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Agenda 10/28/2008 Item #16B 8 EXECUTIVE SUMMARY Agenda Item No. 1688 October 28, 2008 Page 1 of 44 Recommendation for the Board of County Commissioners to approve a second amendment to the September 27, 2005, Agreement (the "Agreement") entered into between McDonald Transit Associates, Inc. and Collier County, which provides for consolidated management for the Collier Area Transit and Paratransit Systems, to amend the Agreement to incorporate new compensation rates for the final two years of the Agreement that were negotiated during mediation between the parties on October 7, 2008. OBJECTIVE: To obtain approval from the Board of County Commissioners for a second amendment to the "Agreement" with McDonald Transit Associates, Inc. ("Contractor") to amend the Agreement to incorporate new compensation rates for the final two years of the Agreement that were negotiated during mediation between the parties on October 7, 2008. CONSIDERA TIONS: On September 23, 2008, the Board approved a First Amendment to the Agreement to allow the Contractor and the County an opportunity to mediate the rate of compensation for the two remaining fiscal years of the Agreement. As explained to the Board when the First Amendment was considered, the Agreement specified a rate of compensation for years one through three and stated that the compensation for years four and five was to be negotiated during year three of the Agreement. The First Amendment approved by the Board provided the parties an opportunity to reach an agreed rate of compensation rather than reverting to the default compensation provisions where the Contractor would be paid at the same rate of compensation it received in the third Agreement year, as adjusted on a monthly basis by any change in the Consumer Price Index (the "CPI rate of compensation"). On October 7, 2008, the parties successfully negotiated the rate of compensation for the remaining two years of the Agreement. Following mediation, the parties entered into a document memorializing the new terms identified as "Amendment to Agreement," which is attached hereto as Exhibit "A." If the Board approves this Amendment to Agreement it will need to be executed by the Chairman, as well. The rate of compensation agreed upon in the Amendment to Agreement for the two respective remaining years represents an overall savings to the County from the rate of compensation paid during fiscal year 2007-08. Additionally, the non-compensation related terms identified in the Amendment to Agreement also ref1ect a desired improvement as to the management, oversight, and operation of the consolidated transit services. Those new provisions include: . Bringing the grants management function in-house and requiring the Contractor to provide more timely responses to reasonable requests for data and information; . Appointing a new manager to operate the Collier Area Transit and para-transit services; ....,-...., . Agreeing to renegotiate the remaining terms (the remaining non-compensation terms not addressed in the Amendment to Agreement) of the Agreement within 60 days to address any remaining issues discussed by the Contractor and the County during mediation that are unresolved. Most of those issues center on providing further clarification to desired performance standards and other areas of mutual interest. Agenda Item No. 1688 October 28, 2008 . Pag~ 2 of 44 On Friday, October 10, 2008, the County was notified that the Contractor's corporate Board of Directors approved the Amendment to Agreement. Therefore, this matter is ripe for review and consideration by the Collier County Board of Commissioners. FISCAL IMP ACT: The recommended revenue hour rates and associated provisions in the mediated settlement are consistent with the previously approved Fiscal Year 2009 budget assuming state block grants are awarded as expected. LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office and is legally sufficient for Board action.-SRT. GROWTH MANAGEMENT IMPACT: This item does not impact or conflict with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the Amendment to Agreement and authorizes the Chairman to sign the Amendment on behalf ofthe Board. Prepared by: Norman E. Feder, A.I.C.P., Administrator, Transportation Division Attachments: Amendment to Agreement. - - Page 1 of 1 Agenda Item No. 1688 October 28, 2008 Page 3 of 44 COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS Item Number: Item Summary: 1688 Recommendation for the Board of County Commissioners to approve a second amendment to the September 27, 2005, Agreement (the Agreement) entered into between McDonald Transit Associates, Inc. and Collier County. which proVides for consolidated management for the Collier Area Transit and Paratransit Systems, to amend the Agreement to incorporate new compensation rates for the final two years of the Agreement that were negotiated during mediation between the parties on October 7.2008 Meeting Date: 10/28/2008 9:0000 AM Prepared By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 10/15/20089:55:50 AM Approved By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 10/15/20089:56 AM Approved By - Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 101151200812:54 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 10115120082:47 PM Approved By Pat Lehnhard Execlltive Secretary Date Transportation Services Transportation Services Admin 10115/2008 ;) :06 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 10116/20089:08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 101181200811:37 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/21120081:19 PM - file:IIC:\AgendaTest\Export\115-0ctober%2028,%202008\ 16.%20CONSENT%20AGEN... 10/22/2008 Agenda Item No. 1688 October 28, 2008 Page 4 of 44 AMENDMENT TO AGREEMENT The undersigned parties hereto do agree to amend their agreement of September 27, 2008; subject to the approval of the Collier County Board of Commissioners as follows: . Paragraph 3, Compensation. shall be amended by adding to 3.1: The management fee shall be $98,392 for FY 2009 (10/01/08 - 09/30/09) and $100,360 for FY 2010 (10/01109 _ 09/30/10) and the following to 3.2: Said expenses shall not exceed $50,000 in either of the above fiscal years. If contractor can deliver the same quality and quantity of service for less than $50,000 during one or both of these fiscal years, contractor shall receive a payment of 50% of that savings. The Revenue Hour Rate for FY 2009 shall be $46.98 and for FY 2010 it shall be $48.39. . Paragraph 3.3 shall be amended to state that fixed profit described therein shall be $85,000 for FY 2009 and $90,000 for FY 2010. . The grants management fimction shall be performed by the County and the Contractor will provide timely and complete response to all reasonable requests for data and infonnation. . Contractor will appoint a new manager on site to oversee the performance of this agreement on or before approval of the amendment to agreement by the Collier COWlty Board of Commissioners. . The parties mutually release each other from all claims either may have against the other known before 10/01/08. . The parties will, within sixty (60) days negotiate a more comprehensive and detailed new agreement for FY 2009 and FY 2010. Such contract amendment shall seek to balance any new requirements on the Contractor with comparable reductions in current contract requirements to maintain a general balance in costs and proceeds versus services rendered. Further, the contract amendment shall seek to more fully clarify roles and responsibilities and the nature, format, and frequency of data and reports. . For the Paratransit System the Administrative Fee for FY 2009 and FY 2010 will be 3% higher than its FY 2008 fee or $397,638 annually. Additionally, the Contractor will be provided a maximum of $150,000 to cover both profit and expenditures to include telephones and verification, physical exams, travel and training, and salary expenses for Service Team Members. The annual maximum $150,000 shall be equally divided into .. Agenda Item No. 16B8 October 28, 2008 Page 5 of 44 the twelve months for purposes of invoicing. Invoices for expenditures shall include required backup documentation and the balance remaining on the monthly allotment shall become profit up to the monthly portion of the annual $150,000 maximwn. One Hundred and twenty days prior to September 30,2009, the Contractor may terminate this Agreement by written notice to the County. Any such notice to terminate this Agreement shall be given by certified mail, return receipt requested, and shall be effective 120 days from the date of receipt as noted on the return receipt. · This Agreement is subject to the approval of the McDonald Transit Associates, Inc. Board of Directors by close of business at 5:00 p.m. Eastern Standard Time on Friday, . October 10, 2008. By: orman Feder, Transportation Administrator ~trPj~ By: Scott R. Teac~ Deputy County Attorney MCOONA~S' me. (/~ By: Ro1fert T. Babbitt, President Dated: October 7, 2008 (}8. TRN-0OO94/2856 2 r. ..; ....". .,~ .. AGREEMENT TIllS 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, Fan 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"). WIT N E SSE T H: 1. lERMS AND RENEWAL. This Agreement shall commence October 1, 2005, and will be in effect for five years, tetminating September 30, 2010. County has the right to renew this contract. with the consent of Contractor, under the s.ame teIIJJ.S and conditi.ons foy one additional five-year period. County shaJl give Contractor written notice of County's intention to renew the Agreement term 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 terms and conditions contained in this Agreement for up to 79 days. The County Manager, or his designee, sball give Contractor written notice of County's intention to extend the Agreement term not less than 30 days prior to the end of the term. 2. .DUl1BS. Except as set forth below, the parties' respective duties are described in Attachments I and 2. 