(TD)"—The transit program that provides resources for transportation for individuals that have limited options or availability to transportation due primarily to lack of access, financial resources, or due to a disability. A-3 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • The term "CAT Connect" —A shared-ride door-to-door transportation service that is complementary to the fixed route service for people with disabilities or no alternate access to transportation. Because CAT Connect is complimentary to fixed route, the service times, service area, and fare costs must also complement the fixed route service. Hours of operation for CAT Connect trips pick up may be comparable to the operation hours of the Fixed Route schedule. CAT Connect trips cannot be denied. • The term "No Show"- Occurs when a bus arrives to a stop location on-time; has the ability to transport the passenger to the drop location within the time constraints of the timing preference; and, the passenger is not available for the ride. The contractor is required to mark this trip as a no-show. It is encouraged that the Contractor document details regarding the No Show. o The term "Cancel-On Arrival"- Occurs when the bus arrives to the stop location on time, can transport the passenger to the drop location within the time constraints of the timing preference, the passenger is at the pick-up location and informs the driver that they no longer wish to accept the trip. The Contractor is required to mark this trip as a no-show. It is encouraged that the Contractor document the details regarding the Cancel-on Arrival. o The term "Late Cancel"- Occurs when the passenger informs the call center that the passenger wishes to cancel the trip less than 2 hours prior to the pick- up timing preference; the driver would have arrived on time for the pick-up location and the drop off would occur within the time constraints of the timing preference. The Contractor is required to mark this trip as a no-show. The Contractor is encouraged to document the details concerning the Late- Cancel. • The term "Cancel"- Occurs when the passenger cancels the trip the day prior or earlier than the trip is scheduled. The contractor is to mark these trips as cancels. o The term "Same-day cancel"-Occurs when the passenger cancels the same day as the trip is schedule but 2 hours or early than the requested time of the timing preference. The Contractor is required to mark this trip as a Same Day Cancel. The Contractor is encouraged to document the details for the same- day cancelled trips. • The term "Missed Trip" — Occurs when a passenger No-Shows, Cancels on Arrival, or is a Late Cancel because the passenger will be dropped later than the timing constraints of the trip timing preference. The contractor is required to mark these trips as both a cancel and a missed trip. The Contractor is encouraged to document the details regarding the Missed Trip. • The term "Dedicated Service Vehicle" means all vehicles that are solely dedicated exclusively to the transportation of Collier Area Transit or Collier Area CAT Connect patrons. The Contractor shall comply with all applicable requirements of Local, State, Federal and Original Equipment Manufacturer (OEM) safety and mechanical operating and maintenance standards for the particular vehicles and models used under this Contract and in accordance with this Scope of Service. A-4 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • The term "Fixed Route" and "Collier Area Transit (CAT)" shall be used interchangeable throughout this Scope. • The term "Special Fixed Routes" are routes established for a certain purpose that may operate for a temporary amount of time. Examples of special fixed routes are special events where passengers are transported. • The term "ADA" refers to the Americans with Disabilities Act (ADA). The Americans with Disabilities Act of 1990 (ADA) requires that "public entities which provide fixed route public transportation service must offer comparable CAT Connect service to individuals with disabilities who are unable to use the fixed route system." 2. Scope of Work The Contractor shall provide all resources and administration required to operate the services outlined in this scope. The Contractor will maintain compliance consistent with federal, state, local regulations including the Long-Range Transportation Plan (LRTP), Transit Development Plan (TDP) and Transportation Disadvantaged Service Plan (TDSP). PTNE will have control of all policy matters relating to the CAT, CAT Connect, and Transit Operations Management 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. PTNE expects that the Contractor achieves all performance measures and has set a progressive policy for liquidated damages that increases with the duration that the Contractor fails to achieve the required results. 2.1 Proposal This scope of work encompasses the following three classifications of proposal to RFP #18-7382 considerations (as defined in the subsections below): 1. Transit Operations Management Services (TOMS), CAT Transit and Demand Response Transit -CAT Connect Services (Mandatory) a. The Contractor must conform to the guidelines set forth in the RFP as set forth in the Vendor Response Requirements and Format section of the RFP. Moreover, the Contractor will demonstrate its ability to provide the services for TOMS, CAT, and CAT Connect services. 2. Extended Staffing Bid Alternate (Mandatory) a. The Contractor was required as part of the proposal to submit an Extended Staffing Bid Alternative for certain key staff to provide the ITS Senior Coordinator and Planning, Mobility Management, and Contract Management/Planning functions. The Contractor will allocate all costs for the Extended Staffing Bid Alternate will be separated on the Cost Proposal Form. b. The County may provide the extended staffing positions at a future date. The Contractor will retain the existing staff positions until such time that the A-5 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services County decides that it will hire each position (a Mobility Manager, Planner and Senior ITS Coordinator). The parties agree to Administratively amend in writing Exhibit B to reflect the deletion of these positions if the County decides to staff those positions. 3. Value Added Proposal Alternate a. The Contractor has summitted a proposal that will provide greater value and provide innovative options for transit services. The value added proposal options leverage technology, best practices, or other resources that can improve the quality, access, safety, frequency, suitability, environmental impact, and transit experience within the budget of this project. The County has elected to accept the value added proposal option set forth below and the cost outlined in Exhibit B — Fee Schedule has been absorbed by the Contractor with the serviced provided at no additional cost to the County. i. Rider's Choice Transit Coordination ii. Transportation Network Companies (TNCs) 2.1. Service Area, Service Times and Fleet CAT and CAT Connect provide transit service to the entire geographical area of Collier County. The Contractor is encouraged to propose optional transit alternatives to provide access to neighboring counties to encourage regional access for Collier County transit patrons. CAT currently operates 18 fixed routes; 1 seasonal route and 1 express route. Special fixed routes are provided from time to time to meet certain transit demands and purposes. Current fixed route operations are about 216 hours per day Monday through Saturday and about 108 hours per day on Sundays. CAT currently has 27 Gillig Transit buses and 1 Freightliner bus allocated for the fixed route system which will be provided for use by the successful contractor. One bus is being leased to Lee County to operate the LinC, which is a route connecting the two systems. CAT Vehicle Inventory synopsis is listed below, and a full vehicle inventory are attached: Size (In Feet) # of Vehicles <30 1 30 11 35 10 35 (Hybrid — 2 Diesel/Electric) 40 3 Total 27 A-6 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CAT service is provided seven days a week from approximately 4:00 to 20:50 from Monday through Sunday (depending on the route). The ADA required service area encompasses areas within 3/4 mile of local bus routes. CAT Connect ADA operates service hours for those eligible persons with a disability whose trip origin and destination are within 3/ mile from a local bus route. CAT Connect ADA Service times are comparable to the Fixed Route Bus times. Transportation Disadvantaged (TD) funds are utilized to serve areas beyond the ADA corridor and are limited based on vehicle and funding availability. Hours of operation for TD trips pick up may be as early as 04:00 and the latest pickup time may be as late at 18:00. Expanded hours for the Transportation Disadvantaged (TD) service may be implemented as funding and support becomes available. Addition demand response transit services may be implemented as programs are developed. Service area and service times will be coordinated with the Contractor and PTNE Transit Manager. If the CAT service hours changes as part of a planned CAT local bus adjustment, the CAT Connect ADA service hours may change accordingly and CAT Connect ADA public materials will be modified by PTNE. The CAT Connect TD service hours may also be modified by PTNE during the term of this Contract. Service times for demand response transit will be determined when programs are implemented. A combination of County furnished vehicles and supplemental contractor furnished vehicles shall operate the CAT Connect Service delivery in the Service area. PTNE staff will notify the Contractor's personnel of any temporary changes to bus schedules for special events. For emergencies (ex.: hurricanes, fire, etc.), PTNE will notify the Contractor's management team of any changes required in CAT & CAT Connect hours of service in response to the emergency or in order to provide assistance with the emergency efforts. Special Fixed Route Services route and times will be coordinated with the Contractor and approved by the PTNE Transit Manager. Holiday Service: The Contractor shall not provide regular fixed route and CAT Connect services 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 Reduced level of service may be operated for the above-mentioned holidays as directed by PTNE. A-7 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services MV Transportation, Inc Brandi LaFoy Contracts Administrator brandi.lafoy@mvtransit.com 712-764-3754 March 26, 2019 Sandra Herrera Procurement Contracts Manager Collier County Procurement Services Division 3295 Tamiami Trail East, Building C2 Naples, FL 34112 Re: Professional Services Agreement#18-7382 Dear Ms. Herrera, Enclosed please find one (1) signed original and one (1) additional signature page of our Agreement. Please sign each original, retain one (1) for your records, scan a copy to brandi.lafoy@mvtransit.com and forward one (1) fully executed original to the address below. Also enclosed for your file is the executed Certification Regarding Lobbying & Debarment. If you have any questions,please contact me at (712) 764-3754. Please note that the enclosed MV signature pages are to be held in escrow pending MV's receipt of your executed signature pages. Sincerely, Brandi LaFoy Contracts Administrator Enc. (2) Agreements (2) Certifications 2024 COLLEGE STREET I ELK HORN,IA 51531 2.2. Fraud 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 & CAT Connect 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 CAT Connect 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 additional written instruction issued by PTNE. f. Documented instances of any item stated above shall result in non-payment for associated services. Upon verification of any fraudulent practice, PTNE may prosecute to the full extent of the law and pursue any other remedies provided under this contract by law. 2.3. Licenses, Permits, and Work All work performed by the Contractor must fully comply with all federal, state and local licensing and permit requirements. The Contractor is responsible for obtaining and maintaining all appropriate licenses and permits needed to fulfill the terms of the Contract. This includes all licenses and permits required to install, maintain and operate equipment within the facility, as well as the licensing of all personnel employed or hired by the Contractor to perform maintenance and repairs services under this Contract. The Contractor shall not be limited to the local, state and federal rules and regulations stated in this Scope of Services. Collier County shall not be held liable in any way for the Contractor's failure to obtain and/or hold any relevant licenses or permits. 2.4. Contract Termination or Conclusion At the conclusion of the Contract, the Contractor shall work with the County, the incoming Contractor, PTNE and/or a third-party Contractor to achieve an efficient and non-disruptive transition of all services, including but not limited to administration, personnel, Subcontractors, vehicles, supplies and equipment. The outgoing Contractor shall behave in a professional and courteous manner throughout the transition period. The outgoing Contractor shall cooperate and make any and all 1) PTNE-furnished inventory, property and equipment available for inspection, and 2) work up to the last service pull-in on the date of the Contract conclusion or termination. A-8 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services The outgoing Contractor shall risk loss of payment for the last month of performance for any act of lack of cooperation, neglect, vandalism or recklessness, and may be assessed any costs incurred by PTNE or the incoming Contractor for returning any PTNE owned-furnished property or assets back to original working condition, to include repairs and replacement. PTNE has sole discretion for determining assessment charges. 2.5. Continuity of Service Contractor's Responsibility- The Contractor recognizes that the CAT & CAT CONNECT Services under this Contract are vital to Collier County and must be continued without interruption and that upon Contract expiration, a successor, may continue them. The Contractor agrees to exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor. The Contractor shall make available necessary personnel records and allow the successor to conduct onsite interviews and/or testing with these employees. If selected employees are agreeable to the changes, the Contractor shall release them on a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. Should employees being transferred be required to undergo training, the Contractor shall work with the successor to schedule agreeable dates and times when employees will be allowed to attend training sessions. 2.6. Contractor Supplementary Expenses The Contractor will be responsible for these expenses: • Marketing Expenses - Staffing for parades and static vehicle displays, decorations, candy for parades, • Bus Body Work -The Contractor is responsible to repair damages from accidents. • Towing - during operational events such as breakdowns and accidents. • Bus wash and cleaning cost - Soap, chemicals, and miscellaneous supplies. • The Contractor shall provide all toll tags and administration for the CAT & CAT Connect Services. The Contractor shall be responsible for all toll tags, toll charges and fines associated with toll tag usage. 3. Transit Operations Management Services Department(TOMS) The Transit Operations Management Services department will operate as a complete brokerage system to coordinate transportation services to provide reliable value-added transit services for all patrons in Collier County. Collier Area Transit operates both fixed route and demand response transit services (ADA CAT Connect and TD). The TOMS department manages all administrative functions for call center, scheduling and dispatch, customer relations, eligibility, transit coordination, administration, and technology. PTNE is committed to create innovative transit options for the patrons of Collier County that will provide improved access, frequency, A-9 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 'CAO ti safety and convenience for passengers; provide more value or efficiencies for Collier County for saving money or increasing service levels; improving the overall transit rider experience; and, demonstrate greater safety for transit. The Contractor shall be prepared to provide all resources necessary to reconcile all fare revenue collections, prepare deposit for pick up, CAT Connect ticket reconciliation, conduct and compile customer service surveys, retrieve data from the operating systems and analyze accordingly; reconcile all reports, review reports for accuracy, and validate all reports. The Contractor shall work with PTNE in regard to any changes to the CAT or CAT Connect 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 3.1. Staffing The Contractor shall hire personnel that are courteous and possess the expertise and professionalism necessary to perform the required duties. Call Center Agents/Representatives: The Contractor is appropriately trained and familiar about the CAT and CAT Connect service. The Contractor will ensure that call center staff are available to meet the call metrics. Dispatchers: The Contractor will provide the number of dispatchers necessary to maintain and support the functions of the call center and dispatch requirements. There will be a dispatcher trained in the related transit policies, procedures, software applications, and technology on duty 15 minutes prior to any pull-out of any fixed route or CAT Connect. A dispatcher will remain on duty up to 15 minutes after any fixed route or CAT Connect run pulls-in for the service day. The dispatch station will remain occupied during 100% of the operational day. The Contractor will be required to replace the primary dispatchers for breaks or when the dispatcher becomes not available. Scheduler: The Contractor will provide the number of schedulers necessary to maintain and support the functions of the scheduling. There will be a scheduler available to supervise the call center reservation process during all call center business hours. ITS Coordinator: The Contractor will provide the number of ITS Coordinators to manage the ITS functions to include hardware inspections and maintenance, fixed route dispatch software updates and corrections, fixed route data management, support transit planning and coordination with the ITS Senior Coordinator. The Contractor shall develop and implement policies and procedures consistent with Federal, State and Local regulations, including Collier County CMA's and Job Safety Analysis' (JSA). This should also include an anti-nepotism policy. A-10 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 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. Such policies and procedures shall be provided to the Transit Manager for review and acceptance. Failure to timely submit this may result in liquidated damages. 3.2. CAT Connect Call Center and Reservation Operations The Contractor shall be responsible for operating the CAT Connect Call Center and reservation operations to meet the following requirements. The Call Center will operate from the TOF located at 8300 Radio Road. • Open 08:00 to 17:00 Monday through Saturday except for recognized holidays. • A message line will be available after hours and on Sunday for trip requests and trip cancellations. • The message line will be checked so that all trip request for the next day made up to 1700 can be scheduled. The message line will be checked for trip request after 1700 on weekends and any trip request will be scheduled. The Contractor will have staff call the passenger to verify the trip information once the trip is scheduled. • Passengers must be able to communicate with dispatch during all service hours. During regular call center hours, the Call Center staff will facilitate communication with dispatch. After Call Center Hours, passengers will have phone access directly to the dispatcher whenever transit services are in operations. The dispatcher will facilitate cancellations, where's my ride questions, and respond to trip issues. The dispatcher will not schedule any trips after hours. • The Call Center will have adequate staff to maintain the performance measures. • The Contractor should create a staffing plan that includes enough trained CSRs are available to meet the call demand during all Call Center hours, especially during the peak times. • The Contractor is encouraged to prioritize incoming calls whereas managers, supervisors, and other staff are cross trained and available to login during peak time call periods. • A manager will be available at all times to support Call Center Operations. A manager will be onsite Monday through Friday during Call Center Hours. The manager will have the ability to access technology remotely to assist with afterhours and weekend issues. • All passenger trips will be scheduled to a run at the time of booking. Some trips may be left as unscheduled status when a solution is not obtained by the scheduling software. No more than 8% of trips may be left unscheduled for any day. Percentage will be evaluated every six months and may change depending on performance. • The Call Center will schedule trips, process cancellations, provide passenger training and answer questions, facilitate coordination of information between dispatch and passengers. A-11 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • • The Call Center staff will communicate scheduling availability with the Scheduler to determine when additional runs should be added to the CAT Connect service. • The Call Center staff will adhere to the PTNE Complaint Resolution Policy and Procedure. • PTNE allows will-call trips, when patrons have missed their return trip only. The status of the trip will be changed to No Show- Return. An additional trip will be created with a Will-Call Status. When the passenger is ready, the return trip will follow the Negotiated Trip Scheduling procedure. • 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. 