Agenda 09/22/2015 Item #11B 9/22/2015 11 .B.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Contract# 10-5455 "Management Contract for the
Collier County Area Transit (CAT) Fixed Route and Paratransit Program" with Keolis Transit
America, Inc. extending the term of the contract up to one hundred and eighty (180) days (October
1,2015 through March 25, 2016) and authorize the Chairman to sign the County Attorney reviewed
amendment.
OBJECTIVE: To provide uninterrupted services for the transit system through the completion of the
procurement process for a new contract for operation of both the fixed route and paratransit systems.
CONSIDERATION: The daily operation of the CAT fixed route and paratransit bus services have been
provided to the County by Keolis Transit America for the past five years. The current contract will expire
at the end of this month.
In anticipation of the end of that contract, the Public Transit and Neighborhood Enhancement Division
sought to procure future services through Request for Proposal #15-6424, "Management Services
Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program," which the
Procurement Services Division issued on April 27, 2015.
Staff placed an award recommendation for a successor contract on the September 8, 2015 agenda. Prior to
the Board meeting, Procurement Services received a notice of intent to protest, prompting staff to
withdraw the item to allow the Procurement Services Director to review and issue a decision on the
protest. The protest of the pending award is presently under review and as a result,the current agreement
needs to be extended in order to ensure continuous transportation service to the public.
The current contractor and staff have reached agreement on an amendment to the current contract that
allows for an extension of time subject to the following conditions:
1. Increasing the fixed revenue hourly rate to $53.55 and the per trip paratransit rate; to $27.10, an
increase of 5%over the current rate.
2. Creating an extension period of not less than six months and removing the termination for
convenience provision;
3. Modifying Section 10 to hold the assessment of liquidated damages in abeyance until the end of
the agreement period;
4. Adding a not to exceed allowance of$30,000 for actual re-start up and close out costs incurred
FISCAL IMPACT: The estimated contract amount for FY15/16 for this extension covering the first six
months is $3,155,150. Funding for the contracts is budgeted in Transit Funds 426 and 427 and Transit
Grant Funds 424, 425, 428 and 429. The contract is supported by several sources of federal and state
funding sources which includes, Federal Transit Administration (FTA) 5307 Grants recurring ADA funds
($288,800). Florida Department of Transportation State Block Grant funds ($896,635), Trip&Equipment
Grant funds ($781,700). FTA Section 5311 Rural Area Grant funds ($419.100). Service Development
Grant funds ($183,300). The balance, after all grant funding is exhausted. is subsidized with combined
local funding from Gas Tax Fund (313)for Fixed Route and General Fund(001)for Paratransit.
The FY16 tentative budget was prepared using as estimate for fixed route and paratransit services
Packet Page -98-
9/22/2015 11 .B.
knowing that services were out for bid and was sized at $3,035,850 for the first six months. It was
planned that reserves from fixed route transit fund (426) and paratransit (427) would be necessary to
augment FY 2016 appropriations. The current impact on reserves will be $83,700 and $35,600,
respectively. Budget amendments are necessary in FY16 to appropriate a total of $119,300. The
remaining combined reserve balance of$613,100 is anticipated to sufficiently fund these services through
the balance of FY16.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of
the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve an amendment to Contract
# 10-5455 "Management Contract for the Collier County Area Transit(CAT)Fixed Route and Paratransit
Program" with Keolis Transit America, Inc., extending the term of the contract up to one hundred and
eighty (180) days (October 1, 2015 through March 25, 2016) and authorize the Chairman to execute the
attached proposed contract amendment.
Prepared by: Michelle Arnold,Public Transit&Neighborhood Enhancement Division Director
Attachments: 1)Exhibit A-1 Contract Amendment# 1 Contract 10-5455
2)"10-5455–Tectrans due to the size of this contract which is 7.03 MB and 126 pages
long, it is accessible at:
http://www.collieraov.net/ftp/A aendaSept2215/PubServices/Contract%2310-
5455Tectrans.pdf."
3) Assumption Agreement with Keolis
Packet Page -99-
9/22/2015 11 .B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.B.
