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Backup Documents 02/13/2018 Item #16D 3 LIST & ORIGINAL AC ACCOMPANY ALL ORIGINAL�DOCUMENTOS SENT TOLIP 16 D3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 2/13/18 4. BCC Office Board of County Commissioners wiz/ L \4-6‘ 5. Minutes and Records Clerk of Court's Office I f t y:LbPri PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michelle Arnold/Transportation Contact Information 239-252-5 41 Contact/Department Agenda Date Item was February 13,2018 Agenda Item Number 16D3 Approved by the BCC Type of Document Amendment# 1 to Contract# 15-6424 Number of Original 2 Attached Management Services Contract for the Collier Documents Attached Area Transit(CAT)Fixed Route and Paratransit Program between MV Contract Transportation, Inc.to update Standard Operating Standards; Driver Hiring Requirements PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature MP OK N/A 2. Does the document need to be sent to another agency for a ditional signatys? If yes, "1d -- provide the Contact Information(Name;Agency;Address; an an attached sheet. 'c p � � \ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/13/2018 and all changes made during SRT the meeting have been incorporated in the attached document. The County s ;„ Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the x� « BCC,all changes directed by the BCC have been made,and the document is ready for the *V( e Chairman's signature. ***Please also send a cony (does not need to be certified) to Sandra Herrera at Purchasing. 1 6 D3 MV Transportation, Inc Brandi LaFoy Contracts Administrator brandi.lafoy@mvtransit.com 712-764-3754 February 13, 2018 Michelle Edwards Collier Co Public Transit Div 3299 Tamiami Trail East, Suite 103 Naples, FL 34112 Re: Amendment Dear Ms. Edwards, Enclosed please find two (2) signed originals of the Amendment to our Agreement. Please sign each original, retain one (1) for your records, scan a copy to brandi.lafoy@mvtransit.com and forward one (1) fully executed original to the address below. If you have any questions, please contact me at (712) 764-3754. Please note that the enclosed MV signature pages are to be held in escrow pending MV's receipt of your executed signature pages. Sincerely, IL Brandi LaFoy Contracts Administrator Enc. (2) Amendments 2024 COLLEGE STREET I ELK HORN, IA 51531 16D3 MEMORANDUM Date: February 15, 2018 To: Michelle Arnold, Director Public Transit and Neighborhood Enhancement From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Amendment #1 to Contract #15-6424 "Management Services for CAT Fixed Route and Paratransit Program" Attached, for your records, please find the second original as referenced above, (Item #16D3) adopted by the Board of County Commissioners on February 13, 2018. The Minutes and Record's Department will hold an original in the Official Records of the Board. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1 6 D 3 MEMORANDUM Date: February 15, 2018 To: Sandra Herrera, Procurement Manager Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Amendment #1 to Contract #15-6424 "Management Services for CAT Fixed Route and Paratransit Program" Attached is a copy of the document referenced above, (Agenda Item #16D3) approved by the Board of County Commissioners on Tuesday, February 13, 2018. The second original has been kept by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment Corn i cf Collier 1 6 D3 CLERK OF THE CRC IT COURT COLLIER COUNTOUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Broc Clerk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito CListodian of County Funds February 15, 2018 Brandi LaFoy, Contracts Administrator MV Transit 2024 College Street Elk Horn, IA 51531 Ms. LaFoy, Enclosed is a fully executed original Amendment to Contract #15-6424 — "Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program" for your records. Approved on February 13, 2018 by the Board of County Commissioners of Collier County. Any questions, please contact me at 239-252-8411. Thank you, ( -)`-L5-Ct eresa Cannon, BMR Sr. Clerk Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.coln 1603 AMENDMENT TO CONTRACT#15-6424 MANAGEMENT SERVICES CONTRACT FOR THE COLLIER AREA TRANSIT(CAT)FIXED ROUTE AND PARATRANSIT PROGRAM THIS AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 13th day of February 2018, by and between MV Contract Transportation, Inc., whose address is 5910 Central Expressway,Suite 1145, Dallas,Texas 75206(hereinafter referred to as the"Contractor"),and The Board of County Commissioners of Collier County, Florida,as the governing body of Collier County("County"). RECITALS: WHEREAS, the parties entered into an Agreement dated November 10, 2015 ("Agreement"), wherein the Contractor agreed to provide Transit System Service and Support to Collier County in accordance with the terms and conditions of Contract#15-6424 