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Resolution 2019-31000 RESOLUTION NO. 2019-31000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY • OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 8 TO THE AGREEMENT DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA (LSF), INC, FOR TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; 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; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL 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 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, during the 2014-2015 fiscal year, solely; and WHEREAS, on March 24, 2015, the City and CONTRACTOR executed Amendment No. 2; and WHEREAS, on October21,2015,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 the operation and maintenance servicesfor 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 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 5/7th 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; and 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 WHEREAS, Amendment No. 4 to the Agreement was executed on March 29, 2017 and is in full effect; 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; and 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 is in full effect; and WHEREAS, the City's current trolley fleet consists of 32 trolley vehicles (6 high-floor trolley vehicles, 14 modified/high-floor kneeling, and 12 low-floor trolley vehicles) of which twenty-five (25) vehicles are used in operation and seven (7) vehicles are used as spare vehicles; and WHEREAS, based on statements made by LSF's staff, some of the vehicle repairs are taking longer than expected due to lack of availability of parts or the need to have vehicles under warranty repaired at an authorized dealer rather than at LSF's maintenance facility; and WHEREAS, LSF proffered the addition of one (1) 2006 used high-floor trolley vehicle to the City's fleet, that would be acquired by LSF, at LSF's sole cost, for use as an additional spare vehicle, to help improve overall service reliability; and WHEREAS, LSF has committed to covering the capital cost related to the installation of optional equipment on this vehicle including, but not limited to, GPS trackers, modems, automatic passenger counters, monitors, video system, and automated voice information systems; and WHEREAS, LSF also committed to covering the reoccurring monthly cost related to the operation/maintenance of the optional equipment on this vehicle; and WHEREAS, LSF has proffered that, despite its age, this trolley vehicle is in excellent mechanical condition, as it had been used as a circulator, around a parking lot of a public attraction, and thus has far less miles than most of the trolleys currently in use; and WHEREAS, the Administration recommends approving, in substantial form, the draft Amendment No. 8 to the Agreement, 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 hereby approve, in substantial form, Amendment No. 8 to the Agreement dated May 8, 2014, between the City and Limousines of South Florida (LSF), Inc., for turn-key operations and maintenance services of a municipal trolley system for the City of Miami Beach; 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; and further authorize the City Manager and City Clerk to execute the final amendment. PASSED and ADOPTED this 25th day of September 2019. Dan Gelber, Ma or ATTEST: LQ/I itt Rafael E. rana , City Clerk "" :IN, - ORP : nRATED: * XO/ 1-4 APPROVED AS TO FORM & ANGUAGE & 0 EXCUTION I q- (9 , (1 •... ! _ City,Attorney kirtl Date T:IAgenda12019109 September 251TransportationlAmendment No.8 to Trolley Agreement\Amendment No.8 to Trolley Agreement Reso.docx Resolutions -C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission _ FROM: Jimmy L. Morales, City Manager DATE: September 25, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 8 TO THE AGREEMENT DATED MAY 8, 2014, BETWEEN THE CITYAND LIMOUSINES OF SOUTH FLORIDA (LSF), INC, FOR TURN- KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; 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; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the resolution approving amendment no. 8 to the trolley agreement to add a used 2006 high-floor trolley vehicle to the City's fleet, at no cost to the City, to be used solely as a spare vehicle to improve trolley service reliability. • 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 LSF. Following the approval of the ITB, an agreement between the City and LSF was executed on May 8, 2014. This agreement allowed for the operation of the existing North Beach trolley service and included provisions for additional routes at the City's sole discretion. 