Amendment No.12 to Agreement with Limosines of South Florida, Inc. Z022-32118
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 (the "CITY") and Limousines of South Florida, Inc, for Turn-Key
Operations and Maintenance Services of a Municipal Trolley System for the City of Miami
Beach (the Agreement) is made and entered into this 3 day of 'y k/ , 2022.
WHEREAS, on April 30, 2014, the City Commission approved the award of Invitation
to Bid (ITB) No. 2014-154-SR for Turn-Key Trolley Operations and Maintenance Services to
Limousines of South Florida, Inc. (LSF or CONTRACTOR); and
WHEREAS, on May 8, 2014, the CITY and LSF executed the Agreement; and
WHEREAS, on July 30, 2014, the Mayor and City Commission adopted Resolution No.
2014-28708, authorizing the CITY to execute Amendment No. 1 to the Agreement, which
increased the scope of the Agreement to include optional equipment, as well as additional
automated stop announcement equipment, with the capability of displaying public
advertisements; and
WHEREAS, on October 6, 2014, the CITY and CONTRACTOR executed Amendment
No. 1; and
WHEREAS, on March 18, 2015, the Mayor and City Commission adopted Resolution
No. 2015-28967, approving and authorizing Amendment No. 2 to the Agreement, incorporating
an enhanced Scope of Services to the Agreement in order to accommodate additional
transportation expenses needed for the CITY's Centennial celebration, increasing the cost of
the Agreement for said enhanced Scope of Services during the 2014-2015 fiscal year, solely;
and
WHEREAS, on March 24, 2015, the CITY and CONTRACTOR executed Amendment
No. 2; and
WHEREAS, on October 21, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29194, waiving, by 5/7th vote, the competitive bidding requirement and approving
Amendment No. 3 to the Agreement; said amendment providing for(1)the addition of two new
routes in Middle Beach(the Middle Beach Loop and the Collins Link); (2)the addition of fourteen
(14) new modified/kneeling high-floor/rear end wheel chair lift trolley vehicles (New Modified
trolley vehicles) for the operation of the North Beach and Middle Beach routes, in an amount
not to exceed $6,700,000 annually; (3) a negotiated new hourly rate commensurate with the
cost of said trolley vehicles and the additional services for the new Middle Beach routes; (4)
the early exercise of the two (2) renewal options, extending the agreement to May 7, 2021; (5)
in addition to the term provided in the previous subsection (4), further extending the term, as
to each route, to include a full sixty(60) month term, commencing as of the roll-out date of all
the modified high-floor trolley vehicles for each respective route; and (6) and authorizing the
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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, waiving, by 5/7th vote, the competitive bidding requirement, finding such waiver
to be in the best interest of the CITY, and approving, in substantial form, Amendment No. 4 to
the Agreement, increasing the scope of the Agreement to include the following: (1)the addition
of one (1) bi-directional route in South Beach for a term of sixty (60) months, commencing as
of the roll-out date for the Low-Floor trolley vehicles; (2) the addition of twelve (12) new Low-
Floor trolley vehicles for use in all CITY trolley routes; (3) a negotiated new hourly rate for the
Low-Floor trolley vehicles and additional associated services; and (4) increasing the annual
cost of the Agreement, from a not to exceed cost of $6,700,000 to a not to exceed cost of
$12,000,000; authorizing the City Manager to approve the purchase of additional optional
equipment for the Low-Floor trolley vehicles, as may be needed in the Administration's
discretion, subject to funding availability; authorizing the City Manager to terminate the existing
interlocal agreement, in connection with the negotiation of a new interlocal agreement with
Miami-Dade County, in connection with the South Beach route; and
WHEREAS, Amendment No. 4 to the Agreement was executed on March 29, 2017;
and
WHEREAS, on May 17, 2017, the Mayor and City Commission adopted Resolution No.