3.3. CAT Connect Dispatching The Contractor shall be responsible for operating the CAT Connect dispatching operations to meet the following requirements. Dispatching will operate from the TOF located at 8300 Radio Road. • The Contractor will have at least one dedicated dispatcher for CAT Connect operations Monday through Saturday. A single dispatcher can be assigned for both CAT Connect and fixed-route on Sunday. The Sunday scheduling is subject to change if service levels for CAT Connect or fixed-route increase. Additional dispatch staffing requirements will be increased if service levels increase or the dispatch staff are not able to handle the demand of the position. • Any dispatcher assigned for CAT Connect services must be fully trained and experienced with demand response transit procedures, software, communication systems, and hardware systems. A manager will be available at all times to support dispatch operations. The manager will either be onsite or have the ability to access technology remotely. • A qualified dispatcher will be staffed starting 15 minutes before the first CAT Connect bus pulls out for service and at least 15 minutes after the last bus pulls-in for the service day. The Contractor is encouraged to cross-train CAT Connect dispatchers and fixed-route dispatchers. The Contractor is encouraged to co-locate the CAT Connect and fixed route dispatchers to allow the two dispatchers to support each other's work. • The Dispatcher will direct all driver operations and will be the primary authority while the driver is in revenue service. All drivers will be required to follow the Dispatcher directions. Dispatchers will report any driver issues to the manager on duty to resolve. • 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. A-12 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services S • The Contractor is required to mark demand response transit trips as Completed, No- Show, No-Show Return, and Cancel as defined in the Glossary. 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. o 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 to not inaccurately assess a suspension to a patron. o The Contractor will be assigned Liquidated Damages where any trip is inappropriately categorized as a No-Show, Cancel on Arrival, Late Cancel, Missed Trip, Same-day Cancel, or Cancel. o The Dispatcher will document and create incident reports for all Late-Trips, Missed Trips, and unusual Trip Events. The Contractor will maintain the documentation in a dispatch log and report the activity daily to the Transit Manager. o The dispatcher will evaluate all late trips to determine the cause for the late trip. 3.4. Scheduling The Contractor is required to hire and train Schedulers that are capable of adhering to the following functions and responsibilities: • The Scheduler will maintain oversight of the optimization process. The schedule will ensure that future days will be optimized as efficiently as possible. • The Scheduler will supervise Call Center Agents scheduling trips, assist with questions, and maintain oversight of the full scheduling process. • The Scheduler will review the schedules for at least 2 service days in the future and improve efficiencies with trips as best as they are able. • The Scheduler will be responsible to ensure that no more than 8% of trips per day can remain unscheduled at the close of the scheduling process for each day. • The Scheduler will open additional runs for trip scheduling to ensure that no more than 8% of trips are unscheduled. • The Scheduler will remove certain runs when demand is not adequate to keep the run efficient and the total trips unscheduled remain under the 8% unscheduled requirement. • The Scheduler will close certain runs when driver staff is not available to deploy to the run. The Scheduler will document the circumstances why the run is being closed. The scheduler will then assign the trips to other runs as they are best able. A-13 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • A Manager will be required to approve the closure of any run. The Transit Manager will be notified within 24 hours of any run closure. The Contractor will be assessed liquidated damages for any closed run due to staffing shortages. The Contractor will be assessed liquidated damages when unscheduled tips exceed the 8% requirement of unscheduled trips the start of any service day. Passengers will schedule trips within one of any of 3 timing preferences defined below: • Drop-off Timing Preference: The drop-off timing preference will be used by passengers when the passenger has a specific time that they need to be at a location. The passenger will provide the requested time that they need to be at the location. The bus will arrive within a one or two-hour window prior to that Drop-Off requested time, depending on the service area of the trip. The Contractor will be required to schedule the trip to allow the bus to arrive at the pick-up stop location, board the passenger, travel to the drop-off stop location, and alight the passenger prior to the requested drop-off time. Medical and work trips also are required to be dropped within a drop-off window. The drop-off window does not allow the passenger to be dropped more than 30 minutes before the requested drop-off time. The passenger may be dropped between 30 to 0 minutes prior to the requested drop-off time. The trip is considered late when the passenger is dropped more than 1 minute later than the requested drop-off time. The maximum time the passenger is allowed to travel on board the bus is one hour or two hours depending on the service area minus the time to board and alight the passenger. • Pick-up Timing Preference: The pick-up timing preference will be used by passengers when the passenger has a specific time when they need to be picked- up at a location. The passenger will provide the time when they are first available for pick-up. The bus will arrive no earlier than the requested pick-up time. The Contractor is responsible to schedule the trip for the bus to arrive at the location no earlier than the requested Pick-up time, board the passenger, travel to the drop-off location, alight the passenger within one hour or two hours of the pick-up time depending on service area of the trip. The trip is considered late when the passenger is dropped at the drop-off location more than 1 minute greater than either the one hour or two-hour times depending on the service area of the trip. • Negotiated Timing Preference: The negotiated timing preference is used by passengers when they have more flexibility with scheduling their trips or when the passenger would like more control of the trip process. The Contractor is also encouraged to use the negotiated timing preference to alleviate trips scheduled during peak times and for will-call trips. For negotiated trips, the passenger will provide the Requested Time for pick up. This is a flexible time the system uses as an index time to search for trip solutions. Trip solutions will be calculated within a Search Window of 1 hour before the Requested Time and 1 hour after the requested time. The passenger will be offered the trip solutions created by the scheduling system. The passenger will agree to a certain trip solution. The pick- up time of the selected trip will then become the Negotiated Time for the trip. The Negotiated Time will be the earliest time that the bus can arrive to the pick-up A-14 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • stop. The bus can arrive in a zero to 30-minute pick-up window based on the Negotiated Time. The bus is considered late if it arrives more than 1 minute later than the end of the 30-minute Pick-Up Window. The maximum time that a passenger can be on board the bus is based on the On-board Factor or 1.5 times the duration of the actual trip time. The factoring allows for the trip to be prorated for on-board time to allow reasonable trip durations for shorter trips and becoming truer to the 1.5 times factor the longer the trip is, as demonstrated in the illustration. Examples(in miles).with OnboardFactor of 1.5: Trip Dist. MaxOnboardDist. ,i 1 28,2 5 .5 0 15 46 46.5 c 30 63.3 - 60 101.3 74 120 183.8 Trip distance 3.5. Verifications The Contractor will be required to verify that all information recorded for all trips will be recorded accurately. The Contractor will be required that to record the arrival and departure times for all stops, the mileage information for all trips and loops, the faring information, and other pertinent information. The Contractor will be responsible to ensure the information is free of fraud and as error free as possible. The Contractor is responsible to alert PTNE of any errors in data when the Contractor becomes aware of the issue. 3.6. Transit Coordination and Brokerage Services • The Contractor will coordinate with private and public providers to create a regional network of transit providers that will provide greater access to all transit resources. • The Contractor will provide Transit Operational Management Services support for transit vendors contracted with Collier County. • The Contractor will develop new and existing transit services to meet the needs of passengers to access the most affordable transit options. • The Contractor will maintain transit management and oversight of Collier County contracted transit vendors: The Contractor will maintain TOMS oversight of any vendor contracted with Collier County to provide transit services: • Call Center Service and Reservations: All CAT Connect reservations will be facilitated through the Call Center. A-15 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Rider's Choice Scheduling: PTNE wishes to contract with a network of transit providers to allow passengers choice. The Contractor will provide TOMS support to facilitate this scheduling. • Scheduling: Runs specific to each Collier County Contracted Transit Vendor will be created to schedule certain trips that the Transit Vendor is contracted to perform. The contractor will be responsible to schedule trips for the benefit of the Transit Vendors in an efficient and effective manner. The Transit Vendors will be approved to integrate technology to create an interface with CAT Connect technology at their own expense. Transit Vendors may also purchase additional licensures and hardware through the existing software and hardware for CAT Connect. • Dispatch: The Contractor will be responsible to dispatch or have oversight of the trips assigned to Transit Vendors if needed. • Verification and Billing: The Contractor will be responsible to verify all CAT Connect in the same manner as Contractor provided CAT Connect or TD Trips. The Contractor is responsible to generate the invoices for the Transit Vendors. The Contractor will be required to coordinate with the Transit Vendor regarding payments to ensure that each agree on the final invoice information. The Contractor will determine passenger mode of transit to access alternative transit options: o Determine the passenger's need to have an escort door to door. o Determine the passenger's ability to traverse to and from the bus independently. o Determine the passenger's ability to participate in the Rider's Choice program. o Evaluate all vulnerable passengers to determine transit capabilities and transit alternatives. 3.7. Fixed Route Customer Service and Fixed Route Call Center The Contractor will have fixed route customer service assistants at Transit Operating Facility during hours for Monday to Saturday 06:00 to 18:00 and CAT Intermodal Transfer Facility Monday to Sunday 06:00 to 18:00. The duties of the assistants are to: • Answer questions • Sell Fares • Administrate the Bike Locker Rental program • Ensure safe access to the TOF • Resolve issues with coordination of bus transfers • Coordinate with fixed route dispatch • Ensure that buses are departing on time • Assist passengers with boarding A-16 1418-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Maintain the general cleanliness of the TOF Passenger Waiting Area • Resolve complaints 3.8. Fixed Route Dispatch The Contractor will have a dedicated dispatcher for fixed route operations Monday through Saturday. A single dispatcher can be assigned for both CAT Connect and fixed-route on Sunday. The Sunday scheduling is subject to change if service levels for CAT Connect or fixed-route increase. Additional dispatch staffing requirements will be increased if service levels increase or the dispatch staff are not able to handle the demand of the position. • Any dispatcher assigned for fixed route services must be fully trained and experienced with fixed route procedures, software, communication systems, and hardware systems. • A manager will be available at all times to support dispatch operations. The manager will either be onsite or have the ability to access technology remotely. • A qualified dispatcher will be staffed starting 15 minutes before the first fixed route bus pulls out for service and at least 15 minutes after the last bus pulls-in for the service day. • The Contractor is encouraged to cross-train CAT Connect dispatchers and fixed- route dispatchers. • The Contractor is encouraged to co-locate the CAT Connect and fixed route dispatchers to allow the two dispatchers to support each other's work. • The Dispatcher will direct all driver operations and will be the primary supervisor while the driver is in service. All drivers will be required to follow the Dispatcher directions. Dispatchers will report any driver issues to the manager on duty to resolve. • The fixed route dispatcher will monitor the operation and respond to events where drivers run early, run late, late for connections, missed stops, missed loops, technology and hardware issues, or other negative events. The Contractor will have standardized operating procedures to respond to and mitigate the effects of the events. The Contractor will document the circumstances of each of these events and provide a daily log report to the Transit Manager. 3.9. Transit Planning & Meetings The fixed route schedule changes twice per year to respond to changes in demand and traffic congestions. This allows changes to the fixed route service on a regular basis to adjust times and route. PTNE welcomes input from the Contractor to improve the service. The Contractor is responsible for providing recommendations related to service. This shall include but not limited to; bus routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, assist PTNE staff in the preparation of all planning documents, cost estimates and other such activities relative to overall system administration. The A-17 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services f O Contractor will be required to maintain service information necessary for all FTA review, including all FTA Triennial Review information. Service information pertaining to the Triennial review must be maintained in a paper and electronic filing system sorted by the general areas of review as shown in the FTA Triennial Review Workbook. The Contractor will be required to maintain service information necessary for all NTD review, including NTD Monthly & Annual Reporting as well as required sampling. Upon request of PTNE, the Contractor shall at its own expense attend meetings to provide information concerning the transit system including but not limited to: Local Coordinating Board, Public Transit Advisory Committee, Board of County Commissioners, or as otherwise requested by PTNE. The Contractor shall assist PTNE, as needed, in the coordination and promotion of public meetings. This will include coordinating with PTNE staff as requested in the preparation of public meetings, attendance to public meetings and assistance in preparing and posting notifications of meetings at bus stops, park and rides and transfer centers. The 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 its 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. The Contractor will be responsible to identify opportunities to partner with other agencies to provide transit services when the Contractor capacity is limited. The Contractor is required to develop other transit opportunities that would provide greater transit value to Collier County Transit Patrons or saves money for the county. The Contractor shall be responsible for identifying upcoming funding needs for the system and providing recommendations for pursuing federal, state and local grants on a quarterly basis. The General Manager representing the Contractor and the PTNE Director and Transit Manager representing the County shall meet regularly to discuss services. 3.10. Intelligent Transportation System Coordination The Contractor shall be prepared to provide all resources necessary to troubleshoot and plan for the intelligent transportation systems. Existing intelligent transportation systems include Fare Logistics/Trapeze, Route Match, Avail (Automatic Vehicle Locator & Voice Annunciator), Zonar, Google Transit. PTNE anticipates implementation of a mobile ticket and itinerary application development (by a separate vendor) soon. It is anticipated that the Contractor shall assist in the planning and implementation of future ITS systems, including but not limited to,transit signal priority, closed mic, mobile app development, real time Google Transit feed, demand transit dispatch applications, and other transit related application. A-18 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services (iAO Failure to maintain the ITS system in an operable state may result in the removal of personnel. 3.10.1 Technology: The County will own the capital for all technology introduced as part of the contract that collects data utilized for the operations of the service. This arrangement will allow the County access and utilize applicable data after the termination of the contract with Contractor. Contractor will be responsible for any regular maintenance cost associated with the software. The following technology is included in the proposal and will be implemented as part of the 30-day Transition Plan: • RouteMatch; o Automated Certification o Incidents, Accidents & Complaints o Pre/Post Inspection o Mobility Management Module (one-year Pilot) • Optibus • Transit Miner • SMS Texting Solution • Zonar • Syncromatics (Bid Alternate for future use) 3.11. Mobility Management, Travel Training, and Transit Outreach (Bid Alternate) The Contractor shall be prepared to provide all resources necessary to developing and implementing mobility management plans, travel training and coordinating all aspects of CAT Connect application, eligibility and assessments. PTNE representatives may observe the Contractor's operation to monitor compliance with the Contract performance standards. Failure to operate in the patrons' best interests may result in the assessment of liquidated damages and/or the removal of personnel. PTNE has established the following operating standards to which the Contractor shall meet or exceed within the first 6 months of the start- date of the Contract: • All CAT Connect applications must be processed within 21 days of receiving a complete application. • Recertification of CAT Connect passengers shall be conducted every 3 years. • Develop and implement a short form for renewal of passengers with confirmed permanent disabilities that should not be required to get a medical verification. A-19 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Maintain or improve the passenger assessment program within 6 months of the Contract. • Develop and begin implementation of a travel training program from the start of the Contract. • Develop a plan to transition customers from CAT Connect to fixed route within 6 months of the start of the Contract. The plan shall include developing a monthly list of potential customers that are candidates to transition from CAT Connect to fixed route service and conduct travel training with the individuals. • Attend monthly meetings to educate staff, customers and agencies on mobility options Coordinators shall be responsible for developing and implementing mobility management plans, travel training and coordinating all aspects of the CAT Connect application, eligibility and assessments. 3.12. Property, Office Space, Computers & Equipment The Contractor is responsible for the preparation and administration of all documentation associated with operation of the fixed route, CAT Connect services, and Call Center Operations. 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 be the responsibility of the Contractor shall be repaired or replaced at the expense of the Contractor. PTNE will be responsible for purchasing office equipment and cost for equipment repair in meeting system and administration responsibilities. PTNE shall provide and pay for the following utilities: electric, water and sewer and local telephone. Employees who require long distance access will receive an individual pin code, which will be tracked for billing purposes. The Contractor shall be responsible for the day to day costs associated with performing these functions, including, but not limited to: printing supplies, daily office inventory supply items, etc. A-20 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Office Space & Common Area- The County shall provide a Customer Support Office- at the Transfer Station located at Parking Garage 2 on the Collier County Government Campus. The County shall provide office space for the TOMS administrative staff at the CAT Ops facility located at 8300 Radio Road. Computers &Equipment-All CAT& CAT CONNECT business shall be transacted via Collier County email and saved on the Collier County provided networks. No employee shall have any expectation of privacy for any item that is produced, transmitted, saved, etc. utilizing County resources. Computers and related operating equipment are located at the following sites: • Transfer Station located at Parking Garage 2 —one computer to be connected to the Collier County network will be provided. Access to a shared printer(black and white) is also available. Limited copying services may be available at this location. • Radio Road Administration & Operations Building — Computers to be connected to the Collier County network will be provided. Computers to be connected to the Avail network will be provided. Access to various shared printers and copier shall be available. 