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Resolution 2022-32118 RESOLUTION NO., 2022-32118 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 12 TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC. (LSF), FOR TURN- KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID AMENDMENT: (1) REIMBURSING LSF FOR PERFORMANCE PENALTIES ASSESSED FROM MAY THROUGH SEPTEMBER OF 2021, DUE TO INCONSISTENCIES IN THE DATA USED TO CALCULATE THE PENALTIES; (2) REDUCING ON-TIME PERFORMANCE/HEADWAY REGULARITY GOAL FOR THE REDUCED LEVELS OF TROLLEY SERVICE FROM 85% TO 80% RETROACTIVE TO OCTOBER 1, 2021; (3) ADDING A SCHEDULE-BASED 'SERVICE OPTION, WHICH MAY BE IMPLEMENTED AT THE DISCRETION OF THE CITY MANAGER OR CITY MANAGER'S DESIGNEE; (4) APPROVING USE OF SWIFTLY, INC. SERVICES BY LSF THROUGH THE END OF THE CONTRACT TERM, AT NO COST TO THE CITY, AS AN ADDITIONAL VENDOR FOR MONITORING, ANALYZING AND MANAGING SYSTEM PERFORMANCE; AND (5) MODIFYING OTHER MISCELLANEOUS PROVISIONS OF THE AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AMENDMENT. WHEREAS, on April 30, 2014, the City Commission approved the award of Invitation to Bid (ITB) No. 2014-154-SR for Turn-Key Trolley Operations and Maintenance Services to Limousines of South Florida, Inc. (LSF ); and WHEREAS, on May 8, 2014, the City and LSF executed the Agreement; 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 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 October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194, waiving, by 5/7th vote, the competitive bidding requirement and approving Amendment No. 3 to the Agreement; said amendment providing for(1)the addition of two new routes in Middle Beach(the Middle Beach Loop and the Collins Link); (2)the addition of fourteen (14) new modified/kneeling high-floor/rear end wheel chair lift trolley vehicles (New Modified trolley vehicles) for the operation of the North Beach and Middle Beach routes, in an amount not to exceed $6,700,000 annually; (3) a negotiated new hourly rate commensurate with the cost of said trolley vehicles and the additional services for the new Middle Beach routes; (4) the early exercise of the two (2) renewal options, extending the Agreement to May 7, 2021; (5) in addition to the term provided in the previous subsection (4), further extending the term, as to each route, to include a full sixty (60) month term, commencing as of the roll-out date of all the modified high-floor trolley vehicles for each respective route; and (6) and authorizing the City Manager to approve the purchase of additional optional equipment for the New Modified trolley vehicles; and WHEREAS, on July 20, 2016, the Mayor and City Commission adopted Resolution No. 2016-29519, waiving, by 5/7th vote, the competitive bidding requirement, and approving, in substantial form, Amendment No. 4 to the Agreement, increasing the scope of the Agreement to include the following:(1)the addition of one(1)bi-directional route in South Beach for a term of sixty (60) months, commencing as of the roll-out date for the Low-Floor trolley vehicles; (2) the addition of twelve (12) new Low-Floor trolley vehicles for use in all City trolley routes; (3) a negotiated new hourly rate for the Low-Floor trolley vehicles and additional associated services; and (4) increasing the annual cost of the Agreement, from a not to exceed cost of $6,700,000 to a not to exceed cost of $12,000,000; authorizing the City Manager to approve the purchase of additional optional equipment for the Low-Floor trolley vehicles, as may be needed in the Administration's discretion, subject to funding availability; 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 related to the South Beach route; 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, the routes rolled-out their services as follows: (1) Middle Beach Loop rolled-out its services on November 22, 2016 with six (6) New Modified trolley vehicles. (2) the Collins link rolled-out its services on December 22, 2016 with five (5) New Modified trolley vehicles and ended its services on October 31, 2017, with the Collins Express replacing the Collins Link on November 1, 2017. (3) the North Beach Loop rolled-out its services on January 9, 2017 with three (3) New Modified trolley vehicles and one (1) high-floor trolley vehicle; and (4) the South Beach route rolled out its services on November 20, 2017 with ten (10) Low-Floor trolley vehicles. WHEREAS, on December 4, 2018, the City and Contractor executed Amendment No. 6 to the Agreement, memorializing the increase to the living wage rate under the City's Living Wage Ordinance, as codified in Sections 2-407 through 2-410 of the City Code, approved pursuant to Resolution No. 2017-4143; 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, on September 25, 2019, the Mayor and the City Commission adopted Resolution No. 2019-31000 approving Amendment No. 8 to the Agreement; said amendment, adding, at no additional cost to the City, one(1)used 2006 high-floor trolley vehicle in the City's trolley fleet, to be used solely as a spare; and WHEREAS, on March 26, 2020, in response to the Coronavirus Disease 2019(COVID- 19) pandemic, the City suspended all trolley service (commencement of"Suspension Period"); and WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-31373, authorizing the Administration to negotiate Amendment No. 9 to the Agreement, said amendment: (1) approving the temporary use of the City trolley fleet by Miami-Dade County, Florida during any periods of suspension of trolley services; and (2) approving new rates for operation during reduced levels of service; and WHEREAS, on October 14, 2020, the Mayor and the City Commission adopted Resolution No. 2020-31459, accepting the recommendation of the Neighborhood and Quality of Life Committee, at its February 3, 2020 meeting, to modify the South Beach Trolley route, and waiving, by 5/7th vote, the formal competitive bidding requirement, and approving, in substantial form, Amendment No. 10 to the Agreement; said amendment (1) approving a Term Extension Formula, in lieu of paying LSF for any unrecovered fixed costs, incurred during the Suspension Period; (2) approving the new service plan for South Beach; (3) authorizing the City Manager to make operational changes to the Agreement, including approving the purchase and use of replacement trolley vehicles (even if older than the year 2016); provided such administrative changes do not increase the annual operating cost of the City's trolley service; and(4)modifying other miscellaneous provisions of the Agreement; and WHEREAS, on July 8, 2021, the City and Contractor executed Amendment No. 11 to the Agreement, memorializing the one percent increase to the living wage rate, as approved pursuant to Resolution No. 2020-31399, and further clarifying certain references in the Agreement to"scheduled service hours"and "service hours", in connection with the calculation of the applicable fixed hourly rate for trolley services provided to the City, as well as the calculation of the Term Extension Formula; and WHEREAS, on October 28, 2021, the City sent a letter to LSF, confirming the extension of the Term of the Agreement through August 19, 2023 for all routes, pursuant to the Term Extension Formula memorialized in Amendment No. 10 to the Agreement; and WHEREAS, the Miami Beach trolley service resumed on February 15, 2021, after almost a year of service suspension since March 26, 2020 due to the COVID-19 pandemic; and WHEREAS, from the time of resumption, the Miami Beach trolley operated at a reduced service level, with only 15 vehicles in service, as compared to 25 vehicles during the pre- pandemic period, and operating 15 hours daily, as compared to 18 hours during the pre- pandemic period; and WHEREAS,while the service operated at the reduced service level,with longer passenger wait times of approximately 30 minutes, as compared to 15 to 20 minutes during the pre- pandemic period, the City kept the contractually established OTP/headway regularity goal of 85% for all loops; and WHEREAS, the Agreement provides for performance penalties, under the heading of "Reliability", which apply in case LSF fails to meet on-time performance/headway regularity standard of 85%, and are deducted on a monthly basis from the LSF invoices; and WHEREAS, due to a long period of inactivity, the hardware components used for analyzing, reliability performance yielded inconsistent data for February-April of 2021, thus performance penalties could not be accurately evaluated and fairly applied, and the City did not apply performance penalties for this period; and WHEREAS, given the inconsistencies in data, the City worked closely with the company that provides both hardware and software solution for the City's trolley service (ISO Mobile) who, in turn, performed quality checks and manually adjusted data for the months of May through September of 2021; and WHEREAS, after manual adjustment, TSO Mobile felt that the data used for evaluation of system performance was accurate and, as such, the City applied performance penalties for the months of May through September of 2021, in the amount of$80,060; and WHEREAS, due to concerns with performance penalties, inconsistency of the data used for evaluation of system performance, and adverse effects of the ongoing pandemic on the workforce, LSF reached out to the City Administration in September of 2021 and requested that the City waive any performance penalties deducted from invoices from May 2021 on; and WHEREAS, LSF also requested that the City"stay" assessment of performance penalties on future invoices until such time as the City and LSF are able to collectively validate the accuracy of the data used for future performance evaluations and create an agreeable framework that ensures maximum reliability of the trolley service, while reducing the operational standards due to the reduced number of trolley vehicles in operation, given that the 85% goal of on-time performance is hard to achieve at the reduced service levels; and WHEREAS, to ensure the highest level of data accuracy, the City worked with ISO Mobile to upgrade all GPS devices to 5G technology; and WHEREAS, the upgraded hardware showed significant improvement in data reliability, without the need for manual adjustment of service performance data and, as such, the City continued assessing performance penalties as of October 1, 2021; and WHEREAS, while the current service operates as a headway-based service, LSF requested that the City allow for a schedule-based operation as an alternative; and WHEREAS, the City staff met multiple times with LSF staff in response to their concerns and, as a result, the following terms were negotiated and made part of this amendment: 1. The City will reimburse LSF for performance penalties assessed and paid from May through September of 2021, in the amount of $80,060, due to inconsistencies in the data used to calculate the penalties; 2. On-time performance/headway regularity goal for the reduced levels of trolley service will be reduced from 85% to 80% retroactive to October 1, 2021, resulting in a reimbursement to LSF of $42,040 for penalties paid by LSF from October 1, 2021 through January 2022. Once service levels return to pre-pandemic levels, 85% on- time performance/headway regularity goal will be used (route specific); 3. As an alternative to headway-based service, the City Manager or City Manager's designee may approve the use of schedule-based service; and 4. LSF will procure, at no cost to the City, the services of Swiftly, Inc. through the end of the contract term as an additional vendor for monitoring, analyzing and managing system performance; and WHEREAS, based upon the foregoing, the City Manager recommends approving, in substantial form, Amendment No. 12 to the Agreement, incorporated herein by reference and attached to the City Commission Memorandum accompanying this Resolution as Attachment B; said amendment containing the essential terms set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and, City Commission approve, in substantial form, Amendment No. 12 to the Agreement, dated May 8, 2014, between the City and LSF, for turn-key operations and maintenance services of a municipal trolley system for the City of Miami Beach; said amendment: (1) reimbursing LSF for performance penalties assessed from May through September of 2021, due to inconsistencies in the data used to calculate the