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Backup Documents 04/09/2024 Item #16B 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 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. 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 2. County Attorney's Office County Attorney Office 4. BCC Office Board of County Commissioners CFF. 11 �{ 4. Minutes and Records Clerk of Court's Office W/P/9 935 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 i rmation. Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Della!trnent Agenda Date Item was April 9th,2024 Agenda Item Number 16.B.6. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account —NMpt GaSC cc Fifth Amendment MV Contract number if document is to be recorded tof ' I5-7382 Transportation, (Aral;etc. Co'Fo Ga c0l!;er ciumitri MV Contract Inc. q praces5e-ci Copy. Transportation, 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 VD 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-throughs 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 VD 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 VD 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's 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 April 9,2024 and all changes made not during the meeting have been incorporated in the attached document. The County S,-f� i opts tn.for Attorney's Office has reviewed the changes,if applicable. 1.txe, 9. Initials of attorney verifying that the attached document is the version approved by the 1s ibt BCC,all changes directed by the BCC have been made,and the document is ready for the 4 an option for Chairman's signatures line. 16B6 FIFTH AMENDMENT TO CONTRACT 18-7382 FOR COLLIER AREA TRANSIT (CAT) FIXED ROUTE, DEMAND RESPONSE AND TRANSIT OPERATIONS MANAGEMENT SERVICES (GRANT FUNDED) THIS FIFTH AMENDMENT TO AGREEMENT No. 18-7382 (the "Fifth Amendment") is made and entered into the day of A p i 1 2024, 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 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-19 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, on April 25, 2023 (Agenda Item 16.A.20), the County approved the Fourth Amendment to the Agreement to extend the increased rates provided for in the Third Amendment through end of initial term ending on April 30, 2024; and WHEREAS, the Parties wish to revise: (1) Section 3.1 Staffing, under Exhibit A to remove ITS Coordinator and include Data Engineer, (2) Section 3.2 CAT Connect Call Center and Reservation Operations to require the Call Center have four full-time reservationists due to an increase in call volume, (3) Increase the Exhibit B- Fee Schedule rates that were previously enhanced by the Fourth Amendment to the Agreement for the duration of the extension of the Agreement, and (3) replace Appendix 1, Performance Standards and Appendix 2, Liquidated Damages with the attached revised versions to better reflect current needs and conditions; and WHEREAS,the Parties also wish to exercise the first renewal option under the Agreement renewing for a period starting May 1, 2024 and ending April 30, 2025 and include updated pricing for this extended period. Page 1 of 15 s Fifth Amendment to Agreement#18-7382 CAO 1 6 B 6 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 on the terms provided herein: 1. The preceding recitals are true and correct and are incorporated into this Fifth Amendment by reference as if set forth herein. 2. Exhibit A, Section 3. Transit Operations Management Services Department (TOMS), Subsection 3.1 Staffing, is hereby modified as attached hereto this Fifth Amendment. 3. Appendix 1, Performance Standards and Appendix 2, Liquidated Damages is hereby replaced with Appendix 1, Performance Standards and Appendix 2, Liquidated Damages as attached hereto this Fifth Amendment. 4. The rates set forth in Exhibit B- Fee Schedules, as amended by the Fourth Amendment to the Agreement,will be modified effective May 1, 2024,through April 30, 2025, and replaced with the following: TOMS (including bid May 1,2023— May 1,2024— alternates) April 30/2024 April 30,2025 Total $2,049,003 $2,214,668.28 Fixed Route Cost May 1,2023— May 1,2024— Proposal April 30/2024 April 30,2025 Cost Per Fixed Route $59.69 (including $63.09 Revenue Hour base and enhancement rate) Annual Impact $4,357,370 $4,605,570.00 Paratransit Cost May 1,2023— May 1,2024— Proposal April 30/2024 April 30,2025 Cost Per Trip $29.79 (including $34.28 base and enhancement rate) Annual Impact $3,127,950.00 $3,599,400.00 5. The Parties agree that the increased rate adjustments established in this Fifth Amendment through and including the Agreement's termination date of April 30,2025. 