3. COMPENSATION. County shall pay Contractor for lhe perfoxmance of this Agreement: 3.1 A Management Fce. This fee includes all 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 c'tpen 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-to-day opecation 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 the Contractor by the County upon proper documentation of e'tpenses inCUIT'ed, 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 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 fourth and fifth year of this Agreement sball 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 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 Page 1 of 30 .' Agenaa Item No. 1688 October 28. 2008 Page 7 of 44 I.'~.j.' . ~ the parties fail to reach a mediated settlement, tbc:n for the remaining two years 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). Paymei1t shall be made to Contractor promptly upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otbe.rw:lse known as the "Florida Prompt Payment Act." 4. TERMlNATION. County may terminate this Agreement immediately for cause should the Contractor fail to perfonn its services in a manner satisfactory to County, with County 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 noti.ce to terminate this Agreement .shall be given by certified mail, return receipt requested, and shall be effective 60 days from the date of receipt as noted on the return receipt. A written request by the County to the Contractor to increase or decrease the level of fixed route service shall not be construed as a partial tcnnination 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 SUBCONTRACTING. No ponion of the requested services may be assigned or subcontracted without the prior written permission of the County. County may grant or withhold its consent in its sole and absolute discretion. 6. OPERATING REVENUES. All operating revenues collected by Contractor are the property of County, including but not limited to farebox receipts, 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 information concerning the transit system. The General Manager, representing the Contractor, shall attend, at a minimum, biweekly meetings with County Tran.sponation Alternative Modes Department staff at times and locations to be determined. 8. ADVERTISlNG. The County shall detennine interior andJor exterior advertising policies on revenue vehicles. All revenue received from advertising on buses shalI be paid to the Counry. 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 bank account. There shan be no interior or exterior advertising on or in buses, transit shelters, benches, or other transit amenities without prior written approval by the County Public Transpomtion Manager or their designee. 9. nrn COUNTY AND CONTRACTOR-SUPPLIED PROPERTY. Title to capital 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 discrel;olj. Furthermore, the Contractor shall maintain adequate property control records of all County-furnished property in accordance with sound industry practice and as approved by the County. The County shall have the opri.on, upon the expiration or termination of the Agreement, to purchase all or any part of non-revenue equipment not Page 2 of 30 J Agenda Item No. 16Btl October 28, 2008 Page 8 of 44 " . < '- already purchased by the County and used by the Contractor in the perronnance 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 1!finimum Limits of Insurance The ContraCtor shall maintain limits no less than: a. Commercial General Liability (Occurrence Form) patterned after the comnt L5.0. form with no limiting endorsements, e~cluding Garage Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle/Automobile Liability (Ownedlnon-ownedlhired): $5,000,000 combined single limit per accident for bodily injury, personal injury and propeny damage including passenger liability. c. Umbrella Liability: $10,000,000 per occurrence 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 Olapter 440 and all Federal Government Statutory limits and Requirements. &. All Risk Fire and Extended Coverage for full replacement cost on all equipment, tools, supplies, and contents used by the Contractor in the perfonnance of se(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 all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $10,000,000. The County will be included as a Loss Payee in this coverage. g. Fide.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 Additional Insured as their interest may appear. A letter of credit may be requested in lieu of or in addition to a Fidelity Bond to secure the Bond d~uctible depending upon its size. h. Employment Practice Liability: $1,000,000 each occurrence and aggregate. Page 3 of 30 -..~' Agenda Item No. 1688 October 28, 2008 Page 9 of 44 T'...~ ~. I (, . i. Performance Bond: It is hereby made a part of this Agreement that the Penonnance Bond requirement is waived. 10.2 Deductibles and Self.lnsured Retention Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either, the insurer shall reduce or eliminate such deductibJes or self-insured retentions in regard to the deductibles or self-insured 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 expenses. 10.3 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liabilitv. Automobile Liability. and Umbrella Liability Coverage a. The County, the BCe, their officials, agents, employees, and vo.lunteers 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 I1mitations on the scope of protection afforded ro the County, the BCe, their officials, agents, employees, and volunteers. b. The Contractor's insurance coverage shall be primary ins.urance as respects the County, the BCC, their officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the County, the BCe, their officials, agents, employees, and volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reponing provisions of the policies shaH not affect coverage provided to the County, the BCe, and .its officers, officials, employees and volunteers. d. The Contractor'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' Compensation and Emolovers' LiabilitvCoveraEe The insurer shall agree to waive all rights of subrogation against the County, the BCC, and its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the County. 3. All Coverae-e Each insurance policy :required by this clause sh.all be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in Page 4 of 30 - '--Agenaa Item Nci~-1688- October 28, 2008 Page 10 of 44 ~. '. . 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 wirh a Best's rating of no less than A VII or acceptable to the County. Current, vaJid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a. 30- day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 10.4 Verification of Coverage The Contractor shall furnish the County with certificates of insurance and "With original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person 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 acti vity, whichever is ear)Jer.. The Contractor is to commence no activity with regard to performance 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 Subcontractors The Contractor shall include all subcontractors as insureds. under its policies or shall furnjsh separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject 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 Coumy 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 N aJ?les I FL 34112 The Certificate must state the Contract Number and Title. 10.8 Cancellation Notice Requirements Page 5 of 30 " . Agenda Item hlo. 1688 October 28,2008 Page 11 of 44 I.. ...>_1 .. ... Thirty (30) Days Cancellation Notice: is required. 10.9 Claims Information and Loss Runs The Contractor shall make available to the County, through its records or the records of their insurer, information regarding a specific claim. Any loss run information available from the Contractor or their insurer will be made available to the County upon their request. 11. INDEMNIFCATION. To the maximum extent permitted by Florida law, th.e ContractorNendor/Consultant shall indemnify and hold harmless Collier Coullty, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness. or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ConrractorN endor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be avai.Jable to an indemnified party or person described in. this paragraph. This section does not pertain to any incident arising from the sole negligence of CoUier 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 federal laws are enacted 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 sha.ll be sent by Certified Mail, return receipt requested. or by a nationally recognized overnight delivery service, and acidn;ssed as follows: McDonald Transit Associates., Inc. 4500 Mercantile Plaza Drive Suite 307 Fort Worth, Tei't.ag 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 party written notification. Page 6 of 30 ~~ Agenda Item No. 1688 October 28, 2008 Page 12 of 44 " 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 relatioDship based entirely on and circumscribed by this Agreement. No panne1'5hip, joint venture, agency, fiduciary, or employment relationship is intended or created by reason 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, selection, hiring, disciplining, firing, compensation, work roles and schedules of its employees. 