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#18-7382 4th Amendment (MV Contract Transportation, Inc.) FOURTH AMENDMENT TO CONTRACT 18-7382 FOR COLLIER AREA TRANSIT(CAT) FIXED ROUTE, DEMAND RESPONSE AND TRANSIT OPERATIONS MANAGEMENT SERVICES (GRANT FUNDED) THIS FOURTH AMENDMENT TO AGREEMENT No. 18-7382 (the "Fourth Amendment") is made and entered into the 25W'day of /]gyp!';/ 2023, by and between MV Contract Transportation, Inc., whose address is 2711 N. HaskelI Ave., Suite 1500, Dallas, Texas 75204(hereinafter referred to as the"Contractor"),and the Board of County Commissioner of 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,on October 13,2020(Agenda Item 16.D.7),the County approved the Second Amendment to the Agreement to allow for a temporary trip rate increase for paratransit service in response to the COVID-1 9 Pandemic; and WHEREAS,on October 26,2021 (Agenda Item 16.A.14),the County approved the Third Amendment to the Agreement allowing for a rate increase to address staffing shortages; and WHEREAS,at the peak of the COVID-19 Pandemic,public transit ridership experienced a 65%reduction,however,over the last several months ridership has increase to a level that is 27% of pre-pandemic service levels: and WHEREAS,the COVID-19 Pandemic has significantly impacted the labor force creating a national driver shortage for the Transportation Industry and consequently affecting the ability to find enough drivers to cover both the Fixed Route and Paratransit services; and WHEREAS, despite efforts made by the Transit Vendor, MV Transportation Inc., current wage requirements in the labor market far exceed what was contemplated in the last procurement cycle, with a rapid increase in wages over the last several months; and WHEREAS, the current labor market not only affected the ability to attract workers, but also impacts the ability to retain workers at all levels, causing service interruptions to CAT's customers; and WHEREAS,the Parties negotiated the Third Amendment to the Agreement in good faith to provide an equitable adjustment to the then existing rates set forth in the Agreement to encourage 1 1.t the ability to hire drivers to operate both Fixed Route and Paratransit Route services; and WHEREAS, the current transit labor market conditions continue to pose a challenge to the Contractor being able maintain a full complement of available drivers to satisfy the needs of the County's Fixed Route and Paratransit rider community. NOW, THEREFORE, in consideration of mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Contractor agree that the Agreement shall and hereby is amended and modified to extend the rates previously enhanced in the Third Amendment through and including April 30, 2024, as provided herein. Terms and Conditions 1, Recitals. The preceding recitals are true and correct and are incorporated into this Fourth Amendment by reference as if set forth herein. 2. The Transit Operations Management Services (TOMS) rates set forth in Exhibit B — Fee Schedules, as amended by the Third Amendment to the Agreement, is further extended effective May 1, 2023, through April 30, 2024, and replaced with the following: TOMS Cost Proposal 2023 (May 1,2023-Apr(1.30,2024) Existing Annual Cost $1,995,329 Annual Increase $53,674 Total $2,049,003 3. The Fixed Route Services Revenue Hour rates set forth in Exhibit B — Fee Schedules, as amended by the Third Amendment to the Agreement, is further extended effective May 1, 2023, through April 30, 2024, and replaced with the following: Fixed Route Cost Proposal „ 2023 Revenue Hour 72,036 Existing Cost per Fixed Route Revenue Hour $53.19 Cost per Fixed Route Revenue Hour $57.10 Annual Increase $281,661 Fixed Route Revenue Hour Enhancement $2.59 Annual Enhancement $186,573 Annual Impact $468,234 2 rA0 4. The per trip rate for Paratransit service set forth in Exhibit B — Fee Schedules, as amended by the Third Amendment to the Agreement, is further extended effective May 1, 2023, through April 30, 2024, and replaced with the following: W++Ifx 1:;}1;4,;:,),'Paratransit COst, i"o , Q'. 1i�j I a4 ?...�+.. r ��....� oP' . fit.,;.. Trip Estimate 112,642 Existing Cost per Trip $26.47 Cost per Trip $28.49 Annual Increase $227,536 Cost per Trip Enhancement $1.30 Annual Enhancement $146,435 Annual Impact $373,971 5. The Parties agree that extending the above rate adjustments established in the Third Amendment through and including the Agreement's termination date of April 30,2024, is warranted based on the current labor market. 6. All other terms of the Agreement as revised and not amended herein shall remain in effect. 7. This Fourth Amendment to Agreement No. 18-7382 shall be effective as of May 1, 2023. 3 CAO IN WITNESS WHEREOF,the parties have executed this Fourth Amendment on the date and year written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS And Comptroller,- COLLIER COUNTY, FLORIDA e. By: By: Attest'as;toChiijril t°3 Rick LoCastro, Chairman t. ,algfiatur.e•ont '' I� apt 2oa3 Date: 1,�>, � Ap d as to Form an Legality: . each Deputy County Attorney (C-'2) 4 AO By: Contract r: V Transportation, Inc. Jamie Pier on, Executive VP & CFO TType/Print name and titleT Contractor's First Witness Contractor's Second Witness Brandi LaFoy, Contracts Administrator TType/Print name and titleT 4Type/Print name and titled`