Item Summary: Recommendation to approve an amendment to Contract# 10-5455
"Management Contract for the Collier County Area Transit (CAT) Fixed Route and Paratransit
Program" with Keolis Transit America, Inc. extending the term of the contract up to one
hundred and eighty (180) days (October 1, 2015 through March 25, 2016) and authorize the
Chairman to sign the County Attorney reviewed amendment. (Michelle Arnold, Director Public
Transit & Neighborhood Enhancement Division)
Meeting Date: 9/22/2015
Prepared By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
9/11/2015 12:54:33 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 9/14/2015 9:39:36 AM
Name: ArnoldMichelle
Title: Division Director-Pub Tran &Nbrhd Enh, Public Services Department
Date: 9/14/2015 9:42:58 AM
Name: HerreraSandra
Title: Manager-Procurement, Administrative Services Department
Date: 9/14/2015 10:45:22 AM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services, Administrative Services Department
Date: 9/14/2015 11:56:59 AM
Name: WilliamsCorine
Title: Manager-Public Transit, Public Services Department
Date: 9/14/2015 12:04:11 PM
Packet Page -100-
9/22/2015 11 .B.
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/14/2015 1:05:54 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/14/2015 1:11:05 PM
Name: CarnellSteve
Title: Department Head -Public Services, Public Services Department
Date: 9/14/2015 7:1 2:04 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/15/2015 1:08:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/15/2015 1:25:32 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc. Office of Management&Budget
Date: 9/16/2015 8:44:00 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/16/2015 11:41:19 AM
Packet Page-101-
9/22/2015 11 .B.
EXHIBIT A-1 Contract Amendment# 1 to Contract#10-5455
"Management Contract for the Collier County Area Transit(CAT)Fixed Route and Paratransit Program"
FTA Grant Funded
This amendment, dated September 22, 2015 to the referenced agreement shall be by and between the
parties to the original Agreement, Keolis Transit America, Inc. (to be referred to as "Contractor") and
Collier County, Florida,(to be referred to as"Owner').
Statement of Understanding
RE: Contract# 10-5455 Management Contract for the Collier County Area Transit(CAT)Fixed
Route and Paratransit Program
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the Contract by extending the term of the contract up to one hundred and
eighty (180) days (October 1, 2015 through March 25, 2016). The County reserves the right to extend
this contract under the same terms and conditions herewith, upon approval by the Board of County
Commissioners.
The parties have futher agreed to modify Section 4 Termination, Section 10 Liquidated Damages, and to
provide for an increase in the fixed revenue hourly rate and per trip paratransit services charge, allow for
an allocation of actual costs for start-up and close-out (for an amount not-to-exceed $30,000) with a
requirement for Contractor to provide written documentation for the actual costs incurred, pursuant to
Exhibit A-1-A attached hereto and made an integral part of this Amendment.
All other terms and conditions of the agreement shall remain in force.
[The rest of this page intentionally left blank.]
Packet Page -102-
9/22/2015 11 .B.
IN WITNESS WHEREOF,the parties have each,respectively, by an authorized person or agent, have
executed this Amendment on the date(s)indicated below.
Accepted: September 22,2015
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
By:
Deputy Clerk TIM NANCE,CHAIRMAN
Contractor's First Witness CONTRACTOR:
Keolis Transit America,Inc.
By:
By:
Print Name
Print Name and Title
Contractor's Second Witness
By:
Print Name
Approved as to Form and Legality:
Scott R. Teach,
Deputy County Attorney
Packet Page -103-
9/22/2015 11 .B.
EXHIBIT A-1-A
Contract Amendment# 1 to Contract# 10-5455
Change Section 4. Termination:
4. TERMINATION. The Contractor shall report to and be responsive to the Collier County
Alternative Transportation Modes (ATM) Director and/or designee. The ATM Director and/or designee
will be responsible for evaluating the Contractor's performance. Should the Contractor be found to have
failed to perform his services in a manner satisfactory to the County, the County may terminate this
Agreement immediately for cause; - •- •• • - - -
-• ! - . --. The County shall be sole judge of non-performance.
