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McDonald Transit Agreement To: 817-232-9560 09/24/08 02:11 PM Page 5 of 7 From: CrotteauKathynell Retn: CLBRK TO THB BOARD INTEROFFICB 4TH FLOOR EXT 7240 4217284 OR: 4397 PG: 3030 RBCORDED in the OFFICIAL RBCORDS of COLLIER COUNTY, PL 10/01/2008 at 02:51PM DWIGHT E. BROCK, CLBRK RBC FBB COPIBS 333.00 39.00 FIRST AMENDMENT TO AGREEMENT 16B5 THIS FIRST AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 23rd day of September, 2008, by and between MCDONALD TRA.~SIT ASSOCIA TES, INC., whose address is 4500 Mercantile Plaza Drive, Suite 307, Fort Worth, Texas 76137 (hereinafter referred to as "Contractor"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). RECITALS: WHEREAS, the Contractor and the County entered into an Agreement on September 27, 2005 (hereinafter referred to as the "Agreement"), a copy of which is attached hereto, to provide consolidated management for the Collier Area Transit and Paratransit Systems for five years; and WHEREAS, the Agreement specified the rate of compensation for years one through three of the Agreement and stated that the compensation for years four and five was to be negotiated during year three ofthe Agreement; and WHEREAS, the Agreement further provides that in the event that the parties could not agree upon the rate of compensation for the remaining years of the Agreement they were to mediate the rate of compensation for those remaining years to reach an agreement; and WHEREAS, the Agreement further provides that if mediation failed to result in an agreed rate of future compensation then for the remaining two years of the Agreement the Contractor would continue to provide the same level of service as provided during year three of the Agreement, at the same rate of compensation it received in the third Agreement year, as adjusted on a monthly basis by any change in the Conswner Price Index (the "CPI rate of compensation"); and WHEREAS, the Parties have scheduled mediation for October 7, 2008, in a good faith effort to reach an agreement as to the rate of compensation for the remaining years of the Agreement and wish to avoid the application of the CPI rate of compensation until those efforts are concluded and agree it is necessary to amend the Agreement. To: 817-232-9560 09/24/08 02:11 PM Page 6 of 7 From: crotteauOR~hY43~t PG: 3031 NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree to the changes as follows: I. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Paragraph "3.3" of the Agreement is hereby superseded and replaced by new paragraph "3.3," which reads as follows: 3.3 The estimated costs for the first three contract years, set forth in Attachment 3, are based upon 42,926 fixed route revenue hours, plus paratransit services. It is expected that these hours will change over the course of the Agreement, and that Contractor's compensation will be adjusted to reflect such changes. Compensation for the remainin!'t portion of the fourth and subsequent fifth year of this Agreement shall be negotiated duriflg the tirst half 61 the third year of this Agreement by the parties, and shall be based upon Contractor's actual costs, with a 2.5% fixed profit. Should the parties fail to feach agreement fOf year four and five compensation by March 31, 2008, then the parties shall mediate the issue in accordance with County's then-current mediation policy, with each side paying half of the costs of mediation. Should the parties fail to reach a mediated settlement bv October 31. 2008, then fOf the remaining two Jurs tenn of this Agreement after that date. the Cuntractor will continue to provide the same levt:l of service it provided during the third Agreement year, at the same level of compensation provided bv the contract it reeeived in the third Agreement year, as adjusted on a monthly basis thereafter by any change in the Consumer Price Index (All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted, Base Period 1982-1984 =100). Payment shall be made to Contractor promptly upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act." 3. Except as amended, all other terms and conditions of the September 27,2005, Agreement remain in full force and effect. This Amendment and its provisions merge any prior agreements, if any, between the parties with re~pt:ct to the matters set furth in this Amendment. 5. This Amendment shall be recorded by the County, at the expcnse of the County, in the Official Records of Collier County, Florida, within sixty (60) days aftef execution of this Amendment by the County. IN WITNESS WHEREOF, the parties hefeto have executed the foregoing First Amendment to Agreement the date and year first written above. 16B5 To: 817-232-9560 09/24/08 02:11 PM Page 7 of 7 From: CrotteauKathynell OR: 4397 PG: 3032 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: ~ . (I, 't. . . - .~. /.. DWIGliTE. BROCK, Ch~rk , If',.. '.... By: ~~ 'fttttlJ O.l- . tI 't I/wIyClerk 11~~.~:.J AP~;I?ZUffici~CY Scott R. Teach, Deputy County Attorney ~~~~ First Witness ......... BrenQa Roden Type/pnnt witness name BOARD OF COUNTY COMMISSIONERS COLLlER~oyTY, FLO lOA . By: JY}t. Tom Henning, Chairman MCDONALD TRANSIT ASSOCIATES, INC. ~~ac . /.,47/ V By: j/ . ! Signature By: Robert T. Babbitt, President Typed Signature and Title 16B5 OR: 4397 PG: 3033 Page 1 of 30 16B5 .:--:;. .. .. AGREEMENT TInS AGREEMENT ("Agreement") is made and entered into this 2"\ -\-'-'" day of ~\~'o~ 2005, by and between MCDONALD TRANSIT ASSOCIATES, INC., whose address is 4500 Mercantile Plaza Drive, Suite 307, FoIt Worth, Texas 76137 (hereinafter referred to as "Contractor"), and THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COUJER COUNTY (hereinafter referred to as "County"). WITNESSETH: 1. TERMS AND RENEWAL. Thill Agreement shall commence October I, 2005, and will be in effe<;t for five years, terminating September 30, 2010. County has the right to renew this contract, with the consent of Contractor, under the same terms and conditi.ons for one additional five-year period. County shall give Contractor written notice of County's intention to renew the Agreement teun not less than 30 days prior to the end of the term. In lieu of renewal, the County Manager, or his designee, may, at his discretion, extend the Agreement under all of the teems and conditions contained in this Agreement for up to 79 days. The County Manager, or his designee, shall give Contractor written Dotice of County's intention to extend the Agreement term not Jess than 30 days prior to the end of the term. 2. .DUTIBS. Exccpt as set forth below, the parties' respective duties are described in Attachments 1 and 2. 3. CO:MPENSATION. County shall pay Contractor for the perfonnance of this Agreement: 3.1 A Management Fee. This fee includes aU cost and expenses associated with the salary and related cost of the General Manager, interest on working capital. corporate staff travel, and overhead. In addition, tbis management fee includes the cost of expert management consultation and advisory assistance in all areas of the public bus transportation industry as may be reasonably required to assist the General Manager and Collier Area Transit in the day-ro-day operation of the system. 3.2 All other costs and expenses approved by the County for the operation of the public transit system will be reimbursed to tbe Contractor by the County upon proper documentation of ex.penses incurred, provided however that the County, at its sole discretion, may provide goods, supplies, materials and services in kind. 3.3 The estimated costs for the fmt three contract years, set forth in Attachment 3, are based upon 42,926 fixed route revenue hours, plus paratransit services. It is expected that these hours will change over the course of the Agreement, and that Contractor's compensation will be adjusted to reflect such changes. Compensation for the fourth and fifth year of this Agreement shalt be negotiated during the first half of the third year of this Agreement by the parties, and shall be based upon Contractor's actual costs, with a 2.5% fixed profit. Should the parties fail to reach agreement for year four and five compensation by Match 31, 2008, then the parties shall mediate the issue in accordance with County's then-current mediation policy, with each side paying half of the costs of mediation. Should OR: 4397 PG: 3034 ------ne-m-n-1685 \ 1 September 23, Page 7 of 41 .... ~ 16B5 the parties fail to reach a mediated settlement, then for the remaining two yean; of this Agreement, Contractor will continue to provide the same level of service it provided during the third Agreement year, at the same level of compensation it received in the third Agreement year, as adjusted on a monthly basis thereafter by any change in the Consumer Price Index (All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted, Base Period 1982-1984 =100). Payment shall be made to ContIllctor promptly upon receipt of a proper invoice and in compHance with Section 218.70 F.S.. otherwise known as the "Florida Prompt Payment Act." 4. TERMINATION. County may terminate this Agreement inunediately for cause should the Contractor fail to perfonn its services in a manner satisfactory to County, with COllnlY being the sole judge of non~performance. Otherwise, County may terminate this Agreement at any time upon 60 days written notice to the Contractor.. Any such notice to terminate this Agreement.shall be given by certified mail, return receipt requested, and shall be effective 60 days from the elate of receipt as noted on the return receipt. A wrttten request by the County to the Contractor to increase or decrease the level of fixed route service shall not be construed as a partial termination of this Agreement. Upon such a -request, the parties will negotiate in good faith for a concomitant increase or decrease in payment to Contractor. 5. ASSIGNMENT AND SUBCONTRACI1NG. No portion of tbe requested services may be assigned or subcontracted without the prior written permission ol the County. County may grant or withhold its consent in its sole and absolute discretion. 6. OPERATING REVENUES. All operating revenues collected by Co.ntractor are the property of County, including but not limited to farc:box ~ceipts, ticket and pass sales revenue, and advertising revenues. 7. MEETINGS. Upon request of the County, the Contractor shall, at its own expense, attend citizens' meetings to provide infoonation concerning the transit system. The ~neral Manager, representing the Contractor, shall attend, at a minimum, biweekly meetings with County Transportation Alternative Modes Department staff at times and locations to be detennined. 8. ADVERTISING. The County shall determine interior and/or exterior advertising policies on revenue vehicles. All revenue received from advertising on buses shall be paid to rhe County. The Contractor shall be responsible for the installation of advertising in or on the buses, and collection of revenue from the advertiser. This revenue must be documented and deposited with passenger fares in the County banle account. There shall be no interior or exterior advertising on or in buses, transit shelters, benches, or other transil amenities wHhout prior written approval by the County Public Transponation Manager or their designee. 