2017-29873, approving and authorizing the City Manager and City Clerk to execute
Amendment No. 5 to the Agreement; approving the replacement of the Collins Link route
alignment with the Collins Express route, at no additional cost to the CITY, to provide more
direct intracity connectivity between Washington Avenue/Lincoln road and 88 Street; and
WHEREAS, Amendment No. 5 to the Agreement was executed on October 26, 2017;
and
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Ordinance
No. 2017-4143, amending certain provisions of the City Living Wage Ordinance as codified in
Sections 2-407 through 2-410 of the City Code or the Ordinance; and
WHEREAS, Amendment No. 6 to the Agreement reflecting the impact of the Living
Wage ordinance was executed on December 4, 2018; and
WHEREAS, on January 16, 2019, the Mayor and the City Commission adopted
Resolution No. 2019-30687, approving, in substantial form, Amendment No. 7 to the
Agreement; said amendment including the following modifications: (1) adding one (1) used
high-floor trolley vehicle to the CITY's trolley fleet to be used as a spare only; (2) permitting the
operation of all trolley vehicle types (high-floor, modified high-floor/kneeling or low-floor)along
any of the CITY's trolley routes, as needed, to ensure proper service coverage; and (3)
modifying other miscellaneous provisions of the Agreement to address the current operating
conditions of the trolley services, which include updating the trolley routes, establishing a new
On-Time Performance goal of 85% for all trolley routes, and clarifying the language for
determining fuel charge adjustments and performance penalties; and
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WHEREAS, Amendment No. 7 to the Agreement was executed on March 15, 2019;
and
WHEREAS, on September 25, 2019, the Mayor and the City Commission adopted
Resolution No. 2019-31000 approving Amendment No. 8 to the Agreement; said amendment,
adding, at no additional cost to the CITY, one (1) used 2006 high-floor trolley vehicle in the
CITY's trolley fleet, to be used solely as a spare; and
WHEREAS, on 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, Amendment No. 9 to the Agreement was executed on August 19, 2020;
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, Amendment No. 10 to the Agreement was executed on December 21, 2020;
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 Agreement and Amendments No. 1 through 11 shall be collectively
referred to herein as the "Agreement"; and
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WHEREAS, on April 6, 2022 the Mayor and City Commission adopted Resolution No.
2022-32118, approving, in substantial form, Amendment No. 12 to the Agreement; 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 City Manager's discretion; (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 authorizing 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.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The.Agreement 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 Penalties" is hereby deleted and in
its entirety and replaced with the attached Exhibit C.
c) Exhibit F to the Agreement, entitled "Procedure/Methodology for calculating On-Time
Performance (OTP) of the CITY's trolley service" is hereby deleted and in its entirety
and replaced with the attached Exhibit F.
d) A new Exhibit G to the Agreement, entitled "Operating Schedule(s)" is hereby
incorporated into the Agreement.
e) A new exhibit H to the Agreement, entitled "FEMA Provisions for Contracts" is hereby
incorporated into the Agreement, effective as of the commencement date of the
Agreement.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment shall
govern.
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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 na T. Hudak. Ci y Manager
Date: MAY 0 3 2022
P 748,„
_IfiCORPtIORATED.•`
•
FOR CONTRACTOR: LIMOUSINES OF SOUTH FLORIDA, INC.
•
ATTEST: 11P.7
By: � APP
Secretary IP residen4�
ieMi Gov4e60,Ci4
Print Name Print Na
Date: `1 IQ,' 2
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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�s City Attorney ate
EXHIBIT A
SCOPE OF SERVICES (THE SERVICES)
1. SERVICES TO BE PROVIDED. The CITY wishes to implement a municipal fixed-route, fixed-
schedule, public Transit service that is responsive to the needs of the employees, visitors, and
residents of Miami Beach, meet(s)all applicable local, state and federal laws and regulations,
and that complies with all safety, mechanical, and vehicular standards mandated by Miami-
Dade County (MDC) Passenger Transportation Regulatory Division (PTRD) and any other
applicable regulatory agencies.
The CONTRACTOR shall coordinate, manage, and control all applicable program activities
which shall include providing vehicles, drivers, and all personnel, as necessary, supervise all
elements of on-street operations, and develop administrative procedures and financial records
necessary for the operation of the System (as defined in Section 3(c) herein), to be reviewed
and approved by the CITY.
The CONTRACTOR will obtain and provide all required state and local vehicle permits
(including, without limitation, the passenger motor carrier licenses "PMC"), vehicle
registrations, and license plates. The CONTRACTOR must also have all applicable state and
local business licenses or procure same prior to the start of service. The CITY reserves the
right to ask the CONTRACTOR for proof of licenses at any time in order to ascertain
compliance.
