Agenda 09/23/2008 Item #16B 5Item # 16135
September 23, 2008
EXECUTIVE SUMMARY Page 1 of 41
Recommendation for the Board of County Commissioners to approve a First Amendment
to the September 27, 2005, 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 allow an opportunity to mediate the rate of
compensation for the final two years of the Agreement.
OBJECTIVE: To obtain approval from the Board of County Commissioners for an amendment
to an Agreement (the "Agreement ") with McDonald Transit Associates, Inc. ( "Contractor ") to
delay the commencement of the default compensation provisions of the agreement to allow the
Contractor and the County to participate in mediation on October 7, 2008, in an effort to reach a
mutual agreement as to the rate of compensation for the remaining two years of the agreement.
CONSIDERATIONS: The Contractor and the County entered into the Agreement on
September 27, 2005; which pertains to providing consolidated management for the Collier Area
Transit and Paratransit Systems for five years. The Agreement specified the rate of
compensation for years one through three of the Agreement and stated that the compensation for
years four and five was to be negotiated during year three of the Agreement. The Agreement
provides that in the event that the parties could not agree upon the rate of compensation for the
remaining years of the Agreement, they were to mediate the rate of compensation for those
remaining years to reach an agreement. The Agreement further provides that if mediation failed
to result in an agreed rate of future compensation then for the remaining two years of the
Agreement the Contractor would continue to provide the same level of service as provided
during year three of the Agreement, at the same rate of compensation it received in the third
Agreement year, as adjusted on a monthly basis by any change in the Consumer Price Index (the
"CPI rate of compensation ").
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 default rate of compensation until those efforts are concluded.
Approval of the First Amendment to the Agreement will allow the parties to attempt to reach a
mutual agreement, which can then be brought back to the Board for approval.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary as
approval of the First Amendment will retain the status quo rate of compensation under the
Agreement.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office
and is legally sufficient for Board action. —SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the proposed First
Amendment to Agreement and authorizes the Chairman to sign the Amendment on behalf of the
Board.
Prepared by: Scott R. Teach, Deputy County Attorney
Attachments: First Amendment to Agreement, with Exhibits.
Item # 16B5
September 23, 2008
Page 2 of 41
Recommendation for the Board of County Commissioners to approve a First Amendment to the
September 27, 2005, 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 allow an opportunity to mediate the rate of compensation for the final two years of the
Agreement.
Prepared By:
Department Date
County Attorney 9/12/2008 2:12:10 PM
Approved By:
Department Approval Date
Transportation Approved 9/12/2008 2:57 PM
Approved By:
Department Approval Date
County Attorney Approved 9/15/2008 1:39 PM
Approved By:
Department Approval Date
Office of
Management and Approved 9/15/2008 4:16 PM
Budget
Approved By
Department Approval Date
County Approved 9/15/2008 5:13 PM
Manager's Office
Name: Description:
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summary
D McgQaa-c 7r nansi Fir at AmQnd_m@ni_to.AgreQmontpdJ McDonald Transit First Amendment to Agreement
D McDonald transit agreement.pdi McDonald Transit original Agreement
Type:
Executive Summary
Agreement
Agreement
Item # 1665
September 23, 2008
Page 3 of 41
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT ( "Amendment') is made and
entered into this 23d day of September, 2008, by and between MCDONALD TRANSIT
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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County ").
RECITALS:
WHEREAS, the Contractor and the County entered into an Agreement on
September 27, 2005 (hereinafter referred to as the "Agreement'), a copy of which is
attached hereto, to provide consolidated management for the Collier Area Transit and
Paratransit Systems for five years; and
WHEREAS, the Agreement specified the rate of compensation for years one
through three of the Agreement and stated that the compensation for years four and five
was to be negotiated during year three 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 Agreement
they were to mediate the rate of compensation for those remaining years to reach an
agreement; and
WHEREAS, the Agreement further provides that if mediation failed to result in
an agreed rate of future compensation then for the remaining two years of the Agreement
the Contractor would continue to provide the same level of service as provided during
year three of the Agreement, at the same rate of compensation it received in the third
Agreement year, as adjusted on a monthly basis by any change in the 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.
Item # 1665
September 23, 2008
Page 4 of 41
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 "33" 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
yeaF of this Agreemei34 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 the parties fail to reach a mediated
settlement by October 31, 2008, then for the remaining twe years term of this
Agreement after that date, the Contractor will continue to provide the same level
of service it provided during the third Agreement year, at the same level of
compensation provided by the contract it meeived in the third Agreement year,
as adjusted on a monthly basis thereafter by any change in the Consumer Price
Index (All Urban Consumers, U.S. City Average, All Items, Not Seasonally
Adjusted, Base Period 1982 -1984 =100). Payment shall be made to Contractor
promptly upon receipt of a proper invoice and in compliance with Section 218.70
F.S., otherwise known as the "Florida Prompt Payment Act."
3. Except as amended, all other terms and conditions of the September 27, 2005,
Agreement remain in full force and effect. This Amendment and its provisions merge
any prior agreements, if any, between the parties with 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 the date and year fast written above.
Item # 16B5
September 23, 2008
Page 5 of 41
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
La
, Deputy Clerk
INC.
First Witness
Type/print witness name
Second Witness
Type /print witness name
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
Un
Tom Henning, Chairman
MCDONALD TRANSIT ASSOCIATES,
Contractor
By:
Signature
LE
Typed Signature and Title
AGREEMENT
September 23,
Page 6 of 41
THIS AGREEMENT ( "Agreement ") is made and entered into this day of
beJr 2005, by and between MCDONALD TRANSIT 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 COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as
"County').
WITNESSETH:
1. TERMS AND RENEWAL. This Agreement shall commence October 1, 2005, and will
be in effect for five years, terminating September 30, 2010. County has the right to renew this
contract, with the consent of Contractor, under the same terms and conditions for one additional
five -year period. County shall 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,
shall give Contractor written notice of County's intention to extend the Agreement term not less than
30 days prior to the end of the terns.
2. _DUTIES. Except as set forth below, the parties' respective duties are described in
Attachments 1 and 2.
3. COMPENSATION. County shall pay Contractor for the performance of this Agreement:
3.1 A Management Fee. This fee includes all cost and expenses associated with the
salary and related cost of the General Manager, interest on worldng capital, corporate staff
travel, and overhead In addition, this management fee includes the cost of expert
management consultation and advisory assistance in all areas of the public bus transportation
industry as may be reasonably required to assist the General Manager and Collier Area
Transit in the day -to -day operation of the system.
3.2 All other costs and expenses approved by the County for the operation of the
public transit system will be reimbursed to the Contractor by the County upon proper
documentation of expenses incurred, provided however that the County, at its sole discretion,
may provide goods, supplies, materials and services in ldnd.
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 shall be negotiated during the first half of the third year of this
Agreement by the patties, 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
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September 23,
Page 7 of 41
the parties fail to reach a mediated settlement, then 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). Payment shall be made to Contractor promptly upon receipt
of a proper invoice and in compliance with Section 218.70 P.S., otherwise known. as the
"Florida Prompt Payment Act."
4. TERMINATION. County may terminate this Agreement immediately for cause should
the Contractor fail to perform 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 notice 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 termination of this
Agreement. Upon such a request, the parties will negotiate in good faith for a concomitant increase
or decrease in payment to Contractor.