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 Fifth Amendment to Agreement No. 18-7382 shall be effective as of May 1,2024. Page 2 of 15 Cq� Fifth Amendment to Agreement#18-7382 16B6 IN WITNESS WHEREOF, the parties have executed this Fifth 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 Comptro " ' P COLLIER COUNTY, FLORIDA • By: 'A:i..i�. . By: CHRIS AL , Chairman Dated: 071 A - tasto air • signat re only A.. •.. as to orm and Legality: )1111- Scott R. Teach Deputy County Attorney 461 Page 3 of 15 GAO Fifth Amendment to Agreement#18-7382 16B6 Contractor: MV Contract Transportation, Inc. By: t.Cr4�/�•t-L..7 Cti-)0., t ERIN K N I W wSK i ) L f e Contractor's First Witness TType/print name and title' £ 1Ui )(L R1 L3 TType/print witness' nameT ont actor's Second Witness a r 5P/sAlc TType/print witness' nameT CAC} Page 4 of 15 Fifth Amendment to Agreement#18-7382 16B6 Words Struek4hfough are deleted; Words Underlined are added EXHIBIT A SCOPE OF SERVICE FOR COLLIER AREA TRANSIT AND CAT CONNECT TRANSPORTATION MANAGEMENT AND OPERATIONS Section 3. Transit Operations Management Services Department(TOMS) * * * * * 3.1 Staffing The Contractor shall hire personnel that are courteous and possess the expertise and professionalism necessary to perform the required duties. Call Center Agents/Representatives: The Contractor are appropriately trained and familiar about the CAT and CAT Connect service. The Contractor will ensure that call center staff are available to meet the call metrics. Dispatchers: The contractor will provide the number of dispatchers necessary to maintain and support the functions of the call center and dispatch requirements. There will be a dispatcher trained in the related transit policies,procedures,software applications,and technology on duty 15 minutes prior to any pull-out of for any fixed route or CAT Connect. A dispatcher will remain on duty up to 15 minutes after any fixed route or CAT Connect run pulls-in for the service day. The dispatch station will remain occupied during 100% of the operational day. The contractor will be required to replace the primary dispatchers for breaks or when the dispatcher becomes not available. Scheduler: The contractor will provide the number of schedulers necessary to maintain and support the functions of the scheduling. There will be a scheduler available to supervise the call center reservation process during all call center business hours. ITS functions to include hardware inspections and maintenance, fixed route dispatch software updates and corrections, fixed route data management, support transit planning and coordination with the ITS Senior Coordinator. The Contractor shall develop and implement policies and procedures consistent with Federal, State and Local regulations, including Collier County CMA's and Job Safety Analysis' (JSA). This should also include an anti nepotism policy. regarding cell phones usage, conflicts of Interest, diversity, etc. within 90 days of contract award. Such policies and procedures shall be provided to the Transit Manager for review and acceptance. Failure to timely submit this may result in liquidated damages. Page 5 of 15 CAO Fifth Amendment to Agreement#18-7382 16B6 Data Engineer — shall be responsible for designing, constructing, installing, testing, and maintaining highly scalable data management systems. Your ability to adapt quickly, comprehend complex systems, and work collaboratively with a cross-functional team are crucial for this role. • Build, develop, and maintain data pipelines, architectures, and data sets to support both operational and analytical needs. • Implement processes and systems to monitor data quality, ensuring production data is accurate and readily available for stakeholders and critical business processes. • Write complex queries on large data sets to extract crucial insights that drive transit operations and strategy. • Develop and manage ETL processes to prepare data for analytics. • Design and develop interactive dashboards and reports using Microsoft Power BI. • Create and maintain SOPs and technical documentation for data processes and tools. • Develop and manage Microsoft Power Apps for custom business needs. • Work closely with data analysts, and other teams to support business decisions. • Ensure data systems meet business requirements and industry practices, including those specific to the transit industry. • Integrate new data management technologies and software engineering tools into existing structures. • Create and maintain optimal data pipeline architecture. • Perform other duties or tasks as required or as assigned,to support the evolving needs of the business. This may include tasks outside of the regular scope of work, as necessary. 