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 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, increasing the cost of the agreement for said enhanced scope of services during the 2014-2015 fiscal year, solely. Amendment No. 2 Page 83 of 540 was executed on March 24, 2015. On October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194, waiving, by 517th 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 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 517th 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; authorizing the City Manager to terminate the existing Interlocal Agreement (for the South Beach Local), in connection with the negotiation of a new I nterlocal Agreement with Miami-Dade County for the South Beach Trolley route; and further authorizing the Mayor and City Clerk to execute the final negotiated Interlocal Agreement and Amendment No. 4. 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, 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 increased for the Page 84 of 540 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 with LSF 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, in the approximate lump sum cost to the city of $3,500, with operating/maintenance costs, in the approximate annual amount of$3,600, which costs will remain 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. ANALYSIS The City's current trolley fleet consists of 32 trolley vehicles (6 high-floor trolley vehicles, 14 modified/high-floor kneeling, and 12 low-floor trolley vehicles). Twenty-five vehicles are used in operation and seven vehicles are used as spare vehicles. Based on statements made by LSF's staff, some of the vehicle repairs are taking longer than expected due to lack of availability of parts or the need to have vehicles under warranty repaired at an authorized dealer rather than at LSF's maintenance facility. LSF proffered the addition of one 2006 used high-floor trolley vehicle, that would be acquired by LSF, to the City's fleet, enabling for an additional spare vehicle to help improve overall service reliability. LSF also committed covering the capital cost for the purchase and installation of optional equipment on this vehicle including, but not limited to, GPS trackers, modems, automatic passenger counters, monitors, video system, and automated voice information systems, as well as the recurring monthly operation/maintenance costs of the optional equipment. Based on information received from LSF, despite its age, the 2006 vehicle has only been used as a circulator around a parking lot of a public attraction, thus has very low mileage (approximately 50,000 miles), far less than most of the trolleys currently in use in Miami Beach. Per LSF, all maintenance reports indicate the 2006 trolley vehicle is in excellent mechanical condition. It is important to note that this replacement trolley vehicle will only be used as a spare vehicle when needed (i.e. to replace a trolley that is taken out of service for maintenance/repair reasons), thus not increasing the number of trolleys currently in service on a daily basis (25) or the annual operations and maintenance costs of the City's trolley service. FINANCIAL INFORMATION Page 85 of 540 No fiscal impact. CONCLUSION The addition, at no cost to the City, of a used 2006 high-floor trolley vehicle with low mileage and in good mechanical condition to be used as a spare vehicle would improve the reliability of the City's trolley service. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Strategic Connection Mobility- Increase multi-modal mobility citywide and connectivity regionally. Legislative Tracking Transportation and Mobility ATTACHMENTS: Description CI Resolution and Agreement Page 86 of 540 AMENDMENT NO. 8 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. 8 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 , 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 Lim• of South Flori•a 11c. LSF or CONTRAC(OR); and . -- ��, i. ._:_ 3: _= n ..,.