penalties; (2) reducing on-time performance/headway regularity goal for the reduced levels of trolley service from 85% to 80% retroactive to October 1, 2021; (3) adding a schedule-based service option, which may be implemented at the discretion of the City Manager of City Manager's designee; (4) approving use of Swiftly, Inc. services by LSF thorough the end of the contract term, at no cost to the City, as an additional vendor for monitoring, analyzing and managing system performance; and (5) modifying other miscellaneous provisions of the Agreement; and further authorize the City Manager and City Clerk to execute the final negotiated amendment. PASSED and ADOPTED this 6th day of April 2022. Dan Gelber, Mayor ATTEST: . : APR 1 2 201Z 's .II!CORP'DRAT D Rafael . Granado, City Clerk . ''.: . ` APPRO ,ED AS TO FORM &'LANGUAGE & FOR EXECUTION City Attorney Date Resolutions -R7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 6, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 12 TO THE AGREEMENT, D kTED MAY 8, 2014, BETWEEN THE CITYAND LIMOUSINES OF SOUTH FLORIDA, INC. (LSF), FOR TURNKEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID AMENDMENT: (1) REIMBURSING LSF FOR PERFORMANCE PENALTIES ASSESSED FROM MAY THROUGH SEPTEMBER OF 2021, DUE TO INCONSISTENCIES IN THE DATA USED TO CALCULATE THE PENALTIES; (2) REDUCING ON-TIME PERFORMANCE/HEADWAY REGULARITY GOAL FOR THE REDUCED LEVELS OF TROLLEY SERVICE FROM 85% TO 80% RETROACTIVE TO OCTOBER 1, 2021; (3) ADDING A SCHEDULE-BASED SERVICE OPTION, WHICH MAY BE IMPLEMENTED AT THE DISCRETION OF THE CITY MANAGER OR CITY MANAGER'S DESIGNEE; (4) APPROVING USE OF SWIFTLY, INC. SERVICES BY LSF THROUGH THE END OF THE CONTRACT TERM, AT NO COST TO THE CITY, AS AN ADDITIONAL VENDOR FOR MONITORING, ANALYZING AND MANAGING SYSTEM PERFORMANCE; AND (5) MODIFYING OTHER MISCELLANEOUS PROVISIONS OF THE AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AMENDMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the Resolution authorizing the City Manager to execute Amendment No. 12 to the Agreement with Limousines of South Florida(LSF)for citywide turnkey trolley services. 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 (the"Agreement")and has been amended various times (Attachment A). ANALYSIS Page 1361 of 1735 The Miami Beach trolley service resumed on February 15, 2021 after almost a year of service suspension since March 26, 2020 due to the COVI D-19 pandemic. Since resuming service, the Miami Beach trolley operates at a reduced service level with only 15 vehicles in service (as compared to 25 vehicles during normal (pre-COVID) service) and operating 15 hours daily (as compared to 18 hours pre-pandemic). This reduced service level has resulted in longer passenger wait times of approximately 30 minutes as compared to 15 to 20 minutes during normal (pre-COVI 0)service. The Agreement with LSF stipulates performance measures for each of the four trolley routes in operation, including on-time performance/headway regularity goal of 85% for each route. Performance penalties are assessed when LSF fails to meet the on-time performance/headway regularity goal and are deducted from LSF's monthly invoices. It is important to note that the on-time performance goal of 85% was not lowered when the trolley service resumed at a reduced service level in February 2021. The current goal is challenging to achieve given the current reduced trolley service level entails fewer vehicles in service. lower frequency of service,. and longer headways (i.e. passenger wait times). Following resumption of citywide trolley service in February 2021, Transportation and Mobility Department staff conducted an evaluation of system performance from February through April 2021. Based on this evaluation, staff determined that due to a long period of service suspension/inactivity, the hardware technology components on the trolleys which are used to evaluate system performance yielded unreliable data; thus, performance penalties could not be accurately evaluated and fairly assessed. As a result, the City did not apply any performance penalties during February, March, and April of 2021. Given the concerns with data reliability, City staff worked closely with the company that currently provides both hardware and software solutions for the City's trolley service(TSO Mobile). TSO Mobile performed quality control checks and manually adjusted data for May through September of 2021, at which time, ISO Mobile felt comfortable with the accuracy of the data used for evaluation of trolley on-time performance. As such, the City used the revised data provided by TSO Mobile to evaluate and assess performance penalties for May through September of 2021. The total amount of performance penalties deducted from LSF's invoices for that period was $80,060. _ I n September 2021, LSF reached out to the City Administration to express concerns with the reliability of the data used for evaluation of system performance and, in general, the assessment of performance penalties during the provision of trolley service at reduced levels due to the pandemic, as well as the adverse impact that the pandemic has had on LSF's workforce and its ability to deliver trolley service in accordance with the established contract performance measures during these challenging times. Based on these concerns, LSF requested that the City waive the performance penalties deducted from LSF's invoices from service resumption on February 15, 2021 until September 30, 2021 in the total amount of$80,060. To ensure the highest level of data accuracy, in September 2021, the City worked with TSO Mobile to upgrade GPS devices on 29 of the 33 trolley vehicles in the City's fleet to 5G technology. Additionally,the GPS devices on the remaining 4 trolley vehicles were upgraded to 5G by TSO Mobile at no cost to the City. The GPS hardware upgrades have resulted in a significant improvement in data reliability. thereby eliminating the need for TSO Mobile to perform any manual adjustments since October 1,2021. Page 1362 of 1735 The Administration believes that lowering the current on-time performance/headway regularity goal from 85% to 80% during the provision of reduced level of trolley service is fair and reasonable. Given the recently completed upgrades in GPS technology on all trolley vehicles in the City's fleet, the City can accurately assess performance penalties retroactively to October 1, 2021. Based on LSF invoices paid by the City between October 1, 2021 and January 31, 2022, reducing the current on-time performance/headway regularity goal from 85% to 80% retroactive to October 1, 2021 will result in the reimbursement of$42,040 to LSF. As stated above, the City is nOt assessing on-time performance penalties prior to October 1, 2021 due to inconsistencies in the data used to calculate the penalties as a result of faulty equipment. Finally, while LSF currently operates the citywide trolley service as a headway-based service, • LSF has requested that the City allow them to operate a schedule-based operation as an option. LSF is currently developing schedules for the reduced trolley service level which are subject to the review and approval of the Transportation and Mobility Department. In addition, any change in trolley service level or service span will require that LSF develop additional schedules, subject to Transportation and Mobility staff review and approval. SUPPORTING SURVEY DATA Based on the 2019 Miami Beach Resident Survey, 75%of residents surveyed are satisfied with the trolley service, however, service reliability and service frequency were the main factors of service dissatisfaction. Based on the same survey, 63% of respondents use their automobile as a primary mode of transportation for trips within Miami Beach, and 73% of respondents consider trolleys and local bus circulators as the most viable alternative to using a personal automobile within the City. FINANCIAL INFORMATION The total estimated/fiscal impact associated with Amendment No. 12 is approximately $122,100. Funding has been identified in the Transportation and Mobility Department's FY 2021/2022 Operating Budget. Amount(s)/Account(s): $122,000/106-9615-000349-30-403-529-00-00-00- CONCLUSION Since the resumption of citywide trolley service at reduced service levels on February 15, 2021, City staff has met multiple times with LSF in response to concerns with inconsistencies in the data used to calculate on-time performance goals due to faulty technology equipment on-board the trolley vehicles (City replaced all GPS devices as of October 1, 2021). Furthermore, LSF expressed concerns with its ability to meet the current on-time performance goal of 85% established in the original contract as a result of the operational impacts that the COVI D-19 pandemic has had on the Citys trolley service (i.e. fewer vehicles in service, lower frequency of service, and longer headways (i.e. longer passenger wait times); as well as the adverse impact that the pandemic has had on LSF's workforce and its ability to deliver trolley service in accordance with the established contract performance measures. As a result, the Administration.and LSF have negotiated the following terms which have been included in Amendment No. 12 (Attachment B)for the City Commission's consideration: • Page 1363 of 1735 1. Reimburse LSF for performance penalties assessed from May 1, 2021 through September 30, 2021, in the amount of $80,060, due to inconsistencies in the data used to calculate the penalties at that time. 2. Lower on-time performance/headway regularity goal during operation of reduced levels of trolley service, from 85%to 80%, retroactive to October 1, 2021 (date when City completed the replacement of all technology devices on-board trolley vehicles), and reimburse LSF $42,040 in connection with the lower on-time performance goal for the invoices paid by the City to date in FY22 (October 2021-January 2022). 3. Allow LSF to provide schedule-based service as an alternative to headway-based service. 4. Require that LSF acquires, at no cost to the City, services of Swiftly, Inc. through the end of the contract term, to more efficiently monitor, analyze, and manage trolley system operation a n d enhance overall passenger experience by providing more accurate arrival/departure information. The Administration believes that approving Amendment No. 12 to the Agreement with LS F is beneficial to the City as it adopts an on-time performance goal that is more appropriate during reduced trolley service levels, retroactive to October.1, 2021. Furthermore, it will enable the City and LSF to, at no cost to the City, utilize state-of-the-art technology to improve monitoring, management, passenger experience, and overall quality of trolley service. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Mobility- Increase multi-modal mobility citywide and connectivity regionally. Legislative Tracking Transportation and Mobility ATTACHMENTS: Description D Attachment A D Attachment B D Resolution Page 1364 of 1735 Attachment A On July 30, 2014, the City Commission adopted Resolution No. 2014-28708, authorizing the City to execute Amendment No. 1 to the Agreement, which increased the scope of the Agreement to include optional equipment, as well as additional automated stop announcement equipment, with the capability of displaying public advertisements. Amendment No. 1 was executed on October 6, 2014. On March 18, 2015, the Mayor and the City Commission adopted Resolution No. 2015-28967, approving, and authorizing Amendment No. 2 to the Agreement, incorporating an enhanced Scope of Services to the Agreement, in order to accommodate additional transportation expenses needed for the City's Centennial celebration. Amendment No. 2 was executed on March 24, 2015. On October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194, waiving, by 5/7th vote, the competitive bidding requirement, exercising provisions of the contract allowing for additional routes at the City's sole discretion, and approving Amendment No. 3 to the Agreement; said amendment providing for the following: 1) the addition of the operation and maintenance services for two (2) new routes in Middle Beach (the Middle Beach Loop and the Collins Link); 2) the addition of fourteen (14) new modified/kneeling high-floor/rear end wheel chair lift trolley vehicles (New Modified/High Floor trolley vehicles) for the operation of the North Beach and Middle Beach routes, in an amount not to exceed$6,700,000 annually; 3)a negotiated new hourly rate commensurate with the cost of said trolley vehicles and the additional services for the new Middle Beach routes; 4)the early exercise of the two (2) renewal options, extending the agreement to May 7, 2021; 5) in addition to the term provided in the previous subsection (4), further extending the term, as to each route, to include a full sixty (60) month term, commencing as of the roll-out date of all the modified high-floor trolley vehicles for each respective route; and 6) authorizing the City Manager to approve the purchase of additional optional equipment for the New Modified/High Floor Trolley vehicles. Amendment No. 3 was executed on January 14, 2016. On July 20, 2016, the Mayor and City Commission adopted Resolution No. 2016-29519, accepting the recommendation of the City Manager and waiving, by 5/7th vote, the competitive bidding requirement,finding such waiver to be in the best interest of the City,exercising provisions of the contract allowing for additional routes at the City's sole discretion, and approving Amendment No. 4 to the Agreement in substantial form, increasing the scope of the Agreement to include the following: 1)the addition of one (1) bi-directional route in South Beach for a term of sixty (60) months, commencing as of the roll-out date for the Low-Floor trolley vehicles; 2) the addition of twelve (12) new Low-Floor trolley vehicles for use in all City trolley routes; 3) a negotiated new hourly rate for the Low-Floor trolley vehicles and additional associated services; and 4)increasing the annual cost of the Agreement, from a not to exceed cost of$6,700,000 to a not to exceed cost of $12,000,000; authorizing the City Manager to approve the purchase of additional optional equipment for the Low-Floor trolley vehicles, as may be needed in the Administration's discretion, subject to funding availability; and authorizing the City Manager to terminate the existing Interlocal Agreement (for the South Beach Local), in connection with the negotiation of a new Interlocal Agreement with Miami-Dade County for the South Beach Trolley route. Amendment No. 4 was executed on March 29, 2017. On May 17, 2017, the Mayor and City Commission adopted Resolution No. 2017-29873, approving and authorizing the City Manager and City Clerk to execute Amendment No. 5 to the Agreement;approving the replacement of Collins Link route alignment with Collins Express route, Page 1365 of 1735 Attachment A at no additional cost to the City, to provide more direct intracity connectivity between Washington Avenue/Lincoln Road and 88 Street. Amendment No. 5 was executed on October 26, 2017. On October 18, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4143, amending certain provisions of the City Living Wage Ordinance as codified in Sections 2-407 through 2-410 of the City Code. The primary purpose of the amendment to the Ordinance was to adjust and increase the hourly living wage rate and health benefit paid by service contractors covered under the Ordinance to their covered employees, with the proposed increase for the calendar year 2018 to be "phased-in" over a three (3) year period commencing on January 1, 2018. In order to assure that covered service contractors doing business with the City, including LSF, continue to comply with the provisions of the Ordinance as amended, Amendment No. 6 to the Agreement, incorporating the Living Wage Ordinance update, was executed on December 4, 2018. On January 16, 2019, the Mayor and City Commission adopted Resolution No. 2019-30687, approving and authorizing the City Manager and City Clerk to execute Amendment No. 7 to the Agreement; including the following modifications: (1)adding one(1)used high-floor trolley vehicle to the City's trolley fleet to be used as a spare only,including the installation of optional equipment, which costs remained within the current not to exceed contract amount of $12,000,000; (2) permitting the operation of all trolley vehicle types (high-floor, modified high-floor or low-floor) along any of the City's trolley routes, as needed, to ensure proper service coverage; and (3) modifying other miscellaneous provisions of the agreement to address the current operating conditions of the trolley services, which include (i)updating the trolley routes, (ii)reducing the on- time performance goal from 95% to 85% for all trolley routes, (iii) clarifying the methodology for determining fuel charge adjustments and for calculating on-time performance, and (iv) including a release of any alleged claims (against the City) by LSF for fuel charge reimbursements and a release for any alleged claims (against LSF) by the City for on-time performance penalties, both through the effective date of the amendment. Amendment No. 7 was executed on March 15, 2019. On September 25, 2019, the Mayor and City Commission adopted Resolution No. 2019-31000, approving and authorizing the City Manager and City Clerk to execute Amendment No. 8 to the Agreement; said amendment, adding, at no additional cost to the City, one (1) used 2006 high- floor trolley vehicle to the City's fleet, to be used solely as a spare. Amendment No. 8 was executed on October 11, 2019. On July 29, 2020, the Mayor and the City Commission adopted Resolution No. 2020-31373, authorizing the City Manager to negotiate and execute Amendment No. 9 to the Agreement based upon the essential terms set forth in the City Commission Memorandum accompanying the Resolution; said amendment including the following modifications: (1) approving the temporary use of the City trolley fleet by Miami-Dade County, Florida, during any periods of suspension of trolley services; and (2)approving new rates for operation during reduced levels of service. On October 14, 2020, the Mayor and the City Commission adopted Resolution No. 2020-31459, accepting the recommendation of the Neighborhood and Quality of Life Committee,at its February 3, 2020 meeting, to modify the South Beach Trolley route, and waiving, by 5/7th vote, the formal competitive bidding requirement, finding such waiver to be in the City's best interest, and approving, in substantial form,Amendment No. 10 to the Agreement,dated May 8,2014, between the City and Limousines of South Florida, Inc,for turn-key operations and maintenance services Page 1366 of 1735 Attachment A of a municipal trolley system for the City of Miami Beach; said amendment (1) approving a Term Extension Formula, in lieu of paying LSF for any unrecovered fixed costs, incurred during the Suspension Period; (2) approving the new service plan for South Beach; (3) authorizing the City Manager to make operational changes to the Agreement, including approving the purchase and use of replacement trolley vehicles (even if older than the year 2016); provided such administrative changes do not increase the annual operating cost of the CITY's trolley service; and (4) modifying other miscellaneous provisions of the Agreement. On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31399, accepting the recommendation of the Finance and Economic Resiliency Committee to increase the living wage rate by one percent, to no less than $11.90 per hour with health care benefits of at least $3.25 per hour, or $15.15 per hour without health care benefits, for the calendar year 2021, and delegating to the City Manager the authority to execute any contract amendments memorializing the one percent increase to the living wage rate. This Amendment No. 11 to the Agreement was-executed on July 8, 2021. Page 1367 of 1735 AMENDMENT NO. 12 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. 12 to the Agreement, dated May 8, 2014, between the City of Miami Beach, Florida and. Limousines of South Florida, Inc, rn-Key Operations and Maintenance Services of a Municipal Trolley System for Ci of Miami Beach (the Agreement)is made and entered into this day of ,2022, (Effective Date). WHEREAS, on April 30,2014,. the City Corn is n app the award of Invitation to Bid (ITB) No. 2014-154-SR for Turn-Key Trolle • a 'ons an tenance Services to Limousines of South Florida, Inc. (LSF or CONTr TO ); and WHEREAS, on May 8, 2014, the CI SF e ' ted the Agre ent; and WHEREAS,on July 30, 2014, the Mayor an. Commission adopted Resolution No. 2014-28708, authorizing the CITY • execute Amen. •t No. 1 to the Agreement, which increased the scope of the Agree • include optio • ';ment, as well as additional automated stop announcement e► • with the 'ability of displaying public advertisements; and WHEREAS, o • - •er 6, 2014, ITY an, ONTRACTOR executed Amendment No. 1; and WHER , 8, 2015, the .yor and City Commission adopted Resolution No.2015-28967, app - ' •I• mendment No.2 to the Agreement, incorporating an enhan -- ope o ices • Agreement in order to accommodate additional transp• . • -es n • for the CITY's Centennial celebration, increasing the cost of the eement fo enha •pe of Services during the 2014-2015 fiscal year, solely; a► REAS, on ;rch 24, 2015, the CITY and CONTRACTOR executed Amendment No. 2; an. WHER- . October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29194 aiving, by 5/7'h vote, the competitive bidding requirement and approving Amendment No. 3 to the Agreement; said amendment providing for(1)the addition of two new routes in Middle Beach(the Middle Beach Loop and the Collins Link); (2)the addition of fourteen (14) new modified/kneeling high-floor/rear end wheel chair lift trolley vehicles (New Modified trolley vehicles) for the operation of the North Beach and Middle Beach routes, in an amount not to exceed $6,700,000 annually; (3) a negotiated new hourly rate commensurate with the cost of said trolley vehicles and the additional services for the new Middle Beach routes; (4) the early exercise of the two (2)renewal options, extending the agreement to May 7, 2021; (5) in addition to the term provided in the previous subsection (4), further extending the term, as • to each route, to include a full sixty (60) month term, commencing as of the roll-out date of all the modified high-floor trolley vehicles for each respective route; and (6) and authorizing the Page 1 of 24 Page 1368 of 1735 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 ' directional route in South Beach for a term of sixty (60) months, commencing as of th: • I-ou date for the Low-Floor trolley vehicles; (2)the addition of twelve(12)new Low-Flo• -y vehicles for use in all CITY trolley routes; (3)a negotiated new hourly rate for the Lo• oo ey vehicles and additional associated services; and(4) increasing the annual co t o e Agr- -nt,from a not to exceed cost of $6,700,000 to a not to exceed cost of$12 ' i s autho the City Manager to approve the purchase of additional optional eq ' ent or the Low- olle vehicles, as may be needed in the Administration's discr- , subj- to funding a . ty; authorizing the City Manager to terminate the existi • focal . -ement, in ' nection with the negotiation of a new interlocal agreement with • -de ounty, in connection with the South Beach route; and WHEREAS, Amendment No e Agreemen = ecuted on March 29, 2017; and WHEREAS, on May 17, 2017, th• . an. ommission adopted Resolution No. 2017-29873, approvi • • • authorizin, e City • anager and City Clerk to execute Amendment No. 5 - -ement; ap, oving the replacement of the Collins Link route alignment with t - ollins -ss route, o .dditional cost to the CITY, to provide more direct intracity ••n ' ity b= een Washin• Avenue/Lincoln road and 88 Street; and W - S, Am, gent '•. e Agreement was executed on October 26, 2017; and WHEREAS, •utes -d-out their services as follows: (1) Midd Beach Loop rolled-out its services on November 22, 2016 with six (6) Modified trolley vehicles. th- ollins link rolled-out its services on December 22, 2016 with five (5) Modified trolley vehicles and ended its services on October 31, 2017, ith the Collins Express replacing the Collins Link on November 1, 2017. ( ) the North Beach Loop rolled-out its services on January 9, 2017 with three (3) New Modified trolley vehicles and one (1) high-floor trolley vehicle; and (4) the South Beach route rolled out its services on November 20, 2017 with ten (10) Low-Floor trolley vehicles. WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4143, amending certain provisions of the City Living Wage Ordinance as codified in Sections 2-407 through 2-410 of the City Code or the Ordinance; and Page 2 of 24 Page 1369 of 1735 