Agenda 05/26/2009 Item #16B 6
Agenda Item No. 16B6
May 26,2009
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Contractual Agreement
with the Florida Department of Transportation (FDOT) for the Demonstration of Technologies
Project consisting of the use of a Hybrid ParaTransit Bus for the period of June 15th through
June 26th 2009.
OBJECTIVE: To obtain Board of County Commissioners approval of an Agreement with the Florida
Department of Transportation (FDOT) for the Demonstration of Technologies Project consisting of the
use of a Hybrid Para-Transit Bus.
CONSIDERA TIONS: The Florida Department of Transportation (FDOT) has been conducting a
"Hybrid Ride" Demonstration Project which involves touring the State of Florida with a Hybrid
vehicle and allowing those interested agencies to test the technology of the vehicle for a short period of
time. The Hybrid vehicle has been in Southwest Florida and will be available for Collier Area Transit
(CAT) to test for a 2 week period from June 15th, 2009 through June 26th, 2009.
In order to participate, the County will be committing to providing FDOT with information on the
performance of the vehicle including fuel savings and maintenance costs. As part of the agreement,
the County will be responsible for collecting and maintaining records for the fotlowing: Fuel, Fluids
Usage and Daily Mileage. Additionally, we will be required to provide repair orders and complete the
- preventive maintenance, if it is due, at FOOT's expense. As part of our green initiative Collier Area
Transit has applied for federal funds through the American Recovery and Reinvestment Act (ARRA)
for the purchase two hybrid buses. This project will enable us to demonstrate the technology to our
community and also assist FDOT by collecting data in fuel savings and maintenance costs. Some of
the performance benefits of the International 3200 Hybrid bus are up to 60% improvement in fuel
economy and decrease wear on power-train for reduced maintenance cost.
The Fleet Management Department is anxious to evaluate this vehicle and determine the benefits of
future conversion.
FISCAL IMPACT: Costs incurred by the County for the execution of this agreement will be $52.50
for the recording of the agreement.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for
approval, and is otherwise legally sufficient for Board action.-SRT
RECOMMENDATION: That the Board of County Commissioners approve the Agreement to allow
Collier Area Transit to utilize the Hybrid Para-Transit Bus from June 15, 2009 through .Tune 26, 2009.
--
Prepared By: Michelle Edwards Arnold, Department of Alternative Transportation Modes
Attachment: 1) Agreement and sample of reports 2) Certificate ofInsurance 3) Hybrid Bus Photo
Item Number:
Item Summary:
Meeting Date:
Page lof2
Agenda Item No. 16B6
May 26, 2009
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B6
Recommendation that the Board of County Commissioners approves a Contractual
Agreement with the Florida Department of Transportation (FOOT) for the Demonstration of
Technologies Project consisting of the use of a Hybrid ParaTransil Bus for the period of June
15 through June 26, 2009.
5/26/200990000 AM
Prepared By
Michelle Edwards Arnold
Transportation Services
Alternative Transportation Modes
Director
Date
Alternative Transportation Modes
5/11/20095:51 :39 PM
Date
Approved By
Therese Stanley
Transportation
Grants Coordinator
Transportation Adm inistration
5/12/200910:18 AM
Approved By
Glama Carter
Transportation Services
Operations Analyst
Transportation Administration
Date
5/12/2009 10:47 AM
Approved By
Michelle Edwards Arnold
Transportation Services
Alternative Transportation Modes
Director
Date
Alternative Transportation Modes
5/12/20094:45 PM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/12/20094:52 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
5/14/2009 1:10PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20092:45 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
Date
5/14/20093:39 PM
Date
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Office of Management & Budget
5/15/20099:18 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
5/17/20098:17 AM
file://C:\AgendaTest\Export\ 130-May%2026,%202009\16. %20CONSENT%20AGENDA \1... 5/20/2009
Page 2 of2
Agenda Item No. 1686
May 26, 2009
Page 3 of 11
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/17/200912:38 PM
file://C:\AgendaTest\Export\130-May%2026,%202009\ 16.%20CONSENT%20AGENDA\1... 5/20/2009
Agenda Item No. 16B6
May 26, 2009
Page 4 of 11
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION CONTRACTUAL AGREEMENT
FOR DEMONTRATION OF TECHNOLOGIES
THIS AGREEMENT, consisting of this portion and Exhibit(s) A , attached hereto and made a part hereof,
effective on the date herein specified, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinaftercalledthe"DEPARTMENT"andBoard of County Commissioners, Collier,County, FL
hereinafter called the "CONTRACTEE".