--iigftn �'..- -ham ?re- v$si k- J�:-.J-.r:'rv"i:2- - �'' '3-'�.k-_v`_.-'i:'.I_�. `+�'r'j-"'_ '"'+`1`_'_r-- of F• ��pp /�xt'�.'_ _ nc_.-`-c�-3✓.!1a"-Z- -_�: _=i%-�`-="}-J"{ 'elk- -!��"�'^ y�`'i:�i�rgy 3'?` f's+' .-�'f�' $,few_-.:;�-�',_+�_`'W'''_> -''�'".TH 7 AS, on ay.8,`'20'$��: he City and L�: -executed t=e'4)-v--edAent, a 'd `L '` ' �' .,,,, VI ¢.r- this d.areementr I •wed for,,h- op operation of tp existing North Bei trolley 3. ti mss, sere!•ce and inclu©j d pr w1' ions fo ;_. e addit4 4; of routes at the.CITY's sole disc =ion and suw. ,quent re ne tiatio of hourl,OP.' if ch ge in Service increased or decrease:4'0y more th 0%; and , : Itti,40,- 0 AI Ago . 7. :fir} WHEREA on J® 30, 4, the Mayor and y Commission adopted Resod on No. 44 20 8708 au izing tithe CITY o execute,Amendment NSA to the Agreem- 4 which inc,;,,,..-sed" the 'tope of li- Agree nt to' clude optical equipment, as well as :additional au ' ated e.py- anno j,"cement ,requipm`.e,,'-t, with the.., ca ability of displayi 1,6 public ad g e " tssand Y" ti s„to Al : •,. 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 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 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 Page 1 of 20 $' EXHIBIT Page 91 of 540 s3 5 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 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 5/7th 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 ve :..(2)_the addition .f e vs (12) new Low-FI0X•r trolley vehicl- „_•y_;_e nyallt ._ .91Ley ro F , >rt ""_egotiate•r�e i ©� >ly rate for t =Low-Floor tro IZ-i'e,gelespa 0 d trial as 0 is ed " .ces; and:4 increasing the annus I ost of the Ag ment, from a"not o:exceed cos -Of $6,700,.0.8 to a s:"et to ex d cost of x, 2,0'00,000; a orizing the City Ma�ager to ap o_©ve the puri e of ©•itional e:o: 'ional a uie for the Lo sloor trolley vehicle:'has may be, -ded in th..a dminitr€Ltionsdiscretion subject t< funding a F:_i ability; authorizingte CITY Ma •er to termi e th f�existing terlocal a© eyemer, in connect on with the negot on of a �y 5 �X�K.� Y _. ne i terlocal at 4s men" :rya i-Dade C,0_ ty, in' a nnectiontit � �.outh Be route; an<4:urther auth ing !R May nand City;"lerk to.. ecute , Mina .- egotiated interlocal ag moment and A s endmoht No. 4 d 70 `1,"" .*1 `=` r WHEREAS Ame",'dinent N:,; = to theAgreemene, teas ex gated on March 29,'2017 and is in II effect s_:d .,,( - = w ? -,-. tj`,y`,'x:,::.,.-,s4:-uv: f=�'. "`i:},Yµ'-xe taxsrr :.s.'": .,d---s'1' 'p •EC 3 - EAS, in arZeffort to moo ,e-3 he efficienc of the t ity'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 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 Page 2 of 20 Page 92 of 540 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, 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 }vx: t /R •.tom..`- a., :>lJ''ry/ �:>:�:::x-r x_s fmw-R=_-; / �tom' k� „---„,-,- ,?•,-;.-.vim / F ��- / ,o� : EAS, Ame ,d ne VN® 7 to the Agreement was ex d}° > arkJ3,-,V. ' .6 ` 4 S F+:.Ff'iY3 f i! �'.-rte\ wT w Yr._ 3w. isItrill a ecfi aid v , �3 WHERE: the ®eement`� endmen� ' o1 Amend ' *t No. 2, Amendme t No. 3, A h dment No., ,,'A Amesr©ment 5, Amendment No. 6 and Amendment No 7 hall be col ively referr 0 o her'in as the"A reement” and°u , .' � �� n' g s , �. Gr:,- ...m �h F ��fI +}'rJ J!'�� '�; r' if'� i" // J'.r �' LiFb WHERE on p e?"bei, 25, 201 °_'the M:1 and h:-' 'itY' a ommissio 4 dopted h < `pp A_ r ,Amendment No. _.` to the Re a-: tion No � z� rovin• / E; 0s � .al fo Y �: Ag zement, said"amen r ent, a• ®(y,g, at f©� /' a Ja ' ost to e City, one (1) u&ewo,d 2006 hid. loor troll- vehicl the Ci-. , troll (fleet, to be; sed :©Sely as a spare; aao1further au_a`rrizin• P 7ty Ma Ger and Citi; C1-rk:to executes`;a fin-,- mendment. = fl-ilii h 'r Rr �_r f- „6 THEREFORE'; in cons -ra• tio' • of the mutual promi�'es and conditions-oQntained 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. Exhibit A to the Agreement, entitled "Scope of Services (THE SERVICES)", is hereby deleted in its entirety and replaced with the attached Exhibit A. 3. Composite Table 2 is hereby deleted in its entirety and replaced with the attached Table 2. 4. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Page 3 of 20 Page 93 of 540 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 1z "v<d 'x�'� E'er;qtr 7 �y c _0 r.