5. ASSIGNMENT AND SUBCONTRACTING. No portion 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
Transportation Alternative Modes Department staff at times and locations to be determined.
8. ADVERTISING. The County shall determine interior and/or exterior advertising
policies on revenue vehicles. All revenue received from advertising on buses shall be paid to the
County. The Contractor shall be responsible for the installation of advertising in or on the buses,
and collection of revenue from the advertiser. This revenue must be documented and deposited with
passenger fares in the County bank account. There shall 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 Transportation Manager or their designee.
9. TBE 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 discretion. 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 option, upon the
expiration or termination of the Agreement, to purchase all or any part of non - revenue equipment not
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September 23,
Page 8 of 41
already purchased by the County and used by the Contractor in the performance of the work
specified in the Agreement at a price equal to that portion of the original cost of the equipment
which has not yet been amortized as of the date the Agreement expires or is terminated.
Amortization shall be deemed to be in accordance with generally accepted accounting principles.
10. INSURANCE. The Contractor shall provide insurance as follows:
10.1 Minimum Limits of Insurance
The Contractor shall maintain limits no less than:
a. Commercial General Liability (Occurrence Form) patterned after the
current I.S.O. form with no limiting endorsements, excluding Garage Liability:
$5,000,000 combined single limit per occurrence for bodily injury, personal injury,
and property damage.
b. Vehicle/Automobile Liability (Owned/non- owned/hired): $5,000,000
combined single limit per accident for bodily injury, personal injury and property
damage including passenger liability.
c. Umbrella Liability: 510,000,000 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 Chapter
440 and all Federal Government Statutory limits and Requirements.
e. All Risk Fire and Extended Coverage for full replacement cost on all
equipment, tools, supplies, and contents used by the Contractor in the performance of
services 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. Fidelity 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 deductible depending upon its size.
h. Employment practice Liability: $1,000,000 each occurrence and
aggregate.
Page 3 of 30
Item # 1665
September 2
Page 9 of 41
i. Performance Bond: It is hereby made a part of this Agreement that the
Performance Bond requirement is waived.
10.2 Deductibles and Self- Insured Retention
Any deductibles or selMnsuted retentions must be declared to and approved by the
County. At the option of the County, either, the insurer shall reduce or eliminate such
deductibles or self - insured retentions in. regard to the deductibles or self - insured
retention's as respects the County, the BCC, 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 arc to contain, or be endorsed to contain, the following provisions:
1. General Uability, Automobile Liability, and Umbrella Liability Coverage
a. The County, the BCC, their officials, agents, employees, and volunteers
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 limitations on
the scope of protection afforded to the County, the BCC, their officials, agents,
employees, and volunteers.
b, The Contractor's insurance coverage shall be primary insurance as
respects the County, the BCC, their officials, agents, employees, and volunteers.
Any insurance or self- insurance maintained by the County, the BCC, 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 reporting provisions of the policies shall not
affect coverage provided to the County, the BCC, 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 andEmolovers' Liability Coverage
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 Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, or canceled by either party, reduced in coverage or in
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- - - Item #-16B5
September 23, 8
Page 10 of 41
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. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A VII or
acceptable to the County.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor 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 ate 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 form acceptable to the County and alt to be received and
approved by the County 30 days after award or commencement of any transition
activity, whichever is earlier.. The Contractor is to commence no activity with regard
to 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
furnish 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 Reauitements
Collier County shall be listed as the Certificate Holder and include as an Additional
Insured on the Comprehensive General Liability Policy.
10.7 Certificate Holder and Requirements
Collier County Board of County Commissioners shall be named as the Certificate
Holder. NOTE: The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
The Certificate must state the Contract Number and Title.
10.8 Cancellation Notice Requirements
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September 23,
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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. INDEMNIPCATION. To the maximum extent permitted by Florida law, th.e
Contractor/Vendor /Consultant shall indemnify and hold harmless Collier County, 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 ContractorNcridor/Consultant or anyone employed or
utilized by the Contractor/Vendor /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 available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12. AMENDMENT AND NOTICES. Except as otherwise provided herein, this Agreement
shall only be amended by mutual written consent of the parties hereto or by their successors in
interest In the event state or 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 shall be sent by Certified
Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed
as follows:
McDonald Transit Associates, Inc.
4500 Mercantile Plaza Drive
Suite 307
Fort Worth, Texas 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.
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September 23,
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13. LEGAL RELATIONSHIP. Contractor is an independent contractor, and is not the legal
representative or agent of the County. Contractor and County have a business relationship based
entirely on and circumscribed by this Agreement. No partnership, joint venture, agency, fiduciary,
or employment relationship is intended or created by reason of this Agreement. Contractor will
exorcise 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 riles and schedules of its employees.
14. LAWS AND PERMITS. Any and all services, materials and equipment shall comply
fully with all Local, State and Federal laws and regulations. In compliance with Section 218.80,
F.S., all permits necessary for the prosecution of the work shall be obtained by Contractor. Payment
for all such 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 purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or
of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of
such violation by the Contractor or if the County or its authorized representative shall deem any
conduct on the part of the Contractor to be objectionable or improper, the County shall have the right
to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the violation is
cured. The Contractor further agrees not to commence operation during the suspension period until
the violation has been corrected to the satisfaction 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 then - 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 Agreement.
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 if herein set out verbatim.
18. SUBJECT TO APPROPRIATION. This Agreement is subject to appropriation by the
Board of County Commissioners.
19. RECORDING. Contractor shall execute the Agreement first and it shall be recorded by
County in the Official Records of Collier County, Florida, within fourteen (14) days after County
executes the Agreement. Contractor shall pay all costs of recording this Agreement. County shall
provide a copy of the recorded document to Contractor upon receipt of the recorded document.
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IN WITNESS WHEREOP, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. $$OCK, Clerk
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to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 11 -4 W
FRED W. COYLE, Chairrn
Typed Signature and
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j of
September 23,
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ATTACHMENTI
COUNTY DUTIES
COUNTY DUTIES AND RESPONSIBILTTTES
The COUNTY has the following responsibilities and performs the following duties with respect to
the fixed route and paratransit services. To the extent reasonable and feasible, CONTRACTOR 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 and 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.
Operations and Maintenance Facility
COUNTY provides the operationstmaintenance facility and maintenance for COUNTY -owned CAT
and paratransit vehicles. COUNTY is responsible for ell utilities and maintenance costs for these
facilities.
Vehicles and Equipment
COUNTY will provide to CONTRACTOR the vehicles set forth in Exhibit "A" (both CAT buses
and paratmnsit). CONTRACTOR must provide any additional paratrausit vehicles as necessary and
may do so through subcontracts.
The CONTACTOR may be required to purchase additional computer equipment .4€ --dte-
CO to req COUNTY will reirnKarse the
CONTRACTOR for the actual cost of the approved computers and software. The COUNTY may
provide all or part of the computer equipment rather than reimbursing the CONTRACTOR. The
CONTRACTOR shall procure with the advice and consent of COUNTY the scheduling software
preferred and specified by COUNTY. The ownership of the software shall remain with COUNTY.
Fluel and Maintenance Costa
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 COUNTY vehicles am in addition to the CONTRACTOR cost proposal.
Schedules, Passes, Tickets, Tokens
CONTRACTOR shall prepare, print, and provide all 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.