[***1
Change Section 10 Liquidated Damages:
The Contractor and County agree that the above-referenced liquidated damages represent the
appropriate level of damages in the event of a breach of the performance measures set forth in the
Agreement. Prior to assessment of Iiquidated damages, the County will inform the Contractor of the
assessment and receive any explanation from the Contractor. The Contractor shall he required to provide
a written and/or verbal explanation to the County. Upon receiving the explanation, the County shall
determine whether or not to assess liquidated damages. Liquidated damages shall be accrued and held in
abeyance until the end of the term of this Agreement;and may be deducted from subsequent payment(s)
due to the Contractor. Liquidated damages are neither a penalty nor forfeiture; they shall compensate the
County solely for the disruption of service caused by the breech of system standards.
Fixed Route—Per Vehicle Revenue Hour $ 53.55
Paratransit-- Per Trip Charge $ 27.10
Start up Costs Not To Exceed 515,000.00
Close Out Costs Not To Exceed x;15,000.00
All start up and close out actual costs shall need to be pre-approved and will be reimbursed with
proper written back up documentation.
Note: Language deleted has beer —t language has been underlined.
Packet Page -104-
9/22/2015 11.B.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of
Y b �ZY1tV-.4 pLY y2012,by
•
and between Keolis Transit America, Inc. d/b/a Tectrans, Inc. ("Keolis"), anddColher County, a
political subdivision of the State of Florida ("County").
WHEREAS; on September 14. 2010 the Collier County Board of County Commissioners
entered into Contract#10-5455 "Management Contract for the Collier Area Transit(CAT) Fixed
Route and Paratransit Program" with Tectrans, Inc. ("Tectrans") (attached hereto as Exhibit A,
and hereinafter referred to as the"Agreement");and
•
WHEREAS, Keolis hereby represents to Collier County that by virtue of a stock purchase
agreement, Keolis is the successor in interest to Tectrans in relation to the Agreement; and •
WHEREAS, the parties wish to formalize Keolis' assumption of rights and obligations
under the Agreement. effective as of the date first above written
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the patties, it is agreed as follows:
1. Keolis accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
under the Agreement.
. Keolis will promptly deliver to County evidence of insurance cons:sien' with the
..y arreem tent.
_. except as expressly stated. no further supplements to. or mod:fications of. the
Aczre:cinent are contemplated by the parties.
Notice re; aired under the Asaree rent to be sent to Contractor shall be directed ec€ed t,o:
CONTRACTOR:
Kr;
'oi:s Transit America, inc. d/b.'a rectrans, in:.
6053 W. Century Blvd 9ft Floor
,_ G i' el California 9(10 45
Attention: 1 Tic`iac] firif us President
The County ..e,. t- consents to Keolis ass:.I-1 ilt._`on of the Agreements. No
wa`vr 's ii` fie fo.rmaoce or extensions of time, to nerform are (_,'anted or autb,?:,.....ed. 7-1u County
tree: F^.uoli_ as the Contractor actor for tJ ,umc s—:o under the
Packet Page -105-
9/22/2015 11 .B.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
FOR COLLIELINTY:
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT-‘E..,13.10bK;,706rk COLLIER COUNTY, FLORIDA
Fred W. Coyle Chairman
;
FOR Keolis Transit America, Inc.
d/b/a Tectrans, Inc.
By: I/ Attes
Michael Griffus, President Corporate Secretary
Date: „ Date:
AT,Iprovetttf6Trtn and legal sufficiency:
D .
Jeff Klatzkow
Count ' Attorne.:,
Packet Page -106-
---
9/22/2015 11 .B.