-.rs ,�Z- x > o'-ive--g-W r_-7-�� , '''' x'F' i.oYs ?``�'{•' L .�'.'I 04,�--� d-r_ ...r t- v.:-;a5�-..4,-2,..-- ,J�-' '._''+3. t• eta. 4"f V.,1,_7 FO Z4 ONTRAG $®R: r. I OUSINE't n F SOUTH FLORIDA INC. AT ST: Lf R4 3 .r . :f OA f; 0 aaj ,,,,, -,;-.---fa i` By ,451.-e- $y'• , #-= _' _=' {t¢4 __F: 'moi. J 7' Secreta . = f � �� e''e$:nti `. r i Y W. — '•ams//i { :ifx ,{� �. y,,..r y1�+� I'i yam; !'s_�r� `-,, •r�/5 �CryL3' ={?r` i T'+` .L filY�t /k� �. 6, Ta-j404 : _ .4_,H._ `, Print ane Date Page 4 of 20 Page 94 of 540 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 •roved bythe -.I� - p-�c -==` :R: •.r . -S *Ti, --TV"• .%:>�a •i a%' �=�fi%'.- j .2.,r,' Ss2e;,�,s Y�3--a-1-:,T-. - -_/�=li :f` -:� +� . ��.e4 � :'✓.::titi"r=5=r::-�:G.✓1�;, i. lige OR � CTOR ''i I o• -: .= nd provide°r:- }}{{EE equired s and local •ve 'i - �.ermits tt eluding, . Y _pout 'cation, t e passenger-,,rotor carred licensesPMC `,°vehicle -gistrations,f- e ,d /ices"":e plates e CONTRACTOR must al © ave all applicabl ate and :-•-•'al busines ense ;,For proc s e same pr to start ofservice The CITY re• es the r t ht to ask '€� CO -,' C ®R for proo •f licenses at anyy time •in order togascertain .y04v r ,r c mpliance � f� ,F t h a :e CONT' °"Cbeara e"TOR : -II I opera f= p- =s- 'ncide fj. to the use and -° - ' o•= ra tion of r' System r cies tati®A. �_:olleYs el, permits, requir ©einterior i.d exterior;s a nage , vehicles driver'^ uniforms bre,fed W f CITY logo, map f :,es and Id-four broc ure h•l rs equal t the..;As used by ismi I ©e Transit buses) I system �c a I be o• kated an•%ai ai ed to coni.; wit, II local, state, a • federal 'r"eou'l- (ns. r r;> 5 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 5 of 20 Page 95 of 540 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 �.dle Beach Lo a o.:: •llins Express - �,. South Bea _°. ,�s _ a cular!y t ,Lcli•r._>.. f w i , i. `' ✓te' Y,b5i K S''s k®��� 1 Section $111” tie . -hall be colt eti ely referred a et5 th, = l SS'e`�r ce fes .�1f -"VA .4 emea�:_�� • :saw � ''3e_c..x�_ ea(s). ,; ==f, $ F� kla r-47, p.44 e CITY c s tr= tly a ates th;= forth Be c- L 3 s p which 3 g raded fleet along Qe North m-ach Loop r r d-o ,�. s servi - ?on Janu 9, 2 7, with three (3) new modifies "Oh-floor • E q`steeling troll + vehi�I e rr odified ,{i ley ehicles), described in they; ttached e©'mposite T-.'00, 2, atil �n i� � igh-floor .rtf lley vehicle, des ibed. i%;t�h��'e attached' gable 1; '_1 1' Z f 5 3 „20 HJ: ���- Middle B�"h Loi-� � ��€��Alled-out it�''ervice � November22,�� 16 with s.',�'+6) New edified trol vehi ,es, an0 f e Colli;X Exp s°s nrhich commenced its s ices on November 1 ..017, r=' cing t,J;Collins i i,h`.l m f led ups services on Dec_ lH ber 22, 16 with fi _-5) New, ,odifie• ;ro ley v icles. Bas ,©.©.n an luation of ridersh data, on nua „,„49;018 on:-,.(1) of the ' 'iddle each Loop icles 'as reassigned to ,T - Collins f: w_ -ctive Jai( ry 23, 2 18, fj`a (5) vehicles;$ erate ong the Middle B;: h Loop =ane .• vehicles o.-rate alon th'e s • fins 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-three (33) 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 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. Page 6 of 20 Page 96 of 540 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- floo Conversely s� w- _loor vehicles cart, ply be used • poi,s otherTt n;.'-X_s•f: v $4. i fi Be • ..i..e. North Bene ©©. Collins E ®r ss and Mi.o g ea" ; L op) f e nerd"sary or x'ntain sef� ice c• � •e on those ones and subje`�t o the condti ions•-scribed i; ar C,� -.-_�.-j_3- `x 9 'fns n¢�'..�?-s .,�.J ab e: =• .� - ;,ate. ;;r f , wf vfAV 4.$A. y3 :.+lt �• r�,,(+.2 •4+ :Y se .r33 Descriptio�r©f Ro eYs fore cj Trolley ervice Area '1`r� :f�y 0461" Fy�t� .d' k' p �,� F� •�,3¢f'�.,,�' .r ".7 1. T 2 orth each Loop extendsff om 65t1' �t eet on e' t•side to 88t''S:reet on ;e north ano =,from ►6.01lins Avenue onfthe e. t.. `a:the western CITY limits along 71st ,i -`aiey Dri ' his neighborhood co a variety of land uses that a '` ntegral L•:�i r:r 3� Jm � ,.'. �' -Sss: �l � �re.P the succe--1-���`itof a lo r ransit� :rrvice. e in ent of �.,,NorthBe ach Loop is to pro �i: a local blic Tr. : it- ervic- Aathin a 7).10:e cl led loop in t£_- Nord each area of the qY. This .ed to s- e the Collins A. lue and 71st t eet commercial corridors,` well as 0_-131 al areas alo •• e Bisca �.,ti:P.