14. LAWS AND PERMITS. Any and all services, materials and equipment shall comply fully with an Local, State and Federal laws and regulations. In compliance with Section 218.80, F.S., aU permits necessary for the prosecution of the work shall be obtained by Contractor. Payment for all such permits 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 addition, Contractor shall comply with all rules, regulations and 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 permit any person to use in any manner whatsoever, County facilities for any improper. immoral or offensive pwpose, or for any purpose in violation of any federal, state, couoty or municipal ordinance, rule, order or regtllation, 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 tbe County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shaU bave 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 not to com.mence operation during the suspension period until the violation has been corrected to thesausfaction of the County. 16. DISPUTE RESOLUTION. 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 tnen.current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action 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 Agreem~nt. 17. COMPONENT PARTS OF THIS CONTRACT. This ContraCt consists of the attached component parts, all of which are as fully a part of the contract as ifherein 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 ., Agenda Item !\io. 1688 1',;/ October 28,2008 Page 13 of 44 .. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be e"ccuted by their appropriate officials, as of the date first above written. Attest: DWIG~ ~'I>J?,%OoS~ Clerk . -.,; - . . " CJ, . ~./ t , ........... BOARD OF COUNTY COMMISSIONERS COll.IER COUNTY, FLORIDA By: Uw. ~ FRED W. COYLE, Chaim . ,,-y " ':' ,....:..!.[; A': ';,~'. ,,\. By: First Witness ;J:;;:Jp . 5 and Witness -- $ kAtUn L~, i ( Type/print witness n me By: et-' Typed Signature and Tirle Page 8 of 30 -- Agenda Item No. 16B8 October 28,2008 Page 14 of 44 " A TTACHM:ENT 1 COUNTY DUTIES COUNTY DurIES AND RESPONSIBll,ITIES The COUNTY has the following responsibilities and per.forms the following duties with respect to the fixed route and paratransit services. To the eKtent reasonable and feasible, CONTRAcrOR shall assist COUNTY in this regard. Financial The COUNTY shall reimburse. on a monthly basis, all costs for the approved budget for fixed route services and paratransit 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 a payment account unique to the paratransit subcontracts. ODeratioDs and Maintenance Facility 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 Eauipment COUNTY will provide to CONTRACTOR the vehicles set forth in Exhibit "A" (both CAT buses and paratransit). CONTRACTOR must provide any additional paratransit vehicles as necessary and may do so through subcontraCts. Computers The CO~CTOR may be required to purchase additional computer equipment. .U-the- CONfRA€TOt IS requtlc-d-$ pl1Tr.paJ:1'! tQ~ t"n~putet' eq'l;pw~t, \be COUNTY will rei~11T'Se the CONTRACTOR for the actual cost of the approved computers and software. The COUNTY may provide aU or part of the computer equipment rather than reimbursing the CONTRACTOR, The CONTRACTOR shall procure with the advice and consent of COUNTY the scheduling softwarl" preferred and specified by COUNTY. The ownership of the software shall remain with COUNTY. Fuel and MainteiJanc:e Costs 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 will either reimburse the CONTRACTOR for the cost of fuel for those isolated cases in which it is not 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 CONTRACTOR cost proposal. Schedules. Passes. TIckets. Tokens CONTRAcroR shall prepare, print, and provide aU. schedules, passes, tickets, tokens. and like materials required by CAT and paratransit operations. CONTRACTOR. shall distribute and disseminate such materials in accordance with the provisions of this CONTRACT and any directions supplemental thereto provided by COUNTY. The COUNTY will reimburse the CONTRACTOR for the cost of these items. Page 9 of 30 Agenaa Irem'Jo. b October 28, 2008 Page 15 of 44 I;,; ~:1~ I Radio Communication Systems COUNlY will provide radios on all County-owned fixed route buses and existing County-owned supervisory vehicles. COUNTY will be responsible for providing Bnd 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 fOT 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 CONTRACTOR. FareboxesIDestioatioD Sims COUNTY provides the manual farebox. system on the fixed route bus fleet and the necessary equipment (vault. any coin counting machines, etc. at its administrative/dispatch office) to safely and securely store the contents of all fareboxes over night If additional equipment is identified by the CONTRACfOR and approved by the COUNTY, the CONTRACTOR may be required to purchuc that equipment. The COUNfY will reimburse the CONTRACfOR for the cost of the approved equIpment. COUNTY will provide the destination signs for the buses, BusSroDlmD~vemenh COUNTY will 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 Operations COUNTY shall make a reasonable effort to notify CONTRAcrOR in advance of any road closures, detours, para.des, or otber such events under COuNTY jurisdiction. which may interl"ere with CAT and paratransit operations or require deviations from established routes or schedules. Page 10 of 30 Agenda Item No. 1688 October 28, 2008 Page 16 of 44 " ATTACHMENT 2 CONTRACTOR DUTIES CONTRACTORDUI'IES AND RESPONSmILITlES The CONTRACTOR shall perfonn the duties and atcept the responsibilities set forth below in CQ]lnection with the operation, maintenance, and administration of fixed route CAT and paratransit systems. Operations CONTRACTOR shall provide the necessary management, technical and operating services for the operation of fixed route, special event. paratransit and other services as specified by the COUNTY. CONTRACTOR shall assist and cooperate with COUNTY in meeting the objectives of providing quality transportation services. CONTRACTOR shall perlorm close liaison activities. coordination, and cooperation with COUNTY on matters related to operations. monitoring, reporting and service performance measurements. S'(SteDl Plannine and Administration CONTRACTOR is responsible for all planning activities relative to CAT routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements. approval of all plannlng documents, budgets, grant applications and related documentation, contract monitoring and other such activities rela.tive 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 Route Using vehicles and equipment provided or funded by the COUNTY, CONTRACTOR will operate fixed route bus services as specified by COUNTY. Fixed 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 safe, professional, and courteous manner. Service hour.s may vary over the term of the CONTRACT depending upon funding considerations. . In the event that a fixed route operates more than ten (10) minutes behind schedule, CONTRACTOR shall take all available :steps to restore on-time performance. . CONTRACfOR shall establish procedures. subject to COUNTY review and approval. to restore on-time performance. . CONTRACTOR is responsible for developing and distributing all schedule blocks and run cuts in conformity with COUNTY'S prior approval and specifications. . A dispatcher is required to be em duty in the fixed route dispatch office at all times while buses are in service. Detailed logs must be kept on all communicati.ons. . Drivers, when requested by COUN1Y. will hand out notices to paSsengers or otherwise render assistance in COUNTY'S customer relations, pr.omotion, monitoring. and supervisory functions. . Drivers will be required to assure chat each patron pays the appropriate fare. . Drivers will be required to honor fares as determined 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 and assist in securing wheelchairs and scoote.rs. Page 11 of 30 " Agenda Item No. 1688 October 28, 2008 Page 17 of 44 · Drivers will be required to announce all ADA required stops through the P A system, as outlined by the COUN1Y. . Drivers must fill Qut a pre-trip and post-trip inspection forms. · The CONTRACTOR must provide a reliable monitoring program to insure a high. performance capability. The CONTRACTOR will be responsible for accumulating data and reports that assist in identifying service improvements. · The CONTRACTOR must implement a program that provides adequat~ supervision throughout the transit system's service area. Parau8Dsit Service The CONTRACTOR shall. el13urc that similar operation; maintenance and administrative oversight and management duties and responsibilities are undertaken for the paratransit system. CONTRACTOR shall propose a qualifications-based subcontractor selection process within ten daYB of contract award. CONTRAcrOR shall conduct all subcontractor selection and negotiation process with the advice and consent of COUNTY. CONTRACTOR shall cause this process to be completed 30 days before service delivery inception as defined in the subcontract. At a minimum, the CONTRACTOR will be responsible for the successful delivery of all scheduled paratransit ttips with the passenger pick-ups occurring within fifteen (15) minutes of the scheduled pick:-up time. Special 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. All passenger fares (if any) for the special events service are the property of the COUNTY and are to be accounted for and deposited using the same procedures followed for the reguJar operntions on the fixed route service. SAFETY CONTRAcrOR shall assume fuJI responsibility for assuring that the safety of passengers, personnel. members of the public and COUNTY'S vehicles and equipment are maintained at the highest possible level throughout the term of this CON1RACT. In this regard, the CONtRAcrOR 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 fOT safety. The following, at a minimum, are to be included in the Safety Program: Safety Reviews 8Dd Accident Prevention The program will include provisions to regularly review all 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. Eme1"2encv PreDaration CONTRACTOR will develop procedures and provide training programs to address all types of emergency situations, including accidents, crime/security incidents, and inclement weather. Page 12 of 30 " - Agenda Item No. 1688 October 28, 2008 Page 18 of 44 i .