Backup Documents 10/13/2020 Item #16D7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 60 7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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 routingf ines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2. Risk--Management
3. County Attorney Office County Attorney Office 4AK b - -
4. BCC Office Board of County BS by JH/s/ 1 -16-20
Commissioners
5. Minutes and Records Clerk of Court's Office PEr t D 1 4-ay.
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Tessie Sillery/Public Transportation Phone 239-252-5840
Contact/ Department
Agenda Date Item was October 13,2020 Agenda Item Number 16D7
Approved by the BCC
Type of Document 2nd Amendment Transit Operations Management Number of Original 1
Attached Services with MV Contract Transportation,Inc., Documents Attached
to allow for a temporary trip rate increase for
paratransit service in response to the COVID-19
Pandemic-Amendment#2.
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be TS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on October 13,2020 and all changes made TS
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the '`( r
Chairman's signature.
•Cr
I:Forms County Form BC Origma 114 is Rou ng WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D7
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, October 19, 2020 9:02 AM
To: s i l lery_t
Subject: Item #16D7 (BCC 10-13-20)
Attachments: Item #16D7 (BCC 10-13-20 BCC Meeting).pdf
Good Morning Tessie,
An executed copy of Item #1617,
from the Board's October 13, 202.0
meeting is attached for your records.
Thank you.
Ann JennejoAn
13MR Senior Deputy Clerk
tAIT(0,4, Clerk to the Value Adjustment Board
40 r`'rr
Office: 239-zs2.-8406
= Fax: 239-252-8408 (if applicable)
J
Avw<.Jevw.ejohvt@CollierClerk.com
, �a Office of the Clerk of the Circuit Court
k`t" �`� & Comptroller of Collier County
3z99 Tawiianni Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
i
* 607
SECOND AMENDMENT TO AGREEMENT No. 18-7382
FOR COLLIER AREA TRANSIT(CAT)FIXED ROUTE,DEMAND RESPONSE
AND TRANSIT OPERATIONS MANAGEMENT SERVICES
(GRANT FUNDED)
THIIS 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 11.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-1 9, 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
Page 1 of 3
Second Amendment to Agreement#18-7381
1 60 7
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
.
Aiet„)/X...Al-e.s.am--
By: O.Jt e., By:
•
Attest as to Ppla ' Burt L. Saunders, Chairman
Dated:Sig f'. .(DatD
Ap oved as to Fo4 an Legality:
ir . --.0. 2
uu - -4- .
!tern tt
Sco . each Agenda
Deputy County Attorney Date '0:;..1 "
Page 2 of 3 naae
Second Amendment to Agreement# 18-7381 ;- .c'dkte -1140.79
.
l
R
16D ?
ft-
By: NA:WiltRA444‘
Contractor: MV Transportation,Inc.
‘44,0
Contractor's First itness Signature TType/print name and title'
I-' 44 i
TType/print witness' name'
Contractor's Second Witness Signature
/10',kw L �raK
'Type/print witness' name'
•
Page 3 of 3
Second Amendment to Agreement# 18-7381
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management /4- N44-
2. County Attorney Office County Attorney Office �, 'ls
4. BCC Office Board of County
Commissioners 1°'11-?:9
4. Minutes and Records
o ds Clerk of Court's Office -/�
118f)&---
5. Procurement Services Procurement Services �`'�
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Jessica Suarez/PURCHASING Contact Information 239-252-8407
Staff Contact/
Department
Agenda Date Item October 13th,2020 Agenda Item Number 16.D.7
was Approved by the
BCC
Type of Document AMENDMENT Number of Original 1
Attached Documents Attached
PO number or N/A 18-7382 MV CONTRACT
account number if MV CONTRACT TRANSPORTATION,
document is to be TRANSPORTATION, INC
recorded
INC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on 10/13/2020 and all changes fElCE /A is not
the meeting have been incorporated in the attached document. The Co II�� n option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by KT 1 3 %, felIP /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the option for
Chairman's signature. Risk Ma this line.
I 6 0 7
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
Page 1 of 3
Second Amendment to Agreement# 18-7381
cit0
I. 601
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 13—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
4e...iv/
By: ,, .�• _ By:Q. $
Burt L. Saunders, Chairman
Attest as to Ch`y `n'S,
Dated:S1gn/15°44 v 0
Item# « I
Approyed'as to Form )„..s._..eality: Agenda t 0:13.
Gate �'---
if-CJil
�l/L--- ,Date 'Scott R. Teah Rec'd '�
Deputy County Attorney
Page 2 of 3 De u.y Cid: illi'-
Second Amendment to Agreement# 18-7381
II 6 0
/� 11
By: V �nM hte.M€AA
Contractor: MV Transportation, Inc.
664•iyaiot41---- M464tG wlatgNP)15tak 610-au, , Gf-0
Contractor's First Witness Signature TType/print name and title1
LeaN,)AbRAIA-1.-
s G
TType/print witness' name'*
Contractor's Second Witness Signature
A it4414, ‘viral
TType/print witness' name'
Page 3 of 3
Second Amendment to Agreement# 18-7381