Amendment No. 7 to the Agreement with Limousines of South Florida, Inc. ao i 9— 306 87
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AMENDMENT NO. 7 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. 7 to the Agreement, dated May 8, 2014, between the City
of Miami Beach, Florida ("CITY") and Limousines of South Florida, Inc, for Turn-Key
Operations and Maintenance Services of a Municipal Trolley System foc pae City of
Iftni Beach (the "Agreement") is made and entered into this day of
I , 2019, ("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, this Agreement allowed for the operation of the existing North Beach
trolley service and included provisions for the addition of routes at the CITY's sole
discretion and subsequent re-negotiation of hourly rates if change in Service increased
or decreased by more than 20%; 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 5/7t vote, the competitive bidding requirement
and approving Amendment No. 3 to the Agreement; said amendment providing for (1)
the addition of the operation and maintenance services for 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
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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 New Modified 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
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 5/7t vote, the competitive bidding requirement, finding such waiver to be in
the best interest of the CITY, 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;
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 is in full effect; and
WHEREAS, in an effort to improve the efficiency of the CITY's trolley service as
well as enhance passengers' transit experience, on May 17, 2017, the Mayor and City
Commission discussed implementation of an express trolley service along Collins
Avenue, connecting North, Middle and South Beach; 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 is in full effect; and
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
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WHEREAS, 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
increased for the calendar year 2018 to be "phased-in" over a three (3) year period
commencing on January 1, 2018;
WHEREAS, Amendment No. 6 to the Agreement reflecting the impact of the
Living Wage ordinance was executed on December 4, 2018; and
WHEREAS, the Agreement, Amendment No. 1, Amendment No. 2, Amendment
No. 3, Amendment No. 4, Amendment No. 5, and Amendment No. 6 shall be collectively
referred to herein as the "Agreement"; 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; 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, where appropriate, the Agreement will reflect that one (1) additional
high-floor trolley vehicle has been added to the CITY's fleet; and
WHEREAS, as LSF claims that it is entitled to retroactive reimbursement for the
absorbed increase in fuel cost from October 1, 2015 pursuant to the Agreement (the
"Fuel Adjustment Dispute"), which claim the CITY disputes, and the CITY claims that it is
owed OTP penalties under the Agreement (the "OTP Penalty Dispute"), which LSF
disputes (collectively, the "Disputes"); and
WHEREAS, as consideration for the agreed changes to the Agreement, as more
particularly set forth herein, LSF and the CITY wish to resolve these Disputes, by LSF
releasing the CITY with respect to the Fuel Adjustment Dispute for any sums which may
be due LSF as of the Effective Date of this Amendment No. 7, and the CITY releasing
LSF with respect to the OTP Penalty Dispute for any sums which may be due the CITY
as of the Effective Date of this Amendment No. 7.
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. CITY and CONTRACTOR hereby agree that the Disputes have been resolved to
their satisfaction and mutually release each other, their agents, successors
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and/or assigns, past and present, as to all matters or claims which could have
been brought or relating to or arising out of the Disputes from the Effective Date
of the Agreement through and including the Effective Date of this Amendment
No. 7.
3. Section 5 of Article 1 of the Agreement, entitled "FUEL-RELATED
ADJUSTMENT", is hereby deleted in its entirety and replaced with the following.