>, ~~~~ ~ ,. AccideotJIncideot Resoonse aod ReDortin2 CONTRACTOR shall develop and implement procedures, subject to COUNTY review and approval, to respond to and report all accidents and incidents. Such OCCU1J"ences 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 reported promptly to the Collier County Sheriff or other appropriate police unit, as wen as the COUNn'. Accident Investiotioo. "tim~ aIld Follow-uD CONTRACTOR wiD 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 rc:view will establish the need. (and schedule. as necessary) for any corrective training, operating guideline revision. or equipment maintenance or technical correction required, together with a follow-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 Re<ruirements Program will encompass provisions for meeting ADA public transit requirements. including the policies, regulations and trai.ning 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. whcelcllair lift standee poUcies. operation of bus kneeling feature. public address system. boarding and securing of the mobility devices, senrice animal regulations, and an awareness of a variety of di sabilities and the medical symptoms or risks associated with them. Drne and Alcohol Testine: Pr01!t1lm The CONTRACfOR will implement a Drug and Alcohol Testing Program that complies with 49 CFR Part 655. COUNfY will reimburse CONTRACI'OR for all required tests. Monthly reports must be submitted to the COUNTY documenting the details of the tests that bave been. administered. The annual Federal Management Information System (MIS) re.ports with specific fixed route and paratransit infonnation are to be submitted to COUNTY each year. The CONTRACTOR must permit the COUNl'Y and any authorized representative of US DOT to inspect facilities, and records associated with the program. The Drug and Alcohol Testing Program requirements will be reflected in the Accident Response procedures. The CONTRACTOR agrees further to certify to Collier County annually its compliance with Part 655. To certify compliance. the CONTRAcrOR shall use the "Substance Abuse Certifications" in the .. Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements." which is published annually in the Federal Register. CUSTOMER SERVICE Tbe CONTRAcroR will operate a Customer Service Program, which accomplishes the foHowing: Customer Inouities. ComDlaints aod Commendations A main focus of the Customer Service Program is handling aU customer/public inquiries, complaints or commendations received by mail. f~ e-mail, phone, or in person. The Customer Information Service hours will be Monday - Saturday from 6:00 a.m. to 7:00 p.m. The hours may be extended in the future if a need is identified. All inquiries, complaints. or commendations shall be recorded on Page 13 of 30 . " Agenda Item No. 108. b--~" ; October 28, 2008 :. : Page 19 of 44 a permanent customer comment form. The comments are to be routed to the appropriate department for research and follow-up actions. Detailed questions and all complaints must receive follow-up responses to customers within three (3) working days of receipt. An important requirement of the program is supervision of inform.ation 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 quality and level consistent with customer demand.. Computerized Database~ Customer Complaints, Comments. and Commendation.s 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 than eight (8) working days old which have not resulted in a completed investiga.tion and follow-up response (telephone or written) to the customer must be listed separately and forwarded to the COUNTY. Ticket/Pass Sales Prolmlm CONTRACTOR 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 win accept payment by cash, check, and money order. A mail-in ticket and pass program must also to be provided, All revenues from the sales program are to be included in the passenger fare deposits. The CONTRACTOR must provi de complete accountability to the COUNTY fOT this progl'am. A periodic inventory of tickets and passes will be conducted at the COUNTY'S request. Oneratinl! a Lost and Found Pr02r8ID Customer Service will be responsible for managing all lost and found articles from buses or at transit facilities. This may include fieldi.ng inquiries on the phone or in person at tne Customer Service Information Office. Photo Identification Cards CONTRACTOR may be asked 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 Complementary Paratransit ADA services. Customer Service will record information and prepare an LD. at the CONTRACTOR'S facility for all eligible passengers requiring the discounted fare. Information on the recipients will be entered and maintained on a database. MAINTENANCE CONTRACTOR shall provide information and training to COUNTY staff regarding compliance with all applicable requirements of Federal and State, statutes or regulations in connection 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, CONTRACTOR'S preventive maintenance program shan adhere to the preventive maintenance schedu.les 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. Page 14 of 30 Agenda Item No. 16B8 October 28,2008 Page 20 of 44 Vehicle TowinJ! In the event that towing of any COUNTY-owned vehicle is required due to mechanical failure, damage, etc., CONTRACTOR shan be responsible to arrange such towing. through a c;ompany selected by the COUNTY. The COUNTY will reimburse the towing Contractor for service provided. VEHICLE SERVICING AND CLEANING Daily Vehicle Servictne CONTRACTOR shall perform daily vehicle servicing on all fixed route vehicles and equipment. For purposes of this CONTRACT, daily servicing shall include, but not be limited to: . Fueling . Engine oil, coolant, transmission fluid, and windshield washer check/add . Farebo;w;: vault pulling and replacement . Tire inspection (air pressure, tread depth, and wear) . Bra1ce check . Exterior and interior light operations . Interior sweeping and dusting . Exterior and interior visual inspection . Identify unreported damage CONTRACTOR shaJ] develop, implement, and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for COUNTY review for two (2) years. Similar standJlrds shouldbe developed for county owned vehicles out stationed to paratransit service sub-contractors. Vehiele Cleanine CONTRACTOR shall mainta:in buses in a clean and neat condition at all 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, St3ncruons, and grab rails shall be thoroughly cleaned as necessary. but at least every fourteen (14) days. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as necessary, but at least quarterly. Upholstery damage shall be scheduled for repair immediately upon discovery. Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts and door edge guards shall 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 vennin and insects from all vehicles immediately upon their discovery, utilizing safe, non-hazardous and EP A approved insecticides/materials. Similar standards should be developed for county owned vehicles out stationed to paratransit service sub-contractors. Page 15 of 30 : Agenda Item No. 1688 October 28,2008 Page 21 of 44 f.... I . . Bus StoD. Transfer Center. Transit Amenities Maintenance. Clea.Din2 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, replacement of light bulbs, painting, graffiti removal, and insect removal/treatment CONTRACTOR will be responsible for monitoring an bus stops, shelters, and other transit amenities on a regular basis and reporting any maintenance problems to the 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 CONTRACTOR'S field supervisors and the transit system bus operators may be utilized as a mOnitoring resource. Customer comments and requests will also provide infonnation relared to the bus stop maintenance requirements. · Upon notification, the CONTRACTOR will clean and maintain the improvements and grounds at all bU.'l stop sign. bench, and shelter locations. · Unsightly conditions reported to the CONTRACfOR by the COUNTY or (be public will be corrected within forty-eight (48) hours. · Hazardous conditions such as damaged facilities will be responded to as quickly as possible. The CONTRACTOR will be initially responsible for labor and materials used in the performance 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 managing the CAT bus stop and shelter program and undertaking designated repairs. This includes the fonowing responsibilities: Bus Stop Inventon: 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 Pro!Tam