AC' CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYY)
6!1!2011 I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies) must be endorsed, If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER Aon Risk Services Southwest, Inc, ' CONTACT NAME: ,
PO Box 3870 315 West 3rd Street PHONE LAIC—14= Eatt18001 541-8605 1 FAX isjc,Not: (847)953-1800
Little Rock,AR 72203
E-MAIL ADDRESS'
INSURER(S)AFFORDING COVERAGE NAICE
wwW.aon.com INSURER A: National interstate Insurance Co. 32620
INSURED Tectrarts, inc. INSURER B: Scottsdale Insurance Company I 41297
6053 W Century Blvd INSURER C: Companion Property&Casualty 12157
Los Angeles CA 90045
INSURER D
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 10305350 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDINC ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I -IABDLISUBRI POLICY EFF ' POLICY EXP
LTR TYPE OF INSURANCE I INSR!WVD! POLICY NUMBER (MMIDDIYYYYI I IMMIDD/YYYY) LIMITS
5 GENERAL LIABILITY I BCS0025039 6/1/2011 1 6/1/2012 EACH OCCURRENCE I s 1,000,000,
COMMERCIAL GENERAL LIABILITY i I 1 1 DAMA O E R EoTEe
nce) S 100,0001
CLAIMS-MADE /1 OCCUR r MED EXP(Any one person) IS 5.0001
III PERSONAL 8 AM/INJURY 12 1,000,000'
GENERAL AGGREGATE Ir 2,000,000
l DEN ':AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/O=ADD 15 2,000,000
�I POLICY IRS•
s LOC I 'i IS
E AUTOMOBILE LIABILITY
� 18195000-00 6/112011 611/'2012 cO M ED1SINGLE LIMO i S 1,000,000
✓ ANN'AUTO 1 I BODI I'INJURY(Per oerson) r,
AL:.OWNSL I SCHEDULED ' BODILY INJURY Per acaoent)I F
_____ AUTOS AUTO`
I H
N OWNEE PROPERTY DAMAGE
I HIRED AUTOS -AUT 1 1 IPer esculent; IS
UMUREL A JAC CUF. 851 y 2n 1 EACH OCCURRENCE I S 9,000,000
;i:L50074851 5,'1(201 6,!11_0 12
,, EXCESS LIAS CLA(rdS H,°,DEi I CXCeSE Genera;LIUDiiI I ,AGGREGATE IS 9,000,000
DEC ,RETENTION 1 , IS
IS
IS
,. .,. r VJ,.STATu- 1O F+-I
WORKERS P ,
O HERS COM �NSA7IDN �•5 , � i 11r:
1 AND EMPLOYER LIABILITY YIN , Mvl�.:"�b `5,1;20: bi 1, J,L
` �' I r I TORY LIMITS ! -R
ANY PROPRIETOTIDARTNER. X ITIVE— EACH ACCID=N1 , S ,002,000.
. DFFICER/MEMBER EXCLUDED , N■,k _.. _._
(Mandatory In NHI _—" _,-.DISEASE-EA E ME'LOYEE'..S ,.00^;8ta1
:I Yes pea ripe under �-
D_SCRIP 1„r:Cr D ^r... _._DISEASE-POLICY I!MSS I S 1.O00.0001
I
DESCRioTIDIJ OF OPERATIONS I LOCATIONS'V HIOLES fAtta¢h.ACORS IC. Additional Remarks Esneuuie it more space is motored, _(
ertifoet e nol0er 15 In iuded a.aCditiOna■Insure;;with resoezns Sc,kutc and Generai Liability policies. vNe er of SUDr0aatIOn IS OranteD 7'
MO!resaecub 10 I/Vprke E OOITIOenSaIIOn policy.The names Insured is self-msurea war respects to DnVSlc I camaoe coverage
CERTIFICATE HOLDER I CANS;ELLA T IOW'
SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE
Olile- County. ICri a THE EXPIRATION! D/TE THEREOF, NOTICE 4rtri_L BE DELIVERED !A
.rai Fias
I ACCORDANCE WITH THE POLICY PROVISIONS
330'' i arniam
-;aoie FL 34'112
AUTHORIZED REPRESENTATIVE
t',Ofl-' ,thl-SE'A'Cepi'SOt-cfrWEI,C. LVuO.
Ans.Risk Le-v,ses SoutnwesL,Inc.
Aor RISI Services
(&;1984-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05} Tne ACORD name and logo are registered marks of ACORD
51::. .C30::.6( t___, ,,-.: n.. L.■. AN, Ls - c. . - _
U' e
Packet Page -107- - --- . �.. . . --- ._u.. _..,-,—u„.x,,—.
9/22/2015 11 .B.
DATE IsSUED
CERTIFICATE ATTACHMENT 6/112011
LAMED INSURED:
Tectrans, Inc.