the Management Services Contract for the Collier Area Transit(CAT) Fixed Route and Paratransit Program;and WHEREAS,based upon lessons learned through the implementation of the Agreement the County and the Contractor agree that modifications to the Scope of Services, including but not limited to the Operating Standards, Hiring Requirements, Training, Performance Standards and Liquidated Damages provisions will promote the efficient operation of the transit system and is in the public interest; and WHEREAS, upon recommendation by the Public Services Department Head and after reasoned consideration by the Board of Commissioners, the Board finds that this Amendment enhances the County's transportation system and is in the public interest. NOW,THEREFORE,in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Contractor agree that the Agreement shall and hereby is amended and modified on the terms provided herein: Terms and Conditions 1. Recitals.The preceding recitals are true and correct and are incorporated into this Amendment by reference. 2. The following changes are being made to the below contract sections (deletions struckthrough, additions underscored). All other sections and subparts of Contract # 15-6424 not addressed below shall remain unchanged. Exhibit A-1 Scope of Service 2.2.1.1 CAP Operating Standards PINE has established the following operating standards to which the Contractor shall meet or exceed during Year one(1)of the Contract: A. Trips may be scheduled a#eei up to 5:00 p.m.for service the next day.Trips may be dispatched after 5 p.m.the day prior to service or on the day of service. 1 1603 B. Passengers are not given a set pick-up time. Instead they are told to be ready for their ride to arrive from between one to two hours before their appointment time. This window is dependent on the service area of the pick-up and drop-off points. The service areas are defined as the Naples Service Area, Golden Gate Estates Service Area, Marco Island Service Area and Immokalee Service Area. Trips within one service area have a one hour window. Trips between service areas have a two-hour window. The one to two hour windows are inclusive of travel time between pick-up and drop-off. PTNE reserves the right to modify the service area windows process and move to a "Negotiated Trip Procedure". When the procedure is used, passengers are given a specific pick-up time and will need to be ready at that time. The bus will have a 30-minutes pick-up window starting at the negotiated time to arrive for passenger pick-up. The Scheduling Contractor may negotiate special pick-up arrangements with the customer, in advance, as the situation dictates. These arrangements shall be documented and maintain on file to distinguish these trips from regularly scheduled trips for determining on-time performance. Medical appointments and employment must follow the 30 minutes early to zero minute's late policy. C. Three or more passengers dropped-off-and/or picked-up at the same location constitute a group trip. The Scheduling Contractor may negotiate special arrangements with the customer or agency, in advance, for a group trip. These special arrangements will be documented and evaluated separately for on-time performance. Every effort will be made to keep the ride times within the service window for these trips. D. The pick-up process for return trips is the same as the originating trip or may be negotiated between the passenger and the Contractor. Depending on the location, the window may be one to two hours. Expectations are that travel within a single service area will be within the one hour window and trips between service areas will have a two-hour window. E. PINE allows will-call trips,when patrons have missed their scheduled trips,and are placed on hold for the next available pick-up. An alternate pick-up solution must be offered within one- hour from the time that the will call request was made. When the alternate pick-up time is provided the pick-up time will fall under the negotiated trip procedure. F. PTNE has a "No Strand" policy.At no time shall a CAP patron be stranded away from home. Every attempt should be made to complete the trip. G. PINE has a zero tolerance of refusal to pay policy: If the passenger does not have the appropriate amount to pay their fare, transportation will not be provided. However, if the passenger refuses to pay for the return trip,the no strand policy will override.The passenger will not be eligible to reserve a future trip until payment of their fare has been fulfilled. H. PTNE only allows each trip to have one destination. Brief stops at locations before the scheduled destination will not be allowed. If multiple destinations are needed, each section of the trip must be scheduled separately and the rider must pay a fare for each ride. Children under the age of 12 or ilndividuals requiring special