Performing the ongoing maintenance of existing signposrs, trash receptacles, shelters and benches at stops, including repair. removal, and relocation of bus stop materials. Sima2e Parts Inventorv Tile CONTRACTOR will maintain the inventory of all sign faces and posts by type. and advise the COUNTY wh~n additional faces and posts need to be ordered. The COUNTY 'Will reimburse the CONTRACTOR for all sign faces and posts. Sto)) and Route Evaluation Evaluating requests for additional stops and routes and making recommendations to COUNTY on stop and route additions, removals and 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 Agenda Item No. 1688 --,-: October 28,2008 Page 22 of 44 . . REVENUE COLLECTION. RECONCILIATION 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. ' . CONTRACI'OR shall reimbUl'Se COUNTY for any reyenue missing or stolen from vehicles or facilities. COUNTY and CONTRACTOR 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 stnJcture for the paratransit system. Any change in the fare structure or trip rates authorized by the COUNTY will be implemented by the CONTRACTOR in the manner and at the time prescribed by COUNTY. . Drivers shall be required to assure that each patron pays the appropriate fare prior to being provided transportation service. The CON1RACTOR may waive the passenger fare when appropriate in order to maintain appropriate customer relations. Procedures outlining the waiving of passenger fares shall be identified in the CONlRAcrOR'S Policies and Procedures Manual. . Drivers will not handle cash or make change for passengers. .. Drivers will :record ridership counts by passenger category. . CONTRACfOR shall maintain the security of the farcboxes on the buses and the associated revenue collection system. Drivers will 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 must be a minimum of two staff members in the vault room during the count . AU 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 REPOR~ CONTRACTOR must maintain detailed records in all areas of the operation. This information is vital to ensure compliance with county, federal and state requirements and to enable a thorough monitoring and evaluation of the sysrem, including riderShip, revenue, maintenance activities, service efficiency and effectiveness and custom.er feedback. . The CONTRACTOR must develop and 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 TUOJltb prior to service start-up. and is to be approved by COUNTY prior to start-up. The following are to be incorporated in the CON1RACTOR'S record keeping/reporting plan: . All data and records collected pertinent to the CONTRAcr must be accessible in the fonn of a hard copy and an electronic medium to the COUNTY at any time. Page 17 of 30 Aaenda Item No. 1688 ~ October 28.2008 Page 23 of 44 . " (Microsoft EXCEL, Word, or software approved by the COUNTY) This information 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 pursuant to 49 C.F.R. 18.36(1), .as well Florida DOT or Florida Commission for the Transportation Disadvantaged authorized representatives. · The CONTRACTOR agrees to maintain all books, ~COrds, accounts, and reports required under this CONTRACT for a period not less than five (5) years after the date of termination or expiration of this CONTRACT. · Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports. computer assisted design or drafting disks and other technical data, prepared or developed by CONfRACTOR under this Agreement shall be delivered [0 the COUNTY upon request and shall become the propeny of COUNTY. · CON'TRACIOR is responsible for preparing the National Transit Database report (fonnerly Section 15 report), and compiling info01lation regarding the service, including vehicle revenue hours; vehicle mileage, passenger trips, and service failures for the preparation of the National Transit Database report. This report is critical [0 receipt of federal funding and the CONTRACTOR must ensure that all deadlines established by Ff A for receipt of report and any follow-up responses are adhered to. · The CONTRACTOR will be required to report all Accounting information including Revenue and Expense infonnarion using the Uniform System of Accounts (USOA) as a reference document The CONTRACTOR muSt maintain the accounts and records necessary to meet the requirements specified in the: USDA. Additionally, all accounting infonnation must be reported to the COUN1Y in a format that will allow the COUNTY to generate the electronic invoices using the Electronic Clearing House Operation (ECHO) program. · CONTRACTOR will be required to maintalU aU infonnation necessary for an FTA reviews. including all FTA Triennial Review information. Inforrnatio.n penaining to the triennial review must be maintained in a filing cabinet sorted by the twenty-two (22) general areas of review. This infannation must a.lso 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 CONTRAcroR shall submit for the ere, a certified Annual Operating Report (AOR), [0 the Commission for the Transportation Disadvantaged by September 15th each year with a copy provided to the Collier County MPO. The AOR must be submitted to tbe Local Coordinating Board for review prior to submitting it to the Commission for the Transportation Disadvantaged. · The CONTRACTOR shall comply with the Transportation Disadvantaged Program Standards for Coordinators. REQUIRED REPORTS The following reports are to be submitted to the COUNTY according to the specified frequency: Operations Reports Page 18 000 r Agenda Item No. 1688 October 28,2008 Page 24 of 44 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 will 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 any incident and its resolution. 2) Daily Operating Report . Total runs 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 tri.ps . Acci~ts (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 bos 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 Jate cancellati.ons and no~show paratransit trips with details of circumstances and causation Monthlv Reoorts . Total number of major and minor mechanical failures (by bus number and run 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 Safety Reoo.l1.S 1) Monthly Drug and Alcohol Testing Infonnation Page 19 of 30 Agenda Item No. 16B8 October 28, 2008 Page 25 of 44 .. . . Number of tests administe~d by personnel category and all positive and negative results for the folJowing categories: · Pre-employment · Post Accident · Random. · Reasonable Suspicion . Return to Duty 2) Monthly Accident Statistics · Preventable and Non preventable · Passenger Injuries · New Workers Compensation Injuries, Injuries per 100 employees · Incidents 3) Accident Reporting Dispatch Memorandum of Accident (including drug & alcohol testing requirements) as per page 18 "Safety Requirements". · Supervisors Accident Report . Drivers Accident Report · Police Report · Safety Department Follow up Report Revenue Reuorts 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 Revenue and Ridership Report Reports shall be due by the tenth (10th) day of each month for service provided in the preceding month. Customer Service Monthlv ReDorts · ComplainulCommendations · Copy of each complaint and commendation · Summary of follow-up action · Summary of number of complaints and commendations by issue Personnel Revorts - Monthly · Total Positions by Department and Classification - Required, Filled and Vacant · Number of Employees in Training (by Department) Page 20 of 30 Agenda Item No. 1688 October 28, 2008 Page 26 of 44 County Notification - Immediatelv . Accidents (any County vehicle or passenger) . Incidents that delay route more than 10 minutes . Missed trips . Major bus failure (any disa.bled bus) . Detour or deviation off nOIlDal routes, this includes doo.dhcad routes ORGANlZA nON AND PERSONNEL PLAN The CONTRACTOR will provide an organization and personnel plan identifying staffing levels for each depattment. 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 the life of the CONTRACT, the CONTRACfOR is ~quired to develop revisions to tbis plan to ensure the delivery of quality transit service. Msnal!f.ment CONTRACTOR shall provide management staffing at a level and capability sufficient to oversee its functions and employees. CONTRACfOR 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 AGREEIv.IENT. The appointment of the CONTRACTOR's General Manager is subject to and contingent upon the approval of the COUNTY. The General Manager shall work cooperatively with the COUNTY'S Alternative Transportation Modes Director in matters relating to service quality, providing operational and other data as described in this Scope of Work, responding to comments from fixed route and paratransit passengers and the general public, and n:sponding to specific requests for other assistance as the need arises. CONTRACfOR shall assure COUNTY that the General Manager designated for this project will not be replaced without the written consent of COUNTY. Should the services of the General Manager become unavailable to CONTRACfOR; 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 not provided with such notic:e by the departing employee. COUNTY shall respond to CONTRACTOR within tbree (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement General Manager. . Any new General Manager must be adc:quately briefed of ongoing and upcoming issues by the departing General Manager. The office of the General Manager will be physically IOc.