6053 W Century Blvd
Los Angeles CA 90045
Named Insureds Include:
Tectrans, Inc.
Diversified Transportation, LLC
dba Paul's Yellow Cab Co. , Inc.
dba Yellow Cab
Limousines of South Florida, Inc.
Mobility Plus Transportation, LLC
My Transit Plus, Inc.
Western Transit Systems, Inc.
Yellow Cab of Oreaber Oranoe County
dba Classic Yellow Cab
dba Classic Sedan
dba Coast Yellow Cab, Inc.
dba Laguan Silver Cab
dba JWA Yellow Cab Service
CERTIFICATE ATTACHMENT
22= I7C 2C C962 2iLl:iy J. o?,
Packet Page -108
, . ,
9/22/2015 11 .B.
Exsni3IT A —
CONTRACT# 14-5455 MANAGEMENT CONTRACT FOR THE COLLIER AREA T1 ANSIT (CAT)
FIXED ROUTE AND PARATRANSIT PROGRAM
AGREEMENT
THIS AGREEMENT Agreement
" "
(` � ) is made and entered into this / day of � ,J.• , 2010, by
and between Tectrans, Inc., whose address is 6053 W. Cenitury Boulevard, 9th floor, os Angeles, California
90045 (hereinafter referred to as the "Contractor"), and THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter
referred to as the "County").
WITNESSETH:
1. TERMS AND RENEWAL. This Agreement shall commence October 1, 2010, and will be in effect
for three (3) years With two (2) one (1) year renewal options. Prices shall remain firm for the initial tern of
this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date,
in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and ATM
Director and/or designee's approval. Surcharges will not be accepted in conjunction with this contract, and
such charges should be incorporated into the pricing structures, The County shall .give the Contractor written
notice of the County's intention to renew the Agreement term not less than sixty (60) days prior to the end of
the term. Jr lieu of renewal, the County Manager, or his designee, may, at his discretion; extend the Agreement
under all of the terms and conditions contained in this .areernenl for up to one hundred eighty (180) days. The
Calmly Manager, or his designee. shall give the Contractor written notice of county's intention to extend the
Agreement term not less than thirty (30) days prior to the end of the terry.
_. DUTIES.IES. Extent as set forth below, the parties respective duties are described in Exhibits 1, 2 and
Lxhihit 3 which includes all expectations of the Contractor including detailing the Federal
Transportation Administration Grant Requirements.
{ C.(1)MP N'SATII}N. The Count)! shall pa)' the Contractor for the performance of this greement:
The estimated costs for the con.rac:. are based upon the total of 68.050 route revenue hours for FY
.! approved ved bV the Couch ' multiplied by the fixed revenue hour rale of Sol;...'„ The estimated cos: ciJ'.'
m-2173.1.51? se" }:eS 1` Dosed or: al. avaraae :'oSt p .i S',r=.t C. IL CI L It expected that the revenue
_ate hours and the avera,,2e i,a r.1"i' cL a_ae over ile ).:5. _ fita Agreement, and that the Contractor's
'5
of _nens=tlor will be based mri the .,,;St^t.I dcliti.ir a revenue. hours approved the County} i
r:ic,di IcatiOnS. . s1111 li. mare tnan t P. er e f; 06c, cmnne In annual revenue b':nicie. hours, ..tide; the +_aturn
or the .orr:a:tor rig i;,011..S'. a re-negotiation _}7 the pre-itorr rate ,f):nnensatio,. Payment Shal; "l e. made t ?
..1_ Contract:: prcrr .a- orlon re_ .pt _ nr r.ei Invoinc and. in omciianc with Section __ .� .0
7`i ':ixr'sa ."']C.,?.m. as the "Local Cove`ru- ent P.-ol-ri Payment Act.
.ornp-nsa io r_ for the M it:al three year term of the contractwm cc conar..ta... w:r Int _`te'1'ue s'
hDar rate an: cos . trip rate specified in A:lacrt.nen: ! : and ...L.Jtaclarnent _. 7 _. of this
at e_:Tient. Compensations for the fourth and -fifth t....r of this 4, eenlen may reflect the rates snecifieci ... the
Oa,' S
Packet Page -109-