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September 23,
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Radio Communication Systems
COUNTY will provide radios on all County-owned fixed route buses and existing County -owned
supervisory vehicles. COUNTY will be responsible for providing and maintaining the radio
communications system. COUNTY will be financially responsible for the cost of the radio Iicense,
all radio equipment and equipment installation. CONTRACTOR must identify and provide
additional radio equipment for any additional Supervisor vehicles, parattansit 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
all or part of the radio communication equipment rather than reimbursing CONTRACTOR.
FareboxeslDestination Signs
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 stole the contents of all fareboxes over night If additional equipment is identified by the
CONTRACTOR and approved by the COUNTY, the CONTRACTOR may be required to purchase
that equipment. The COUNTY will reimburse the CONTRACTOR for the cost of the approved
equipment. COUNTY will provide the destination signs for the buses,
Bus Stun Imprevemmta
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 CONTRACTOR in advance of any road closures,
detours, parades, or other such events under COUNTY jurisdiction, which may interfere with CAT
and paratransit operations or require deviations from established routes or schedules.
Page 10 of 30
September 23,
Page 16 of 41
ATTACHMENT2
CONTRACTOR DUTIES
CONTRACTOR DUTIES AND RESPONSIBILMES
The CONTRACTOR shall perform the duties and accept the responsibilities set forth below in
connection with the operation, maintenance, and administration of fixed route CAT and parau2nsit
systems.
Oaera6ons
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 perform close liaison activities, coordination,
and cooperation with COUNTY on matters related to operations, monitoring, reporting and service
performance measurements.
System Planning and Adadulatradon
CONTRACTOR is responsible for all planning activiti es relative to CAT routes, schedules, days and
hours of operations, bus stop locations, location of bus stop improvements, approval of all planning
documents, budgets, grant applications and related documentation, contract monitoring and other
such activities relative to overall system administration, at COUNTY'S approval. CONTRACTOR
is responsible for the preparation and administration of all grants (federal, state and local) associated
with the operation of the fixed route and paratransit systems.
Fixed 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.$ may vay
over the term of the CONTRACT depending upon funding considerations.
• In the event that a fixed route operates mom than ten (10) minutes behind schedule,
CONTRACTOR shall take all available steps to restore on -time performance.
• CONTRACTOR 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 on duty in the fixed route dispatch office at all times
while buses are in service. Detailed logs must be kept on all communications.
• Drivers, when requested by COUNTY, will hand out notices to passengers or
otherwise render assistance in COUNTY'S customer relations, promotion,
monitoring, and supervisory functions.
• Drivers will be required to assure that each patron pays the appropriate fare,
• Drivers will be required to honor fares as determined by COUNTY.
• Drivers shall have available at all rimes during operation of any bus an accurate
timepiece.
• Drivers will be required to operate the wheelchair lift and kneeling features and assist
in securing wheelchairs and scooters.
Page 11 of 30
Item # 16B5
September 2<
Page 17 of 41
• Drivers will be required to announce all ADA requited stops through the PA system,
as outlined by the COUNTY.
• Drivers must fill out a pre -trip and post -trip inspection forms.
• The CONTRACTOR must provide a reliable monitoring program to insure a high.
perforutance 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 adequate supervision
throughout the transit system's service area.
Pyatransit Service
The CONTRACTOR shall ensure 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 days
of contract award. CONTRACTOR 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 al] scheduled paratransit trips
with the passenger pick -ups occurring within fifteen (15) minutes of the scheduled pick -up time.
Sneeial 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
regular operations on the fixed route service.
SAFETY
CONTRACTOR shall assume full 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 CONTRACT. In this regard, the CONTRACTOR
will develop and implement an ongoing comprehensive safety program covering all aspects of the
system The Safety Program must meet, at a minimum, all applicable Federal, State, and local
regulations including Rule Chapter 14-90. The COUNTY System Safety Program Plan (SSPP) sets
the requirements for safety. The following, at a minimum, are to be included in the Safety Program:
Safety Reviews and Accident 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.
Fmer eencv Preparation
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
September 23,
Page 18 of 41
AccfdeaUlrtcident Response and Reporting
CONTRACTOR shall develop and implement procedures, subject to COUNTY review and
approval, to respond to and report all accidents and incidents. Such occurrences 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 well as the COUNTY.
Accident Investigation, Ratine and Follow -up
CONTRACTOR will develop procedures to investigate, review and rate each accident to determine
if the accident could have been prevented utilizing the National Safety Council definition of
preventability. In addition, this review will establish the need (and schedule, as necessary) for any
corrective training, operating guideline revision, or equipment maintenance or technical correction
required, together 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 Requirements
Program will encompass provisions for meeting ADA public transit requirements, including the
policies, regulations and training of all bus operators in the safe use of all ADA bus equipment.
Requirements include operation of the wheelchair lift equipment, wheelchair tie -down procedures,
wheelchair lift standee policies, operation of bus kneeling feature, public address system, boarding
and securing of the mobility devices, service animal regulations, and an awareness of a variety of
disabilities and the medical symptoms or risks associated with them.
Drue and Alcohol Testing Protrtam
The CONTRACTOR will implement a Drug and Alcohol Testing Program that complies with 49
CFR Part 655. COUNTY will reimburse CONTRACTOR for all required tests. Monthly reports
must be submitted to the COUNTY documenting the details of the tests that have been administered.
The annual Federal Management Information System (MIS) reports with specific fixed route and
paratransit information arc to be submitted to COUNTY each year. The CONTRACTOR must
permit the COUNTY 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 CONTRACTOR 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
The CONTRACTOR will operate a Customer Service Program, which accomplishes the following:
Customer Inquiries, Complaints and Commendations
A main focus of the Customer Service Program is handling all customer /public inquiries, complaints
or commendations received by mail, fax, e-mail, phone, or in person. The Customer Information
Service hours will be Monday — Saturday from 6:00 am. 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
September 23,
Page 19 of 41
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 infomaation 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.
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 concerns must be specified in this report All complaints .more than eight (8) working days
old which have not resulted in a completed investigation and follow -up response (telephone or
written) to the customer must be listed separately and forwarded to the COUNTY.
TickeWass Sales Proom
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 will
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 provide complete accountability to the COUNTY for this program. A
periodic inventory of tickets and passes will be conducted at the COUNTY'S request.
Oneratine a Lost and Found Proeram
Customer Service will be responsible for managing all lost and found articles from buses or at transit
facilities. This may include ,fielding inquiries on the phone or in person at the Customer Service
Information Office.
Photo Identification Cards
CONTRACTOR may be 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
CONT'RACTOR'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 shall adhere to the preventive maintenance schedules 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
Vehicle Towin¢
In the event that towing of any COUNTY -owned
damage, etc., CONTRACTOR shall be responsibl e
selected by the COUNTY. The COUNTY will
provided.
WDIWMWFNVt elasiMARM
item T613-5
September 23, bihh8
Page 20 of 41
vehicle is required due to mechanical failure,
to arrange such towing, through a company
reimburse the towing Contractor for service
Daily Vehicle Servicin¢
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
• Farebox vault pulling and replacement
• Tire inspection (air pressure, tread depth, and wear)
• Brake check
• Exterior and interior light operations
• Interior sweeping and dusting
• Exterior and interior visual inspection
• Identify unreported damage
CONTRACTOR shall develop, implement, and maintain a written 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 standards should be developed for county owned vehicles out stationed to parsiumisit service
sub - contractors.