WITNESSETH
WHEREAS, the CONTRACTEE is desirous of participation in the Demonstration of Technologies project from the
DEPARTMENT, the passenger vehicle(s) and/or equipment, described in Exhibit A, hereinafter called the
"Equipment", shall be provided to the CONTRACTEE for a period of two weeks .
NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, the parties agree as
follows:
1. AGREEMENT TERM
This Agreement is effective on June 1 5.' 2009 . Proof of Insurance coverage by the
CONTRACTEE, as provided in paragraph 5 hArFlin. must be prg'!!ded to the DEPARTMENT prior to the effective
date. This Agreement shall terminate on _ ...I.une 26, 2009 . unless the contract is
terminated sooner in accordance with paragraph 11.
2.
DELIVERY
8300 Radio Road
Naples, Florida 34104
and
The parties agree that the Equipment, will be delivered to:
will be released to the CONTRACTEE at that location, on a mutually agreed to schedule.
3. TITLE
It is expressly understood and agreed by the parties hereto that the title(s) to all Equipment herein are and shall
remain in the DEPARTMENT, and the CONTRACTEE agrees not to loan, sell, sublet, assign or mortgage said
Equipment, or lend or permit them to be subject to any legal process without the DEPARTMENTS prior written
consent
4. MAINTENANCE
The CONTRACTEE shall at the DEPARTMENT'S expense, perform maintenance, repair, and service of the
Equipment in accordance with standard preventive and corrective maintenance procedures on the basis of
instructions supplied by the DEPARTMENT and/or the manufacturer. Preventive maintenance practices consistent
with proper equipment care will be exercised. The CONTRACTEE further agrees to maintain the Equipment in
optimum condition. All maintenance actions and replacement of parts will be documented fully and reported to the
DEPARTMENT in accordance with paragraph 7. The CONTRACTEE shall maintain daily, weekly and monthly
readings in the following areas: Fuel Miles per Gallon (MPG), Oil Consumption, Miles Operated and Other Fluid Use.
5. INSURANCE
The CONTRACTEE agrees to carry insurance during the term of the Agreement, or if self insured, guarantee liability,
for minimum coverage as follows, naming the DEPARTMENT as an insured:
Page 1 of 5
Agenda Item No. 1686
May 26, 2009
Page 5 of 11
Liability coverage in an amount of $100,000 for the death or injury of one person, $300,000 (see F.S. 324.021) in the
event of death or injury of two or more persons in a single accident, including liability to any employees engaged in
operation of the vehicle(s), and $50,000 for property damage. Comprehensive and collision coverage will be obtained
for the full value of the vehicle, less normal deductible which shall be borne by the CONTRACTEE.
The DEPARTMENT shall be provided advance notice of any proposed cancellation of coverage of the Equipment.
Copy of policy and endorsements, any notices of proposed cancellation of coverage shall be sent to the
DEPARTMENT at the following address: Florida Vehicle Procurement Manaaer 605 Suwannee Street. MS-26.
Tallahassee. FL 32399 (Department of Transportation Office)."
6. OPERATIONS
In the operation of the Equipment the CONTRACTEE agrees:
a. To limit use of Equipment to approved transit services. No changes in the use of Equipment shall be
implemented by the CONTRACTEE unless written authorization is received from the DEPARTMENT.
b. Not to make any alterations or modifications to Equipment without the written consent of the DEPARTMENT.