FUEL-RELATED ADJUSTMENT. The current negotiated hourly rate of $65.81 for the
high-floor and New Modified trolley vehicles and $77.35 for the Low-Floor trolley vehicles
shall prevail for the quarter in which Amendment No. 7 is executed, based upon the fuel
component of said hourly rates, in the amount of $3.27 per hour as of October 1, 2017
(the initial "Fuel Base Rate"). A quarter, as referenced herein shall refer to October 1s`
January 1s`, April 1st, and July 1s`. The first adjustment to the initial Fuel Base Rate shall
take place on the first day of the first full quarter following the execution of Amendment
No. 7 (the first "Adjustment"), when there is a change of at least ten percent.(10%)
("Qualifying Change") up or down in the Oil Price Information Service (OPIS) Index
(www.opisnet.com) index for the "Rack Average "of the "OPIS Gross Ultra Low Sulfur
Distillate Prices" category (the "OPIS Index Rate") from the October 1, 2017 published
rate of$1.9364 per gallon, as compared to the OPIS Index Rate published on the date of
the first Adjustment. The hourly rate may therefore adjust, based upon a Qualifying
change in the Fuel Base Rate (the new Fuel Base Rate). The new Fuel Base Rate shall
thereafter prevail, subject to possible Adjustment on the first day of a succeeding
quarter, when a Qualifying Change in the OPIS Index Rate has occurred as of the first
day of a succeeding quarter, as compared to the OPIS Index Rate for the previous
Adjustment. The Contractor or CITY will provide written notification within 10 days from
the 1st day of the quarter. If notice is given timely, then the Adjustment will be effective
from the 1st day of the quarter. If notice is not timely provided, then no Adjustment will
occur until timely notice is provided of a Qualifying Change during a succeeding quarter
In the event that the CITY elects to utilize an alternative fuel powered trolley system, a
similar index for applicable fuel costs shall be utilized at the sole discretion of the CITY.
It is both the CITY's and CONTRACTOR's responsibility to request any pricing
adjustment under this provision, as applicable.
Fuel-related adjustments shall only be applied to fuel cost (excluding any additives,
fuelers, etc.) contained within the hourly rate indicated in Article 1, Section 4 - Fees. A
breakdown of the fuel component to the hourly rates was provided to the CITY upon
contract execution.
By way of illustration, if the Agreement is executed on January 1, 2019, the time the
parties could look to see if a Qualifying Change has occurred would be April 1, 2019. If
the OPIS Index Rate for April 1, 2019 is $2.2269 per gallon, then, the increase from
$1.9364 per gallon to $2.2269 per gallon (a 15% increase) constitutes a Qualifying
Change and the Fuel Base Rate will increase from $3.27 per hour to $3.76 per hour,
increasing the hourly billing rates by $.49 per hour, as follows: $66.30 per hour for the
high-floor and New Modified Trolley vehicles and $77.84 for the Low-Floor trolley
vehicles. In this example, this would be the first time CONTRACTOR could request an
Adjustment.
If on July 1, 2019 the OPIS Index Rate increased from $2.2269 per gallon to $2.3382 per
gallon (by 5%), this does not constitute a Qualifying Change so no Adjustment would be
made.
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If on October 1, 2019, the OPIS Index Rate decreased from $2.2269 per gallon to
$1.8928 per gallon (15% decrease), this change would constitute a Qualifying Change
reducing the Fuel Base Rate by $.56, from $3.76 per hour to $3.20 per hour, thereby
reducing the hourly billing rates by $.56 per hour, as follows: $65.74 per hour for the
high-floor and New Modified Trolley vehicles and $77.28 for the Low-Floor trolley
vehicles. In this example, this would be the second possible Adjustment until the next
Qualifying Change occurs and the CITY or CONTRACTOR, as applicable, gives the
other party timely notice of a request for Adjustment.
Initial OPIS Index Rate on October 1, 2017: $1.9364 per gallon.
4. Exhibit A to the Agreement, entitled "Scope of Services (THE SERVICES)", is
hereby deleted in its entirety and replaced with the attached Exhibit A.
5. Exhibit C to the Agreement, entitled "Performance Penalties" is hereby deleted
and in its entirety and replaced with the attached Exhibit C.
6. Exhibit F to the Agreement, entitled "Procedure/Methodology for calculating On-
Time Performance (OTP) of the CITY's trolley service" is added to the
Agreement.
7. Composite Table 2 is hereby deleted in its entirety and replaced with the
attached Table 2.
8. Composite Table 3 is hereby deleted in its entirety and replaced with the
attached Table 3.