<.ltcd 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~to-day CAT operations or provide coordination as necessary, and shall be authorized to act on behalf of CONTRACTOR regarding all matters pertaining to this Scope of Work. Page 21 of 30 ." Agenda Item No. 1688 October 28, 2008 Page 27 of 44 I:,: " . ," EmDlovee Screenine: and Selection CONTRACTOR shall use appropriate screening and selection criteria to employ all staff. A detailed method for the selection of aU employees must be developed by CONTRACfOR and approved by COUNTY. The selection method must identify a process for evaluating minimum requirements. The following needs to be addressed in the scrc:cning and selection program: · Proven ability in the area of customer service. This is vital to the delivery of quality tran.sit services · Review of driving ability for all employees operating transit vehicles · References of past employment · Drug 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. formal 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. AU COUNTY- approved costs will be reimbrmed 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. CONTRACTOR shall prepare and di,stribute 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 policies and procedures; farebox policies and procedures; fog and inclement weather policy: vehicle inspection, care and maintenance poHcy and procedures, reporting procedures and pertinent sampl.e 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 e. bus in revenue service. This certification requires a minimum of eighty (80) hours of training for each operator, full and part-time. The minimum eighty (80) hours shall include the eight (8) hour minimum National Safety Council Defensive Driving Course or equivalent. with satisfactory scores. It 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 categories: 1) passenger relations, 2) accident reponing 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 rmesher tritining 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 Agenda Item No. 16B8 October 28,2008 Page 28 of 44 . . . ., satisfy the paratransit service pas~geI Assistance: Training/Sensitivity requirement of Rule 14-90. Additionally, the CONTRACTOR'S Crainer shall conduct and document an on-board evaluation with each operator. The CONTRACTOR is responsible faT. 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 ~uirements shall develop a comprehensive, on-going ts:aining program. The COUNTY will strictly enforce compliance with the ADA law. SJlPervision The CONTRACTOR'S supervision program must ensure that a high quality level of service is being delivered to fix.ed route and paratransit passengers. The CONTRACTOR to meet the above goal should evaluate supes:v.isor-staffing levels in all departments carefully, Supervisors must have and maintain an appropriate Commercial Driver' slicense or other appropriate license. The CONTRACTOR must document and report to the COUNTY all instances where supexviso.rs and dispatchers are used as operators. The CONTRACTOR m.ust develop a plan for ensuring adequate supervision in these instances. Uoiforms CONTRACTOR personnel who perform front line customer duties shall wear an official CAT uniform. The CONTRACfOR may not alter or replace uniform pans without the express approval of the COUNTY. Supervisors must be in uniform when on duty. The plan should include tbe proposed uniform pieces and supplier; however., the COUNTY determines the system logo, name, and colors. Operators an.d street supervisors must be clean and presentable at all ti.mes. The uniform may not be worn when ped'onning duties or engaged in activities not related to the fixed route or paratransit systems. COUNTY will reimburse CONTRACTOR for all approved uniform costs. Eoual Emu)oVD!ent ODoortunitv IEEO)/Aff'lI"DUltive Action CONTRACIDR must develop and implement an BEO and Affmnative Action program that meets or exceeds all federal, state, and COUNTY policies. CONTRACI'OR to prepare EEQ program that complies with FTA Circular 4704.1 "Equal Employment Opportunity Program Guidelines for G1:ant Recipients" and submit to COUNTY by January 1 of each year. CONlRACI'OR to update program and submit annually to COUNTY. PERFORMANCE STANDARDS The CONTRACTOR will penonn all transit services required by the CONTRACf according to the performance standards set forth in Section 4 - Scope of Work. These standards are the minimum acceptable requirements for services peIform.edunder this contract. The: CONTRACTOR'S plans and procedures. submitted with the PROPOSAL, shall incorporate actions necessary to provide service according to these minimum standards. The COUNTY has developed these standards with whic:1:1 the CONTRACTOR is expected to comply to insure that the COUNTY'S transit services, employee performance and vehicles meet COUNfY standards. Failure by the CONTRACTOR to meet these standards could result in the COUNTY Page 23 of 30 Agenda Item No. 1688 October 28, 2008 Page 29 of 44 .' .' .. .,. assessing an appropriate liquidated damage amount for each incident of non-compliance. The COUNTY has established specific performance standards related to the following: · V chicle maintenance · Operating requirements . V chicle cleanliness · ADA compliance · Safety requirements · Reponing requirements Fixed Route Bus Ooerations The following perfozmance requirements 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) Paratransit Operations The following performance requirements apply: · All scheduled pick-ups must be accomplished · All pick-ups must occur within fifteen (15) minutes of the scheduJed pick-up time VetUde Cleanliness CONTRACTOR shall maintain fixed route vehicles in a clean and neat condition at all times. CONTRACI'OR is responsible for the following: · 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 CONTRACTOR 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 the wheelchair lift platform 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 (P A) system Safety Requirements The CONTRACTOR. is responsible for Complying with alJ of the following: · Reporting all passenger or vehicle accidents to COUNTY promptly within One (1) hour of occurrence and following up with required detailed written accident report witlUn three (3) days · All provisions of the System Safety Program Plan must be complied with Page 24 of 30 .. Agenda Item No. 1688 October 28, 2008 Page 30 of 44 " Reoortine; 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 complaint receipt . Completing investigation and follow-up response on customer complaints within seven (7) working days of complaint receipt . All incidents Ilnd accidents must be reported to the COUNTY in accordance to the definitions, limits and timelines of the United Stated Department of Transponation (USDOT) Federal Transit Administration (FTA), the Florida DOT, and the Florida Commission for the Transportation Disadvantaged . Submitting required monthly reports and documentation as outlined in 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 complaint receipt . Completing investigation and follow-up response on customer complaints within seven (7) working days of complaint receipt LIOUIDATED DAMAGES For performance not delivered in aeeordancc with this contract, tne COUNTY shaH incur additiotlal elCpense, Joss 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 perfonn.ance norms causes passengers to file complaints and make multiple cans [0 ensure tbat trips are properly booked and delivered. The actual damages caused by such a breech uncertain or difficult to accurately estimate or prove. For this reason, Liquidated Damages may be assessed against the CONTRACI'OR fot the below specified violations: Liquidated Damages for Operating Requirements For each instance in which the CONTRACI'OR fails to comply with operating r.equirements 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 that are beyond the CONTRACTOR'S control, such as passenger or. driver illness. significant traffic deJays, weather conditions or accidents not involving CAT, non-preventable accidents involving CAT, road closures and repairs causing delays or rerouting. parades or special events. Pailure 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 assessed ten dollars ($10.00) per occurrence. Liquidated Damages tor Vehicle Cleanliness For each instance in which the CONTRAcrOR fails to comply with the yehicle cleanliness specifications of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. Page 25 of 30 Agenda Item No. 1688 October 28, 2008 Page 31 of 44 I . . " .. ,. Liquidated Damages for ADA Compliance For each i.nstance in which the CONTRACTOR fails to comply with the ADA requirements of this CONTRACf, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. Liquidated Damages for Safety Requirements Liquidated damages may be assessed at the rate of two hundred dollars ($200.00) per occurrence for failure to report an accident involving a COUNTY owned vehicle or bus. All 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 accidcnts/inci dents 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 doUars ($50.00) per day of delay in submitting completed required reports and documentation from the required deadline. COUNfY 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 Service Liqui<hted damages may be assessed at the rate of fifty dollars ($50.00) per occurrence for any complaint recorded with Customer Service in which: · tbe customer's comments have not resulted in an initial verbal and/or written response. to complaint within three (3) working 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 CONTRACTOR of the assessment and receive any explanation from the CONTRACTOR. CONTRACfOR shall be required to provide a written and/or