9. TIm COUNTY AND CONfRACTOR-SUPPLIED PROPERTY. Title to capit.1l items provided by the County shall remain with the County. The Contractor shall be required to maintain such items utilizing manufacturers' recommended maintenance standards, at a minimum, or those standards provided by the County, at the County's sole discretio,,-. Furthermore, the Contractor shall maintain adequate property control records of all County-furnished property jn accordance with sound industry practice and as approved by the County. The County shall have the option, upon the expiration or termination of the Agreement. to purchase all or any part of non-revenue equipment not Plat. 2 of 30 '.. < OR: 4397 PG: 3035 Item # 16B5 September 23, Page 8 of 41 <. , 16B5 already purcllased by the County and used by the ContraCtor in the performance of the work specified in the Agreement at a price equal to that portion of the original cost of the equipment which has not yet been amortized as of the date the Agreement expires or is tenninated. Amortization shall be deemed to be in accordance with generally accepted accounting principles. 10. INSURANCE. The Contractor shall provide insurance as follows: 10.1 Minimum Limits of Inaurance Tbe Contractor shall maintain limits no less than: a. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endonements, e~cluding Garage Liability: $5,000,000 combined single limit per occurrence for bodily injury, persOllaI injury, and ptoperty damage. b. V chicle! Automobile Liability (Ownedlnon-ownedlhired): $5,000,000 combined single limit per accident for bodily injury, personal injury and property damage including passenger liability. c. Umbrella Liability: $10,000,000 per OCCl.1ITt'l1ce for bodily injury, personal injury, and property damage in excess of limits required above. d. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Statutory Limits of Florida Statutes Chapter 440 and all Federal Government Statutory Limits and Requirements. e. All Risk Fire and Extended Coverage for full replacement cost on all equipment, tools, supplies, and contents used by the Contractor in the pedormance of ser.vices under the Contract. The County will be included as a Loss Payee in this coverage for County - owned equipment, tools, supplies, and contents. f. Vehicle/Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to depreciated value of all vehicles, including the buses, and non-revenue vehicles operated by Contractor. The Contractor shall be responsible for ail damages falling below the deductible. No blanket or per location limit shouJd apply to tW.s coverage under $10,000,000. Th.e County wfll be included as a Loss Payee in this coverage. 8. Fj~lity Bonds insuring against theft, fraud or misappropriation of funds or other misuse of money in such amounts as the County shall request. Collier County shall be named as an Additionallnsured as their interest may appear. A letter of credit may be requested in l.ieu of or in addition to a Fidelity Bond to !ccure the Bond deductible depending upon its size. h. Employment Practice Liability: $1,000,000 each occurrence and aggregate. Page 3 of 30 ~~ OR: 4397 PG: 3036 Item # 1685 September 23, Page 9 of 41 16B5 <. ~ i. Perfonnance Bond: It is hereby made a part of this Agreement that the Performance Bond requirement is waived. 10.2 Deductibles and Sclf~Insured Retention Any deductibles or self-insured retentions must be declared to and approved by th.e County. At the option of the County, either, the insurer shall reduce or eliminate :such deductibles or self-insured retentions in. regard to the deductibles or self~insorcd retention's as respects the County, the Bee, their officials, agents, employees, and volunteers; or the County shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense e~penses. 10.3 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Gen~al Liabilitv. Automo~ile Uabilitv. and Umbrella :t,iabi1jtv Coverage a. The County, the BCe, their officials, agents, employees, and vo.1unteers are covered as insureds as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor; or vehicles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special l1mitations on the scope of protection afforded ro the County, the BCC, their officials, agents, employees, and volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the County, the Bee, their officials, agents, employees, and volunteers. Any insll11UlCe or seU~insurance maintained by the County, the BCC, their officials, agents, employees, and volunteers shall be in eJl.cess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reponing provisions of the policies shall not affect coverage provided to the County, the BCC, and its officers, officials, employees and volumeers. d. The Conttactor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' COJIlPMslltion and Employqs' LiabiijtvCoverage The insurer shall agree to waive all rights of subrogation against the County, the Bce, and its officers, officials, employees and volunteerS for losses arising from work performed by the Contractor for the COUnty. 3. All Coveralle Each insurance policy (equired by this clause shall be endorsed to state that coverage shall not be suspended. voided, or canceled by either patty, reduced in coverage or in Page 4 of 30 OR: 4397 PG: 3037 ---- --. -.-- Item#-16B5 September 23, 8 Page 10 of 41 " 1685 limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County or ten (10) days for non-payment. 4. Acceptabilitv of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A VII or acceptable to the County. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor dming the durati.on of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any cxpiIation date. There shall be a 30- day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. lOA Verification of Coverase The Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates aDd endorsements for each insurance policy are to be signed by a pelSon authorized by that insurer to bind coverage on its behalf. The policies, certificates and endorsements are to be in a fonn acceptable to the County and are to be received and approved by the County 30 days after award or commencement of any transition activity. whichever is earlier. The Contractor is to commence no activity with regard to perfounance of the Contract until the required insurance has been obtained. The County reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.5 Subcontnlctors The Contractor sball include all subcontrat:tors as insureds unde.r its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subjcct to all of the requirements stated herein except paratransit subcontractors will be:: subject to Automobile Liability of $1,000,000, in Attachment 4. 10.6 Additional Insured Reauirements Collier County shall be listed as the Certificate Holder and include as an Additional Insured on the Comprehensive General Liability Policy. 10.7 Certificate Holder and Requirements Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The ''Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 The Certificate must state the Contract Number and Title. 10.8 Cancellation Notice Requirements Page 5 of 30 OR: 4397 PG: 3038 Page 6 of 30 8 '. , \. Thirty (30) Days Cancellation Notice is required. 1685 10.9 Claims Information and LoSs Runs The Contractor shall make avaHab1e to the County, through its records or the records of their insurer, infoID'lation regarding a specific claim. Any loss run infomation available from the Contractor or their insurer will be made available to the County upon their request. 11. INDEMNIFCA110N. To the maximum extent pennittcd by Florida law, th.e ContractorN end or/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and an liabilities. damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, rcc:klessntss, or intentionally wrongful conduct of the Contrac:torNendor/Consultant or: anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate. abridge or reduce any other rights or Iemedies which otherwise may be available to an indemnified pany or person described in. this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. AMENDMENT AND NOTICES. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. In the event state or fed.erallaws are cnac1l:d after the execution of this Agreement which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement. then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws. in a manner which best reflects the intent of this Agreement. All notices and other. communications required or permitted hereunder shall be in writing and !lb.all be sent by Certified Mail, return receipt requested, or by 8 nationally recognized overnight delivery service, and a~sed as follows: McDonald Transit Associate&, Inc. 4500 Mercantile Plaza Drive Suite 307 Fort Worth, Te~as 76137 All Notices from the Contractor to the County shall be deemed duly served if mailed or certified mail to the County to: Collier County Government Center Purchasing Department.,... Purchasing Building 3301 Tamiami Trail, East Naples. Florida 34112 The Contractor and County may change the above mailing address at any time upon giving the other puty written notification. OR: , . ':..~ 13. LEGAL RELATIONSHIP. Contractor is an independent contractor, and is not the legal representative or agent of the County. Contractor and County have a business relationship based entirely on and circumscribed by this Agreement. No partnership, joint venture, agency, fiduciary, or employment relationship is intended or created by Teason of this Agreement. Contractor will exercise full and complete control over and have full responsibility for its contracts, daily operations, labor relations, employment practices and policies, including but not limited to the recruitment, seloction, hiring, disciplining, firing, compensation, work roles and scbedules of its employe~. 14. LAWS AND PERMITS. Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the work shall be obtained by Contractor. Payment for all such pennit8 issued by County shall be processed internally by County. All non-County permits necessary for the prosecution of the work shall be procured and paid for by Contractor. In additiou, Contractor shall comply with all rules, regulations md laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons it employs, and agrees that there shall be no discrimination as to race. sex, color, or national origin. 