9. Figure 1 is hereby deleted in its entirety and replaced with the attached Figure 1.
10. Figure 2 is hereby deleted in its entirety and replaced with the attached Figure 2.
11. Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 7
to be executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: i
By: a
Rafael E. Granad., Ci CIe� p% Dan Ge r, Mayor
���'N\ BEA psi
a
C'• :. �t
* `•NO* OWED;
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FOR CONTRACTOR: 4 •
' Cj °co,e4IMOUSINES OF SOUTH
U4 - FLORIDA, INC.
ATTEST:
By: - s
Secretary • Pre4a
Print Name Print Name
37/3/i
Date
APPROVED AS TO
FORM & LANGUAGE
& FO EX CUTION
ar H 3 (Z't
6 City Attorney l Date
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.
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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 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 (Trolley 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 trolley
service 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 currently operates the North Beach Loop, which upgraded fleet along the
North Beach Loop rolled-out its services on January 9, 2017, with three (3) new
modified high-floor kneeling trolley vehicles (New Modified trolley vehicles), as
described in the attached composite Table 2, and one (1) high-floor trolley vehicle,
described in the attached Table 1; the Middle Beach Loop, which rolled-out its
services on November 22, 2016 with six (6) New Modified trolley vehicles; and the
Collins Express which commenced its services on November 1, 2017, replacing the
Collins Link, which rolled out its services on December 22, 2016 with five (5) New
Modified trolley vehicles. Based on an evaluation of ridership data, on January 23,
2018, one (1) of the Middle Beach Loop vehicles was reassigned to the Collins
Express. Effective January 23, 2018, five (5) vehicles operate along the Middle
Beach Loop and six (6) vehicles operate along the Collins Express.
The South Beach Route was soft-launched on November 1, 2017 and full service
implementation commenced on November 20, 2017, utilizing twelve (12) new Low-
Floor trolley vehicles (Low-Floor trolley vehicles), as described in the attached
composite Table 3. The CITY fleet shall have a total of thirty-two (32) trolley vehicles;
however, the CITY anticipates operating a total of twenty-five (25) trolley vehicles in
the Trolley Service Areas, with any remaining trolley vehicles being used as spares.
Notwithstanding the foregoing, the CITY reserves the right to increase or decrease
the number of trolley vehicles in operation or move the trolley vehicles between
Trolley Service Areas, as deemed necessary in the CITY's sole discretion. The roll-
out(Roll-Out Dates) of the new trolley vehicles shall be in the following order:
1. the Middle Beach Loop rolled-out its services on November 22, 2016 with
six (6) New Modified trolley vehicles. Effective January 23, 2018, five (5)
vehicles operate along Middle Beach Loop.
2. the Collins Express rolled-out its services as Collins Link on December
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22, 2016 with five (5) New Modified trolley vehicles. The Collins Express
replaced the Collins Link on November 1, 2017. Effective January 23,
2018, six(6)vehicles operate along the Collins Express.
3. the North Beach Loop rolled out its services on January 9, 2017 (North
Beach Loop Commencement Date) with three (3) New Modified trolley
vehicles and one (1) high-floor trolley vehicle.
4. the South Beach route rolled out its services on November 20, 2017 with
ten (10) Low-Floor trolley vehicles.
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.
Additionally, when high-floor vehicles are to be used in the South Beach Route, they
shall be first deployed along the "Via 11 Street Loop" (currently operating as the "Via 10 •
Street Loop"). For example, if a spare Low-Floor vehicle is not available when the need
arises for the "Loop A", the Low-Floor vehicle from the "Via 11 Street Loop" shall be
immediately reassigned to the "Loop A", and a high-floor vehicle shall be assigned to the
"Via 11 Street Loop" until a Low-Floor spare vehicle is made available to replace the
high-floor vehicle. 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 715t 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 71st 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 41st 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.
4. The Collins Express provides connection between the North Beach Loop,
Middle Beach Loop and the South Beach Route. The service operates from 88 Street
to Washington-Avenue/Lincoln Road along Collins Avenue, Harding Avenue, Indian
Creek Drive and 17 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.