Vehicle Cleanin¢
CONTRACTOR shall maintain 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, stanchions, and
grab rails shall be thoroughly cleaned as necessary, but at least every fourteen (14) bays. 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 fm of vermin and insects at all times. CONTRACTOR shall exterminate all
vermin and insets from all vehicles immediately upon their discovery, utilizing safe, non - hazardous
and EPA approved insecticidestmaterials.
Similar standards should be developed for county owned vehicles out stationed to paratransit service
sub -contractors.
Page 15 of 30
Item # 1665
September 23,
Page 21 of 41
Bus Stop. Transfer Center, Transit Atn_enities Maintenance, Cleanine
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/meatment CONTRACTOR will be responsible for monitoring all 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 CONTRACTOR 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 information related to the bus stop maintenance requirements.
• Upon notification, the CONTRACTOR will clean and maintain the improvements
and grounds at all bus stop sign, bench, and shelter locations.
• Unsightly conditions reported to the CONTRACTOR by the COUNTY or the 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 CONTRACTOR for the cost of labor and materials.
The CONTRACTOR is responsible for managing the CAT bus stop and shelter program and
undertaking designated repairs. This includes the following responsibilities:
Bus Stop Inventory
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 Stun Shelter Repair Work Order Proeram
Performing the ongoing maintenance of existing signposts, trash receptacles, shelters and benches at
stops, including repair, removal, and relocation of bus stop materials.
Sismin Parts Invertory
The CONTRACTOR will maintain the inventory of all sign faces and posts by type, and advise the
COUNTY when additional faces and posts need to be ordered. The COUNTY will reimburse the
CONTRACTOR for all sign faces and posts.
Stop 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
ncn,a ,uu�
September 23, 698
Page 22 of 41
CONTRACTOR will develop a Plan to assure that revenue collection, reconciliation, reporting, and
deposit procedures meet industry standards and conform to local and federal requirements. This
Plan is to be submitted to COUNTY for review and approval. The following is to be incorporated
into the plan:
• All revenue collected by CONTRACTOR for fixed route, paratransit and special
event service will be the property of the COUNTY.
• CONTRACTOR shall reimburse COUNTY for any revenue missing or stolen from
vehicles or facilities. COUNTY and CONTRACTOR agree to daily reconciliation of
receipts. CONTRACTOR shall prepare reconciliation- reporting system in 30 days
from award of contract.
• COUNTY will establish the faro structure for the fixed route system and trip rate
structure 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 requited to assure that each patron pays the appropriate fare prior to
being provided transportation service. The CONTRACTOR 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 CONTRACTOR'S
Policies and Procedures Manual.
• Drivers will not handle cash or make change for passengers.
• Drivers will record ridership counts by passenger category.
• CONTRACTOR shall maintain the security of the fireboxes on the buses and the
associated revenue collection system. Drivers will immediately report to Dispatch all
problems arising with the fam.box.
• Money is not to be left in fireboxes 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.
• All discrepancies are to be investigated and accompanied with an explanation report
to the COUNTY. This report must be received within two (2) business days of the
discrepancy.
RECORDS AND REPORTS
CONTRACTOR must maintain detailed records in all areas of the operation. This information is
vital to ensure compliance with county, fcderal and state requirements and to enable a thorough
monitoring and evaluation of the system, including ridership, revenue, maintenance activities,
service efficiency and effectiveness and customer feedback
The 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 month
prior to service start-up, and is to be approved by COUNTY prior to start-up. The following are to
be incorporated in the CONTRACTOR'S record keeping/reporting plan:
• All data and records collected pertinent to the CON'T'RACT must be accessible in the
form of a hard copy and an electronic medium to the COUNTY at any time.
Page 17 of 30
September 23,
Page 23 of 41
(Microsoft EXCE, 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(l), as well Florida DOT or Florida
Commission for the Transportation Disadvantaged authorized representatives.
• The CONTRACTOR agrees to maintain all books, records, 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 CONTRACTOR under this
Agreement shall be delivered to the COUNTY upon request and shall become the
property of COUNTY.
• CONTRACTOR is responsible for preparing the National Transit Database report
(formerly Section 15 report), and compiling information 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 to
receipt of federal funding and the CONTRACTOR must ensure that all deadlines
established by FTA 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 information 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 USOA. Additionally, all
accounting information must be reported to the COUNTY 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 maintain all information necessary for all FTA
reviews, including all FTA Triennial Review information. Information pertaining to
the triennial review must be maintained in a filing cabinet sorted by the twenty -two
(22) general areas of review. This information must also be available in a comparable
electronic format sorted in the same manner. When necessary, hard copies of
documents pertaining to the review must be scanned so as to be available
electronically.
The CONTRACTOR shall submit for the CTC, a certified Annual Operating Report
(AOR), to 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 the 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.
REOUIRED REPORTS
The following reports are to be submitted to the COUNTY according to the specified frequency:
Operations Reports
Page 18 of 30
September 23,
Page 24 of 41
The following is an illustrative list of the minimum operational reports required for the fixed route
system. Identical, similar, or lilce -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 trips
• Accidents (any vehicle used in the transit system or passenger)
• Total number of bus failures (identified as major or minor and the reason for the
failure) by bus and run number
• Total number of buses (in service) with inoperable wheelchair lifts identified by bus
number
• Farebox problem, tampering, vandalism etc. by bus number
• list of supervisors driving routes and run number
• Number of dispatchers and supervisors on duty (not driving)
• Number of open runs (driver's) and run number and number of deviations by bus and
run
• Revenue and revenue miles, hours and number of passengers
• Number of late cancellations and no -show paratransit trips with details of
circumstances and causation
Monthly Reports
• Total number of major and minor mechanical failures (by bus number and nut
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 Reports
1) Monthly Drug and Alcohol Testing Information
Page 19 of 30
Item # 16B5
September 23,
Page 25 of 41
Number of tests administered by personnel category and all positive and negative results for
the following categories:
• Pre - employment
• Post Accident
• Random,
• Reasonable Suspicion
• Return to Duty
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 Reports
1) Daily Reconciliation Report
• Ticket Sales
• Cash
• Total Revenue
• Total Deposit
2) Farebox Reports
• Daily Revenue and Ridership Report
• Daily Farebox 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 Monthly Reports
• Complaints/Commendations
• Copy of each complaint and commendation
• Summary of follow -up action
• Summary of number of complaints and commendations by issue
Personnel Reports — Monthly
• Total Positions by Deportment and Classification — Required, Filled and Vacant
• Number of Employees in Training (by Department)
Page 20 of 30
September 23,
Page 26 of 41
County Notification — INmedistelP
• Accidents (any County vehicle or passenger)
• Incidents that delay route more than 10 minutes
• Missed trips
• Major bus failure (any disabled bus)
• Detour or deviation off normal routes, this includes deadhead routes
ORGAMZ.ATION AND PERSONNEL PLAN
The CONTRACTOR will provide an organization and personnel plan identifying staffing levels for
each department. 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 that meets the COUNTY goals. As conditions change
during the life of the CONTRACT, the CONTRACTOR is required to develop revisions to this plan
to ensure the delivery of quality transit service.
Manattemeat
CONTRACTOR shall provide management staffing at a level and capability sufficient to oversee its
functions and employees. CONTRACTOR 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 terms of this AGREEMENT. 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 responding to specific requests for other assistance as the
need arises.