3.2 CAT Connect Call Center and Reservation Operations The Contractor shall be responsible for operating the CAT Connect Call Center and reservation operations to meet the following requirements. The Call Center will operate from the TOF located at 8300 Radio Road. •Open 08:00 to 17:00 Monday through Saturday except for recognized holidays. •A message line will be available after hours and on Sunday for trip requests and trip cancellations. • The message line will be checked so that all trip request for the next day made up to1700 can be scheduled. The message line will be checked for trip request after 1700on weekends and any trip request will be scheduled. The Contractor will have staff call the passenger to verify the trip information once the trip is scheduled. •Passengers must be able to communicate with dispatch during all service hours. During regular call center hours, the Call Center staff will facilitate communication with dispatch. After Call Center Hours, passengers will have phone access directly to the dispatcher whenever transit services are in operations. The dispatcher will facilitate cancellations, where is my ride questions,and respond to trip issues. The dispatcher will not schedule any trips after hours. Page 6 of 15 CA.?) Fifth Amendment to Agreement#18-7382 16B6 • The Call Center will adequate staff to maintain the performance measures employ four (4) full-time reservationists to oversee reservations. •The Contractor should create a staffing plan that includes enough trained CSRs are available to meet the call demand during all Call Center hours, especially during the peak times. Appendix 1 PERFORMANCE STANDARDS In order to ensure a high standard of performance,services provided by the Contractor are to be operated in a manner that maximizes productivity without negatively impacting service quality for CAT& CAT CONNECT patrons. To assure quality and a high level of customer satisfaction, all performance standards shall be reviewed on an on-going basis and are subject to change as CAT&CAT CONNECT's needs change. If performance standards set forth below are changed by PTNE, the Contractor's performance standards will be immediately changed to meet the new performance standards,upon notice by PTNE to the Contractor. PINE will review each performance factor and reward high achievement (incentives) or make deductions for substandard performance(disincentives). Review periods will be on a monthly basis. Cash payments or deductions shall be calculated on the Net Contract Amount Paid to the Contractor for Service Operated for the corresponding review period. The following performance standards establish a range of performance that provides quality service delivery to CAT patrons. The Contractor shall attain the following performance standards: 1. Preventable Accidents are defined as a transit accident that could have been prevented by the operator: Preventable Accidents Performance Incentive/ Indicators <Disincentive> Tier 1 Above Goal 0 $1,000 PINE Goal 1 None Tier 1 Below Goal 2 <$1,000> Tier 2 Below Goal 3 or above <$2,000> 2. Total#of passenger trips per revenue vehicle hour.The following outlines the incentives or disincentives for total#of passenger trips per revenue vehicle hour systemwide: Total Passenger trips per Performance Incentive/ revenue vehicle hour Indicators <Disincentive> 15%above Goal 14.95 and above $2,000 10%above Goal 14.3 - 14.94 $1,000 5%above Goal 13.95 - 14.29 $500 PTNE Goal—13.0 13.00- 13.64 None Up to 5%below Goal 12.35 - 12.99 <$500> Page 7 of 15 CA© Fifth Amendment to Agreement#18-7382 16B6 Up to 10%below Goal 11.70- 12.34 <$1,000> 11%below Goal 11.05 or below <$2,000> Contractor is responsible in participating or hosting marketing initiatives, proof of these initiatives may result in an exemption of the disincentive for the month. 3. On-time Performance is defined as the percentage of time that the vehicle departs no earlier than 1 minute and no more than 5 minutes after the published departure times as shown in the schedule adherence report. Incentives and disincentive shall be assessed per route.The following outlines the incentives and disincentive for on-time performance per route: On-Time Performance Performance Incentive/ Per Route Indicators <Disincentive> 3%above Goal Above 95.01% $2,000 2% above Goal 92.01-95% $1,000 1% above Goal 90.01-92% $500 PTNE Goal 85-90% None Up to 1%below Goal 83.0-84.9% <$500> Up to 2%below Goal 81.0-82.9% <$1,000> 3% below Goal 83.0% or below <$2,000> 4. Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report.The response categories are very poor(1),poor(2),fair(3),good(4)and very good(5).The following outlines the incentives and disincentive for customer satisfaction: Semi-Annual Customer Performance Incentive/ Satisfaction Indicators <Disincentive> 11% above Goal or Better Above 4.6 $2,000 10% above Goal 4.4—4.5 $1,000 5% above Goal 4.2—4.3 $500 PTNE Goal—4.0 3.9—4.1 None Up to 5% below Goal 3.7—3.8 <$500> Up to 10% below Goal 3.57—3.6 <$1,000> 11% below Goal or below 3.56 or below <$2,000> The following performance standards establish a range of performance that provides quality service delivery to CAT Connect patrons.The Contractor shall attain the following performance standards: 1. Preventative Accidents are defined as a transit accident that could have been prevented by the operator: Page 8 of 15 Fifth Amendment to Agreement#18-7382 CAC .1 16B6 Preventable Accidents Performance Incentive/ Indicators <Disincentive> Tier 1 Above Goal 0 $1,000 PTNE Goal I None Tier 1 Below Goal 2 <$1,000> Tier 2 Below Goal 3 or above <$2,000> 2. Total#of passenger complaints per 1,000 Passenger Boarding are defined as complaints including but are not limited to discourtesy, rudeness, eating, drinking, improperly secured patron, improperly operated lift, unscheduled stops, pass ups, getting lost and/or any other negative behavior as reported to PTNE. The following outlines the incentives or disincentives for#of passenger complaints per 1,000 passenger boarding: Passenger Complaints Performance Incentive/ per 1,000 Passenger Boarding Indicators <Disincentive> 11%above Goal or Better 0.44 or less $2,000 10%above Goal 0.45 - 0.47 $1,000 5%above Goal 0.48 - 0.49 $500 PTNE Goal—0.5 0.50 - 0.52 None Up to 5%below Goal 0.53 - 0.54 <$500> Up to 10%below Goal 0.55 - 0.62 <$1,000> 11%below Goal or Worse 0.63 and above <$2,000> 3. On-time Performance is defined as the percentage of trip completed late as defined by the trip timing preference as shown in the schedule adherence report.The following outlines the incentives and disincentive for on-time performance: On-Time Performance Performance Incentive/ Per Route Indicators <Disincentive> Tier 3 above Goal Above 98.5% $2,000 Tier 2 Above Goal 96.1 -96.9% $1,000 Tier 1 Above Goal 95.1 -96% $500 PTNE Goal—90% 90 - 95% None Tier 1 Below Goal 88.0- 89.9% <$500> Tier 2 Below Goal 86.0- 87.9% <$1,000> Tier 3 Below Goal or Worse 85.9%or below <$2,000> 4. Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report.The response categories are very poor(1),poor(2),fair(3),good(4)and very good(5).The following outlines the incentives and disincentive for customer satisfaction: Page 9 of 15 CAO Fifth Amendment to Agreement#18-7382 16B6 Semi-Annual Customer Performance Incentive/ Satisfaction Indicators <Disincentive> 11%above Goal or Better Above 4.6 $2,000 10% above Goal 4.4—4.5 $1,000 5% above Goal 4.2—4.3 $500 PTNE Goal—4.0 3.9—4.1 None Up to 5%below Goal 3.7—3.8 <$500> Up to 10%below Goal 3.57—3.6 <$1,000> 11%above Goal or Better 3.56 or below <$2,000> 5. Average Percentage of Call Abandonment is defined as the overall percentage of calls that are abandoned during hold time in the Queue. Call Center Average Percentage Performance Incentive/ of Abandonment Indicators <Disincentive> Tier 3 above Goal 6%or below $2,000 Tier 2 Above Goal 7% $1,000 Tier 1 Above Goal 8% $500 PTNE Goal— 10% of total 10%of calls None calls Tier 1 Below Goal 11% <$500> Tier 2 Below Goal 12% <$1,00> Tier 3 Below Goal or Worse Above 13% <$2,000> APPENDIX 2 LIQUIDATED DAMAGES Liquidated damages will be assessed for Contractor deficiencies specified herein.Liquidated Damages are not punitive but intended to recover Collier County's cost for the Contractor's deficiencies,lost service or additional work by PTNE for service delivery to the patron.PTNE will consider extenuating circumstances in assessing damages.The Contractor has the ability to control liquidated damages through well trained drivers, re-fresher training, and effective communications with staff. Liquidated damages shall be deducted from any monies due, or which may thereafter become due,to the Contractor under this Contract. Liquidated damages will not be assessed for the above described occurrences arising from causes beyond the control of Contractor as determined by PINE. In the event the Contractor fails to comply with the following standards,PTNE shall assess liquidated damages as follows: Requirements Liquidated Damage Amount LD1. Contractor must submit complete and accurate reports by the PINE established due dates. $300 if late one business day. LD2. The Contractor shall notify PINE of every accident or incident $200 when late beyond the immediately,but no more than two hours