15. NO IMPROPER USE. Contractor will not use, nor suffer or pennie any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for I111Y purpose in violation of any federal, state, county or municipal ordinance, rule, Older or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees Dot to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. DISPUfE RESOLtmoN. This Agreement shall be deemed to be made in Collier County, Florida, and shall be governed by the laws of the State of Florida. In the event of a dispute under this Agreement, the parties shall first use County's tl1en-current Alternative Dispute ReBolution Procedure. Following the conclusion of this procedure, either party may file an lK:tion for approPriate relief in the Circuit Court of Collier County, said Court being the sole agreed upon venue with respect to any action arising from this Agreement. 17. COMPONENT PARTS OF TIllS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim. 18. SUBJECT TO APPROPRIATION. This Agreement is subject to appropriation by the Board of County Commissioners. 19. RECORDING. Contractor shall execute the Agreement first and it shall be recorded by County in the Official Records of Collier County. Florida, within fourteen (14) days after County executes the Agreement Contractor shall pay all costs of recording this Agreement. County shall provide a copy of the recorded document to Contractor upon receipt of the recorded document. Page 7 of 30 . . < OR: : 1685 m WITNESS WHEREOF, the patties hereto have caused this Agreement to be C7\ccuted by their approp.t.iate officials, as of the date first above written. Attest: DWIGHf. ~'b~~OJf.K. Clerk . ". .., ". t' Cl, , IJ~ 'r... First Witness Type/print witness name ~J#! S nd Witness kAtzuI L.~ 'type/print witness n me veil as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FLORIDA By: iuLw. ~ FRED W. COYLE, Chainn By: By: Page 8 of 30 OR: 4397 PG: 3041 -- em f:~'; September 23, . 08 Page 14 of 41 16BS " ATTACHMENT 1 COUNTY DUTIES COllNTY Dtn'JF." AND RESPONSmn..ITlES The COUNTY has tbe following responsibilities and per.fonns the following duties with respect to the fixed route and paratransil services. To the e1t.tent reasonable and feasible, CONTRACI'OR shall assist COUNTY in this regard.. Financial The COUNTY shall reimburse. on a monthly basis, all costs for the approved budget for frxcd route services and paratrBnsit services promptly, The COUNTY shall offer their advice ~d consent on the selection of any insurance policy and any subcontractor who provides trips to the customer. The COUNTY shall establish 8 payment account unique to the paratransit subcontracts. Ouex-atioDs and Maintenante Fadllt, COUNTY provides the operationslmaintenance facility and maintenance for COUNTY-owned CAT and paratransit vehicles. COUNTY is responsible for all utilities and maintenance costs for these facilities. Vehicles and EauiDment COUNTY will provide to CONTRACfOR the vehicles set forth in Exhibit "A" (both CAT buses and paratranslt). CONTRACTOR must provide any additional paratransit vehicles as necessary and may do so through subcontracts. ComDuters The CO~croR may be required to purchase additional computer equipment .1t--f.he- CONTRAero:ttu requiretk9-pln-rtla..llP. t~l'! rn~pnter eql1ipm.=t, 1M COUNTY will reimSnt'Se the CONTRACfOR for the actual cost of the approved computers and software. The COUNTY may provide aU or part of the computer equipment rather than reimbursing tbe CONTRAcroR. The CONTRACTOR shall procure with the advice and CODsent of COUNTY the scheduling softwarl" preferred and specified by COUNTY. The ownership of the software shall remain with COUNTY. Fuel and Maintei1an(:f3 Cost! COUNTY shall provide fuel and maintenance products or services needed for all county owned vehicles. COUNTY will outline all operating, administrative and accounting procedures that CONTRACTOR must follow in connection with fueling operations. The COUNTY wilJ either reimburse the CONTRACTOR for the cost of fuel fOJ:" those isolated cases in whicbit is Dot feasible to supply fuel at a COUNTY facility for all county owned vehicles used in providing service to CAT and paratransit COUNTY may transfer direct maintenance duties to CONTRACTOR. Costs for fuel and maintenance for COUNIY vehicles are. in addition to the CONTRACfOR cost proposal. Schedules. Passes. Tickets. Tokens CONTRAcroR shall prepare, print, and provide aU schedules, passes, tickets, tokcIl8, and like materials required by CAT and paratransit operations. CONTRACTOR shall distribute and disseminate such mate;rials in accordance with the provisions of this CONTRAcr and any directions supplemental thereto provided by COUNTY. The COUNTY will reimbuTSe the CONTRACTOR for the cost of these items. Page 9 of 30 OR: 4397 PG: 3042 Bedio Communication SJ'stems COUNTY will provide radios on all County-owned fixed route buses and existing County-owned supervisory vehicles. COUNTY will be responsible for providing and maintaining the radio communications system.. COUNTY will be financially responsible for the cost of the radio license, all radio equipment and equipment installation. CONTRACTOR must identify and provide additional radio equipment for any additional Supervisor vehicles, paratransit fleet, and other new services. If CONTRACTOR is required to purchase the radio equipment, COUNTY will reimburse CONTRACTOR for the actual cost of the approved radios and equipment. COUNTY may provide aU or pan of the radio communication equipment rather than reimbursing CONIRACTOR. FareboxesIDestinatioD Sims COUNTY provides the manual farebox system on the fixed route bus fleet and the neccssMY equipment (vault, any coin-counting machines, ele. at its administrative/dispatch office) to safely and securely store the contents of all fareboxes over night If additional equipment is identified by the CONTRACTOR and approved by the COUNTY, the CONIRACTOR may be requited to pwchalle that equipment. The COUNTY will reimburse the CONTRACI'OR for the cost of the approved equipment. COUNTY will provide the destination signs for the buses. Bus Ston ImD~vementa COUNI'Y wiU purchase all signs, posts, benches, shelters, and trash receptacles for CAT and paratransit bus stops and facilities. The CONTRACTOR will maintain all bus stops, signs, posts, benches, shelters, and trash receptacles at COUNTY'S direction. The COUNTY will reimburse the CONTRACTOR for the expense of this maintenance. Notification - Potential Interference With ODeratioD8 COUNTY shall make a reasonable effort to notify CONTRACfOR in advance of any road closures, detours, parades. Of other such events under COUNfY jurisdiction, which may interfere with CAT and paratransit operations or require deviations from established routes or schedules. Page 10 000 . " ,. OR: 4397 PG: 3043 Item # 1685 September 23, 8 Page 16 of 41 ATTACHMENT 2 CONTRACTOR DUTIES 16B5 CONTRACfOR DUI'IES AND RESPONSmILITlES The CONTRAcrOR shaH perfOtIII the duties and atcept the responsibilities set forth below in connection with the operation, maintenance, and administration of fixed route CAT and paratransit systems. ODer8.tiODS CONTRACTOR shalJ provide the n.ecessary management, technical and operating services for the operation of fixed route. special event, paratransit and other services as specified by the COUNTY. CONTRACfOR shaJI assist and cooperate with COUNTY in meeting the objectives of providing quality transportation services. CONTRACTOR shall perform close liaison activities, coordination, and cooperation with COUNTY on matters related to operations. monitoring, reporting and service performance measurements. ~Y5tem Plannin2 and Admini8tm~on CONTRACTOR is responsible for all planning activities relative to CAT rOlltes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, approval of an planning documents, budgets, grant applications and related documentation. contract monitoring and other such activities relative to overall system administration, at COUNTY'S approval. CONTRACTOR is responsible for the preparation and administration of all grants (federal, state and local) associated with the operation of the fixed route and paratransit systems. Fixed ,"oute Using 'Vehicles and eq1lipment provided or funded by the COUNTY, CONTRACTOR will operate fixed route bus services as specified by COUN'IY. Pixed route bus service shall be operated in strict accordance with the operating days and hours, routes and schedules set forth in the schedule, and shall provide such service in a safet professional, and courteous manner. Service hour.s may vary over the term of the CONTRACT depeitding upon funding considerations. · In the event that a fixed route operates more than ten (10) minutes behind schedule, CONTRACTOR shaD take all availabl.e steps to restore on-time performance. · CONTRACI'OR shall establish procedures, subject to COUNTY review and approval, to resto~ on-time perfonnance. · CONTRACTOR is responsible for developing and distributing all schedule blocks and run Cllts in confonnity with COUNTY'S prior approval and specifications. · A dispatcher i! required to be on duty in tbe fixed route dispatch offioe at all times . while buses are in service. Detailed logs mus~ be kept on all communications. · Drivers, when requested by COUNTY. will hand out notices to passengers or otherwise render assistance in COUNTY'S customer relations, promotion, monitoring, and supervisory functions. · Drivers will be required to assure that: each patron pays the appropriate fare. · Drivers will be requinxl to honor fares as detennined by COUNTY. · Drivers shall have available at all times during operation of an)' bus an accurate timepiece. · Drivers will be required to operate the wheelchair lift and kneeling features an.d assist in securing wheelchairs and scootC.fS. Pale 11 of 30 " OR: 4397 PG: 3044 Item # 16B5 September 23, Page 17 of 41 16B . Drivers wilJ be required to announce aU ADA required stops through the P A system, as outlined by the COUNTY. Drivers must fill out a pre-trip and post-trip inspection fonns. The CONTRACTOR must provide a rc1iab~ monitoring program to insure a high pedormance capability. The CONTRACI'OR will be responsible for accumulating data and reports that assist in identifying service improvements. The CON'TRACIOR must implement a program that provides adequate supervision throughout the: transit system's service area. . . . ParaU'anlllit Service. The CONTRACfOR shall ensure that similar operation; maintenance and administrative oversight and management duties and responsibilities are undertaken for the paratransit systom. CONTRACTOR shalJ propose a qualifications-based subcontractor selection process within ten days of contract award. CONTRACTOR shall conduct all subcontractor selection and negotiation process with the advice and consent of COUNTY. CONTRACTOR shall cause tJ1is process to be completed 30 days before service delivery inception as defined in the subcontract. At a minimmn, the CONTRACTOR wi.ll be responsible for the successful delivery of all scheduled paratransit trips with the passenger pick-ups occurring within fifteen (15) minutes of tJ1e scheduled pick-up time. SDecial Events Service In addition to regular fixed route and paratransit operations, CONTRACTOR will from. time to time, be required to provide special transportation services within the CAT service area using CAT vehicles. AU passenger fares (if any) for the special events service are the propeny of the COUNTY and are to be accounted for and