The CONTRACTOR shall bear all operating expenses incidental to the use and operation of
the System vehicles (including, without limitation, the trolleys, fuel, permits, required interior
and exterior signage for vehicles, driver's uniforms branded with CITY logo, map frames and
hold-four brochure holders equal to the ones used by Miami Dade Transit buses). All System
vehicles shall be operated and maintained to comply with all local, state, and federal
regulations.
The CITY reserves the right, at any time and as many times, during service hours, to audit
CONTRACTOR's records and inspect, examine,test, or monitor CONTRACTOR'S equipment
(including, without limitation, the trolley vehicles) or facilities used in the Project or in
connection with the performance of the Services. CONTRACTOR agrees that its equipment
and facilities may be inspected, examined, tested, or monitored by the CITY or its authorized
representatives, or by any Federal, State, or local officer or agency having responsibilities for
inspections of the Project or the Services. CONTRACTOR hereby waives all claims against
the CITY for compensation for loss or damage sustained by reason of any interference(which
interference, if by the CITY, must be reasonable)with its operations by any public agency or
official in enforcing their duties or any Applicable Laws. Any such interference (which
interference, if by the CITY, must be reasonable) shall not relieve CONTRACTOR from any
obligation from this Agreement.
The CONTRACTOR shall be responsible for the performance, acts, and/or omissions of its
employees, subcontractors, and/or agents.
2. OBJECTIVES. The primary objectives of the contract operation are:
a. To provide a safe, clean, reliable, and efficient public trolley transportation service on a
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
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b. To provide a professional, courteous, and pleasant Transit experience for each passenger
(See Ambassador Style Customer Service standards incorporated herein and attached to
the Agreement as Exhibit B).
3. SERVICE DESCRIPTION.The service areas governed by this Agreement shall include areas
located within the jurisdictional limits of the City of Miami Beach, as described below:
a. Trolley Service Areas. The trolley service is a fixed route, fixed schedule public Transit
service and will be directly managed and funded by the CITY. The trolley service areas
shall include: one (1) route in the North Beach area (North Beach Loop); one route in the
Middle Beach area (Middle Beach Loop); one route connecting the North, Middle and
South Beach (Collins Express), all as more particularly described in the attached Figure
1; and one (1) South Beach Route, as more particularly described in the attached Figure
2. The North Beach Loop, Middle Beach Loop, Collins Express and South Beach Route,
as more particularly described in Section 3(b) herein, shall be collectively referred to
herein as the Trolley Service Area(s).
The CITY fleet shall have a total of thirty-three (33) trolley vehicles, including trolley
vehicles used as spares. Notwithstanding the foregoing, the City Manager, on behalf of
the CITY, reserves the right to increase or decrease the number of trolley vehicles in
operation, reassign the trolley vehicles between Trolley Service Areas, and/or purchase
replacement trolley vehicles (even if older than the year 2016), as deemed necessary, in
the City Manager's sole discretion; provided, however, that any such administrative
modifications to the City's fleet does not cause an increase in the annual operating costs
under this Agreement. In connection to any reassignment of the trolley vehicles, the City
Manager has authority to modify the headways for any affected Trolley Service Area.
Depending on number of vehicles in service, the average headways/service frequency
along routes shall be as depicted in Table 1 below:
•
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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
South Beach Loop B 5 16
3 26
Middle Beach Loop 4 20
7 13
Collins Express 5 18
4 23, _
3 30
4 15
North Beach Loop 3 20
= _._2 30. .
CONTRACTOR shall ensure that every effort is taken to repair vehicles quickly, enabling
for primarily Low-Floor vehicles to be used on the South Beach Route. Under exigent
circumstances, to enable for proper service coverage, high-floor vehicles can be used
along the South Beach Route, however, as soon as a Low-Floor vehicle is made available,
it should replace a high-floor vehicle operating along the South Beach Route. Conversely,
Low-Floor vehicles can only be used on loops other than the South Beach Route (i.e.
North Beach Loop, Collins Express, and Middle Beach Loop) if absolutely necessary to
maintain service coverage on those loops and subject to the conditions described above.
b. Description of Routes for each Trolley Service Area.