=- rt and Norma ShQ e`s 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. 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 11th Street is currently under construction.Service Page 7 of 20 Page 97 of 540 extends from South Pointe Drive to the South to 23rd 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". 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 •-- - •ed herewith; c •.!Y yith any Interlocal Agreements .14,9s1,71./.e C Y ,,�: _a j o in con fi r.°th,each of the alley Service /M;`s : o0pl -wi n a dfra ai r r s f r yt�,f�i1_y..r ip;�;.�.. }�„yi �r � v�� ,`� -`•e _I,' e, Coun _�-ntl C `TY,laws applicable to this servi.c--, - • p ovi•e'mana0e`neat, ; chnical a -e •erati personn land servic n 4cessary fortheoperation of the C Y's fixed 'ute s troll ste II servialshall be 0e'-t`t the cont`rr I°of the CITY and co ,rdinated the Cl The NTRA OR's day oto 'der operat o s shall be vest i° in the •NTRACTo ' ful x e Sy 'e'�-.m Manage, wl o{shall s-14,:: as the CONT'b' TOR'S .-i-`•resentativ- $hder _ g ;finent. In ad tion, . fficer o o management"e A ployee CONTRACx a • �f.+n,R shd ( e�-; i.=ble to theft) Y eit `�� y pho -el o4ronic mail, o Jr�i•erson, make deci ` a`'s or..• c vide c dinatiorkund.- rt reemer-_ : as necessary. ;•:.--; 4.4 System - cies sa l have :Pole rar , all requi s interie_r :nd exterior signa> , interior 'end exter ©kr=gulato§signs asAf` I asx-`=`hicle ID sig.: ;,.inter©"map frames (approximately ` e) and br-"- ure hol (s far to that of:L ami e de Transit Buses),'. ectronic .�:r'- ,d_:: vma:® �-e and wheelk3"air lifts, a a plable. ` � 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, 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 Page 8 of 20 Page 98 of 540 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 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, hen• maintain an eupl•, e- acknowledgme t .Ile with emplo� ee.sigpature.inn. catingty-y s nd its cont-n ,CONTRA �'R'sha71'providea` e.�.rYe,,d and f�:��•� _ �- �-,,,< �p ��. rai `i=-©1 vogram ; emil©dee handbookto the CITY upq request.' -LI All pers6a I shalt require to attend qu (ity/s.afety wor gipps as required b the CITY, up to a e`imu 0 sixteen °_16) hours ifer y ;r, per employee. Certification training shall be :r'-"'•ente© the CIS:;"::non an an 4-4;41. .Jy' f%V_r: ''+l• jylJ}J. t 1 F ';' l'•'}'4-j- 5r 7. � HICLE OPS;--;-7-AT': ;p R V R) REQU MEN€ k` r of%v. wit Vehicle off`'-atom: 5�e a valid . �Iorida v®.L (cha 5 s .or- dommercia; drivers :1 license w- y endo, ement fo passengers ,P icense `s well as any oth- censes required es .ppfic ©le fede .;I� state,= °_ tions ,= fir, ®`- Vehicle © rator ; all be ` tried i B i operatio$ �`;procures relating to the System, �o-y-=: _r' . includi.`�_ horou•J_ knowled© of'-;,a service : ;a street network andpoints of fn< :_ =tom ,. . ;,fir,:--- �-- -<- � � <�� f, ©� -_ n/intere' long or t'`e os- oximity tot e_ cute. , t`c ©: e s shall be f " :ytrained in©efefsive driving an'©l ehiclelhandling. 41) 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. 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. Page 9 of 20 Page 99 of 540 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. ' ers and dispa :?i,,,s.shall accurately co. plete and s b ,.t,th- req :rid.o• __'y• • •x {•aily, inc ` r hip counts f less vehicle e. 0ea h 1° a - { 'a sera -Count- 4a• �. '- .:. € Drivers I log . areport- vents th_ op` rdize the -ty of passengers A? impede vehicle ri men rsuant Abe`he Accident a i.a Incident r cedures describe 4?erein. Drivers -` req i -• to a©sere to an0 m=. lain the s'heduled frequenc lof trips >4 x (headwa .41 ES s ' ., 54 k-<= ij j_ 'o ridershi• fomfort_"`' uch as epi'' =�;`® temperat = of their Drivers ne�__>to b-3.�-.� -,�: respective :ehicl 'c ea,I .'`ess of ve .o es, et:., is im a: .tiv� z at the ons ey©and air conditionk_ 0 unit potion ,.©•erly at, I, times w ale the trolley is in service 1; interior ambient pera - of 7 ©egreeF t Bahr>enhe 's desired at all times dun © trolley operatid, >=� '>u Driver. '. II be p .•jr bited frdplayk6rthe radio dim ng theoh'ours of operation ofd trolley 2 �, +��V z`= �f_. shall an ©:once stops .if trolley vehicle iso`.of e'0.pped 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 Page 10 of 20 Page 100 of 540 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 - le.iocof vehicles must be. ept in pristi_ -co itlon, 100%�,,of-,.