deposited using the same procedures followed for the regular operations on the fixed route service. SAFETY CONTRAcroR shall assume fuJI responsibility for anunng that the safety of passengers, personnel, members of the public and COUNTY'S vehicles and equipment are maintained at tbe highest possible level throughout the term of this CONTRACT. In this regard, the CONTRACTOR will develop and implement an ongoing comprehensive safety program covering aU aspects of the system. The Safety Program must meet, at a minimum, all applicable Federal, State. and local regulations including Rule Chapter 14-90. The COUNTY System Safety Program Plan (SSPP) sets the requirements for safety. The following, at a minimum, are to be included in the Safety Program: Safety Reviews and Accident PrenntioD The program will include provisions to regularly review aJ) aspects of the operation to ensure that the service being provided meets the highest level of safety standards. This will include audits of vehicles and equipment, delivery of accident prevention programs, holding monthly safety meetings, and ensuring follow-up of findings. Eme~ev PreDal:'stion CONTRACTOR will develop procedures and provide training programs to address all types of emergency situations, including accidents, cri.mclsc:curity incidents, and inclement weather. Page 12 of 30 OR: 4397 PG: 3045 -'tern # 1685 . September 23, ::_ 08 Page 18 of 41 ~ 16B5 Awden~ldeDt ResDonse and ReDortine: CONTRACTOR shall develop and implement procedures, subject to COUNTY review and approval, to respond to and report all accidents and incidents. Such occur.rences are to include vehicle accidents, passenger injuries or disturbances, employee injuries, and lift failures on in- service buses. All traffic accidents involVing transit system vehicles are to be reponed promptly to the Collier County Sheriff or other appropriate police unit, as well as the COUNTY. Page 13 of 30 Accident InvestlntJoD. Ratinli! and Follow~uD CONTRACI'OR will develop procedures to investigate, review and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition. this review will establish the need. (and schedule, as necessary) for any corrective training, operating guideline revision, or equipment maintenance or technical correction required, together witb a foIJow-up to assure that action has been completed. All staff involved in accident investigation must be properly trained in accident investigation as required by the US Department of Transportation. ADA Reauirements Program win encompass provisions for meeting ADA public transit requirements, including the policies, regulations and training of all bus operators in the safe use of all ADA bus equipment Requirements include operation of the wheelchair lift equipment, wheelchair tie-down procedures, wheelcbair lift standee policies, operation at bus kneeling feature, public address system, boarding and securing of the mobility devices, &ervict': animal regulations. and an awareness of a variety of disabilities and the medical symptoms or risks associated with them. Drill! and Alcohol Testinli! PrOt!l'8lD 'The CONTRACfOR will implement a Drug and Alcohol Testing Program that complies with 49 CFR Part 655. COUNTY will reimburse CONTRACI'OR for all required tests. Monthly reports must be submitted to the COUNTY documenting the details of the tests that have been administered. The annual Federal Management Information System (MIS) reports with specific fixed route and p;uatransit infonnation are to be submitted to COUNTY each year. The CONTRACI'OR must permit the COUN'J"Y and any authorized representative of US DOT [0 inspect facilities, and records associated with the program. The Drug and Alcohol Testing Program requirements will be reflected in the Accident Response procedures. The CONTRAcroR agrees further to certify to Collier County annually its compliance with Part 65S. To certify compliance. the CONTRACI'OR shall use the "Substance Abuse Certifications" in the "Annual List of CertUications and Assurances for Federal Tnlnsit Administration Grants and Cooperative Agreements," which is published annually in the Federal Regi.ter. CUSTOMER SERVICE Tbe CONTRAClUR will operate a Customer Service Program, which accomplishes the following: Customer InQuiries. Comulaints ODd Commendations A main focus of the Customer Service Program is handling aU customq/public inquiries, complaints or commendations received by mail, fax, e-mail, phone, or in person. The Customer Infonna.tion Service hours win be Monday - Sat:urclay from 6;00 a.m. to 7;00 p.m. The hours may be extended in the future jf a need is identified. AU inquiries. compIaint.9, or commendations shall be IeCord.ed on. .: OR: 4397 PG: 3046 680-- ...-.-; September 23,'. ' 8 prO gaf ~ Page 14 aDO . " a permanent customer comment forro. The comments are to be routed to the appropriate department for research and follow-up actions. Detailed questions and all complaints must teeeive follow-up respon ses to customers within three (3) working days of receipt. An important requirement of the program is supervision of infonnation responses to assure quality control, accuracy, and customer service. In addition, CONTRACTOR shall monitor and schedule personnel necessary to effectively respond to incoming calls at a q.uality and level consi81ent with customer demand. ComDuterized Database: Customer ComDlaJnts. Comments. and CommendaU,ons A comprehensive report is to be provided to COUNTY monthly, showing a summary of all customer communication (both received and sent). The report is to be organized by the customer comment category. by bus route, date, and customer name or employee name. Follow-up action taken to address concems must be specified in this report. All complaints more thau eight (8) working days old which have n.ot resulted in a completed investigation and follow.up response (telephone or written) to the customer must be listed separately and forwarded to the COUNI'Y. Tidcel/Pass Sales Protmlm CON'IRACTOR will sell tickets and monthly passes for fixed route and paratransit service at the CONTRACTOR'S facility during the hours of 8 am to 5 pm on weekdays. CONTRACTOR will accept payment by cash, check, and money order. A mail.in ticket and pass proaram must also to be provided. All revenues from. the sales program are to be included in the passenger fare deposits. The CONTRACTOR must provide complete accountability to the COUNTY for this program. A periodi.c inventory of tickets and passes will be conducted at the COUNTY'S request. Oueratine a Lost and Found Pro2rBm Customer Service will be responsible for managing aU lost and found articles from buses or at transit facilities. This may include fielding inquiries on the phone or in person at the Customer Service Information Office. Photo Identification Cards CONTRACTOR may be ub.:d to prepare and issue identification cards to the elderly and disabled for federal fixed route discount fare benefits, as well as those eligible for the Complemental)' Paratransit ADA .services. Customer Service will record information and prepare an 1.D. at the CONTRACTOR'S facility for all eligible passengers requiring the discounted fare. Information on the recipients will be enrered and maintained on 9. database. MAINTENANCE CONTRACTOR shall provide information and training to COUNTY staff regarding compliance with all applicable requirements of Fcdenl and State, statutes or regulations in connectio.n with the maintenance of COUNTY-owned vehicles and equipment. Preventive Maintenance Proeram CONTRACTOR shall develop and submit a pro-active preventive maintenance program within thirty (30) days of the effective date of this Agreement. At a minimum, CONTRACI'OR'S preventive maintenance program shalt adhere to tbe preventive maintenance scbedu.Jes and standards of the industry. and shall be sufficient so as not to invalidate or lessen warranty coverage of any county owned vehicle or associated equipment. OR: 4397 PG: 3047 em 1685 September 23, Page 20 of 41 8 Vehicle Towing 16 B 5 In the event that towing of any COUNTY-owned vehicle is xequired due to mechanical failure, damage, etc., CONTRACfOR shall be responsible to arrange such towing, through a company selected by the COUNTY. The COUNTY will reimburse the towing Contractor for seIYice provided. VEHICLE SERVICING AND CLEANING Daily Vebicle Servidn2 CONTRACl'OR shall perform daily vehicle servicing on all fixed route veh.icles and equipment. For purposes of this CONTRACT, daily servicing shall include, but not be limited to: · Fueling · Engine oil, coolant, tTanSlDission fluid, and windshield washer check/add . Farebolt vault pulling and replacement · Tire inspection (air pressure, tread depth, and wear) . Brake check . Exterior and interior light operations · Interior sweeping and dusting . Exterior and interior visual inspection · Identify unreported damage CONTRACTOR shall develop, implement, and maintain a written chetklist of items included in the daily servicing of each vehicle. The checklist shan be utilized and kept on file for COUNrY review for two (2) years. Sjmilar standards should.be developed for county owned vehicles out stationed to paratransit service sub-contractors . Vehicle Cleaninl! CONTRAcroR shall maintain buses in a clean and neat condition at an times. Vehicle exteriors and wheels should be washed daily and interiors cleaned daily; including floors mopped and trash removed after each day's use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned as necessary, but at least every fourteen (14) days. All foteign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shaJJ be steam cleaned as necessary, but at least quarterly. Upholstery damage shall be scheduled for repair imm.ediately upon discovery. Rubber or vinyl exterior components such as tires, bumper fascia. fender skirts and door edge guards shaD be cleaned and treated with a preservative as necessary to maintain an attractive appearance. Buses shall be kept free of vermin and insects at all times. CONTRACTOR shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe, non-hazardous and EPA approved insecticides/mau:rials. Similar standards should be developed for county owned vehicles out stationed to parattansit service sub-contractor.s. Page 15 of 30 : OR: 4397 PG: 3048 Item # 16B5 r:'.;:j September 23, Page 21 of 41 16B5 . . Bus Stop, Transfer Center. Transit Amenitie.s Maintenance. Qeantn2 The CONTRACTOR will be responsible for cleaning and maintaining the transfer center, park and ride lots, improved bus stops, shelters and other transit amenities. This shall include but not be limited to: trash removal, washing windows, replace:rnent of light bulbs, painting, graffiti removal, and insect removal/treatment CONTRACTOR will be responsible for monitoring all bus stops. shelters, and other transit amenities on a regular basis and reporting any maintenance problems to me COUNTY. The maintenance program must meet the following minimum standards and the proposed plan to accomplish this task shall be submitted to the COUNTY for review and