CONTRACTOR 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 CONTRACTOR; 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) wonting days prior to the departure of the incumbent General Manager, unless
CONTRACTOR is not provided with such notice by the departing employee. COUNTY shall
respond to CONTRACTOR within three (3) working days following receipt of these qualifications
concerning acceptance of the candidate for replacement General Manager.
Any new General Manager must be adequately briefed of ongoing and upcoming issues by the
departing General Manager. The office of the General Manager will be physically located at
CONTRACTOR'S operations facility. At all times, the General Manager, or an Operations
Supervisor designated to act for the General Manager, shall be available either by phone or in person
to maim 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
Item # 1665
September 23,
Page 27 of 41
Emnlovee Screening and Selection
CON'T'RACTOR shall use appropriate screening and selection criteria to employ all staff. A detailed
method for the selection of all employees must be developed by CONTRACTOR and approved by
COUNTY. The selection method must identify a process for evaluating minimum requirements.
The following needs to be addressed in the screening and selection program:
• Proven ability in the area of customer service. This is vital to the delivery of quality
transit 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 drugtalcohol testing results to be given to COUNTY
• Job related requirements for each position
• CDL License
• Review of Motor Vehicle Records
• Job description
• Pay Scale
Training
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. All COUNTY -
approved costs will be reimbursed 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 distribute to all operators,
dispatchers, telephone operators, and supervisors a DRIVER'S MANUAL. Contents of the
DRIVER'S MANUAL shall include the following subject areas: drivels rules; accidentlincident
policies; radio policies and procedures; fambox policies and procedures; fog and inclement weather
policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and
pertinent sample farms. For operators, CONTRACTOR must certify in writing, by name, each
individual operator as having satisfactorily completed all requirements and training courses prior to
allowing that individual operator to operate a bus in revenue service. This certification requires a
minimum of eighty (80) 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 tune, 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 reporting procedures, 3) radio communication procedures and codes,
4) schedules, routes, fares, and farebox procedures and, 5) ADA regulations for fixed route
operations, and 6) ADA equipment operation.
To maintain each individual operator's certification, the CONTRACTOR must provide and
document annual refresher training of at least eight (8) hours for each operator covering passenger
relations, operating procedures. ADA regulations and equipment updating. This training must
Page 22 of 30
Item # 1665
September 23, 8
Page 28 of 41
satisfy the paratransit service Passenger Assistance Training/Sensitivity requirement of Rule 14 -90.
Additionally, the CONTRACTOR'S trainer shall conduct and document an on -board evaluation with
each operator.
The CONTRACTOR is responsible for training all operators on the requirements for public transit as
defined in the Americans with Disability Act of 1990 (ADA) requirements. The CONTRACTOR
addressing fixed route ADA requirements shall develop a comprehensive, on -going training
program. The COUNTY will strictly enforce compliance with the ADA law.
Supervision
The CONTRACTOR'S supervision program must ensure that a high quality level of service is being
delivered to fixed route and paratransit passengers. The CONTRACTOR to meet the above goal
should evaluate supervisor-staffing levels in all departments carefully. Supervisors must have and
maintain an appropriate Commercial Driver's License or other appropriate license.
The CONTRACTOR must document and report to the COUNTY all instances where supervisors
and dispatchers are used as operators. The CONTRACTOR must develop a plan for ensuring
adequate supervision in these instances.
Un o
CONTRACTOR personnel who perform front line customer duties shall wear an official CAT
uniform. The CONTRACTOR may not alter or replace uniform parts without the express approval
of the COUNTY. Supervisors must be in uniform when on duty. The plan should include the
proposed uniform pieces and supplier; however, the COUNTY determines the system logo, name,
and colors. Operators and sleet supervisors must be clean and presentable at all, times. The uniform
may not be worn when performing duties or engaged in activities not related to the fixed route or
paratransit systems. COUNTY will reimburse CONTRACTOR for all approved uniform costs.
Equal Employment Onoorturrity fEE0YMBrmative Action
CONTRACTOR must develop and implement an EEO and Affirmative Action program that meets
or exceeds all federal, state, and COUNTY policies.
CONTRACTOR to prepare EEO program that complies with FTA Circular 4704.1 'Equal
Employment Opportunity Program Guidelines for Grant Recipients" and submit to COUNTY by
January 1 of each year. CONTRACTOR to update program and submit annually to COUNTY.
PERFORMANCE STANDARDS
The CONTRACTOR will perform all transit services required by the CONTRACT according to the
performance standards set forth in Section 4 — Scope of Work. These standards are the minimum
acceptable requirements for services performed under 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 which the CONTRACTOR is expected to comply
to insure that the COUNTY S transit services, employee performance and vehicles meet COUNTY
standards. Failure by the CONTRACTOR to meet these standards could result in the COUNTY
Page 23 of 30
September 23,
Page 29 of 41
assessing an appropriate liquidated damage amount for each incident of noncompliance. The
COUNTY has established specific performance standards related to the following:
• Vehiclemaintcnance
• Operating requirements
• Vehicle cleanliness
• ADA compliance
• Safety requirements
• Reporting requirements
Fixed Route Bus Operations
The following performance 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 all designated stops)
Pgrraf asit Operations
The following performance requirements apply:
• All scheduled pick -ups must be accomplished
• All pick -ups must occur within fifteen (15) minutes of the scheduled pick -up time
Vehicle Cleanliness
CONTRACTOR shall maintain fixed route vehicles in a clean and neat condition at all times.
CONTRACTOR 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 Compliance
The CONTRACTOR shall meet the ADA requirements. The CONTRACTOR is responsible for the
following:
• The proper use and maintenance of mobility devices (wheelchair 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 (PA) system
Safety Reaulrements
The CONTRACTOR is responsible for complying with all of the following:
• Repotting all passenger or vehicle accidents to COUNTY promptly within one (1)
hour of occurrence and following up with required detailed written accident report
within three (3) days
• All provisions of the System Safety Program Plan must be complied with
Page 24 of 30
September 23,
Page 30 of 41
BOO in
The CONTRACTOR is responsible for complying with all of the following:
• Submitting Inquired 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 and accidents must be reported to the COUNTY in accordance to the
definitions, limits and timelines of the United Stated Department of Transportation
(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
LIQUIDATED DAMAGES
For performance not delivered in accordance with this contract, the COUNTY shall incur additional
expense, loss of confidence by system users, and negative or adverse bad publicity for the program
and other damages to the COUNTY and the program. System performance outside of performance
norms causes passengers to file complaints and make multiple calls to ensure that 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
CONTRACTOR for the below specified violations:
Liquidated Damages for Operating Requirements
For each instance in which the CONTRACTOR fails to comply with operating requirements
of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00)
per incident. COUNTY may waive liquidated damages for missed trips or late trips when
circumstances exist that are beyond the CONTRACTOR'S control, such as passenger or
driver illness, significant traffic delays, weather conditions or accidents not involving CAT,
non - preventable accidents involving CAT, road closures and repairs causing delays or
rerouting, parades or special events.
Failure to pick up a scheduled paratransit trip will be assessed thirty dollars ($30.00) per
occurrence. Failure to pick up a scheduled paratransit trip within fifteen (15) minutes of its
scheduled pick -up time will be assessed ten dollars ($10.00) per occurrence.