verbal explanation for COUNTY. Upon receiving the explanation, COUNTY shall determine whether or nol to assess liquidated damages. Liquidated damages shaJI be deducted from subsequent payment(s) due CON1RACfOR. Liquidated 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. TURNOVER PROCEDURE Upon tennmationof this AGREEMENT. CONTRACfOR shall return all COUNTY-owned vehicles and equipment to COUNTY ready for use, with no deferred maintenance or damage. Page 26 of 30 ,. ~ ATTACBMENT3 COST PROPOSAL AD amounts subject to revision by County. ESTIMATED COST BREAKDOWN McDonald Transit Associates S...d:t>n 42.926">FIxed:roUfB re'enu~ h.tJfirs D/rn'D8,.trsn.,t servlCil FY 2005- FY 2006- FV 2007- 06 07 08 TOTALS LABOR General Manaaer 93 282 97,521 102 018 292 822 SUDDDrt Staff 277 191 284,12B 291,166 852,4a5 ODerators 657 016 673 319 692.662 2 022.997 ParatTanslt SUDoort Staff 357,098 372 238 386 058 1.115 391 FRINGE BENEFITS .FICA 77.704 79 626 B1,812 239 143 Pension Plans 30,472 31 226 3.2.083 93781 Hospital. Medical and Dental 162.,608 180494 200.349 543.451 life Insurance 6,275 6,275 0.275 18,824 Unemolovrnent Insurance 16.064 16265 16494 48.B22 Sick Leave 46,880 46 040 49,359 144,279 I-lolidav 31~ 32 027 32.906 96 1136 Other Paid Absence 0 0 0 0 Other lincludino workers comO) 131.440 134 466 137,963 403.870 SERVICES ManaaemElnt Service Fee 89.381 Sl2.30B 95.526 277.214 Advertisina Fees 20,000 20,600 21,216 61.81 B Professional and Technical Services 0 0 0 0 Safetv Incentive 3,400 3.350 3,350 10.100 Customer Service Incentive 0 0 0 0 Other 12.419 12.753 13,097 38.270 MATEmALS AND SUPPLIES CONSUMED Fuel and Lubricants , 1.250 11.925 12,640 35,815 Tires and Tubes 0 0 0 0 Other Materials and Sunnlk:ls 8.499 8.682 8,870 26,051 CASUAL TV AND LIABILITY COSTS Premiums tor Phvalcal Damaae Insuranoe :31,878 31,878 31,878 95.634 Premium for Public liability and General 0 LiabilitY Insurance 158.600 164.844 171,336 494.780 Other Insurance Premiums 7,400 7.622 7,851 22.873 Page 27 of 30 , .- Agenda Item No. 1688 October 28.2008 Page 33 of 44 ~ . , ,. FY20OS- FY2006- FY 2007. 06 D7 08 TOTALS TAXES Federal Income Tax 0 0 0 0 Other Taxes 0 0 0 0 PURCHASED TRANSPORTAnON SERVICES Contracted Transportation Servioes 2,302,708 2,426.108 2,575.323 7.304,140 Other 0 0 0 0 MISCEL.LANEOUS EXPENSES Dues and Subscriotions ',061 1.093 ','26 3279 Travel and MilesQ6 2.122 2.186 2,251 6559 Trainino 0 0 0 0 Comouters and Related EQuipment 0 0 0 0 Radios and Related EQuipment 0 0 0 0 Office EQuioment Rental 0 0 0 0 Office Furniture 0 0 0 0 Office Supplies 4800 4.656 4515 13,972 Postaoe 1.200 1236 1273 3.709 Other 14000 14,000 14,000 42 000 SUBTOTALS 4,556,002 4 75B,B64 4,993.400 14,308,265 PROFIT 0 Calculated at 2.5% of subtotal (fixed rot.tte) 47,405 49,013 50,801 147.218 Caloulated E1t 2.5% of subtotal foaratransit\ 66.495 69,959 74,034 21 0.488 TOTALS 4.669.902 4.877,836 5.118,235 14.665.972 Page 28 of 30 I , ~.. ..' Agenda Item No. 1688 October 28.2008 Page 34 of 44 COSTING RATES FY 2006-06 FY 2006-07 FY 2007-08 TOTALS Monthl Administrative Fee Annual Administrative Fee Administrative Fee. Minimum Administrative Fe. Per Paratransit Trl Fixed Route Cost Per Hour Flate Out of Area Annual Administrative Cost Annual Fixed Route Cost Annual Paratranslt Cost Total Cow $15.00 $15.00 $15,00 $27.50 $27.50 $27.50 $28.50 + $28.50 + $26.50 + ~1.50/mile $1.50/mile $1.50/mlle Base+ Base+ Base+ 1.50lmile $1.50/mile $1.50fmile $ 538,760 $ 562 067 $ 583,600 $1,665 427 $1,760,938 $1 8'9,702 $1.885 27S $5465,917 $2 369 203 $2 496 066 ,649.358 $7,514626 $4 El69 902 $4,877 836 14 665.972 this estimated coat proposal is baled on the data In the AFP. It does not constitute a fixed price bid. Page 29 of 30 Agenda Item No. 1688 October 28, 2008 Page 35 of 44 . ,.' '"" ATTACHMENT 4 RISK MANAGEMENT h \'.:d [~(lUll' Contractor procures and is reimbursed for: Commercial General Liability Business Auto Liability Umbrella Liability Workers Compensation All Risk Fire and E):tended Coverage Vehicle/Automobile Physical Damage Frd:elity Bonds Employment Practice Liability $5,000,000 $5,000;000 $10,000;(:)00 in excess of $5,000,000 Statutory Limi ts Current VaIne $10,000,000 $50,000 $1,00Q',000 each OCCWTence . P,\R.\TJ~Ai\'SlT Contracto.r. inspects each subcontractor vehicle and d0cuments conditions., insurance coverage, and latest inspection Subcontractor procures and is compensated' through the trip rate for: Automobile LiabiJitY$l,ObO.ooo COI >, 1'\ \1:\1:\ 1"l:'N,\NCI County procures and charges to the tmnsit fund: Garage keepers Liability Coverage $1,000,000 Page 30 of 30 J CEPlTIFICA TE OF INSURANCE PRODUCER JOHN BURNHAM AND COMPANY SUITE 2400 This certificate provides information only, and confers no rights upon the certit1c:ate holder. It does not cbaDge, Ilmend,. extend, or alter the coverage afforded by the policies that are listed below. COMPANY A National Interstate Insurance Company SAN DIEGO, CA 92101-2476 Contact 750 B STREET INSURED COLLIER TRANSIT MANAGEMENT, INC. 2901 COUN1Y BARN RD. UNIT #3 P.O. BOX 2910 NAPLES, FL 34112 THIS CERnFlES THAT THE POLICIES OF INSURANCE THAT ARE LISTED BEL.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED POLICY PERIOD. THE INSURANCE PROVIDED BY THE POLICIES L1S1"ED BEL.OW IS SUBJECT TO ALl OF THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NO REQUIREMENT, TERM, OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFlCATE MAY BE ISSUED OR MAY PERTAIN SHALL. EXTEND THE POLICY PERIOD OR CHANGE THE COVERAGE OR CONomONS PROVIDED BY ~ CC POLICY POLICY I TI TYPE OF INSURANCE J 'UITC! COMMERCIAL GENERAL UABILlTV GENERALAGr.a~nATE $5,000,000 . A Occurrence Form GLA 0241723-04 01/1712005 01/1712006 PRODUCTS - COMPfOP AGO PERSONAL" ADV INJURY $5,000,000 $5 000 000 FIRE DAMAGE ranv one f\nll MED EXPENSE (any Ontl perMln) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $5,000,000 . Any Auto CAR 0241723-04 01/17/2005 01/1712006 A . All Owned Autos HODIL Y INJURY (per person) . Scheduled Aum. BODlL. Y INJURY (per accident) . Hired Autos . Non-owned Autoll PROPERTY DAMAGE AUTOMOBILE PHYSICAL DAMAGE II CoUIslon . Actual Caah Value A . Other Than Collision CAR 0241723-04 01/1712005 01/17/2006 ill Stated Amount I $5,oa<:1Oeductibla - Collision II Scheduled Vahlcles Only I 55.00qOeductlbla - Other Than Collialon EXCESS liABILITY EACH OCCURRENCE: $5,000,000 A . Umbrella Form EXR 0241723-04 01/17/2005 01/1712006 AGGREGATE: . Other than Umbrella Form SELF INSURED RETENTlON: WORKERS COMPENSATION . STATUTORY LIMITS AND EMPLOYERS' LIABILITY EACH ACCIDENT: DISEASE. POLICY LlMrr: DISEASE. EACH EMPLOYEE: OTHER Excess Liability EXR 1241723-00 01/17/2005 01/1712006 5,000,000 x 10,000,000 A Description: CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PURSUANT TO THE TERMS AND CONDITIONS OF THE POLlCY(IES) . REFERENCED A80ve AND LOSS PAYEE AS RESPECTS SCHEDULED VEHICLES. EFFECTiVE 1/17104. CERTIFICATE HOLDER COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRAlL, EAST NAPLES, FL 34112 CANCELLATION Should any of the policies Iisled above be canceled before the expiration dale, the company will endeavor to mail 3D days written notice to the certificate holder named on the left, but failure 10 mail such notice shall Impose no obligation or liability upon the company, its agents or representatives. ~f, a $0/40 AUTHORIZED REPRESENTATIVE ,', OCT-B4-211l0S 15:46 ~.. SWETT CRAI.IFtJ<D Agenda Item No. 1688 October 28.2008 Page 37 of 44 1 727 S30 9076 P .1112 D Swett & Crawford 18167 U.S. Hwy 19 North Suite 330 Clt::s:rwater, FL 33764 Phone: (72i) 536-1006 FBlI;: (721) 530-9076 To: Nancy Tagaloni John Burnham & Company 750 "B" Street, Suite 2400 DtltE: Octo~ 4, 2005 From: Devenia BUrton San Diego, CA 92101-2476 Ag1lIJCyFa:x: 619-236-9134 Reaw ProdDeer Fax: Agency :Pbolle: 619~231-101D Rebllt Producer Phoae: INSURANCE BINDER In accordance with your latest instructions and in reliance upon the statements made in your application/submission, we have effected insurance as follows. As the representative of the insured it is incumbent upon you to review the terms of this binder carefal.Iy as the co'\mragc, terms and conditions will often be diffem1t than those requested. SWelt & Crawtord and its affiliated companies disclaim any responsibility for your failure to reconcile the original submission with covas.ges bound herein. INSURED: MaBing Address: COlnpany: Potic:y Period: Binder Period: Cove~: PoJicy No.: rROP~TY Perils Iusured: Limits of Liability: ValuAtio>>: Coinsul"8JI ce: DedDctib~: Total Values: Collier TI3I1Sit MaIJSgen1ent, Inc. 290] County Bam Road. Unit #3 Naples, FL 34112 St. Paul Surplus Lines Insurance Company 10/01/'2005 to: 10101/'1006 1 010 1 /'200.5 to: 1210 1 /2005 12:01 3.m. Standard Time at the mailing address of the Insured. This binder will be terminated and supersedo1 upon delivery offonnal policy(ies), certiticate(s), or cover note(s) issued to replace it Commcrci81 Package Policy SFOSS31169 Direct Physical Loss or Damage, excluding Flood and Earthquake Spt:ciBl Direct Physical Loss or Damage, excluding Wind, Hail, Flood and Earthquake; Pollution; Mold or Bacteria.; Terrorism &; War Business Pcrnonal Property of the Insured Each Event $ 50,000 Business Personal Property Loc #12901 CountyBern Rd. Unit 3 Naples, FL 34112 ReplacemEll1t Cost 90% $ $ 1 ,000 Each Event, all covered perils, 50,000 Total Insured Values Page I of 3 OCT-04-2005 15:46 SWETT CRA\l.FDRD Agenda Item No. 1688 October 28, 2008 Page 38 of 44 1 727 S30 9076 P . f33 ", ..