approval: · The CONTRAcrOR shall be required to monitor bus stops, transfer center, park and ride lots as well as improved bus stops and shelters transfer locations on a regular basis. The CONTRACfOR'S field supervisors and the transit system bus operators may be utilized as a monitoring resource. Customer comments aod requests will also provide infonnation related to the bus stop maintenance requirements. · Upon notification, tbe CONTRACTOR will clean and maintain the improvements and grounds at all bus stop sign, bench, and shelter locations. · Unsightly conditions reported to the CON1RAcrOR by the COUNTY OT the public will be corrected within forty-eight (48) hours. · Hazardous conditions such as damaged facilities will be responded to as quickly as poss.ible. The CONTRACfOR will be initially responsible for labor and materials used in the penotlIlance of this work. The COUNTY will reimburse the CONTRAcrOR for the cost of labor and materials. BUS STOP INVENTORY AND SHELTER REPAIR WORK ORDER PROGRAM The CONTRACTOR is responsible for manap,ng the CAT bus stop and shelter. program and undertaking designated repairs. This includes the fonowing responsibUities: Bus Stop Inventorv Preparing and maintaining a computerized CAT bus stop inventory which delineates the location of all bus stops, the routes that serve each stop, and the improvements located at each stop. Bus StoD Shelter RePair Work Order Pro2l'am Performing the ongoing maintenance of existing signposts, trash receptacles, shelters and benches at stops, including repair, removal, and relocation of bus stop materials. Simaee. Parts Inventory The CONTRActOR will maintain the inventory of all sign faces and posts by type. and advise the COUNTY when additional faces and posts need to be ordered. The COUNTY will reimburse the CONTRACTOR for all sign faces and posts. s..toj) and Route Evaluation Evaluating requests fpl' additional stops and routes and making recommendations to COUNTY on stop and route additions, removals Bnd relocation. The recommendations need to be based on ADA. safety, route schedule, and community considerations. CONTRACTOR will be responsible for labor used in the performance of this work. Page 16 of 30 OR: 4397 PG: 3049 em September 23, 8 . . Page 22 of 41 16B5 ~ Page 17 of 30 REVENUE COLLECTION. RECONcrUATION AND DEPOSIT CONTRACTOR will develop a Plan to assure that revenue collection, reconciliation, reporting, and deposit procedures meet industry standards and conform to local and federal requirements. This Plan is to be submitted to COUNTY for review and approval. The following is to be incorporated into the plan: · All revenue collected by CONTRACTOR for fixed route, paratransit and special event service will be the property of the COUNTY. . · CONTRACTOR shall reimburse COUNTY for any revenue missing or stolen from vehicles or facilities. COUNTY and CONTRACfOR agree to daily reconciliation of receipts. CONTRACTOR shall prepare reconciliation-reporting system in 30 days from award of contract. · COUNTY will establish the fare structure for tbe fixed route system and trip rate structure fo.r the paratransit system. Any change in the fare sttucture or trip rates authorized by the COUNTY will be implcmentad by the CONTRACTOR in the manner and at the time prescribed by COUNTY. · Drivers shall be required Co assure that each patron pays the appropriate fare prior to being provided transportation service. The CONl'RACTOR may waive the passenger farc when appropriate in order to maintain appropriate customer relations. ProcedUfes outlining the waiving of passenger fares shall be identified in the CONTRAcrOR'S Policies and Procedures Manual. · Drivers will not handle cash or make change for passenge(S. · Drivers will record ridership counts by passenger category. · CONTRAcroR shall maintain the security of the farcboxes on the buses and the associated revenue collection system. Drivers wiIJ immediately report to Dispatch all problems arising with the farebox. · Money is not to be left in fareboxes overnight or when the vehicle is transported to an off-property garage or site. · Revenue is to be counted daily. There mllSt be a minimum of two staff membem in the vault room during the count · All discrepancies are to be investigated and accompanied with an explanation report to the COUNTY. This report must be received within two (2) business days of the discrepancy. RECORDS AND REPORT~ CONTRACTOR must maintain detailed records in all areas of the operation. This infonnation is vital to ensure compliince with county, federal and state requirements and to enable a thorough monitoring and evaluation of the system, including ridership, revenue, maintenance activities, service efficiency and effectiveness and customer feedback. The CONTRAcrOR must develop alld implement a plan to ensure the development of a comprehensive and accurate record keeping and reporting program that encompasses all aspects of the operation. This record keeping/reporting plan is to be submitted to the COUNTY one montb prior to service start-up, and is to be approved by COUNTY prior to start-up. The following are to be incOlpOl"ated in the CON'IRACTOR'S record keeping/reporting plan: · All data and records collected pertinent to the CONTRACT must be accessible in the fonn of a hard copy and an electronic medium to the COUNI'Y at any time. OR: 4397 PG: 3050 - " (MiCl'O$O!l EXCEL, WOld, or .ollware approved by the COUNTY) Thi,lnformation 1 6 B 5 also needs to be accessible by the Federal Transit Administration (FTA) Administrator, the Comptroller General of the United States or any of their authorized representatives pl1rSuant to 49 C.P.R. 18.36(1)) .as well Florida DOT or Florida Commission for the Transportation Disadvantaged authorized representatives. The CONTRACTOR agrees to maintain all books, records, accounts, and reports requited. under this CONTRACT for a period not less than five (5) years after the date of termination or expiration of rhis CONTRACT.. Upon completion or tcrminatioll of this Agreement, all records, documents, tracings, plans, specifieations, maps. evaluations. reports. computer assisted design or dr.afting disks and other technical data, prepared or developed by CONTRACTOR under this Agreement shall be delivered [0 me COUNTY upon request and shall become the property of COUNTY. CONTRACI'OR is responsible for preparing the National Transit Database report (fonnerly Section 15 report), and compiling infonnation regarding the service, including vehicle revenue hours; vehicle mileage. passenger trips, and service failures for the preparation of the National TrUlSit Database report. This report is critical to receipt of federal funding and the CONTRACTOR must ensure that all deadlines established by FT A for receipt of repon and any foJJow-up responses are adhered to. The CONTRACTOR will be required to report all Accounting information .including Revenue and Expense infonnation using the Uniform System of Accounts (USOA) as a reference document. The CONTRACTOR must maintain the accounts and ICcOrdS necessary to m.eet the requirements specified in the USOA. Additionally, all accounting info1lllation must be reported to the COUNIY in a format that will allow the COUNTY to generate the electronic invoices using the Electronic Clearing House Operation (ECHO) program. CONTRACTOR will be requited to maintain aU information necessary for all FrA reviews. including all FTA Triennial Review information. Information pertaining to the triennial review must be maintained in a filing cabinet sorted by the twenty-two (22) general areas of review. This infonnation must also be available in a comparable electronic format sorted in the same manner. When necessary, hard copies of documents pertaining to the review must be scanned so as to be available electronically. The CONTRACI'OR shall submit for the ere, a ceJti.fied Annual Operating Report (AOR), to the Commission for the Transportation Disadvantaaed by September 15th each year with a copy provided to the Collier County MPO. The AOR must be submitted to the Local Coordinating Board for. review prior to submitting it to the Commission for the Transportation Disadvantaged. The CONTRACTOR shan comply with the Transportation Disadvantaged Program Standards for Coordinators. . . . . . . . ~OUIRED REPORTS The following reports ate to be submitted to the COUNTY according to the specified frequency: Operations Reports Page 18 000 OIt-j397 PG: 305L. Item # 1685 r:: ..J September 23, .08 Page 24 of 41 16BS The following is an illustrative list of the minimum operational reports required for the fixed route system. Identical, similar, or like.wise appropriate operational report for the paratransit system must also be provided. 1) Daily Dispatch Log · The Contractor wilJ record on a daily dispatch log all radio communication received .from operators and supervisors including time, vehicle number, route number, and a brief .summary of aoy incident and its resolution. 2) Daily Operating Report · Total11lIl8 dispatched · Total revenue hours operated · Total dispatched runs and revenue hours that were missed · Total dispatched runs that were delayed · Total number of trips monitored by Contractor · Total monitored trips recorded as late or early · Total number of authorized extra trips · Accidents (any vehicle used in the transit system or passenger) · Total number of bus failures (identified as major or minor and the reason for the failure) by bus and run number · Total number of buses (in service) with inoperable wheelchair lifts identified by bus number · Parebox problem, tampering, vandalism. etc. by bus number · List of supervisors driving routes and run number · Number of dispatchers and supervisors on duty (not driving) · Number of open runs (driver's) and run number and number of deviations by bus and run · Revenue and revenue miles, hours and number of passengers · Number of late c:an<:elJations and JJo~show paratransit trips with details of circumstances and causation Monthly ReDotts · Total number of major and micor mechanical. failures (by bus number and l1ln number) · Total miles between failures · Mileage per month · Total missed trips and hours · Total supervisor hours driving routes · Total vehicle miles and hours · Total number of passengers · Accidents and incidents · Complaints from passengers: by route, type and driver Safetv Reoorts 1) Monthly Drug and Alcohol Testing Information Page: 19 of 30 OR: 4397 PG: 3052 Item # 1685 September 23, Page 25 of 41 2) 16B5 Number of tests administered by personnel category and all positive and negative results for the following categories: . Pre-employment · Post Accident · Random. · Reasonable Suspicion . Return to Duty Monthly Accident Statistics · Preventable and Non pr.eventabJe · Passenger lnjuries · New Workers Compensation Injuries, Injuries per 100 employees · Incidents Accident Reporting Dispatch Memorandum of Accident (including drug & alcohol testing requirements) as per page 18 "Safety RequiremeotS". · Supervisors Accident Report . Drivers Accident Report · Police Report · Safety Department FoIJow up Report .... 