1. The North Beach Loop extends from 65th Street on the south side to 88th Street on the
north; and from Collins Avenue on the east to the western CITY limits along 71 st
Street/Normandy Drive. This neighborhood consists of a variety of land uses that are
integral to the success of a local Transit service. The intent of the North Beach Loop is to
provide local public Transit service within a 7-mile closed loop in the North Beach area of
the CITY. This route is intended to serve the Collins Avenue and 71st Street commercial
corridors, as well as residential areas along the Biscayne Point and Normandy Shores
area.
2. The Middle Beach Loop is intended to provide Transit connectivity between major high-
density corridors, local venues, employment centers, parking facilities, commercial
corridors and public facilities between Mount Sinai Hospital and the Convention Center
through the 41" Street corridor and Collins Avenue/Indian Creek Drive corridors. This
route alignment is bounded by 44th Street to the North, Alton Road to the West, Collins
Avenue to the East and Lincoln Road to the South.
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3. The Collins Express provides connection between the North Beach Loop, Middle Beach
Loop and the South Beach Route. The service operates from 88th Street to Washington
Avenue/Lincoln Road along Collins Avenue, Harding Avenue, Indian Creek Drive and 17th
Street. Collins Express trolley service is intended to reduce the number of transfers
required to travel between North Beach, Middle Beach, and South Beach as well as travel
times, thereby resulting in a quicker and more attractive and efficient intracity trolley
service.
4. The South Beach Route consist of(2) distinct loops: 1) "Loop A" operating in a clockwise
direction; 2) "Loop B" operating in a counterclockwise direction. Service extends from
South Pointe Drive to the South to 23rd Street to the North,Washington Avenue and Collins
Avenue to the East, and Belle Isle to the West.
5. Operating days, hours and number of vehicles in service may vary on a monthly basis. As
depicted in Table 1 of Section 3(a), service frequency will vary depending on number of
vehicles in service along routes.
c. The CONTRACTOR shall provide the required vehicles,' drivers, dispatchers, fuel,
storage, operation, maintenance, repairs, bonds, and insurances, in order to provide the CITY
with a first class, turn-key public trolley transportation system (the Project or the System).
The Service, in general, shall comply with the System specifications and service standards
described herewith; comply with any Interlocal Agreements between the CITY and Miami-
Dade County in connection with each of the Trolley Service Areas; comply with any and all
Federal, State, County, and CITY laws applicable to this service; and provide management,
technical and operating personnel and services necessary for the operation of the CITY's fixed
route(s)trolley system. All services shall be subject to the control of the CITY and coordinated
by the CITY. The CONTRACTOR's day to day operations shall be vested in the
CONTRACTOR's full-time System Manager, who shall serve as the CONTRACTOR'S
representative under this Agreement. In addition, an officer or senior management employee
of CONTRACTOR shall be available to the CITY either by phone, electronic mail, or in person,
to make decisions or provide coordination under this Agreement, as necessary.
All System vehicles shall have bicycle racks, all required interior and exterior signage, interior
and exterior regulatory signs as well as vehicle ID signs, interior map frames (approximately
21x21 in size) and brochure holders (similar to that of Miami Dade Transit Buses), electronic
marquees and wheelchair lifts, as applicable.
4. OPTIONAL EQUIPMENT. The CONTRACTOR shall equip all trolley vehicles with the
following equipment (Optional Equipment), including but not limited to: monitors, video
surveillance system with capabilities of live feed, recording audio and video and storing
recorded data for a minimum of three (3) weeks, automatic passenger counters (APC),
Automated Voice Information Systems(AVIS),Wi-Fi services, real time GPS tracking services
(with capabilities to provide mileage, service hours and ridership reports, and capabilities to
provide data in a format that is compatible with Miami-Dade County's mobile application
"Miami Dade Bus Tracker"). The costs of the above equipment and related maintenance fees
are not included in the hourly rate for this Agreement. The purchase of said Optional
Equipment shall be subject to the prior written approval of the City Manager or designee.
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Except as to certain exceptions (delineated below)', upon said approval, the CONTRACTOR
shall invoice the CITY separately for the purchase, installation and service related to this
Optional Equipment. In addition, the City Manager or designee may approve, in writing, the
purchase of additional Optional Equipment for the trolley vehicles in the CITY fleet, as may
be needed in the Administration's sole discretion and subject to budgetary appropriation. The
CITY shall retain ownership of all Optional Equipment purchased for the trolley vehicles.
