Backup Documents 05/26/2009 Item #16B 6
16B6
MEMORANDUM
Date:
May 28, 2009
To:
Tessie Sillery, Operations Coordinator
Transportation! A TM
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agreement with FDOT for a "Demonstration of
Technology Project" allowing Collier County to use
a Hybrid ParaTransit Bus from June 15- June 26,2009
Attached are two original contract agreements, (Agenda Item #16B6)
referenced above and approved by the Board of County Commissioners on
Tuesday, May 26, 2009.
&~...
After forwarding for signature and further processing to the FDOT Office
of Public Transportation, please return a fully executed original document to
the Minutes and Records Department.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI 'B 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete rouring lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist., and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Aoplicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from ~
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's f/ /rJ.../
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the """t-
document or the final nee:otiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~
si!ffiature and initials are reQuired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours of BCC approval. 4--
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
INSTRUCTIONS & CHECKLIST
I: Forms/ County Fonus/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05
1686
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION CONTRACTUAL AGREEMENT
FOR DEMONTRA TION OF TECHNOLOGIES
THIS AGREEMENT, consisting of this portion and Exhibit(s) A , attached hereto and made a part hereof,
effective on the date herein specified, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinaftercalledthe"DEPARTMENT"andBoard of County Commissioners, Collier,County, F
hereinafter called the "CONTRACTEE".
WITNESSETH
WHEREAS, the CONTRACTEE is desirous of participation in the Demonstration of Technologies project from the
DEPARTMENT, the passenger vehicle(s) and/or equipment, described in Exhibit A, hereinafter called the
"Equipment", shall be provided to the CONTRACTEE for a period of two weeks .
NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, the parties agree as
follows:
1. AGREEMENT TERM
This Agreement is effective on June 15, 2009 . Proof of Insurance coverage by the
CONTRACTEE, as provided in paragraph 5 hArAin. mlJst be or9~ded to the DEPARTMENT prior to the effective
date. This Agreement shall terminate on _ ~e 26, 2009 ' unless the contract is
terminated sooner in accordance with paragraph 11.
2.
DELIVERY
8300 Radio Road
Naples, Florida 34104
and
The parties agree that the Equipment, will be delivered to:
will be released to the CONTRACTEE at that location, on a mutually agreed to schedule.
3. TITLE
It is expressly understood and agreed by the parties hereto that the title(s) to all Equipment herein are and shall
remain in the DEPARTMENT, and the CONTRACTEE agrees not to loan, sell, sublet, assign or mortgage said
Equipment, or lend or permit them to be subject to any legal process without the DEPARTMENT'S prior written
consent.
4. MAINTENANCE
The CONTRACTEE shall at the DEPARTMENT'S expense, perform maintenance, repair, and service of the
Equipment in accordance with standard preventive and corrective maintenance procedures on the basis of
instructions supplied by the DEPARTMENT and/or the manufacturer. Preventive maintenance practices consistent
with proper equipment care will be exercised. The CONTRACTEE further agrees to maintain the Equipment in
optimum condition. All maintenance actions and replacement of parts will be documented fully and reported to the
DEPARTMENT in accordance with paragraph 7. The CONTRACTEE shall maintain daily, weekly and monthly
readings in the following areas: Fuel Miles per Gallon (MPG), Oil Consumption, Miles Operated and Other Fluid Use.
5. INSURANCE
The CONTRACTEE agrees to carry insurance during the term of the Agreement, or if self insured, guarantee liability,
for minimum coverage as follows, naming the DEPARTMENT as an insured:
Page 1 of 5
1686
Liability coverage in an amount of $100,000 for the death or injury of one person, $300,000 (see F.S. 324.021) in the
event of death or injury of two or more persons in a single accident, including liability to any employees engaged in
operation of the vehicle(s), and $50,000 for property damage. Comprehensive and collision coverage will be obtained
for the full value of the vehicle, less normal deductible which shall be borne by the CONTRACTEE.
The DEPARTMENT shall be provided advance notice of any proposed cancellation of coverage of the Equipment.