3) Revenue Reoorts 1) Daily Reconciliation Report · Ticket Sales · Cash · Total Revenue · Total Deposit 2) Farebox Repons · Daily Revenue and Ridership Report · Daily Farebo,; Data Verification Report (discrepancies) · Daily Exception Report · Daily Security Report · Monthly Reve.nue and Ri.dership Report Reports shall be due by the tenth (lOth) day of each month for service provided in the. preceding month. Customer Service MonthJv ReDorts · ComplainulCommendations · Copy of eacb complaint and commendation · Summary of follow.up action · Summary of number of complaints and commendations by issue Penonnel Revorts - Monthly · Total Positions by Department and Classif1Cation - Required, Filled and Vacant · Number of Employees in Training (by Department) Page 20 of 30 .' 16B5 County Notification - Immediatelv . Accidents (any County vehicle or passenger) . Incidents that delay route more than 10 minutes · Missed trips · Major bus failure (any disabled bus) . Detour or deviation off nonnal routes, this includes deadhead roUles ~GANIZATION AND PERSONNEL PLAN The CONTRACTOR will provide an organization and personnel plan identifying staffing levels for each depattole1lt. The plan needs to detail job descriptions, full time or part time designation, shifts, days of assignment and projected annual hours. The organization and staffing levels need to enable the delivery of a public transportation service tbat meets the COUNTY goals. As conditions change during tbe life of the CONTRACT, the CONTRACTOR is ~quired to develop revisions to this plan to ensure the delivery of quality transit service. Manaeement CONI'RACTOR shall provide management staffing at a level and capability sufficient to oversee its functions and employees. CONfRACfOR shall designate and provide the services of a General Manager who shall provide overall management and supervision of the fixed route and paratransit systems under the tenns of this AGREEMENT. The appointment of the CONfRACTOR's General Manager is subject to and contingent upon the approval of the COUNTY. The General Manager shall work cooperatively with the COUNfY'S Alternative Transportation Modes Director in matters relating to service quality, providing operational and other data as described in this Scope of Work, ~ponding to comments from fixed route and paratransit passengers and the general public, and responding to specific requests for other assistance as the need arises. CONTRACfOR shall assure COUNTY that the General Manage.r designated for this project will not be replaced Without the written consent of COUNTY. Should the services of the General Manager become unavailable to CONTRAcrOR; the resume and qualifications of the proposed replacement shall be submitted to COUNTY for approval as soOn as possible, but in no event later than ten (10) working days prior to the departure of the incumbent General Manager, unless CONfRACfOR is Dot provided with such notice by the departing employee. COUNTY shall respond to CONTRACTOR within three (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement Genera) Manager. . Any new General Manager must be ad.cquately briefed of ongoing and upcoming issues by the departing General Manager. The office of the General Manager will be physically located at CONTRACTOR'S operations facility. At all times, the General Manager. or an Operations Supervisor designated to act for the General Manager, shall be available either by phone or in person to make decisions regarding day~ro-day CAT operations or provide coordination as necessary, and sball be authorized to act on behalf of CONTRACTOR regarding all matrers pertaining to this Scope of Work. Page 21 of 30 OR: 4397 PG: 3054 " Item # 1685 September 23, Page 27 of 41 ~ " Emu..... _tal md Selo<t1oq 16 B 5 CONTRACTOR shall use appropriate screening and selection criteria to employ all staff. A detailed method for. the selection of all employees must be developed by CONTRACTOR and approved by COUNTY. The selection method must identify a process for evaluating minimum requirements. The following needs to be addressed in the screening and selection program: . Proven ability in tbe area of customer service. This is vital to the delivery of quality transit services . Review o(driving abiHty for all employees operating traJ1sit vehicles · References of past employment . Drog and alcohol testing for safety-sensitive employees; this includes a signed waiver at time of hiring for any drug/alcohol testing results to be given to COUNTY · Job related requirements for each position · CDL License . Review of Motor Vehicle Records · Job description · Pay Scale Trainine: CONTRACTOR shall develop, implement, and maintain a fonnal training and retraining program, which shall be subject to review and approval by COUNTY. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. All COUNTY- approved costs will be reimbUISed to CONTRACTOR by COUNTY. An important part of the program is a Customer Relations component. All employees having contact with the public must complete a Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public, As part of the training program. CONTRACfOR shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a DRIVER'S MANUAL. Contents of the DRIVER'S MANUAL shall include the following subject areas: driver's rules; accident/incident policies; radio poUcies and procedures; farebox policies and procedures; fog and inclement weather policy: vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent sample forms. For operators, CONTRACTOR must certify in writing, by name, each individual operator as having satisfactorily completed all requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. This certification requires a minimum of eighty (80) houts of training for each operator, full and part-time. The minimum eighty (80) hours shall include the eight (8) hout minimum National Safety Council Defensive Driving Course or equivalent. with. satisfactory scores. I[ shall also include a minimum of thirty-two (32) hours of wheel time, including at least four round trips on each route. At least eight (8) hours of classroom instruction shall be performed for each of the following Ca1egories: 1) passenger relations, 2) accident reporting procedures, 3) radio communication procedures and codes, 4) schedules, routes, fares, and farebox procedures and, 5) ADA regulations for fixed route operations, and 6) ADA equipment operation. To maintain each individual operator's certification, the CONTRACTOR must provide and document annual rdres-hor training of at least eight (8) hours for each operator covering passenger relations, operating procedures, ADA regulations and equipment updating. This training must Page 22 of 30 . . OR: 4397 PG: 3055 Item # 1685 September 23, Page 28 of 41 16B5 satisfy the paratransit service Passenger Assistance Training/Sensitivity requin:ment of Rule 14-90. Additionally, th~ CONTRACTOR'S trainer shall conduct and document an on-board evaluation with each operator. The CONTRACTOR is responsible for training all operators on the requirements for public transit as defined in the Americans with Disability Act of 1990 (ADA) requirements. The CONTRACTOR addressing fixed route ADA req~ments shall develop a comprehensive, on-going tJ:aining program. The COUNTY will strictly enfon:e compliance with the ADA Jaw. Spuervision The CONTRACTOR'S supervision program must ensure that a high quality level of service is being delivered to fixed route and paratransi.t passengers. The CONTRACTOR to meet the above goaJ should evaluate superv.isor.-staffing levels in all departments carefully. Supervj,sors must have and maintain an appropriate Commercial Driver's License or other appropriate license. Page 23 of 30 The CONTRACTOR must document and report to the COUNTY all instances where supervisots and dispatcbers are used as operators. The CONI'RACTOR :must develop a plan for ensuring adequate supervision in these instances. Uniforms CONrRACfOR personnel who perl'orm front line customer duties shall wear an official CAT uniform. The CONfRAcroR may not alter or replace unifonn parts without the express approval of the COUNTY. Supervisors must be in uniform when on duty. The plan should include tbe proposed unifonn pieces and supplier; however, the COUNTY determines the system logo, name, and colors. Operators and street supervisors mu.st be clean and presentable at all ti.mes. The uniform may not be worn when petfonning duties or engaged in activities not related to the fixed route or paralransit systems. COUNTY will reimburse CONTRACTOR for all approved uniform costs. Eoual Emu)ovment Oooortunitv lEEO)/AtDnn.ative Actlq,n CONTRACI'OR must develop and implement an BEO and Affmnative Action program that meets or e~cee.ds all federal, state, and COUNTY policies. CONTRACTOR to prepare EEO program that compnes with FI'A Cjrcular 4704.1 "Equal Employment Opportunity Program Guidelines for Grant Recipients" and submit to COUNTY by January 1 of each year. CONTRACTOR to update program and submit annuaUy to COUNTY. PERFORMANCE STANDAlp>S The CONTRACTOR will perfoon all transit services required by the CONTRACT according to the: perfonnancc standards set forth in Seetion 4 - Scope of Work. These standards are the minimum acceptable requirements for services perfonnedundcr this contract. The CONTRACTOR'S plans and procedures. submitted with the PROPOSAL, shall incOlpOTate actions necessary to provide service according to these minimum standards. The COUNTY has developed these standards with which the CONTRACTOR is expected to comply to jnsure that the COUNTY'S transit services. employee perfonnancc and vehicles meet COUNTY standards. Failure by the CONTRACTOR to meet these standards col11d result in the COUNTY . .". OR: 4397 PG: 3056 Item # 16B5 September 23, Page 29 of 41 .' assessing an appropriate liquidated damage amount for each incident of non-compllance. The COUNTY has established specific performance standards related to the following: · Vehicle :maintenance · Operating requirements . Vehicle cleanliness · ADA compliance · Safety requirements · Reporting requirements FIxed Route Bus Ooenltions The following performance requiremL'lnts apply: · Maintaining on-time performance within zero (0) minutes early and five (5) minutes late of scheduled times · Completing scheduled trips in their entirety · Operating routes in. accordance with the established routes (operating according to the correct route, serving aU designated stops) ParatraD5it Operations The following performance requirements apply; · All scheduled pick-ups must be accomplished · All pick-ups must occur within fifteen (15) minutes of the scheduled pick-up time Vehicle Oeanliness CONTRAcrOR shall maintain fixed route vehicJes in a clean and neat condition at all times. CONI'RACI'OR is responsible for the fo})owing: · Daily cleaning of the interior: of the vehicles · Daily cleaning of the exterior of the vehicles · Major detailed interior and exterior cleaning every fourteen (14) days · Quarterly upholstery cleaning ADA Comnliance The CONTRAcrOR shall meet the ADA requirements. The CONTRACTOR is responsible for the following: . · The proper use and maintenance of mobility devices (wheelcbair lift) to. board passengers · Properly boarding persons in wheelchairs as well as passengers who are required to stand on lhe wheelchair lift platfonn to be lifted into the bus · Properly securing wheelchair passengers in the wheelchair tie-down positions · Making the required announcements of stops on.the bus Public Address cPA) system Safety Requirements The CONTRACTOR is responsible for complying with all of the following: · Reporting aU passenger or vehicle accidents to COUNTY promptly within one (1) hour of occurrence and following up with required detaiJed written accident report within three (3) days · All provisions of the System Safety Program Plan must be complied with Page 24 of 30 .. ,- ,. 