assistance must have a personal care attendant (PCA). The PCA must be an adult and must be able to provide necessary assistance to the passenger. J. All passengers under the age of 5 and fewer than 50 pounds will be required to use a child restraint device.This device must be provided by the parent or sponsoring agency. K. Passengers will be allowed to bring up to four shopping bags onto the vehicle. Bags must fit under the passenger's seat,and/or on their lap. 2 OCAO 1603 L. PTNE's no-show/late cancellation policy states that all scheduled trips must be canceled at least 2 hours prior to the scheduled trip in order to avoid being deemed a "No Show". Passengers are not responsible for "no-shows" due to sudden illness, family or personal emergency,transit connection or appointment delays,extreme weather conditions,operator error or other unforeseen reasons for which it's not possible to call to cancel or take the trip as scheduled. late Cancellations and/or No-Shows may result in suspension of service. The contractor must work with the customer service contractor to verify that a late cancellation or no-show charge is valid so as to not inaccurately assess a suspension to a patron. M. The Contractor shall operate in a manner to maintain on time performance of at least 4596%, On-time performance will be evaluated for all compicted drop o#s based on the percentage of trips completed late as defined by the trip timing preference as shown in the schedule adherence report. N. There shall be no more than 1.2 accidents per 100,000 miles. 0. There shall be no more than twe 0.50 passenger complaints per 1,000 passenger boardings miles. P. A minimum of 20% of trips shall be provided by non-County owned vehicles on a monthly basis. Q. A minimum 20%spare ratio shall be maintained for County owned vehicles. R. The Contractor shall perform all trip on the paratransit system and all stops and loops on the Fixed Route system. There shall be zero missed trips for paratransit, zero missed stops for fixed route, and zero missed loops for fixed route unless extenuating circumstances prevail. 3.5 Hiring Requirements The Contractor shall verify compliance with the following minimum requirements and submit documentation to PTNE,for all positions: • The Contractor shall conduct a thorough local,county, state and federal background check on all applicants/employees prior to employment offer and every 6 months after date of hire.The background check shall include a comprehensive out of state review. This shall be done to ensure that applicants and personnel do not have a criminal conviction that would make the person a threat to passenger safety or threaten the loss of CAT/CAP property. A conviction record will not necessarily prohibit employment; factors such as the date of the offense, seriousness and nature of the violation, and rehabilitation will be taken into consideration. No employees shall have any felony criminal convictions. No employees shall have a Driving While Intoxicated or Driving under the Influence(DWI/DUI)convictions on their record within the past 10 years.All criminal convictions will be reviewed on a case-by-case basis by the Contractor and PTNE's Transit Manager prior to a candidate's hire. PTNE shall participate only in reviewing candidate's histories.The Contractor shall be solely responsibility for all hiring decisions. • All employees shall be cleared to receive a Collier County identification badge. This includes completing a Collier County administered background check at the sole expense of the contractor. All criminal convictions will be reviewed on a case-by-case basis by the Contractor and PTNE's project manager prior to a candidate's hire. PTNE shall participate only in reviewing candidate's histories.The Contractor shall be solely responsible for all hiring decisions. 3 1603 • The Contractor shall conduct a check of the motor vehicle records (MVR) of an applicant's driving history.The applicant must not have more than one traffic citation for a moving violation in the past two(2)years.The Contractor shall update the MVR review every six(6)months after hire. • All applicants must possess a High School Diploma or General Equivalency Diploma (GED). • Each Fixed Route driver must possess and maintain a Commercial Driver's License with the proper endorsements, proper class and weight requirements for the vehicles used on the system. Each driver must be licensed for a minimum of three(3)years. Each Paratransit driver must possess and maintain a valid Florida driver's license and any required endorsement to drive consistent with the State requirements for the vehicle type (number of passengers) and weigh specifications. • All safety sensitive applicants and employees must pass the mandatory DOT physical (at the time of hire and subsequently, as required), drug and alcohol testing and background