Copy of policy and endorsements, any notices of proposed cancellation of coverage shall be sent to the
DEPARTMENT at the following address: Florida Vehicle Procurement Manaaer. 605 Suwannee Street. MS-26.
Tallahassee. FL 32399 (Department of Transportation Office)."
6. OPERATIONS
In the operation of the Equipment the CONTRACTEE agrees:
a. To limit use of Equipment to approved transit services. No changes in the use of Equipment shall be
implemented by the CONTRACTEE unless written authorization is received from the DEPARTMENT.
b. Not to make any alterations or modifications to Equipment without the written consent of the DEPARTMENT.
c. CONTRACTEE shall not alter the Equipment by affixing or painting any designs, or making signs on the
Equipment. Neither commercial nor political campaign advertising shall appear on Equipment. Public
service posters or announcements may be placed in pre-existing advertising racks, if any. CONTRACTEE
may program the destination sign with local information.
d. Not to use the Equipment in violation of Federal, State or Municipal Statute, law, regulation, administrative
ruling, order or ordinance.
e. To hold the DEPARTMENT harmless from all fines, forfeitures or penalties for traffic violations or other
violations incurring in connection with the operation of the Equipment.
f. To cause each vehicle to be operated only by a fully qualified, competent, and licensed driver.
CONTRACTEE shall require each driver to have a good driving record and to operate with all due care and
diligence to prevent injuries, loss or damage of any nature.
g. To protect the Equipment from theft and other hazards while under the CONTRACTEE'S control.
h. To be responsible for all damages and loss to Equipment in the event of disaster, fire, theft, flood, riot,
strikes, conversion, collision or other partial or total destruction except to the extent DEPARTMENT may be
reimbursed by payment of insurance proceeds.
i. To verbally notify the DEPARTMENT immediately of any theft, fire, improper performance, damage,
accidents or collision in which the Equipment has been involved and, refrain from operation of such
Equipment so involved until permission is obtained from the DEPARTMENT; to supply a copy of any report
required to be filed with any administrative body or governmental unit, to supply a written report within seven
(7) days of any theft, fire, accident or collision involving any Equipment. In the event of failure to so notify the
DEPARTMENT, responsible for any loss to the DEPARTMENT as a result of such failure; to cooperate fully
with the DEPARTMENT in any reasonable way to prevent loss; to aid in every reasonable way in the
defense of suites or other proceedings which may be brought as a result of the operation of said Equipment;
to notify the DEPARTMENT promptly of any papers, notices or documents served upon the CONTRACTEE,
its agents, or employees, arising out of operation of said Equipment
Page 2 of 5
1686
j. CONTRACTEE shall not initiate any actions for recovery of damages to Equipment without written consent
of the DEPARTMENT. CONTRACTEE shall take no steps which would affect the DEPARTMENT's claim for
damages without written consent of the DEPARTMENT.
7. REQUIRED REPORTS
In addition to special reports, as necessary, previously cited in paragraph 6i, the CONTRACTEE agrees to provide
regular operating and maintenance reports as follows:
(a) Although the DEPARTMENT will reimburse for all maintenance, records of inspection, corrective, or
preventive maintenance actions, including identification and cost of parts used, labor hours and vehicle
mileage shall be recorded on work order forms. The work order should identify how failure(s) (if any) were
detected; whether by regular inspection, driver report, vehicle breakdown, or other. The work order forms
shall be accumulated and provided weekly, with maintenance summary report and inspection checklists (as
applicable), to the Florida Vehicle Procurement Manager.
(b) Individual vehicle Maintenance Record Files shall be kept current by the CONTRACTEE. Records shall be
available for the DEPARTMENT'S review during periodic compliance inspections.
(c) If CONTRACTEE does not have an established maintenance work order system, forms will be provided for
use, by the DEPARTMENT. These forms shall be completed and submitted, as previously described.
(d) Maintenance Summary Reports, provided by the DEPARTMENT, shall be submitted for each Equipment
item with completed work orders and preventive maintenance checklists, as applicable, attached thereto.