Liquidated Damages for Vehicle Cleanliness
For each instance in which the CONTRACTOR fails to comply with the vehicle cleanliness
specifications of this CONTRACT, liquidated damages may be assessed at the rate of fifty
dollars ($50.00) per incident.
Page 25 of 30
September 23,
Page 31 of 41
Liquidated Damages for ADA Compliance
For each instance in which the CONTRACTOR fails to comply with the ADA requirements
of this CONTRACT, 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 (3200.00) per
occurrence for failure to report an accident involving a COUNTY owned vehicle or bus. AJl
accidents, whether preventable or non - preventable, involving a COUNTY vehicle or bus,
must be reported to the COUNTY designee, immediately followed by a detailed written
accident report within three (3) days.
Reporting all passenger or vehicle accidents /incidents as listed under "Safety
Requirements" (page 29) to COUNTY promptly within one (1) hour of occurrence and
following up with required detailed written accidentlincident report within three (3) days.
Liquidated Damages for Reporting Requirements
Liquidated damages in the amount of fifty dollars ($50.00) per day of delay in submitting
completed required reports and documentation from the required deadline. COUNTY may
not assess this damage if, in the COUNTY'S sole judgment, they are the result of events
which are outside the control of the CONTRACTOR.
Liquidated Dannages for Customer Service
Liquidated damages may be assessed at the rate of fifty dollars ($50.00) per occurrence for
any complaint recorded with Customer Service in which:
• the customer's comments have not resulted in an initial verbal and/or written response
to complaint within three (3) woridng 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. CONTRACTOR shall be
required to provide a written and/or verbal explanation for COUNTY. Upon receiving the
explanation, COUNTY shall determine whether or not to assess liquidated damages. Liquidated
damages shall be deducted from subsequent payment(s) due CONTRACTOR Liquidated damages
are neither a penalty nor forfeiture; they shall compensate the COUNTY solely for the disruption of
service caused by the breech of system standards.
TURNOVER PROCEDURE
Upon tannination of this AGREEMENT, CONTRACTOR shall return all COUNTY -owned
vehicles and equipment to COUNTY ready for use, with no deferred maintenance or damage.
Page 26 of 30
_V
ATTACHN ENT 3
COST PROPOSAL
All amounts subject to revision by County.
ESTIMATED COST BREAKDOWN
McDonald Transit Associates
masadon Ywmxewroq;9nw&mwe noars ffA
parawanair
FY 2005•
06
aervow
FY 2006
07
FY 2007•
06
TOTALS
LABOR
General Manager
93.2821
97,521
102.018
292,822
Support Staff
277191
284,128
291,166
852,485
Operators
857.016
673,319
892 662
2, 997
Paratransit Support Staff
357,098
372.238
386,056
1 1 J 15,391
FRINGE BENEFITS
FICA
77,704
79,626
81,612
239,143
Pension Plans
30472
31 226
32 083
93,781
Hospital, Medical and Dental
162,608
180,494
200,349
543,451
Lire Insurance
6,275
6,275
6,275
18,824
Unemployment Insurance
16,064
16,265
16,494
48,822
Sick Leave
46 880
40.040
49,359
144,279
Holida
312.64
1 32,027
32,906
90,186
Other Paid Absence
0
1 0
0
0
Other (including workers comp)
131.440
134,466
137,963
403,870
SERVICES
Management Service Fee
89,381
92,308
95,526
277.214
Advertising Fees
20,000
20,600
21,216
61.918
Professional and Technical Services
0
0
0
0
Safety Incentive
3,400
3,350
31350
10,100
Customer Service incentive
0
0
0
0
Other
12,419
12,753
13,097
38,270
MATERIALS AND SUPPLIES CONSUMED
Fuel and Lubricants
11 0
11,925
12,640
35.015
Tires and Tubes
0
0
0
0
Other Materials and Supplies
8,499
8.862
8 870
26,051.
CASUALTY AND LIABILITY COSTS
Premiums for Physical Dam Us insurance
-31,8-7-8
31,878
31,878
95,634
Premium for Public Liability and General
Liability Insurance
158,600
164644
171,336
0
4947H0
Other Insurance Premiums
7,400
7,622
7,851
22,873
Page 27 of 30
September 23,
Page 32 of 41
Page 28 of 30
September 23,
Page 33 of 41
FY 2006
06
FY 2008-
07
FY 2007 -
08
TOTALS
TAXES
Federal Income Tax
0
0
0
0
Other Taxes
0
0
0
0
PURCHASED TRANSPORTATION SERVICES
Contracted Transportation Services
2,302,708
1 2,426,108
2,575,323
7,304,140
Other
0
0
D
0
MISCELLANEOUS EXPENSES
Dues and Subscriptions
1,061
'1'093
1 125
3,279
Travel and Mileage
2,122
2186
21251
e,&%
Training
0
0
0
0
Com uters and Related Equipment
0
0
0
0
Radios and Related Equipment
0
0
0
0
Office Equipment Rental
0
0
0
0
Office Fumiture
0
1 0
0
0
Office Supplies
4,800
4,656
4.516
1 13,972
Pomace
1,200
1,236.
1,Z73
3.709
Other
14 000
14,000
14-10--DO-
42-1000
SUBTOTALS
4,566,002
.4,758,a64
4,993 400
14,308,265
PROM
I
1
0
Caloulated at 2.5% of subtotal fbmd route
47.405
49,1313
50.801
147.218
Caloulated at 2.5% of subtotal aratransit
6-6,495-
69,959
74,034
210,488
TOTALS
4 669 902
4,877,836
5 116 235 1
14,665.972
Page 28 of 30
September 23,
Page 33 of 41
COSTING RATES
Page 29 of 30
Item TF I deco
September 23,
Page 34 of 41
FY 2006 -06
FY 2006 -07
FY 2007 -08
TOTALS
Monthly Administrative Fee
15,222
15,819
16,462
Annual Administrative Fee
182,063
189,829
197,544
Administrative Fee - Minimwn
357,098
372,238
386,056
Administrattve Fes Per Paratransit Trip
$2.94
$3.06
$3.18.
Fbcsd Route Cost Per How Rate
1.02
$42.39
$43.92
Paratransit Cost Per Trip
Ambulatory
$15.00
$15.00
$15.00
Wheelchair
$27.50
$27.50
$27.50
Stretcher
$28.50+
1.50 1mile
$28.50+
$1.50/mile
$28.50+
$1.50/mile
Out of Area
Base+
1.50/mile
Basee+
$1.50 /mile
Base+
S1.50/mile
Annual Administrative Cost
539,760
$ 562,067
583,600
$1,6a5.427
Annual Fixed Route Cost
$1,760,938
$1,819,702
$1,885,276
$5,465,917
Annual Paratransit Cost
$2,369,203
$2,496,066
$2,649,358
$7,514,628
Total Costs
$4,669,902
$4,877 836
$5,118,235
14,665,972
This estimated cost proposal Is based on the data In the RFP. It does not constitute a fixed
price bid.
Page 29 of 30
Item TF I deco
September 23,
Page 34 of 41
September 23,
Page 35 of 41
ATTACHMENT 4
RISK MANAGEMENT
Contractor procures and is reimbursed for
Commercial General Liability $5,000,000
Business Auto Liability $5,000 ;000
Umbrella Liability $10,000,000 in excess of $5,000,000
Worker Compensation Statutory Limits
All Risk Fire and Extended Coverage Current Value
VchicielAutomobile Physical Damage $10,000,000
Fidelity Bonds $50,000
Employment Practice liability $1,0WOW each occurrence .