3.13. Collection of Fares All operating revenues collected by the Contractor are the property of Collier County, including but not limited to farebox receipts, ticket and pass sales revenue, advertising revenue and rental fees. Fixed route vehicles shall be vaulted on a daily basis at the end of revenue service. CAT Connect fares (tickets, cash or checks) shall be validated and turned in at the end of each shift. The Contractor will be expected to collect the required fare at the time of boarding. If the passenger refuses to pay his/her fare the passenger will not be transported. If it is found that the selected vendor is allowing passengers to ride without paying the required fare, the outstanding fares will be deducted from the amount of the next invoice. For CAT Connect service, where the passenger paid for the first leg of the trip but refuses to pay for the return trip, the operator should be instructed to transport the passenger home but must advise the passenger that he/she will not be eligible for the future transportation until the outstanding fare is paid. CAT Connect passengers may: • Pay the fare with exact change, tickets or check on each ride. • Pay the fare with exact change, tickets or check for both ways on their first ride. • Purchase tickets for the value of the passenger's co-pay in advance at CAT Operations facility 8300 Radio Road, Naples FL or at Collier Area Transit Transfer Station at the Government Center Fare Collection: PTNE representatives may observe the Contractor's revenue reconciliation operation to monitor compliance with the Contract performance standards. Failure to operate A-21 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services (- (l the reconciliation operations safely and securely may result in the assessment of liquidated damages and/or the removal of personnel. • All revenue reconciliation must be completed with 2 individuals present in accordance with policies and procedures. • Separation of Duty • Error mitigation 3.14. Customer Administration Customer Comments - The Contractor will follow the established Complaint Resolution Procedure to identify, document and resolve all complaints. All Customer Comments will be reviewed by the management of the Contractor. The Contractor will follow the policy notification procedure to ensure that the County, agencies, and patrons have due process for all complaints. The Contractor will determine when comments should be resolved by the Complaint Resolution Procedure. The Contractor will maintain a log of all comments. A copy of every customer comment and incident report shall be kept in each employee file. The Contractor shall be responsible for changing procedures, retraining personnel and reassigning personnel as necessary to correct any service issues. Lost and Found- The Contractor shall develop a "Lost and Found" procedure and log to record and inventory all pertinent information and the efforts the Contractor has made to return any lost items. This shall also include monitoring bicycles at facilities to determine if they have been abandoned. The Contractor should make reasonable efforts to identify the person whom the item belongs to and proactively contact these persons. The Contractor is to retain all lost items in a secure location at the TOF. Items can be reclaimed by passengers at the TOF located at Radio Road. The Contractor should send items with drivers if a passenger will be transported by that driver during the day. After 90 days any items not claimed will be donated to a non-profit organization or disposed of. Media Plan - The Contractor shall direct all media contact to PTNE. The Contractor is not to release any information to the media directly. Any request for information will be coordinated by PINE. The Contractor will not allow the media access to staff, facilities or equipment without PTNE approval. 3.15. Contract Compliance, Data Management & Reporting Timely and accurate reports and records will be submitted to PTNE. PTNE views statistical reporting as a critical element of effective service planning, service quality evaluation, and policy development. The Contractor shall be responsible for ensuring that all data is captured and stored for the term of the contract and throughout any transition period. The data must be kept in a format acceptable to PTNE. It is the Contractor's sole responsibility to ensure compliance and conformance. All data systems must be reviewed and approved by PTNE in advance of the start of the contract. It is, therefore, deemed important that the Contractor assign staff with the qualifications and time to edit files, create and evaluate reports. The following guidelines are provided as basic information regarding the nature of reports that A-22 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services will be required during the course of this contract. PTNE from time to time may require changes in forms, record keeping and/or reporting procedures to serve the needs of the agency. 3.15.1. Reporting The following reports shall be completed on a daily basis and maintained on file for inspection: • Daily pre-trip and post-trip inspection forms • Preventive Maintenance scheduled and unscheduled inspections & reports • Road call reports (service interruption) • Safety inspection reports • Scheduled and unscheduled maintenance for Contractor owned vehicles and equipment The following reports shall be due to the PTNE Transit Manager daily by 9 a.m. in coordination with the Scheduling and Dispatch Contractor: • Fleet status report • Total number of buses (in service) with inoperable wheelchair lifts identified by vehicle number. • Farebox problem, tampering, vandalism, etc. by bus number. • Number of deviations by bus and run (for prior day) The following reports shall be due to the PTNE Transit Manager as necessary: • Accident • Incidents • Facility Damages/Lost/Stolen • Equipment Damages/Lost/Stolen • Early or Late Service • Service Interruptions/delays • Missed trips • MDT, silent alarm and/or radio downtime The following reports shall be due to the PTNE Transit Manager as necessary: • Backup Staffing Plan • Employee New Hire/Changes • E-Verify • Training Verification A-23 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Badge Access Agreement • Computer Use Agreement • Key Agreement The following reports shall be due to the PTNE Transit Manager monthly by the 15th of each month (covering the month prior): • Invoice o Inclusive of all grant backup materials. • Safety Report — Summary of all accidents and incidents (preventable & non- preventable) including: o One location map showing all incidents & accidents (Location map must delineate each incident as a County-owned vehicle and non-County- owned vehicle. o Injuries o Recommendations to improve safety • Training Report including documentation, certifications and upcoming safety programs • Operator Refresher/ Remedial / Recertification Training • Ride Check Summary Report • Employee Information (including trainees) o Include employee positions by department and classification o Training Validation o Background Checks o Motor Vehicle Reports o Position Vacancies o Required Positions • Summary Report for drug and alcohol screening results for all safety sensitive positions, including time and date testing was completed. o Pre-employment o Post-Accident o Random o Reasonable Suspicion o Return to Duty • Total supervisor hours driving routes. • Fixed Route Operations to include: A-24 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services o Road calls • Major and minor mechanical failures (by bus number and run number) • Total miles between failures • Route Information in coordination with Customer Service/Scheduling Contractor including: o On time performance o Passengers o Passenger trips (Total Weekday, Total Saturday, Total Sunday) o Revenue o Miles (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Hours (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Passengers (Per Mile & Per Hour) o Revenue (Per Mile & Per Hour) o Daily Information in coordination with Customer Service/Scheduling Contractor including: • Total Revenue Hours • Total Deadhead Miles o Bus Stop Conditions including repairs o Information Necessary to Complete the Monthly NTD Reports • CAT Connect Operation to include: o Road calls • Major and minor mechanical failures (by bus number and run number) • Total miles between failures o The following items shall be provided: 3 separate reports shall be provided, the first shall be for County-owned vehicles, the second shall reflect non-County owned vehicles and the third report shall combine the statistics for all vehicles: o # of Days of Service o Passenger trips (Total Weekday — ambulatory & wheelchair, Total Saturday — ambulatory & wheelchair, Total Sunday — ambulatory & wheelchair) (One Way, Total Guest, Total Escort) o Revenue A-25 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services C o Miles (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Hours (Revenue, deadhead, total) (Total Weekday, Total Saturday, Total Sunday) o Passengers (Per Mile & Per Hour) o Revenue (Per Mile & Per Hour) o Cancels o No Shows o Fares Collected o Ticket Sales o Percentage of Cancelled trips to the total number of trips o Percentage of No Shows of Total number of trips o On-time performance o No Show/Late Cancellation Suspensions broken out by 1st offense, 2nd offense, 7, 14 & 30-day suspensions. o Information Necessary to Complete the Monthly NTD Reports The following reports shall be due to the PINE Transit Manager quarterly by the 15th of each January, April, July & October(covering the prior quarter): • Bus Stop Conditions including pressure washing schedule • Bus Stop Request Evaluation • Upholstery Steam Cleaning Certification for all vehicles • Upcoming Federal, State or Local Grant Opportunities • Active Driver Roster Including: o Driver's Name o Address o Date of Birth o Date of Hire o Driver's License Number o Expiration Date o Training Dates o Latest D&A test o Background Check Review Date o Motor Vehicle Record Review Date A-26 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Active employee list The following reports shall be due to the PTNE Transit Manager annually as noted below in coordination with the Scheduling & Dispatch Contractor: • NTD Report (By December 15 — covering the prior fiscal year— October through September) • Annual Operating Report (By August 1 —covering the prior State fiscal year—July through June) • Annual Safety Certification (By January 15 — covering the prior calendar year — January through December) • MIS Report (By February 15—covering the prior calendar year—January through December) • Vehicle Maintenance Program — due by July 1 of each year • Annual update of the SSPP — due by November 1 of each year • Annual update of the SSEPP — due by November 1 of each year • EEO Program —due by January 15th of each year 4. Fixed Route Service (Current- at the time of award the information related to services were "current") Collier Area Transit(CAT) currently operates a total of 18 routes; 1 seasonal route, and 1 express route. Special fixed routes are provided from time to time to meet certain transit demands and purposes. Current operations are about 216 hours per day Monday through Saturday and about 108 hours per day on Sundays. CAT currently has 27 Gillig Transit buses allocated for all routes and will be for use by the successful contractor. One bus is being leased to Lee County to operate the LinC, which is a route connecting the two systems. CAT service is provided seven days a week from 4:00 am to 8:50 pm from Monday through Sunday (depending on the route). Regular fixed route and CAT Connect services are not provided on major holidays, including Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, U.S. Independence Day, or Labor Day. Special fixed routes will operate as scheduled unless cancelled by the PTNE Transit Manager. Currently all buses are parked at the Transit Operations Facilities (TOF) located on Radio Road but not all routes begin at that location. Some routes will be required to operate deadhead trips at the beginning or end of the route. Drivers who begin or start their shift during the afternoon while a route is in service may be shuttled back and forth from TOF to access their vehicle in the employee parking area. Additional TOF locations are planned to be constructed in the county area that will reduce deadhead time and mileage. The Contractor will be required to assign drivers and driver supervisors to additional transit facilities as the facilities become operational. The Contractor shall monitor and resolve all operational issues regardless whether it stems from vehicles, drivers and or patrons. A-27 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services C r1Q The Fixed Route contract was awarded based on a rate per Revenue Vehicle Hour (RVH). The following are the historical annual Revenue Hours of service for Regular Fixed Route Services the Contractor: Fiscal Year Revenue Hours FY15 70,310 FY16 72,119 FY17 72,018 The current fares for the CAT System can be obtained at www.qoCATbus.com. PTNE reserves the right to change fares as needed. Special Fixed Route may be requested by PTNE, this service shall be added to the invoice at the rate of a normal revenue hour. The Contractor shall be prepared to provide all resources necessary to operate the estimated number of revenue hours. 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. Only firms that could offer and maintain the highest service delivery standards and quality were considered for this contract. PTNE has high expectations of the Contractor and requires that the Contractor is committed to performing all services to the goals and performance measures established. Moreover, Performance Incentives are established to reward the Contractor when goals are achieved. Performance Disincentives are applied when the Contractor fails to achieve the goals. The possible disincentives escalate for each month that the Contractor does not correct the performance measure that is below goal. 4.1. Staffing The Contractor shall develop and implement policies and procedures consistent with Federal, State and Local regulations, including Collier County 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. Such policies and procedures shall be provided to the Transit Manager for review and acceptance. Failure to timely submit this may result in liquidated damages. The Contractor shall hire personnel that are courteous and possess the expertise and professionalism necessary to perform the required duties. Supervisors: The Contractor will provide the number of supervisors necessary to maintain oversight of driver check-in (fitness for duty check), vehicle inspections, pull-out operations, revenue operations, accident and incident events, pull-in operations and vehicle cleaning operations. Contractor's Management shall be on site at the prior to the start of service to observe employees and their fitness for duty. A-28 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Drivers: The Contractor will provide the number of drivers necessary to staff all fixed routes plus the required back-up/extra board drivers. The number of drivers assigned to routes and runs will be determined based on the demand and not by any predetermined run cut. The fixed route driver deployment will meet the driver requirements needed to operate the fixed route service. The staffing schedule must be set at least one day prior to the service day. Failure to have a driver assigned to each fixed route, CAT Connect run, and back-up driver requirement will result in liquidated damages assessed. The back-up/extra board drivers are in place to mitigate the effects of driver-call outs. Back-up/Extra Board Drivers: The Contractor shall ensure that appropriate level of back- up/extra board drivers is available to ensure continuity of service. The Contractor will ensure that a minimum of 1 back-up driver is assigned per every 15 drivers scheduled for the service day. The number of back-up drivers will be prorated up to the next equivalent number of drivers. For example: When 1 driver is scheduled for a service day, at least 1 back driver will be scheduled. When 16 drivers are scheduled for the morning shift of the service day, at least 2 back up drivers will be scheduled and so on. The Contractor will assign back-up drivers in the same manner if multiple shifts are scheduled for the service day. Thus, the Contractor will be required to staff back-up/extra board drivers for both the morning and afternoon shifts. Back-up/Extra Board drivers will be required to be at the TOF at the start of the shift and remain at the location for up to two hours unless assigned to a run/route. 4.2. Schedule Distribution The Contractor shall be responsible for the distribution of schedules at various locations around the County. The locations shall be approved by PTNE in advance. Furthermore, the Contractor is responsible for maintaining an inventory of schedules and providing the County with sufficient notice for preparing and printing these items. 4.3. 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 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 be responsible for ensuring doors are secured each night. The Contractor will be assessed a liquidated damage for any TOF not secured properly. The Contractor shall be responsible for all labor and materials associated with this work. 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. A-29 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 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. • 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 a quarterly 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. 5. Demand Response CAT Connect is a flexible routing, shared ride service with deviated stop points. CAT Connect currently provides CAT Connect and transportation disadvantaged Demand Response Transit (DRT) services. DRT services will be provided when transit services are designed for locations with low passenger demand or when the needs of passengers require greater assistance. CAT Connect services are provided to individuals who, because of physical or cognitive conditions, A-30 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services are unable to access the fixed route bus service or when fixed route service is not available in an area and no other means of transportation is available to an individual. Transportation Disadvantaged services are provided to those who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and rely on others to access life-sustaining actives. As an added feature to the CAT Connect system, PTNE wishes to develop a network of transit providers for a Rider's Choice program. The Contractor will administer the Rider's Choice network as part of the TOMS. The CAT Connect portion of the contract will be awarded based on a per approved CAT Connect client trip. PTNE shall not be charged additional fees for required personal care attendants or guests permissible under federal ADA provisions. Collier County will retain the ability to contract with third parties to form a Transit Network for certain trips to leverage efficiencies and cost saving. The Contractor is responsible to coordinate and/or broker trips to those providers contracted in the Transit Network. The contracts executed to administer the additional brokerage of trips will be established directly between the third party and Collier County. The Contractor is responsible to provide Transit Operational Management Support for any third parties contracted with Collier County to provide transit services. The services include but are not limited to: call center, scheduling, dispatching, fare collecting and verification, customer service and complaint resolution, invoicing, etc. The following are the historic number of trips provided to approved passengers: Year Ambulatory Wheelchair Total # of Trips (July—June) Passengers Passengers Provided to Approved Clients 2014/15 63,590 18,950 82,540 2015/16 66,957 20,292 87,249 2016/17 70,770 19,328 90,098 PTNE has high expectations of the Contractor and require that the Contractor is committed to performing all services to the goals and performance measures established. Moreover, Performance Incentives are established to reward the Contractor when goals are achieved. Performance Disincentives are applied when the Contractor fails to achieve the goals. The possible disincentives escalate for each month that the Contractor does not correct the performance measure that is below goal. The Contractor shall monitor and resolve all operational issues regardless whether it stems from vehicles, drivers and or patrons. CAT Connect Rider's Guide is available on the PTNE webpage at www.goCATbus.com The Contractor shall only provide demand response transit services for eligible patrons in the CAT Connect service area who are properly certified by PTNE and are enrolled in CAT Connect's program. CAT Connect currently operates Route Match operating system on version 6.2.31. PTNE may change to an alternate Demand Response Transit Scheduling and Dispatching application sometime in the future. The Contractor will coordinate with PTNE to implement new software or hardware technology. The Contractor will assist PTNE and vendors with training staff and providing needed oversight and support. Future technology should reduce the cost of call center A-31 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services operations due to creating efficiencies and performance. The Contractor agrees to reduce the cost of Call Center Operations in relation to the savings experienced by reduced staffing requirements and improved efficiencies experienced. Passenger Co-Pay (Fare) 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. 