Agenda 04/09/2024 Item #16B 6 (Budget Amendment for Collier Area Fixed Route, Demand Response, and Transit Operations Management Services with MV Transport)04/09/2024
EXECUTIVE SUMMARY
Recommendation to approve the attached Budget Amendment and Amendment No. Five to Agreement No.
18-7382, Professional Services Agreement for Collier Area Transit Fixed Route, Demand Response, and
Transit Operations Management Services, with MV Transportation, Inc., to incorporate rates, make contract
modifications, and exercise the first renewal term.
OBJECTIVE: To approve a Budget Amendment Fifth Amendment to Agreement No. 18-7382 to exercise the
renewal term, incorporate the costs of services for the sixth year and make administrative changes to the Agreement
to address program needs that include clarifying a staff member's title to better reflect their actual duties, adding an
additional Call Center reservationist to the paratransi t program, and revising the performance-based liquidated
damages provisions.
CONSIDERATIONS: On April 9, 2019, (Agenda Item 11.C), the County entered into Agreement No. 18 -7382
(the “Agreement”) with MV Transportation, Inc., (“MV”) to provide Fixed Route, Demand Response, and Transit
Operation Management Services ("TOMS") for the Collier Area Transit (“CAT”) system. On June 9, 2020, (Agenda
Item 16.D.15), the County approved a First Amendment to the Agreement to provide reimbursement of additional
operating duties and expenses incurred in response to the COVID-19 pandemic. On October 13, 2020, (Agenda
Item 16.D.7), the County approved a Second Amendment to the Agreement to allow for a temporary trip rate
increase for paratransit service in response to the COVID-19 pandemic. On October 26, 2021, (Agenda Item
16.A.14), the County approved a Third Amendment to the Agreement to allow for a temporary rate increase to
address staffing shortages. On April 25, 2023, (Agenda Item 16.A.20), the County approved a Fourth Amendment
to the Agreement to allow for a temporary rate increase.
The Agreement allows the parties to mutually agree to extend the Agreement for two additional one -year renewal
terms. The attached Fifth Amendment seeks to exercise the mutually agreed-upon renewal term to extend the
Agreement for an additional year upon its anniversary date. Further, the Amendment incorporates increased rates
for the provision of services in the extended sixth year renewal term. Additionally, the Amendment proposes two
administrative changes: updating a staff member's title to accurately reflect their duties and adding an additional
reservationist due to increased call volume resulting from an increase in Paratransit trips. Finally, modifications
have been made to the performance-based liquidated damages (“LDs”) to consolidate and eliminate redundant
categories and integrate a new category addressing complaints to ensure promptness by the contractor to investigate
concerns. Staff conducted an evaluation of the impact of the proposed revision of the LDs by analyzing LD data
from the preceding three months, which revealed that the proposed LDs will remain consistent with the
Agreement’s intent to promote satisfactory vendor performance.
The following table provides the board with a comparison of the rate proposal with the current contract rate
including a 10% increase in Paratransit trips.
Current contract extension
Scope Description Current Rate 5/1/23-
4/30/24
Proposed Rate 5/1/24-
4/30/25
TOMS (Administrative Cost) $ 2,049,002 $ 2,214,668
Fixed Route $ 4,363,339 $ 4,611,879
Cost per Revenue Hour $ 59.69 $ 63.09
CATConnect/Paratransit $ 3,455,640 $ 3,976,480
Cost per Trip $ 29.79 $ 34.28
Contract Total $ 9,867,981 $ 10,803,027
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Following a cost evaluation, staff has deemed the proposed service and increased costs to be both adequate in
serving the needs of the system and competitive within the current market. An analysis of operational costs was
conducted to assess the reasonableness of MV Transportation's proposal compared to our own estimations. Despite
the recent rate increases, staff has conducted an independent cost estimate for the services. The proposed rates stand
16% below the outcome of the estimation for a new request for proposals (RFP).
Furthermore, considering the current market value for qualified staffing, staff retention, and attracting talent, it's
crucial for MV Transportation to maintain competitive wage levels. This ensures the uninterrupted delivery of this
vital service while upholding the expected quality standards.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective
transportation system to reduce traffic congestion and improve the mobility of our residents and visitors.
Additionally, the item is consistent with the objective to support access to health, wellness, and human services.
Staff is looking into other sources of revenue to fund the increase such as an advertising program. Americans for
Disabilities Act paratransit trips are mandated per FTA Circular 4710.1, but staff is also considering prioritization of
Transportation Disadvantaged trips in coordination with the Transportation Disadvantaged Service Plan (TDSP).
