Resolution 2020-31459 RESOLUTION NO. 2020-31459
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD AND QUALITY OF LIFE COMMITTEE, AT ITS FEBRUARY 3,
2020 MEETING, TO MODIFY THE SOUTH BEACH TROLLEY ROUTE, AND
WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST
INTEREST, AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 10
TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND
LIMOUSINES OF SOUTH FLORIDA, INC (LSF), FOR TURN-KEY OPERATIONS
AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE
CITY OF MIAMI BEACH; SAID AMENDMENT (1) APPROVING A TERM
EXTENSION FORMULA, IN LIEU OF PAYING LSF FOR ANY UNRECOVERED
FIXED COSTS, INCURRED DURING THE SUSPENSION PERIOD; (2)
APPROVING THE NEW SERVICE PLAN FOR SOUTH BEACH; (3)AUTHORIZING
THE CITY MANAGER TO MAKE OPERATIONAL CHANGES TO THE
AGREEMENT, INCLUDING APPROVING THE PURCHASE AND USE OF
REPLACEMENT TROLLEY VEHICLES (EVEN IF OLDER THAN THE YEAR 2016);
PROVIDED SUCH ADMINISTRATIVE CHANGES DO NOT INCREASE THE
ANNUAL OPERATING COST OF THE CITY'S TROLLEY SERVICE; AND (4)
MODIFYING OTHER MISCELLANEOUS PROVISIONS OF THE AGREEMENT;
AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE FINAL NEGOTIATED AMENDMENT.
WHEREAS, on April 30, 2014, the City Commission approved the award of Invitation to
Bid (ITB) No. 2014-154-SR for Turn-Key Trolley Operations and Maintenance Services to
Limousines of South Florida, Inc. (LSF); and
WHEREAS, on May 8, 2014, the City and LSF executed the Agreement, which Agreement
was subsequently modified pursuant to Amendments 1 through 9; and
WHEREAS, in an effort to reduce wait times and improve reliability and frequency of the
South Beach Trolley service while complying with the City Commission's most recent directive to
keep service to Belle Isle, the Administration has developed a new service plan for the South Beach
Trolley in collaboration with the affected communities; and
WHEREAS, the proposed service plan is based on historical performance and consists of
reassigning the two trolley vehicles from Via 11 Street Loop to Loops A and B (i.e. eliminating
service along 11 Street and improving service along Loops A and B), and serving the Belle Isle stop
with only Loop B to "right-size" service frequency to Belle Isle; and
WHEREAS, the Transportation and Mobility Department staff met with the Belle Isle
Residents Association and Belle Isle Public Transportation Alliance representatives on multiple
occasions to develop and refine a service plan; and
WHEREAS, the proposed service plan was presented to the Flamingo Park Neighborhood
Association (December 2, 2019 — no action taken), South of Fifth Neighborhood Association
(December 6, 2019 — in favor of proposed changes), Transportation, Parking, and Bicycle-
Pedestrian Facilities Committee (December 16, 2019 — passed a motion supporting the proposed
changes); and
WHEREAS, on February 3, 2020, the Neighborhood and Quality of Life Committee (NQLC)
discussed an item titled: "Long wait times for the South Beach trolleys" and was in favor of this new
service plan; and
WHEREAS, on March 26, 2020, in response to the Coronavirus Disease 2019 (COVID-19)
pandemic, the CITY suspended all trolley service (commencement of"Suspension Period"); and
WHEREAS, the City's trolley fleet consists of 33 trolley vehicles, which fleet, prior to the
commencement of the Suspension Period, operated at a service level of approximately 13,471
scheduled service hours per month (Baseline Level of Service); and
WHEREAS, although the City's trolley services were suspended, LSF continues to accrue
fixed costs, for which LSF has requested financial assistance from the City (Suspension Period
Shortfall); and
WHEREAS, City staff had multiple discussions with LSF regarding their fixed costs and
although negotiations, staff was able to reduce LSF's initial request from $182,709.59/month to
$167,095.00/month; and
WHEREAS, LSF proffered that by the end of July, 2020, LSF's accrued fixed costs would
exceed $700,000; and
WHEREAS, the recently-executed Amendment No. 9 to the Agreement approved the
temporary use of the City trolley fleet by Miami-Dade County (County Operated trolley vehicles)
during the City's suspension of trolley services, while giving the City the ability to request any
number of trolley vehicles for its use within 30 days of notification; and
WHEREAS,Amendment No. 9 also approved new rates for the operation of the City's trolley
fleet during reduced levels of service, based upon the scheduled service hours for the City
operated and County Operated trolley vehicles, combined (Combined Fleet); and
WHEREAS, the County's use of the trolley fleet commenced on July 31, 2020, which use
has stopped the accumulation of the Suspension Period Shortfall as of July 31, 2020, and could
serve to reduce the Suspension Period Shortfall in the event the service level for the Combined
Fleet exceeds the Baseline Level of Service; and
WHEREAS, the proposed Amendment No. 10 provides for a true-up of credits and debits
within ninety(90) days prior to November 21, 2021 (the earliest expiration date of a trolley loop in
the current agreement); and
WHEREAS, as of the true-up date, the expiration date of all trolley routes will be extended,
at a minimum,to November 20, 2022(latest expiration date of a trolley loop in the current contract)
such that all the routes end on the same date (Coterminous Term Extension); and
WHEREAS, additionally, at the time of the true-up, in lieu of providing LSF with a lump
sum payment to cover the Suspension Period Shortfall, if any, Amendment No. 10 provides for
the extension of the term (Term Extension Period), allowing LSF to recover the loss of the
Baseline Level of Service (13,471 scheduled hours per month) during the Suspension Period
(Baseline Level of Service Shortfall), by extending the Agreement for a period of up to four months
for each month of service suspension (Term Extension Formula); and
WHEREAS, in calculating the length of the Term Extension Period, the City will include, as
a credit, the additional months included in the Coterminous Term Extension (between November
21, 2021 and November 20, 2022); and
WHEREAS, the Agreement currently requires that all trolley vehicles in the City's fleet be
2016 models or newer; and
WHEREAS, the proposed Amendment No. 10 to the Agreement will approve the
replacement of a trolley vehicle which was lost due to fire, by a used 2008 high-floor trolley vehicle,
which was purchased by LSF and will be outfitted with all the required optional equipment by LSF,
at no cost to the City; and
WHEREAS, Amendment No. 10 will also authorize the City Manager to approve the
purchase of additional or replacement vehicles in the future(even if older than 2016 model year),
including the purchase of related optional equipment under the Agreement provided that the
acquisition does not result in an increase to the annual operating cost of the City's trolley service,
which is currently capped at$12,000,000; and
WHEREAS, due to the impact of the COVID-19 pandemic, the City intends to re-start
operations at a reduced level of service; and
WHEREAS, the reductions in service hours and service frequency, combined with reduced
capacity due to social distancing on-board the trolley vehicles, are expected to result in missed
trips and longer passenger wait times; and
WHEREAS,Amendment No. 10 authorizes the City Manager to reassign trolley vehicles
among trolley routes and adjust headways accordingly to properly meet demand; and
WHEREAS, Amendment No. 10 clarifies employee background check requirements of
personnel providing services under the Agreement, and requires that LSF prepare and implement
a Safety Plan and Security Plan that meets the requirements of FDOT Rule 14-90, to be reviewed
and approved by the City; and
WHEREAS, Amendment No. ,10 allows the City to assess the performance of the trolley
service for varying service levels and external factors affecting service delivery that are outside of
LSF's control (e.g. active construction projects or delays associated with vehicle disinfection in
response to the COVID-19 pandemic); and
WHEREAS, the City Manager recommends waiving the formal competitive bidding
requirement, as permitted in Section 2-367(e) of the City Code, in connection with the extension
of the term of the Agreement, as being in the best interest of the City, and approving, in substantial
form, Amendment No. 10, incorporated herein by reference and attached to this Resolution as
Exhibit"1".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the
recommendation of the Neighborhood and Quality of Life Committee, at its February 3, 2020
meeting, to modify the South Beach Trolley route, and waive, by 5/7th vote, the formal competitive
bidding requirement, finding such waiver to be in the City's best interest, and approve, in
substantial form, Amendment No. 10 to the Agreement, dated May 8, 2014, between the City and
Limousines of South Florida, INC,for turn-key operations and maintenance services of a municipal
trolley system for the City of Miami Beach; said amendment (1) approving a term extension
formula, in lieu of paying LSF for any unrecovered fixed costs, incurred during the suspension
period; (2) approving the new service plan for South Beach; (3) authorizing the City Manager to
make operational changes to the Agreement, including approving the purchase and use of
replacement trolley vehicles (even if older than the year 2016); provided such administrative
changes do not increase the annual operating cost of the City's trolley service; and (4) modifying
other miscellaneous provisions of the Agreement; and further authorize the City Manager and City
Clerk to execute the final negotiated amendment.
PASSED AND ADOPTED this 14th day of October 2020.
Dan Gelber, Mayor
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 14, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD AND QUALITY OF LIFE COMMITTEE, AT ITS
FEBRUARY 3, 2020 MEETING TO MODIFY THE SOUTH BEACH TROLLEY
ROUTE, AND WAIVING, BY 5f7TH VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S
BEST INTEREST, AND APPROVING, IN SUBSTANTIAL FORM, •
AMENDMENT NO. 10 TO THE AGREEMENT, DATED MAY 8, 2014,
BETWEEN THE CITYAND LIMOUSINES OF SOUTH FLORIDA, INC (LSF),
FOR TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A
MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID
AMENDMENT (1) APPROVING A TERM EXTENSION FORMULA, IN LIEU
OF PAYING LSF FOR ANY UNRECOVERED FIXED COSTS, INCURRED
DURING THE SUSPENSION PERIOD; (2) APPROVING THE NEW
SERVICE PLAN FOR SOUTH BEACH; (3) AUTHORIZING THE CITY
MANAGER TO MAKE OPERATIONAL CHANGES TO THE AGREEMENT,
INCLUDING APPROVING THE PURCHASE AND USE OF REPLACEMENT
TROLLEY VEHICLES (EVEN IF OLDER THAN THE YEAR 2016);
PROVIDED SUCH ADMINISTRATIVE CHANGES DO NOT INCREASE THE
ANNUAL OPERATING COST OF THE CITY'S TROLLEY SERVICE;AND (4)
MODIFYING OTHER MISCELLANEOUS PROVISIONS OF THE
AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AMENDMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Resolution
authorizing the City Manager to execute Amendment No. 10 to the Agreement with Limousines
of South Florida (LSF)for citywide turnkey trolley services; and waive, by 517th vote, the formal
competitive bidding requirement, as permitted in Section 2-367(e) of the City Code, in
connection with the extension of the term of the Agreement, as being in the best interest of the
City. The term extension is recommended in lieu of providing LSF a lump sum
payment of over $700,000 to cover its fixed costs incurred in association with
protection of the program assets during the trolley service suspension period.
Page 862 of 1576
BACKGROUND/HISTORY
On April 30, 2014, the City Commission approved the award of Invitation To Bid (ITB) No.
2014-154-SR for Turnkey Trolley Operations and Maintenance Services to Limousines of
South Florida (LSF). Following the approval of the ITB, an agreement between the City and
LSF was executed on May 8, 2014 (the "Agreement") and has been amended various times
(Attachment A).
Based on the 2019 Miami Beach Resident Survey,75%of residents surveyed are satisfied with
the trolley service, however, service reliability and service frequency were the main factors of
service dissatisfaction. Based on the same survey, 63% of respondents use their automobile
as a primary mode of transportation for trips within Miami Beach, and 73% of respondents
consider trolleys and local bus circulators as the most viable alternative to using a personal
automobile within the City.
ANALYSIS
Amendment No. 10 to the Agreement with LSF is required for various reasons and
incorporates the changes described below.
1. NEW SERVICE PLAN FOR THE SOUTH BEACH TROLLEY
In an effort to reduce wait times and improve reliability and frequency of the South Beach
Trolley service while complying with the City Commission's most recent directive to keep
service to Belle Isle, the Administration has developed a new service plan for the South Beach
Trolley in collaboration with the affected communities. The proposed service plan is based on
historical performance and consists of:
• reassigning the two trolley vehicles from Via 11 Street Loop to Loops A and B (i.e.
eliminating service along 11 Street and improving service along Loops A and B)
• serving the Belle Isle stop with only Loop B to "right-size" service frequency to Belle Isle
Combined, these changes will improve average headways for the same number of vehicles in
operation with no fiscal impact.Attachment B depicts new route alignment.
Transportation and Mobility Department staff met with the Belle Isle Residents Association and
Belle Isle Public Transportation Alliance representatives on multiple occasions to develop and
refine a service plan that improves service efficiency while meeting the community's
expectations. Additionally,the proposed plan was presented to the following groups:
• Flamingo Park Neighborhood Association on December 2,2019—no action taken
• South of Fifth Neighborhood Association on December 6, 2019 -- in favor of proposed
changes
• Transportation, Parking, and Bicycle-Pedestrian Facilities Committee on December 16,
2019—passed a motion supporting the proposed changes (Attachment C)
It is important to note that while the new service plan will eliminate trolley service along 11
Street, it will benefit the Flamingo Park neighborhood by improving service frequency along its
perimeter, with multiple stops currently located on Alton Road and Washington Avenue within a
short walking distance.