5.1. Staffing The Contractor shall develop and implement policies and procedures consistent with Federal, State and Local regulations, including Collier County 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. Such policies and procedures shall be provided to the Transit Manager for review and acceptance. Failure to timely submit this may result in liquidated damages. The Contractor shall hire personnel that are courteous and possess the expertise and professionalism necessary to perform the required duties. Supervisors: The Contractor will provide the number of supervisors necessary to maintain oversight of driver check-in (fitness for duty check), vehicle inspections, pull-out operations, revenue operations, accident and incident events, pull-in operations and vehicle cleaning operations. Contractor's Management shall be on site at the prior to the start of service to observe employees and their fitness for duty. Drivers: The Contractor will provide the number of drivers necessary to staff all CAT Connect runs, plus the required back-up/extra board drivers. The number of drivers assigned to runs will be determined based on the demand and not by any predetermined run cut. The CAT Connect driver deployment will meet the requirements of the demand of the ridership. The CAT Connect run schedule must include full-day shifts, split-shifts, and part-time peak shifts. The staffing schedule must be set at least one day prior to the service day. Failure to have a driver assigned to each CAT Connect run, and back-up driver requirement will result in liquidated damages assessed. The back-up/extra board drivers are in place to mitigate the effects of driver-call outs. Back-up/Extra Board Drivers: The Contractor shall ensure that appropriate level of back- up/extra board drivers is available to ensure continuity of service. The contractor will ensure that a minimum of 1 back-up driver is assigned per every 15 drivers scheduled for the service day. The number of back-up drivers will be prorated up to the next equivalent number of drivers. For example: When 1 driver is scheduled for a service day, at least 1 back driver will be scheduled. When 16 drivers are scheduled for the morning shift of the service day, at least 2 back up drivers will be scheduled and so on. The Contractor will assign back-up drivers in the same manner if multiple shifts are scheduled for the service day. Thus, the Contractor will be required to staff back-up/extra board drivers for both the morning and A-32 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services afternoon shifts. Back-up/Extra Board drivers will be required to be at the TOF at the start of the shift and remain at the location for up to two hours unless assigned to a run/route. 5.2. Contractor Owned Vehicle Requirements: 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 CAT Connect 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 CAT Connect, 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.CAT Connect. Each non-County owned vehicle will be equipped with a tablet and mounting system. The tablet will have access to only county approved applications. The tablet will be integrated with the automated scheduling and dispatching application approved by the County. The County has purchased a certain quantity of licensures for the number of County owned buses and a certain number of number non-County owned buses. The Contractor can add additional non-County owned vehicles to the fleet with the approval of the Transit Manager. The Contractor will be responsible for the initial licensure costs for each bus added. The County will be responsible for the tablet cost and ongoing maintenance fees if the unit is active. The Contractor will be responsible for any costs to terminate the licensure if the additional bus is taken out of service and the licensees is not transferred. 5.3. Operating Standards: PTNE has established the following operating standards to which the Contractor shall meet or exceed within Year 1 and subsequent years of the Contract: • Transportation Disadvantaged Service Plan (TDSP) — Contractor will be responsible to educate passenger as well as follow the requirements within the TDSP. • Riders Guide - Contractor will be responsible to educate passenger as well as follow the requirements within the Riders Guide. • Trips may be scheduled up to 5:00 p.m. for service the next day. Trips will be scheduled compliant with 3 timing preference options: o Negotiated Trip Timing Preference o Drop-off Trip Timing Preference o Pick-up Trip Timing Preference • All trips will be scheduled using the RSE Show Req or Optimization resources. If the County acquires an alternate Demand Response Transit Scheduling and Dispatching A-33 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services No application during the life of the contract, all trips shall be scheduled using the applicable optimization resource. • All Subscription or Standing Order trip will be scheduled and frozen to a run or assigned to a run via a template. • The Contractor will be required to evaluate late trips to determine if the return trip will be affected. Passengers that are dropped off late will be instructed to consider their return trip time and to contact the call-center if they believe they need to delay the return. • Passengers contacting the call center prior to the return trip arrival may request that their return trip change to a will-call or the passenger can negotiate a new return time. • When a bus arrives for a return trip and the passenger is not ready, the status of the trip will be changed to No-Show Return. • The Contractor will inform that passenger that they must contact the call center prior to the arrival of our bus to inform dispatch that they will not be ready at the established time. • The Return Trip will then be cloned and set with the Will-Call status. • When the client calls for the return ride, the call-center will determine the pick-up time by using the negotiated timing preference. 6. Personnel Requirements 6.1. Contractor Key Personnel The Contractor shall employ key personnel in the positions of General Manager, Operations Managers (Fixed Route and CAT Connect), Call-Center Manger, and Safety and Training Manager(s). The personnel included in the Extended Staffing Bid Alternate will be considered key personnel if the proposal is accepted by PTNE. All key personnel shall be employees of the Contractor. The General Manager shall have a reporting relationship to the PTNE Transit Manager 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. The Contractor shall be responsible for providing all levels of staff as required to deliver the CAT and CAT Connect services. It is the Contractor's responsibility to maintain appropriate management staffing levels for all administration and personnel. The Contractor's 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 CAT Connect fare policy. • Be proficiently trained in all CAT and CAT Connect policies and procedures. • Be proficiently trained to conduct conversations with English speaking patrons. A-34 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Be proficiently knowledgeable of the CAT and CAT Connect 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/CAT Connect 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/CAT Connect's monitoring and 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. 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 any Manager must be approved in advance and in writing by the PTNE Director. PTNE reserves the right to review applicant's credentials and conduct interviews as needed. PTNE reserves the right to remove any Contractor employee for any reason. The Contractor is to terminate the employee's access to any Collier Area Transit facilitates and areas of operations. 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/CAT Connect Community Outreach events; • Participate in all Public Transit Advisory Committee meetings; • Prepare presentations upon request. A-35 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • The Contractor shall work with PTNE in regard to any changes to the CAT or CAT Connect program which at a minimum may include: • Changes to CAT or CAT Connect Policies and/or Procedures; • Changes to fare structure; • Changes to service areas; • Route modifications The following positions, will be deemed Key Personnel for this contract, including but not limited to: General Manager- shall be solely dedicated to the Collier Area Transit Program. Fixed Route Operations Manager- shall be solely dedicated to the fixed route operations. CAT Connect Operations Manager- shall be solely dedicated to the CAT Connect service operations. Call Center Manager- shall be solely dedicated to the CAT and CAT Connect Call Center management. Safety and Training Manager(s) - shall be solely dedicated to the Safety and Training of the CAT & CAT Connect 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. The Safety & Training Manager shall provide a monthly safety report to PTNE which must include a summary of monthly accident and incident occurrences. Driver/Road Supervisors- 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 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 Driver/Road Supervisors which must include a summary of monthly accident and incident occurrences. Supervisors will conduct street observations for 75% of the drivers per month. The observations will include 1 pick-up stop and one drop-of stop for CAT Connect Trips and at least 1/4 loop for fixed route services. The supervisor will monitor and document: • Arrival and perform times for stops; • Driver escort or assist activities; • Mobility types of passengers boarding or alighting; • Verify the stop timings with the CAT Connect or fixed route dispatch software applications. A-36 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 6.2. Personnel Management 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. The Contractor shall also identify primary and secondary supervisory personnel to assist Key Personnel with daily management during normal business hours. A manager or supervisor will be on duty at all times during any service hours where employees are present. The manager needs to be either at the TOF or available to communicate with access to the technology and applications of the transit system. A driver supervisor will be on-site prior to all times that drivers are clocked in. A CAT Connect dispatcher will be available at the TOF during all vehicle operations for CAT Connect services. A fixed route dispatcher will be available at the TOF during all vehicle operations for fixed route services. One dispatcher may be staffed to be responsible for both the CAT Connect and fixed route dispatchers on Sundays or during non- busy times. 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 (#LD22). The Contractor will use a staffing application that tracks all staffing assignments. The application will have functionality to email or text employees of shifts. The Contractor will allow PTNE to have full read access to the staffing application. The Contractor shall ensure that there is management coverage during all hours of CAT & CAT Connect 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. 6.3. Extended Staff(Bid Alternative): The following Key Staff Personnel will be evaluated to determine if the Contractor can provide greater value than if PTNE held these positions. • Senior Intelligent Transportation System Coordinator • Mobility/Travel Training/CAT Connect Application Coordinator(s) • Planner Senior Intelligent Transportation System Coordinator—Coordinator, at a minimum, shall be responsible for day to day operations of the ITS system, including trouble-shooting hardware and software related items, minor repairs (swapping with spares), reprogramming, return merchandise authorizations (RMA), bus stop GPS coordinates, on-time performance coordination, LED & LCD sign troubleshooting and software updates and providing recommendations related to ITS services. The Senior Coordinator must have a bachelor's degree in computer science, information systems, or related field, or equivalent work experience in intelligent transportation systems; and 3 or more years' experience in IT A-37 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 0 leadership positions. The Senior Coordinator shall have excellent communication both written and verbal, customer service and decision-making skills. Information Technology Operating Standards Includes: • Any software that works to dispatch the service or monitor OTP, establish reservations and scheduling for transit service. • Any vehicle mounted hardware • Any network, communication, or transit related hardware or application that supports transit operations • Any maintenance related software and hardware. • Any software or application that supports passenger or community access to transit services. • Any related software or hardware for administration of transit services. • All revenue vehicles must have a fully operational ITS. Mobility Manager/Travel Training — Manager shall be responsible for developing and implementing mobility management plans, travel training and coordinating all aspects of the CAT Connect application, eligibility and assessments. The Mobility Manager must have an associate level or 2-year technical certificate in a related field supplemented by a minimum of 2 years of experience of mobility management or travel training specifically with elderly and persons with disabilities. The Mobility Manager shall have excellent communication both written and verbal, customer service and decision-making skills. The Mobility Manager will be Travel Trainer Certified within 6 months of the start of the contract. Mobility Management Operating Standards includes the following and the Contractor shall meet or exceed within the first 6 months of the start of the Contract: • All CAT Connect applications must be processed within 21 days of receiving a complete application. • Recertification of CAT Connect passengers shall be conducted every 3 years. • Develop and implement a short form for renewal of passengers with confirmed permanent disabilities that should not be required to get a medical verification. • Develop and implement a passenger assessment program within 6 months of the Contract. • Develop and begin implementation of a travel training program from the start of the Contract. • Develop a plan to transition customers from CAT Connect to fixed route within 6 months of the start of the Contract. The plan shall include developing a monthly list of potential customers that are candidates to transition from CAT Connect to fixed route service and conduct travel training with the individuals. • Attend monthly meetings to educate staff, customers and agencies on mobility options. A-38 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Provide expertise in acquiring, verifying, analyzing and presenting data associated with mobility programs operations. • Audit, correct and assist in completing client eligibility, client recertification, trip and expense validation in a confidential manner in accordance with applicable laws and requirements. • Coordinate with agencies to educate them on the application process so that they can be prepared to submit applications timely and complete so to expedite the review process. • Ensure privacy of applicant medical and financial information. Planner — The Planner, at minimum, shall be responsible for transit planning work performed in other disciplines, such as transportation, land use, zoning, community development, development order review, emergency management and geospatial sciences as it relates to the transit system. The incumbent must establish methodology and utilizes existing procedures for compilation of transit related data to be utilized in reporting for internal county use and external private and public entities. Compiles, analyzes and maintains transit system performance measure statistics; such as but not limited to, route hours and miles, passenger trips, and relational analysis between data sets. Provides monthly and annual transit performance measure reports to various internal and external entities. Maintains inventory of passenger amenities. Works on all aspects of adding new route configurations, adjustments to bus route timing, and reviewing of transit service requests or transit propensity that might require new or adjusted service. Assists in the determination of travel accessibility based on location analysis of fixed route assets. Updates and maintains database used by third party vendors in providing services to Collier Area Transit and works with PTNE when responding to third party vendors. Assists in data collection, review of required documentation such as, but not limited to the Transit Development Plan, National Transit Database Annual Reports, National Transit Database Passenger Mileage Surveys, and Title VI Program. The Planner must have any combination of education and experience equivalent to graduation from a four-year college or university with a bachelor's degree in Planning or related field that is applicable to the area of specialization. Two years of professional experience in a government agency or private firm doing work in city, county, regional, state planning or environmental review is required. 6.4. 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/CAT Connect property. A conviction record will not necessarily prohibit employment; factors such as the date of the offense, seriousness and nature of the A-39 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 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 must meet the County background check requirements to be cleared to provide service for Collier County. 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 two traffic citation for a moving violation in the past 3 years. The Contractor shall update the MVR review every 6 months after hire. • All applicants must possess a High School Diploma or General Equivalency Diploma (GED). • Each Fixed Route driver must possess and maintain a Commercial Driver's License with the proper endorsements, proper class and weight requirements for the vehicles used on the system. Each driver must be licensed for a minimum of three (3) years. Each CAT Connect driver must possess and maintain a valid Florida driver's license and any required endorsement to drive consistent with the State requirements for the vehicle type (number of passengers) and weigh specifications. • 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. Drivers Entering Service: The Contractor shall not place a Driver into revenue service until: • All hiring requirements have been fulfilled; • All training is scheduled and/or 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.) A-40 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 6.5. Human Resource Management The Contractor will use an employee scheduling application that can communicate shift information via email or text messaging. The Contractor will provide PTNE access to the scheduling software. • Employee Training per the training requirements established in the Request for Proposal. • Employee Performance • Drug and Alcohol Compliance 6.6. Training 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 that driver any vehicle, 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. 6.6.1 Call Center and Customer Service Staff Training: The Contractor will have a training program for all call center and customer service staff that will meet the requirements of this service. The Contractor is to propose a training plan that will ensure proficiency with transit service information, customer service and conflict resolution, software applications, technology hardware, Standard Operating Procedures and personal development training. The training platform must describe the initial, remedial, and concurrent training plan. 6.6.2 Fixed route and CAT Connect Driver Training: The Contractor shall have a separate training program for the CAT Connect operators at a minimum of 114 hours and the Fixed Route operators at a minimum of 167 hours. The Training program shall meet or exceed FTA and FDOT requirements, and shall include: • Safety & Security, 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, post-accident procedures, passenger incidents, adverse weather and other emergency/safety procedures including emergency vehicle evacuation. o Accident prevention A-41 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services o Hazard recognition • Customer Services, 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, 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, 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 time), 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 A-42 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services C o Routine Procedures o Service/Stops/Transfer Facilities o Driving Conditions/Adverse Weather o Vehicle and equipment operations, including proper two-way radio protocol, wheelchair and scooter securement, ramp operations, and operation of any automated devices installed in the vehicle. • Route/Line Training (on the job training), including: o System and Route Familiarization o Line Instructor Training and Observation o On the Job Training • Passenger Assistance Technique (PAT). This training must satisfy the CAT Connect 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. 6.6.3 Remedial/Refresher Training: The Contractor shall ensure that all CAT and CAP trips provided for this Contract meet PTNE's goals of customer service excellence, 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 all employees ensure that proper training and/or retraining is provided upon PTNE's request or when any of the following driver 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 A. 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 A-43 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Cp,O+ 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) verifiable service complaints regarding passenger relations and/or safety concerns within a six (6) month period and/or at PTNE's request. B. 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: Required Required Line Days of Leave Instructional Training Instruction 1 to 29 days 8 hours 3 days 30 to 89 days 16 hours 5 days 90 to 364 days 3 days 5 days 365 days to 729 days 3 to 5 days 5 to 10 days 730 days or more Full basic training certification C. Recertification and/or Monthly Concurrent Training - The Contractor shall ensure that employees undergo a full recertification every year to include at a minimum the following areas for 24 hours per year (The Monthly Concurrent Training must be separate from the Safety Meetings and the Recertification Training): • ADA • Accident reporting procedures • Cardiopulmonary Resuscitation (CPR) (Re-certify every two years) • Conflict resolution/customer relations • Customer Service/Sensitivity • Emergency procedures • Fare collection • First Aid • Passenger assistance training (PAT) • Wheelchair lift/ramp and wheelchair securement • Sexual Harassment D. 