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 trol utes, establishing a new On-Time Performance goal of 85% for all trolley routes, clar ing the language for determining fuel charge adjustments and performance pen • and WHEREAS, Amendment No. 7 to the Agree e was e ed on March 15, 2019; and WHEREAS, on September 25, 2019 - Mayo .nd the City ssion adopted Resolution No. 2019-31000 approving Ame• • o. 8 e Agreeme said amendment, adding, at no additional cost to the CITY, one ( -• 00• high-floor trolley vehicle in the CITY's trolley fleet, to be used solely as a spare; an• WHEREAS, on March 26, 20. -sponse to the • virus Disease 2019(COVID- 19) pandemic, the CITY suspende, - service mencement of "Suspension Period"); and WHEREAS, on 9, 2020,the . or and • Commission adopted Resolution No. 2020-31373, auth• # Administr, ion to negotiate Amendment No. 9 to the Agreement, said 'endme 1) approvi t - temporary use of the CITY trolley fleet by Miami-Dade C., lorid- -uring any pe •ds of suspension of trolley services; and (2) approving new rates • • - '•• -duced levels of service; and me , t No. 9 to the Agreement was executed on August 19, 2020; and EREAS, o 'ctob r 14, 2020, the Mayor and the City Commission adopted Resolu o. 2020- 59, accepting the recommendation of the Neighborhood and Quality o - Comm' -e, at its February 3, 2020 meeting, to modify the South Beach Trolley rout- •d ving, by 5/7th vote, the formal competitive bidding requirement, finding such w. o be in the CITY's best interest, and approving, in substantial form, Amendment No 10 to the Agreement, dated May 8, 2014, between the CITY and Limousines of outh Florida, Inc, for turn-key operations and maintenance services of a municipal trolley system for the City of Miami Beach; said amendment (1) approving a Term Extension Formula, in lieu of paying LSF for any unrecovered fixed costs, incurred during the Suspension Period; (2) approving the new service plan for South Beach; (3) authorizing the City Manager to make operational changes to the Agreement, including approving the purchase and use of replacement trolley vehicles (even if older than the year 2016); provided such administrative changes do not increase the annual operating cost of the CITY's trolley service; and (4) modifying other miscellaneous provisions of the Agreement; and Page 3 of 24 Page 1370 of 1735 WHEREAS, Amendment No. 10 to the Agreement was executed on December 21,2020; and WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31399, accepting the recommendation of the Finance and Economic Resiliency Committee to increase the living wage rate by one percent, to no less than $11.90 per hour with health care benefits of at least$3.25 per hour, or$15.15 per hour without health care benefits, for the calendar year 2021, and delegating to the City Manager the authority to 'execute any contract amendments memorializing the one percent increase to the living wage rate; and WHEREAS,Amendment No. 11 to the agreement refi a impact of the Living Wage ordinance and further clarifies certain references in th gr t referring to "scheduled service hours" and "service hours", in connection wit calcu of the applicable fixed hourly rate for trolley services provided to the CI' II as th ulation of the Term Extension Formula; and WHEREAS, Amendment No. 11 to th:- - • - ent w -xecuted on y 8, 2021; and WHEREAS, pursuant to Amendment No. 10 •e Agreement and Term Extension Formula, on October 28, 2021, th ity issued a let - LSF confirming extension of the Term of the Agreement through A 9, 2023, for . --; and , Illi WHEREAS, the Agreement, Ame • - •m .ment No. 2, Amendment No. 3, Amendment No.4,Amendment No. 5, A - • en •mendment No. 7,Amendment No. 8,Amendment No. 9, • , ent No.10, : Amend, nt No. 11 shall be collectively referred to herein as the "A• - - nd WHEREA-, o • it 6, . 2 the Mayor d City Commission approved via Resolution No. b• - •• • endment No. 12 to the Agreement, dated May 8, 2014, •- - - the ► an. , • turn-key operations and maintenance services of a • -- ey • for the City of Miami Beach; said amendment: (1) rei .rsing LS -erfor - penalties assessed from May through September of 20 •ue to incons cies i e data used to calculate the penalties; (2) reducing on- t me •rmance/he- ay r gularity goal for the reduced levels of trolley service from 85% to 'o retroacti to October 1, 2021; (3) adding a schedule-based service option, , may - implemented at the City Manager's discretion; and (4) approving u S , y, INC services by LSF thorough the end of the contract term, at no cost to the , as an additional vendor for monitoring, analyzing and managing system perform, ce; and (5) modifying other miscellaneous provisions of the Agreement; and further authorized the City Manager and City Clerk to execute the final negotiated amendment. 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. ABOVE RECITALS. Page 4 of 24 Page 1371 of 1735 The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Contract is hereby modified as follows: a) Exhibit A to the Agreement, entitled "Scope of Services (THE SERVICES)", is hereby deleted in its entirety and replaced with the attached Exhibit A. b) Exhibit C to the Agreement, entitled "Performance Penaltie ' ereby deleted and in its entirety and replaced with the attached Exhibit C. c) Exhibit F to the Agreement, entitled "Procedure/ o for calculating On-Time Performance (OTP) of the CITY's trolley service" is reby d and in its entirety and replaced with the attached Exhibit F. d) Exhibit G to the Agreement, entitled;Ici ;e0ti" hedule(s)" is added to the agreement. 3. RATIFICATION. Except as amended herein • her terms an 'ons of the Agreement shall remain unchanged and in full , • -ffect. In tent there is a conflict between the provisions of this Ame - •- A• ent, the provisions of this Amendment shall govern. The remainder of this a e is left blank intentional! . Page 5 of 24 Page 1372 of 1735 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 12 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 A . • udak. C •nager FOR CONTRACTOR: 4 US S OF SOUTH FLORIDA, INC. ATTEST: By: 111 Secret. . President Name Print Name Date Page 6 of 24 Page 1373 of 1735 I EXHIBIT A SCOPE OF SERVICES (THE SERVICES) 1. SERVICES TO BE PROVIDED.The CITY wishes to implemen icipal fixed-route,fixed- schedule, public Transit service that is responsive to the nee• .f the employees, visitors, and residents of Miami Beach, meet(s)all applicable local, sta - . ederal laws and regulations, and that complies with all safety, mechanical, and veh' ar -rds mandated by Miami- Dade County (MDC) Passenger Transportation Re•ul- 'ry Div (PTRD) and any othe-- applicable regulatory agencies. The CONTRACTOR shall coordinate, mans• .nd co of all applicab • •gram activities which shall include providing vehicles, driv s, all p= nel, as nec- ary, supervise all elements of on-street operations,and develop ad we •rocedures and financial records necessary for the operation of the System (as defin_ • Section 3(c) herein), to be reviewed and approved by the CITY. The CONTRACTOR will obtain an. ••t - I requires ate and local vehicle permits (including, without limitation, the . - • •r :crier licenses "PMC"), vehicle registrations, and license plates. The C, ' C • •st also have all applicable state and local business licens=- - ocure sam- or to th- . art of service. The CITY reserves the right to ask the i s. •R for pr. of licenses at any time in order to ascertain compliance. The CONTRACTOR - - ' • expenses incidental to the use and operation of the Syst-• es (in- ' g, wi •. itation, the trolleys, fuel, permits, required interior and e • - for v- -s, driver's uniforms branded with CITY logo, map frames and ho • •ur brochur- ,ers e• he ones used by Miami Dade Transit buses). All System -s shall be o, ,ted a - maintained to comply with all local, state, and federal reg s. The CI -ryes th ight, at any time and as many times, during service hours, to audit CONTRAC - re• ds and inspect, examine,test,or monitor CONTRACTOR'S equipment (including, wit imitation, the trolley vehicles) or facilities used in the Project or in connection with e 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 Page 7 of 24 Page 1374 of 1735 1 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 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 incorp• -d herein and attached to the Agreement as Exhibit B). 3. SERVICE DESCRIPTION. The service areas governed - i -ement shall include areas located within the jurisdictional limits of the City of Mia :each, 'escribed below: a. Trolley Service Areas. The trolley service . fixes route, fixed -•ule public Transit service and will be directly managed and fun• • by the ITY. The trolle ce areas shall include: one (1) route in the North Beach -. •rth B. h Loop); one •ute in the Middle Beach area (Middle Beach Lobo); one route co e orth, Midd e and South Beach (Collins Express), all as more particularly describ • the attached Figure 1; and one (1) South Beach Route, as more parti• arty described in - ached Figure 2. The North Beach Loop, Middle Beach Loop, Collins -ss and South • Route, as more particularly described in Section 3(b) herein, sha ively referr: • herein as the Trolley Service Area(s). The CITY fleet shall have - - of thirty-thr- •3)trolle ehicles, including trolley vehicles used as spares. Notwithsta • regoing, the ity Manager, on behalf of the CITY, reserves the right to increase or rease number of ell- vehicles in operation, reassign the trolley vehicles between • Servi• Areas, and/. rchase replacement trolley vehicles (even if older than the year 201. • - - - , in the City Manager's sole discretion; provided, however,tha - - ch ad rative - ations to the City's fleet does not cause an increase in the an ..- cost •er this Agreement. In connection to any reassignment of the trolley icles, the • anag- - .uthority to modify the headways for any affected Trolley Serv' rea. Depend en nu -r of vehicles in service, the average headways/service free en. •ng routes s' be a depicted in Table 1 below: Page 8 of 24 Page 1375 of 1735 I Table 1: Route/Loop Name Number of vehicles'in service Average headway/service frequency goal(min) 6 11 South Beach Loop A 5 13 4 16 3 22 6 13 South Beach Loop B 5 16 4 20 3 AIlk 26 , 5 15 Middle Beach Loop 4 20 3 26 7 ` 13:. 6 15 Collins Express 5 AOr - 7•..I 4 , 23 3 v _ 30, 4 15 North Beach Loop 3 ` 20 2 30 '41 7 CONTRACTOR shall ensure that every - • a• - -pair vehicles quickly, enabling for primarily Low-Floor vehicl- • •e used on t •uth Be. Route. Under exigent circumstances, to enable for proper se, age, high- 'or vehicles can be used along the South Beach Route, however, as ,n as a ► -Floor vehi• - is made available, it should replace a high-floor vehicle operating - • - Sout :each Route. . versely, Low-Floor vehicles can only be used on loops other than the h : -• _te i -. orth Beach Loop, Collins Express, and Middle Beach Loop) i -• olutely ssa - -in service coverage on those loops and subject to the condit'• •• abo, b -scription of -. •s for - Trolley Service Area. The North : :ch Loop extends from 65th Street on the south side to 88th Street on the nort id from , ,Ilins Avenue on the east to the western CITY limits along 71 St Street/Nor , Dri . This neighborhood consists of a variety of land uses that are integral to the succes • al Transit service.The intent of the North Beach Loop is to provide local public Transit s= ice within a 7-mile closed loop in the North Beach area of the CITY. This route is intend-: 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. Page 9 of 24 ' Page 1376 of 1735 i 3. The Collins Express provides connection between the North Beach Loop, Middle Beach Loop and the South Beach Route.The service operates from 88th Street to Washington Avenue/Lincoln Road along\Collins Avenue, Harding Avenue, Indian Creek Drive and 17th Street. Collins Express trolley service is intended to reduce the number of transfers required to travel between North Beach, Middle Beach, and South Beach as well as travel times, thereby resulting in a quicker and more attractive and efficient intracity trolley service. 