5. TROLLEY DELIVERY. CONTRACTOR shall provide the CITY with an amortization schedule
for each new trolley vehicle, based upon the purchase price of each new trolley vehicle. Said
amortization schedule shall be subject to the written approval by the City Manager and shall
be attached to the Agreement as Exhibit D-2 for the New Modified trolley vehicles, and as
Exhibit D-3 for the Low-Floor trolley vehicles. The amortization schedule for the high-floor
trolley vehicles is attached hereto as Exhibit D-1. Each of the amortization schedules shall
contain a breakdown of the principal and interest portions of the payments set forth therein.
6. GENERAL REQUIREMENTS FOR ALL PERSONNEL.
a. All personnel assigned shall be knowledgeable of the Services to be provided herein;
b. All Project personnel shall maintain a professional, courteous attitude, answering
to the best of their ability any passenger questions regarding the provision of
Services. Discourtesy, rudeness,, or the use of profanity will not be tolerated and
shall be grounds for immediate removal of the offending employee from performing
work on the Project or performing Services.
c. Drivers and dispatchers shall accurately complete and submit the required operating
reports daily;
d. The CONTRACTOR shall provide manuals related to personnel policies and procedures
and maintain an employee acknowledgment file with employee signature indicating they
have read and fully understand its contents. CONTRACTOR shall provide a copy of
training program and employee handbook to the CITY upon request.
e. All personnel shall be required to attend quality/safety workshops as required by the CITY,
up to a maximum of sixteen (16) hours per year, per employee. Certification of training
shall be presented to the CITY on an annual basis.
7. VEHICLE OPERATORS (DRIVER) REQUIREMENTS.
a. Vehicle operators must have a valid Florida CDL (chauffeurs or commercial) driver's
license with endorsement for passengers, HACK license, as well as any other licenses
required by applicable federal, state, and local regulations.
b. Vehicle operators shall be trained in all operational procedures relating to the System,
including thorough knowledge of the service area street network and points of
destination/interest along or in close proximity to the route.
c. Drivers shall be fully trained in defensive driving and vehicle handling.
d. Drivers shall be trained in the special skills required to provide transportation to elderly
and disabled individuals.
e. Drivers shall be trained to understand and practice the high quality of service required by
the CITY, and expected of a first-class System. Drivers SHALL follow the Ambassador
Style Customer Service section incorporated herein and attached to the Agreement as
Exhibit B.
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.
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f. Drivers shall assist passengers confined to wheelchairs in boarding and shall perform the
tie downs.
g. Drivers shall be trained to operate all types of vehicles (including reserve vehicles owned
by the CONTRACTOR) in service, wheelchair lifts, and secureness systems, and other
equipment that they may be expected to use during service hours.
h. Drivers shall be available and on-time daily to ensure consistent and reliable service.
i. No vehicle operator shall take lunch hour or breaks inside or close by his/her vehicle.
j. Drivers shall be dressed and groomed appropriately. Further, all drivers shall wear a
uniform acceptable to the CITY and that takes into account the CITY emblem and vision.
k. Drivers and/or any other employee in contact with passengers shall wear identification
tags clearly displaying their first name only while performing their duties.
I. Each Driver and vehicle shall have an accurate timepiece available and in clear sight at
all times during vehicle operation.
m. Each driver SHALL have an operational two-way radio in the trolley vehicle in order to
communicate with dispatch operators, supervisors, and other trolley drivers in order to
ensure compliance with schedule and headways and avoid vehicle bunching.
n. Drivers are required to have a thorough knowledge of traffic regulations along the route
and the schedule time points.
o. Drivers shall be trained to understand and practice the high quality of customer service
required by the CITY. The CONTRACTOR should provide adequate customer service
training to its employees (drivers/customer personnel) and should demonstrate to the
CITY that drivers/customer personnel operating trolley vehicles for the CITY have
attended and successfully completed customer service trainings. Drivers SHALL
demonstrate excellent customer service, sensitivity, courtesy, professionalism, high
ethical standards, helpfulness, and safe driving habits. The Ambassador Style Customer
Service section incorporated herein and attached to the Agreement as Exhibit.B SHALL
be included in the CONTRACTOR's training workshop schedule if not covered already.