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. A ride check is when a trainer or supervisor rides along with the driver. 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 A-44 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services the terms of the Contract. Copies of all Contractor Ride Check ride forms shall be made available to PTNE monthly. 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. The Contractor will conduct road observations of 75% of the drivers monthly which will include a complete pick up and drop of cycle for CAT Connect and at least % loop of a fixed route driver. E. Line Instructors also known as Behind the Wheel Trainers (BTW) - The Contractor shall ensure that Line Instructors/BTW have a minimum of 5 days of line instructor/BTW 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 & CAT Connect provided vehicle operations • Intelligent Transportation System Functionality & Operations • Vehicle Operations The Contractor shall provide the PTNE Transit Manager with documentation of refresher/remedial/recertification of each driver. This shall be provided on a monthly basis for the drivers who have completed refresher/remedial/recertification. 6.7. PTNE Audits PTNE reserves the right to randomly audit Contractor procedures and required documentation to ensure compliance with hiring, training and other contract requirements. Items to be inspected and reviewed shall include, but not limited to: • Employee files • Maintenance documentations and procedures • Drug and alcohol programs and documentation • Training • Accident and incident procedures and documentation • Employee motor vehicle checks • Employee criminal background checks • Operational performance • Street Observation Records It is the Contractor's responsibility to keep all procedures and files up to date and in compliance. Should PTNE's random audit find a non-compliant file or proper documentation the Contractor may be assessed liquidated damages. 6.8. Driver Responsibilities • Drivers are prohibited from soliciting and/or accepting gratuities from CAT or CAT Connect patrons. A-45 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Drivers shall be required to have a complete understanding of CAT/CAT Connect fare policies. • Drivers shall conduct a pre-trip inspection for all vehicles including the radio, MDT's, and/or cycle wheelchair ramp. Inspections shall be performed on all vehicles that may occupy a fixed route or CAT Connect passenger. The vehicles include supervisory vehicles and all buses. The Contractor will ensure to document all vehicle inspections using Zonar or other approved application or on a paper inspection form. • Drivers shall follow proper procedures when boarding and alighting patrons, including but not limited to, announcing stops according to ADA requirements. Drivers shall be required to announce the next destination to patrons on board, thereby providing effective communication and an expected level of customer service. • Drivers shall follow proper procedures when boarding and alighting wheelchair patrons to include proper positioning of the vehicle while deploying the wheelchair ramps. All drivers shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheelchair securement devices, storage of mobility assistive devices, and closing the vehicle door. Other assistance may be provided except in situations in which providing assistance would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. For CAT Connect service, passengers who are especially frail and elderly and/or disable shall be assisted from the door of their pick-up point to the door of their destination. Drivers may not assist passengers in wheelchairs more than one step up or down. • Drivers shall report all incidents, accidents regarding CAT/CAT CONNECT property, CAT/CAT CONNECT facilities, CAT/CAT CONNECT passengers and/or accidents involving both County-owned and non-County owned vehicles to PTNE's Project Manager. This includes but is not limited to accidents/incidents during training and/or incidents that may affect service delivery. • Drivers shall, when requested by PTNE, distribute notices to passengers, schedules and/or other promotional materials or otherwise render assistance in PTNE's monitoring and supervising operations. 6.9. Operator Removal PTNE may require the Contractor to immediately remove any personnel and/or safety sensitive person from service for any one of, but not necessarily limited to, the following: • 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. • 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. A-46 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services • Revocation or non-renewal of a valid Florida Driver's License. This includes Drivers, Street Service and Safety Supervisors and Training staff. • More than two (2) moving violations and/or preventable accidents or one (1) accident classified as negligent in any rolling twelve (12) month period. • More than three (3) Driver Behavior and/or Driver Safety complaints per six-month period. • Distributing any unauthorized materials, i.e. religious, political or solicitations while representing CAT & CAT Connect. • Inability to maintain an individual 85% on-time-performance in a 30-calendar day period. The Contractor shall develop corrective action plans for these individuals for PTNE's review and approval. • Failure to submit to or pass a drug or alcohol test. • Failure to properly utilize all seat belts for the driver and all passengers. • Unprofessional communications and/or behavior with Dispatchers over the radio or in the presence of a CAT or CAT Connect patron. • "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. • "Arriving" and/or "Performing" a trip with no patrons being transported in order to commit fraud. • Failure to notify the Contractor of a moving violation (traffic ticket), an arrest or conviction of a criminal offense of a Class A or Class B misdemeanor, or felony; or placement on probation or deferred adjudication for a Class A or Class B misdemeanor, or felony; or DWI, before the end of the business day following the day the employee receives notice of such action(s). The Contractor shall immediately remove any driver and/or safety sensitive personnel from driving until disposition of a DWI/DUI charge by the courts. A safety sensitive person who has a conviction of DWI/DUI, regardless of whether the conviction stems from operation of a CAT or CAT Connect 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 CAT Connect 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. A-47 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services C 6.10. Uniform Specifications and Appearance Standards The Contractor's Office Supervisors shall be required to wear a PTNE approved uniform at all times while on duty. All employees shall wear identifying badge as issued by Collier County. Uniforms shall be clean, pressed, and free of wrinkles and without tears or other signs of excessive wear. All employees shall be neat in appearance, well groomed, and practice good hygiene. Items referencing political, religious, controversial views shall not be worn while in uniform. If off duty, any employee shall not wear the uniform. The uniform may not be worn in parts or for separate purposes. The wearing of any non-regulation pants, shirts, or shoes, while on duty is prohibited and the Contractor is subject to the assessment of liquidated damages. Employees shall not engage in the purchasing or consuming alcohol or tobacco products while in the CAT uniform (full or partial). The Contractor shall furnish all uniforms except for belts and shoes, which shall be provided by the employee. A new driver may not be deployed to revenue service without a complete uniform. The Contractor shall replace the uniforms every year or as needed for torn and excessive worn uniforms. Uniform Specifications: • Shirts: Long sleeve or short sleeve; uniform shirts must be tucked into the trousers at all times. • Pants: Navy Blue; Dura knit or cotton, no denim. Office staff may wear denim for business professional Fridays. • Belt: Solid Black only • Coats, sweaters, jackets, raincoats, and foul weather clothing, if worn, shall be solid navy blue or black and must have the CAT logo. • Shoes: Black Acceptable shoe styles: Plain toe; military style, oxford, wellington boots or dress boots with a zipper not exceeding eight (8) inches in height; Low-cut tennis shoes all-black only. Unacceptable shoe styles: High top tennis shoes; buckles and stirrups; laced hiking- style boots, laced boots; sandals; cleared or open toe Thick crepe, cleat or rippled- soles • Socks: Black socks or skin tone nylon stockings Appearance Standards: • Hair shall be clean, neatly and evenly trimmed or combed and well groomed, with length in keeping with a professional image. At no time shall hair be worn in such a manner that it obscures vision or creates a safety hazard • Facial hair shall be clean and neatly trimmed. • Ornaments and Jewelry on Clothing: Ornaments, jewelry or similar accessories shall not be worn if they depict any association, individual, occupational group, religion, race, A-48 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CAO creed, color, nationality, or gender in any way, especially in a favorable or unfavorable light. • If cosmetics are used, they shall be applied conservatively so that the outward appearance of wearing make-up is lessened. • Fingernails should be worn at an acceptable business or active length to ensure safety and job-related efficiency. 7. Safety PTNE strives to provide safe, secure and reliable transportation service to its passengers while minimizing vandalism and destruction to vehicles, property and facilities. It is the responsibility of the Contractor to support PTNE's efforts to provide services in the most secure manner possible. PTNE works closely in partnership with local, state and federal agencies to achieve and maintain maximum system security. The Contractor shall cooperate with Collier County's personnel in all matters of security as requested by PTNE in response to local, state or national alerts, conditions or changes as dictated by the U.S. "Homeland Security Advisory System" or any other mandates/advisories received by PTNE. Law Enforcement Officers respond to emergency and non-emergency transit-related calls for service throughout the CAT & CAT CONNECT Service area. The Contractor shall report all security and safety related incidents and accidents involving personnel and vehicles. 7.1. Safety Program The Contractor shall participate in tabletop, emergency preparedness training exercises as requested by PTNE. The Contractor is considered essential personnel and shall be available upon request for evacuation and transportation for any emergency event 24/7. The contractor is to provide adequate emergency staff for call center and vehicle operations for the whole duration of an emergency. 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: • All new, refresher, remedial and any other required training of drivers, • All new, refreshers, remedial and any other required training of support staff to include road supervisors, etc. • Monitoring of all safety sensitive staff. • Safety Administration • 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 as required by the US Department of Transportation. The Contractor shall develop procedures to investigate, develop and rate each A-49 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CAO 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. 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 all employees including but not limited to Drivers and maintenance/utility staff, 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. Safety- The Contractor shall assume full responsibility for ensuring the safety of patrons, Contractor's personnel, and PTNE-provided vehicles and equipment. The Contractor shall develop, implement and maintain PTNE-approved System Safety Program Plan (SSPP) and the System Security Emergency Preparedness Plan (SSEPP) that complies with APTA (American Public Transit Association) guidelines and Chapter 14-90, Florida Administrative Code (FAC). PTNE will provide oversight, with periodic monitoring of the Contractor to confirm compliance with the approved System Safety Plan. Safety management programs shall include, but not be limited to, accident prevention, accident investigation, retraining guidelines and procedures, criteria for determining preventability of accidents, schedules and agendas for internal safety meetings that reinforce the importance of safety and participation of the Contractor's staff in safety -related organizations. The Safety Meeting must be separate from the monthly concurrent training and must focus on operational events such as accidents, incidents, and complaints. 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. A-50 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 7.2. Accidents/Incidents 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 guideline provision or equipment maintenance or technical correction required, together with a follow-up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the U.S. Department of Transportation. The Contractor shall be responsible for all costs associated with physical damage to the County owned vehicles, including collision and comprehensive coverage, each equal to the replacement value of all vehicles including the buses, vans and non-revenue vehicles operated by the Contractor. The Contractor shall be responsible for all damages falling below the deductible. The County shall not be responsible for physical damage costs associated with non-County owned vehicles. All damage must be repaired prior to returning any vehicle to service. Minor scratches, minor dings and dents may be repaired during scheduled maintenance activity, but obvious damage shall be repaired prior to the vehicle entering revenue service. Under no circumstances shall vehicles be permitted to operate in revenue service with missing panels, unpainted repairs or primer paint showing. All vehicles involved in Man accident or incident shall be inspected and approved by PTNE's Transit Manager or designee prior to the vehicle being returned to revenue service. The Contractor shall report to PTNE, in writing, all accidents and incidents regarding Collier County furnished vehicles, facilities or Contractor furnished equipment or vehicles, regardless of service status to the PTNE Transit Manager as follows: • The Contractor shall immediately report any unusual occurrence or conflict with a rider or other person(s). • The Contractor shall notify PTNE of every accident or incident immediately, but no more than two hours after the occurrence. • The Contractor shall provide written documentation for any vehicle accident or incident. The County shall receive written copies of incident and accident reports within 24 hours of occurrence. The Contractor shall provide a full report inclusive of photos and policy report within seven calendar days of the accident/incident. Failure to provide the notification/reports within the timeframe allotted shall result in liquidated damages. The Contractor shall not operate any vehicle in revenue service with missing or broken glass, to include windshields, door glass, driver's windows, and all side windows. All exterior lamp lenses shall be attached to the vehicle during service. 7.3. Continuity of Operations Plan 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; A-5 1 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 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 work during a hurricane and/or storm emergency. 8. Maintenance and Cleaning 8.1. Preventative Maintenance 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. A vehicle maintenance program is required to be coordinated with County staff and the 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 CAT Connect vehicles, discretion and common sense must prevail. The Contractor shall establish a communication protocol with Collier County staff 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. Any vehicle that provides revenue service or may have the potential of transporting a fixed route or CAT Connect passenger must have an inspection. The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any vehicle. The Contractor shall accomplish this by utilizing Zonar; the electronic pre- and post-trip monitoring system for vehicle maintenance inspections and reports. The Contractor is responsible for all fees associated with activating, licensing, and maintaining the vehicle inspection application. The County is responsible for the hardware associated with the vehicle inspection application. The County may at its discretion choose to implement applications for documenting maintenance and inspection procedures. The Contractor will continue to be responsible for the same expenses if there is a change in the application. A-52 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services S 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 contraction will ensure that a back-up inspection process and documentation procedure is available if the Zonar application is not operable or available. The Contractor shall ensure that no vehicle is placed into Service without having properly functioning onboard communication equipment and wheelchair lift. If a CAT Connect 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 all requirements of Florida State Rule 14-90 and other applicable Federal, State, or local laws. Non-County Owned Vehicles - The Contractor shall operate an adequate number of vehicles in service at all times to efficiently provide the required service, allowing for a minimum 20% spare ratio for routine maintenance to be scheduled. The Contractor will establish a schedule for routine maintenance of vehicles 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 must include at least schedules for preventive maintenance, safety inspections and vehicle repair records. The vehicle maintenance program shall be submitted and approved by Collier County prior to October 1 for the initial contract. The maintenance program shall be updated on an annual basis and provided to the County by July 1st of each year. The vehicles shall be maintained per the manufacturer's instructions and warranties. The Contractor agrees to use the vehicles in a careful and proper manner for the intended service only and to comply with all federal, state, local or other governmental laws, regulations, requirements and rules with respect to use, maintenance and operation of the vehicles. Any required Collier Area Transit/CAT Connect required interior or exterior signage must be concealed when not operating on behalf of Collier County. The Contractor shall establish a communication protocol 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; A-53 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services the electronic pre- and post-trip monitoring system for vehicle maintenance inspections and reports. The Contractor shall be required to purchase, install and maintain Zonar for its vehicles. County staff and the Scheduling & Dispatch contractor shall have access to view all Zonar data. 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, if applicable. The Contractor shall ensure that no vehicle is placed into Service without having properly functioning onboard communication equipment and wheelchair lift. If a CAT Connect 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 be compliant with Florida State Rule 14-90 and any other Federal, State, or local Statute or rule. Vehicle Cleaning(County& Non-County Owned Vehicles) -The Contractor shall ensure that all vehicles are clean. The Contractor shall be responsible for all labor and materials associated with this work. Any vehicle not conforming to this provision is subject to removal from service prior to, during, or upon completion of the shift, until such time that PTNE's Transit Manager has determined that PTNE's standards are met. Failure to meet these requirements subjects the Contractor to assessment of liquidated damages. Exterior-At a minimum, all vehicles shall have exteriors washed and cleaned of all dirt, oil and accumulated grime, at least twice per week or as necessary to maintain a neat appearance. Only vehicles used for county service 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. 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 A-54 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CA`, 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. 8.2. Equipment 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 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 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 be the responsibility of the Contractor shall be repaired or replaced at the expense of the Contractor. • Handheld Radios — Hand held radios shall be available for management use. The Contractor shall be responsible for all PTNE provided communication equipment once issued to the Contractor. The Contractor shall keep accurate documentation on the status of each piece of communication equipment complete with serial numbers, and Collier County asset numbers. • Support Vehicles —The Contractor will be provided with support vehicles as follows: o 2 Administration Vehicles o 2 Trucks o 3 Crew Transport Vehicles o 5 MV1 Supervisor and Revenue Vehicles- 2 of the MV1 vans are to be for the daily supervisors. The other 3 MV1 vans are to be used for CAT Connect revenue. All five of these vans are to be rotated, used for supervision and revenue with the goal of keeping the mileage proportionate. 8.3. PTNE Quality Assurance Collier County PTNE & Fleet management shall have unrestricted and immediate access to all vehicles and maintenance records at all times. Collier County PTNE & Fleet management, A-55 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services at its sole discretion, reserves the right to remove from service any vehicle that is deemed unsafe, including those that have not received scheduled PM inspections. The Contractor shall be subject to the assessment of liquidated damages for any vehicles removed from service. County oversight is not a substitute for the Contractor's QA responsibilities. The Contractor is fully responsible for the safety and QA of all vehicles for all services provided. 