#18-7382 Amend #2 (MV Transportation, Inc.) SECOND AMENDMENT TO AGREEMENT No. 18-7382
FOR COLLIER AREA TRANSIT(CAT)FIXED ROUTE,DEMAND RESPONSE
AND TRANSIT OPERATIONS MANAGEMENT SERVICES
(GRANT FUNDED)
THIS SECOND AMENDMENT TO AGREEMENT No. 18-7382 (the "Second Amendment") is
made and entered into this 22nd day of September 2020,by and between MV Contract Transportation,Inc.,
whose address is 2711 N. Haskell Ave., Suite 1500, Dallas, Texas 75204 (hereinafter referred to as the
"Contractor"),and Collier County,Florida,a political subdivision of the State of Florida,as the governing
body of Collier County(the"County")(collectively,the"Parties").
RECITALS:
WHEREAS, on April 9, 2019(Agenda Item 1 1.C.),the County entered into Agreement No. 18-
7382 ("the Agreement") with the Contractor to provide Fixed Route, Demand Response and Transit
Operation Management Services for the CAT; and
WHEREAS,on June 9,2020(Agenda Item 16.D.15),the County approved the First Amendment
to the Agreement to provide reimbursement of additional operating duties and expenses incurred in response
to the COVID-19 Pandemic;and
WHEREAS,the Coronavirus("COVID-19")outbreak has been declared a pandemic by the Center
for Disease Control(the"CDC"); and
WHEREAS,the Federal Transit Administration("FTA")allows for the modification of third-party
contracts to provide for cost increases in response to the COVID-19 Pandemic; and
WHEREAS, the pandemic has caused a significant reduction in paratransit ridership while the
Contractor has been required to maintain operations within regular service hours for the system;and
WHEREAS,the Contractor priced its cost per trip paratransit rate based on an annual trip volume
of 102,170(an average of 8,514 trips monthly),which the County included in its Request for Proposal that
sought these services;and
WHEREAS, with the onset of COVID-19, paratransit service has declined by as much as 66%
(3,309 trips in April);and
WHEREAS,the reduction in ridership caused, in part,by the Contractor's need to adhere to CDC
guidelines for social distancing(i.e., limiting the number of passengers on a bus)has resulted in a decline
in revenue realized by the Contractor and is placing a burden on the Contractor's financials;and
WHEREAS, Section 4.9 of the Agreement allows the Parties to negotiate in good faith equitable
adjustments to the rates set forth in the Agreement if the Contractor's operating costs increase or expected
revenue decreases as a result of state,federal or local government's adoption of any law,rule,regulation or
order that has the effect of increasing Contractor's cost to deliver the services under the Agreement.
NOW,THEREFORE, in consideration of mutual covenants and agreements set forth herein and
for other valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the County
and Contractor agree that the Agreement shall and herby is amended and modified on the terms provided
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Second Amendment to Agreement# 18-7381
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herein:
Terms and Conditions
1. Recitals. The preceding recitals are true and correct and are incorporated into this Second
Amendment by reference as if set forth herein.
2. The per trip rate for Paratransit service set forth in Exhibit B—Fee Schedules will be modified
effective August 1,2020 as follows:
Existing Amended
Paratransit Cost per Trip
$25.30 $31.14
3. The per trip rate as set forth in the terms of this Second Amendment shall remain in effect
through December 31,2020,and shall automatically expire effective that date.
4. Should the level of paratransit ridership increase to within five(5%)of historical normal trip
volumes prior to December 31,2020,the Amended rate increase shall cease at the end of the
billing period during which the increase occurred, and the existing paratransit cost per trip
rate shall be reinstated thereafter. Under no circumstance shall the Amended rate remain in
effect beyond December 31, 2020.
5. All other terms of the Agreement remain in effect.
6. This Second Amendment to Agreement No. 18-7382 is not effective until fully executed by
all Parties.
IN WITNESS WHEREOF,the parties have executed this Second Amendment on the date
and year first written above by an authorized person or agent.
ATTEST:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
And Comptroller COLLIER COUNTY, FLORIDA
By: /1,./tAe-e-A-4--
A � �,�� _ Q. By:
@St as to Ch.• O'S Burt L. Saunders, Chairman
AttDated:sign4V,NA " a'0
Appro s to Form Le ality:
Scott R. each
Deputy County Attorney
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Second Amendment to Agreement# 18-7381
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Contractor: MV Transportation,Inc.
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Contractor's First Witness Signature 'Type/print name and title''
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Contractor's Second Witness Signature
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Second Amendment to Agreement# 18-7381