C. CONTRACTEE shall not alter the Equipment by affixing or painting any designs, or making signs on the
Equipment. Neither commercial nor political campaign advertising shall appear on Equipment. Public
service posters or announcements may be placed in pre-existing advertising racks, if any. CONTRACTEE
may program the destination sign with local information.
d. Not to use the Equipment in violation of Federal, State or Municipal Statute, law, regulation, administrative
ruling, order or ordinance.
e. To hold the DEPARTMENT harmless from all fines, forfeitures or penalties for traffic violations or other
violations incurring in connection with the operation of the Equipment.
f. To cause each vehicle to be operated only by a fully qualified, competent, and licensed driver.
CONTRACTEE shall require each driver to have a good driving record and to operate with all due care and
diligence to prevent injuries, loss or damage of any nature.
g. To protect the Equipment from theft and other hazards while under the CONTRACTEE'S control.
h. To be responsible for all damages and loss to Equipment in the event of disaster, fire, theft, flood, riot,
strikes, conversion, collision or other partial or total destruction except to the extent DEPARTMENT may be
reimbursed by payment of insurance proceeds.
i. To verbally notify the DEPARTMENT immediately of any theft, fire, improper performance, damage,
accidents or collision in which the Equipment has been involved and, refrain from operation of such
Equipment so involved until permission is obtained from the DEPARTMENT; to supply a copy of any report
required to be filed with any administrative body or governmental unit, to supply a written report within seven
(7) days of any theft, fire, accident or collision involving any Equipment. In the event of failure to so notify the
DEPARTMENT, responsible for any loss to the DEPARTMENT as a result of such failure; to cooperate fully
with the DEPARTMENT in any reasonable way to prevent loss; to aid in every reasonable way in the
defense of suites or other proceedings which may be brought as a result of the operation of said Equipment;
to notify the DEPARTMENT promptly of any papers, notices or documents served upon the CONTRACTEE,
its agents, or employees, arising out of operation of said Equipment
Page 2 of 5
Agenda Item No. 16B6
May 26, 2009
Page 6 of 11
j. CONTRACTEE shall not initiate any actions for recovery of damages to Equipment without written consent
of the DEPARTMENT. CONTRACTEE shall take no steps which would affect the DEPARTMENT's claim for
damages without written consent of the DEPARTMENT.
7. REQUIRED REPORTS
In addition to special reports, as necessary, previously cited in paragraph 6i, the CONTRACTEE agrees to provide
regular operating and maintenance reports as follows:
(a) Although the DEPARTMENT will reimburse for all maintenance, records of inspection, corrective, or
preventive maintenance actions, including identification and cost of parts used, labor hours and vehicle
mileage shall be recorded on work order forms. The work order should identify how failure(s) (if any) were
detected; whether by regular inspection, driver report, vehicle breakdown, or other. The work order forms
shall be accumulated and provided weekly, with maintenance summary report and inspection checklists (as
applicable), to the Florida Vehicle Procurement Manager.
(b) Individual vehicle Maintenance Record Files shall be kept current by the CONTRACTEE. Records shall be
available for the DEPARTMENT'S review during periodic compliance inspections.
(c) If CONTRACTEE does not have an established maintenance work order system, forms will be provided for
use, by the DEPARTMENT. These forms shall be completed and submitted, as previously described.
(d) Maintenance Summary Reports, provided by the DEPARTMENT, shall be submitted for each Equipment
item with completed work orders and preventive maintenance checklists, as applicable, attached thereto.
Reports shall be submitted weekly. CONTRACTEE shall submit a final report and summary of experience
during the demonstration project once the Agreement term is completed.
8, AUDITS AND INSPECTIONS
CONTRACTEE agrees to permit the DEPARTMENT'S designated representatives to audit all books, records and
files relative to the operation and maintenance of the leased vehicles, equipment and parts (as applicable); to assist
in providing said documents and information and to permit inspection of vehicles, equipment and parts by the
DEPARTMENT'S representatives.