investigation.Applicants who were previously terminated by any previous employer for drug or alcohol use shall not be eligible for hire. 4.0 TRAINING 4.1 General Requirements The Contractor shall be responsible for all training and shall ensure that all personnel understand and use safe and efficient driving and passenger assistance practices while performing any and all CAT or CAP Services. Each driver trainee shall be trained to safely operate each vehicle type included within this Contract prior to its operation. Ali personnel shall be monitored by the Contractor to ensure Contract performance and the Contractor shall schedule refresher courses as needed. PINE reserves the right to review and approve all training, materials and course work prior to Contract commencement and throughout the term of the Contract. PTNE also reserves the right to participate in any safety and/or training activity.The Contractor shall provide its Training Program for PTNE's approval.The Contractor shall prepare and distribute to all employees a Driver's Manual. Contents of the Driver's Manual shall include the following subject areas: driver's rules; accident/incident policies; radio policies 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. The Contractor shall have a separate training program for the Paratransit operators at a minimum of 114 hours and the Fixed Route operators at a minimum of 167 hours. The Training program shall meet or exceed FTA and FDOT requirements, and shall include: • Safety&Security , including: o Safe vehicle operation Defensive Driver Training per the National Safety Council standards or an equivalent course approved by Collier County o Vehicle breakdown,post-accident procedures,passenger incidents,adverse weather and other emergency/safety procedures including emergency vehicle evacuation. o Accident prevention o Hazard recognition • Customer Service minimum 21 hours, including: 4 CAO 1603 o Customer Relations Course.The purpose of the course is to help provide employees with customer service skills and reinforce that these employees are the first point of contact with the public and that interaction must be professional and pleasant for the public. o Role of Transit Operation o Customer Basics o Communications o Difficult Situations o Customers with Disabilities&ADA requirements o Sensitivity training to develop skills and increase understanding of people with disabilities, all sexual orientations,diverse cultures, races and ages. • Collier Area Transit Specific ,including: o Local Policies and Procedures o Fare Policies o Documentation& Paperwork o Reporting for Duty o Appearance o Code of Conduct o Employee/Operator Handbook o Policy instruction, such as trip scheduling, service hours, service area, complaint procedures,wait time,fare structure,transfer locations,ADA operation,etc. o Knowledge of service area,map reading,address locating and familiarity with streets and landmarks. o Sexual Harassment • Regulatory , including: o Drug&Alcohol Program Training o Commercial Driver's License Training o Occupation Safety and Health Administration (OSHA)Training o Americans with Disabilities Act Training o Rule 14-90 • Technical Operator Skills(on bus training time) , including: o Vehicle Familiarization o Pre/Post Trip Inspections o Seat Positioning/Mirrors o Vehicle Start-Up Procedures o Steering/Maneuvering o Lift/Ramp Deployment o Signaling o Braking o Routine Procedures o Service/Stops/Transfer Facilities o Driving Conditions/Adverse Weather o Vehicle and equipment operations, including proper two-way radio protocol,wheelchair and scooter securement, ramp operations, and operation of any automated devices installed in the vehicle. • Route/Line Training(on the job training) , including: 5 CAC 1bD3 o System and Route Familiarization o Line Instructor Training and Observation o On the Job Training • Passenger Assistance Technique (PAT) minimum 4 hours. This training must satisfy the paratransit service Passenger Assistance Training/Sensitivity Requirement of Rule 14-90. Training shall include elderly and disability sensitivity components, passenger relations and assistance, passenger handling, securement of wheelchairs, use of seatbelts, assistance to the visually impaired and dealing with service animals. • Adult and juvenile Cardiopulmonary Resuscitation training including general first aid, proper response to emergency medical needs of riders and hazardous waste disposal procedures. The Contractor shall test each driver trainee at the end of the training to determine competency, and shall monitor performance throughout employment to ensure each driver follows all procedures introduced in training. APPENDIX 1 PERFORMANCE STANDARDS In order to ensure a high standard of performance,services provided by the Contractor are to be operated in a manner that maximizes productivity without negatively impacting service quality for CAT & CAP patrons. To assure quality and a high level of customer satisfaction, all performance standards shall be reviewed on an on-going basis and are subject to change as CAT& CAP's needs change. If performance standards set forth below are changed by PTNE, the Contractor's performance standards will be immediately changed to meet the new performance standards, upon notice by PINE to the Contractor. PTNE will review each performance factor and reward high achievement(incentives)or make deductions for substandard performance (disincentives). Generally, performance standards reviews will occur monthly. - - . • - e . _ -• "_ . - . _ - _ - - .