Reports shall be submitted weekly. CONTRACTEE shall submit a final report and summary of experience
during the demonstration project once the Agreement term is completed.
8. AUDITS AND INSPECTIONS
CONTRACTEE agrees to permit the DEPARTMENT'S designated representatives to audit all books, records and
files relative to the operation and maintenance of the leased vehicles, equipment and parts (as applicable); to assist
in providing said documents and information and to permit inspection of vehicles, equipment and parts by the
DEPARTMENT'S representatives.
9. INDEMNIFICATION
To the extent allowed by law, the CONTRACTEE hereby agrees to indemnify, defend, save and hold harmless the
DEPARTMENT from all claims, demands, liabilities and suits of any nature whatever arising out of, because of or due
to the breach of the Agreement by the CONTRACTEE, its agents or employees, or due to any act or occurrence of
omission or commission by the CONTRACTEE, its agents or employees. It is specifically understood and agreed that
this indemnification agreement does not cover or indemnify the DEPARTMENT for its sole negligence.
10. WARRANTS
The CONTRACTEE warrants that it has not employed or retained any company or person, other than a bona-fide
employee working solely for the CONTRACTEE any fee, commission, percentage brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of
this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability.
11. TERMINATION
Page 3 of 5
~,,_.~.'.'" P'l1I'''' 'fill''' ~
16B6
a. BREACH. The DEPARTMENT may, by written notice to the CONTRACTEE, cancel this Agreement for any of the
following reasons, to be effective upon receipt of said notice:
(1) The CONTRACTEE takes any action pertaining to this Agreement without approval of the DEPARTMENT which
under the procedures of the Agreement would have required the approval of the DEPARTMENT.
(2) The CONTRACTEE defaults under any provisions of this Agreement.
(3) The CONTRACTEE uses the vehicles, equipment or parts in a manner not provided for under the provisions of
this Agreement.
b. CANCELLATION. Either party may, by mutual agreement, cancel or terminate this Agreement by no less than
fifteen (15) days written notice to the other party.
(1) Return of Equipment shall be governed by "paragraph c", below.
c. ACTION UPON EXPIRATION OR CANCELLATION. In the event of expiration or cancellation of this Agreement,
CONTRACTEE agrees to proceed as follows:
(1) Deliver all Equipment and parts (if applicable) within
date to The Department of Transportation, District Office
the hours of 9:00 am and 3:00 pm, Monday-Thursday.
3
I
days after termination
between
(2) To be responsible for the cost of repairing, replacing or restoring any of said Equipment not delivered in
optimum condition.
(3) To insure that tread remaining on the tires of the delivered vehicles is no less than 7/32" on any of the tires
to provide for safe transport by the DEPARTMENT to the next destination, and to be responsible for the cost
of replacing tires not meeting said standards.
(4) Ensure Equipment is returned clean and with a full tank of fuel.
12. COMPLETENESS OF AGREEMENT
This Agreement sets forth all the agreements, terms, conditions and understandings, between the DEPARTMENT
and CONTRACTEE and there are no agreements, customs, usages, terms, conditions or understandings either oral
or written, expressed or implied, between the parties, other than set forth herein.
Page 4 of 5
1686
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Operations Administrator, Office of Public Transportation
Board of County
AGENCY NAME
rs, Collie County, Florida
~ ~~ ~jd~#- it!.,?
AGENCY REPRESENTATIVE- DONNA FIALA, Chairman 7,/0 / c.
BY:
TITLE Chairman
ATTEST:
(SEAL)
ATTEST
DW!~t:tr:~,Ii4ROCK, CLERK
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......, County Attorney
Page 5 of 5
1686
EXHIBIT A
LEASE AGREEMENT
FOR VEHICLES AND EQUIPMENT
This Exhibit forms an integral part of that particular Lease Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION and Board of County Commissioners, Collier County, Florida,
executed: May 26, 2009
DESCRIPTION OF LEASED EQUIPMENT:
OOTID
NUMBER
MT031l05
LEASE
RATE
MODEL
YEAR
2009
CURRENT
INSURANCE
VALUE
LEASE PAYMENT SCHEDULE:
AMOUNT DATE
DUE DUE
MAKE
PSG.