Contractor inspects each subcontractor vehicle and documents conditions, insurance
coverage, and latest inspection
Subcontractor procures and is compensated' through the trip rate for:
Automobile liability
County procures and charges to the transit fund:
j#� ttI
Garage keepers Liability Coverage 3L0001000
Page 30 of 30
CERTIFICATE OF INSURANCE
PRODUCER
JOHN BURNHAM AND COMPANY
SUITE 2400
SAN DIEGO, CA 92101 -2476
INSURED
COLLIER TRANSIT MANAGEMENT, INC.
2901 COUNTY BARN RD. UNIT #3
P.O. BOX 2910
NAPLES, FL 34112
September 23,
Date of IssLP?9@i'C;*6d541
cettUleate provides tutormation only, and confers no rights upon the
grate holder. It does not change, amend, .extend, or alter the
rage afforded by the poll ies that are listed below.
Interstate Insurance Company
THIS CERTIFIES THAT THE POLICIES OF INSURANCE THAT ARE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED POLICY
PERIOD. THE INSURANCE PROVIDED BY THE POLICIES LISTED BELOW 19 SUBJECT TO ALL OF THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NO REGUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN SHALL EXTEND THE POLICY PERIOD OR CHANGE THE COVERAGE OR CONDITIONS PROVIDED BY
I.1 DN VMCO
cc
CANCELLATION
COLLIER COUNTY, FLORIDA
POLICY
POLICY
company will endeavor to mail 30 days written notice to the certificate holder
LT
I TYPE OF INSURANCE
3301 TAMIAMI TRAIL, EAST
liability upon the company, its agents or representatives.
NAPLES, FL 34712
AUTHORIZED � ■,��1 `�yL
COMMERCIAL GENERAL LIABILITY
GENERAL AO
$5,000,000
PRODUCTS- COMP/OP AGO
A
Occurrence Form
GLR 0241723 -04
01/17/2005
01/172006
PERSONAL a ADV INJURY
$5,000,000
EACH OCCURRENCE
$5,000,000
FIRE DAMAGE an oneera
MED EXPENSE (any one parson)
AUTOMOBILE LIABILITY
0 Any Auto
CAR 0241723 -04
01/172005
01/172006
COMBINED SINGLE LIMIT
$5,000,000
A
N All OPnad Aube
BODILY INJURY (pr parson)
BODILY INJURY (Per accident)
IM Scheeubd Au[
iii Hired AM.
0 Nor o nets AUlos
PROPERTY DAMAGE
AUTOMOBILE PHYSICAL DAMAGE
ji CoUMlon
N Actual Cash Value
'A'
2 Oaor Than Collision
$5,110 DeduedMe- Collision
$e. DeducBWe- Otte, Then Collision
CAR 0241723 -04
01/172005
01/172006
,
® Stated Amount
Scheduled VShlcles Oral
A
EXCESS LIABILITY
, Umbrella Form
EXR 0241723 -04
01/172005
01/172006
cH OCCURRENCE:
$5,000,000
AGGflEGATE:
Other than Umbrella Form
SELF INSURED RETENTION:
WORKERS COMPENSATION
STATUTORY LIMITS
AND EMPLOYERS' LIABILITY
EACH ACCIDENT:
DISEASE . POLICY UMIT:
DISEASE - EACH EMPLOYEE:
OTHER
Excess Liability
EXR 1241723 -00
01/172005
01/172006
5,000,000 x 10,000,000
A
Description: CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PURSUANT TO THE TERMS AND CONDITIONS OFTHE POLICY(IES)
REFERENCED ABOVE AND LOSS PAYEEAS RESPECTS SCHEDULED VEHICLES - EFFECTIVE 1/17104.
CERTIFICATE HOLDER
CANCELLATION
COLLIER COUNTY, FLORIDA
Should any of the policies listed above be canceled before the expiration date, the
company will endeavor to mail 30 days written notice to the certificate holder
BOARD OF COUNTY COMMISSIONERS
named on the left, but failure to mall such notice shall Impose no obligation or
3301 TAMIAMI TRAIL, EAST
liability upon the company, its agents or representatives.
NAPLES, FL 34712
AUTHORIZED � ■,��1 `�yL
I irRlj/�►.7T
REPRESENTATIVE ! • __ ■//
OCT-04-2eoS 15:46 SAET -r azpla
4
fly Swett & Crawford
-- Item # 1665
September 22
Page 37 of 41
1 727 530 9076 P.02
18167 U.S. Hwy 19 North
Saute 330
Clearwater, FL 33764
Phone: (727) 536 -1006
Pau: 0727) $30-9076
To: Nancy Tagaloni Date: October4,2005
John Burnham & Company From: Devdaa Burton
750 "B" Street, Suite 2400
San Diego, CA 92101.2476
Agency Fu: 619- 236.9134 Agency Phone: 619- 231 -1010
Retail Producer Fax: Retail Producer Phone:
INSURANCE BINDER
In accordance with your latest instructions and in rehance upon the statements made in year application/submissu m, we
have effected insurance as follows. As the represetlt idw of the insured it is incumbent upon you to review the [emus of
this binder carefully as the coverage, terms and conditions will often be different than those requested. Swett & Crawford
and its affiliated companies disclaim any responsibility for your failure to reconcile the original submission with coverages
bound herein.
INSURED:
Collier Transit Management, Inc.
MallingAddreas:
2901 County Bam Road, Unit #3
Naples, FL 34112
Company:
St. Paul Surplus Lkrs Inananco Company
Policy Period:
10/01/2005 to•. l0/0120C16
Hinder-Period:
101012005 to: 12/01/2005
12:01 a.m. Standard Time at the mailing address of the Insured This binder will be
terminated and superseded upon delivery of farrW policy(ies), certificate(s), or cover
notc(s) issued to replace it
Covaeager
Commercial Package Policy
Policy No.:
SF05531169
PRUPTY
Perils Insured:
Direct Physical Loss or Damage, excluding Flood and Earthquake
Special
Direct Physical Loss or Damage, excluding Wind, Hail, Flood and Earthquake, Pollution;
Mold or Bacteria; Tettorurn & War
Business Personal Property of the Insured
Limits of Liability:
Each Evan
S 50,000 Business Personal Property Los #12901 County Bam Rd. Unfit 3
Napes, FL 34112
Valuation:
Replacement Cost
Coinsurance•,
90"A
Deduciiblesr
S 1,000 Each Event, all covered Perlis,
Total Values:
S 50,000 Total Insured Values
Page i of 3
OCT-e4 -2005 1546 sWEfT CRPUFt7RD
Collier Transit Management, Inc.
Policy No.: SFM31169
Total Premium/Fees:
Company is:
1,020.00
35.00
150.00
4.00
6025
3.01
1,272.26
1 727 530 9076
Premium — Including 520.00 Tassori rn Charge
Policy Fee
intip=dou Fee
FL EMPATF
Surplus Lines Tax
service Fee -
TOW Premium
Annual Muumtmn & Deposit
25 %Minimum Banned at Inception; 100%Minimu n Earned on Fees
Nun - Admitted
U--.. u 4coc
September 23
PPaacle 38 of 41
TERMS AND CON Per Ineunm= Company Form including but not limited to:
Cancellation Provislons: 30 Days Notice of Cancellation except 10 days for non - payment ofprernium. No FLAT
cancellations. Absolutely noatceptimn.