9. INDEMNIFICATION
To the extent allowed by law, the CONTRACTEE hereby agrees to indemnify, defend, save and hold harmless the
DEPARTMENT from all claims, demands, liabilities and suits of any nature whatever arising out of, because of or due
to the breach of the Agreement by the CONTRACTEE, its agents or employees, or due to any act or occurrence of
omission or commission by the CONTRACTEE, its agents or employees. It is specifically understood and agreed that
this indemnification agreement does not cover or indemnify the DEPARTMENT for its sole negligence.
10, WARRANTS
The CONTRACTEE warrants that it has not employed or retained any company or person, other than a bona-fide
employee working solely for the CONTRACTEE any fee, commission, percentage brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement For breach or violation of
this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability.
11. TERMINATION
Page 3 of 5
Agenda Item No. 16B6
May 26, 2009
Page 7 of 11
a. BREACH. The DEPARTMENT may, by written notice to the CONTRACTEE, cancel this Agreement for any of the
following reasons, to be effective upon receipt of said notice:
(1) The CONTRACTEE takes any action pertaining to this Agreement without approval of the DEPARTMENT which
under the procedures of the Agreement would have required the approval of the DEPARTMENT
(2) The CONTRACTEE defaults under any provisions of this Agreement.
(3) The CONTRACTEE uses the vehicles, equipment or parts in a manner not provided for under the provisions of
this Agreement.
b. CANCELLATION. Either party may, by mutual agreement, cancel or terminate this Agreement by no less than
fifteen (15) days written notice to the other party.
(1) Return of Equipment shall be governed by "paragraph c", below.
c. ACTION UPON EXPIRATION OR CANCELLATION. In the event of expiration or cancellation of this Agreement,
CONTRACTEE agrees to proceed as follows:
(1) Deliver all Equipment and parts (if applicable) within
date to The Department of Transportation, District Office
the hours of 9:00 am and 3:00 pm, Monday-Thursday.
3
I
days after termination
between
(2) To be responsible for the cost of repairing, replacing or restoring any of said Equipment not delivered in
optimum condition.
(3) To insure that tread remaining on the tires of the delivered vehicles is no less than 7f32" on any of the tires
to provide for safe transport by the DEPARTMENT to the next destination, and to be responsible for the cost
of replacing tires not meeting said standards.
(4) Ensure Equipment is returned clean and with a full tank of fuel.
12. COMPLETENESS OF AGREEMENT
This Agreement sets forth all the agreements, terms, conditions and understandings, between the DEPARTMENT
and CONTRACTEE and there are no agreements, customs, usages, terms, conditions or understandings either oral
or written, expressed or implied, between the parties, other than set forth herein.
Page 4 of 5
Agenda Item No. 16B6
May 26, 2009
Page 8 of 11
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Operations Administrator, Office of Public Transportation
Board of County Commissioners, Collier County, Florida
AGENCY NAME
BY:
AGENCY REPRESENTATIVE- DONNA FIALA, Chairman
TITLE Chairman
ATTEST:
(SEAL)
ATTEST
DWIGHT E. BROC~ CLERK
BY:
qll.... te __ . .... -.'llLr,
~#j)J~j~
DlrLt,> Coaaty A.ItonIeJ
-'-
Page 5 of 5
Agenda Item No. 16B6
May 26,2009
Page 9 of 11
EXHIBIT A
LEASE AGREEMENT
FOR VEHICLES AND EQUIPMENT
This Exhibit forms an integral part of that particular Lease Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION and Board of County Commissioners, Collier County, Florida,
executed: Ma y 26, 2 0 0 9
DESCRIPTION OF LEASED EQUIPMENT:
OOTID
NUMBER
MODEL
YEAR
MAKE
PSG.
CAP.
SECTION
NUMBER
JOB
NUMBER
VLN.
LEASE
RATE
CURRENT
INSURANCE
VALUE
ASSOCIATED EQUIPMENT
OR OTHER DATA AS REQUIRE!:!