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5. The South Beach Route consist of (3) distinct loops: 1) "Loop A"
operating in a clockwise direction; 2) "Loop B" operating in a counter-clockwise
direction; and 3) "Via 10 Street Loop" operating in a "figure 8" configuration to serve
the Flamingo Park neighborhood and provide a direct east-west connection between
Alton Road and Washington Avenue - via a temporary detour on 10th Street given
that 11t Street is currently under construction. Service extends from South Pointe
Drive to the South to 23`d Street to the North, Washington Avenue and Collins
Avenue to the East, and Belle Isle to the West.
6. All trolley routes operate from 6:00 AM to 12:00 AM Monday through
Saturday and 8:00 AM to 12:00 AM on Sundays in order to satisfy the transportation
demand of daily commuters and users of the public facilities. The frequency of
service is15 minute headways between vehicles along North Beach Loop and Middle
Beach Loop, 17 minute headways between vehicles along the Collins Express route,
20 minute headways between vehicles along South Beach Loops A and B and 40
minute headways between vehicles along the "Via 11 Street Loop" (currently
operating as"Via 10 Street Loop".
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 21x21 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. Upon said approval,
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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.
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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 service. 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.
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.
f. Drivers shall assist passengers confined to wheelchairs in boarding and shall
perform the tie downs.
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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 all 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.
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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; 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:
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• 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 performbece (no more than 5 minutes late at any stop
location, mutually agreed between the CONTRACTOR and the CITY)for all
trolley routes (South Beach Loops A, B and Via 11 Street Loop (currently
operating as the "Via 10 Street Loop")), Middle Beach Loop, Collins
Express and North Beach Loop.
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
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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 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
15
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.
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 twa-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
16
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.
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.
17
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 all 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.
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 1st 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;
18
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 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
19
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 an 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 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
20
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.
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 shall
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.).
21
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 reportfigures 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.
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 15`h 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.
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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 1511h 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.
23
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 Exhibit A 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.
The CONTRACTOR shall take all reasonable actions requested by the CITY to promptly
correct any deficiencies in performance. 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, with a copy to its local Project Manager. 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.
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 shall not exceed $1,500 per day (based on a cumulative total of twenty-five
vehicles in operation per day(all loops in operation)).
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. Driver shall wear
the CITY approved uniform at all times.
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)
4. Graffiti/Tagging:
• $100 per recorded event (Any case in excess of twenty-four hours of reported issues
being unresolved)
24
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 (no more than 5 minutes late at any pre-determined stop
location mutually agreed between the CONTRACTOR and the CITY for all trolley routes:
the South Beach Loops A, B and Via 11 Street Loop, 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 of the City's Trolley Service. If there are events which have a material
impact upon traffic flow, which are not part of regular reoccurring traffic congestion,
such as lane closures, accidents, detours or other similar events which are out of the
reasonable control of CONTRACTOR, 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.
25
EXHIBIT F
PROCEDURE/METHODOLOGY FOR CALCULATING ON-TIME PERFORMANCE OF THE
CITY'S TROLLEY SERVICE
TSO Mobile web-based tool allows for analysis/reporting of various metrics including headway
and On-Time Performance (OTP). For the purpose of evaluating OTP of each individual route,
the following headway and OTP goals will be used, as stipulated in the Agreement:
Route/Loop Average headway Service headway allowing 5 min OTP
goal (minutes) late arrival at the stop (minutes) goal
South Beach Loop A 20 25
South Beach Loop B 20 25
South Beach "Via 11
Street" 40 45 85%
Middle Beach Loop 15 20
Collins Express 17 22
North Beach Loop 15 20
To meet the specified OTP 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 than the average headway goal for each route. For example, for the South Beach
Loop A, CONTRACTOR would need to arrive at all pre-selected stops along the route within 25
minutes (20 minute headway + 5 minutes late) 85% of the time.