FISCAL IMPACT: Funding for the FY 2024 annualized proposed contract cost with increased Paratransit trips for
12 months which is $10,257,600; the total fiscal impact for the re mainder of the year is $717,300, (estimated
$138,100 for Fixed Route and $579,200 for Paratransit). A Budget Amendment in the estimated amount of $90,000
is required from Transportation Disadvantaged Fund (4033) Reserves supported by the annual General Fund (0001)
transfer to offset the increase in FY24. The remainder will be funded through multiple local, state and federal
sources within the transit family. Current grant programs include the Florida Department of Transportation State
Block Grant and Transit Corridor Development Program, Federal Transit Administration Sections 5311 and 5307,
all of which are within the CAT Grant Fund (4031), and the CAT Grant Match Fund (4032), Commission for the
Transportation Disadvantaged Trip and Equipment Grant, which is within the Transportation Disadvantaged (TD)
Grant Fund (4034), and TD Grant Match Fund (4035). Any expenditure required to be covered by local funding,
include matching requirements, are supported by the annual General Fund (0001) transfers to the CAT Operations
Fund (4030) and TD Operations Fund (4033).
In addition, staff conducted an analysis of the LD revision impact by using the previous three months of LD data,
revealing that the proposed LD's will be consistent with the LD's in the original operating agreement, depending on
vendor performance. The revised LD's encourage performance improvement.
The following is the contract cost annualized for Fiscal Year 2024:
Fiscal Year 2024 Annualized October - September
Scope Description Budgeted Total
w/Increase
TOMS (Administrative
Cost)
$ 2,049,002 $ 2,118,030
Fixed Route $ 4,363,339 $ 4,466,897
Cost per Revenue Hour $59.69 $59.69/63.09
CAT Connect/Paratransit $ 3,127,950 $ 3,672,657
Cost per Trip $ 29.79 $29.79/34.28
Grand Total $ 9,540,291 $ 10,257,584
The FY 2025 rate increase with an anticipated 10% increase in Paratransit Trips will be used for the FY25 budget
16.B.6
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04/09/2024
process. The increased cost for contractual services of operations is estimated to be $331,400 in Fixed Route and
$931,400 in Paratransit for an annual total of $1,262,800. The division is reviewing a potential revenue source for
advertising on bus exterior to offset this anticipated cost increase as well as prioritizing the Transportation
Disadvantaged trips. For any cost not covered by potential advertising or prioritizing trips, Federal and state grant
revenue sources will be maximized to reduce an increase to the local ad valorem subsidy.
GROWTH MANAGEMENT IMPACT: This item is consistent with Objective 12 of the Transportation Element
of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. -SRT
RECOMMENDATION: To approve Budget Amendment and Amendment No. Five to Agreement No. 18-7382,
Professional Services Agreement for Collier Area Transit Fixed Route, Demand Response, and Transit Operations
Management Services, with MV Transportation, Inc., to incorporate rates, make contract modifications, and
exercise the first renewal term.
Prepared By: Omar De Leon, Transit Manager
ATTACHMENT(S)
1. 18-7382 Amend #1 (PDF)
2. 18-7382 Amend #2 (PDF)
3. 18-7382 Amend #3 (PDF)
4. 18-7382 Amend #4 (PDF)
5. 18-7382 FifthAmendVS_MVContract (PDF)
6. [Linked] 18-7382 MV Transportation_Contract
16.B.6
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04/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.6
Doc ID: 28324
Item Summary: Recommendation to approve the attached Budget Amendment and Amendment No. Five to
Agreement No. 18-7382 - Professional Services Agreement for Collier Area Transit Fixed Route, Demand
Response, and Transit Operations Management Services with MV Transportation, Inc., to incorporate rates, make
contract modifications, and exercise the first renewal term.