�- i -e. ,fir__<-�-:,._-- =s-•�.� 4� -� �• ���� ���'<s: ,�r�-�'�•„ ,�, y' 3"3-•"-';`�C --Yr tfo z.,_;, 7ht i,c a i `vfi:t1• " ON 2° i0104,--4:-AA,f:3'�i ;.. •.•..t s.,`o-%•. �.�6 r� +•":.:` ru2 'c .4:al ::t `.k,9.h-.1�'x.r.:s't'..--ZYi`''�• • All`:=-` a p1*.:_. ica e'.reports :i cluding, a {moo, -- 4.);-fit limited tio. ridership report service _^_ int= •tion eports and, f. oices} mud- bei; ed within t specified time fr-10-, 100% _== of me. >s AO <y ..�-r ham,' ,, sO '•", VS 0. ,4..:Y• Safety: 4: s 4 � rye • Drivers shalfk:e`"IA* applicable affic real, tions, ' ®e% ofthe time. }' Ir. fir _f. '; a. : -` "`''s- f, ::kmskyr. „...., - -,'-_•ai -Aii Fines: =.fs�•- ,�,1., . .�:z `" ° y h :ASN< y:.> -= • CO 1RAC `? shall .cerate �'f d mans a e vehicles free from an a nalties r: `- _.Ur., `,h may a_z7'mpose•• 4, thee C TY by local ate, , nd federal agencies`-;.00% of EIROJ =;Qe'time. -., `-w /;1",, 4.._ ,..,;,T,,,,:,,-,,,..::,- g_-'-- '.arc'; �c- ,.„.„..„.. Reliability: • 85%on-time performance(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), 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. Page 11 of 20 Page 101 of 540 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.s1.;;. A-= .I ANCE. Th-g,„-A6 Th- 6 -" 'ACTOR shall preare and © written � tMaintenancef. ,Polic and Ojm Mo�anpy': u'8.?_=•stayz; '-. v =aio. ��•{{'er awat;must be 7.:,.D•rovedin the CITY i'r vance. Th CONTRACTOR sh I }•rovide parate P f a>ogra ,lor the v 'cle heatin ok n :it conditioning (HVAC). e CONT' E OR XII assu A-lull resp• bilit or ensuri g that all System ve "e_es used ,connection=`lith th o'-c rail at all ti:- i s bet aintaine© ..t hel highest leve _ nd in a • wanner that i.,,onsi w Vit ,good busin ss practices and t t r±ds for con' ion and ality, corn "sura ith�' a t-class p o c •trolley transportation s stem. Notwit:,standing preceding CON;;4 CT _ shall, ;:ini f e , ens 5_-- that all vehiclesfre well n© �` fly -t a le in -e 4 e rdance the iz?_o hest standards o .31.‘ re and mtamed, sfe, a ;.�� op-�� � � �h �.. OA all provi• jth`e folloYa: g: _t <•lsG 'fi : . s z:- %Gt•.-.}. .;3i_!"§,:fit- 3y- h ___ ii, -F+l c-,.�: : :,.% ---:-Y �:.� f�: .te ' 1,} ;"erre main e-nce an re'y r (including, ith�' limitation, all =ventive • aintenance, _ well as ener•e cy maintenan 'e•suc 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 Page 12 of 20 Page 102 of 540 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 11 . - ctioned proce u esb the CITY. -fir•is'4{y-,y�- -=rte.} 'L'Sj-`" i`': �'4•;'t.'r..' .-:.-�••::; z''2fl r=`tr::.r;:.T: ?'h_-dam_ ;,t•.: y, `'.' ir s+s'i`�: tit f ✓.i. 4 .v 44i y } 13.E OA® t Ckt. LONTRACTOo:^sshall provide _ �c enf roa•{h x: Fsio` to • Via,. onitor d i:7 ., vehicles, qua i of servic=e a< ) adheren e to all establish 4#routes, adways aY o sched 'I- , and tb respond to6feme'1•_+-ncy calls=-s appropriate. At leone (1) a the road s sr rvisor -hall be y dedicatea!to e City of M` i Beach, and be i. essible phone at -. ,. time ani s- f e hours m •�" ,'- ing `r o- pera n. The r supervisor shall ` equired meet on a t=kly b jf E e CITY's T nspo :on Oper; 0 s%Supervisor at t CITY's [ cretion to prov'� '" e back of a dal= operafitn�and discuss r='potential ategies/imo ©verne s to ice. The de•icat d road sup- isor shall have ®;mpetent " mmunicati skills. - Fyi X y .i,a }F `5`if:mtl �-�' -: Ed ir`% e CONT.R CTOR' supervis•F",.0 ers•> e el shall en `"'reestablished performance asures :4 -: =A times; 1'1eluding during 'ling, relieve ; ©.thr�.om breaks, accidents and all "�"'--'- -` �r. f j t✓a: v s The CONTRACTOR's training for supervisory personnel shall cover the practices for transit operators and supervisors recommended by the American Public Transportation Association (AP T A). The CITY reserves the right to test sui:,arvisor'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 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 Page 13 of 20 Page 103 of 540 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 _sengers o 4-4471.%y:ley vehicle(s), ex I'a ing evacuat sId §T) 0®' io, y. is ' $ `_.•`-t1':x^` w ` 14W�..__c :t:r.. f. .+- -- yam- -I 'Ms 0 mediate`'i©= e of a rtbove-r . enced eve-ts' ccidents isu�-o uired and such r6 ice shall .