2. TRUE-UP AND CONTRACT TERM EXTENSION
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•
Although the Miami Beach Trolley service has been suspended since March 27, 2020, LSF
has requested financial assistance from the City for various monthly fixed costs incurred in
association with protection of the program assets (33 trolley vehicles) during this suspension
period. City staff has had multiple discussions with LSF regarding its outstanding fixed costs
and, through negotiations, staff was able to reduce LSF's initial request from
$182,709.59/month to $167,095.00/month. LSF claims that its accrued fixed costs from March
27 to July 31, 2020 are over $700,000, and LSF has provided back-up documentation to
substantiate most of these costs. During negotiations, LSF proffered extending the term of the
current Agreement in lieu of a lump sum payment by the City to recover the fixed costs incurred
during this suspension period.
The recently executed Amendment No. 9 approved the temporary use of City trolley vehicles by
Miami-Dade County to supplement Miami-Dade Transit bus service primarily in Miami Beach
during suspension of the City's trolley service. The County's use of the City's trolleys operated
by LSF commenced on July 31, 2020, and, since that date, LSF's fixed costs are being
covered through the County's scheduled service hours. Thus, the City will not incur any
additional debt beyond the estimated $700,000 provided LSF operates more than the minimum
number of trolley service hours stipulated in Amendment No. 9. If LSF operates more trolley
service hours than during normal (pre-COVI 0) service, per Amendment No. 9, the surplus
hours will be used by the City to offset the $700,000 owed to LSF for fixed costs incurred
during the trolley suspension period.
Amendment No. 10 stipulates that a reconciliation(true-up of debits and credits)will occur within
90 days prior to November 21, 2021 (the earliest expiration date of a trolley loop in the current
Agreement). The purpose of the true-up exercise is to determine the amount, if any, that the
City owes to LSF for fixed costs incurred from the date that City trolley service was suspended
(March 27, 2020) up to the true-up date, while taking into consideration all service hours
operated by the County via LSF using the City's trolley vehicles. If on the true-up date, the City
finds that there is an outstanding balance owed to LSF, the Administration will extend the
Agreement at that time to allow LSF sufficient time to recover its fixed costs incurred during the
suspension period and enable for all four(4)trolley routes to end on the same date (the current
Agreement expires in a staggered manner with each trolley route ending on a different date). I n
order for LSF to recover its estimated $700,000 of fixed costs incurred during the trolley
service suspension period, City staff anticipates that the resulting term extension will be for a
period of up to four(4)months for each month of trolley service suspension.
At this time, the Administration is seeking approval from the City Commission to waive the
competitive bidding requirement and extend the Agreement with LSF as appropriate at the time
of true-up, as being in the best interest of the City. If the proposed term extension to the
Agreement is not approved by the City Commission,the City will be required to make a
lump sum payment of over$700,000 to LS F for fixed costs accrued in association with
protection of program assets during the trolley service suspension' period, more
specifically from March 27, 2020 (the date that trolley service was suspended)to July 31, 2020
(the date that Miami-Dade Transit commenced operating City trolley vehicles via LSF as part of
its bus service in Miami Beach and LSF's accrual of fixed costs stopped).
Furthermore,the proposed coterminous extension of all trolley loops will enable the City to
procure a new single contract for citywide transit service in the future as opposed to procuring
each route separately, thus enabling for greater economies of scale and a more competitive
Page 864 of 1576
procurement.
3. REPLACEMENT VEHICLES (INCLUDING RETROFITTING)
The Agreement requires that all trolley vehicles in the City's fleet be 2016 models or newer. The
proposed Amendment No. 10 to the Agreement will approve the replacement of a trolley
vehicle which was lost due to fire, by a used 2008 high floor trolley vehicle purchased by LSF at
no cost to the City. LSF will be responsible for the purchase and installation of the same ISO
Mobile optional equipment that is installed in the City's current trolley fleet (e.g. tv monitors,
video surveillance system, automatic passenger counters, automated voice information
systems, Wi-Fl services, and real time GPS tracking services) as well as any other cost
associated with vehicle preparation in order to meet contract requirements.
It is important to note that Amendments Nos. 7 and 8 approved the addition of a used 2013 and
a used 2006 trolley vehicles, respectively, at no cost to the City, with goal of increasing the
number of spare trolley vehicles in the City's fleet and improving service reliability.
Additionally, Amendment No. 10 will authorize the City Manager to approve the purchase of
additional or replacement vehicles in the future (even if older than 2016 model year), including
the purchase of related optional equipment under the Agreement; provided that the acquisition
does not result in an increase to the annual operating cost of the City's trolley service, which is
currently capped at $12,000,000. This provision will enable LSF to acquire used trolley
vehicles, if needed and at the City's discretion, to ensure fleet availability and service reliability.
4. VEHICLE REASSIGNMENT AMONG CITY TROLLEY ROUTES
As a result of the financial impact due to the COVID-19 pandemic, the Administration is
proposing that trolley service resume operation at a reduced service level, with the goal of
ramping up to pre-pandemic levels. Amendment No. 10 authorizes the City to reassign trolley
vehicles among trolley routes and adjust headways (frequency of service) accordingly.The
reductions in service hours and frequency, combined with reduced capacity due to social
distancing guidelines on-board the trolley vehicles, are expected to result in passengers not
being able to board the trolley (missed trips) and longer passenger wait times. To compensate
for the capacity reduction, staff will monitor passenger demand among all routes and reassign
trolley vehicles as needed to minimize missed trips and balance demand and supply.
5. OTHER MISCELLANEOUS PROVISIONS OF THE AGREEMENT TO ADDRESS
NEW OPERATING CONDITIONS OF THE TROLLEY SERVICES
Amendment No. 10 clarifies employee background check requirements of personnel providing
services under the Agreement and requires that LSF prepare and implement a Safety Plan and
Security Plan that meets the requirements of FDOT Rule 14-90, to be reviewed and approved
by the City.
Furthermore, the amendment allows the City to assess the performance of the trolley service
(once it resumes)based on the anticipated reduction of service levels and other external factors
affecting service performance that are outside of LSF's control (e.g. active construction
projects and/or delays associated with vehicle interior cleaning in response to the COVID-19
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pandemic).
FINANCIAL INFORMATION
If the proposed term extension to the Agreement is not approved by the City Commission, the
City will be required to make a lump sum payment of over $700,000 to LSF for fixed costs
incurred in association with protection of the program assets during the trolley service
suspension period, more specifically from March 27, 2020 (the date that trolley service was
suspended) to July 31, 2020 (the date that Miami-Dade County commenced operating City
trolley vehicles as part of its bus service in Miami Beach and LSF's accrual of fixed costs
stopped).
CONCLUSION
Approving Amendment No. 10 to the agreement with LSF is beneficial to the City for various
reasons, including, but not limited to:
• modifies the South Beach trolley route to improve service efficiency
• allows for a coterminous contract extension at a future true-up date in lieu of providing a
lump sum payment of over $700,000 to LSF for fixed costs incurred in association with
protection of the program assets during the trolley service suspension period
• allows the City to reassign trolley vehicles among the routes to more appropriately meet
passenger demand
• allows LSF to add used spare vehicles to the City's trolley fleet at no cost to the City to
improve vehicle availability and service reliability
• allows for assessing performance of the trolley service during reduced service levels and
other circumstances that are outside of LSF's control
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Mobility- increase multi-modal mobility citywide and connectivity regionally.
Legislative Tracking
Transportation and Mobility
ATTACHMENTS:
Description
a Attachment A
a Attachment B
❑ Attachment C
❑ Resolution &Agreement
Page 866 of 1576
ATTACHMENT- A
On July 30, 2014, the City Commission adopted Resolution No. 2014-28708, authorizing the City
to execute Amendment No. 1 to the Agreement, which increased the scope of the Agreement to
include optional equipment, as well as additional automated stop announcement equipment, with
the capability of displaying public advertisements. Amendment No. 1 was executed on October
6, 2014.
On March 18, 2015, the Mayor and the City Commission adopted Resolution No. 2015-28967,
approving, and authorizing Amendment No. 2 to the Agreement, incorporating an enhanced
Scope of Services to the Agreement, in order to accommodate additional transportation expenses
needed for the City's Centennial celebration. Amendment No. 2 was executed on March 24,
2015.
On October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194,
waiving, by 5/7th vote, the competitive bidding requirement, exercising provisions of the contract
allowing for additional routes at the City's sole discretion, and approving Amendment No. 3 to the
Agreement; said amendment providing for the following: 1) the addition of the operation and
maintenance services for two (2) new routes in Middle Beach (the Middle Beach Loop and the
Collins Link); 2) the addition of fourteen (14) new modified/kneeling high-floor/rear end wheel
chair lift trolley vehicles (New Modified/High Floor trolley vehicles) for the operation of the North
Beach and Middle Beach routes, in an amount not to exceed$6,700,000 annually; 3)a negotiated
new hourly rate commensurate with the cost of said trolley vehicles and the additional services
for the new Middle Beach routes; 4) the early exercise of the two (2) renewal options, extending
the agreement to May 7, 2021; 5) in addition to the term provided in the previous subsection (4),
further extending the term, as to each route, to include a full sixty (60) month term, commencing
as of the roll-out date of all the modified high-floor trolley vehicles for each respective route; and
6) authorizing the City Manager to approve the purchase of additional optional equipment for the
New Modified/High Floor Trolley vehicles.Amendment No. 3 was executed on January 14, 2016.
On July 20, 2016, the Mayor and City Commission adopted Resolution No. 2016-29519,
accepting the recommendation of the City Manager and waiving, by 5/7th vote, the competitive
bidding requirement,finding such waiver to be in the best interest of the City,exercising provisions
of the contract allowing for additional routes at the City's sole discretion, and approving
Amendment No. 4 to the Agreement in substantial form, increasing the scope of the Agreement
to include the following: 1)the addition of one (1) bi-directional route in South Beach for a term of
sixty (60) months, commencing as of the roll-out date for the Low-Floor trolley vehicles; 2) the
addition of twelve (12) new Low-Floor trolley vehicles for use in all City trolley routes; 3) a
negotiated new hourly rate for the Low-Floor trolley vehicles and additional associated services;
and 4) increasing the annual cost of the Agreement, from a not to exceed cost of$6,700,000 to a
not to exceed cost of $12,000,000; authorizing the City Manager to approve the purchase of
additional optional equipment for the Low-Floor trolley vehicles, as may be needed in the
Administration's discretion, subject to funding availability; and authorizing the City Manager to
terminate the existing Interlocal Agreement (for the South Beach Local), in connection with the
negotiation of a new Interlocal Agreement with Miami-Dade County for the South Beach Trolley
route. Amendment No.4 was executed on March 29, 2017.
On May 17, 2017, the Mayor and City Commission adopted Resolution No. 2017-29873,
approving and authorizing the City Manager and City Clerk to execute Amendment No. 5 to the
Agreement;approving the replacement of Collins Link route alignment with Collins Express route,
Page 1
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at no additional cost to the City, to provide more direct intracity connectivity between Washington
Avenue/Lincoln Road and 88 Street. Amendment No. 5 was executed on October 26, 2017.
On October 18, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4143,
amending certain provisions of the City Living Wage Ordinance as codified in Sections 2-407
through 2-410 of the City Code. The primary purpose of the amendment to the Ordinance was to
adjust and increase the hourly living wage rate and health benefit paid by service contractors
covered under the Ordinance to their covered employees, with the proposed increase for the
calendar year 2018 to be "phased-in" over a three (3) year period commencing on January 1,
2018. In order to assure that covered service contractors doing business with the City, including
LSF, continue to comply with the provisions of the Ordinance as amended, Amendment No. 6 to
the Agreement, incorporating the Living Wage Ordinance update, was executed on December 4,
2018.
On January 16, 2019, the Mayor and City Commission adopted Resolution No. 2019-30687,
approving and authorizing the City Manager and City Clerk to execute Amendment No. 7 to the
Agreement; including the following modifications: (1)adding one(1)used high-floor trolley vehicle
to the City's trolley fleet to be used as a spare only, including the installation of optional equipment,
which costs remained within the current not to exceed contract amount of $12,000,000; (2)
permitting the operation of all trolley vehicle types (high-floor, modified high-floor or low-floor)
along any of the City's trolley routes, as needed, to ensure proper service coverage; and (3)
modifying other miscellaneous provisions of the agreement to address the current operating
conditions of the trolley services,which include(i) updating the trolley routes, (ii)reducing the on-
time performance goal from 95% to 85% for all trolley routes, (iii) clarifying the methodology for
determining fuel charge adjustments and for calculating on-time performance, and (iv) including
a release of any alleged claims (against the City) by LSF for fuel charge reimbursements and a
release for any alleged claims (against LSF) by the City for on-time performance penalties, both
through the effective date of the amendment. Amendment No. 7 was executed on March 15,
2019.
On September 25, 2019, the Mayor and City Commission adopted Resolution No. 2019-31000,
approving and authorizing the City Manager and City Clerk to execute Amendment No. 8 to the
Agreement; said amendment, adding, at no additional cost to the City, one (1) used 2006 high-
floor trolley vehicle to the City's fleet, to be used solely as a spare. Amendment No. 8 was
executed on October 11, 2019.