~ Collier Transit Managemen~ Ine. Policy No.: SF05S31169 PREMIUM Toial Premillm/Fees: $ 1,020.00 Prt:mium - Including SlO.OO Terrorism Charge 35.00 Policy Fee 150.00 Inspection Fee 4.00 FLHMPATF 60.25 SUlplus Unes Tax 3.01 ~ce Fee 1,272.26 Total Premium Annual M.initman & Deposit 2SC'/o Minimum Earned lit Inception; 1000,1, Minimum Earned on Fees Company is: Non~Admitted TERMS AND CONDITIONS: Per Insurance Company Form includiug but not limited to: CaneeUation Provi.s.Ions: 30 Days Notice of Cancellation except 10 days for non-pay.tnJmt Qfpremiwn. No FLAT CllJ1Ccllations. Absolutely no c:xc:eptions, Other Conditions: PROPERTY: Mandatl:lry Forms and Endorsements, Including but not Limi~ to: Introduction (eJI;ccpt Texas) 322] 0 or Introduction (Tell:&S Only) 34797; What To Do lfVou Have A Loss 40814; Service of LaW5Uit S 180; Property Coverage Summary 42563; Commercial Property Policy Jacket Front 40220; Jacket Back 40200; Geneml Rules 800; Property Cov&age Summary 42563 (03..03); Mold or Bacteria Exclusion W0037; 25 Minimum Premiwn Earned &dorscmcot 8578; Minimum Percentage orEamed Premium Endorsement @OO2D; Optional Forms and Endorsements, Includlng but not Li:m.ited to Property Protection ~ Special Cause of LoSt WOOl 7 42629 Windstonn and Hail Exclusion Protective Safeguards Endorsements 42507 (Tb.ef: coverage is subject to operable CSA) Excludes: Windstorm; Hail; FI.ood~ Earthquake; Seepa~ Pollution; Mold or Bacteria; Terrorism & War Forms applicable are subject to the terms and conditions oflhe cOlnpaoy's policy(les) or certificatc:(s) to follow, unless otherwise specified: Page 2 of 3 .~ !.1 Agenda Item No. 1688 October 28,2008 Page 39 of 44 1 7Z7 5313 9l2l?6 P . 04 DCT-B4-2005 15:47 SWETT CRAWFERD Collier Transit Management, lne. Policy No.: SF05531169 Subject To: WE MUST HAVE FUU.Y COMPLETED APPUCATIONS WITH SIGNATURES (TIm INSURED'S AND YOU nIB AGENT MUST SIGN) WITHIN TEN (IO) DAYS OF EFFECTIVE DATE. CARRIER WILL SEND CANCELLA TIONNOTICE IF THIS IS NOT RECEIVED. Ifbound, any discrepancies reyealed can result in additional premium charges and may jeopardize coverage. PLEASE BE ADVISED TIlE NAME INSURED ON YOUR APP IS EXACTLY HOW THE POllCY IS lYPED. Claims Notification: Promptly report all claims or incide:o.ts directly to the St Paul Claim Center, 1-800-787-2.851, which is available 24bours a day, 7 days a week This biader is issued with the authority oftbe iDsurer(s) and is issued by the undersigned without any liability whatsoevcr as an insurer. Please:inspect tDis binder carefully as the coverages bound may deviate from those requested in your original application. Swett & Cl'1lwford By: (Mmc D. Arnold) Binder Cancellation Provision: This binder is subject to the cancellation provisions as found in the policy(ies) or certificate(s). In addition, this binder may be cancelled in accordance wilb the policy(ies) provisions by the lnsnred by sum:ndc:r thereof to Swett & Crawford or any of its authori:zed agents or by mailing to Swett & Crawford written notice stating when thereafter the cancellation shalt be effective. The insu:rancc: effected under this binder can be cancelled by the Insurer or its authorized agent (suoject to statutory regulatiooJ;) by maillrtg, to the Insured at tho address stated on the face of this binder, written notice stating when such cancellation shall be cffCGtive. The mailing of notice as aforesaid shall be sufficient proof of notice. Delivery of such written DOtice eri.tbCl'" by the Iu.surcr or by Swett & Crawford shall be equivalrot to mailing. In the event of clUlcdlation by the Insured, the earned pm:oium would be subject to the minimum earned premil.ll1l ifapplicable. Page 3 of 3 I "" QCT-e4-20\1lS 15:47 SWETT ~ .,. ARROWHEAD"GEN.ERAL lNSURANCli'. AGENCY OF FLOIUJ>A. INC. PROC!!SSlNO CENTER: AlUlOWHEAO CATASTROPHE lUSl{ MANAOER.8 6OS5 WSl< BLVD., SAN DIEGO, CA. 92121 . '1 Agenda Item No. 1688 October 28, 2008 Page 40 of 44 1 727 530 91376 P. 06 FOllCOMI'ANY USii &fFCllIlw Dallz: 10/Q1/.lIlO$ .ladiallioI. Hlll1lblr: 7823641' PolIcy Number. HtI01170)14 Commen:ial WlniSIHail InsuraIKe Binder lndependenco Casualty and Surety Company A.M. BEST RATED A - (&cellent), Financial Sizx: Categozy IX (S2S0M-S500M) ACCOUNT INlfORMATION NlIJDc: CollicrnansitM8DagClIK"l1t Inc A.ddress: 4500 Mtrroandle PI_ SIC 307, Clty/SfaR>: Fc. Worth, TX Zip Codlr 76137 Total /I of Lccntlons: I Total #- of BuIldings: 1 PRODUCER INFOR1\IIA TION Name: Swett Crawfotd Phone: (727)536.1006 Code: S60623 Agent jeff cbast" EaWI: jelf:..chuo@swdLC011l The temls otTen><<! below 1II&y difibr tiom what wu requested 011 your tpp!i1:ladon. "Pl_ eumine alI1crml1lU1d eoudltions carelWly befo~ ~l:1ltillll to your cIfent. It Is )'OUT mponsibility 10 clarIfY all coYenlJe issue with your c.licnr prim to binding. A. copy of OUT policy fOODS and Ippl icable mdorsemenlll _ aY1Llllallle in tho daCUl1Jllllr <:QQtI:r on our websillil. or you m.y ccmlllCt your \uldcrwrlltlT dlreClIy. Yau do not have authority ~ bind go~ 81/ reqIJcl8l to billil COVeI'llge mast be &1>bmltted to Amlwllcad. Co_ge is not bolllld until )'011 receive Ylrhlen COlIfirmation fl'tlll1 115. LOCATION ~ J BUILDING!? 1 Ad~s: 2901 COl1l\hy BIlI'1I Rd. Valt 3 DescripllotC Bus TerminaJ CDinsuralWC: 100% VallIlllion: Roplaocmcnt Cost Cov8red Prll erty LimIt ., bs1lrllD"8 Hurricalle Dedactible "B.lldillg S1lalness PenDDa! Property B1uiD_lncome M8IItlaly LimIt or IAdnolWy NA o.dioll_ OT La.... N so 1:50,000 $0 s LOC!. TlON ill : l.oaIlion '1 CitylSwelZip: Noples, 3<1112 Canraee JuformJltioa TmorISll1 Coverage!: N ApplkatiOll of Dedm:rible: Coverage Basis Addiliollol Propeny COVSI'lISC: N ACCOUNT SUMMARy, Ptemiwn GllInd Total IDspcetion Fee Orand Total Company Polley Fee SUlplllB Unl!$ Policy Fee EMJ'AT Fcc Surplus Lines Tilt I"SLSO SQVicc Fce PREMIUM 1,000.00 120.00 12S.OO 35.00 4.00 64.00 3.20 Frem!1IM Bnd Fee.! OrllIld Torel J,3~ 1.20 I coMMENTS: S% DBDUCfL9I.ES OP.fERED. -Keith Hc;rlIllon All Other WiadlHen Dedulllible $2,500 5% n,500 S% 11,,, insurance is i.s1Ied pu.nnlIIIIt to the :Plorida SurpllU Lines Law. "c:rson~ inwred by Surplus Lines CaniC1S do nor hAve tha prolcetlon of the Florldllln$urance Qua Act tQ IIle ex"""! of any risf1t oft"l<QO~ for tbe obli ~f;on oroll Insolvent unItccn_d insurer. I." DCT-04-200S 15:47 Agenda Item No. 1688 October 28,2008 Page41 of 44 1 7Z7 S30 9076 P. 07 ";"I " st.ETT c~ .L" ^ royal Qf risk illlUbjcet to itlSpCCtIon. w~ will DOt hOllor COVlUa(lIllbr IIIl)' risk tbat c10cs not meet tJndawridDg Guidelines.. 5t1bjoct lu. minimUlrl t8J1UlCI praniwn of3S"~. Ifpolh;y il; in dfilct only cIlIring storm _on. miIIirrnIm ealneo;l premium ofgO"~ willllpJlly. .Fees _ twly carum. To: 817-232-9560 09/24/08 02:.11 PM Page 5 of 7 From: CrotteauKathynell Agenda Item No. 1688 October 28,2008 Page 42 of 44 ~TAMENDMENTTOAGREEMENT THIS FIRST AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 23m day of September, 2008, by and between MCDONALD TR.A.~SIT ASSOCIATES, INC., whose address is 4500 Mercantile Plaza Drive, Suite 307, Fort Worth, Texas 76137 (hereinafter referred to as "Contractor"), and THE BOARD OF COUNTY COMMJ.SS10NERS OF COLLIER COUNTY, FLORIDA AS mE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). - RECIT ALS: WHEREAS, the Contractor and the County entered into an Agreement on September 27, Z005 (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 tl1at the compensation for years four and five was to be negotia.ted during year three of the 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 Agreemenl 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 0 f 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 Agreemtml year, as aIljusted on a monthly basis by any change in the Consumer 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: CrotteauKathynell Agenda Item No. 1688 October 28.2008 Page 43 of 44 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: 1. 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 remaining portion of the fourth and subsequent fifth year of this Agreement shall be negotiated during the first half at the third yeOf oUhis ..\g-r~emeBt 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 March 31, 2008, then the parties shall mediate the issue in accordance with COWlty'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 for the remaining (we years term of this Agreement after that date. the CunlractoI will continue to provide the same 1evt;} of service it provided during the third Agreement year, at the same level of compensation provided by the contract it reeeived in the third Agreement year, as adjusted on a monthly basis thereafter by any change in the Consumer Price Index (An Urb'illl 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, aU 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 parlies with respect to the matters set forth in this Amendment. 5. This Amendment shall be recorded by the County, at the expense of the County, in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Amendment by the County. IN WITNESS WHEREOF, the parties hereto have executed the foregoing First Amendment to Agreement Lhe date and year first written above. To: 817-232-9560 09/24/08 02:11 PM Page 7 of 7 From: CrotteauKathynell Agenda Item No. 1688 October 28,2008 Page 44 of 44 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: . ~;'d ~;N, ),. DWIGHT.f':BROCl)." Clerk . ". . ..~ .ot .... By:'. t =:' "".:;.,,: ~-.' putyClerk r. . . .a. . f...... i '. faut....,:-&.}../ ~ ' .. ~7f ...,;'t..... Approved"as to form and legal sufficiency: ~l2LL Scott R. Teach, Deputy County Attorney ~~ First Witness Br~pQ.a Roden Type pnnt witness name BOARD OF COUNTY COMMISSIONERS COLLlER~~FLO A By: ~rJL-- Tom Henning, Chairman By: By: Robert T. Babbitt. President Typed Signature and Tine T - -