- _- 30). Cash payments or deductions shall be calculated on the Net Contract Amount Paid to the Contractor for Service Operated for the corresponding review period. •• -• ' , • . . •• -• . - ,. .-- - _ - - _ - - - - - - - ..o. -- _ _ ' . The following performance standards establish a range of performance that provides quality service delivery to CAT patrons.The Contractor shall attain the following performance standards: 1.0 Accidents per 100,000 Revenue Miles are defined as a transit incident resulting in a fatality or passenger injuring requiring medical transport or involve a non-arson fire and/or a collision between a revenue vehicle and an object such that the amount of all damage exceeds $1,000. As the PINE definition changes, so will the contract definition. The following outlines the incentives or disincentives for Accidents per 1000,000 Revenue Miles performance range: Accidents/100,000 Revenue Performance Incentive/ Miles Indicators <Disincentive> 6 16D3 15%above Goal 1.02 0.80 or less $1,000 10%above Goal 1.01-1.08 0.81-0.85 $500 5%above Goal 1.09 1.11 0.86-0.89 $250 PINE Goal-FILL�„,;OAL 0.90 1.15 1.25 0.90-0.94 None Up to 5%below Goal 1.26-1.310.95-0.98 <-$250> Up to 10%below Goal 1.32 1.32 0.99-1.13 <-$500> 11%below Goal 1.33 1.14 and above <-$1,000> 2.0 Total # of passenger trips per revenue vehicle hour. The following outlines the incentives or disincentives for total#of passenger trips per revenue vehicle hour systemwide: Total Passenger trips per Performance Incentive/ revenue vehicle hour Indicators <Disincentive> 15%above Goal 19.55 14.95 and above $1,000 10%above Goal 18.7 19.51 14.3- 14.94 $500 5%above Goal 17.85 18.6 13.95- 14.29 $250 PINE Goal-X813.0 16.16 17.84 13.00-13.64 None Up to 5%below Goal 15.4 16.15 12.35- 12.99 <-$250> Up to 10%below Goal 15.14 15.3 11.70- 12.34 <-$500> 11%below Goal 15.13 11.05 or below <-$1,000> 3.0 On-time Performance is defined as the percentage of time that the vehicle departs no earlier than and no more than 5 minutes after the published departure times as shown in the AVAIL schedule adherence report. Incentives and disincentive shall be assessed per route.The following outlines the incentives and disincentive for on-time performance per route: On-Time Performance Performance Incentive/ Per Route Indicators <Disincentive> 3%above Goal Above 97.85 92.1% $1,000 2%above Goal 96.9 97.81 89.1-92.0% $500 1%above Goal 95,99-96,8 87.1-89.0% $250 PINE Goal-3.5 87% 94.06 95.91 85-87% None Up to 1%below Goal 93.2-91.05 83.0-84.9% <-$250> Up to 2%below Goal 92.16-93.1 81.0-82.9% <-$500> 3%below Goal 02.15 83.0%or below <-$1,000> 4.0 Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report.The response categories are very poor(1),poor(2),fair(3),good(4)and very good(5). The following outlines the incentives and disincentive for customer satisfaction: Semi-Annual Customer Performance incentive/ Satisfaction Indicators <Disincentive> 15%above Goal Above 4.6 $1,000 10%above Goal 4.4-4.5 $500 5%above Goal 4.2-4.3 $250 PTNE Goal-44 4.0 3.9-4.1 None 7 • e 1603 Up to 5%below Goal 3.7-3.8 <-$250> Up to 10%below Goal 3.57-3.6 <-$500> 11%below Goal 3.56 or below <-$1,000> The following performance standards establish a range of performance that provides quality service delivery to CAP patrons.The Contractor shall attain the following performance standards: 5.0 Accidents per 100,000 Revenue Mlles are defined as a transit incident resulting in a fatality or passenger injuring requiring medical transport or involve a non-arson fire and/or a collision between a revenue vehicle and an object such that the amount of all damage exceeds $1,000. As the PINE definition changes, so will the contract definition. The following outlines the incentives or disincentives for Accidents per 100,000 Revenue Miles performance range: Accidents/100,000 Performance Incentive/ Revenue Miles Indicators <Disincentive> 15%above Goal 1.02 or less $1,000 10%above Goal 1.01-1.08 $500 5%above Goal 1.09-1.14 $250 PTNE Goal-1.2 1.15-1.25 None Up to 5%below Goal 1.26-1.31 <-$250> Up to 10%below Goal 1.32-1.33 <-$500> 11%below Goal 1.33 and above <-$1,000> 6.0 Total # of passenger complaints per 1,000 Passenger Boarding revenue miles are defined as complaints