-_. .Y. v. : 235 t be delay ,•r mo �.han on-_,_;31.) busines-�day :These noti : ; at a minimum, s = 'include tkie date, time,:locati pCof the q'c rrence a> , th ppropria c umber of person filled or 11 ured. The t_-' on "'s4 ing t e i tification ' :'st p ".jde his •t4er name and title trolley • mber invoI °and' ; ire he or she <n bet bched fo t"iher details. In a• ion, the rson must 40 ply ad©i B .al inform ^ron requested. Th 0 .- >. 2ACTOR m .-ensure "- physical _ ©enc- f the = .ent sce s.prop r y;docu a ted prior to the s Y-ne being 3F ared. Im iateQn©ice ofs the abo C gc of -s shall..•e reported by "et-ephone. s "frii : tis'; rc-;`&i::f rf' k .; ,,O phone. mediateice of said a'c x'ents s. require•, ,®u in nab stance shall the S tice be layed f•r •dire tha ' `'o (2) he i en`notice shall be submittedgt ©'th# ITY, unless o h rwi`e specified by the C _.Y, 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, oxtent 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. Page 14 of 20 Page 104 of 540 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 _a.-- ___ocal, state ane- neral requirements -sapplicable topubli-6.Tr nsit ve i les. -._ ; /f3 i sr� ?l'.0 fy ^`�'sf:T `Fff> exi -;.+ -' °'�.4 -- hic es" ,�I be furn, Wes with vertisemeno_p .e in the in a rior, for use exclusiv ;y by he "�,A--TY, in a•'®I,on to s e ace for ro_•a specific i 'r #ion (Map __,:,me and Brochure A:"ea). 'ile CITY s 1 insp and a•©Fove vehi•es and equipme,'t•rior to the CONT-1) CTOR F::r ginning se Yee (Cl` ` s ac - a nce). ' ` =z :f em, '= v - (' - }�F-. is. tel- . yyy� :a+f -•,--_-- _i'f.-�'•QL` :_ v3- ;. -0£7 g.?al..�' :f T `.,- - fij _ q: YS h: .1'�i -Yd .',I vehicles s II be ©uipoe� ith video:"rveillanc - syste at -' apabilities o- ;e feed, cording au•i and vi©eo ander orin recd{s-• •at -i @r a mi urn of three (3) eP s. The Y f• grrlf3 .v'z� r2r-.t: __ JF rONTRACT,o ,s shall. ain all rol d supeti,�1 n velop `ocedures on how :retrieve ta from t _�ryurveill._z_a equi°,A-nt in a vehicles .on h to upload the vide. to their 11 ice come ern S .e,; Id an yew:ent �o`ccur, where urvel nce data is req ,-d, the f€3r� q1. R shall'© •vide th .• _©eo tput to the Transportation Operations Su0A isor of ..,,,-..,,....,. .---,4:-:,*,-,_ • r. air, r ?, wk � _e-#- is email wi� n 24 hour � ��..� ,-t{ <- -i Vehicles will be delivered with special paint or decaling scheme for the Trolley Service Areas (as designed by the CITY). The cost of such paintina/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 Page 15 of 20 Page 105 of 540 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, includi 0,ere,- -dures for GPS/ opiated Vehicl- a ie.r r- ; - Descri'hros � •perator tr e (includirfA' alit u ( Ambi :ado ) ning) _ roceo -s for oevehi -ad providin&ge: rvice including { { Cedures insu hat sto nounce it e made bfr-'®us operators rfli 7.: oce«t res ford rl,• servicin© {,:'>. <.:f == 8. = ocea --; s f•r� dispatching Vehicle to achi balanced accumulation of rmileag,a -_©rF `,ch vehicle in4the fle5 and ac6omplish quired Sere ace and ante e; r z.s,r 9.-f.-ontin© cy pl w or emerciej j Cn as ac dent, fire, mechani l failure, e e and cG nal `c ivi clem west � �. 1:01,01, , ©{:Proce' es for t:efhand ©" ofpublic ® inter a comments and c0:•,-..'plaints, f_ra , km.„ _ - and• `_: <:% :.� r � ,/.�.. .„ };�'"i{'/}ti�� , Yt �J .: L- '4 y2 ��+� �VS • x•-J ii"t-O W'< ••+'�i•• '-� ]�C' ,^.Fly q5;-*R- -ii'" 11. Opera ©i..safety, re ©e n :mon and reward p •gra; and disciplinary p.s cedures 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. Page 16 of 20 Page 106 of 540 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 accom •s __ � s, or public servj6e., on the bass or:•- -ivel.,.- - ., ,; j color, ,: 3 I in, religion, „r ntersexuali e; i ®, i dri f ; L s identit ;ami ial marital st uk, age, ances ','heigh , weig a o estic •artne0tatus, r organizalbel organizationembershl familial situation,,,©olitical F. ffiliati®: or disc'disability 8.NO obilitdmpaired O'assenge shal 0.e assis as necessary, re: the rbsi©r,to a c ed posit (re- on t S vehicle J.Ile boarding, or i , everse {.{i ile a a a vehicle ; Ope :tor shall n �_© 0 c e assistas e to a obilit{ ' •-rt.passeng beyon• a curbsi e: oassistance all be ©:p f an:o erator,© -rte>f.. s eci:: d above if it nec, s dates r> Ft avin•-;fiedriviFrgposItio ---1,,- -- { ICLE IN •ECTIO ` xrhe Y reserves'A,e rig oto inspect any vehicle to be art of the pr nosed tra s- e. Should aicle 3be 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. Page 17 of 20 Page 107 of 540 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 - eedeidTEAT'-.