On July 29, 2020, the Mayor and the City Commission adopted Resolution No. 2020-31373,
authorizing the City Manager to negotiate and execute Amendment No. 9 to the Agreement based
upon the essential terms set forth in the City Commission Memorandum accompanying the
Resolution; said amendment including the following modifications: (1) approving the temporary
use of the City trolley fleet by Miami-Dade County, Florida, during any periods of suspension of
trolley services; and (2)approving new rates for operation during reduced levels of service.
•
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Attachment B - South Beach Route Service Area
South Beach Loop A South Beach Loop B
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Attachment C
MIAMIBEACH
OFFICE OF THE CIN MANAGER
NO. LTC# 656-2019 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members the City I ommission
FROM: Jimmy L. Morales, City Manager
DATE: December 16, 2019
SUBJECT: TPBPF Committee Motions
The purpose of this Letter to Commission is to provide you with correspondence
received from the Transportation, Parking & Bicycle-Pedestrian Facilities
Committee.
JLM/ISF
C: Mark Taxis, Assistant City Manager
Eric Carpenter, Assistant City Manager
John Rebar, Interim Assistant City Manager
Saul Frances, Parking Director
Monica Beltran, Assistant Parking Director
Jose Gonzalez, Transportation Director
Page 870 of 1576
Sap r , Jae £Jiride
yak V r r
Alfred Feola,Chairman TO: Mayor Dan Gelber and Members of the City Commission
Ray Breslin,Vice-Chair
FROM: Transportation, Parking&Bicycle-Pedestrian Facilities Committee
Members: DATE: December 16, 2019
Leif Bertrand
Marc Edelstein SUBJECT:Motions
Cindy Esquivel
Linsey Lovell
Esteban Porcelli Members Present: Ray Breslin;Stuart Reed;Leif Bertrand;Esteban Porcelli;Cindy Esquivel;
Stuart Reed Linsey Lovell;Deborah Ruggiero;and Marc Edelstein
Deborah Ruggiero
Richard Streim Members Absent: Al Feola;and Richard Streim
Dear Honorable Mayor and City Commission:
The Transportation, Parking and Bicycle-Pedestrian Facilities Committee met on
Monday December 9th,2019,and passed the below motions:
Reducing South Beach Trolley Wait Time
The Transportation, Parking and Bicycle-Pedestrian Facilities Committee
supports staff's recommendation to reduce wait times for the South Beach
Trolley service by reassigning the"Via 11th Street" trolley vehicles to Loops A
and B, and eliminating Loop A service to Belle Isle,while keeping Loop B service
to Belle Isle.
17th ST—Complete Street Concepts
The Transportation, Parking and Bicycle-Pedestrian Facilities Committee
supports Option 3—and recommend consideration adding additional bike racks,
assuming project does not have sufficient bicycle facilities.
As an advisory Committee,we would greatly appreciate your consideration on
the above motions.
Sincerely,
Transportation,Parking& Bicycle-Pedestrian Facilities Committee
Page 871 of 1576
EXHIBIT "1"
AMENDMENT NO. 10 TO THE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
LIMOUSINES OF SOUTH FLORIDA, INC.
FOR THE TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY
SYSTEM FOR THE CITY OF MIAMI BEACH
This Amendment No. 10 to the Agreement, dated May 8, 2014, between the City of Miami
Beach, Florida and Limousines of South Florida, Inc, for Turn-Key Operations and Maintenance
Services of a Municipal Trolley System for the City of Miami Beach (the Agreement) is made and
entered into this day of , 2020, (Effective Date).
WHEREAS, on April 30,2014, the City Commission approved the award of Invitation to
Bid (ITB) No. 2014-154-SR for Turn-Key Trolley Operations and Maintenance Services to
Limousines of South Florida, Inc. (LSF or CONTRACTOR); and
WHEREAS, on May 8, 2014, the CITY and LSF executed the Agreement; and
WHEREAS, on July 30, 2014, the Mayor and City Commission adopted Resolution No.
2014-28708, authorizing the CITY to execute Amendment No. 1 to the Agreement, which
increased the scope of the Agreement to include. optional equipment, as well as additional
automated stop announcement equipment, with the capability of displaying public
advertisements; and
WHEREAS, on October 6,2014,the CITY and CONTRACTOR executed Amendment No.
1; and
WHEREAS, on March 18, 2015,the Mayor and City Commission adopted Resolution No.
2015-28967, approving and authorizing Amendment No. 2 to the Agreement, incorporating an
enhanced Scope of Services to the Agreement in order to accommodate additional transportation
expenses needed for the CITY's Centennial celebration, increasing the cost of the Agreement for
said enhanced Scope of Services during the 2014-2015 fiscal year, solely; and
WHEREAS, on March 24, 2015,the CITY and CONTRACTOR executed Amendment No.
2; and
WHEREAS, on October 21, 2015,the Mayor and City Commission adopted Resolution No.
2015-29194, waiving, by 5/7th vote, the competitive bidding requirement and approving
Amendment No. 3 to the Agreement; said amendment providing for (1) the addition of two new
routes in Middle Beach (the Middle Beach Loop and the Collins Link); (2) the addition of fourteen
(14) new modified/kneeling high-floor/rear end wheel chair lift trolley vehicles (New Modified
trolley vehicles)for the operation of the North Beach and Middle Beach routes, in an amount not
to exceed $6,700,000 annually; (3)a negotiated new hourly rate commensurate with the cost of
said trolley vehicles and the additional services for the new Middle Beach routes; (4) the early
exercise of the two (2) renewal options, extending the agreement to May 7, 2021; (5) in addition
to the term provided in the previous subsection (4), further extending the term, as to each route,
to include a full sixty(60)month term, commencing as of the roll-out date of all the modified high-
floor trolley vehicles for each respective route; and (6) and authorizing the City Manager to
approve the purchase of additional optional equipment for the New Modified trolley vehicles; and
Page 1 of 24
Page 876 of 1576
WHEREAS, on January 14, 2016, the CITY and CONTRACTOR executed Amendment
No. 3; and
WHEREAS, on July 20, 2016, the Mayor and City Commission adopted Resolution No.
2016-29519, accepting the recommendation of the City Manager and waiving, by 5/7' vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the CITY, and
approving, in substantial form, Amendment No. 4 to the Agreement, increasing the scope of the
Agreement to include the following: (1)the addition of one (1) bi-directional route in South Beach
for a term of sixty (60) months, commencing as of the roll-out date for the Low-Floor trolley
vehicles; (2) the addition of twelve (12) new Low-Floor trolley vehicles for use in all CITY trolley
routes; (3) a negotiated new hourly rate for the Low-Floor trolley vehicles and additional
associated services; and (4) increasing the annual cost of the Agreement, from a not to exceed
cost of $6,700,000 to a not to exceed cost of $12,000,000; authorizing the City Manager to
approve the purchase of additional optional equipment for the Low-Floor trolley vehicles, as may
be needed in the Administration's discretion, subject to funding availability; authorizing the CITY
Manager to terminate the existing interlocal agreement, in connection with the negotiation of a
new interlocal agreement with Miami-Dade County, in connection with the South Beach route;
and further authorizing the Mayor and City Clerk to execute the final negotiated interlocal
agreement and Amendment No. 4; and
WHEREAS, Amendment No. 4 to the Agreement was executed on March 29, 2017; and
WHEREAS, on May 17, 2017, the Mayor and City Commission adopted Resolution No.
2017-29873, approving and authorizing the City Manager and City Clerk to execute Amendment
No. 5 to the Agreement; approving the replacement of the Collins Link route alignment with the
Collins Express route, at no additional cost to the CITY, to provide more direct intracity
connectivity between Washington Avenue/Lincoln road and 88 Street; and
WHEREAS, Amendment No. 5 to the Agreement was executed on October 26, 2017; and
WHEREAS, the routes rolled-out their services as follows:
(1) Middle Beach Loop rolled-out its services on November 22, 2016 with six (6)
New Modified trolley vehicles;
(2) the Collins link rolled-out its services on December 22, 2016 with five (5) New
Modified trolley vehicles and ended its services on October 31, 2017, with the
Collins Express replacing the Collins Link on November 1, 2017;
(3) the North Beach Loop rolled-out its services on January 9, 2017 with three(3)
New Modified trolley vehicles and one (1) high-floor trolley vehicle; and
(4) the South Beach route rolled out its services on November 20, 2017 with ten
(10) Low-Floor trolley vehicles.
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Ordinance
No. 2017-4143, amending certain provisions of the City Living Wage Ordinance as codified in
Sections 2-407 through 2-410 of the City Code or the Ordinance; and
WHEREAS, based upon an evaluation of ridership data, on January 23, 2018, one (1) of
the Middle Beach Loop vehicles was reassigned to the Collins Express route; and
Page 2 of 24
Page 877 of 1576
WHEREAS,Amendment No. 6 to the Agreement reflecting the impact of the Living Wage
ordinance was executed on December 4, 2018; and
WHEREAS,on January 16, 2019, the Mayor and the City Commission adopted Resolution
No. 2019-30687, approving, in substantial form, Amendment No. 7 to the Agreement; said
amendment including the following modifications: (1)adding one(1) used high-floor trolley vehicle
to the City's trolley fleet to be used as a spare only; (2)permitting the operation of all trolley vehicle
types (high-floor, modified high-floor/kneeling or low-floor) along any of the City's trolley routes,
as needed, to ensure proper service coverage; and (3) modifying other miscellaneous provisions
of the Agreement to address the current operating conditions of the trolley services, which include
updating the trolley routes, establishing a new On-Time Performance goal of 85% for all trolley
routes, and clarifying the language for determining fuel charge adjustments and performance
penalties; and
WHEREAS, Amendment No. 7 to the Agreement was executed on March 15, 2019; and
WHEREAS, on September 25, 2019, the Mayor and the City Commission adopted
Resolution No. 2019-31000 approving Amendment No. 8 to the Agreement; said amendment,
adding, at no additional cost to the City, one (1) used 2006 high-floor trolley vehicle in the City's
trolley fleet, to be used solely as a spare; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31373, authorizing the Administration to negotiate Amendment No. 9 to the Agreement,
said amendment: (1) approving the temporary use of the City trolley fleet by Miami-Dade
County, Florida during any periods of suspension of trolley services; and (2) approving new
rates for operation during reduced levels of service; and
WHEREAS, Amendment No. 9 to the Agreement was executed on August 19, 2020; and
WHEREAS, the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3,
Amendment No. 4, Amendment No. 5, Amendment No. 6, Amendment No. 7, Amendment No. 8
and Amendment No. 9 shall be collectively referred to herein as the "Agreement"; and
WHEREAS, on March 26, 2020, in response to the Coronavirus Disease 2019 (COVID-
19) pandemic, the CITY suspended all trolley service (commencement of"Suspension Period");
and
WHEREAS, the City's trolley fleet consists of 33 trolley vehicles, which fleet, prior to the
commencement of the Suspension Period, operated at a service level of approximately 13,471
scheduled service hours per month (Baseline Level of Service); and
WHEREAS, although the City's trolley services were suspended, LSF continues to
accrue fixed costs, in the amount of$167,095.00/month, for which LSF has requested financial
assistance from the City (Suspension Period Shortfall); and
WHEREAS, the recently-executed Amendment No. 9 to the Agreement approved the
temporary use of the City trolley fleet by Miami-Dade County(County Operated trolley vehicles)
during the City's suspension of trolley services while giving the City the ability to request any
number of trolley vehicles for its use within 30 days of notification; and
Page 3 of 24
Page 878 of 1576
WHEREAS, Amendment No. 9 also approved new rates for the operation of the City's
trolley fleet during reduced levels of service, based upon the scheduled service hours for the
City operated and County Operated trolley vehicles, combined (Combined Fleet); and
WHEREAS,the County's use of the trolley fleet commenced on July 31, 2020, which use,
has stopped the accumulation of the Suspension Period Shortfall as of July 31, 2020 and could
serve to reduce the Suspension Period Shortfall, in the evet the Combined Fleet exceeds the
Baseline Level of Service; and
WHEREAS, in lieu of providing the CONTRACTOR with a lump sum payment to cover the
Suspension Period Shortfall, if any,the CONTRACTOR and the CITY have agreed to extend the
Term, allowing the CONTRACTOR to recover the loss of the Baseline Level of Service (13,471
scheduled hours per month) during the Suspension Period (Baseline Level of Service Shortfall),
by extending the Agreement for a period of up to four months for each month of service
suspension (Term Extension Formula); and
WHEREAS, on September 16, 2020, the Mayor and the City Commission adopted
Resolution No. , accepting the recommendation of the Neighborhood and Quality
of Life Committee, at its February 3, 2020 meeting, to modify the South Beach Trolley route,
and waiving, by 5/7th vote, the formal competitive bidding requirement, finding such waiver
to be in the City's best interest, and approving, in substantial form, Amendment No. 10 to
the Agreement, dated May 8, 2014, between the City and Limousines of South Florida, INC,
for turn-key operations and maintenance services of a municipal trolley system for the City
of Miami Beach; said amendment(1) approving a Term Extension Formula, in lieu of paying
LSF for any unrecovered fixed costs, incurred during the Suspension Period; (2) approving
the new service plan for South Beach; (3) authorizing the City Manager to make operational
changes to the Agreement, including approving the purchase and use of replacement trolley
vehicles (even if older than the year 2016); provided such administrative changes do not
increase the annual operating cost of the City's trolley service; and (4) modifying other
miscellaneous provisions of the Agreement.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the CITY and CONTRACTOR hereby agree to amend the Agreement as follows:
1. The recitals set forth above are true and correct and are incorporated herein by reference.
2. Section 3 of Article 1 of the Agreement, entitled "TERM", is hereby deleted
and in its entirety and replaced with the following:
3. TERM: This Agreement shall have a staggered term (the Term), with each of the Trolley
Service Areas having a five(5)year Term, commencing as of the initial roll-out date (Roll-
Out Date)of the new trolley vehicles for each respective Trolley Service Area. The Term
of each Trolley Service Area shall be as follows:
a. North Beach Loop: from January 9, 2017 through January 8, 2022;
b. Middle Beach Loop: from November 22, 2016 to November 21, 2021
c. Collins Express: from the Collins Express Commencement Date
through December 21, 2021;
Page 4 of 24
Page 879 of 1576
d. South Beach Route: from November 20, 2017 through November
19, 2022.