including but are not limited to discourtesy,rudeness,eating,drinking,improperly secured patron, improperly operated lift, unscheduled stops, pass ups,getting lost and/or any other negative behavior as reported to PTNE.The following outlines the incentives or disincentives for#of passenger complaints per 1,000 passenger boarding:evenue-n+i;es: Passenger Complaints Performance Incentive/ per 1,000 a Passenger Indicators <Disincentive> Boarding 15%above Goal 170.43 or less $1,000 10%above Goal 1.17 1.8 0.45-0.47 $500 5%above Goal 1.8 1.9 0.48-0.49 $250 PTNEGoal-2:80_5 4,91-270 0.50-0.52 None Up to 5%below Goal 2.1 2.19 0.53-0.54 <-$250> Up to 10%below Goal 2.2 2.21 0.55-0.62 <-$500> 11%below Goal 22 0.63 and above <-$1,000> 7.0 On-time Performance is defined as the percentage of trip tim�,., ,e completed late as defined by the trip timing preference : :: - •_ • _ - •.- e •-.• . - . - - as shown in the schedule adherence report.The following outlines the incentives and disincentive for on-time performance: On-Time Performance Performance Incentive/ Per Route Indicators <Disincentive> 3%above Goal Above 97.85 98.5% $1,000 8 16133 2%above Goal 96.9 97.84 97.1-98.4% $500 1%above Goal 95.95 96.8 96.1-97.9% $250 PTNE Goal-Q5 96% 94.06 95.9/1 94-96% None Up to 1%below Goal 93.2-91.05 92.0-93.9% <-$250> Up to 2%below Goal 92.16 93.1 89.0-91.9% <-$500> 3%below Goal 92.15 88.9%or below <-$1,000> 8.0 Customer Satisfaction is defined as the overall passenger rating based on a semi-annual customer service report.The response categories are very poor(1),poor(2),fair(3),good(4)and very good(5). The following outlines the incentives and disincentive for customer satisfaction: Semi-Annual Customer Performance Incentive/ Satisfaction Indicators <Disincentive> 15%above Goal Above 4.6 $1,000 10%above Goal 4.4-4.5 $500 5%above Goal 4.2-4.3 $250 PINE Goal-4.0 3.9-4.1 None Up to 5%below Goal 3.7-3.8 <-$250> Up to 10%below Goal 3.57-3.6 <-$500> 11%below Goal 3.56 or above <-$1,000> APPENDIX 2 LIQUIDATED DAMAGES Liquidated damages will be assessed for Contractor deficiencies specified herein.Liquidated Damages are not punitive but intended to recover Collier County's cost for the Contractor's deficiencies,lost service or additional work by PTNE for service delivery to the patron. PTNE will consider extenuating circumstances in assessing damages.The Contractor has the ability to control liquidated damages through well trained drivers, re-fresher training, and effective communications with staff. Liquidated damages shall be deducted from any monies due, or which may thereafter become due, to the Contractor under this Contract. Liquidated damages will not be assessed for the above described occurrences arising from causes beyond the control of Contractor as determined by PTNE. In the event the Contractor fails to comply with the following standards, PINE shall assess liquidated damages as follows: Requirements Liquidated Damage Amount Contractor must submit complete and accurate reports by the PINE $100.00 for each calendar day late for the established due dates, monthly and/or quarterly reports. $500.00 for each calendar day late after the pre-established date for the yearly report. The Contractor shall notify PINE of every accident or incident immediately, $100.00 for each hour beyond the initial but no more than two hours after the occurrence. The Contractor shall 2-hour window for notification. submit information accurately and complete. 9 1603 The Contractor shall provide written documentation for any vehicle $250.00 for each calendar day late after accident or incident. The County shall receive written copies of incident the pre-established timeframe for a and accident reports within 24 hours of occurrence.The Contractor shall report and full report inclusive of photos. provide a full report inclusive of photos and police report within seven calendar days of the accident/incident.The Contractor shall submit reports accurately and complete. The Contractor shall be required to develop and administer EEO,Title VI,& Liquidated damages shall be assessed on Drug and Alcohol policies and programs consistent with Federal, State& a daily basis from the date of the written Local requirements. notice until either PTNE or FTA deems compliance has been met and issues a written notification. First violation $500 daily Second violation $1,000 daily Third violation $1,500 daily Fourth violation $2,000 daily All drivers are required to collect fares from patrons. $10.00 per uncollected fare,in addition to the amount of the uncollected fares being deducted from the invoice request. The Contractor shall remove all farebox receipts from revenue vehicles $250 per occurrence of farebox receipts daily and secure funds in the vault room. not being secured In the vault room on a daily basis. Drivers are required to escort ADA passengers to and from the