CAP.
INTL
SECTION
NUMBER
JOB
NUMBER
V.\.N.
IHVBTAAL09H082366
ASSOCIATED EQUIPMENT
OR OTHER DATA AS REQUIRED
PERIOD COVERED
BY PA YMENT(S)
LESSEE F.E.I.D.:
LESSEE BILLING ADDRESS:
1686
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE FLEET PROGRAM
VEHICLE RELEASE FORM
725-030-01
TRANSIT
7/93
POINT OF ORIGIN:
The undersigned, representing
acknowledges receipt of the following described vehicle(s):
YEAR MAKE DOT# VIN DESCRIPTION LAST PM
This date in good condition except as herein noted and acknowledge receipt of the following associated publications and/or
equipment/parts:
Description of the vehicle other than satisfactory:
Release authorized by:
Date:
Inspected by:
Date:
Receipt Acknowledged by:
Date:
Vehicle odometer reading:
Vehicle destination/purpose:
16B6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WORK ORDER
STATE FLEET PROGRAM
FORM 725-030-04
TRANSIT - 07/93
Page 1 of 2
CHECK HERE IF ROAD CALL 0
Equip. No. Bus Other: Make & Model Serial No. Speedometer Reading
Car
Truck
Shop Location Date Shopped Date Released
REPAIR INSTRUCTIONS
MATERIAL USED OUTSIDE REPAIRS
Quan. Part No. Description Unit Price Description Unit Price
$ $ $ $
COST SUMMARY
(Where Required Only)
Total Labor $
Total Material
Total Outside Repairs
Job Total $
MECHANIC LABOR HOURS
1686
FORM 725-030.04
TRANSIT - 07/93
Page 2 012
LABOR DETAIL
OPERATION PERFORMED MECHANIC'S SIGNATURE HRS TIME
IN
OUT
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16B6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE FLEET PROGRAM
FORM 725-030-09
TRANSIT
07/93
PREVENTIVE MAINTENANCE AND INSPECTION
VANS AND WAGONS
Vehicle No.
Odometer:
Work Order No.
Date:
REMARKS SYMBOLS
I OK
X REPAIRS REQUIRED
R REPAIRED OR
Refer to procedure manual for details of categories 0 NOT APPLICABLE
INTERIOR INSPECTION A B C
1 All Seats I Seat Belts
2 Doors I Hinges I Latches
3 Flooring I Headliner I Side Panels
4 Mirrors
5 Interior Lights
6 Exterior Lights I Horn
7 Waming System
8 Starter System I Automatic Choke I Backup Alarm
9 Windshield Wipers I W/S Washers I Windshield
10 Windows
11 Confort Systems
EXTERIOR INSPECTION A B C
12 Exterior Body and Components
13 Tires and lNheels
14 Access Doors I Fuel Cap and Port
SERVICE AND OPERATION INSPECTION A B C
15 Engine Oil and Filter, (change) I Transmission Fluid Check
16 Ball Joints I Steering I Drive Line (lubricate)
17 Battery
18 Cooling System
19 Air Cleaner I Filter
20 Belts I Hoses I Wiring
21 Underhood I Exhaust System
22 Brakes 0
23 Acceleration I Steering I Tracking 0
24 Transmission shift I Fluid level I Cooler and Lines 0
25 Front lNheel Bearings I Drive Shaft I UJoints 0 0
26 Shocks I Springs 0 0
27 Rear Axles I Differential 0 0
28 Engine TuneUp 0 0
29 Change Transmission Fluid and Filter 0 0
ACCESSORIES A B C
30 Fire Extinguisher I First Aid Kit I Safety Triangles 0
31 lNheelchair Lift I Tie Downs 0
32 License plate I Registration I Operators Manual 0
33 Air Conditioning System Check 0
34 0
Inspector
Note: Use back side of form for notations
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