after the occurrence.The initial 2-hour window for Contractor shall submit information accurately and complete. notification. LD3. The Contractor shall provide written documentation for any vehicle $500 if late one business day accident or incident. The County shall receive written copies of late after the pre-established Page 10 of 15 Fifth Amendment to Agreement#18-7382 CA° 16BF incident and accident reports within 5 days of occurrence.The timeframe for a report and Contractor shall submit reports accurately and complete. full report inclusive of photos. LD4. The Contractor shall be required to develop and administer EEO, Title VI,&Drug and Alcohol policies and programs consistent with $1,000 per instance of non- Federal, State&Local requirements. compliance.Either PTNE, In addition, It is the Contractor's responsibility to keep all FTA,FDOT,CTD audit and procedures and files up to date and in compliance. Should PTNE's or and additional grantor random audit find a non-compliant file or proper documentation the agencies,will deem Contractor may be assessed liquidated damages compliance and issue a written notification. LDS. All drivers are required to collect fares from patrons. This can come Fixed Route-$5 per verified to Collier County's attention via passenger/public complaint,direct occurrence of uncollected observation,reporting system if available or other method. fare. Paratransit-total uncollected missed fares at the individual passenger's trip rate. LD6. The Contractor shall remove all farebox receipts from revenue $200 per occurrence of vehicles daily and secure funds in the vault room. farebox receipts not being secured in the vault room at the end of the day. LD7. The contractor shall perform the Fixed Route and CAT Connect Excessively late Fixed Route Services on-time and are incentivized when Performance measures trips will be assessed$50 per are exceeded and dis-incentivized when stated performance measure loop for any late time point aren't met. On-time performance is an important element to an that is late 20 minutes or efficient transit system and will affect ridership if not managed. more. Fixed Route On-Time Performance is derived from the departing Fixed Route trips that depart time from a series of timing points. The On-time percentage is the a time point early will be percentage of time that the vehicle departs no earlier than 1 minute assessed$100 per and no more than 5 minutes after the published departure from the occurrence. timing points. $50 per Paratransit Trip will be assessed when excessively Paratransit On-Time Performance is derived depending on what late. timing preference is used to schedule the trip. Proof of root cause operator A Drop-off Timing Preference Trip is considered Excessively Late training with subsequent when the trip is late for the Drop-off Requested Time by more than operator improvement will be 30 minutes. accepted as an exemption for A Negotiated Trip Timing Preference is considered Excessively that operator. Late when the bus arrives more than 15 minutes past the Trip Pick- up Window. LD8. Drivers are required to record arrival and departure of all trips Falsely or erroneously accurately. recording of Arrive/Perform will result in $50 assessment per incident. LD9. Drivers are required to perform all trips on CAT Connect and Missed Trips complete the full route on the Fixed Route system. Unperformed a. CAT Connect-$50 per trips or an incomplete route are considered"missed trips". incident On the CAT Connect system,a missed trip is as a failure of the b. Fixed Route- $100 per vehicle to show up for a scheduled trip and consequently the stop passenger is not transported or elects not to take the trip. A trip where the passenger cancels the scheduled trip at least 2 hours prior If proof is provided that a to the scheduled trip,within the cancellation policy is not supervisor has provided considered a missed trip. transportation to the On the Fixed Route system,a missed stop is when the bus does not individual,exemption will be Page 11 of 15 Fifth Amendment to Agreement#18-7382 CRa 1686 stop at a specific stop when a passenger is present at the stop. granted in addition to root This can come to Collier County's attention via passenger/public cause training. Proof of complaint,direct observation,reporting system if available or other training and driver method. improvement will be accepted as an exemption LD10. Call Center Longest Delay in Queue will be less than 15 minutes. $100 per Day when the The Contractor will have adequate call center staff to ensure no Queue System average hold- caller is stranded in the system Queue for more than 15 