door. Failure to escort an ADA passenger will result in an assessment of $100 per incident. The contractor shall perform the Fixed Route and Paratransit Services on- Excessively late Fixed Route trips will be time and are incentivized when Performance measures are exceeded and assessed $50 per loop for any late time dis-incentivized when stated performance measure aren't met. On-time point that is late 10 minutes or more.Fixed performance is an important element to an efficient transit system and will Route trips that depart a time point early affect ridership if not managed. will be assessed$100 per occurrence. Excessively late Paratransit trip will be assessed $50 per trip if the trip time is 15 minutes or more passed the timing preference criteria. Drivers are required to record arrival and departure of all trips accurately. Falsely recording of Arrive/Perform will result in$50 assessment per incident. Drivers are required to perform all trips on Paratransit and complete the Missed Trips full route on the Fixed Route system. Unperformed trips or an incomplete a. Paratransit-$50 per incident route are considered"missed trips", b. Fixed Route-$100 per stop On the Paratransit system,a missed trip is as a failure of the vehicle to show c, Fixed Route-$500 per loop up for a scheduled trip and consequently the passenger is not transported or elects not to take the trip. A trip where the passenger cancels the scheduled trip at least 2 hours prior to the scheduled trip, within the cancellation policy is not considered a missed trip. On the Fixed Route system,a missed stop is when the bus does not stop at a specific stop when a passenger is present or never does arrive at the stop. A missed loop is when a bus does not start a loop on time by more than 15 minutes late. A missed loop can be prorated in 25%increments. A Closed Run is when a driver is not available to perform scheduled trips Closed runs due to the unavailability of assigned to a run causing the trips to go in unscheduled status. drivers will result in a $250 assessment per run closed. Drivers are expected to conduct themselves in a professional, safe and $25.00 per day per occurrence for Driver- courteous manner at all times. Driver Infractions include, but are not related infractions as documented or limited to: reported to PTNE. 10 1603 a. Employees not in complete proper uniform,while in Revenue Service; b. Driver(s)and/or any other passenger(s)smoking while in the Vehicle at any time; c. Driver(s)who display unprofessionalism over the radio with any personnel: d. Driver(s)who display unprofessionalism to PINE clients and/or other personnel; e. Driver(s)who fail to properly log in; f. Driver(s)who get lost; g. Driver(s)with Lost or Expired Collier County Identification Badges h. Driver(s)leaving vehicle with patrons unattended. I. Driver(s)leaving vehicles unsecured. j. Employees who engage in the purchase or consumption of alcohol,drugs or tobacco products while in full or partial uniform. The Contractor is expected to care for all County provided equipment and $50.00 plus the cost of repair if establish policies and procedures to ensure that equipment is not Communication Equipment is found tampered with,abused or neglected. tampered with,abused and/or neglected as identified by PINE Staff and/or PTNE's repair Contractor. The Contractor is required to maintain all required vehicles in accordance $50.00 per day per vehicle per occurrence with terms and conditions of this Contract. Vehicles found to be non- for non-compliant vehicle(s). compliant by PINE or designee after a vehicle inspection,safety or vehicle audit,will be removed from service. Examples of non-compliance include,but are not limited to: a. Vehicle(s)in-service not properly logged into the Radio,MDT or any other required systems; b. Vehicle(s)in-service that are not clean,exterior or interior; c. Vehicle(s)in-service with damaged seats or damaged interiors; d. Vehicle(s)in-service with leaky interiors due to A/C Condensation or any other fluid(s); e. Vehicle(s)with accident damage or body damage; f. Vehicle(s)with graffiti or damages in the driver's area as a result of driver misuse or abuse; g. Vehicle(s)with inoperable Radios or MOT's; h. Vehicle(s)with inoperative interior and/or exterior lights; i. Vehicle(s)with lack of current PINE-issued publications; j. Vehicie(s)with sub-standard climate control The Contractor is expected to submit accurate,complete reports within the $50.00 per day per occurrence for PTNE established timeframes. Infractions may include failure to submit Reporting Infractions. reports by established dates, submission of inaccurate or incomplete reports,or maintaining proper records. Examples of reporting infractions include,but are not limited to; a. Failure to maintain current records for training documentation, in personnel files for all personnel.At a minimum,this includes o Drivers'License records o Defensive Driving records o Motor Vehicle records o Background records o Customer Comments and/or other Incident reports b. Failure to conduct and properly document mandatory ride checks. 