•f� r "..V ,tars to © gitems that ela to safefiesal © co r ning ervice. Fa" safety rept d items on�a ve;h -_©a- while o,• {'=? • f the vehicle from ice for }r p= ming ice sh =,equire im ::d removal rep• y Thes- ems s I'include legally% ,quired li :t workingbrakes 'Se tread dep to r co© bion or other • shah";-1 I condition that may have a ect on v- conte ;ed s ••e.at of a vehicle4 v 5. The •NT CI--A-//) 'R`shall be :Is ponsible for prove® - -- 't y towin. ervices = " �::_;�:»�s•=-- �• .�� >= ,�:s., necP1_-ary e=.;o ate; repairs �uired.c= ch se >rce �s a I be done a safe ma that;{i11 not u e dam tet: - T cle it "'ucture or compo - 's. 23 HICLE ORD :4 he CO - 1 C .01 shall pre Yiee Mo l ily Summary Rep® to the 11_anspoA .6; Open tions Sue .or • , e CITY in ©�,unct.en�with submittal of i s�,monthly :t +3- p ,•rte'. '!j: 5L �3 c '' `'e .'payment T, a form t b - sed for oper ng r its and monthly summaries s .e developed by the CONTAC9 ®R and approv by th- Transportation ©rations 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 Page 18 of 20 Page 108 of 540 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. •,_dotal Ridership 4R_ totals of the nu ';•er of passengers F.TW z-d, y_Y',• -_ r..r•.. --r assen - um ma if ao .cable):Am ® c®,s © _ e 1: -10 e. t fi s! 74 d) Servia_,:reak01mma rq-hide out- . - 'ice, opera i©nal problems, bredowns, misse x';ps a elays oil fifteen (1 ) m � :tes. e) Compl s an© q-,omplim ts: passed rc® plaints a ompliments colle. • by the CITY guides des $© ion.o action t.;en reg":ding coni©..ints. Passenger complaints related sa rious op Tonal report ,t to the r CONT ;, TO :,® no late .'an the Ct works VMoll6T`Y g the CIT ',receipt of corn• e`nt. :. z � f) Vehicl,- =_: ondi Sum..�.,ry. m' g 11A .;, years a date, total), fu nd oil Lai; cons- �ation @'es pe it), -13 idents pr'-rentive s aintenance and ilpection *-$ pro® actu s. prog ;74-0, su 0 ary of ma' -:corn• -nt rebuilding/rep_.3• made, s es z •q ipment Sta Summa '.-Il©:'j er CITY-owns`® p= ent. 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 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 Page 19 of 20 Page 109 of 540 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 ,, r_ aclude actual 4 s... ___.' days total per v;_; le by hour.;,;rc•s s,�,• e'r_ _ . .s_•- 0 �f��- t I sched ,, - fy use, dates ® hours), ane ©: fo - i t©© 4, a ng ax-r '•u _-used •19 ay ii � `; vings time y© p_ -ments. Cr �s-should be show' ;or outyof •.,=t sery ours vehicle s= ;s,, ' 4.$.1':1d) Open';,ecords.,-,°: invoice_ :" nd relate eco Co s will be .e: ,liable for inspec Tiand/or < : indepP .nt au©tt at the _ tion of t I 5}`e) An exc _ersi•;; •f the ;©ice, in a tion ©., signed mrd copy, shall be •ra sided to b the CI L for d h x � � ��.� ment pur. es. � ��-=�� :��; Frf - --"1'P)'-''47 f` at G s / 'y Y .villi: f';'; ''' ',S a ;i 1*,• rZ.:7": ,.i -P pa -1 it { .r ''""�'{ } 4,,,,..t'? ;rte cr aC. =.fy -...y y3:.r .-.4i.' 1:." i1' - CSS, '3 ;_�-yy,,; {*_.:3 - ;mo'.cj 'v',x�'{ . '1- ;:_ Page 20 of 20 Page 110 of 540 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 models. Reliability Standards Exception to this standard is addition of used 2013 vehicle as part of Amendment No. 7 and used 2006 high-floor trolley vehicle as part of the Amendment No. 8. Properly functioning air conditioning, driver seatbelts, co-pilot seat, bicycle racks, cow catcher, rear lift, Recaro driver seat, safety equipment, 21x21 Vehicle Amenities(applies map frame or similar size as appropriate and hold-four brochure holder, to all vehicles including modesty panel, pull cords, interior signage(i.e. no eating or drinking, trolley spares) 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 video Radio Communication and surveillance system with capabilities of live feed, recording audio and Equipment (applies to all video and storing recorded data for a minimum of three (3)weeks. vehicles including spares) 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 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) Middle Number of Routes Beach Loop, one (1) South Beach Loop. Additional routes at the City's sole discretion. Fares Free Page 111 of 540