4. The South Beach Route consist of (2) distinct loops: 1) "Loop A" operating in a clockwise direction; 2) "Loop B" operating in a counterclockwise direction. Service extends r from South Pointe Drive to the South to 23' Street to the North, Washington Avenue and Collins Avenue to the East, and Belle Isle to the West. 5. Operating days, hours and number of vehicles ' ice may vary on a monthly basis.As depicted in Table 1 of Section 3(a), service fre c ary depending on number of vehicles in service along routes. c. The CONTRACTOR shall provide the r-' , red vehicles, dri dis atchers, fuel, storage, operation, maintenance, repairs, bo - and in ances, in orde ovide the CITY with a first class, turn-key public trolley tra -.• '•n sy- i (the Project the System). The Service, in general, shall comply with the Sys pecifications and service standards described herewith; comply with . • Interlocal Agre- its between the CITY and Miami- Dade County in connection with e. e Trolley Se : as; comply with any and all Federal, State, County, and CITY la - •le to this s• ce; and provide management, technical and operating personnel an• - - ary .r the operation of the CITY's fixed route(s)trolley system.All services sha •- - •jec control of the CITY and coordinated by the CITY. The - ' 'CTOR's to da operations shall be vested in the CONTRACTOR's - . stem Man ter, who shall serve as the CONTRACTOR'S representative u- this A• -ment. In a• 'tio , an officer or senior management employee ) of CONTRAC • - I be . ,liable to the . either by phone,electronic mail, or in person, to make decisions o i• - '•• der this Agreement, as necessary. All Sy hall bicycle racks, all required interior and exterior signage, interior an• terior regu . sign , - as vehicle ID signs, interior map frames (approximately in size) and • lure h• -rs (similar to that of Miami Dade Transit Buses), electronic a . -s and wheel• r lifts, as applicable. 4. OPTION . QUIPM' .T. The CONTRACTOR shall equip all trolley vehicles with the following e• • en •ptional Equipment), including, but not limited to: monitors, video surveillance s• with capabilities of live feed, recording audio and video and storing recorded data i 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. • Page 10 of 24 Page 1377 of 1735 Except as to certain exceptions (delineated below)', upon said approval, the CONTRACTOR shall invoice the CITY separately for the purchase, installation and service related to this Optional Equipment. In addition, the City Manager or designee may approve, in writing, the purchase of additional Optional Equipment for the trolley vehicles in the CITY fleet, as may be needed in the Administration's sole discretion and subject to budgetary appropriation. The CITY shall retain ownership of all Optional Equipment purchased for the trolley vehicles. 5. TROLLEY DELIVERY. CONTRACTOR shall provide the CITY with an amortization schedule for each new trolley vehicle, based upon the purchase price of - • new trolley vehicle. Said amortization schedule shall be subject to the written approv. the ity Manager and shall be attached to the Agreement as Exhibit D-2 for the Ne •ified trolley vehicles, and as Exhibit D-3 for the Low-Floor trolley vehicles. The am. a chedule for the high-floor trolley vehicles is attached hereto as Exhibit D-1. Ea of the . ization schedules shall contain a breakdown of the principal and interest p• • •f the p. • is set forth therein. 6. GENERAL REQUIREMENTS FOR ALL PE- - i NNEL. a. All personnel assigned shall be knowle• -- - of th- -rvices to be • • ided herein; b. All Project personnel shall maintain a pr• .i• : , . •urteous a itude, answering to the best of their ability any passenger • tions regarding the provision of Services. Discourtesy, rude -ss, or the use • •fanity will not be tolerated and shall be grounds for immedia _ ••oval of the o' ' • -mployee from performing work on the Project or perfo ' es. c. Drivers and dispatchers shall ac. - • ete a' • submit the required operating reports daily; d. The CONTRACT() •.I1,provide • ..Is relat= to personnel policies and procedures and maintain a - acknowle• ment file with employee signature indicating they have read a► fully u stand its ► .tents. CONTRACTOR shall provide a copy of training pr•• . d em •yee handbo. • the CITY upon request. e. All personnel sh. - r- - . en• •uality/safety workshops as required by the CITY, up to . ••- imum • • een - . s per year, per employee. Certification of training sh. -d to ITY on an annual basis. 7. V LE OPERA • (DR ) REQUIREMENTS. le operator st e a valid Florida CDL (chauffeurs or commercial) driver's lice with endor ent for passengers, HACK license, as well as any other licenses requi • applic- e federal, state, and local regulations. b. Vehicle ator - all be trained in all operational procedures relating to the System, including . •h knowledge of the service area street network and points of destination/i, -rest along or in close proximity to the route. c. Drivers sha 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. 1 Pursuant to Amendment No.8, LSF assumed the cost to purchase and maintain Optional Equipment for an additional spare vehicle, and pursuant to Amendment No.10, LSF assumed full replacement and installation costs for a replacement vehicle, including the Optional Equipment, relating to a fire loss. Page 11 of 24 Page 1378 of 1735 I 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 performin• ' duties. I. Each Driver and vehicle shall have an accurate timepie • :vaila•le and in clear sight at all times during vehicle operation. m. Each driver SHALL have an operational two-way r o i ' trolley vehicle in order to communicate with dispatch operators, supervis•rs, ,nd oth- •Iley drivers in order to ensure compliance with schedule and headwa -• -void veh •unching. n. Drivers are required to have a thorough kn• edge of traffic reg s along the route and the schedule time points. o. Drivers shall be trained to understand . • .ctice high quality • customer service required by the CITY. The CONTRACTOR - •ro de adequate customer service training to its employees (drivers/customer pe el) and should demonstrate to the CITY that drivers/customer • - , onnel operatin• ley vehicles for the CITY have attended and successfully c• -d customer ' - trainings. Drivers SHALL Fi demonstrate excellent custome sensitivity, .urtesy, professionalism, high ethical standards, helpfulness, an► -- - . •-bit . he Ambassador Style Customer Service section incorporated herei : • 'ac - e Agreement as Exhibit B SHALL be included in the " RACTOR's ing wor, - op schedule if not covered already. p. Drivers shall n• any anim- except seeing-eye dogs and special companion assistant do• q. Drivers an- • - .hall accurate complete and submit the required operating reports daily, in• • • - s (unless vehicle is equipped with Automated Pass- •- - ounts • ••ilities . r. Dr' _ .nd = • all events that jeopardize the safety of passengers or impede icle move •ursu. • e Accident and Incident Procedures described herein. 'vers are re• • to . ere to and maintain the scheduled frequency of trips 'ways). t. On, eed to be . sitive to ridership comforts, such as the interior temperature of their respe- • vehicle leanliness of vehicles, etc. It is imperative that the on-board air conditio uni .nction properly at all times while the trolley is in service. An interior ambient t- -ture of 72 degrees Fahrenheit is desired at all times during trolley operation. u. Drivers sha be prohibited from playing the radio during the hours of operation of the trolley vehicles. v. Drivers shall announce stops if trolley vehicle is not equipped with automated stop • announcement capabilities or if equipment is malfunctioning (please refer to number 6 under STANDARD OPERATING PROCEDURES). 8. DISPATCH OPERATORS. Dispatch personnel shall be bilingual (English and Spanish)and trained in the Ambassador Style Customer Service incorporated herein and attached to the - Agreement as Exhibit B. In addition, dispatch personnel is expected to proactively assist drivers to avoid bunching issues through the use of two-way radio communication and GPS; Page 12 of 24 Page 1379 of 1735 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 speci kills required to perform an Ambassador Style Customer Service; it is highly desir tha CONTRACTOR offers competitive salaries, benefits and incentives for drivers, dis rs and road supervisors who excel in their responsibilities. 10. MINIMUM PERFORMANCE STANUARDS. The CTO I strive to provide a fixed-route public Transit service in the Trolley ice reas, in a m that will maximize the efficiency of the service while achievin• • cellent stomer servi performance measures specified herein, balanced with - ••ass. Style Custo r Service criteria incorporated herein and attached to the Agreem- ' ib B, will serve as the benchmark standards for the periodic evaluation of the C• •CTOR by the CITY and for the assignment of performance penalf- by the CITY as • '•ed in Exhibit C. The CONTRACTOR and the CITY •eriodicall evaluate the Services, based upon the performance standards _ tab i th- CITY. The following minimum performance standards are agreed to • = Cs TOR and CITY for the term of the Agreement: Sanitation: • Interior an• - - • .st be kept in pristine condition, 100% of the time. R: All app • - rep. ' eluding, but not limited to, ridership reports, service interruptio orts a nvoices)must be filed within the specified time frame, 100% of the time. Safe • Dri, h- ollow all applicable traffic regulations, 100% of the time. Fines: • CONTRACTOR shall operate and manage the vehicles free from any penalties which may be imposed on the CITY by local, state, and federal agencies, 100% of the time. Reliability: • 85% on-time performance/headway regularity-for routes operating headways of 20 minutes or less and 80% for routes operating headways of more than 20 minutes (no more than 5 minutes late as compared to average headway goal to any pre- determined stop location mutually agreed 'between the CONTRACTOR and the Page 13 of 24 Page 1380 of 1735 CITY)_ Express and North Beach ' oop. The above on-time performance goal applies to scheduled based service as schedule translates into headway. For example, if schedule calls for serving stop "A" at 9:00AM and 9:15AM, that translates into 15- minute headway. 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 dis•atched immediately upon interruption in service to ensure on time performanc- •Iley spare vehicle shall commence service no later than one (1) hour 'er service disruption. The CONTRACTOR shall not be compensated for a - elapsed without service. • If no parts need to be ordered, repairs shall o' dr w o (2) business days (48 hours), 95% of the time. • If parts are required, orders shall be pl i in 24 h• -nd repairs shall be. performed within 24 hours of receipt o quired parts. Customer service: • Respond to customer complaint within , 95/o of the time. • Drivers properly uniformed and groomed of the time. • Drivers, dispatchers an• •-d supervisors adhere to the AMBASSADOR Service Style Customer S- ' -ched as Ex " herein. Radio Communication: • Effective radio communicati• ough use of two-way radios between dispatcher and supe •rs, 100°% of the time. Two-way radios shall have separat- -que enabling • ..patchers to communicate to individual routes, rather comm cating to a - ides in the CITY fleet, unless needed in emergen The CI - the r• • reques e removal of any CONTRACTOR employee from the Serv'' •reas • •onco -nce of performance standards dictated above. 11. MAI ` ANCE. Th- ONT •CTOR shall prepare and submit upon execution of this Agree . . written P entive Maintenance(PM)Policy and Program Manual. Any changes after awa • st be proved by the CITY in advance. The CONTRACTOR shall provide separate P •r- for the vehicle heating and air conditioning (HVAC). The CONTRA •R shall assume full responsibility for ensuring that all System vehicles used in connection with the Project shall at all times be maintained at the highest levels and in a manner that is consistent with good business practices and the standards for condition and quality, commensurate with a first-class public trolley transportation system. Notwithstanding the preceding, CONTRACTOR shall, at a minimum, ensure that all vehicles are well maintained, safe, and fully operable in accordance with the highest standards of care and shall provide the following: Page 14 of 24 Pager 1381 of 1735 • 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 . .te o repair that violates any Applicable Laws. Vehicles may only be driven and/or p. • ' areas designated for such purposes and as provided for under this Agreement an• rs . • Applicable Laws. The CITY, and/or its officers, employees, agents, - •ntractor -II not be responsible or liable for any damage to CONTRACTOR'S v- cies. CONTRACT* 'all •e responsible for and provide reasonable security measure- ich m- be required to , ct the vehicles. Under no circumstances shall the CITY • r- sibl- any stolen • damaged goods, facilities, materials, and/or other equipment inclu• • not invited to, the vehicles, nor shall CITY be responsible for any stolen or damage. -onal property of CONTRACTOR'S employees, contractors, subcontr. - •rs, agents, ven• patrons, guests, invitees, and/or any other third parties. CONTRACTOR, at its sole cost an• •xpen- m tain and store the vehicles and provide lubricants, repairs, parts, and s pl' . req •r the maintenance and operation of all buses and servi - . les. The Ck RACTO' will be responsible for supplying all vehicle fuel. The Cr , +- •R will be r. •onsible for providing tires for all vehicles. It shall be the CONT •R's re ,nsibility to -i .in the color scheme in good condition, with painting/decali g - -eded roughout th e of the Agreement. 