The Term will be subject to further extension, as follows:
A true-up will be made within 90 days prior to the expiration date for the Middle Beach Loop route,
on November 21, 2021 (True-Up Date). Effective, as of the True-Up Date, the expiration date of
the Term for each of the Trolley Service Areas shall be extended to November 20, 2022 so that
all the routes for the Trolley Service Areas end on the same date(Coterminous Term Extension).
Additionally, If, as of the True-Up Date, there is any remaining balance owed to CONTRACTOR
for the Baseline Level of Service Shortfall, the Agreement Term shall be extended pursuant to the
Term Extension Formula (Term Extension Period), commencing on November 19, 2022.
In determining whether an additional Term Extension Period is required, based upon the Term
Extension Formula, the City will apply a credit for(1)the additional months of service included in
the Coterminous Term Extension and (2) all Surplus Hours (as defined herein) accumulated
through the True Up Date. In the event that the Baseline Level of Service Shortfall does not total
a complete month, the extension would be prorated. Surplus Hours, as referenced herein, shall
mean the total number of scheduled service hours for the County Operated trolley vehicles in a
given month, in combination with the City's scheduled service hours for the same month, inclusive
of all vehicles and all routes combined (collectively, the "Combined Fleet"), which exceed the
Baseline Level of Service hours(13,471 hours)for the given month.The CONTRACTOR and the
CITY agree that CONTRACTOR is owed 56,994 hours (less number of hours of operation for
County Operated trolley vehicles on July 31, 2020, which are yet to be determined) as the
Baseline Level of Service Shortfall for the period from March 26, 2020 to July 30, 2020. By way
of example only, if the City started to operate in October, based upon the reduced level of service
of 6,000 hours per month, and the County scheduled 10.000 hours for the same month, the
Baseline Level of Service Shortfall owed to CONTRACTOR as of October 31, 2020 would be no
more than 54,465; to wit: 56,994—credit of 2,529(13,471 —16,000 = (-2,529)).
4. Section 3 of Article 2 of the Agreement, entitled "SAFETY AND PROTECTION", is hereby
deleted in its entirety and replaced with the following:
3. SAFETY AND PROTECTION
The CONTRACTOR shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs, and will take any and all necessary precautions for the safety
of, and will provide the necessary protection to prevent damage, iniury or loss to:
a. All employees, subcontractors.agents, and other persons,performinq Services under this
Agreement;
b. All equipment, materials, and personal property required for the performance of the
Services including, without limitation, the System; ,
c. Any other property within the Project area including, without limitation, trees, lawns, and
landscaping; sidewalks and other walkways; pavements, streets and roadways;
structures; and utilities.
The CONTRACTOR will designate a responsible member of its organization whose duty shall be
the prevention of accidents and shall provide the CITY with the name and contact information of
such individual (or any successor) prior to commencement of the Services.
Page 5 of 24
Page 880 of 1576
The CONTRACTOR shall, at all times, perform the Services in such a manner as to insure the
least practicable obstruction to public travel (including, without limitation, utilizing existing bus
bays) and shall use its best efforts to ensure the convenience of the general public and of the
residents along and adiacent to the Proiect area and the areas of service.
The CONTRACTOR shall comply with all applicable State of Florida Department of Transportation
(FDOT) regulations including, but not limited to, Florida Administrative Code (FAC) 14-90 and
federal safety requirements. The CONTRACTOR is required to prepare and implement a Safety
Plan and Security Plan that meet the requirements of FDOT and FAC 14-90, to be reviewed and
approved by the CITY. The Safety and Security plans shall include documented evidence in the
form of an approvals page, that demonstrates that the authorized representatives of the CITY
have reviewed and approved the CONTRACTOR'S plans and confirmed that the plans meet the
requirements of the FDOT and FAC 14-90 and are approved for implementation. The Safety and
Security plans shall be submitted to the City at least 30 days prior to FDOT's annual certification
deadline for City's review and comment. After reviewed and approved by the CITY, the Safety
and Security plans shall be submitted to FDOT by annual certification deadline.
On annual basis, or more often as required, the CONTRACTOR shall perform a review of the
Safety Plan Security Plans for compliance with the FAC 14-90, and provide the CITY with a report
that assesses any proposed changes to each of two plans. The CITY reserves the right to perform
monitoring, at its discretion, and otherwise verify that the CONTRACTOR is in compliance with
14-90, FAC and the adopted SSPP and SSP.
The CITY will participate in periodic safety meetings, offered by the CONTRACTOR to drivers
and other employees, and Risk Management activities under the auspices of the
CONTRACTOR's insurance carrier or other organizations. The CONTRACTOR will require all
drivers, dispatch personnel,vehicle maintenance mechanics,and supervisors to participate in the
Safety Program.
5. Section 5 of Article 2 of the Agreement, entitled"EMPLOYEE CRIMINAL BACKGROUND
CHECK REQUIREMENTS", is hereby deleted in its entirety and replaced with the
following:
5. EMPLOYEE CRIMINAL BACKGROUND CHECK REQUIREMENTS
CONTRACTOR shall comply with the requirements of Section 435.04, Florida Statutes and
ensure that only those employees who have successfully passed the level 2 background
screening required by Section 435.04, and who meet the standards established by the referenced
statute, be allowed to perform Services under this Agreement(referred to herein as "personnel").
The personnel shall undergo the aforestated background screening and a drug screening
(Background Check Process) prior to providing Services pursuant to this Agreement. The
Background Check Process will be conducted by CONTRACTOR, at CONTRACTOR's sole cost.
CONTRACTOR will also bear the cost of any fees imposed by the Florida Department of Law
Enforcement to maintain the records related to the background screening provided with the
respect to CONTRACTOR and its personnel. Employment shall be contingent upon satisfactory
results. The personnel shall not be permitted to perform Services under this Agreement until such
time as the Background Check Process has been completed and the personnel cleared to perform
duties under this Agreement. If any personnel is away from the job for a period of 45 or more
days, a new Background Check Process shall be performed. Upon request, the CONTRACTOR
shall provide the City Manager's designee with the results of background checks of any personnel.
Page 6 of 24
Page 881 of 1576
The CITY and CONTRACTOR agree and acknowledge that the failure of CONTRACTOR to
perform any of the duties described in this Subsection shall constitute a material breach of this
Agreement, for which the CITY reserves the right to terminate immediately and without further
liability to the CITY. CONTRACTOR agrees to indemnify and hold harmless the CITY, its officers
and employees of any liability in the form of physical or mental injury, death or property damage
resulting in CONTRACTOR's failure to comply with the requirements of this Subsection or
Sections 435.04, Florida Statutes.
CONTRACTOR agrees to require all of its personnel to notify the CONTRACTOR and the CITY
of any arrest(s)or conviction(s) of any offense within 24 hours of its occurrence. CONTRACTOR
further agrees to immediately notify the CITY upon becoming aware that one of its personnel,
who was previously certified as completing the Background Check Process, is subsequently
arrested or convicted of any disqualifying offense. Failure by CONTRACTOR to notify the CITY
of such arrest or conviction within 24 hours of being put on notice shall constitute a material breach
of this Agreement, entitling the CITY to terminate this Agreement immediately, without further
liability to the City."
6. Exhibit A to the Agreement, entitled "Scope of Services (THE SERVICES)", is hereby
deleted in its entirety and replaced with the attached Exhibit A.
7. Exhibit C to the Agreement, entitled "Performance Penalties" is hereby deleted and in its
entirety and replaced with the attached Exhibit C.
8. Exhibit F to the Agreement, entitled "Procedure/Methodology for calculating On-Time
Performance (OTP)of the CITY's trolley service" is hereby deleted and in its entirety and
replaced with the attached Exhibit F.
9. Composite Table 2 is hereby deleted in its entirety and replaced with the attached Table
2.
10. Composite Table 3 is hereby deleted in its entirety and replaced with the attached Table
3.
11. Figure 2 is hereby deleted in its entirety and replaced with the attached Figure 2.
12. Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect.
Page 7 of 24
Page 882 of 1576
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E.Granado, City Clerk Dan Gelber, Mayor
Date
FOR CONTRACTOR: LIMOUSINES OF SOUTH FLORIDA, INC.
•
ATTEST:
By:
Secretary President
Print Name Print Name
Date
Page 8 of 24
Page 883 of 1576
EXHIBIT A
SCOPE OF SERVICES (THE SERVICES)
1. SERVICES TO BE PROVIDED.The CITY wishes to implement a municipal fixed-route, fixed-
schedule, public Transit service that is responsive to the needs of the employees, visitors, and
residents of Miami Beach, meet(s) all applicable local, state and federal laws and regulations,
and that complies with all safety, mechanical, and vehicular standards mandated by Miami-
Dade County (MDC) Passenger Transportation Regulatory Division (PTRD) and any other
applicable regulatory agencies.
The CONTRACTOR shall coordinate, manage, and control all applicable program activities
which shall include providing vehicles, drivers, and all personnel, as necessary, supervise all
elements of on-street operations,and develop administrative procedures and financial records
necessary for the operation of the System (as defined in Section 3(c) herein), to be reviewed
and approved by the CITY.
The CONTRACTOR will obtain and provide all required state and local vehicle permits
(including, without limitation, the passenger motor carrier licenses "PMC"), vehicle
registrations, and license plates. The CONTRACTOR must also have all applicable state and
local business licenses or procure same prior to the start of service. The CITY reserves the
right to ask the CONTRACTOR for proof of licenses at any time in order to ascertain
compliance.
The CONTRACTOR shall bear all operating expenses incidental to the use and operation of
the System vehicles (including, without limitation, the trolleys, fuel, permits, required interior
and exterior signage for vehicles, driver's uniforms branded with CITY logo, map frames and
hold-four brochure holders equal to the ones used by Miami Dade Transit buses). All System
vehicles shall be operated and maintained to comply with all local, state, and federal
regulations.
The CITY reserves the right, at any time and as many times, during service hours, to audit
CONTRACTOR's records and inspect, examine,test,or monitor CONTRACTOR'S equipment
(including, without limitation, the trolley vehicles) or facilities used in the Project or in
connection with the performance of the Services. CONTRACTOR agrees that its equipment
and facilities may be inspected, examined, tested, or monitored by the CITY or its authorized
representatives, or by any Federal, State, or local officer or agency having responsibilities for
inspections of the Project or the Services. CONTRACTOR hereby waives all claims against
the CITY for compensation for loss or damage sustained by reason of any interference(which
interference, if by the CITY, must be reasonable) with its operations by any public agency or
official in enforcing their duties or any Applicable Laws. Any such interference (which
interference, if by the CITY, must be reasonable) shall not relieve CONTRACTOR from any
obligation from this Agreement.
The CONTRACTOR shall be responsible for the performance, acts, and/or omissions of its
employees, subcontractors, and/or agents.
2. OBJECTIVES. The primary objectives of the contract operation are:
a. To provide a safe, clean, reliable, and efficient public trolley transportation service on a
Page 9 of 24
Page 884 of 1576
fixed route and fixed schedule in Miami Beach within the Trolley Service Areas (as defined
in Section 3(a)), within projected service hours specified; and
b. To provide a professional, courteous, and pleasant Transit experience for each passenger
(See Ambassador Style Customer Service standards incorporated herein and attached to
the Agreement as Exhibit B).
3. SERVICE DESCRIPTION. The service areas governed by this Agreement shall include areas
located within the jurisdictional limits of the City of Miami Beach, as described below:
a. Trolley Service Areas. The trolley service is a fixed route, fixed schedule public Transit
service and will be directly managed, and funded by the CITY. The trolleyservice areas shall
include: one (1) route in the North Beach area (North Beach Loop); one route in the Middle
Beach area (Middle Beach Loop); one route connecting the North, Middle and South Beach
(Collins Express), all as more particularly described in the attached Figure 1; and one (1)
South Beach Route, as more particularly described in the attached Figure 2. The North Beach
Loop, Middle Beach Loop, Collins Express and South Beach Route, as more particularly
described in Section 3(b)herein, shall be collectively referred to herein as the Trolley Service
Area(s).