8.4. Towing In the event that towing of any vehicle is required due to mechanical failure, damage, etc., the Contractor shall be responsible to arrange such towing, through a company selected by the County. Towing costs for all vehicles will be paid for by the Contractor. 9. Drug & Alcohol Testing Program The Contractor shall administer a Drug and Alcohol (D&A) Program which meets all of the Federal, State and local requirements. CAT & CAT CONNECT is required to perform D&A testing in accordance with United States Department of Transportation and Federal Transit Administration regulations. The Contractor will be required to perform D&A testing in accordance with Collier County's Risk Management policies as well as US DOT and FTA requirements. The Contractor shall have a Substance Abuse Testing Program in place which meets all the criteria of the US DOT, the FTA and Collier County. The Contractor shall be required to incorporate these requirements into their program. The Contractor agrees to produce documentation necessary to establish its compliance with all applicable regulations and to permit any authorized representative of the US DOT or its operating administrations, the Florida Department of Transportation or Collier County to inspect facilities and records associated with the implementation of the D&A testing program. Documentation of test results will be maintained in personnel files by the Contract and shall be made readily available for inspection by Collier County. The Contractor will complete annual report (MIS). The contractor will audit the drug and alcohol program annually to include a testing facility review. Failure to provide shall constitute the assessment of liquidated damages. The Contractor may participate in a consortium or pool for the selection of safety sensitive employees for Random Drug and Alcohol Testing. However, this pool must ensure that 25% of the Contractor's local employees are drug tested and 10% of the Contractor's local employees are tested for alcohol. Contractor will not be permitted to utilize the Company consortium for the random selection. Local testing facility and selection must be employed. 10. Equal Employment Opportunity (EEO)/Affirmative Action Program The Contractor must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, State and County policies. The Contractor shall prepare an EEO program that complies with FTA regulations and submit it to PTNE by January 15th of each year. The Contractor shall update the program as needed but no less than annually and submit it to PTNE. A-56 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services ICAO 11. Disadvantaged Business Enterprise (DBE) Reports Disadvantaged Business Enterprise (DBE) is a federally funded program that ensures equal opportunity in transportation contracting markets, addresses the effects of discrimination in transportation contracting, and promotes increased participation in federally funded contracts by small, socially and economically disadvantaged businesses, including minority and women owned enterprises. The CAT/CAT Connect Disadvantaged Business Enterprise (DBE) program provides guidance on the use of overall and contract goals, requirement to include DBE provision in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. PINE shall be responsible for submission of all reports for the DBE Program. The Contractor will be responsible for submitting required forms as provided by PINE to ensure DBE compliance. The Contractor commits to meet the County annual target as well as working on pursuing other disadvantaged businesses to help the County exceed its goal. https://www.colliercountyfl.gov/your-government/divisions-f-r/public-transit-neighborhood- enhancement/our-services-/collier-area-transit-cat/dbe 12. Additional Negotiated Terms 12.1 Pilot Program — CAT TNC Integration: MV Transportation, Inc. will partner with RouteMatch and Lyft or Uber to establish a TNC service pilot program in Collier County. The proposal includes an added feature to the CAT Connect system, whereby MV will develop a network of transit providers for a Rider's Choice program. The Contractor will administer the Rider's Choice network as part of the TOMS with MV establishing a contract with Lyft or Uber in support of the Rider's Choice program at no additional cost to Collier County. 12.2 Employee Benefits Plan: Collier County does not agree to increase the contract cost to absorb the cost for Alternatives A or B introduced as part of the Contractor's second presentation to the County's selection committee members for Solicitation #18-7382 on November 27, 2018. During negotiations, MV stated that the plan offered to Collier in the proposal is a model for their property and is resulted in low turnover. Collier noted that should that change and the Benefits Plan offered impact the turnover rate for its employees, MV will have to absorb the cost to improve the plan and will not request an increase from Collier County. A-57 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, �•f and Transit Operations Management Services 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 & CAT CONNECT 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 & CAT CONNECT'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. In the event that PTNE changes a performance standard, the parties will engage in dialogue to determine if the change creates a cost impact. PTNE will review each performance factor and reward high achievement (incentives) or make deductions for substandard performance (disincentives). Review periods will be on a monthly basis. Payments or deductions shall be calculated on the Net Contract Amount Paid to the Contractor for Service Operated for the corresponding review period. It is important that the Contractor resolves performance issues promptly. Therefore, PTNE has established performance standards that escalate in severity when not achieved over time. The maximum performance incentive that the Contractor can achieve is listed as the Incentive in the Performance Standard Tables. The Disincentive or Liquidated Damages will escalate according to the consecutive months that the Contractor does not meet the performance standard. The escalator will multiple monthly up to six months for each month the standard is not achieved, with the 6-month cap assessed monthly until the standard is met. The Contractor will pay the Base Disincentive amount times the number of consecutive months that they fail to achieve the goal objective. The following table demonstrates examples of how the escalation will be applied: Base Formula Liquidated Month Result Disincentive Base Monthly Damage for the LDs * Months Month January 93.4% <$250> $250 * 1 $250.00 February 92% <$1,000> $1,000* 2 $2,000.00 March 93% <$500> $500*3 $1,500.00 April 92.25% <$500> $500*4 $2,000.00 May 92% <$1,000> $1,000*5 $5,000.00 June 93% <$500> $500*6 $3,000.00 July 92% <$1,000> - $3,000.00 August 95% $0.00 ($0.00) * 1 $0.00 May 95% $0.00 ($0.00) * 1 $0.00 A-58 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services �80 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. Preventable 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: Preventable Accidents/ Performance Incentive/ 100,000 Revenue Miles Indicators <Disincentive> 15% above Goal 0.80 or less $1,000 10% above Goal 0.81 - 0.85 $500 5% above Goal 0.86 - 0.89 $250 PTNE Goal - 0.90 0.90 - 0.94 None Up to 5% below Goal 0.95 - 0.98 <$250> Up to 10% below Goal 0.99 - 1.13 <$500> 11% below Goal 1.14 and above <$1,000> 2. Total number of passenger trips per revenue vehicle hour. The following outlines the incentives or disincentives for total # of passenger trips per revenue vehicle hour systemwide: Total Passenger trips per Performance Incentive/ revenue vehicle hour Indicators <Disincentive> 15% above Goal 14.95 and above $1,000 • 10% above Goal 14.3 - 14.94 $500 5% above Goal 13.95 - 14.29 $250 PTNE Goal —13.0 13.00 - 13.64 None Up to 5% below Goal 12.35 - 12.99 <$250> Up to 10% below Goal 11.70 - 12.34 <$500> 11% below Goal 11.05 or below <$1,000> 3. On-time Performance is defined as the percentage of time that the vehicle departs no earlier than and no more than 5 minutes after the published departure times as shown in the AVAIL schedule adherence report. Incentives and disincentive shall be assessed per route. The following outlines the incentives and disincentive for on-time performance per route: A-59 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 4;) On-Time Performance Performance Incentive/ Per Route Indicators <Disincentive> 3% above Goal Above 92.1% $1,000 2% above Goal 89.1-92.0% $500 1% above Goal 87.1-89.0% $250 PINE Goal —87% 85-87% None Up to 1% below Goal 83.0-84.9% <$250> Up to 2% below Goal 81.0-82.9% <$500> 3% below Goal 83.0% or below <$1,000> 4. Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report. The response categories are very poor (1), poor (2), fair (3), good (4) and very good (5). The following outlines the incentives and disincentive for customer satisfaction: Semi -Annual Customer Performance Incentive/ Satisfaction Indicators <Disincentive> 15% above Goal Above 4.6 $1,000 10% above Goal 4.4—4.5 $500 5% above Goal 4.2—4.3 $250 PINE Goal —4.0 3.9—4.1 None Up to 5% below Goal 3.7—3.8 <$250> Up to 10% below Goal 3.57—3.6 <$500> 11% below Goal 3.56 or below <$1,000> The following performance standards establish a range of performance that provides quality service delivery to CAT Connect patrons. The Contractor shall attain the following performance standards: 1. Accidents per 100,000 Revenue Miles are defined as a transit incident resulting in a fatality or passenger injuring requiring medical transport or involve a non-arson fire and/or a collision between a revenue vehicle and an object such that the amount of all damage exceeds $1,000. As the PINE definition changes, so will the contract definition. The following outlines the incentives or disincentives for Accidents per 100,000 Revenue Miles performance range: Accidents/100,000 Performance Incentive/ Revenue Miles Indicators <Disincentive> 15% above Goal 1.02 or less $1,000 10% above Goal 1.01 — 1.08 $500 A-60 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 5% above Goal 1.09 - 1.14 $250 PTNE Goal - 1.2 1.15 - 1.25 None Up to 5% below Goal 1.26 - 1.31 <$250> Up to 10% below Goal 1.32 - 1.33 <$500> 11% below Goal 1.33 and above <$1,000> 2. Total # of passenger complaints per 1,000 Passenger Boarding are defined as complaints including but are not limited to discourtesy, rudeness, eating, drinking, improperly secured patron, improperly operated lift, unscheduled stops, pass ups, getting lost and/or any other negative behavior as reported to PTNE. The following outlines the incentives or disincentives for# of passenger complaints per 1,000 passenger boarding: Passenger Complaints Performance Incentive/ per 1,000 Passenger Boarding Indicators <Disincentive> 15% above Goal 0.43 or less $1,000 10% above Goal 0.45 - 0.47 $500 5% above Goal 0.48 - 0.49 $250 PTNE Goal -0.5 0.50 - 0.52 None Up to 5% below Goal 0.53 - 0.54 <$250> Up to 10% below Goal 0.55 - 0.62 <$500> 11% below Goal 0.63 and above <$1,000> 3. On-time Performance is defined as the percentage of trip completed late as defined by the trip timing preference as shown in the schedule adherence report. The following outlines the incentives and disincentive for on-time performance: On-Time Performance Performance Incentive/ Per Route Indicators <Disincentive> 3% above Goal Above 98.5% $1,000 2% above Goal 97.1 - 98.4% $500 1% above Goal 96.1 - 97.9% $250 PTNE Goal -96% 94 - 96% None Up to 1% below Goal 92.0 - 93.9% <$250> Up to 2% below Goal 89.0 - 91.9% <$500> 3% below Goal 88.9% or below <$1,000> 4. Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report. The response categories are very poor (1), poor (2), fair (3), A-61 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services good (4) and very good (5). The following outlines the incentives and disincentive for customer satisfaction: Semi - Annual Customer Performance Incentive/ Satisfaction Indicators <Disincentive> 15% above Goal Above 4.6 $1,000 10% above Goal 4.4 -4.5 $500 5% above Goal 4.2 -4.3 $250 PTNE Goal -4.0 3.9 -4.1 None Up to 5% below Goal 3.7 -3.8 <$250> Up to 10% below Goal 3.57 - 3.6 <$500> 11% below Goal 3.56 or above <$1,000> 5. Average Percentage of Call Abandonment is defined as the overall percentage of calls that are abandoned during hold time in the Queue. Call Center Average Performance Incentive/ Percentage of Abandonment Indicators <Disincentive> 15% above Goal 13.4 or below $1,000 10% above Goal 13.5 to 14.24% $500 5% above Goal 14.25 to 14.99% $250 PTNE Goal - 15% of total calls 15% of calls None 5% below Goal 15.01 to 15.75 <$250> 10% below Goal 15.76 to 17.25% <$500> 15% below Goal Above 17.26% <$1,000> 6. Call Center Average Time to Handle is defined as the overall time from when a call center agent answers a call to when the call is terminated. Call Center Time to Handle Performance Incentive/ Indicators <Disincentive> Below 1.5 minute $1,000 1.5 -2.49 minutes $500 2.5 - 3.49 minutes $250 PTNE Goal - 3 minutes 3.5 -4.5 minutes None 4.5 - 5.5 minutes <$250> 5.5 - 6.5 minutes <$500> Above 6.5 minutes <$1,000> A-62 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services :AO APPENDIX 2 LIQUIDATED DAMAGES Liquidated damages will be assessed for Contractor deficiencies specified herein. Liquidated Damages are not punitive but intended to recover Collier County's cost for the Contractor's deficiencies, lost service or additional work by PTNE for service delivery to the patron. PTNE will consider extenuating circumstances in assessing damages. The Contractor has the ability to control liquidated damages through well trained drivers, re-fresher training, and effective communications with staff. Liquidated damages shall be deducted from any monies due, or which may thereafter become due, to the Contractor under this Contract. Liquidated damages will not be assessed for the above described occurrences arising from causes beyond the control of Contractor as determined by PTNE. In the event the Contractor fails to comply with the following standards, PTNE shall assess liquidated damages as follows: Requirements Liquidated Damage Amount LD1. Contractor must submit complete and $100 for each calendar day late for the monthly accurate reports by the PTNE and/or quarterly reports. established due dates. $500 for each calendar day late after the pre- established date for the yearly report. LD2. The Contractor shall notify PTNE of $100 for each hour beyond the initial 2-hour every accident or incident window for notification. immediately, but no more than two hours after the occurrence. The Contractor shall submit information accurately and complete. LD3. The Contractor shall provide written $250 for each calendar day late after the pre- documentation for any vehicle established timeframe for a report and full accident or incident. The County shall report inclusive of photos. receive written copies of incident and accident reports within 24 hours of occurrence. The 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. LD4. The Contractor shall be required to Liquidated damages shall be assessed on a develop and administer EEO, Title VI, daily basis from the date of the written notice & Drug and Alcohol policies and until either PTNE or FTA deems compliance programs consistent with Federal, has been met and issues a written notification. State & Local requirements. First violation $500 daily Second violation $1,000 daily Third violation $1,500 daily Fourth violation $2,000 daily LD5. All drivers are required to collect fares $10 per uncollected fare, in addition to the from patrons. amount of the uncollected fares being deducted from the invoice request. A-63 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services rTh Requirements Liquidated Damage Amount LD6. The Contractor shall remove all $250 per occurrence of farebox receipts not farebox receipts from revenue vehicles being secured in the vault room on a daily daily and secure funds in the vault basis. room. LD7. Drivers are required to escort ADA Failure to escort an ADA passenger will result passengers to and from the door. in an assessment of $100 per incident. LD8. The contractor shall perform the Fixed Excessively late Fixed Route trips will be Route and CAT Connect Services on- assessed $50 per loop for any late time point time and are incentivized when that is late 10 minutes or more. Performance measures are exceeded Fixed Route trips that depart a time point early and dis-incentivized when stated will be assessed $100 per occurrence. performance measure aren't met. On- $50 per Paratransit Trip will be assessed when time performance is an important excessively late. element to an efficient transit system and will affect ridership if not managed. Fixed Route On-Time Performance is derived from the departing time from a series of timing points. The On-time percentage is the percentage of time that the vehicle departs no earlier than 60 seconds and no more than 5 minutes after the published departure from the timing points. Paratransit On-Time Performance is derived depending on what timing preference is used to schedule the trip. A Drop-off Timing Preference Trip is considered Excessively Late when the trip is late for the Drop-off Requested Time by more than 30 minutes. A Pick-up Timing Preference is considered Excessively Late when the passenger arrives at their destination more than 90 minutes after the Pick-up Requested time. A Negotiated Trip Timing Preference is considered Excessively Late when the bus arrives more than 15 minutes past the Trip Pick-up Window. LD9. Drivers are required to record arrival Falsely or erroneously recording of and departure of all trips accurately. Arrive/Perform will result in $50 assessment per incident. A-64 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services 0.0 Requirements Liquidated Damage Amount LD10. Drivers are required to perform all trips Missed Trips on CAT Connect and complete the full a. CAT Connect - $50 per incident route on the Fixed Route system. b. Fixed Route - $100 per stop Unperformed trips or an incomplete c. Fixed Route - $500 per loop route are considered "missed trips". On the CAT Connect system, a missed trip is as a failure of the vehicle to show up for a scheduled trip and consequently the passenger is not transported or elects not to take the trip. A trip where the passenger cancels the scheduled trip at least 2 hours prior to the scheduled trip, within the cancellation policy is not considered a missed trip. On the Fixed Route system, a missed stop is when the bus does not stop at a specific stop when a passenger is present or never does arrive at the stop. A missed loop is when a bus does not start a loop on time by more than 15 minutes late. A missed loop can be prorated in 25% increments. LD11. Call Center Longest Delay in Queue $50 per call when the Queue System hold-time will be less than 10 minutes. is greater than 10 minutes. The Contractor will have adequate call center staff to ensure no caller is stranded in the system Queue for more than 10 minutes. The Contractor will monitor daily call activities and assign key staff to supplement the call center agents when call demand is higher than normal. LD12. The Contractor will be assessed Closed runs due to the unavailability of drivers liquidated damages for any closed run will result in a $250 assessment per run closed. due to staffing shortages. LD13. The Contractor is required to schedule $50 per trip needed to reduce the unscheduled as many trips as requested for the CAT trips percentage to 8% Connect System. The maximum permissible trips that may be left unscheduled per day is to allow less than 8% of CAT Connect total trips to remain unscheduled. A-65 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Requirements Liquidated Damage Amount LD14. Drivers are expected to conduct $25 per day per occurrence for Driver-related themselves in a professional, safe and infractions as documented or reported to courteous manner at all times. Driver PTNE. Infractions include, but are not limited to: 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; and fail to communicate with Dispatch. 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. LD15. The Contractor is expected to care for $50 plus the cost of repair if Communication all County provided equipment and Equipment is found tampered with, abused establish policies and procedures to and/or neglected as identified by PTNE Staff ensure that equipment is not tampered and/or PTNE's repair Contractor. with, abused or neglected. LD16. The Contractor is required to ensure $50 per incident where the provider does not that drivers of all revenue vehicles or maintain paper or electronic documentation of vehicles that may transport all components inspected. passengers conduct Pre/Post Trips $500 for failure of a driver to conduct a inspections. Pre/Post Trip inspection of any deployed vehicle. $50 for inadequate inspection procedures for any safety-sensitive automotive component or equipment. A-66 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Requirements Liquidated Damage Amount LD17. The Contractor is required to maintain $50 per day per vehicle per occurrence for all required vehicles in accordance non-compliant vehicle(s). 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; j. Vehicle(s) with sub-standard climate control LD18. The Contractor is required to maintain $50 per occurrence for not removing trash 2 all bus stop and shelter locations. times per week. $100 for not providing the Monthly Bus Stop Condition and Status report with invoicing documents. $100 per incident for failure to report damage to the bus stop or shelter. A-67 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services CAO Requirements Liquidated Damage Amount The Contractor is expected to submit $50 per day per occurrence for Reporting accurate, complete reports within the Infractions. 