12. FARES/ • TIO ' ould • - _ opt to charge fares for the trolley service, the equip, , on, maintenance needed for implementation shall be the res- sibility an. . - cos •- ITY. All - collected s became the property of the CITY and the CITY will sanction proce•. to control t. fare box collection, auditing, etc.The CONTRACTOR shall abide by any sanc • proce• es by the CITY. 13. ROAD SUPE• •N. The CONTRACTOR shall provide sufficient road supervision to monitor drivers ehicles, quality of service, and adherence to all established routes, headways and schedules, and to respond to emergency calls as appropriate.At least one(1) of the road supervisors shall be fully dedicated to the City of Miami Beach, and be accessible via phone at any time during service hours of operation.The road supervisor shall be required to meet on a weekly basis with the CITY's Transportation Operations Supervisor at the CITY's discretion to provide feedback of the daily operation and discuss potential strategies/improvements to service. The dedicated road supervisor shall have competent communication skills. The CONTRACTOR's supervisory personnel shall ensure established performance measures are met at all times; including during fueling, relieves, bathroom breaks, accidents, and all Page 15 of 24 Page 1382 of 1735 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 two-way radio with dispatchers and drivers. Active drivers CANNOT be road supervisors while on dri ' uty. If a road supervisor has been assigned to driving, a different road supervisor m ak r the supervisory tasks. 14.ACCIDENT AND INCIDENT PROCEDURES.The • , CTO develop, implement, and maintain procedures to respond to accidents, dis nces, passenger injuries/fatalities, and any other service interr ions/fai res. These sh eported to the CITY in accordance with the established p= • ce m: ures herein. All traffic accidents involving System vehicles, it . ctive of injury, shall be immediately reported to the City of Miami Beac, 'olice Departme •e CONTRACTOR will advise such agency of the accident and request ' e unit to inve - • - accident. The CONTRACTOR operating a t - shall •ive the CITY's Transportation Operations Supervisor immediate ve - s. . -nt written notice of the following events: • A fatality, w - .vidual is c• 'firmed dead within thirty (30) days of a Transit accident, - ding su es and dea - f •m illnesses. • Injuries r-qu 'mm• e medical ention away from the scene for one or more individuals. • P •.ge • ley vehicles, transit system vehicles other than trolleys, other olley Sys - ope -'lities, or any other property. The CITY's Transportation •perations S isor s` have discretion to investigate events resulting in property • age less th. 1,00.. • .Lion of a t, ey vehicle due to a life-safety event where there is imminent danger to pa ••ers o e trolley vehicle(s), excluding evacuations due to operational issues. Immediate noti if all above-referenced events/accidents is required,and such notice shall not be delayed •r more than one(1)business day. These notices,at a minimum, shall include the date, time, location of the occurrence and the appropriate number of persons killed or injured. The person making the notification must provide his or her name and title, the trolley number involved and state where he or she can be reached for further details. In addition, the person must supply any additional information requested. The CONTRACTOR must ensure the physical evidence of the accident scene is properly documented prior to the scene being cleared. Immediate notice of the above occurrences shall be reported by telephone. Immediate notice of all said accidents is required, but in no instance shall the notice be delayed for more than two (2) hours. Page 16 of 24 Page 1383 of 1735 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 a he CITY in ameliorating such incidents. Any such use of the trolley vehicles for eme • cy r-sponse purposes must be pre-approved by the Office of Transportation of the ' and said approval must be secured in writing. To the extent the CITY requires C• - CTOR to provide such emergency services, the CONTRACTOR shall be refe ' of the '•ation to fulfill the duties and responsibilities of operating the current or a r trolley • -tions which may be established herein. Further, the CONTRACT•' shall be entitled - paid reasonable compensation for providing such emergenc -rvices . .d facilities, pr• . however, that the amount of such compensation and tim • ayme ,hall be mutu- agreed upon by the CONTRACTOR and the CITY prior to the co of e emergency or disaster, or at such other time as they may mutually agree upon. 16.VEHICLE FACILITIES. Prior to si• -n Agreement • • CONTRACTOR, the CITY reserves the right to inspect the CO 1-• •'s mainten. - facility. The facility shall have features, including but not limited to: a. A dispatch room and supe or - - ion, b. Facility for • -nance of the -hides; c. Storag- • ONTRAC ')R's vehicle, maintenance equipment (including clea ' upplie- d spare pa ; d. Se• n the tr ey vehicles. 17. EQUIPM •NT" - •R's ve . shall meet all specifications set forth in Table 1 and comp• - •- - 2b, nd 3b attached hereto, for the high-floor trolley vehicles; all sp- cations se ' in • •- e Table 2, attached hereto, for the fourteen (14) new • -d high-floor t - vehic -;and all specifications set forth in composite Table 3 hereto, or •w-floor troll: ehi -s. Transit vehicles must meet the requirements of Florida Admin 've Code 1 ;0 (i.e. passenger door mirror height, etc.). The System fleet must meet all • state a ederal requirements as applicable to public Transit vehicles. Vehicles shall • ished with advertisement space in the interior,for use exclusively by the CITY, in additio o 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 Page 17 of 24 Page 1384 of 1735 I 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. A. 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 oft - ides daily by picking up all litter, sweeping the floor, and cleaning the windows if requ'. .. Cs TRACTOR shall clean all interior items including seats,handrails,and windows w= Is to maintain a clean vehicle. CONTRACTOR shall perform a detailed interior clea le- - ice a month. During this clean, CONTRACTOR shall remove as many gums -n• ,ains a• sible from the interior of vehicle. The CONTRACTOR shall provide a mont .e•ule of th-- -pings of the vehicles on the 1st of every month. The CITY reserves t - ght to request, in , •, the replacement of any vehicle, which in the Transportation 0• -tion S ,ervisor's reaso discretion is in poor interior or exterior aesthetic conditi• . ' T' • OR shall co ' • ete a requested replacement within two (2) hours. ALL operating vehicles shall be s ; • ed with products oved by the CITY(at least twice a week). The interior passenger co -nt shall be , • -aches and other insects or vermin as well as noxious odors fr. 110'•• products. 4 NTRACTOR shall remove allgraffiti from the exterior and interior o '• me. -tely or as soon as it is practical, but no later than the start of the next , , -rvi - e graffiti is offensive or vulgar and • cannot be removed, tr - I icle shall b- en out o ervice immediately and not be placed back in service unf - • 've graffiti i emoved. B. Vehicle Clea q, - felines and P ..utions in Response to Covid-19 (Corona Virus). Commen•' - . - ffect • -te of Amendment No. 10, and in addition to the requirements set fo • 'the prece• ubs- • .), CONTRACTOR shall be responsible for providing its age aff, employe= :nd in •endent contractors who perform Services on behalf of CO TN • OR under th •gre- ent with all personal protective equipment such as gloves, masks, fa • 'elds, hand nitizers, etc., and ensure use of such equipment by its agents, staff, employees, • indepe, ent contractors who perform Services under this Agreement, particularly thos- •o c• e in close contact with public. The CONTRACTO- hall work closely with the City in exhausting every reasonable effort to keep the trolleys sanitized during service hours. The CONTRACTOR's staff shall sanitize high touch areas, such as door handles, handholds, pull cords, seats, after completion of each run/loop, during service hours. The CITY will provide the CONTRACTOR with disinfecting solution, spray bottles and paper towels (as applicable)which CONTRACTOR will distribute to its employees to' sanitize vehicles after each run, unless otherwise directed by the CITY. In case the CITY elects to enhance vehicle disinfecting efforts, the CONTRACTOR shall work closely with the CITY to accommodate such effort which may result in longer vehicle layovers at selected stops. The CITY may elect to provide hand sanitizing solution and dispensers to be installed in vehicles for passengers to use on board of the vehicles during service hours. Such dispensers and solution Page 18 of 24 Page 1385 of 1735 I will be provided by the CITY to the CONTRACTOR. The CONTRACTOR is required to refill as needed hand sanitizer dispensers on board the buses, ensuring hand sanitizing solution is always available on board of the vehicle for passengers to use (as long as supplies are provided by the CITY and available). The CONTRACTOR is required to conduct deep cleaning/sanitizing of each vehicle when the vehicle returns to the garage before next departure, using materials that meet the Environmental Protection Agency(EPA) guidelines for COVID-19. The CONTRACTOR is responsible to protect and preserve the product the CITY provides for sanitizing of the vehicles and for passenger on board of the v s. CONTRACTOR shall maintain daily logs for tracking product use. The CONTRACTO all p ovide a dedicated area for product storage within its facility preferably in location equi ith security cameras. The CITY reserves the right to conduct monitoring o e se with goal of ensuring CONTRACTOR and its staff perform vehicle disinfe 'n ccorda the frequency and guidance provided by the CITY, provide hand sa• ing solution for u passengers and operators are using personal protective equipme• -s direc ••. To ensure the safety of our operators and passenge •• : th- City of Miami Beach trolley, the following precautions shall be followed, as warrant- • CONTRACTOR is required to c• •aily health sc '•' check point, including taking employee temperature, and main • if all empl• -s entering the workplace • CONTRACTOR shall encourage s - •• • s . • home • CONTRACTOR shall provide emp • -- with , - to find accurate information about COVID-19, its sy • and how it , eads • CONTRACTO r - al • e to, and •uire from, each operator to wear face masks. Clear face s' • for pro ion may be • 'red in tandem with masks • CONTRA 0. -II e• - e operator • avoid close contact with customers by: o Keeping a - - ' eet from customers • -skin. omers o :ndle their own personal bags and belongings during pic• •d dr.