LESSEE FEW.:
LEASE PAYMENT SCHEDULE:
AMOUNT DATE
DUE DUE
PERIOD COVERED
BY PAYMENT(S)
LESSEE BILLING ADDRESS:
CERTIFICATE OF COVERAGE Agenda Item Np.
~~-:~' r6
Certificate Holder Administrator Issue Date ~ 1
FLORIDA DEPARTMENT OF TRANSPORTATION Florida League of Cities, Inc.
DISTRICT ONE MODAL DEVELOPMENT OFFICE Public Risk Services
PUBLIC TRANSIT P.O. Box 530065
SOUTHWEST AREA OFFICE Orlando, Florida 32853-0065
PO BOX 1030
FORT MYERS FL 339021030
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED N01WITHSTANDING ANY REOUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI;;ICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY HiE
AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT
COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 1261 I COVERAGE PERIOD: FROM 1115109 I COVERAGE PERIOD: TO 10/1109 12:01 AM STANDARD TIME
TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY
General Liability 0 Buildings o Miscellaneous
f2'J Comprehensive General Liability, Bodily Injury, Property Damage and o Basic Form 0 Inland Marine
Personal Injury o Special Form 0 Electronic Data Processing
0 Errors and Omissions Liability o Personal Property 0 Bond
0 Supplemental Employment Praclice o Basic Form 0
0 Employee Benefits Program Administration Liability o Special Form
0 Medical Attendanls'/Medlcal Directors' Malpractice Liability o Agreed Amount
f2'J Broad Form Property Damage o Deductible N/A
0 Law Enforcement LIability o COinsurance NIA
f2'J Underground. Explosion & Collapse Hazard o Blanket
o Specific
Limits of Liability o Replacement Cost
. Combined Single Limit o Actual Cash Value
Deductible NIA
Automobile Liability Limits of Liability on File with Administrator
f2'J All owned Autos (pnvate Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION
f2'J All owned Autos (Other than Pnvate Passenger)
f2'J Hired Autos f2'J Statutory Workers' Compensation
f2'J Non-Owned Autos f2'J Employers Liabilily $1,000,000 Each Accident
$1,000,000 By Disease
$1,000,000 Aggregate By Disease
Limits of Liability 0
. Combined Singie limit Deductible N/A
Deductible N/A 0
Automobile/Equipment - Deductible
f2'J PhYSical Damage $5,000 - Comprehensive - Auto $5,000 - Collision - Auto NIA - Miscellaneous Equipment
Other
The limit of liability IS $100,000 Bodily InjUry and/or Property Damage per person or $200,000 Bodily InjUry andlor Property Damage per occurrence. These
specific limits of liability are Increased to $15,000,000 (combined single limit) per occurrence, solely for any liabilily resulting from enlry of a claims bill pursuant to
Section 768.28 (5) Flonda Statutes or liability Imposed pursuant to Federal Law or actions outside the State of Florida
Description of OperationslLocationslVehicles/Specialltems
Re: Hybrid Ride Demonstration Project - Involving the 2009 Inlernatlonal3200 Bus, 10#: 82366, Cost $225,000 scheduled for June 15 - 26,2009. The
certificate holder is hereby added as an additional Insured, except for Workers' CompensatIOn and Employers Liability, as respects the member's liability for
the above described event
THIS CERTIFICATE IS ISSUED AS A MA.TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA.TE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
DESIGNATED MEMBER CANCELLATIONS
ShOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS
COLLIER TRANSIT MANAGEMENT INC WRITTE~ NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE. BUT FAilURE TO MAIL SUCH
r-<OTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY O~ ANY KIND UPO,.., THE PROGRAM I:S
8300 RADIO ROAD AGENTS OR REPRESENTATI',/ES
NAPLES FL 34104 \~llcl)<~~
AUTHORIZED REPRESENTATIVE
FMIT-CERT (10IQ6\
16B6
,2009
of 11