The CITY fleet shall have a total of thirty-three(33)trolley vehicles, including trolley vehicles used
as spares. Notwithstanding the foregoing, the City Manager, on behalf of the CITY, reserves the
right to increase or decrease the number of trolley vehicles in operation, reassign the trolley
vehicles between Trolley Service Areas, and/or purchase replacement trolley vehicles (even if
older than the year 2016), as deemed necessary, in the City Manager's sole discretion; provided,
however, that any such administrative modifications to the City's fleet does not cause an increase
in the annual operating costs under this Agreement. In connection to any reassignment of the
trolley vehicles, the City Manager has authority to modify the headways for any affected Trolley
Service Area. Depending on number of vehicles in service, the average headways/service
frequency along routes shall be as depicted in Table 1 below:
Page 10 of 24
Page 885 of 1576
Table 1:
Route/Loop Name Number of vehicles in service Average headway/service frequency goal(min)
6 11
South Beach Loop A - 5 13
4 16
3 22
6 13
South Beach Loop B 5 16
4 20
3 26
5 15
Middle Beach Loop 4 20
3 26
7 13
6 15
Collins Express 5 18
4 ' 23
3 30
4 15
North Beach Loop 3 20
2 30
CONTRACTOR shall ensure that every effort is taken to repair vehicles quickly, enabling for
primarily Low-Floor vehicles to be used on the South Beach Route. Under exigent circumstances,
to enable for proper service coverage, high-floor vehicles can be used along the South Beach
Route, however, as soon as a Low-Floor vehicle is made available, it should replace a high-floor
vehicle operating along the South Beach Route. Conversely, Low-Floor vehicles can only be used
on loops other than the South Beach Route(i.e. North Beach Loop, Collins Express, and Middle
Beach Loop) if absolutely necessary to maintain service coverage on those loops and subject to
the conditions described above.
b. Description of Routes for each Trolley Service Area.
1. The North Beach Loop extends from 65th Street on the south side to 88th Street on
the north; and from Collins Avenue on the east to the western CITY limits along 71St
Street/Normandy Drive. This neighborhood consists of a variety of land uses that are integral
to the success of a local Transit service. The intent of the North Beach Loop is to provide local
public Transit service within a 7 mile closed loop in the North Beach area of the CITY. This
route is intended to serve the Collins Avenue and 71s'Street commercial corridors, as well as
residential areas along the Biscayne Point and Normandy Shores area.
2. The Middle Beach Loop is intended to provide Transit connectivity between major
high-density corridors, local venues, employment centers, parking facilities, commercial
corridors and public facilities between Mount Sinai Hospital and the Convention Center
through the 41s1 Street corridor and Collins Avenue/Indian Creek Drive corridors. This route
alignment is bounded by 44th Street to the North, Alton Road to the West, Collins Avenue to
the East and Lincoln Road to the South.
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3. The Collins Express provides connection between the North Beach Loop, Middle
Beach Loop and the South Beach Route.The service operates from 88th Street to Washington
Avenue/Lincoln Road along Collins Avenue, Harding Avenue, Indian Creek Drive and 17th
Street. Collins Express trolley service is intended to reduce the number of transfers required
to travel between North Beach, Middle Beach, and South Beach as well as travel times,
thereby resulting in a quicker and more attractive and efficient intracity trolley service.
4. The South Beach Route consist of (2) distinct loops: 1) "Loop A" operating in a
clockwise direction; 2) "Loop B" operating in a counter-clockwise direction. Service extends
from South Pointe Drive to the South to 2r Street to the North, Washington Avenue and
Collins Avenue to the East, and Belle Isle to the West.
5. Operating days, hours and number of vehicles in service may vary on a monthly
basis.As depicted in Table 1 of Section 3(a),service frequency will vary depending on number
of vehicles in service along routes.
c. The CONTRACTOR shall provide the required vehicles, drivers, dispatchers, fuel,
storage, operation, maintenance, repairs, bonds, and insurances, in order to provide the CITY
with a first class, turn-key public trolley transportation system (the Project or the System).
The Service, in general, shall comply with the System specifications and service standards
described herewith; comply with any Interlocal Agreements between the CITY and Miami-
Dade County in connection with each of the Trolley Service Areas; comply with any and all
Federal, State, County, and CITY laws applicable to this service; and provide management,
technical and operating personnel and services necessary for the operation of the CITY's fixed
route(s)trolley system. All services shall be subject to the control of the CITY and coordinated
by the CITY. The CONTRACTOR's day to day operations shall be vested in the
CONTRACTOR's full-time System Manager, who shall serve as the CONTRACTOR'S
representative under this Agreement. In addition, an officer or senior management employee
of CONTRACTOR shall be available to the CITY either by phone, electronic mail, or in person,
to make decisions or provide coordination under this Agreement, as necessary.
All System vehicles shall have bicycle racks, all required interior and exterior signage, interior
and exterior regulatory signs as well as vehicle ID signs, interior map frames (approximately
21 x21 in size) and brochure holders (similar to that of Miami Dade Transit Buses), electronic
marquees and wheelchair lifts, as applicable.
4. OPTIONAL EQUIPMENT. The CONTRACTOR shall equip all trolley vehicles with the
following equipment (Optional Equipment), including but not limited to: monitors, video
surveillance system with capabilities of live feed, recording audio and video and storing
recorded data for a minimum of three (3) weeks, automatic passenger counters (APC),
Automated Voice Information Systems(AVIS), Wi-Fi services, real time GPS tracking services
(with capabilities to provide mileage, service hours and ridership reports, and capabilities to
provide data in a format that is compatible with Miami-Dade County's mobile application
"Miami Dade Bus Tracker"). The costs of the above equipment and related maintenance fees
are not included in the hourly rate for this Agreement. The purchase of said Optional
Equipment shall be subject to the prior written approval of the City Manager or designee.
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Except as to certain exceptions (delineated below)', upon said approval, the CONTRACTOR
shall invoice the CITY separately for the purchase, installation and service related to this
Optional Equipment. In addition, the City Manager or designee may approve, in writing, the
purchase of additional Optional Equipment for the trolley vehicles in the CITY fleet, as may
be needed in the Administration's sole discretion and subject to budgetary appropriation. The
CITY shall retain ownership of all Optional Equipment purchased for the trolley vehicles.
5. TROLLEY DELIVERY. CONTRACTOR shall provide the CITY with an amortization schedule
for each new trolley vehicle, based upon the purchase price of each new trolley vehicle. Said
amortization schedule shall be subject to the written approval by the City Manager, and shall
be attached to the Agreement as Exhibit D-2 for the New Modified trolley vehicles, and as
Exhibit D-3 for the Low-Floor trolley vehicles. The amortization schedule for the high-floor
trolley vehicles is attached hereto as Exhibit D-1. Each of the amortization schedules shall
contain a breakdown of the principal and interest portions of the payments set forth therein.
6. GENERAL REQUIREMENTS FOR ALL PERSONNEL.
a. All personnel assigned shall be knowledgeable of the Services to be provided herein;
b. All Project personnel shall maintain a professional, courteous attitude, answering
to the best of their ability any passenger questions regarding the provision of
Services. Discourtesy, rudeness, or the use of profanity will not be tolerated and
shall be grounds for immediate removal of the offending employee from performing
work on the Project or performing Services.
c. Drivers and dispatchers shall accurately complete and submit the required operating
reports daily;
d. The CONTRACTOR shall provide manuals related to personnel policies and procedures,
and maintain an employee acknowledgment file with employee signature indicating they
have read and fully understand its contents. CONTRACTOR shall provide a copy of
training program and employee handbook to the CITY upon request.
e. All personnel shall be required to attend quality/safety workshops as required by the CITY,
up to a maximum of sixteen (16) hours per year, per employee. Certification of training
shall be presented to the CITY on an annual basis.
7. VEHICLE OPERATORS (DRIVER) REQUIREMENTS.
a. Vehicle operators must have a valid Florida CDL (chauffeurs or commercial) driver's
license with endorsement for passengers, HACK license, as well as any other licenses
required by applicable federal, state, and local regulations.
b. Vehicle operators shall be trained in all operational procedures relating to the System,
including thorough knowledge of the service area street network and points of
destination/interest along or in close proximity to the route.
c. Drivers shall be fully trained in defensive driving and vehicle handling.
d., Drivers shall be trained in the special skills required to provide transportation to elderly
and disabled individuals.
e. Drivers shall be trained to understand and practice the high quality of service required by
the CITY, and expected of a first-class System. Drivers SHALL follow the Ambassador
Style Customer Service section incorporated herein and attached to the Agreement as
Exhibit B.
' Pursuant to Amendment No.8, LSF assumed the cost to purchase and maintain Optional Equipment for
an additional spare vehicle, and pursuant to Amendment No.10, LSF assumed full replacement and
installation costs for a replacement vehicle, including the Optional Equipment, relating to a fire loss.
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f. Drivers shall assist passengers confined to wheelchairs in boarding and shall perform the
tie downs.
g. Drivers shall be trained to operate all types of vehicles (including reserve vehicles owned
by the CONTRACTOR) in service, wheelchair lifts, and secureness systems, and other
equipment that they may be expected to use during service hours.
h. Drivers shall be available and on-time daily to ensure consistent and reliable service.
i. No vehicle operator shall take lunch hour or breaks inside or close by his/her vehicle.
j. Drivers shall be dressed and groomed appropriately. Further, all drivers shall wear a
uniform acceptable to the CITY and that takes into account the CITY emblem and vision.
k. Drivers and/or any other employee in contact with passengers shall wear identification
tags clearly displaying their first name only while performing their duties;
I. Each Driver and vehicle shall have an accurate timepiece available and in clear sight at
ail times during vehicle operation.
m. Each driver SHALL have an operational two-way radio in the trolley vehicle in order to
communicate with dispatch operators, supervisors, and other trolley drivers in order to
ensure compliance with schedule and headways and avoid vehicle bunching.
n. Drivers are required to have a thorough knowledge of traffic regulations along the route
and the schedule time points.
o. Drivers shall be trained to understand and practice the high quality of customer service
required by the CITY. The CONTRACTOR should provide adequate customer service
training to its employees (drivers/customer personnel) and should demonstrate to the
CITY that drivers/customer personnel operating trolley vehicles for the CITY have
attended and successfully completed customer service trainings. Drivers SHALL
demonstrate excellent customer service, sensitivity, courtesy, professionalism, high
ethical standards, helpfulness, and safe driving habits. The Ambassador Style Customer
Service section incorporated herein and attached to the Agreement as Exhibit B SHALL
be included in the CONTRACTOR's training workshop schedule if not covered already.
p. Drivers shall not transport any animal, except seeing-eye dogs and special companion
assistant dogs.
q. Drivers and dispatchers shall accurately complete and submit the required operating
reports daily, including ridership counts (unless vehicle is equipped with Automated
Passenger Counts capabilities).
r. Drivers shall log and report all events that jeopardize the safety of passengers or impede
vehicle movement pursuant to the Accident and Incident Procedures described herein.
s. Drivers are required to adhere to and maintain the scheduled frequency of trips
(headways).
t. Drivers need to be sensitive to ridership comforts, such as the interior temperature of their
respective vehicle, cleanliness of vehicles, etc. It is imperative that the on-board air
conditioning unit function properly at all times while the trolley is in service. An interior
ambient temperature of 72 degrees Fahrenheit is desired at all times during trolley
operation.
u. Drivers shall be prohibited from playing the radio during the hours of operation of the trolley
vehicles.
v. Drivers shall announce stops if trolley vehicle is not equipped with automated stop
announcement capabilities or if equipment is malfunctioning (please refer to number 6
under STANDARD OPERATING PROCEDURES).
8. DISPATCH OPERATORS. Dispatch personnel shall be bilingual (English and Spanish) and
trained in the Ambassador Style Customer Service incorporated herein and attached to the
Agreement as Exhibit B. In addition, dispatch personnel is expected to proactively assist
drivers to avoid bunching issues through the use of two-way radio communication and GPS;
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dispatcher shall coordinate fueling, breakdowns, vehicle re-gens and other issues to avoid
interruption of service or headway increase. All dispatch operators shall be able to
communicate via two-way radio with supervisors and drivers.
9. STAFF LEVELS AND WAGES. The CONTRACTOR shall be responsible for payment of all
employees' and/or subcontractors' wages and benefits. The CONTRACTOR's personnel
wages and work hours shall be in accordance with applicable Federal, State and local
regulations affecting such personnel.
The CONTRACTOR shall pay staff wages within the acceptable ranges of the transportation
industry for the established positions, understanding the specialty skills required to perform
an Ambassador Style Customer Service; it is highly desirable that CONTRACTOR offers
competitive salaries, benefits and incentives for drivers,dispatchers and road supervisors who
excel in their responsibilities.
10. MINIMUM PERFORMANCE STANDARDS. The CONTRACTOR shall strive to provide a
fixed-route public Transit service in the Trolley Service Areas, in a manner that will maximize
the efficiency of the service while achieving excellent customer service. The performance
measures specified herein, balanced with the Ambassador Style Customer Service criteria
incorporated herein and attached to the Agreement as Exhibit B, will serve as the benchmark
standards for the periodic evaluation of the CONTRACTOR by the CITY and for the
assignment of performance penalties by the CITY as provided in Exhibit C.