16B5 Reportinl! The CONTRAcrOR is responsible for complying with all of the following: · Submitting required monthly reports and documentation as outlined in the RFP Section 4.3.34 within ten (10) working days of the end of the month Providing initial response to customer within three (3) working days from date of complainr receipt Completing investigation and follow-up response on customer complaints within seven (7) working days of complaint receipt All incidents and accidents must be reported to the COUNTY in accordance to the definitions, limits and timelincs of the United Stated Department of Transportation (USDOT) Federal Transit Administration (FTA). the Florida DOT, and the Florida Commission for the Transporta.tion Disadvantaged Submitting required monthly ~ports and documentation as outlined in Section 4.3.34 within ten (10) working days of the end of the month Providing initial response to customel" within three (3) working days from date of complainr receipt Completing investigation and follow-up response on customer complaints within seven (7) working days of complaint receipt It . . . . . LIOUIDATED DAMAGFS For performance not delivered in accordance with this contract, the COUNTY shall incur additional expense, loss of confidence by system users, and-negative or adverse bad publicity for the program and other damages to the COUNTY and the program. System performance outside of perfonnance norms causes passengers to file complaints and make multiple caJls [0 ensure that trips are properly booked and delivered. The actual damages caused by such a breecb uncettain or difficult to accurately estimate or prove. For this reason, liquidated Damages may be assessed against the CONTRACI'OR fot the below specifiod violations: Liquidated Damages for Operating Requirements Por each instance in which the CONTRACI'OR fails to comply with operating requirements of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. COUNTY may waive liquidated damages for missed trips or late trips when circumstances exist thllt are beyond the CONTRACTOR'S control, soch as passenger or driver illness. significant traffic delays, weather conditions or accidents not involving CAT, non-preventable accidents involving CAT, road closures and repairs causing delays or rerouting, parades or special events. Failure to pick up a scheduled paratransit trip will be assessed thirty dollars ($30.00) per occurrence:. Failure to pick up a scheduled paratransit trip within fifteen (15) minutes of its scheduled pick-up time will be asseSS<<l ten dollars ($10.00) per occurrence. Liquidated Damaaes tor Vehicle Cleanliness For each instance in which the CONTRACTOR fails to comply with the vehicle cleanliness specifications of this CONTRACf, Uquidated damages may be assessed at the rau of fifty dollars ($50.00) per incident. Page 25 of 30 o ' . '" " .. ". Liquidated Damages for ADA Compliance For each instance in which the CONTRACTOR fails to comply with the ADA requirements of this CONfRACf, liquidated damages may be assessed at the rate of fifty dolJan ($50.00) per incident. Liquidated Damages for Safety Requirements Liquidated damages may be assessed at the rate of two hundred dollars ($200.00) per occumDCe for failure to report an accident involving a COUNTY owned vehicle or bus. AJI accidents, whether preventable or non-preventable. involving a COUNTY vehicle or bus, must be reponed to the COUNTY designee, immediately followed by a detailed written accident report within three (3) days. Reporting all passenger or vehicle accidents/incidents as listed under "Safety Requirements" (page 29) to COUNTY promptly within one (1) hour of occurrence and following up with required detailed written accident/incident report within three (3) days. Liquidated Damages for Reporting Requirements Liquidated damages in the amount of fifty dollars ($50.00) per da.y of delay in submitting completed required reports and documentation from the required deadline. COUNTY may not assess this damage if, in the COUNTY'S sole judgment, they are the result of events which are outside the control of the CONTRACTOR. Liquidated Damages for Customer Servh:e Liquidated damages may be assessed at the rare of fifty dolJars ($.50.00) per occutreDCe for any complaint ~orded with Customer Service in which: · the customer's comment! have not resulted in an initial verbal and/or written response. to complaint within three (3) worldng days from complaint receipt a completed investigation and follow-up response (telephone or written) has not been provided to the customer within seven (7) working days of the date from complaint receipt. Prior to assessment of liquidated damages, COUNTY will inform CONTRACI'OR of the assessment and receive any explanation from the CONTRACTOR. CONTRACfOR shaJI be required to provide a written andlor verbal. explanation for COUNTY. Upon receiving the explanation. COUNTY shall deteonine whether or not to assess liquidated damages. Uquidated damages shall be deducted from subsequent payment(s) due CONTRACTOR. Uquidated damages are neither a penally nor forfeiture; they shall compensate the COUNTY solely for the disruption of service caused by the breech of system standards. TURNOXER PROCEDURE Upon teminalionof this AGREEMENT. CONTRAC1'OR shall return all COUNTY-owned vehicles and equipment to COUNTY ready for use, with no doferred maintenance or damage. Page 26 of 30 8 " .. 16B5 ~ ~ ATTACHMENT 3 COST PROPOSAL AU amounts subject to nv:ision by County. ESTIMATED COST BREAKDOWN McDonald Trans" Associates S...d',t)n ..926:>Fbced:rour. re~enu~ ~(Jri,. Qj w.tJ.ratrsn.'t ..lVlce FY 2005- FY 20D6- FY 2007- 06 07 D8 TOTALS LABOR General Manacer 93282 97,521 102 018 292.822 SUDDcrt Staff Z17191 2.84,128 291 166 852,485 Operators 657 016 673319 692 662 2.022,997 Paratransit Suooort Staff 357.098 372 238 386 058 ',115.391 FRINGE BENEFITS FICA 77.704 79 626 81 812 239 143 Penelon Plans 30,472 31.226 32,083 93 781 Hosoital, Medical and Dental 162.,608 180 494 200,349 543 451 LIfe Insurance 6.275 6.275 6..275 18,824 Unemplovment Insurance 18.064 16.265 16494 48.822 Sic:k Leave 46.880 48.040 49,359 144279 Holidav 31.254 32.027 32,906 96 186 Other Paid Absence 0 0 0 0 Other (includina workers comD) 131 440 134 466 137 963 403 870 SERVICES Manaaement Service Fee 89 381 92.308 95.526 277 214 Advertlsina Fees 20.000 20.600 21,218 61 818 ProfessIonal and Technical ServIces 0 0 0 0 Safetv lncentive 3,400 3.350 3,350 10.100 Customer Service Incentive 0 0 0 0 Other 12419 12 753 13,097 38.270 MATERIALS AND SUPPLIES CONSUMED Fuel and Lubricants , , .250 11925 12.640 35,815 Tires and Tubes 0 0 0 0 Other Materia/$ and SUDDIIeS 8499 8682 8870 26,051 CASUAL TV AND LlABfUTY COSTS Premiums for Phvslcal Damaae lnauranoe 31,878 31,878 31,878 95 634 Premium for Public: Uablllty and General 0 LIability Insuranc:e 158 600 164 844 171 336 494 180 Ottler Insurance Premiums . 7,400 7.622 7,851 22.873 Page 27 of 30 .-' ., ,.. 08 , .. OR: 4397 PG: 3060 Item # 1685 September 23, Page 33 of 41 .. , . . FY 2006- FY200&- FY 2007- .. 06 07 08 TOTALS TAXES Federallnoome Tax 0 0 0 0 Other Taxes 0 0 0 0 PURCHASED TRANSPORTAnON SERVICES Contracted TransoortatlOn Services 2,302.708 2426.108 2,575,$23 7.304140 Other 0 0 0 0 MISCELLANEOUS EXPENSES Dues and Subscriotions 1,061 1093 1 126 3279 Travel and Mileaoe 2,122 2186 2,251 6559 Trainina 0 0 0 0 Comnuters and Related Eauinmlnt 0 0 0 0 RadlOi and Related Equipment 0 0 0 0 OffICe EauiDment Rental 0 0 0 0 Office FumitUre 0 0 0 0 Office SUDolies 4800 4,656 4,616 13,972 Postaoe 1.200 , 236 1273 3709 Other 14000 14,000 14000 42 000 SUBTOTALS 4,556,002 4 758,864 4,993 400 14.308,265 PROFIT 0 Calculated at 2.5% of subtotal (fixed route) 41,405 49,013 50,801 147,218 Caloulated at 2.5% 01 subtotal (oaratTansiO . 66 495 69,959 74,034 210 488 TOTALS 4,669 902 4,877 836 5118235 , 4 665.972 Page 28 of 30 6B5 . . OR: 4397 PG: 3061 Item # 1685 September 23, Page 34 of 41 .. ~~ 16B5 COSTING RATES FY 2005-06 FY 2006-07 FV 2007-08 TOTALS Monthl Administrative Fee Annual Administrative Fee Admlnlatratlve Fee. Mlrllmum Administrative F.. Per Paratransil rrj FIxed Route Cost Per Hour Rate $15.00 $15.00 $15.00 $27.50 $27.50 27.50 $28.50 + $28.50 + $28.50 + 1.50/mie $1.50lmile S1.50lmile Out of Area Base+ Base+ Base+ 1.50Jmile $1.50/mlle $1.501mile Annual Administrative Cost 539,760 $ 562 067 583,600 $1,685 427 Annual Fixed Route Cost $1 760.938 $1 8Ui 702 $5465917 Annual Paratranslt Cost $ 369203 $2 498 066 .649 358 $7,514 628 Total Costs $4869 902 14665972 T11la estimated coat proposells ba.ed on the .18 In the AFP. It does not constitute a fixed price bId. Page 29 of 30 OR: 4397 PG: 3062 - ~-.-_.-- -. Item # 1685 September 23, Page 35 of 41 ---~--------._. -- ------ ---- - , .. ,.' ~ ATl'ACHMENT4 RISK MANAGEMENT F-i ",~d R (llll,-' Contractor procures and is reimbursed for: Commercial Oeneral Liability Business Auto Liability Umbrella Liability Workers Compensation All Risk Fire and Extended Coverage Vehicle/Automobile Physical Damage F1delity Bonds Employment Practice Liability $5,000,000 $5,000.000 $10.000;000 in excess of 55,000,000 Stanltory Limi ts CiJIrent Value $10,000,000 . $50,000 $1.000';000 each occurrence ' I', \R. ,'ll{ \i\ ')rJ ContractOr inspects each subcontractor vehicle and d~cu.ments conditions, insuJ;3Jlce coverage, and latest inspection , Subcontractor procures .and, is compensated' through the trip. rale 'for; Automobile Liability '$1,000,000 l'UI ':'\ 1 ') \L\I\. n'N.