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. d. Failure to submit complete and accurate driver manifests. LD19. The Contractor shall faithfully adhere $1,000 per incident discovered where the to all standard MVR, background Contractor failed to adhere to all review screening reviews and driver licensing requirements. and registration requirements. A-68 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Requirements Liquidated Damage Amount LD20. The Contractor is required to maintain $100 per incident for not maintaining the CCF a compliant Drug and Alcohol program for all tests completed. and maintain documentation of all results and practices. $500 for failure to conduct an annual audit of the drug and alcohol testing facilities used. $100 per employee that is failed to be trained for Drug and Alcohol Training prior to conducting safety sensitive duties. $500 per incident where a supervisor fails to have obtained Reasonable Suspicion Training Certification. $500 per quarter will be assessed for failure to scheduling testing proportionately during scheduled operations $500 for failure to follow Drug and Alcohol Policy and FTA Drug and Alcohol Procedures. $500 for failure to have an FTA/FDOT approved testing facility available for Random, Reasonable Suspicion, and Post Accident Testing during all times operations are conducted. $500 per incidence where a manager or supervisor is not on duty to be available to manage the Drug and Alcohol procedures and policies. $1000 per sub-contractor for failure to administrate sub-contractor drug and alcohol programs. A-69 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Requirements Liquidated Damage Amount LD21. The Contractor is expected to operate the $100 per occurrence for"Safety Infractions" as systems in a safe and efficient manner. A documented or reported to PTNE. Safety Infraction is an action in which the safety 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 A-70 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Requirements Liquidated Damage Amount LD22. PTNE requires full staffing by the 25% of the salary for the time that a key Contractor. personnel position is vacant for over 14 days. $100 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 per day for any non PTNE-approved personnel operating a route without PTNE's prior written approval. LD23. County vehicles are to be used for $500 for any occurrence of Contractor using approved purposes only. Collier County vehicles for other than an explicit PTNE approved purpose. LD24. The Contractor shall encourage its $100 per incident after a driver's second such drivers to exercise means to prevent avoidable instance of like damage. instances of avoidable repeat damage/harm to vehicles. LD25. The Contractor shall perform a $500 per month of less than 20% of total CAT minimum of 20% scheduled trips on Connect trips performed by non-County owned non-County-owned vehicles. (This vehicles. percentage may be revised on an annual basis). LD26. The Contractor will ensure that all $1,000 per door or gate that is left unsecured exterior TOF door are locked after in the evening. hours. The Contractor will ensure that all TOF gates and public access points $50 per event where a vehicle found to be are secure. The Contractor will ensure unlocked. that all vehicles are secure and/or locked when not in use. The $50 per event where equipment or technology Contractor will ensure that all hardware is left unsecured. equipment and technology hardware is secured and accounted for. LD27. The Contractor shall be responsible to $500 per day beyond 15 days of no remove radio programming from non- documentation being provided. County-owned vehicles within 15 days of no longer being used for County CAT Connect trips. Documentation must be provided to the County from a radio vendor that this has occurred. LD28. Failure to properly process "Lost and $100 per item not properly documented or Found" recovered items in a timely each instance where the County policies and manner and/or failure to implement the procedures are not followed. lost and found process in a proper manner. A-71 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Requirements Liquidated Damage Amount LD29. Failure to have a driver assigned to $50 per open position. each fixed route, CAT Connect run, and back-up driver requirement will result in liquidated damages assessed. LD30. The Contractor will be assigned $50 per trip categorized incorrectly. Liquidated Damages where any trip is inappropriately categorized as a No- Show, Cancel on Arrival, Late Cancel, Missed Trip, Same-day Cancel, or Cancel LD31. It is the Contractor's responsibility to $50 per item where the contractor fails to keep all procedures and files up to maintain compliance with documentation. date and in compliance. Should PTNE's random audit find a non- compliant file or proper documentation the Contractor may be assessed liquidated damages. LD32. Failure to conduct and document $50 per road observation needed to increase mandatory ride checks may result in the percentage to 25%. the assessment of liquidated damages. The Contractor will conduct road observations of 25% of the drivers monthly which will include a complete pick up and drop of cycle for CAT Connect and at least 1/4 loop of a fixed route driver. Up to 5 paratransit trips and 5 Fixed routes will be selected by PTNE for evaluation. A-72 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Exhibit B - Fee Schedules Transit Operations Management Services (TOMS) Transit Operations Management Services(TOMS) 2019 2020 2021 2022 2023 Cost Proposal Scope Scope Description Item 1 Management Staffing $969,364 $869,990 $896,232 $918,798 $928,060 General Manager Labor&Fringe,Administrative/ Corporate Support,Office Materials&Supplies, Reports,Capital Depreciation,Interest Expense, Internet/Cell,Employee Recruiting,Business Licensing,Bank Fees,Passenger ID Cards,Payroll $696,164 $591,115 $611,558 $628,201 $631,412 Processing,Printing and Graphics,Postage,Dues and Subscriptions,Buy America Program, EEO/Affirmative Action Program,Overhead Call Center Manager Labor&Fringe;Training and Travel;Uniforms; Bonuses;Pre-employee $81,427 $83,080 $84,767 $86,488 $88,245 Physicals;Background checks Safety and Traning Manager Labor&Fringe; Training and Travel;Uniforms;Bonuses; Pre- $52,286 $53,356 $54,448 $55,563 $56,702 employee Physicals; Background checks Intelligent Transportation Systems(ITS) Coordinator Labor&Fringe;Training and Travel; $48,646 $49,673 $50,723 $51,797 $52,895 Uniforms;Bonuses;Pre-employee Physicals; Verification Services;Fare Collections and Reconciliation $90,840 $92,766 $94,735 $96,749 $98,807 Transit Planning;Contract Compliance,Data Management&Reporting Customer Administration 2 CAT&CAT Connect Call Center Staffing $613,053 $626,160 $639,565 $653,274 $667,295 CAT Call Center Customer Service Agents/Representatives Labor&Fringe; Employee Welfare;Training and Travel; $191,401 $195,557 $199,809 $204,161 $208,614 Uniforms;Bonuses;Pre-employee Physicals; Background checks CAT Fixed Route Dispatchers Labor&Fringe; Training and Travel;Uniforms; Bonuses;Pre- employee Physicals; Background checks $138,716 $141,654 $144,657 $147,728 $150,868 CAT Connect Call Center and Reservation Operations Labor&Fringe;Employee Welfare; Training and Travel;Uniforms;Bonuses;Pre- $76,668 $78,310 $79,990 $81,708 $83,466 employee Physicals;Background checks CAT Connect Dispatchers Labor&Fringe;Training and Travel;Uniforms; Bonuses;Pre-employee Physicals;Background checks $138,716 $141,654 $144,657 $147,728 $150,868 CAT Connect Scheduler Labor&Fringe;Training and Travel;Uniforms;Bonuses;Pre-employee Physicals;Background checks $67,553 $68,985 $70,450 $71,948 $73,480 B-1 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services �A Transit Operations Management Services(TOMS) 2019 2020 2021 2022 2023 Cost Proposal Scope Scope Description Item 3 Mobility Management,Travel Training and Transit Outreach(Bid Alternate) $128,334 $125,644 $128,735 $131,905 $135,158 Mobility Manager Labor&Fringe;Training and Travel;Uniforms; Bonuses;Pre-employee $71,252 $70,851 $72,298 $73,775 $75,284 Physicals;Background checks Transit Outreach&Marketing $57,082 $54,793 $56,436 $58,130 $59,873 4 Senior Intelligent Transportation System(ITS) Coordinator(Bid Alternate) $107,076 $107,657 $109,840 $112,067 $114,342 Senior ITS Coordinator Labor&Fringe;Training and Travel;Uniforms; Bonuses;Pre-employee $107,076 $107,657 $109,840 $112,067 $114,342 Physicals;Background checks 5 Planner $82,617 $82,974 $84,665 $86,391 $88,154 Planner Labor&Fringe;Training and Travel; Uniforms;Bonuses;Pre-employee Physicals; $82,617 $82,974 $84,665 $86,391 $88,154 Background checks Drug&Alcohol Testing Program 6 $10,830 $11,155 $11,678 $12,223 $12,789 Employee Testing,Random Testing,Post-Accident &Reasonable Suspicion Testing,Employee $10,830 $11,155 $11,678 $12,223 $12,789 Assistance Program 7 Corporate Support $0 $0 $0 $0 $0 Expenses 8 Other(If any other,please specify) $0 $0 $0 $0 $0 Profit 9 $49,292 $47,207 $48,299 $49,274 $49,530 $49,292 $47,207 $48,299 $49,274 $49,530 Total TOMS,Fixed Route and Paratransit Services $1,642,538 $1,554,512 $1,595,774 $1,633,568 $1,657,675 Total Extended Staffing Bid Alternate $318,027 $316,274 $323,240 $330,363 $337,654 Total $1,960,565 $1,870,786 $1,919,014 $1,963,931 $1,995,329 B-2 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Fixed Route Services Cost Proposal 2019 2020 2021 2022 2023 Scope Scope Description Item 1 Fixed Route Staffing $2,737,649 $2,841,634 $2,912,347 $2,985,672 $2,999,608 Fixed Route Operations Manager Labor& Fringe $59,329 $60,539 $61,775 $63,037 $64,325 Supervisors Labor&Fringe, Office Materials &Supplies, Reports, $87,569 $89,429 $91,332 $93,277 $95,266 Internet/Cell Drivers/Operator Wages&Fringe, Training and Travel, Uniforms, Driver Bonuses, Pre-employee Physicals, $2,461,315 $2,557,213 $2,621,348 $2,688,026 $2,698,097 Drivers background checks and Driving records Back-up/Extra Board Drivers/Operator Wages & Fringe, Training and Travel, Uniforms, Driver Bonuses, Pre-employee Physicals, $129,437 $134,452 $137,893 $141,332 $141,921 Drivers background checks and Driving records 2 County-owned Vehicle Insurance $417,139 $424,389 $429,634 $435,331 $437,540 Auto Liability, Business Practices, Workers Compensation,Other Insurance, Insurance Deductible, $417,139 $424,389 $429,634 $435,331 $437,540 Accident Repairs 3 Schedule Production and Distribution $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 Transfer Facilities,Administration& Operations Buildings Maintenance $0 $0 $0 $0 $0 Expenses $0 $0 $0 $0 $0 5 Vehicle Servicing $0 $0 $0 $0 $0 Vehicles Servicing Materials and Supplies, Parts (Minor Repairs), Labor 6 Vehicle Maintenance and Cleaning $123,895 $130,136 $133,447 $135,535 $137,850 Expenses $123,895 $130,136 $133,447 $135,535 $137,850 Bus Stop Inventory&Shelter Repair Work $89,405 $94,310 $98,501 $101,776 $105,343 Program Labor, Fringe,Supplies,Shelter and Site Maintenance and Repair The contractor shall clean and maintain all bus stops,shelters,benches and signs including trash pickup daily or $89,405 $94,310 $98,501 $101,776 $105,343 as needed; pressure wash shelters and amenities at least once annually or as needed. 8 Safety Program $10,720 $11,109 $11,217 $11,327 $11,425 $10,720 $11,109 $11,217 $11,327 $11,425 9 Drug&Alcohol Testing Program $16,520 $17,016 $17,814 $18,645 $19,509 Employee Testing, Random Testing, Post-Accident& Reasonable Suspicion Testing, Employee $16,520 $17,016 $17,814 $18,645 $19,509 Assistance Program 10 Other(If any other, please specify) .2$104,963 $110,132 $112,385 $114,638 $114,231 Profit $104,963 $110,132 $112,385 $114,638 $114,231 Total Cost $3,500,292 $3,628,726 $3,715,345 $3,802,923 $3,825,507 Total Revenue Hours 71,928 72,144 72,036 72,036 71,928 AC) Cost per Revenue Hour $48.66 $50.30 $51.58 $52.79 $53.19 Fixed Route Cost Proposal 2019 2020 2021 2022 2023 Scope Scope Description Item 1 Salaries,Wages,Benefits and Administration $1,893,931 $1,937,408 $2,083,035 $2,236,856 $2,357,843 CAT Connect Operations Manager Labor&Fringe;Training and Travel; Uniforms;Bonuses;Pre-employee $59,329 $60,539 $61,775 $63,037 $64,325 Physicals;Background checks Driver/Road Supervisors Labor& Fringe, Office Materials&Supplies, $87,569 $89,429 $91,332 $93,277 $95,266 Reports,Internet/Cell Drivers/Operator Wages&Fringe, Training and Travel,Uniforms,Driver Bonuses,Pre-employee Physicals, $1,659,750 $1,698,154 $1,833,480 $1,976,615 $2,088,402 Drivers background checks and Driving records Back-up/Extra Board Drivers/Operator Wages&Fringe,Training and Travel, Uniforms,Driver Bonuses,Pre- employee Physicals,Drivers $87,284 $89,285 $96,448 $103,927 $109,850 background checks and Driving records 2 County-owned vehicle Insurance $238,902 $239,726 $255,845 $272,752 $288,437 Auto Liability,Business Practices, Workers Compensation,Other Insurance,Insurance Deductible, $238,902 $239,726 $255,845 $272,752 $288,437 Accident Repairs 3 Contractor Owned Vehicles&Equipment $68,606 $99,598 $102,215 $95,542 $95,320 Vehicles;radios;tablets;License& Insurance $68,606 $99,598 $102,215 $95,542 $95,320 4 County-owned Vehicle Servicing $0 $0 $0 $0 $0 Vehicles Servicing Materials and $0 $0 $0 $0 $0 Supplies,Parts(Minor Repairs),Labor 5 Maintenance and Cleaning $144,217 $128,499 $143,157 $159,601 $179,417 Expenses $144,217 $128,499 $143,157 $159,601 $179,417 6 Safety Program $7,229 $7,377 $7,846 $8,329 $8,843 Expenses $7,229 $7,377 $7,846 $8,329 $8,843 7 Drug&Alcohol Testing Program $18,356 $18,907 $19,793 $20,716 $21,677 Employee Testing,Random Testing, Post-Accident&Reasonable Suspicion $18,356 $18,907 $19,793 $20,716 $21,677 Testing,Employee Assistance Program 8 Other(If any others please specify) $73,090 $74,568 $78,073 $81,848 $85,785 Fuel $73,090 $74,568 $78,073 $81,848 $85,785 9 Profit $75,577 $78,454 $83,921 $89,395 $93,503 $75,577 $78,454 $83,921 $89,395 $93,503 Total $2,519,907 $2,584,538 $2,773,885 $2,965,038 $3,130,825 Total Trips 97,305 102,170 107,278 112,642 118,274 Cost per Trip $25.90 $25.30 $25.86 $26.32 $26.47 B-4 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Extended Staffing Bid Alternate Cost: Full-time and Part-time Employees Hourly Rate of Pay Year 1 Year 2 Year 3 Year 4 Year 5 Year 1 Division Manager 1.00 1.00 1.00 1.00 1.00 $ 52.88 Operations Manager- PARA 1.00 1.00 1.00 1.00 1.00 $ 24.04 Operations Manager- FR 1.00 1.00 1.00 1.00 _ 1.00 $ 27.38 Safety/Training Mgr 1.00 1.00 1.00 1.00 1.00 $ 22.56 Call Center Mgr 1.00 1.00 1.00 1.00 1.00 $ 35.58 Dispatchers 6.00 6.00 6.00 6.00 6.00 $ 18.00 Reservationists 2.00 2.00 2.00 2.00 2.00 $ 14.72 Schedulers 1.50 1.50 1.50 1.50 1.50 $ 17.50 Clerk/Farebox Reconciler 2.00 2.00 2.00 2.00 2.00 $ 17.66 Customer Service 6.00 6.00 6.00 6.00 6.00 $ 12.04 Road Supervisors 4.00 4.00 4.00 4.00 4.00 $ 16.98 ITS Coordinator 1.00 1.00 1.00 1.00 _ 1.00 $ 19.00 Utility 8.00 8.00 8.00 8.00 8.00 $ 12.45 "Full-Time Drivers 84.00 84.00 86.00 88.00 90.00 $ 17.80 "Part-Time Driver 5.00 5.00 5.00 5.00 5.00 $ 17.80 "Average driver wage Staffing plan based on 71,928 fixed route revenue hours and 97,305 paratransit hours B-5 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Cost Proposal Summary Cost Propostd Summary iVirr,V614`727:7577,—;;;r7,,,,TV --e',4111104, ' 'Afrom. oirkm:44100''"2019 2022 2623 1 TOMS 51 642,538 51 554,512 51,595,774 $1,633,568 $1,657,675 Extended Staffing 8p1Alternate $318,027 $316,274 5323,240 5330,363 $337,654 Sub-total $1,960,565 $1,870,786 $1,919,014 $1,963,931 $1,995,329 2 Fixed Route $3 500 292 $3,620,723 $3,715,345 $3,802,923 $3,825,507 Cost per Pevenue Hour $48.66 $50.30 $51.58 $S2.79 $S3.19 3 CAT Connect/Paratransit $2 519 907 $2,534,538 $2,773,885 $2,965,038 $3,130,825 Cost per Trip 525.90 525.30 525.86 526.32 $26.47 Total Cost $7,980,764 $8,084,030 $8,408,244 $8,731,892 $8,951,661 4 Total Cost less Extended Staffing Sid Alternate $7,662,737 57,767,776 58,085,004 $8,401,520 $8,614,007 5 Value Added Proposal Alternate $0 50 $0 $0 $0 6 Start Up Costs $29,057 5 Year Total Negotiated Contract Total $8,060,821 $8,084,050 $8,408,244 $8,731,892 $8,951,661 $42,185,668 B-6 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services Exhibit C Description: Grant Documents (following this page) (Exhibit 1-01 Federal Provisions & Exhibit 1-02 Grants Assurances [33 pages]) c-1 #18-7382 Collier Area Transit(CAT)Fixed Route,Demand Response Transit, and Transit Operations Management Services EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS FEDERAL TRANSIT ADMINISTRATION The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts( e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3)The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. FCP-1 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS Box is Checked If Provision Is Applicable ►I 1. Fly America Requirements ❑ 2. Buy America Requirements-Sign Certification Z 3. Charter Bus and School Bus Requirements O 4. Cargo Preference Requirements ❑ 5. Seismic Safety Requirements ® 6. Energy Conservation Requirements ® 7. Clean Air Act and Federal Water Pollution Control Act O 8. Bus Testing-Sign Certification O 9. Pre-Award and Post Delivery Audit Requirements-Sign Certification ® 10. Lobbying-Sign Certification; ►� 11. Access to Records and Reports ® 12. Federal Changes O 13. Bonding Requirements ® 14. Recycled Products ❑ 15. Prevailing Wage(Davis-Bacon Act) and Anti-Kickback DOL Wage Determination ►� 16. Contract Work Hours and Safety Standards Act ® 17. No Government Obligation to Third Parties Z 18. Program Fraud and False or Fraudulent Statements and Related Acts ® 19. Termination ® 20. Debarment and Suspension-Sign Certification 21. Privacy Act ® 22. Civil Rights Requirements ® 23. Violation and Breach of Contract O 24. Patent and Rights in Data ® 25. Transit Employee Protective Arrangements ® 26. Disadvantaged Business Enterprises(DBE)-Complete (2) Forms Anticipated DBE Form, Bidders List Z 27. Incorporation of Federal Transit Administration (FTA)Terms ® 28. Drug and Alcohol Testing ® 29.ADA Access ® 30. ITS Standards ❑ 31. Dept of Labor EEO Provision ►� 32. Safe Operation of Motor Vehicles ❑ 33. Additional Employee Protections(Construction Projects) ® 34. State Provisions FCP-2 0 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS 1. FLY AMERICA REQUIREMENTS (Applies to subcontracts) The Contractor agrees to comply with the following: a)Definitions. As used in this clause-- • "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • "United States" means the 50 States, the District of Columbia, and outlying areas. • "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b)When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects)or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons(and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR §47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. \ 2. BUY AMERICA REQUIREMENT(Applies to subcontracts) The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and includes microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (Attachments) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be refected as nonresponsive. 3. CHARTER AND SCHOOL BUS REQUIREMENTS Charter Service Operations The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(d); 2. FTA regulations, "Charter Service,"49 C.F.R. part 604; 3.Any other federal Charter Service regulations; or FCP-3 CA() EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS 4. Federal guidance, except as FTA determines otherwise in writing. The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations; or 3. Any other appropriate remedy that may apply. The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. School Bus Operations The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(f); 2. FTA regulations, "School Bus Operations,"49 C.F.R. part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. If Contractor violates this School Bus Agreement, FTA may: 1. Bar the Contractor from receiving Federal assistance for public transportation; or 2. Require the contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles, or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 4. CARGO PREFERENCE REQUIREMENTS(Applies to subcontracts) Use of United States-Flag Vessels -The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 5. SEISMIC SAFETY REQUIREMENTS(Applies to subcontractors) The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the FCP-4 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 6. ENERGY CONSERVATION REQUIREMENTS(Applies to subcontracts at every tier) lApplies to subcontracts at every tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS (Applies to subcontracts OVER$150,000 at every tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA"List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 —7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 8. BUS TESTING The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and ETA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. 9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance. 10. LOBBYING Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 11. ACCESS TO RECORDS AND REPORTS(Applies to Subcontracts at every tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and FCP-5 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 12. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 13. BONDING REQUIREMENTS (Applies to Subcontracts at every tier) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of[one hundred twenty (120)] days subsequent to the opening of bids, without the written consent of the COUNTY. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [one hundred twenty (120)] days after the bid opening without the written consent of the COUNTY, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of 'COUNTY's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the COUNTY as provided in [Item x"Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default, then the undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between the bid security and (Recipient's)total damages, so as to make the COUNTY whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements(Construction) A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. FCP-6 (CAE) EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.htmi#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The COUNTY shall determine the amount of the advance payment bond necessary to protect the COUNTY. Patent Infringement Bonding Requirements(Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The COUNTY shall determine the amount of the patent indemnity to protect the COUNTY. Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the COUNTY, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the COUNTY, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the COUNTY Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by the COUNTY and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to the COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 14. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials,"40 C.F.R. part 247. FCP-7 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS 15. PREVAILING WAGE AND ANTI-KICKBACK lApplies to subcontracts at every tier) The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction." In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland"Anti- Kickback"Act(40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States."The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. (1) Minimum wages-(i)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and FCP-8 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, FCP-9 -� EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding — Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Collier County may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i)of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of FCP-10 G�' EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i)of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice FCP-11 ��,0 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements- The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements-All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. FCP-12 �jj EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS (Applies to subcontracts at every tier) For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701- 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement. FCP-13 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Contract Work Hours and Safety Standards for Awards Not Involving Construction The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 17. NO GOVERNMENT OBLIGATION TO THIRD PARTIES(Applies to subcontracts at every tier) (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 18. PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ,i AO FCP-14 EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS 19. TERMINATION (Applies to subcontracts at every tier in excess of$10,000) a. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. FCP-15 CAO EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. h. Termination for Default(Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The contractor, within [10]days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. i. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part,for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. FCP-16 ih EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. j. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close- out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 20. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Applies to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit(irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e)Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer FCP-17 1:;) EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 21. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 22. CIVIL RIGHTS AND EQUAL OPPORTUNITY(Applies to subcontracts at every tier), The following requirements apply to the underlying contract: The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. §2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. FCP-18 CAO EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 23. BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier over$150,000) Disputes - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. Stats. 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. 24. PATENT AND RIGHTS IN DATA (Applies to subcontracts at every tier) Intellectual Property Rights This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this agreement, the term "subject data" means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of"subject data" include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract. 1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for"Federal Government Purposes," any subject data or copyright described below. For "Federal Government Purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. a. Any subject data developed under the Contract, FCP-19 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. 6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance. 25. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (Applies to subcontracts at every tier) The Contractor agrees to comply with the following protective arrangement of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b)do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case-by- case determinations of the applicability of 49 U.S.C. § 5333(b)for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. 26. DISADVANTAGED BUSINESS ENTERPRISE(Applies to Subcontracts at every tier) It is the policy of the Collier County Board of County Commissioners(BCC)to ensure that Disadvantaged Business Enterprises(DBE)s are defined in part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)—assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT—assisted contracts; FCP-20 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; or 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 1.6%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; •Total value of expenditures with DBE firms for the period; FCP-21 CAM EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS •The value of expenditures with each DBE firm for the period by race and gender; •Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.colliergov.net/your-government d visions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe 27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)TERMS (Applies to subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 28. SUBSTANCE ABUSE REQUIREMENTS Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the Florida Department of Transportation, or the COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually its compliance with Parts 655, Florida Statute 341.061, and Rule 14-90 Florida Administrative Code before January 20th to the Public Transit & Neighborhood Enhancement Division Director. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," FCP-22 1 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS which is published annually in the Federal Register. The certification will also include compliance with its adopted System Safety and Security Program Plan pursuant to Florida Rule Chapter 14-90. 29. ADA ACCESS Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 30. ITS STANDARDS Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). 31. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note. These goals are applicable to all of the contractor's construction work(whether or not it is Federal or federally-assisted) performed in the covered area. Goals for minority participation for each trade: 17.1% Goals for female participation in each trade: 6.9% 32. SAFE OPERATION OF MOTOR VEHICLES(Applied to Subcontracts at every tier) Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms "company-owned" and "company-leased" refer to vehicles owned or leased either by the Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 33. ADDITIONAL EMPLOYEE PROTECTIONS ON CONSTRUCTION PROJECTS The Contractor shall comply with U.S. DOL regulations, "Recording and Reporting Occupational Injuries and Illnesses,"29 C.F.R. part 1904; "Occupational Safety and Health Standards,"29 C.F.R. part 1910. 34. STATE GRANT PROVISIONS FCP-23 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Restrictions, Prohibits, Controls, and Labor Provisions: During the performance of this contract, the following provisions are to be included in each subcontract entered into pursuant to this contract: a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the County. d) Neither the County nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the County or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the County, the County, with prior approval of the Florida Department of Transportation, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. FCP-24 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS The County shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. FCP-25 CAO EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension. and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE.M/WBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Acknowledgement of Grant Terms and Conditions 7. Scrutinized Companies Certification GCA- 1 EXHIBIT [-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Meg Lassarat Name Project Name Chief Financial Officer Title Project Number MV Transportation,Inc. 94-2491705 Firm Tax ID Number 10-418-3132 DUNS Number 2711 Haskell Drive,Suite 1500,LB2,Dallas,TX 75204 Street Ad ress, i ai State,Zip Signature GCA-2 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned Amy Barry (Vendor!Contractor) certifies,to the best of his or her knowledge and belief,that: (I)No State appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch,or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant. the making of any State loan, the entering into of any cooperative agreement. and the extension. continuation, renewal, amendment. or modification of any State contract.grant, loan,or cooperative agreement. (2) No grantee. nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes. but is not limited to, salaries,travel expenses and per diem, the cost for advertising, including production costs; postage;entertainment;and telephone and telegraph;and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation,purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, MV Transportation,Inc . certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition.the Contractor understands and agrees that the provisions of 11.062,Florida Statutes., apply to this certification and disclosure,if any. Amy Barry Name of Authorized Official Assistant,Corporate Secretary Title rk`. ! , Signature of Vendor/Contractor's Authorized Official August 8,2018 Date GCA-3 COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies,to the best of his or her knowledge,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The Contractor, 1► ,\411�'kfl' "pQ,}l 1oyi n(, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification an disc osure, if any. / /f Signature of Contractor's Authorized Official Meg Lassarat,CFO Name of Authorized Official and Title 3/20/19 Date 07/18 R6 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 18-7382 Collier County Solicitation No. 1, Amy Barry hereby certify that to the best of my knowledge, neither I nor my spouse. dependent child, general partner. or any organization for which I am serving as an officer, director,trustee,general partner or employee,or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse. parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I. or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. !r Amy Barry Name re Assistant Corporate Secretary August 8,2018 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5)to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. GCA-4 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status.:d be veri`ed. un:er`a:_.statuses v. 1 require me PP ht_to either aro At a re•,.Seo statement Or arov,de source document at on that va Watts a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME P%:*.'E FE 0"'WEEP CON-PACT DJ-ULF AMOUNT MV Transportation,Inc. 94-2491705 $40,560,110 is TIME PRIME A FLORIDACERTF ED DISADVANTAGED. •.i TERAN t © 5 THE ACTPvi' 'OF"HIS"CO:`TRsc''. M44oRreott wotaN BUSINESS ENTERPRISE% DBE 0+ CONSTRUCTIONS t ($ COSE.MBEW BEI OR HALE A SMALL DISAD'.AJTAGE0 BUSINESS EA CERTIP'CAT Oh PROM THE SMALL BUSINESS MBE? v d CONSULT:LTOW Y 0 ADMINISTRATION? ASER-vCEDISABLED r'rERA•t' h$E! Y © OTHER r 0 N SOD SAT IS"rriSSUBMI.IS0`:A';EvISiON3 N F TES,F.EV SION NUMBER 8. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION 08E Wwet SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHN!CrrY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY ;see Be owl DOLLAR AMOUNT DOLLARS DBE JCM &Associates, Inc. Uniforms HA $51,781 0.13% TOTAL; C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE Trill OF SUBMITTER Amy Barry August 8,2018 Assistant Corporate Secretary EMAIL ADDRESS OF PRIME ISUBMITTER) TELEPHONE NUMBER FAX NUMBER logan,mc1eod@mvtransit.com 561-846-2236 707-446-4177 NOTE:This informaDon is used to track and repor ant;opated DBE or MBE participation in ffCeraliY-funded contra= 'he anticipated ZEE or MBE amount is vo:unbar{and,.711 not become Yat c'the contractua terms. This`orm must be submitted a:nice of response tc a sole:Eton f and:a hen awarded a County cont:a:t,the prime anis be asked to update me m'crmation for the`rant corn:tance`^es. ETTiMCITY CODE t ack American BA rspanicAmerican FA Name American NA -:bccnt.As an American SAA ASi3n-Pacific American APA '.on-t/ncrr Vomer. N.Mv' Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY ZEPAR"Eri-%ArIE COL.EF ce%.7.41:7T•;f3.RG=o•�0 550 :GRANT PROGRAM CONTF.AC- ACCif.0By DATE EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES 10 OPPORTUNITY UST FOR COMMODITIES Al:CI CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES r.:'^e pohci.of Co'''it Counry that dsed.ontoytdo✓sineses and m'^or,':y:t'v0+1.65:tf^e 'n VciC C .of Fedtra Pagu;d1'o s IC..'?)or F.or:.r.^,3,!3ru:f;ir ,, St.hc:e rhi oar.ortunity tc pornci0O.E o ;ur,,'r -t ., `0,;cote y•p' os stance. Prr_COntractor;Prime Ccnsthtant MV Transportation,Inc. address and Most Number 2711 N.Haskell Ave.,Suite 1500 LB-2,Dallas,TX 75204 (561)846-2236 Procurement F umber,Adreruement hi under: 18-7382 The list be ow 5 intended to be a listing of`trrrs that are or a:ternMing to,par+cipate on the o ojec numbered above.T!e,tst must Inc tide the`rm booing or auoting as pr re as we I as subs and 5uprs tars ducting for part"vcipation Prime contractors and cones:-ants must provide nfarmatjcnfor Numbers 1 ,2,and 4.and,should provide am nformation they ha 'or Numbers 5.6,r.and s.'his form must be submitted with the tad pecivage 1. Feder a!Tax i0 Number 94-2491705/11-3706363 6 H DBE n ;znnralGross secepts Z. Farm Name: MV Transportation,Inc./MV Contract Transportation,Inc. Non-06E —•_Lass than$1 mOo n 3. Phone Number (561)846.2236 5ety den S 1-5 nation ^r a address 2711 N Haskell Ave Suite Between S 3.10 minion 1500 IB-2 7 ;•rxantracttar Between;1015mi+ion .-.- Dallas,TX 75204 Subconsuitant .r.lo-e than;13 million 5 'rear F rm Estabitsesee 1978 I Feeera Iasi ;,;umbar 52-2355150 6 x DEE s nnn.saalGross P6cepts __ armName 11 M&Associates Inc NCI-DBE Less than;lmrflton 3. Phone'umber 800-543-3732 X Between;1-5 million address 5443 E. Washington Blvd. Ber..een;3-10Mika Commerce.CA 90040 C suxantracor �Betieeen 10-15mi;.ron :ubcorou'tant Filar*than;15 ma lion 5 rear F rm Established 1987 I Feces:Tax ID Number 6 DeE E Annual Gross Cece:pes F.nit Name - Nan-DBE Lars than 1 1 million 3- Phone Number Betv.een 1 1-5 million `_ address Between;3-10 rmllion — ;uxantracor Ber.•.een;10-15million ~ Suriconsutant More than 1 15 mition - ,ea-F rm Established + 1. Federa+Tex I0Number 6 DBE S annulGross secepts Z. Fran Name. - Nat-DBE Less than;1 mtu ion `. �� 3. Phone Number Between;1.3 mullion `— a Ar0sess Between;3-10 million 140tontracorE -Berr.een I 1013 million Sutewnsuttant . Bet than:15,nal on 5 r=a-Frtn Established EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement. (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703.Fla. Stat. Certification On behalf of my firm. I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name MV Transportation,Inc. Date August 8,2018 Authorized Signature Amy Barry,Assistant Corporate Secretary Address 2711 N,Haskell Ave.,Suite 1500 LB-2,Dallas,TX 75204 Solicitation/Contract# 18-7382 GCA-7 0 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Scrutinized Companies Certification The undersigned MV Transportation,Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief,that it is not listed on the • Scrutinized Companies with Activities in Sudan List, • Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.and/or • Scrutinized Companies with Activities in Israel List (eff. 10.1.2016), pursuant to Section 215.473, F.S. The subcontractor further agrees the County may immediately terminate this contract for cause if the vendor/contractor is found to have submitted a false certification or is placed on the Scrutinized Companies list during the term of the contract. Amy Barry Name of Authorized Official Assistant Co .. ate Secret. Title 1 Signature of Vendor/Contractor's Authorized Official Augur 8,2018 Date GCA-8 COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies,to the best of his or her knowledge,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, MV Transportation,Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §3801 et seq.,apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes.. apply to this certification a disclosure, if any. Signature of Contractor's Authorized Official Amy Barry,Assistant Corporate Secretary Name of Authorized Official and Title August 8,2018 Date 07/18 Rha A Rd CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McGriff,Seibels&Williams of Oregon NAME: 1800 SW First Avenue,Suite 400 (A/C, Ext):503-943-6621 FAX No):503-943-6622 Portland,OR 97201 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A ACE American Insurance Company 22667 INSURED INSURER B:Indemnity Insurance Company of North America 43575 MV Transportation,Inc.and subsidiaries 2711 N Haskell,Suite 1500 INSURER C:ACE Fire Underwriters Insurance Company 20702 Dallas,TX 75204 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:T5B364QX REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G71233248 02/01/2019 02/01/2020 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE n OCCUR DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) _ $ X PERSONAL&ADV INJURY $ 5,000,000 GE 'L AGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 nX POLICY JEa n LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ A AUTOMOBILE LIABILITY XSA H25281755 02/01/2019 02/01/2020 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WLR C65432250 AOS) 02/01/2019 02/01/2020 x PER OTH- B AND EMPLOYERS'LIABILITY WLR 065432213(AZ,MA) STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WCU C6543233A(CA,OH,WA) E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A SCF C65432298(WI) (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners are named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms,conditions,limits and exclusions. GILLIG G29E102R2 15GGE291951091092 GILLIG G29E102R2 15GGE291051091093 GILLIG G29E102R2 15GGE291251091094 FORD F150 EXTCAB 1FTRX12W96nb36035 (continued next page) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E. Naples,FL 34112 Page 1 of 4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A�WWRD ADDITIONAL REMARKS SCHEDULE Page2of4 PRODUCER INSURED McGriff,Seibels&Williams of Oregon MV Transportation,Inc.and subsidiaries POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 03/15/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: (continued from previous page) FORD E350 1FDNE31PX6DA64080 GILLIG G29E102R2 1500E291661091164 GILLIG G29E102R2 15GGE291861091165 GILLIG G29E102R2 15GGE291X61091166 GILLIG G29E102R2 15GGE291161091167 GILLIG G27E102N2 15GGE271471091586 GILLIG G27E102N2 15GGE271671091587 GILLIG G27E102N2 15GGE271871091588 GILLIG G27E102N2 15GGE271X71091589 GILLIG G27B102N4 15GGB2719A1177671 GILLIG G27B102N4 15GGB2719A1177672 GILLIG G27B102N4 15GGB2719A1177673 GILLIG G30B102N4 15GGB3014A1178484 GILLIG G30B102N4 15GGB3016A1178485 GILLIG G27B102N4 15GGB2710C1180347 GILLIG G27B102N4 15GGB2712C1180348 GILLIG G27B102N4 15GGB2414C1180349 GILLIG G27B102N4 15GGB2719C1180752 GILLIG G2713102N4 15GGB2710C1180753 GILLIG G27D102N4 15GGD2712E1184199 GILLIG G27D102N4 15GGD2715E1184200 GILLIG G27D102N4 15GGD2718F1184208 FREIGHT LINER 4UZADPDU1GCHJ1809 CHEVROLET Crusader 1GBJG316091160976 CHEVROLET Crusader 1GBJG316091162405 CHEVROLET G3500 Crusader 1GBJG316591167969 CHEVROLET G4500 Odyssey 1GB9G5B60A1120334 CHEVROLET G4500 Odyssey 1GB6G5CL3B1122426 CHEVROLET G4500 Odyssey 1GB6G5CL6B1126664 CHEVROLET G4500 Odyssey 1GB6G5CL7B1129024 CHEVROLET Turtle top 1GB6G5BL4C1172559 CHEVROLET Turtle top 1GB6G5BL1C1175080 CHEVROLET Turtle top 1GB6G5BL8C117970 CHEVROLET Turtle top 1GB6G5B6LD1153772 CHEVROLET Turtle top 1GB6G5BL6D1153948 CHEVROLET Turtle top 1GBGG5BL6D1155019 FORD Turtle top 1FDEE4FLOEDA75938 CHEVROLET GLAVAL BUS 1GB6G5BL4E1202016 CHEVROLET GLAVAL BUS 1GB6G5BL7E1201782 CHEVROLET GLAVAL BUS 1GB6G5BL2E1201074 CHEVROLET GLAVAL BUS 1GB6G5BL9E1201346 CHEVROLET GLAVAL BUS 1GB6G5BL5E1201389 CHEVROLET GLAVAL BUS 1GB6G5BLOF1259279 CHEVROLET GLAVAL BUS 1GB6G5BLOF1261808 CHEVROLET GLAVAL BUS 1GB6G5BL8F1262043 CHEVROLET GLAVAL BUS 1GB6G5BL6F1263000 CHEVROLET GLAVAL BUS 1GB6G5BLOF1263333 MOVT MV1 57WMD1A65EM100427 Ford F-150 Bi-Fuel 2FTPF17Z12CA25413 Ford Van 1FBSS31L19DA15436 Ford E350 1FDEE3FLXDDB09747 Ford E350 1FDEE3FLXDDB09764 Ford E350 1FDEE3FL7DDB13187 Ford E350 1FDEE3FL8DDB09746 Ford E350 1FDEE3FL2DDB16191 Ford E350 1FDEE3FL3DDB13185 Ford E350 1FDNE31PX6DB35066 Ford E350 1FDNE31L29DA93932 MOVT MV1 523MF1A60CM101667 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER:T5B364QX AGENCY CUSTOMER ID: _ LOC#: AR D® ADDITIONAL REMARKS SCHEDULE Page3of4 PRODUCER INSURED McGriff,Seibels&Williams of Oregon MV Transportation,Inc.and subsidiaries POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 03/15/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: CRIME Insurance Company: Beazley Insurance Company, Inc. Policy #: V23352180101 Policy Period: 05/30/2018 - 05/30/2019 Limit (Per Claim) : Employee Theft - $1,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER:T5B364QX AGENCY CUSTOMER ID: LOC#: A`o® ADDITIONAL REMARKS SCHEDULE Page4of4 PRODUCER INSURED McGriff,Seibels&Williams of Oregon MV Transportation,Inc.and subsidiaries POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 03/15/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Network Security and Privacy: Insurance Company: Syndicate 2623/623 at Lloyd's Policy #: W1A99B190401 Policy Period: 01/11/2019 to 01/11/2020 Claim Limit: $1,000,000 Annual Aggregate: $1,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER:T5B364QX