minutes. time is greater than 15 The Contractor will monitor daily call activities and assign key staff minutes. to supplement the call center agents when call demand is higher than normal. LD I l. Drivers are expected to conduct themselves in a professional,safe $50 per occurrence for and courteous manner at all times. Driver Infractions include,but Driver-related infractions as are not limited to: documented or reported to a. Employees not in complete proper uniform, while in PTNE. Revenue Service; b. Driver(s)and/or any other passenger(s)smoking while in the Vehicle at any time; c. Driver(s)who display unprofessionalism over the radio with any personnel: d. Driver(s) who display unprofessionalism to PTNE clients and/or other personnel; e. Driver(s)who fail to properly log in; f. Driver(s)who get lost; g. Driver(s)with Lost or Expired Collier County Identification Badges h. Driver(s)leaving vehicle with patrons unattended. i. Driver(s)leaving vehicles unsecured. j. Failure to escort an ADA passenger k. Employees who engage in the purchase or consumption of alcohol, drugs or tobacco products while in full or partial uniform. 1. Consumption of food while operating a Vehicle; m. Driver(s)or Street Supervisor(s)not in possession of a valid Florida Driver's License and a Department of Transportation (DOT)medical card,while in Revenue Service; n. Driver(s)who fail to properly notify the Dispatch Office of incidents/accidents/emergency services involving passengers,property and/or Collier County property; o. Failure to properly tie down a wheelchair correctly or call out required ADA stops as observed by PTNE staff and/or PINE representatives(including video playback); p. Improper use of the Radio and/or MDT equipment; q. Lack or improper use of Seat Belts for all occupants in the Vehicle; r. Operation of a revenue service with non-trained personnel; s. Operation of a Vehicle while texting; t. Operation of a Vehicle with a cell phone, cell phone ear piece or ear cord; u. Running Red Lights; v. Speeding This can come to Collier County's attention via passenger/public complaint,direct observation,reporting system if available or other method. Page 12 of 15 CAO Fifth Amendment to Agreement#18-7382 16B6 LD12. The Contractor is expected to care for all County provided $50 plus the cost of repair if equipment and establish policies and procedures to ensure that Communication Equipment equipment is not tampered with,abused or neglected. is found tampered with, abused and/or neglected as identified by PTNE Staff and/or PTNE's repair Contractor. LD13. The Contractor is required to ensure that drivers of all revenue $50 per inspection that is vehicles or vehicles that may transport passengers conduct Pre/Post incomplete,all components Trips inspections. have not been verified or completion time for pre-trip inspection is less than 8 min. $500 for failure of a driver to conduct a Pre/Post Trip inspection of any deployed vehicle. LD14. The Contractor is required to maintain all required vehicles in $50 per vehicle per accordance with terms and conditions of this Contract.Vehicles occurrence for non-compliant found to be non-compliant by PINE or designee after a vehicle vehicle(s). inspection, safety or vehicle audit,will be removed from service. Examples of non-compliance include,but are not limited to: a. Vehicle(s) in-service not properly logged into the Radio, MDT or any other required systems; b. Vehicle(s)in-service that are not clean,exterior or interior; c. Vehicle(s) in-service with damaged seats or damaged interiors; d. Vehicle(s) in-service with leaky interiors due to A/C Condensation or any other fluid(s); e. Vehicle(s)with accident damage or body damage; f. Vehicle(s)with graffiti or damages in the driver's area as a result of driver misuse or abuse; g. Vehicle(s)with inoperable Radios or MOT's; h. Vehicle(s)with inoperative interior and/or exterior lights; i. Vehicle(s)with lack of current PINE-issued publications; j. Vehicle(s)with sub-standard climate control Sample vehicle inspection will be conducted to evaluate compliance. LD15. The Contractor is required to maintain all bus stop and shelter $50 per occurrence for not locations. removing trash 2 times per This can come to Collier County's attention via passenger/public week or maintaining bus complaint,direct observation,reporting system if available or other stops. method.At a minimum a sample inspection will be conducted to $100 per incident for failure evaluate compliance. to report damage to the bus stop or shelter. LD16. The Contractor is expected to submit accurate,complete reports $100 per occurrence for within the PINE established timeframes. Infractions