\,'\( 1 County procures and charges to the transit fund: Garage keepers Liability Coverage $1.000,000 Page 30 of 30 1685 OR: 4397 PG: 3063 CERTIFICATE OF INSURANCE September 23, 2 8 Date of IssJi~l:J~~@f541 PRODUCER JOHN BURNHAM AND COMPANY SUITE 2400 This certlJlcate prarides lDf'onnation only, and confers no rights upon the certitlcate bolder. It does not cbaDge, amend,. extend, or alter the coverage afforded by the policies that are listed below. SAN DIEGO, CA 92101-2476 Contact: 750 B STREET INSURED COLLIER TRANSIT MANAGEMENT, INC. 2901 COUNTY BARN RD. UNIT #3 P.O. BOX 2910 NAPLES, FL 34112 COMPANY A Natlonallnlerstate Insurance Company 16B5 THIS CERTIFIES ntAT THE POLICIES OF INSURANCE THAT ARE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED POLICY PERIOD. THE INSURANCE PROVIDED BY THE POLICIES LISTED BELOW IS SUBJECT TO ALL OF THE TERMS, EXCLUSIONS, AND CONDmoNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NO REOOIREMENT, TERM, OR CONDIT10N OF ANY CONTRACT OR OlliER DOCUMENT wmt RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN SHALL EXTEND THE POLICY PERIOD OR CHANGE THE COVERAGE OR CONDmONS PROVIDED BY CC; TYPE OF INSURANCE POUCY POLICY lT Dnl ~. I 'UJTC: COMMERCIAL GENERAL UABILln GENERAL AG $5,000,000 A Occurrence Form GLR 0241723-04 01/1712005 01/1712006 PRODUCTS. COMPIOP AGG PERSONAL A ADV INJURY $5,000.000 $5 000 000 FIRE DAMAGE 1_ one ftrwl MED EXPENSE (1l/1Y 0'" plIl1IOn) AUTOMOBILE L1ABIUTY COMBINED SINGLE LIMIT $5,000,000 .AnyAulo CAR 0241723-04 01/1712005 01/1712006 A . All OWned Auto.lI BODILY INJURY (per perllOn) . Schedur.d Aub:NI BODILY INJURY (per scclllenl) . HIred AUlas . Noll-OWnecl AutOll PROPERTY DAMAGE AUTOMOBILE PHYSICAL DAMAGE II Coll18lon II Actu., Cuh V.I.... A . Olt18r TluIn Col18l0n CAR 0241723-04 01/1712005 01117/2006 .. St.l8d Amount I $5,ooqDeductibl.. Collision . Schedul8d V.hlcl_ OnlY I $5.00qDeductible . Other Then Collision EXCESS UABILlTY EACH OCCURRENCI': $5,000,000 A . Umbrella Form EXR 0241723-04 01/17/2005 01/17/2006 AGGREGATE: . Other than Umbrella Form SELF INSURE!) RETENTlON: WORKERS COMPENSATION . STATUTORY LIMITS AND EMPLOYERS' LIABILITY EACH ACCIDENT: DISEASE. POUCY LIMIT: DISEASE. EACH EMPLOYEE: OTHER Excess Liability EXR 1241723-00 01/1712005 01/1712006 5,000,000 x 10,000,000 A Description: CERTIFICATE HOLDER IS AN ADDlT10NAlINSURED PURSUANT TO THE TERMS AND CONDITIONS OF THE POLICY(IES) . REFERENCED ABOVE AND LOSS PAYEE AS RESPECTS SCHEDULED VEHICLES. EFFECTIVE 1/17104. CERTIFICATE HOLDER COlLIER COUNlY. FLORIDA BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMJ TRAIL, EAST NAPLES. FL 34112 CANCELLATION Should any of the policies Iisled above be canceled before the expiration dale, the company will endeavor to mail 30 days written noUce to the certificate holder named on the laft, but failure to mall such notice shall impose no obllgatton or liability upon the company, its agents or representatives. ~{, a s/4o AUTHORIZED REPRESENTATIVE OCT-a4-2I1l05 15:46 5LETT CRAloFtRD OR: 4397 PG: 3064 ~ Item # 1685 .'. September 23 008 Page 37 of 41 1 7Z? S30 ~ P'16 B 5 D Swett & Crawford 18167 U.S. Hwy 19 North Suite 330 Clcs:rwater, FL 33764 Phone: (127) 536-1006 FlllI;: (127) 530-9076 J, .... To: Nancy TagalODi 10hn Bumllam & Company 750 ''B'I SlIeet, Suile 2400 Dati!: October 4, 2005 From: Devenia BUrtOD San Diego, CA 92101-2476 AgeucyJ.l'ax: 61!l}..236-9134 Realil Prod.cer Fax: Agency I'lIolle: 619--231-1010 Retail Prodacer PbOlle: INSURANCE BINDER In accordance with your latest iD$tructious and in reliance upon the statements made il2 your application/submission, we have effected iD.sunmce as follows. As the representative oithe insured it ,;, incumbent upon you to review the terms of this binder carefully as the CO'\IlX'8&c. t<<ms and con<titions will often be diifc:rcDl tban thos., requested. Swett &: Crawford and its affiliated companies disclaim any respoJl8ibility for your failure to reoonclle the orI.ginalllUhr:oission with coverages bound hmin. INSURED: Mallin. Address: Collier 1iansit Management, Inc. 2901 County Barn Road, Unit #3 Nap1es.FL 34112 St Paul Surplus Lines lnsuranco Company 101011'2005 tm 10/01J2006 1010112005 to: 12/0]/2005 12:01 a.m. Standanl Time at themailingaddresaoftbeJusurcd.Thisbinderwill.be terminated and sup!lfsedcd upon deJive.ry offonnal po1ic)(Ies), catiticatl:(s). or cover note(s) issued to replace it. CommrroiaI Packagt; PoHcy SFOSS31 169 COlDpaIIY: Policy Period~ Binder Period: Coverage: PoJkly No.: PROPqTV Perils Iusured: Direct Physical Loss or Damage. excluding Flood and Earthquake Special Direct Physical Loss or Damage, excluding Wind, Hail, Flood and &rtbquakr:; Pcillution; Mold or Bacteria; Terrorism &; War Business Pc:nonal Property of the Insured Each Event S 50.000 BIt8inCS8 Persoua1 Property Loe #1 2901 County Barn Rd. Unit 3 Naples, FL 34112 Limits of Liability: ValulltioD: RepIacemmt Cost 90"/& Coinsul'8llce: Deductiblesl Total V=-lues: S $ 1,000 Bacb ~t, all covered perils, 50~OOO Total Insured Values Page 1 of 3 .. .. OCT-04-2005 15:46 OR: 4397 PG: 3065 Item # 1685 September 23, p~~e 38 of41 16B5 SWETT ~ 1 727 530 9076 Collier Transit Management" Ine. Policy No.: SF05S31169 PREMIUM Total PremiumlFees: Company Is: $ 1,020.00 Premium - Including $20.00 Terrorism Charge 35.00 Policy Fee 150.00 Jnspectlao. Fee 4.00 PL.EMPA'I'F 60.25 SulpIUJ Lfnea Tax 3.01 Sc:rvice Pee 1 ;1.72.26 Total Premium Annual Mininnun &. OcpoIit 2S% Minimum Earned at Iw::eption; 100% Mininmm Eamcd on Fees Non.Admitted TERMS AND CONDmQN~: Par Insurance Company Form includins but DOt l.lm:il:cd to: Cancellation ProvisIons: 30 Days Notice of Cancellation except 10 days for l1on-pa)'lDCllt ofpremium. No FLAT cancellation$. Absolutclyno exceptions. Otbcr ConditiOllS: PROPERTY: Mandatory Fonus and BndonIements. Including but not Limited to: Introduction (eJtcept Texas) 322J 0 or Introduction (Texas Only) 34797; What To Do JfYou Have A Loss 40814; Service of Lawsuit 5180; Propet\y Coverage SunDDIU')' 42563; Commarcla1 Property Policy Jacket Front 40220; Jacket Back 40200: General:Rules 800; Property CoveraiC Suaunary42563 (03..03); Mo1dorBactcria Exclusion WOO37: 2S Minimum Premium Eamed Endorsemt:Dl 8518; Minimum Percentage ofEamcd Premium Endo.rscmeIll @OO2q; Optional FOI111s and Endanemc:.nts, Including but nat Limited to PrOpert)' Protection. Special Cause of Loss w0017 42629 Windstonn and Hail Exclusion Protective Safeguards Endorsements 42507 ('l'blsft coverage is subject to opMIhlc CSA) Excludes: Windstorm; Hail; Flood; Earthquake; Seepage; PollutiQn; Mold or Bacteria; Tcnorism & War Forms applicable are subject 10 tho terms and conditions oflhc company's polic;)o('cs) or cc:rtificate(s) to follow, unless otberwise specitled: Page 2 of 3 ." t.., OR: 4397 Item # 1665 September 23 1 7'Zl 530 9lf76 p~&ge 39 of 41 16B5 OCT-04-200S 15:47 SI.ETT CRFlW~ Collier Transit MaDagement, IDe. Policy No.: SFOSS31169 Subject To: WE MUST HA VEFUtLY COMPLBT'BD APPUCATJONS WI11J SIGNATURES (THE INSURED'S AND YOU TBB AGENT MUST SIGN) WITHIN TEN (10) DAYS OFBFFBC1'IVE DATE. CARRIBR WILL SEND CANCELLATION NonCE IF TIllS IS NOTRECmVED. Ifbound, any discrepe.ncics rcvea1ecl can result in additional premium charges md may jeopardize t:OW'Z8ge. PLEASE BE ADVISED THE NAME INSURED ON YOUR APP IS EXACfLY HOW THE POUCY IS TYPED- Prom.ptly report all claims or incidents directly to the St. Paul Claim Center, t -800.787-2.851. which :Isavailable 24 houn a day. 7 daysa week Claims Notification: This biDder is issued wilh the authority of the iosurer(s) and is issued by the undc:tsigned wlZhout any liability whatsoever as an insurer. Please inspect this binder carefblly AS the coverages bound may dmate trom thollC reques~ in your original 8PJ)lication. SWett & Crawford By; (MlIric o. Amold) B.inder CanalUadon Provision: This binder is subject to the c:anccUIdon provisions as fot.1nd in the polley(ies) oc CClI'tificatc(s). In addllion, this bindel' may be CanGeUcd in aocordance with 1htl po1ic)(ics) provisions by the lDsured by sutr'l:ll1der memof to Swett & Crawford or any of its a\1thorizr:d agents or by mailing to Swett & Crawford written notice stating whCQ tbCRlilftcr the cancellation shall be cft'ccIjye. The insurance c:ffectcd tmdc:r tlUs binder can be C8I1celled by the JnIUn!l' or its authorized agent (sut.jec:t to .statutory regulations) by mailbtg, to tbe 1DsL1red at tho address stated on the face of this binder, written notice stating when sucb cancellation shall be etTcc:tivc. The maHin, of notice as aforCSllid shall be sufftcieot proof of notice. Delivery of such written Dotice either by the luIurcr or by Swett &: Crawford 5haJ] be equivalent to mailing. In the event of cancellation by the lDsared, !he eamed pn:mium would be subject to the minimum earned prc:mlum if applicable. Page 3 of 3 .... OR: 4397 PG: 3067 Item # 1685 September 23, T64ftS1 ------- 0, 1 7Z7 530 ge76 OCT-e4-2f2l0S 15:47 SI.ETT ~ ARROWIIEAJ)-GENERALlNSURANCE AGENCY OF FLORIDA, lNC. PROCESSINQ CENI'BR: AUOWHEAO CAT ASTROPIiB lUS1<. MANAOER.S 60SS WSl< BLVD., $AN Dll'!lJO, CA 92121 ~RCOMP""IolV Uliii E/l'QlIlw Debt: lOAlIJ2QO$ JndiclIlIaa NlIlI\bIr: 1123641 poUcyNu'llber. HtiOlll70'14 Commercial WIDd/Bd JDsuruce BiDder h1depondeDco Casualty llDd SIJrety Company A.M. BEST RATED A - ~eot). FiDancial Size Category IX ($2S0M-$SOOM) ACCOVNTINFORMATJON' N8l1K: Collier 'IT.lnsir J.IaIIa.BeIIIcIllno A.ddRSI: 4500 Merouu.IIa P'- Sre 307. City/Sta"': Pt. worth, TX Zip Ccxle: 76131 Total 11 of LocatlllllS: I TOliI.I # of Buildings: 1 J'ROOOC2R lNFOR1'4A TION NAlIMl: STIott Cnwfind P1I<B: (727)536-100(j Code: 560623 Agent Jeff cballE J3maIl: jdE.J The lemll om.nx1 below DlllY dlfIIlr ftom will! 1NI rcqUI:Il8d on )'OUI' app1il:ad<m. PI.- examine all1rmrll mod coudillolll can:fully befOl1l preeentlnll to your eJlenL It J. your responsibilll:Y tQ.~ all co_p i.- With your eliCIU priO'l1D blnd;n,. A aopy ofour polley fonm iII1d applicable mdOll'SC1MlltJ ~ .vaiJlIblo in the do_r tlontcr 01\ our webcilll, or you ft1lIY llOl\IlIIlt yolII' IUldctwrlter directly. Yau do not hove ,uthoriay 10 bind ~ III reqIIclIlllo bInd oovenp mast bel &Dbmltted tQ /I1lowllCld. C<M:np Is IlOl bolmc\ DotU ~II receiYc wrltwl confirmation fttIm tl5. LOCATION * I BVlLDING (I I Acldms: 2510 I CQ\II\try BUll Rd. (Jalt 3 De,cdpl~ tlus Terminal CllinIuraNl<< IOO~ Va/ualicm: RopllClCmcnt COIf Covwed Propercy LiIIIl1 of ~lIC' All QUill!" W'lIId1H.n Ded.dl. Hurdcme Dedllctible B.1ldiall Bollia.. Perso.:!l PnpDl1)l Boa__ II\C:Onse Moatldy l.llDlt of lIldemll1ty liIA o.:.Iio._ 01' Law N $0 S50,OOO SO $2~OO 5% s LOCA. TlON N 1 : l.oeIlCloll '1 CitylSu.reJZip: Naples, ~112 Cannee lallll'matioa Terrar\SI'tI Covtl'lge: N ApplkoatiOll of Oedul:l:ible: Cove....... Basis AddiIioll.IPropeny Co~; N ACCOUNT SUMMARy, Ptemfum Gr.nd ToraI IDspeetIon Fee Orand Total ComJl8llY PoUI;)' Fee Sulplu. IJ~ Policy Fee EMPAT Fee Surplus Linq TIX J'SLSO Service Fee PREMIUM J,ooO.oo 120.00 IUOO 35.00 4.00 64.00 3.20 PremlIlM and Fee.! Orand Taral J,3.51.20 [COMMENTS: 5'" :DPDUCIl8LI!S OPJ'ElUlD. .Xallh Hcnxlon 'I'Ile in5Ufllnce i$ Wiled pIIlJUIIlIt 10 the PlaridIl SurplUs Lina Law. l'ClIOJlC: u..w.c1 by S1aplus Lira Cmlc:rs do DOt bawlho protoet!OIl orlM Florldllln$utanClI a Act tQ the ox...... of any rigltr ofm:oygy for ,"" obli tion or.OI IOlol""nt unli~ inawcr. . .1 08 $2,500 S% *** OR: 4397 PG: 3068 *** 1..,- OCT-04-2005 15:47 Item # 1685 September 23, ~~e 41 of 41 1685 '';1 ',1 08 5I.eTT CR.FW=ORD 1 771 53l1l 90?6 .~ A roval Qf rbk illlll:licet to llllpeClloa. W. wllhot bollOr ClOYlZI'ICl' Ibr my riIk dlat 4oc:811Otmect lJnderwrltlnc Guideline!. Subject to . mioiiluun earned premium 0135%. Ifpolley is in EftIJct only cIIIring smrm --. miDlm\nn eamed pnm~ of'ilO% ~llllpJ)ly. F.. ...,1\dI,. ean.Jd.