Meeting Date: 04/09/2024
Prepared by:
Title: Planner, Senior – Public Transit & Neighborhood Enhancement
Name: Omar Deleon
03/18/2024 11:44 AM
Submitted by:
Title: – Public Transit & Neighborhood Enhancement
Name: Brian Wells
03/18/2024 11:44 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Caroline Soto TMSD Reviewer Completed
03/18/2024 11:49 AM
Public Transit & Neighborhood Enhancement Yousi Cardeso TMSD Reviewer Completed
03/18/2024 1:57 PM
Public Transit & Neighborhood Enhancement Brian Wells Director Review Completed
03/18/2024 2:33 PM
Transportation Management Operations Support Brandy Otero TMSD Reviewer Completed
03/19/2024 12:54 PM
Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed
03/19/2024 9:07 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 03/20/2024 9:55 AM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 03/25/2024 10:16 AM
Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 03/27/2024 3:53 PM
Transportation Management Services Department Trinity Scott Transportation Completed
03/27/2024 8:24 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 03/28/2024 8:17 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/28/2024 8:58 AM
Grants Erica Robinson Level 2 Grants Review Completed 03/28/2024 9:15 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/28/2024 9:25 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/28/2024 9:41 AM
Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 03/28/2024 3:52 PM
16.B.6
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04/09/2024
Grants Therese Stanley OMB Reviewer Completed 04/03/2024 2:28 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/03/2024 3:33 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM
16.B.6
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DocuSign Envelope ID: 89C84DBB-3B5D-4BAD-B04C-DB7E68FD2EE7
FIRST AMENDMENT TO AGREEMENT NO. 18-7382 - PROFESSIONAL SERVICES
AGREEMENT FOR COLLIER AREA TRANSIT ("CAT") FIXED ROUTE, DEMAND
RESPONSE AND TRANSIT OPERATIONS MANAGEMENT SERVICES
THIS FIRST AMENDMENT TO AGREEMENT No. 18-7382 (the "Amendment") is
made and entered into this _q* day of a ilL, 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 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 I I .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, the Coronavirus ("COVID 19") outbreak has been declared a pandemic
by the Center for Disease Control ("CDC"); and
WHEREAS, on March 27, 2020, President Trump signed the Coronavirus Aid, Relief,
and Economic Security ("CARES") Act into law providing for emergency assistance and health
care response for individuals, families and businesses affected by the COVID-19 pandemic and
providing for emergency appropriations to support Executive Branch agency operations during
the COVID-19 pandemic; and
WHEREAS, the Federal Transit Administration (the "FTA") allocated urbanized and
rural area formula funding at a 100-percent (100%) federal share, with no local match required,
to support capital, operating, and other expenses generally eligible under those programs to
prevent, prepare for and respond to COVID-19; and
WHEREAS, operating expenses incurred beginning on January 20, 2020 to maintain
transit services, as well as paying for administrative leave for transit personnel who are
quarantined after an actual or possible exposure to an individual infected with COVID-19 have
been determined to be reimbursable expenses by the FTA; and
WHEREAS, the FTA provides for the modification of third -party contracts to allow for
the reimbursement of operating expenses incurred in response to the COVID-19 pandemic; and
WHEREAS, for the purpose of this third -party contract amendment, administrative
leave shall be authorized leave for a worker that is quarantined after an actual or potential
exposure to an individual infected with COVID-19; and
WHEREAS, the FTA has determined that the legislation provides reimbursement for
operating expenses incurred in responding to the COVID-19 pandemic (hereinafter "COVID
Expenses") and explains that operating expenses are those costs necessary to operate, maintain,
0
16.B.6.a
Packet Pg. 915 Attachment: 18-7382 Amend #1 (28324 : 18-7382 MV Transportation Amend#5)
DocuSign Envelope ID: 89C84DBB-3B5D-4BAD-B04C-DB7E68FD2EE7
and manage a public transportation system, including but not limited to costs such as driver
salaries, fuel, and items having a useful life of less than one year, including personal protective
equipment and cleaning supplies; and
WHEREAS, the pandemic has caused specific additional operating expenses for the
Contractor; and
WHEREAS, the County intends to provide the reimbursement authorized under the
CARES Act legislation and the Parties wish to amend the Agreement to address the COVID-
19 related expenses.
NOW, THEREFORE, in consideration of the 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 herby is amended
and modified on the terms provided herein:
Terms and Conditions
Recitals. The preceding recitals are true and correct and are incorporated into this
Amendment by reference.
2. The Contractor will perform all enhanced vehicle cleaning services required to
maintain the safety of the operators and passengers as a result of the COVID-19
pandemic.
3. The Contractor shall track all labor costs and COVID-19 Expenses caused by the
pandemic and submit such to the County for reimbursement as provided herein.
4. Because the cost of providing Fixed Route and Paratransit service is based on a
revenue hour and per trip rate, the following rates shall be applied for staff
performing COVID-19 related duties as a result of authorized administrative leave.
These rates are consistent with the rates provided in the original Agreement for
extended staffing service found on Exhibit B-5 of the agreement.