p. Drivers shall not transport any animal, except seeing-eye dogs and special companion
assistant dogs.
q. Drivers and dispatchers shall accurately complete and submit the required operating
reports daily, including ridership counts (unless vehicle is equipped with Automated
Passenger Counts capabilities).
r. Drivers shall log and report all events that jeopardize the safety of passengers or impede
vehicle movement pursuant to the Accident and Incident Procedures described herein.
s. Drivers are required to adhere to and maintain the scheduled frequency of trips
(headways).
t. Drivers need to be sensitive to ridership comforts, such as the interior temperature of their
respective vehicle, cleanliness of vehicles, etc. It is imperative that the on-board air
conditioning unit function properly at all times while the trolley is in service. An interior
ambient temperature of 72 degrees Fahrenheit is desired at all times during trolley
operation.
u. Drivers shall be prohibited from playing the radio during the hours of operation of the trolley
vehicles.
v. Drivers shall announce stops if trolley vehicle is not equipped with automated stop
announcement capabilities or if equipment is malfunctioning (please refer to number 6
under STANDARD OPERATING PROCEDURES).
8. DISPATCH OPERATORS. Dispatch personnel shall be bilingual (English and Spanish) and
trained in the Ambassador Style Customer Service incorporated herein and attached to the
Agreement as Exhibit B. In addition, dispatch personnel is expected to proactively assist
drivers to avoid bunching issues through the use of two-way radio communication and GPS;
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dispatcher shall coordinate fueling, breakdowns, vehicle re-gens and other issues to avoid
interruption of service or headway increase. All dispatch operators shall be able to
communicate via two-way radio with supervisors and drivers.
9. STAFF LEVELS AND WAGES. The CONTRACTOR shall be responsible for payment of all
employees' and/or subcontractors' wages and benefits. The CONTRACTOR's personnel
wages and work hours shall be in accordance with applicable Federal, State and local
regulations affecting such personnel.
The CONTRACTOR shall pay staff wages within the acceptable ranges of the transportation
industry for the established positions, understanding the specialty skills required to perform
an Ambassador Style Customer Service; it is highly desirable that CONTRACTOR offers
competitive salaries, benefits and incentives for drivers, dispatchers and road supervisors who
excel in their responsibilities.
10. MINIMUM PERFORMANCE STANDARDS. The CONTRACTOR shall strive to provide a
fixed-route public Transit service in the Trolley Service Areas, in a manner that will maximize
the efficiency of the service while achieving excellent customer service. The performance
measures specified herein, balanced with the Ambassador Style Customer Service criteria
incorporated herein and attached to the Agreement as Exhibit B, will serve as the benchmark
standards for the periodic evaluation of the CONTRACTOR by the CITY and for the
assignment of performance penalties by the CITY as provided in Exhibit C.
The CONTRACTOR and the CITY shall meet periodically to evaluate the Services, based
upon the performance standards established by the CITY. The following minimum
performance standards are agreed to between CONTRACTOR and CITY for the term of the
Agreement:
Sanitation:
• Interior and exterior of vehicles must be kept in pristine condition, 100% of the time.
Reporting:
• All applicable reports (including, but not limited to, ridership reports, service
interruption reports and invoices)must be filed within the specified time frame, 100%
of the time.
Safety:
• Drivers shall follow all applicable traffic regulations, 100% of the time.
Fines:
• CONTRACTOR shall operate and manage the vehicles free from any penalties
which may be imposed on the CITY by local, state, and federal agencies, 100% of
the time.
Reliability:
• 85% on-time performance/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
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CITY). The above on-time performance goal shall also apply to schedule-based
service, as the schedule-based service times will determine the headway. For
example, if the schedule calls for serving stop "A" at 9:00AM and 9:15AM, this
translates into a 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 dispatched immediately upon
interruption in service to ensure on time performance. Trolley spare vehicle shall
commence service no later than one (1) hour after service disruption. The
CONTRACTOR shall not be compensated for any time elapsed without service.
• If no parts need to be ordered, repairs shall occur within two (2) business days (48
hours), 95% of the time.