• • unless passengers are unable to do so without assistance • I NTRACTO• ,II ed •perators to avoid using the recirculated air option for the •isle HVAC sy • vide for soc •istancing, vehicle capacity may be limited, as directed by the CITY • Pas. -rs are re( red to wear a facial mask or a facial covering at all times, as directe• the CI • Passeng- . follow social distancing by sitting or standing 6' apart including when waiting to b. •, boarding and disembarking vehicles. Operators are required to kindly ask riders tc ollow social distancing guidelines • Passengers boarding the trolley must wait for passengers on-board to exit before entering Signage will be posted on board of the vehicles advising passengers of requirements to wear facial mask or a facial covering while aboard trolleys as well as encouraging riders to conform to the CDC recommended prevention and hygiene applications that have been commonly reported 19. OPERATING RESPONSIBILITIES AND PROCEDURES. A. Standard Operating Procedures. The CONTRACTOR shall provide written procedures Page 19 of 24 Page 1386 of 1735 for operation of the Service ("Standard Operating Procedures"). Any changes after award of Agreement must be approved by the CITY in advance. These Standard Operating Procedures shall include, but not be limited to, the following: 1. Procedures for notifying CITY of service delays and interruptions_; 2. A list of names and phone numbers of contact persons who can make operating decisions and can be reached immediately_; 3. Accident review procedures and Operator corrective processes_; 4. Radio check-in and coordination procedures for maintaining vehicle headways, including procedures for GPS/Automated Vehicle Location reporting;_ 5. Description of Operator training (including hospitality and courtesy ("Ambassador")training)_ 6. Procedures for operating vehicles and providi• ervi -, including procedures to insure that stop announcements are ma• •us operators_; 7. Procedures for daily servicing_; 8. Procedures for dispatching vehicles t• :chiev- .nced accumulation of mileage for each vehicle in the fl= • accomp equired Service and maintenance. 9. Contingency plan for emerge, • such . accident, fire, anical failure, inclement weather, and cri a ity_; 10. Procedures for the handling of pu• . internal comments and complaints_; ate; 11. Operator safety, re • '•n and rewards • a and disciplinary procedures for the Operator misc •ecial atten ould be paid to an incentive program for front line e •lay-- - •rovi, - excellent customer service. 12. Customer service guide es p • -ndards of conduct. 13.Superv' '- - with sufficie perviso' evel personnel to respond to service prob , itor perfo ance schedules and procedures, and enable o• =tors to s municate t e base office, during all Hours of Operation. 14. • . d Al of Testing ,gram pursuant to Section 440.102, Florida Statu - • • • program shall be submitted upon execution of •is Agr= -nt. Additional • -tinm -• es. The CONTRACTOR will observe all safety rules and other require s of r- . atory bodies having jurisdiction over the Service Area and •erate the ve •s wi the highest regard for all aspects of safety. 1. The CO RACTOR will not use or allow the Vehicles to be used for any illegal purpos= e v• ides shall not be used for towing, pushing or any purpose other than nsportation of passengers. 3. - 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. Page 20 of 24 Page 1387 of 1735 7. Service shall be provided to all orderly persons who pay the proper fare (if applicable) and comply with passenger conduct rules and regulations established by the CITY. The CONTRACTOR shall not discriminate against any passenger or prospective passenger because of race, color, national origin, sex, age, disability, religion, income or familial status. Additionally, CONTRACTOR shall comply with City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancest► -ight, weight, domestic partner status, labor organization members,' , fam ial situation, political affiliation, or disability. 8. Mobility impaired passengers shall be .sis .s necessary, from the curbside to a secured position on th- - icle w' •oarding, or in reverse while alighting the vehicle. An Op= all not ► •e assistance to a mobility-impaired passenger be d the curbside. N• istance shall be required of an Operator, oth= + an as •ecified abov- necessitates leaving the driving position. 20. INITIAL VEHICLE INSPECTION. he CITY reserve - right to inspect any vehicle to be used as part of the proposed trans - 'ce. Should a - •- found to fail to comply with the specifications included herein, ' - - •CTOR s •e responsible for performing modifications to the vehicle until a 'tab ithin business days after notified in writing by the CITY. 21. FINES OR OTHER ' . If the fin= or other charges for which the CONTRACTOR is responsible are I- -d, ass. -d, charge• r imposed against the CITY, the CITY will notify the CONTRA • writin I -f this fact. T TY may pay any fine or their charge, whether levied, assessed, c' . -d, - -• a• st the CITY for the CONTRACTOR. In the event payment i ••. •e by t• ~, - - - •CTOR will reimburse the CITY within seven (7) Galen• ecei• .n invoice. Failure to make such reimbursement when due may, at t •ption oft , be I :' a default under the Agreement or be recouped from any p ,-nts due to th= ' NT • •R. The . - •CTOR s I be liable for any penalties imposed on the CITY by local, state, and federal ., ies due he CONTRACTOR's failure to obtain the proper vehicle licenses or maintain v- -s in cordance with local, state, and federal regulations. In addition, the CONTRACT• • be responsible for fees listed in Exhibit C "Performance Penalties" as applicable. Se -s shall be managed by the CONTRACTOR in accordance with the guidelines and •arameters 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. Page 21 of 24 Page 1388 of 1735 1. Body and frame repairs, inclusive of necessary painting, will be inspected and certified in writing as completed by the garage performing the work prior to returning the vehicle to service. 2. Minor body damage repairs shall be repaired as soon as possible, but not to exceed two (2)weeks, subject to the availability of OEM parts when needed. 3. Major body damage shall be repaired before returning the vehicle to service, not to exceed five (5) weeks out of service, subject to the availability of OEM parts when needed. 4. Repairs to non-working items that relate to safety shall be completed prior to returning the vehicle to service. Failure of safety related items on a vehicle while performing service shall require immediate removal • • vehicle from service for repair. These items shall include legally required I'• s, w•rking brakes, tire tread depth or condition or any other mechanical co • that may have an effect on continued safe operation of a vehicle. 5. The CONTRACTOR shall be responsib e ,r pro • any towing services necessary to complete repairs require. ervices be done in a safe manner that will not cause damage to vehicle, its structu components. 23. VEHICLE RECORDS. The CONTRACTO •rovi• onthly Sum , - Reports to the Transportation Operations Supervisor of the CI nc 'on with submittal of its monthly invoices for payment. The format to be used for o ing reports and monthly summaries shall be developed by the CONT CTOR and appr• by the Transportation Operations Supervisor of the CITY. Said month - s shall be su• -• • later than the 15th calendar day of the following month, as part o . TOR'S in -s for payment. Monthly report figures shall coincide with daily trip sh -t to . • - mo• and shall be broken down on a weekly basis (from Sunday to Saturd- . - • CTOR shall certify as accurate all information given to t - ' . 24. DAILY RECOR' -EPOR a) Teleph• e , =it Re! : The CITY • : I be notified via e-mail or via phone, promptly followed by a • - I• ' ransportation Operations Supervisor, as to any ch-• - - vehic - •/or •r • , •ecial runs, interruption of service due to inclement of-se • vehicles, emergencies and accidents. Field supervisors, dispatcher •ene . - •:gers shall provide immediate notice to the Transportation Operations S► isor • e CITY after any of the above-mentioned events. • •on notifying CITY •f an interruption in service due to any of the above-mentioned - • s, the CO RACTOR's manager or field supervisor shall notify the CITY in wr via a-m- o the CITY's Transportation Operations Supervisor. CONTRACTOR shall ti ► and date vehicle went in/out of service. c) Daily d •gs will be used by each shift of operators, a copy of which is to be submitte•& • the CITY on a weekly basis. The log is the source document for use in determining the total miles, number of passengers (manually counted) and passenger categories. Missed miles and missed trips will be determined from the log by comparing actual daily miles entered into the log against predetermined daily total miles for each vehicle. d) Daily dispatcher logs shall include, but not be limited to, the following information: number of incoming calls, type of information requested (restaurants, shops, entertainment, fares, schedule, stop locations, etc.). e) Fare box revenue (if applicable) shall be recorded daily and a copy submitted to the CITY with the Monthly Summary Report. Page 22 of 24 Page 1389 of 1735 25. MONTHLY SUMMARY REPORTS. The CONTRACTOR shall prepare and submit to the Transportation Operations Supervisor of the CITY a monthly summary report within fifteen (15) calendar days after the end of the operating month, which shall be submitted along with CONTRACTOR'S invoices for payment (as one of the required documents thereto). Monthly Summary Reports shall include, but not be limited to: a) Vehicle Total service hours and Miles: Monthly report figures shall coincide with daily trip sheet totals for the month, by Route. b) Total Ridership: Monthly totals of the number of passengers carried, by Route. c) Total Passenger Revenue Summary(if applicable):Amount of fares/coupons collected, by Route. d) Service Break Summary: vehicle out-of-service, operaf problems, breakdowns, missed trips and delays over fifteen (15) minutes. e) Complaints and Compliments: passenger complaint- compliments collected by the CITY and description of any action taken regardi• o ts. Passenger complaints related to safety or serious operational •e -ncies I be reported to the CONTRACTOR by the CITY no later than th- •rkday • 'ng the CITY's receipt of complaint. f) Vehicle Condition Summary: milea•- month, ear to date, , fuel and oil consumption (miles per unit), ac '•- •reve e maintena - and inspection program (actual vs. program), summary o om•onent rebuilding/repairs made, by vehicle. g) Equipment Status Summa -II other CITY-ow -quipment. h) General Summary: all other i evaluations, s. - '•ns for improvements. i) Pass and Ticket Sales Report • - : number ckets and passes sold by each vendor over the last month. j) Reports for the Trolley Circulato - - s'- .etailed by day and tabulated for the month. k) The Summ-- - • all also in. de a recap of the service, summary statistics for current • 4 , year- •ate, same ,o h last year (when applicable) and percent change o -t ye. or total syst= (if applicable). Spreadsheet type graph(s) of trends in rider- •- icle hour, and service quality measures shall be de - - - -•. It s also i . problems with service/personnel/accidents, and • • •ose• e problems. 26. Y SUMMA- POR .Yearly Summary Report for Trolley Circulator Service shall ncl •ut not be li to, des, hours, passengers and costs itemized by month for each servic- uding fare collections (if applicable). 27. SUBMISSI• •F I •ICES. Invoices and supporting documents for Services (or portions thereof) satis . ' rendered for the previous month, shall be submitted by the 15th day of each month t• the Transportation Department (Attention: Transportation Operations Supervisor), 16:8 Meridian Avenue, suite#801, Miami Beach, FL 33139, unless changed by notice in writing by the CITY. Upon verification of the accuracy and completeness of the invoice and supporting documentation by the Transportation Operations Supervisor, the invoice shall be forwarded for payment approval to the CITY. a) Itemized monthly invoice. The CONTRACTOR shall submit,with the Monthly Summary Report, an itemized monthly invoice to the CITY for the Services, or portions thereof, rendered during the reporting period. Both the monthly invoice and the summary report shall be received by the 15th day of the subsequent month. The itemized invoice shall follow a format approved by the CITY. Page 23 of 24 Page 1390 of 1735 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. Cre ' ould be shown for out of service hours per vehicle. d) Open records. All invoices and related records will ailable for inspection and/or independent audit at the election of the CITY. e) An excel version of the invoice, in addition to s ed ha y, shall be provided to the CITY for data management purposes. 