Utilizing "Stops Summary" under "Headway Report" for the specific stop, time period, route, and
specified headway, report that 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)/2= 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 20 minutes for this
route (15 minutes + 5 minutes late). Given that OTP goal for the Middle Beach Loop is 85%, the
number of visits trolley stop(s) needed to be served to be in compliance with OTP standard is
0.85*57= 48. Finally, difference between number of visits that would be compliant to OTP
standard (48) and the actual number of visits within headway goal (47) results in 1 event that
doesn't meet OTP 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.
OTP 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.
26
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
Vehicle Type (29 Feet)Rubber Tire Trolley(Villager Trolley/Classic American)
or approved equal 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)
Any vehicle provided by this contract must not be older than 2016
Reliability Standards models.The only exception to this standard is addition of used 2013
high-floor trolley vehicle approved as part of the Amendment No. 7.
Properly functioning air conditioning, driver seatbelts, co-pilot seat,
bicycle racks, cow catcher, rear lift, Recaro driver seat, safety
Vehicle Amenities(applies equipment, 21x21 map frame or similar size as appropriate and hold-
to all vehicles including four brochure holder, modesty panel, pull cords, interior signage (i.e.
spares) 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.
Fixed two-way radios for driver/dispatch communications and
Radio Communication and video surveillance system with capabilities of live feed,
Equipment (applies to all recording audio and video and storing recorded data for a •
vehicles including spares) 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
Advertising on Vehicles will be 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 6:00 AM to 12:00 AM, Monday through Saturday (18 hours a day)
and 8:00 AM to 12:00 AM on Sunday (16 hours'
Yearly 6466 hours/trolley/year
Frequency of trips 15 minute headways for North Beach Loop and Middle Beach Loop,
17 minute headways for Collins Express
Duration of trips Depending on route
One (1) North Beach Loop, one (1) Collins Express, one (1)
Number of Routes Middle Beach Loop, one (1) South Beach Loop. Additional
routes at the City's sole discretion.
Fares Free
27
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
Vehicle Type (28-32 Feet)Low-floor Rubber Tire Trolley(Streetcar Trolley or approved equal at the
City's sole discretion)
Number of vehicles Twelve (12)
required
Capacity Minimum 20 passengers seating plus standing
Power/fuel type Diesel fuel
Accessibility Must meet requirements set forth by the Americans with Disabilities Act(ADA)
Reliability Standards Any vehicle provided by this contract must not be older than 2017 models
Properly functioning air conditioning, driver seatbelts, bicycle racks, cow catcher,
Vehicle Amenities Recaro driver seat or approved equal, safety equipment, 21x21 map frame or
(applies to all similar size as appropriate and brochure holder, modesty panel, vault for storage
vehicles including of drivers personal belongings(could be installed post-delivery of vehicles, pull
spares) 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 Fixed two-way radios for driver/ communications and video surveillance
and Equipment system with capabilities of live feed, recording audio and video and
a storing recorded data for a minimum of three (3)weeks.
(applies to all vehicles
including spares)
The City will be responsible to sell and install advertising on the interior and
Advertising on exterior of the vehicles at its sole discretion.The cost for production will be bome
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 6:00 AM to 12:00 AM, Monday through Saturday(18 hours a day) and 8:00
AM to 12:00 AM on Sunday (16 hours)
Yearly Approximately 6466 hours/vehicle/year
Frequency of trips 20 minute headways between vehicles along South Beach Loops A and B and
40 minute headways between vehicles along the Via 10 Street Loop
Duration of trips Depending on route
One (1) North Beach Loop, one (1) Collins Express, one (1) Middle Beach
Loop, one (1) South Beach route. The South Beach route consist of(3)
Number of Routes distinct loops: 1) "Loop A" operating in a clockwise direction; 2) "Loop B"
operating in a counter-clockwise direction; and 3)"Via 10 Street Loop"
operating in a "figure 8" configuration Additional routes at the City's sole
discretion.
Fares Free
28
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—Collins Express and Middle Beach Loop Service Areas
—Middle Beach Loop
29
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