Position
Hourly Rate & Fringe
FY 2020 FY 2021
Dispatcher 23.87 24.35
Reservationists 19.52 19.91
Scheduler 23.21 23.67
Clerk/Farebox Reconciler 23.42 23.89
Customer Service 15.97 16.28
2
C-A
16.B.6.a
Packet Pg. 916 Attachment: 18-7382 Amend #1 (28324 : 18-7382 MV Transportation Amend#5)
DocuSign Envelope ID: 89C84DBB-3B5D-4BAD-B04C-DB7E68FD2EE7
Road Supervisor 22.52 22.97
Utility Worker 16.51 16.84
Fixed & Paratransit Operator (Full -Time) 23.60 24.07
5. All COVID-19 related duties and expenses shall be pre -authorized and subject to
the approval of the County.
6. Subject to the County's review, pre -authorization and approval, the County shall
reimburse the Contractor for applicable labor costs and directly related incurred
COVID-19 Expenses.
7. The terms of this Amendment shall remain in effect coterminous with the period
allowed for reimbursement under the CARES Act and shall automatically expire when
the period for reimbursement under the CARES Act terminates.
8. All other terms of the Agreement remain in effect.
9. This Amendment to Agreement No. 18-7382 is not effective until fully executed
by all Parties.
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this First Amendment to Agreement No. 18-7382 on the date
and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
And ComptrgI FV
By:::
ttes as,ro' rm
Dated:* r!
Ap ed as to Fo Legality:
k, iki -
Scott R. Teach, Deputy County Attorney
3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CGrijtr—
By:
Burt Saunders, Chairman
16.B.6.a
Packet Pg. 917 Attachment: 18-7382 Amend #1 (28324 : 18-7382 MV Transportation Amend#5)
DocuSign Envelope ID: 89C84DBB-3B5D-4BAD-B04C-DB7E68FD2EE7
DDocuSigned by:
r-"775417
Contractor's First Witness
Brandi LaFoy
TType/print witness' named`
LSlyned
by:
Cw t4tA
F01D08642E
Contractor's Second Witness
Karen Carthen
TType/print witness' namet
DocuSigned by:
I
By:
ham usu Da& GY'au,
r.r.-^-
Contractor: MV Transportation, Inc.
Marie Meisenbach Graul
TType/print name and titlet
CFO
4 Ok-0
16.B.6.a
Packet Pg. 918 Attachment: 18-7382 Amend #1 (28324 : 18-7382 MV Transportation Amend#5)
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
ct0
16.B.6.b
Packet Pg. 919 Attachment: 18-7382 Amend #2 (28324 : 18-7382 MV Transportation Amend#5)
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
Page 2 of 3
Second Amendment to Agreement# 18-7381
16.B.6.b
Packet Pg. 920 Attachment: 18-7382 Amend #2 (28324 : 18-7382 MV Transportation Amend#5)
By: ,914V(ii/ /14M464—
Contractor: MV Transportation,Inc.
66a,lt-4Aoa'— I6 I‘WcNUk 6112—ae,L
Contractor's First Witness Signature Type/print name and title''
LeamPAC3R11641-
1 Type/print witness' name'
Contractor's Second Witness Signature
nei Neuf tf4tA
Type/print witness' name''
Page 3 of 3
Second Amendment to Agreement# 18-7381
16.B.6.b
Packet Pg. 921 Attachment: 18-7382 Amend #2 (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.cPacket Pg. 922Attachment: 18-7382 Amend #3 (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.cPacket Pg. 923Attachment: 18-7382 Amend #3 (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.cPacket Pg. 924Attachment: 18-7382 Amend #3 (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.cPacket Pg. 925Attachment: 18-7382 Amend #3 (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.cPacket Pg. 926Attachment: 18-7382 Amend #3 (28324 : 18-7382 MV Transportation Amend#5)
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
16.B.6.d
Packet Pg. 927 Attachment: 18-7382 Amend #4 (28324 : 18-7382 MV Transportation Amend#5)
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
16.B.6.d
Packet Pg. 928 Attachment: 18-7382 Amend #4 (28324 : 18-7382 MV Transportation Amend#5)
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'.
1ij
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
16.B.6.d
Packet Pg. 929 Attachment: 18-7382 Amend #4 (28324 : 18-7382 MV Transportation Amend#5)
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 2oa3Date: 1,>,
Ap d as to Form an Legality:
each
Deputy County Attorney
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16.B.6.d
Packet Pg. 930 Attachment: 18-7382 Amend #4 (28324 : 18-7382 MV Transportation Amend#5)
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`
16.B.6.d
Packet Pg. 931 Attachment: 18-7382 Amend #4 (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 932Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 933Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 934Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 935Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 936Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 937Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 938Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 939Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 940Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 941Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 942Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 943Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 944Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 945Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)
16.B.6.ePacket Pg. 946Attachment: 18-7382 FifthAmendVS_MVContract (28324 : 18-7382 MV Transportation Amend#5)