The CONTRACTOR and the CITY shall meet periodically to evaluate the Services, based
upon the performance standards established by the CITY. The following minimum
performance standards are agreed to between CONTRACTOR and CITY for the term of the
Agreement:
Sanitation:
• Interior and exterior of vehicles must be kept in pristine condition, 100% of the time.
Reporting:
• All applicable reports (including, but not limited to, ridership reports, service
interruption reports and invoices)must be filed within the specified time frame, 100%
of the time.
Safety:
• Drivers shall follow all applicable traffic regulations, 100% of the time.
Fines:
• CONTRACTOR shall operate and manage the vehicles free from any penalties
which may be imposed on the CITY by local, state, and federal agencies, 100% of
the time,
Reliability:
• 85% on-time performance (no more than 5 minutes late as compared to average
headway goal to any pre-determined stop location mutually agreed between the
CONTRACTOR and the CITY) for all trolley routes South Beach Loops A, and B,
Middle Beach Loop, Collins Express and North Beach Loop.
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Equipment Malfunction:
• Repairs of any malfunctioning equipment related to vehicle or passenger safety shall
result in immediate vehicle out-of-service with notice to the CITY within two(2)hours,
100% of the time. A trolley spare vehicle shall be dispatched immediately upon
interruption in service to ensure on time performance. Trolley spare vehicle shall
commence service no later than one (1) hour after service disruption. The
CONTRACTOR shall not be compensated for any time elapsed without service.
• If no parts need to be ordered, repairs shall occur within two (2) business days (48
hours), 95% of the time.
• If parts are required, orders shall be placed within 24 hours and repairs shall be
performed within 24 hours of receipt of required parts.
Customer service:
• Respond to customer complaint within 48 hours, 95% of the time.
• Drivers properly uniformed and groomed 100% of the time.
• Drivers, dispatchers and road supervisors must adhere to the AMBASSADOR
Service Style Customer Service attached as Exhibit"B" herein.
Radio Communication:
• Effective radio communication through the use of two-way radios between
dispatchers, drivers and supervisors, 100% of the time. Two-way radios shall have
separate frequencies enabling dispatchers to communicate to individual routes,
rather than communicating to all vehicles in the CITY fleet, unless needed in
emergencies.
The CITY reserves the right to request the removal of any CONTRACTOR employee from the
Service Areas upon noncompliance of performance standards dictated above.
11. MAINTENANCE. The CONTRACTOR shall prepare and submit upon execution of this
Agreement,a written Preventive Maintenance(PM)Policy and Program Manual. Any changes
after award must be approved by the CITY in advance. The CONTRACTOR shall provide
separate PM programs for the vehicle heating and air conditioning (HVAC),
The CONTRACTOR shall assume full responsibility for ensuring that all System vehicles used
in connection with the Project shall at all times be maintained at the highest levels and in a
manner that is consistent with good business practices and the standards for condition and
quality, commensurate with a first-class public trolley transportation system. Notwithstanding
the preceding,. CONTRACTOR shall, at a minimum, ensure that all vehicles are well
maintained, safe, and fully operable in accordance with the highest standards of care and
shall provide the following:
• Vehicle maintenance and repair (including, without limitation, all preventive
maintenance, as well as emergency maintenance such as dead batteries, flat tires,
etc.); and
• Interior and exterior cleaning.
The CONTRACTOR shall immediately report and repair any damage to the interior or exterior
of vehicle(s). If a vehicle is damaged, the CONTRACTOR shall retire that vehicle from service
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as soon as practicable and a spare vehicle shall be immediately dispatched to service the
route. Exterior damage to vehicle(s)due to collisions, scratches, and graffiti markings shall be
repaired within 24 hours.
CONTRACTOR shall not permit the use of any vehicle, in a state of repair that violates any
Applicable Laws. Vehicles may only be driven and/or parked in areas designated for such
purposes and as provided for under this Agreement and pursuant to Applicable Laws.
•
The CITY, and/or its officers, employees, agents, and/or contractors shall not be responsible
or liable for any damage to CONTRACTOR'S vehicles. CONTRACTOR shall be responsible
for and provide reasonable security measures which may be required to protect the vehicles.
Under no circumstances shall the CITY be responsible for any stolen or damaged goods,
facilities, materials, and/or other equipment including, but not limited to, the vehicles, nor shall
CITY be responsible for any stolen or damaged personal property of CONTRACTOR'S
employees, contractors, subcontractors, agents, vendors, patrons, guests, invitees, and/or
any other third parties.
•
CONTRACTOR, at its sole cost and expense, shall maintain and store the vehicles and
provide lubricants, repairs, parts, and supplies required for the maintenance and operation of
all buses and service vehicles. The CONTRACTOR will be responsible for supplying all •
vehicle fuel. The CONTRACTOR will be responsible for providing tires for all vehicles. It shall
be the CONTRACTOR's responsibility to maintain the color scheme in good condition, with
painting/decaling as needed, throughout the life of the Agreement.
12. FARES/COLLECTIONS. Should the CITY opt to charge fares for the trolley service, the
equipment, installation, and maintenance needed for implementation shall be the
responsibility and at the cost of the CITY.
All fares collected shall become the property of the CITY and the CITY will sanction
procedures to control the fare box collection, auditing, etc. The CONTRACTOR shall abide by
any sanctioned procedures by the CITY.
13. ROAD SUPERVISION. The CONTRACTOR shall provide sufficient road supervision to
monitor drivers, vehicles, quality of service, and adherence to all established routes,
headways and schedules, and to respond to emergency calls as appropriate. At least one (1)
of the road supervisors shall be fully dedicated to the City of Miami Beach, and be accessible
via phone at any time during service hours of operation. The road supervisor shall be required
to meet on a weekly basis with the CITY's Transportation Operations Supervisor at the CITY's
discretion to provide feedback of the daily operation and discuss potential
strategies/improvements to service. The dedicated road supervisor shall have competent
communication skills.
The CONTRACTOR's supervisory personnel shall ensure established performance measures
are met at all times; including during fueling, relieves, bathroom breaks, accidents, and all
applicable.
The CONTRACTOR's training for supervisory personnel shall cover the practices for transit
operators and supervisors recommended by the American Public Transportation Association
(APTA). The CITY reserves the right to test supervisor's knowledge on common practices at
any time.
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The CONTRACTOR shall be responsible for furnishing supervisors with mobile phones/pads
(monitoring tools) capable of handling the mobile application and website to be developed for
the Trolley Service Areas. All supervisors shall be able to communicate via two-way radio with •
dispatchers and drivers.
Active drivers CANNOT be road supervisors while on driving duty. If a road supervisor has
been assigned to driving, a different road supervisor must take over the supervisory tasks.
14. ACCIDENT AND INCIDENT PROCEDURES.The CONTRACTOR shall develop, implement,
and maintain procedures to respond to all accidents, disturbances, passenger
injuries/fatalities, and any other service interruptions/failures. These shall be reported to the
CITY in accordance with the established performance measures herein.
All traffic accidents involving System vehicles, irrespective of injury, shall be immediately
reported to the City of Miami Beach Police Department. The CONTRACTOR will advise such
agency of the accident and request a police unit to investigate the accident.
The CONTRACTOR operating a trolley vehicle shall give the CITY's Transportation
Operations Supervisor immediate verbal and subsequent written notice of the following
events:
• A fatality, where an individual is confirmed dead within thirty (30) days of a Transit
accident, excluding suicides and deaths from illnesses.
• Injuries requiring immediate medical attention away from the scene for one or more
individuals.
• Property damage to trolley vehicles, transit system vehicles other than trolleys, other
trolley System property or facilities, or any other property. The CITY's Transportation
Operations Supervisor shall have discretion to investigate events resulting in property
damage less than $1,000.
• Evacuation of a trolley vehicle due to a life-safety event where there is imminent danger
to passengers on the trolley vehicle(s), excluding evacuations due to operational issues.
Immediate notice of all above-referenced events/accidents is required and such notice shall
not be delayed for more than one(1)business day.These notices,at a minimum, shall include
the date, time, location of the occurrence and the appropriate number of persons killed or
injured. The person making the notification must provide his or her name and title, the trolley
number involved and state where he or she can be reached for further details. In addition, the
person must supply any additional information requested. The CONTRACTOR must ensure
the physical evidence of the accident scene is properly documented prior to the scene being
cleared. Immediate notice of the above occurrences shall be reported by telephone.
Immediate notice of all said accidents is required, but in no instance shall the notice be
delayed for more than two (2) hours.
A written notice shall be submitted to the CITY, unless otherwise specified by the CITY,within
one(1)business day(24 hours)of the occurrence for all fatal accidents and all injury accidents
which result in injuries to one (1) or more passengers, on the form entitled "Trolley Operator
Accident Report" which is set forth in the System Safety and Security Program Plan.
The CONTRACTOR shall assist the CITY in documenting accidents and incidents. Report
shall meet all applicable FDOT and F.A.C. Chapter 14-90 reporting requirements.
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15. EMERGENCIES- NATURAL DISASTERS. In the event of an emergency or natural disaster,
the CITY may require the CONTRACTOR to make available,to the maximum extent possible,
transportation and communications services and facilities to assist the CITY in ameliorating
such incidents. Any such use of the trolley vehicles for emergency response purposes must
be pre-approved by the Office of Transportation of the CITY, and said approval must be
secured in writing. To the extent the CITY requires the CONTRACTOR to provide such
emergency services, the CONTRACTOR shall be relieved of the obligation to fulfill the duties
and responsibilities of operating the current or any future trolley operations which may be
established herein. Further, the CONTRACTOR shall be entitled to be paid reasonable
compensation for providing such emergency services and facilities, provided however, that
the amount of such compensation and time of its payment shall be mutually agreed upon by
the CONTRACTOR and the CITY prior to the conclusion of the emergency or disaster, or at
such other time as they may mutually agree upon.
16. VEHICLE FACILITIES. Prior to signing an Agreement with the CONTRACTOR, the CITY
reserves the right to inspect the CONTRACTOR's maintenance facility. The facility shall have
features, including but not limited to:
a. A dispatch room and supervisor station;
b. Facility for maintenance of the vehicles;
c. Storage for the CONTRACTOR's vehicle maintenance equipment(including
cleaning supplies and spare parts);
d. Security for the trolley vehicles.
17. EQUIPMENT. CONTRACTOR's vehicles shall meet all specifications set forth in Table 1 and
composite Figure 2a, 2b, 3a, and 3b attached hereto, for the high-floor trolley vehicles; all
specifications set forth in composite Table 2, attached hereto, for the fourteen (14) new
modified high-floor trolley vehicles;and all specifications set forth in composite Table 3 hereto,
for the low-floor trolley vehicles. Transit vehicles must meet the requirements of Florida
Administrative Code 14-90 (i.e. passenger door mirror height, etc.). The System fleet must
meet all local, state and federal requirements as applicable to public Transit vehicles.
Vehicles shall be furnished with advertisement space in the interior, for use exclusively by the
CITY, in addition to space for route specific information (Map Frame and Brochure Area).
The CITY shall inspect and approve vehicles and equipment prior to the CONTRACTOR
beginning service (CITY's acceptance).
All vehicles shall be equipped with video surveillance system with capabilities of live feed,
recording audio and video and storing recorded data for a minimum of three (3)weeks. The
CONTRACTOR shall train ail road supervisors, and develop procedures on how to retrieve
data from the surveillance equipment in the vehicles and on how to upload the videos to their
office computers. Should an event occur, where surveillance data is required, the
CONTRACTOR shall provide the video output to the Transportation Operations Supervisor of
the CITY via email within 24 hours.
Vehicles will be delivered with special paint or decaling scheme for the Trolley Service Areas
(as designed by the CITY). The cost of such painting/decaling shall be borne by the
CONTRACTOR.
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18. CLEANING. CONTRACTOR shall provide all labor and materials necessary to keep the
vehicles clean at all times. CONTRACTOR shall wash the exteriors and mop floors of the
vehicles, including support vehicles, twice weekly, and shall clean the interiors of the vehicles
daily by picking up all litter, sweeping the floor, and cleaning the windows if required.
CONTRACTOR shall clean all interior items including seats, handrails, and windows weekly
as to maintain a clean vehicle. CONTRACTOR shall perform a detailed interior clean at least
twice a month. During this clean, CONTRACTOR shall remove as many gums and stains as
possible from the interior of vehicle. The CONTRACTOR shall provide a monthly schedule of
the cleanings of the vehicles on the 15t of every month.The CITY reserves the right to request,
in writing, the replacement of any vehicle, which in the Transportation Operation Supervisor's
reasonable discretion is in poor interior or exterior aesthetic condition. CONTRACTOR shall
complete a requested replacement within two (2) hours.
ALL operating vehicles shall be scented with products approved by the CITY(at least twice a
week). The interior passenger compartment shall be free of roaches and other insects or
vermin as well as noxious odors from cleaning products. CONTRACTOR shall remove all
graffiti from the exterior and interior of the vehicles immediately or as soon as it is practical,
but no later than the start of the next day's service. If the graffiti is offensive or vulgar and
cannot be removed, that vehicle shall be taken out of service immediately and not be placed
back in service until the offensive graffiti is removed.