Other Conditions;
PROPERTY:
Mandatory Forms and Endorsements, Including but not Limited to:
Introduction (except Texas) 32210 or Introduction (Texas Only) 34797;
Whet To Do If You Have A Loss 40814;
Service of Lawsuit $180;
Property Coverage Summary 42563;
Commercial Property Policy Jacket Fret 40220;
Jacket Back 40200; General Rules 800;
Property Coverage Summary 42563 (03.03);
Mold or Bacteria Exclusion W0037;
25 Minimum Premium Earned Fndorwinent 8578;
Minimum Percentage of Earned Premium Endorsement @0020;
Optional Forms and Endo aoIIlmlS, Including but not Limited to
Property Protection - Spocial Cause of Loss W0017
42629 Windstorm and Bail Exclusion
Protective Safeguards Eudoreemeots 42507 (Tbeti coverage is subject to Operable CSA)
Excludes: Windstorm; Frail; Flood; EarthqualoG Seepage; Pollution; Mold or Bacteria;
Terrorism Bc War
Forms applicable are subject to the terms and conditions of the company's policy(ies) or ecrtfmcato(s) to follow, unless
otherwise specified:
Page 2 of 3
racnIrr ivua
September 23
Page 39 of 41
OC"r -04 -2695 1S =47 SWETT CRf d� 1 727 530 9076 P.
Collier Transit Management, Inc.
Policy No.: MSS31169
Subject To: WE MUST HAVE FULLY COMPLETHD APPLICATIONS WITH SIGNATURES
(THE INSUREDS AND YOU THE AGENT MUST SIGN) WITIi N TEN (I0) DAYS
OF EFFECTIVE DATA CARRIER WILL SEND CANCELLATION NOTICE IF
THIS IS NOT RECEIVED.
If bound, my discrepancies revealed can result in additional premium charges and may
jeopardize coverage. PLEASE BE ADVISED THE NAME INSURED ON YOUR APP
IS EXACTLY HOW THE POLICY IS TYPED -
Claims Notification. Promptly report all claims or incidents directly to the St Paul Claim Center,
1- 800 -787 -2851, which is available 24 hours a day, 7 days a week
This binder is issued with the authority of the fosure (s) and is issued by the undersigned without any liability
whataoem as an insurer. Please inspect this binder carefully as the coverages bound may deviate from those requested
in your original application.
Swett At Crawford
lar•
Adak D. Anwld)
Binder Cancollatioe Provision:
This binder is subject to the cancellation Provision as found in the policy(ies) or certiflcate(s). In addition, this binder
may be cancelled in accordance with the policy(ies) Provisions by the hunred by surrender thereof to Swett &
Crawford or any of its authorized agents of by mailing to Swett & Crawford written notice stating when thereafter the
cancellation shall be effocdve. The insurance effected under this binder can be cancelled by the htaurer or its
authorized agent (subject to statutory tegulatiama) by mailing, to the Insured at the address stated on the face of this
binder, written notice stating when snub cancellation shall be effective. The trailing of notice as aforesaid shall be
suffrcleat proof of notice. Delivery of such written notice either by the Insure or by Swett & Crawford shall be
equivalent to mailing. In the event of cancellation by the Insured, the earned premium would be subject to the
minimum caned premium if applicable.
Page 3 of 3
OCT-04 -2005 15:47 s&77 CRAWORD
ARROWHEAD' GENERAL INSURANCE AGENCY OF FLORIDA, INC.
PROCESSING CBNM: ARROWHEAD CATASTROPHE RISK MANAGM
W55 LUSK BLVD., SAN DIEGO, G 92121
1 727 530 9076
FOa COMPANYMB
Eftotiwwtm lomvm
LdYatbu Number. M3667
Peuw Numbs. RRO2170374
Commefdgl WhWnlait Insuralaw Binder
mdependswo Cnenalty and Shifty CAP W
A.M. BEST RATBD A - (Exorlleatj Financial Size Category D1 (S25OM- SSOOM)
Item # 1665
September 23,
Page 40 of 41
P.
ACCOUNT INFORMATION
PRODUCER INFORMATION
Nemc: Collier TrarmltMSOegemrntino
Name: Swett Crawford
Addnu! 6500 MarwmBe Plata Sue 307,
Phone: C737)736.1006
L91yidWro: Fr. Wordy TX
Code: 560623
Zip Code: 76137
Agent, Jeff cbac
Total n of Locations: 1 Total V of Buildings: 1
Bvull: jtt chuemswemcorc
The terms oRatod below rmey dinar lfom weal vrn requested on your applindon. Plsse examine all trams and conditions casrin0y befoue
pteaonting to your chant It is your responsibility to eierHy all coverage issues with your client prim m binding. A copy of our policy rorfve
and applicable aulosaeurevu am aveilablo in the docmruotacnmr on aocwaboae -oryou nuy content your nndetwrlhr dbenly. You du not
Isvc authority W bind oovmagc, all re4um to bind ca er p rrwr be mbmived to Atrawlwd. Cowsge is not bound until you rec tft Wdven
Genf rtnation Trash W.
fACATIONOI BUI,DING,91
Add=s 2901 Century Barn Rd. Unit 3
Dmarlprlonc Bus Terrine!
Coinsuranoe: 100%
Valustion: Replacement Can
L/mn of
Hurricane
AR OtbM Wind/Hall
Covered Pro eM
IYearanea
Dedactude
Dedaa®le
BdMSng
SO
Bodnsa Perwoal Property
550,000
$2,100 5%
17,500 5%
Vaitl s Income
50
Man"I.imft of ledsnatty NA
Ordiosaceor Law N
S
LOCATION N 1: Lontlon dl
Citynune?Zip: Neplc, 36112
Caysage Information
Terrori6m Coverage; N
Appikatico of Deductible: Coverage Boris
Additioval Property Coveage: N
ACCOUNT SUMMARY: PREMIUM
Premium Grand ToW 11000.00
Inspection Fee (hand Total 12040
Caop"Y Policy Fee 125.00
Surplm Una; Policy FCC 33.00
EbOAT Fee 6.00
Surplus Lines Tax 66.00
PSLSO Service FM 330
Prwnban and Fees Umnd Taal 1.351.2a
COMMENTS: $% DEDUCTIBLES OFFERED. -Keith Hmvdon
The insurance is isrund inueuant Co the Florida Stapvta Linn ILW. Percent bummed by Smplas Liter Cmrion, do not bays the protection ofthe
Florida Insurance Owntmv Act W the exh et of arty dght oframvmr for Ina obliaation.fen Imolveot unllnne sd Imurer.
OCT -04 -2005 15:47 54ETf CRHIJFVRU
1 727 SM 9076
Item # 1665
September 23,
Pale 41 of 41
ApptWdofdikit x4ed m impestloa.WawllluAho arrvuaga forany risk duedoes notmect Uaderwddn Oddelinm
subject to a minimum =mad w=ium of Dsw UpoUcy is In atRct only du[ing amm aeaeml, rdoimlmi named pnemiva of8696 will ¢ply.
Fax am fully xmad.