may include Reporting Infractions. failure to submit reports by established dates,submission of inaccurate or incomplete reports,or maintaining proper records. Examples of reporting infractions include,but are not limited to: a. Failure to maintain current records for training documentation, in personnel files for all personnel. At a minimum,this includes: o Drivers'License records Page 13 of 15 Fifth Amendment to Agreement#18-7382 CAO 16B o Defensive Driving records o Motor Vehicle records o Background records o Customer Comments and/or other Incident reports b. Failure to conduct and properly document mandatory ride checks. c. Failure to maintain and submit any requested reports as required and/or requested. d. Failure to submit complete and accurate driver manifests. LD17. The Contractor is required to maintain a compliant Drug and $100 per incident for not Alcohol program and maintain documentation of all results and maintaining the CCF for all practices. tests completed. $500 for failure to conduct an annual audit of the drug and alcohol testing facilities used. $100 per employee that is failed to be trained for Drug and Alcohol Training prior to conducting safety sensitive duties. $500 per incident where a supervisor fails to have Reasonable Suspicion Training for Supervisors. Fail to provide Reasonable Suspicion Training for Supervisors: $100 per Supervisor $500 per quarter will be assessed for failure to scheduling testing proportionately during scheduled operations $500 for failure to follow Drug and Alcohol Policy and FTA Drug and Alcohol Procedures. $500 for failure to have an approved testing facility available for Random, Reasonable Suspicion, and Post Accident Testing during all times operations are conducted. $500 per incidence where a manager or supervisor is not on duty to be available to manage the Drug and Alcohol procedures and policies. $1000 per sub-contractor for failure to administrate sub- contractor drug and alcohol programs. LD18. PINE requires full staffing by the Contractor. $100 per day per vacancies in management or supervisory Page 14 of 15 EN Fifth Amendment to Agreement#18-7382 16B6 Personnel.All required supervisory positions (starters,street supervisors, service supervisor,and safety personnel)must be covered each day in case of turnover, sickness,vacation or other absences with a qualified replacement. $100 per day for any non PINE-approved personnel operating a route without PTNE's prior written approval. LD19. County vehicles are to be used for approved purposes only. $500 for any occurrence of This can come to Collier County's attention via passenger/public Contractor using Collier complaint,direct observation,reporting system if available or other County vehicles for other method. than an explicit PINE approved purpose. LD20. The Contractor shall perform a minimum of 20%scheduled trips on $5000 per month of less than non-County-owned vehicles.(This percentage may be revised on an 20%of total CAT Connect annual basis). trips performed by non- County owned vehicles. LD21. The Contractor will ensure that all exterior TOF door are locked $1,000 per door or gate that after hours. The Contractor will ensure that all TOF gates and is left unsecured in the public access points are secure. The Contractor will ensure that all evening. vehicles are secure and/or locked when not in use. The Contractor $50 per event where a vehicle will ensure that all equipment and technology hardware is secured found to be unlocked. and accounted for. $50 per event where equipment or technology hardware is left unsecured. LD22. Failure to properly process"Lost and Found"recovered items in a $100 per item not properly timely manner and/or failure to implement the lost and found documented or each instance process in a proper manner. where the County policies and procedures are not followed. LD23. Failure to have a driver assigned to each fixed route, CAT Connect $100 per open position. run,and back-up driver requirement will result in liquidated damages assessed. LD24. Failure to conduct and document mandatory ride checks may result $50 per road observation in the assessment of liquidated damages. needed to increase the The Contractor will conduct road observations of 75%of the drivers percentage to 75%. monthly which will include a complete pick up and drop of cycle for CAT Connect and at least 1/4 loop of a fixed route driver. LD25. Failure to complete the investigation and proper completion of a $50 per day that exceeds the complaint form within 3 days from the time of submittal to the allowable time frame. contractor. Page 15 of 15 CAO Fifth Amendment to Agreement#18-7382