19. OPERATING RESPONSIBILITIES AND PROCEDURES.
A. STANDARD OPERATING PROCEDURES. The CONTRACTOR shall provide written
procedures for operation of the Service ("Standard Operating Procedures"). Any
changes after award of Agreement must be approved by the CITY in advance. These
Standard Operating Procedures shall include, but not be limited to, the following:
1. Procedures for notifying CITY of service delays and interruptions;
2. A list of names and phone numbers of contact persons who can make
operating decisions and can be reached immediately;
3. Accident review procedures and Operator corrective processes;
4. Radio check-in and coordination procedures for maintaining vehicle headways,
including procedures for GPS/Automated Vehicle Location reporting;
5. Description of Operator training (including hospitality and courtesy
("Ambassador")training)
6. Procedures for operating vehicles and providing service, including procedures
to insure that stop announcements are made by bus operators;
7. Procedures for daily servicing;
8. Procedures for dispatching vehicles to achieve balanced accumulation of
mileage for each vehicle in the fleet and accomplish required Service and
maintenance;
9. Contingency plan for emergencies such as accident, fire, mechanical failure,
inclement weather, and criminal activity;
10. Procedures for the handling of public and internal comments and complaints,
and;
11. Operator safety, recognition and rewards program, and disciplinary procedures
for the Operator misconduct. Special attention should be paid to an incentive
program for front line employees who provide excellent customer service.
12. Customer service guidelines, employee standards of conduct.
13. Supervision, with sufficient supervisory level personnel to respond to service
problems, monitor performance schedules and procedures, and 'enable
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operators to communicate with the base office, during all Hours of Operation.
14. Drug and Alcohol Testing program pursuant to Section 440.102, Florida
Statutes. A description of this program shall be submitted upon execution of
this Agreement.
B. ADDITIONAL OPERATING PROCEDURES. The CONTRACTOR will observe all
safety rules and other requirements of regulatory bodies having jurisdiction over the
Service Area and operate the vehicles with the highest regard for all aspects of safety.
1. The CONTRACTOR will not use or allow the Vehicles to be used for any illegal
purpose.
2. The vehicles shall not be used for towing, pushing or any purpose other than
the transportation of passengers.
3. The CONTRACTOR shall not overload the vehicles beyond their specified
carrying capacity nor operate a vehicle in an unsafe manner.
4. No other use may be made of the vehicles dedicated to the CITY except as
specifically authorized in writing by the CITY.
5. All Vehicles shall operate with headlights and taillights turned on while in
service.
6. CITY will designate specific bus stops along the routes described
herein. Passengers shall be picked up and discharged only at these
designated bus stops. Four-way flashers shall be used whenever the vehicle
is stopped to load or unload passengers.
7. Service shall be provided to all orderly persons who pay the proper fare (if
applicable) and comply with passenger conduct rules and regulations
established by the CITY. The CONTRACTOR shall not discriminate against
any passenger or prospective passenger because of race, color, national
origin, sex, age, disability, religion, income or familial status. Additionally,
CONTRACTOR shall comply with City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from
time to time, prohibiting discrimination in employment, housing, public
accommodations, or public services, on the basis of actual or perceived race,
color, national origin, religion, sex, intersexuality, sexual orientation, gender
identity, familial and marital status, age, ancestry, height, weight, domestic
partner status, labor organization membership, familial situation, political
affiliation, or disability.
8. Mobility impaired passengers shall be assisted, as necessary, from the
curbside to a secured position on the vehicle while boarding, or in reverse
while alighting the vehicle. An Operator shall not provide assistance to a
mobility-impaired passenger beyond the curbside. No assistance shall be
required of art Operator, other than as specified above, if it necessitates
leaving the driving position.
20. INITIAL VEHICLE INSPECTION.. The CITY reserves the right to inspect any vehicle to be
used as part of the proposed transit service. Should a vehicle be found to fail to comply with
the specifications included herein, the CONTRACTOR shall be responsible for performing
modifications to the vehicle until acceptable, and within (5) business days after notified in
writing by the CITY.
21. FINES OR OTHER CHARGES. If the fines or other charges for which the CONTRACTOR is
responsible are levied, assessed, charged or imposed against the CITY, the CITY will notify
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the CONTRACTOR in writing of this fact. The CITY may pay any fine or their charge, whether
levied, assessed, charged, or imposed against the CITY for the CONTRACTOR. In the event
payment is made by the CITY, the CONTRACTOR will reimburse the CITY within seven (7.)
calendar days after receipt of an invoice. Failure to make such reimbursement when due may,
at the option of the CITY, be deemed a default under the Agreement or be recouped from any
payments due to the CONTRACTOR.
The CONTRACTOR shall be liable for any penalties imposed on the CITY by local, state, and
federal agencies due to the CONTRACTOR's failure to obtain the proper vehicle licenses or
maintain vehicles in accordance with local, state, and federal regulations. In addition, the
CONTRACTOR shall be responsible for fees listed in Exhibit C "Performance Penalties" as
applicable. Services shall be managed by the CONTRACTOR in accordance with the
guidelines and parameters established herein and the attachments hereto.
22. REPAIRS
A. GENERAL REPAIRS. CONTRACTOR shall provide as required all general repairs to
vehicles provided by this Agreement. This includes replacement of items that are or
appear to be worn out.
B. MECHANICAL AND BODY REPAIRS. Within two (2) days (unless parts have to be
ordered) of learning of damage or the need for any repairs, the CONTRACTOR will
complete or cause to have completed all mechanical repairs found necessary to maintain
the function of all components and features of the vehicles unless otherwise directed in
writing by the CITY.
1. Body and frame repairs, inclusive of necessary painting, will be inspected and
certified in writing as completed by the garage performing the work prior to returning
the vehicle to service.
2. Minor body damage repairs shall be repaired as soon as possible, but not to exceed
two (2) weeks, subject to the availability of OEM parts when needed.
3. Major body damage shall be repaired before returning the vehicle to service, not to
exceed five (5) weeks out of service, subject to the availability of OEM parts when
needed.
4. Repairs to non-working items that relate to safety shall be completed prior to
returning the vehicle to service. Failure of safety related items on a vehicle while
performing service shall require immediate removal of the vehicle from service for
repair. These items shall include legally required lights, working brakes, tire tread
depth or condition or any other mechanical condition that may have an effect on
continued safe operation of a vehicle.
5. The CONTRACTOR shall be responsible for providing any towing services
necessary to complete repairs required. Such services shall be done in a safe
manner that will not cause damage to the vehicle, its structure or components.
23. VEHICLE RECORDS. The CONTRACTOR shall provide Monthly Summary Reports to the
Transportation Operations Supervisor of the CITY in conjunction with submittal of its monthly
invoices for payment. The format to be used for operating reports and monthly summaries
shall be developed by the CONTRACTOR and approved by the Transportation Operations
Supervisor of the CITY. Said monthly reports shall be submitted no later than the 15th calendar
day of the following month, as part of CONTRACTOR'S invoices for payment. Monthly report
figures shall coincide with daily trip sheet totals for the month and shall be broken down on a
weekly basis (from Sunday to Saturday). The CONTRACTOR shall certify as accurate all
information given to the CITY.
Page 22 of 24
Page 897 of 1576
24. DAILY RECORDS/REPORTS.
a) Telephone/E-mail Report: The CITY shall be notified via e-mail or via phone, promptly
followed by an e-mail to the CITY's Transportation Operations Supervisor, as to any
change of vehicle and/or driver, special runs, interruption of service due to inclement
weather, out-of-service vehicles, emergencies and accidents. Field supervisors,
dispatchers and general managers shall provide immediate notice to the Transportation
Operations Supervisor of the CITY after any of the above-mentioned events.
b) Upon notifying the CITY of an interruption in service due to any of the above-mentioned
events, the CONTRACTOR's manager or field supervisor shalt notify the CITY in
writing, via e-mail to the CITY's Transportation Operations Supervisor. CONTRACTOR
shall report time and date vehicle went in/out of service.
c) Daily driver logs will be used by each shift of operators, a copy of which is to be
submitted to the CITY on a weekly basis. The log is the source document for use in
determining the total miles, number of passengers (manually counted) and passenger
categories. Missed miles and missed trips will be determined from the log by comparing
actual daily miles entered into the log against predetermined daily total miles for each
vehicle.
d) Daily dispatcher logs shall include, but not be limited to, the following information:
number of incoming calls, type of information requested (restaurants, shops,
entertainment, fares, schedule, stop locations, etc.).
e) Fare box revenue (if applicable) shall be recorded daily and a copy submitted to the
CITY with the Monthly Summary Report.
25. MONTHLY SUMMARY REPORTS. The CONTRACTOR shall prepare and submit to the
Transportation Operations Supervisor of the CITY a monthly summary report within fifteen
(15) calendar days after the end of the operating month, which shall be submitted along with
CONTRACTOR'S invoices for payment(as one of the required documents thereto). Monthly
Summary Reports shall include, but not be limited to:
a) Vehicle Total service hours and Miles: Monthly report figures shall coincide with daily
trip sheet totals for the month, by Route.
b) Total Ridership: Monthly totals of the number of passengers carried, by Route.
c) Total Passenger Revenue Summary(if applicable):Amount of fares/coupons collected,
by Route.
d) Service Break Summary: vehicle out-of-service, operational problems, breakdowns,
missed trips and delays over fifteen (15) minutes.
e) Complaints and Compliments: passenger complaints and compliments collected by the
CITY and description of any action taken regarding complaints. Passenger complaints
related to safety or serious operational deficiencies shall be reported to the
CONTRACTOR by the CITY no later than the next workday following the CITY's receipt
of complaint.
f) Vehicle Condition Summary: mileage (month, year, to date, total), fuel and oil
consumption (miles per unit), accidents, preventive maintenance and inspection
program (actual vs. program), summary of major component rebuilding/repairs made,
by vehicle.
g) Equipment Status Summary: all other CITY-owned equipment.
h) General Summary: all other issues, evaluations, suggestions for improvements.
i) Pass and Ticket Sales Report(if applicable): number of tickets and passes sold by each
vendor over the last month.
j) Reports for the Trolley Circulator Service shall be detailed by day and tabulated for the
month.
Page 23 of 24
Page 898 of 1576
k) The Summary Report shall also include a recap of the service, summary statistics for
current month, year-to-date, same month last year (when applicable) and percent
change from last year for total system (if applicable). Spreadsheet type graph(s) of
trends in ridership, passengers per vehicle hour, and service quality measures shall be
developed. It shall also include problems with service/personnel/accidents, and
solutions proposed for the problems.
26.YEARLY SUMMARY REPORTS.Yearly Summary Report for Trolley Circulator Service shall
include, but not be limited to, miles, hours, passengers and costs itemized by month for each
service, including fare box collections(if applicable).
27. SUBMISSION OF INVOICES. Invoices and supporting documents for Services (or portions
thereof) satisfactorily rendered for the previous month, shall be submitted by the 15th day of
each month to the Transportation Department (Attention: Transportation Operations
Supervisor), 1688 Meridian Avenue, suite#801, Miami Beach, FL 33139, unless changed by
notice in writing by the CITY. Upon verification of the accuracy.and completeness of the
invoice and supporting documentation by the Transportation Operations Supervisor, the
invoice shall be forwarded for payment approval to the CITY.
a) Itemized monthly invoice.The CONTRACTOR shall submit, with the Monthly Summary
Report, an itemized monthly invoice to the CITY for the Services, or portions thereof,
rendered during the reporting period. Both the monthly invoice and the summary report
shall be received by the 15th day of the subsequent month. The itemized invoice shall
follow a format approved by the CITY.
b) Net amount due. The charge for trolley service minus the time scheduled vehicles were
out of service shall be submitted as the amount due the CONTRACTOR. The CITY
imposed Performance Penalties, if any, shall'be deducted from this amount.
c) Debits and credits.The itemized invoice shall be supported by documents(in excel and
pdf format as approved by the CITY previous to launch date) the documents shall
include corresponding service hours, ridership, service miles, vehicle IDs as may be
required by the CITY to establish that the amounts are allowable. Debits and credits
shall be itemized so that the total required has an understandable base. Debits would
include actual working days total per vehicle by hours, costs for extra runs beyond
normal schedules (specify use, dates, and hours), and/or costs for extra operating
hours caused by daylight savings time adjustments. Credits should be shown for out of
service hours per vehicle.
d) Open records. All invoices and related records will be available for inspection and/or
independent audit at the election of the CITY.
e) An excel version of the invoice, in addition to a signed hard copy, shall be provided to
the CITY for data management purposes.
Page 24 of 24
Page 899 of 1576
EXHIBIT C
PERFORMANCE PENALTIES
CONTRACTOR acknowledges that time is of the essence with respect to CONTRACTOR's
timely and continuous performance of the Services, and that upon failure of CONTRACTOR at
any time during the Term to perform the Services within any time periods specified under this
Agreement (including, without limitation, failing to timely and continuously comply with the
required schedules and hours of operation for the Project), CONTRACTOR shall pay to the
CITY the sums specifically set forth herein. Performance Penalties are hereby fixed and agreed
upon between the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by the CITY as a consequence of the CONTRACTOR's failure
to meet the minimum performance standards set forth in this Agreement and the resulting
deterioration in service, and both parties desiring to obviate any question of dispute concerning
the amounts of said damages. The CITY shall have the right to deduct from and retain out of
moneys which may be then due (or which may become due and payable), to CONTRACTOR,
the amount of such Performance Penalties, and the CONTRACTOR shall pay in full such
Performance Penalties.