28. E-VERIFY The CONTRACTOR shall utilize the U.S. Departme ela d Security's E-Verify system to verify employment eligibility of all new employees by the CONTRACTOR. It is the responsibility of the CONTRACTOR ensure compli with E-Verify requirements. The CONTRACTOR shall retain the 1-9 For ' spection. diS) Page 24 of 24 Page 1391 of 1735 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 ONTRACTOR's failure to meet the minimum performance standards set forth in thi gree ent and the resulting deterioration in service,and both parties desiring to obviate -• -stion of dispute concerning the amounts of said damages.The CITY shall have the '• to • ct from and retain out of moneys which may be then due(or which may become d and p- -),to CONTRACTOR, the amount of such Performance Penalties, and t - • RACTO •-II pay in full such Performance Penalties. Upon determination by the CITY of a failure • an e •ished perfo =nce measure, a written notification will be delivered to the CONTRA, •• o e office via email,with a copy to its local Project Manager at the time of invo •rocessing for services provided. Performance Penalties will not be app--• without the CO •CTOR receiving a written notice specifying the issue and detailing the •• nature of th• ence. The CONTRACTOR shall take all reasonable actions reques ITY to pr. •tly correct any deficiencies in performance. In the event that the CO OR fails to -et any p •ormance standard established under this Agreement, adju en he CITY p ment to the CONTRACTOR will be made as described below. umula • amount • '• by the CONTRACTOR for performance penalties shall n•t • •d $ •10 per day •-sed on a cumulative total of twenty-five vehicles in o•eration .. • ' operation)). For the reduced service levels, cumulative •ai• the C• • • CTOR for performance penalties shall not exceed '• . •-r •. veh For example, if service is operated with 15 vehicles,the cumu e amount • by • •NTRACTOR for performance penalties shall not exc• - •00 per day. 1. Unifo • $50 p- orded • ent(first event) • $100 pe • • • event(any event thereafter within a one-month period) • Drivers sh- - properly uniformed and groomed, 100% of the time. Drivers shall always we- e CITY approved uniform 2.Service Interruption Reporting Requirements(failure to submit clear and accurate written reports within 24 hours after a service interruption occurs): • $250 per recorded omission(Any case in excess of one report omission per month) 3. Monthly Reporting Requirements (failure to submit clear and accurate monthly reports (including but not limited to Ridership Reports, Service Miles Reports and Service Hours Reports): • $250 per recorded omission(Any case in excess of one event per year) Page 1 of 3 Page 1392 of 1735 4. Graffiti/Tagging: • $100 per recorded event(Any case in excess of twenty-four hours of reported issues being unresolved) 5. GPS Malfunction or Omission: • $200 per recorded event(Any case in excess of one day without tracking services per month,unless due to a major natural disaster/emergency) 6. Wi-Fi Malfunction or omission: • $200 per recorded event(Any case in excess of one day wit ut 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 driv 'ft(AM or PM) without radio communication between drivers per month 8. Surveillance Cameras Malfunction: • $100 per recorded event(Any case in e of one y without vid urveillance or one failure to provide video feedback wi hin ur quest per onth, unless due to a major natural disaster/emergency) 9. Sanitation: • $100 per recorded event(Any c- - -ss of one per month) 10.Safety: • $100 per recorded - • (Any case i ess of. - traffic citation) • CONTRACTOR - all traffic • =tion incidents within three(3)days of citation date. Failure • •ort cita s to the CI •all result in doubling the penalty amount to $200 for ea c tha . not reported a timely basis. 11.Reliabil • 8 '. on-time • an•. -• , -y regularity goal for routes operating headways of 20 utes or less - '0%fo . es operating headways of more than 20 minutes. In case • -dwav-base• ice •-adways that are 5 minutes longer than average headway go- -nv pre-det• fined stop location mutually agreed between the CONTRACTOR and t TY woul. .e non-compliant. In case of schedule-based service, departures _—{Formatted:Font:11 pt from an dete • ed stop location mutually agreed between the CONTRACTOR and the CITY .n 1 minute prior to scheduled departure will be treated as early and_j Formatted:Font:11 pt any departur_ ore than 4 minutes behind the scheduled departure time will be treated as late depa re.thus non-complaint. • $100 for each event that doesn't meet on-time performance goal. Exhibit F of the Agreement describes the agreed Procedure/Methodology for calculating On-Time Performance/Headway Regularity of the City's Trolley Service. In case of events which have a material impact upon traffic flow and headway performance of the trolley service, which are not part of regular reoccurring traffic congestion, such as roadway construction projects,long lasting lane closures, detours,vehicle cleaning in response to COVID-19 pandemic, staff shortages associated with COVID-19 pandemic or other Page 2 of 3 Page 1393 of 1735 similar events which are out of the reasonable control of the CONTRACTOR, the CONTRACTOR shall notify the City, in writing, within 24 hours of occurrence ("Documented Traffic Interruptions"). The City will use discretion when evaluating impacts of such conditions on service reliability. Page 3 of 3 Page 1394 of 1735 EXHIBIT F PROCEDURE/METHODOLOGY FOR CALCULATING ON-TIME PERFORMANCE/HEADWAY REGULARITY OF THE CITY'S TROLLEY SERVICE For the purpose of evaluating OTP/headway regularity of each individual route, the following headway and OTP/headway regularity goals will be used, depending on number of vehicles in service: Number of Service headway allowing 5- Average headway/senrice OTP/headway Route/Loop Name vehicles in min late arri I/departure frequency goal(min) regularity goal service to/f top 6 11 16 South Beach Loop A 5 13 A18 85% 4 16 21 3 22 •` 80% 6 South Beach Loop B 5 16 Zi � 85% 4 0 25 3 26� � 31 ' 80% 5 15 20 85% Middle Beach Loop 4 20 ` 25 3 26 31 80% 7 W18 6 15 20 85% Collins Express 5 118 I"" 23 4 23 28 Alingh 35 80% 4 15 20 North Beach Loop fir 20 If25 85% 2 30 35 80% Avera.- eadways - ""11111:111,ssocl dway goals allowing for 5-min buffer that may not be coy-• the table abs ill be culated and applied using the same methodology in which rou e I- • average o -ting speed and number of vehicles in service yields average headways. To meet the sp= O' /headway regularity goal when providing headway-based service,the CONTRACTOR ovide service to all pre-selected stops mutually agreed between the CITY and the CO -•CTOR by arriving no more than 5 minutes late as compared to the average headway•oal for the given route. For example,for the South Beach Loop A,in case of 4 vehicles in service, the CONTRACTOR shall arrive at all pre-selected stops along the route-- within 21 minutes(16-minute headway+5 minutes late)85%of the time. TSO Mobile web-based tool allows for analysis/reporting of various metrics including headway • and On-Time Performance (OTP)/headway regularity. Utilizing "Stops Summary" under "Headway Report"for the specific stop,time period, route,and specified headway, report which contains number of visits to stop,and on-time performance at the stop among other information will be generated. When multiple stops are used for evaluation of OTP, a single value for Page 1 of 3 Page 1395 of 1735 • 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 25 minutes for this route, provided 4 vehicles are serving the route (20 minutes + 5 minutes late). Given that OTP/headway regularity goal of 85%, the number of visits needed to be conducted to be in compliance with OTP/headway regularity standard is 0.85*57=48. finally, difference between number of visits that would be compliant to OTP/headway reg `standard (48) and the actual number of visits within headway goal (47) results ' 1 event that doesn't meet OTP/headway regularity goal Exhibit C of the Agreement s' -s $100 for each event that doesn't meet service reliability goal. The amount of pe es . 'dated with this example would be one (1) event" $100 = $100. The same m- o• 'logy f• culating OTP/headway regularity would be used in case alternative technolo• - • -Iled/utili , lieu of TSO Mobile. In case of events which have a material impac •n traffi• ow and hea.. •erformance of the trolley service, which are not part of -g• eoc g traffic • •estion, such as roadway construction projects, long lasting Ian- es, detours, vehicle cleaning in response to COVID-19 pandemic staff shorta•es a 'ated with COVID-19 •andemic or other similar events which are out of - reasonable co •f vendor,the vendor shall notify the CITYity of occurrence of such ev= • the CITYity discretion when evaluating impacts of such conditions on service r. -. •r exampl, the Collins Express operates with 6 vehicles, to meet the specified 0 'thee. -•ul- goal the CONTRACTOR shall arrive at all pre-selected stops along th- o wit' minutes (15-minute headway + 5 minutes late)85%of the ' f, at the en• - the mo• , the CITYity determines that, due to qualified event(such i- •r - •le,a detou :ssociated with construction'project along Collins Express route) ac.' ••• aver- headways - the month period were 15% or higher as compared to aver-•e •way -al during no . conditions,achieved average headways may be used for evaluation • -rity of the route for that month. In this particular case,that w• --n tha -ado - •f(15-minute headway+5 minutes late)85%of the time,the • • - 1 es headway+5 minute late when evaluating OTP/headway regular of this ro this • imilarly, if the achieved average headways along this rout- o qualified e for the :•ove example,were 19 minutes,the CITYity may be using 19-min minutes w eval•ating OTP/headway regularity of this route for that month. As part of A •ment . 12 to the Agreement, the CITY approved,use of Swiftly, INC.. Formatted:Font:Not Bold services by th •N • CTOR,through the end of the contract term, at no cost to the Formatted:Font:Not Bold CITY, as an - •nal vendor for monitoring. analyzing and managing system Formatted:Font:Not Bold performance.Swi . ,s On-Time Performance module allows for analysis/reporting of various\ metrics including late, early and on-time,where on-time performance is defined by the number Formatted:Font:Not Bold of de artures that occurred within set definitions of"late"and"earl ."Additional! Swift( 's web- Formatted:Font:Not Bold based Headways module allows for analysis/reporting of various frequency-related metrics Formatted:Font:Not Bold including Headway bunching and gapping, where headway performance is defined by the Formatted:Font:11 pt percentage of departures that occurred within set definitions of "expected," "bunched," and Formatted:Font:11 pt "gapped.", Formatted:Font:(Default)Arial,11 pt,Not Italic At the City Manager's discretion,the CONTRACTOR can operate a schedule-based service as l Formatted:Font color:Custom Color(RGB(43,46,47)) an alternative. All schedules are subiect to the CITY's review and approval. Any changes in Page 2 of 3 • Page 1396 of 1735 service level or service span will require development of new schedules by the CONTRACTOR and will be subiect to CITY's review and approval.Additionally, multiple schedules may need to be developed for the same service levels and spans due to seasonality in connection with traffic conditions and other factors. Once reviewed and approved by the CITY, schedule(s) will be included Administratively in the Agreement as part of new Exhibit G. Subject to the mutual agreement between the CITY and the CONTRACTOR, or a direction of the City Manager,the operation could change from schedule-based to headways-based service or vice-versa. In case of schedule-based service, departures from any pre-determined stop location mutually agreed between the CONTRACTOR and the CITY more than 1 minute prior to scheduled departure will be treated as early and any departure more than 4 mi utes behind the scheduled departure time will be treated as late departure,thus non-complai OTP/headway regularity of each individual route will b uated . - CITY and associated reliability related penalties as stipulated in Exhibit •greeme I be calculated and assessed by the City on a monthly basis. • dil<;)'111C11111* Page 3 of 3 Page 1397 of 1735 EXHIBIT G OPERATING SCHEDULE(S) Schedules are being developed by LSF. Once reviewed and approved by the CITY, schedules will be added to this Exhibit. Page 1398 of 1735