11 1603 c. Failure to maintain and submit any requested reports as required and/or requested. d. Failure to submit complete and accurate driver manifests. The Contractor shall faithfully adhere to all standard MVR, background $1,000.00 per incident discovered where screening reviews and driver licensing and registration requirements. the Contractor failed to adhere to all review requirements. The Contractor is expected to operate the systems in a safe and efficient $100.00 per occurrence for "Safety manner.A Safety Infraction is an action in which the safety of the patron, Infractions" as documented or reported the driver,the vehicle,other people,other vehicles to,PINE. and/or property is jeopardized.Safety infractions include,but are not limited to: a. Consumption of food while operating a Vehicle; b. Contractor's personnel who fail to properly complete any and all accident/incident reports regarding CAT or CAP passengers and/or Collier County property Including an incomplete D&A decision tree; c. Driver(s) or Street Supervisor(s) not in possession of a valid Florida Driver's License and a Department of Transportation (DOT)medical card,while in Revenue Service; d. Driver(s) who fail to properly notify the Dispatch Office of incidents/accidents/emergency services involving passengers, property and/or Collier County property; e. Failure to conduct pre-trip inspection, including cycling of the wheelchair ramp or lift; 1. Failure to make initial contact and maintain contact with Dispatch Office; g. Failure to properly tie down a wheelchair correctly or call out required ADA stops as observed by PINE staff and/or PINE representatives(including video playback); h. Improper use of the Radio and/or MDT equipment; i. Lack or improper use of Seat Belts for all occupants in the Vehicle; j. Operation of a revenue service with non-trained personnel; k. Operation of a Vehicle while texting; I. Operation of a Vehicle with a cell phone,cell phone ear piece or ear cord; m. Reckless driving; n. Running Red Lights; o. Speeding PINE requires full staffing by the Contractor. 25%of the salary for the time that a key personnel position is vacant for over 14 days. $100.00 per day per vacancies in Supervisory Personnel. All required supervisory positions (starters, street supervisors, service supervisor, and safety personnel) must be covered each day in case of turnover,sickness,vacation or other absences with a qualified replacement. $100.00 per day for any non PINE- approved personnel operating a route without PTNE's prior written approval. 12 1 6 D 3 County vehicles are to be used for approved purposes only. $500 for any occurrence of Contractor using Collier County vehicles for other than an explicit PTNE approved purpose. The Contractor shall encourage its drivers to exercise means to prevent $100.00 per incident after a driver's instances of avoidable repeat damage/harm to vehicles. second such avoidable instance of like damage. The Contractor shall perform a minimum of 20%scheduled trips on non- $5,000 per month of less than 20% of County-owned vehicles. (This percentage may be revised on an annual total paratranslt trips performed by non- basis). County owned vehicles. The Contractor shall be responsible for securing all facilities each evening. $1,000 per door or gate that is left unsecured in the evening. The Contractor shall be responsible to remove radio programming from $500 per day beyond 15 days of no non-County-owned vehicles within 15 days of no longer being used for documentation being provided. County paratransit trips.Documentation must be provided to the County from a radio vendor that this has occurred. Failure to properly process"Lost and Found" recovered items in a timely $100 per item not properly documented manner and/or failure to implement the lost and found process in a proper or each instance where the County manner, policies and procedures are not followed. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 13 1603 IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Amendment on the date and year first written above. ATTEST: Dwight E. Brock,Clerk of Courts BOARD OF CO COMMISSIONER COLLIER Ce TY, , •RIDA BY: A V' \ ,Chairman Dated: (SEAL) Attest asti Chairman's sionAtirrh Contractor's Witnesses: MV Contract Transportation, Inc, N By: / 2 '\AAktiv Signature 1 Li First Witness Yfl Gary Richardson,Co-Interim CFO)ttr,P tit P tType/print signature and titlet tType/print witness namet UMCU CS) Second Witness Nano R. Ri tType/print witness namet A* «roved as ,4; For .git Leg ty: 1 Scsn Teach,Deputy County Attorney item# __ Agenda 0,11 Date 14 Date c21 ILO (t) Recd •-• t , Deputy Clerk