Upon determination by the CITY of a failure to meet an established performance measure, a
written notification will be delivered to the CONTRACTOR's home office via email, with a copy
to its local Project Manager at the time of invoice processing for services provided.
Performance Penalties will not be applied without the CONTRACTOR receiving a written notice
specifying the issue and detailing the time and nature of the occurrence. The CONTRACTOR
shall take all reasonable actions requested by the CITY to promptly correct any deficiencies in
performance.
In the event that the CONTRACTOR fails to meet any performance standard established under
this Agreement, adjustments in the CITY payment to the CONTRACTOR will be made as
described below. The cumulative amount paid by the CONTRACTOR for performance
penalties shalt not exceed $1,500 per day lbased on a cumulative total of twenty-five
vehicles in operation per day (all loops in operation)). For the reduced service levels
cumulative amount paid by the CONTRACTOR for performance penalties shall not
exceed $60 per day per vehicle. For example, if service is operated with 15 vehicles, the
cumulative amount paid by the CONTRACTOR for performance penalties shall not
exceed $900 per day.
1. Uniforms:
• $50 per recorded event(first event)
• $100 per recorded event(any event thereafter within a one-month period)
• Drivers shall be properly uniformed and groomed, 100% of the time. Drivers shall
always wear the CiTY approved uniform
2. Service Interruption Reporting Requirements (failure to submit clear and accurate
written reports within 24 hours after a service interruption occurs):
• $250 per recorded omission (Any case in excess of one report omission per month)
3. Monthly Reporting Requirements (failure to submit clear and accurate monthly
reports (including but not limited to Ridership Reports, Service Miles Reports and
Service Hours Reports):
• $250 per recorded omission (Any case in excess of one event per year)
Page 900 of 1576
4. Graffiti/Tagging:
• $100 per recorded event (Any case in excess of twenty-four hours of reported issues
being unresolved)
5. GPS Malfunction or Omission:
• $200 per recorded event (Any case in excess of one day without tracking services per
month, unless due to a major natural disaster/emergency)
6. Wi-Fi Malfunction or omission:
• $200 per recorded event (Any case in excess of one day without tracking services per
month, unless due to a major natural disaster/emergency)
7. Two-Way Radio Malfunction or omission:
• $250 per recorded event (Any case in excess of one driver shift (AM or PM) without
radio communication between drivers per month)
8. Surveillance Cameras Malfunction:
• $100 per recorded event (Any case in excess of one day without video surveillance or
one failure to provide video feedback within 24 hours of request per month, unless due
to a major natural disaster/emergency)
9. Sanitation:
• $100 per recorded event(Any case in excess of one event per month)
10. Safety:
• $100 per recorded event (Any case in excess of one traffic citation)
• CONTRACTOR shall report all traffic citation incidents within three (3) days of citation
date. Failure to report citations to the CITY shall result in doubling the penalty amount to
$200 for each citation that is not reported on a timely basis.
11. Reliability:
• 85% on-time performance/headway regularity goal for ail trolley routes: the South Beach
Loops A and B, Middle Beach Loop, Collins Express, and North Beach Loop
• $100 for each event that doesn't meet on-time performance goal. Exhibit F of the
Agreement describes the agreed Procedure/Methodology for calculating On-Time
Performance/Headway Regularity of the City's Trolley Service. In case of events which
have a material impact upon traffic flow and headway performance of the trolley
service, which are not part of regular reoccurring traffic congestion, such as roadway
construction projects, long lasting lane closures, detours, vehicle cleaning in response
to COVID-19 pandemic or other similar events which are out of the reasonable control
of the CONTRACTOR, the CONTRACTOR shall notify the City, in writing, within 24
hours of occurrence ("Documented Traffic Interruptions"). The City will use discretion
when evaluating.impacts of such conditions on service reliability.
Page 901 of 1576
EXHIBIT F
PROCEDURE/METHODOLOGY FOR CALCULATING ON-TIME
PERFORMANCE/HEADWAY REGULARITY OF THE CITY'S TROLLEY SERVICE
For the purpose of evaluating OTP/headway regularity of each individual route, the following
headway and OTP/headway regularity goals will be used, depending on number of vehicles in
service:
if
( Average Service headway
Number of OTP/headway
Route/Loop Name headway goal allowing 5-min late
vehicles in service' I(min) regularity goal
arrival at the stop
6 11 16
South Beach Loop A 5 13 18
4 16 21
3 22 27
6 13 18
South Beach Loop B 5 16 21
4 20 25
3 26 31
5 15 20
Middle Beach Loop 4 20 25 85% all routes
3 26 31
7 13 18
6 15 20
Collins Express _ 5 18 23
4 23 28
3 30 35
4 15 20
North Beach Loop 3 20 25
2 30 35
Average headways and associated headway goals allowing for 5-min buffer that may not be
covered in the table above will be calculated and applied using the same methodology in which
route length, average operating speed and number of vehicles in service yields average
headways.
To meet the specified OTP/headway regularity goal, the CONTRACTOR shall provide service to
all pre-selected stops mutually agreed between the CITY and the CONTRACTOR by arriving no
more than 5 minutes late as compared to the average headway goal for the given route. For
example, for the South Beach Loop A, in case of 4 vehicles in service, the CONTRACTOR shall
arrive at all pre-selected stops along the route within 21 minutes(16-minute headway+ 5 minutes
late) 85% of the time.
Page 902 of 1576
TSO Mobile web-based tool allows for analysis/reporting of various metrics including headway
and On-Time Performance (OTP)/headway regularity. Utilizing "Stops Summary" under
"Headway Report" for the specific stop, time period, route, and specified headway, report which
contains number of visits to stop, and on-time performance at the stop among other information
will be generated. When multiple stops are used for evaluation of OTP, a single value for number
of visits and OTP will be calculated by using average values for each of the stops being evaluated.
For example, utilizing the Headway Report, stop number 232 for the Middle Beach Loop yields
56 visits and 81% OTP. Utilizing the same report, stop 246 for the Middle Beach Loop yields 58
visits and 85% OTP. Average number of visits would be (56+58)12= 57 and average OTP would
be (81+85)/2= 83%. Given that OTP in this example was calculated to be 83%, and number of
visits at 57, it results in 47 visits (0.83*57) conducted within specified goal of 25 minutes for this
route, provided 4 vehicles are serving the route (20 minutes + 5 minutes late). Given that
OTP/headway regularity goal of 85%, the number of visits needed to be conducted to be in
compliance with OTP/headway regularity standard is 0.85*57= 48. Finally, difference between
number of visits that would be compliant to OTP/headway regularity standard (48) and the actual
number of visits within headway goal (47) results in 1 event that doesn't meet OTP/headway
regularity goal. Exhibit C of the Agreement stipulates $100 for each event that doesn't meet
service reliability goal. The amount of penalties associated with this example would be one (1)
event * $100 = $100. The same methodology for calculating OTP/headway regularity would be
used in case alternative technology is installed/utilized in lieu of TSO Mobile.
In case of events which have a material impact upon traffic flow and headway performance of
the trolley service, which are not part of regular reoccurring traffic congestion, such as roadway
construction projects, long lasting lane closures, detours, vehicle cleaning in response to
COVID-19 pandemic or other similar events which are out of the reasonable control of vendor,
the vendor shall notify the City of occurrence of such event and the City will use discretion when
evaluating impacts of such conditions on service reliability. For example, if the Collins Express
operates with 6 vehicles, to meet the specified OTP/headway regularity goal the CONTRACTOR
shall arrive at all pre-selected stops along the route within 20 minutes (15-minute headway + 5
minutes late)85%of the time. If, at the end of the month, the City determines that, due to qualified
event (such is, for example, a detour associated with construction project along Collins Express
route) achieved average headways over the month period were 15% or higher as compared to
average headway goal during normal conditions, achieved average headways may be used for
evaluation of OTP/headway regularity of the route for that month. In this particular case, that
would mean that instead of using of(15-minute headway + 5 minutes late) 85% of the time, the
City may use 17-minutes headway + 5 minute late when evaluating OTP/headway regularity of
this route for this month. Similarly, if the achieved average headways along this route due to
qualified event, for the above example, were 19 minutes, the City may be using 19-minute + 5
minutes when evaluating OTP/headway regularity of this route for that month.
OTP/headway regularity of each individual route will be evaluated by the CITY and associated
reliability related penalties as stipulated in Exhibit C of the Agreement will be calculated and
assessed by the City on a monthly basis.
Page 903 of 1576
Table 2. Equipment and Services Specifications New High-Floor/Kneeling Vehicles
Item Specifications
Required Equipment
Make Supreme Corporation Modified Kneeling or approved equal at the City's sole
discretion
(29 Feet) Rubber Tire Trolley (Villager Trolley/Classic American) or approved equal
Vehicle Type
at the City's sole discretion
Number of vehicles required Fourteen (14)
Capacity Minimum 20 passengers
Power/fuel type Diesel
Accessibility Must meet requirements set forth by the Americans with Disabilities Act (ADA)
Vehicles procured under this Agreement shall not be older than 2016 models,
Reliability Standards unless approved, in writing,by the City Manager.
Properly functioning air conditioning, driver seatbelts, co-pilot seat, bicycle racks,
cow catcher, rear lift, Recaro driver seat, safety equipment, 21x21 map frame or
Vehicle Amenities(applies to all similar size as appropriate and hold-four brochure holder, modesty panel, pull
vehicles including spares) cords, interior signage (i.e. no eating or drinking, trolley ID and marquee), exterior
digital destination signs (marquees) on front, sides and rear of vehicles and leather
straps. Low steps (8" or less in height). Kneeling suspension. Floor plan to be
approved at the City's sole discretion.
Radio Communication and
Equipment(applies to all Fixed two-way radios for driver/dispatch communications and video surveillance
vehicles including spares) system with capabilities of live feed, recording audio and video and storing
recorded data for a minimum of three (3)weeks.
The City will be responsible to sell and install advertising on the interior and
exterior of the vehicles at its sole discretion. The cost for production will be borne
Advertising on Vehicles by the City and all revenues for advertising will be retained by the City. Vehicles
must come furnished with roof Ad space (framing) tilted in such position that is
easily viewed by the passengers.
Hours of Operation, Frequency, Routes, Fare
Daily Vary
Yearly Vary
Vary depending on number of vehicles in service. Refer to Exhibit F of the contract
Frequency of trips(headways) for headways depending on number of vehicles in service along each of the routes.
Duration of trips Vary depending on route
Number of Routes One (1) North Beach Loop,one (1)Collins Express, one (1) Middle Beach Loop,one
(1) South Beach Route(2 loops).Additional routes at the City s sole discretion.
Fares Fare-free
Page 904 of 1576
Table 3. Equipment and Service Specifications Low-Floor Trolley Vehicles
Item Specifications
Required Equipment
Make Hometown Trolley or Supreme Corporation or approved equal at the,City's
sole discretion
(28-32 Feet) Low-floor Rubber Tire Trolley (Streetcar Trolley or approved
Vehicle Type equal at the City's sole discretion)
Number of vehicles required Twelve(12)
Capacity Minimum 20 passengers seating plus standing
Power/fuel type Diesel fuel
Must meet requirements set forth by the Americans with Disabilities Act
Accessibility (ADA)
Vehicles procured under this Agreement shall not be older than 2017 models,
Reliability Standards unless approved, in writing, by the City Manager.
Properly functioning air conditioning, driver seatbelts, bicycle racks, cow
catcher, Recaro driver seat or approved equal, safety equipment, 21x21 map
frame or similar size as appropriate and brochure holder, modesty panel,
Vehicle Amenities(applies to all vault for storage of drivers personal belongings (could be installed post-
vehicles including spares) delivery of vehicles, pull cords, interior signage (i.e. no eating or drinking,
trolley ID and marquee) on front, sides and rear of vehicles, exterior digital
destination signs (marquees) and leather straps. Floor plan layout to be
approved at the City's sole discretion.
Radio Communication and Equipment Fixed two-way radios for driver/ communications and video surveillance
(applies to all vehicles including spares) system with capabilities of live feed, recording audio and video and storing
recorded data for a minimum of three (3)weeks,
The City will be responsible to sell and install advertising on the interior and
exterior of the vehicles at its sole discretion. The cost for production will be
Advertising on Vehicles borne by the City and all revenues for advertising will be retained by the City.
Vehicles must come furnished with roof Ad space (framing) tilted in such
position that is easily viewed by the passengers.
Hours of Operation, Frequency, Routes, Fare
Daily Vary
Yearly Vary
Vary depending on number of vehicles in service. Refer to Exhibit F of the
Frequency of trips (headways) contract for headways depending on number of vehicles in service along each
of the routes.
Duration of trips Vary depending on route
One (1) North Beach Loop,one(1)Collins Express, one(1)Middle Beach Loop,
Number of Routes one (1) South Beach Route (2 loops). Additional routes at the City's sole
discretion.
•
Fares Fare-free
Page 905 of 1576
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Page 906 of 1576