• If parts are required, orders shall be placed within 24 hours and repairs.shall be
performed within 24 hours of receipt of required parts.
Customer service:
• Respond to customer complaint within 48 hours, 95% of the time.
• Drivers properly uniformed and groomed 100% of the time.
• Drivers, dispatchers and road supervisors must adhere to the AMBASSADOR
Service Style Customer Service attached as Exhibit"B" herein.
Radio Communication:
• Effective radio communication through the use of two-way radios between
dispatchers, drivers and supervisors, 100% of the time. Two-way radios shall have
separate frequencies enabling dispatchers to communicate to individual routes,
rather than communicating to all vehicles in the CITY fleet, unless needed in
emergencies.
The CITY reserves the right to request the removal of any CONTRACTOR employee from the
Service Areas upon noncompliance of performance standards dictated above.
11. MAINTENANCE. The CONTRACTOR shall prepare and submit upon execution of this
Agreement,a written Preventive Maintenance(PM)Policy and Program Manual. Any changes
after award must be approved by the CITY in advance. The CONTRACTOR shall provide
separate PM programs for the vehicle heating and air conditioning (HVAC).
The CONTRACTOR shall assume full responsibility for ensuring that all System vehicles used
in connection with the Project shall at all times be maintained at the highest levels and in a
manner that is consistent with good business practices and the standards for condition and
quality, commensurate with a first-class public trolley transportation system. Notwithstanding
the preceding, CONTRACTOR shall, at a minimum, ensure that all vehicles are well
maintained, safe, and fully operable in accordance with the highest standards of care and
•
shall provide the following:
• Vehicle maintenance and repair (including, without limitation, all preventive
maintenance, as well as emergency maintenance such as dead batteries, flat tires,
etc.); and
Page 13 of 23
• Interior and exterior cleaning.
The CONTRACTOR shall immediately report and repair any damage to the interior or exterior
of vehicle(s). If a vehicle is damaged, the CONTRACTOR shall retire that vehicle from service
as soon as practicable and a spare vehicle shall be immediately dispatched to service the
route. Exterior damage to vehicle(s)due to collisions, scratches, and graffiti markings shall be
repaired within 24 hours.
CONTRACTOR shall not permit the use of any vehicle, in a state of repair that violates any
Applicable Laws. Vehicles may only be driven and/or parked in areas designated for such
purposes and as provided for under this Agreement and pursuant to Applicable Laws.
The CITY, and/or its officers, employees, agents, and/or contractors shall not be responsible
or liable for any damage to CONTRACTOR'S vehicles. CONTRACTOR shall be responsible
for and provide reasonable security measures which may be required to protect the vehicles.
Under no circumstances shall the CITY be responsible for any stolen or damaged goods,
facilities, materials, and/or other equipment including, but not limited to, the vehicles, nor shall
CITY be responsible for any stolen or damaged personal property of CONTRACTOR'S
employees, contractors, subcontractors, agents, vendors, patrons, guests, invitees, and/or
any other third parties.
CONTRACTOR, at its sole cost and expense, shall maintain and store the vehicles and
provide lubricants, repairs, parts, and supplies required for the maintenance and operation of
all buses and service vehicles. The CONTRACTOR will be responsible for supplying all
vehicle fuel. The CONTRACTOR will be responsible for providing tires for all vehicles. It shall
be the CONTRACTOR's responsibility to maintain the color scheme in good condition, with
painting/decalirig as needed, throughout the life of the Agreement.
12. FARES/COLLECTIONS. Should the CITY opt to charge fares for the trolley service, the
equipment, installation, and maintenance needed for implementation shall be the
responsibility and at the cost of the CITY.
All fares collected shall become the property of the CITY and the CITY will sanction
procedures to control the fare box collection, auditing, etc. The CONTRACTOR shall abide by
any sanctioned procedures by the CITY.
13. ROAD SUPERVISION. The CONTRACTOR shall provide sufficient road supervision to
monitor drivers, vehicles, quality of service, and adherence to all established routes,
headways and schedules, and to respond to emergency calls as appropriate. At least one (1)
of the road supervisors shall be fully dedicated to the City of Miami Beach, and be accessible
via phone at any time during service hours of operation. The road supervisor shall be required
to meet on a weekly basis with the CITY's Transportation Operations Supervisor at the CITY's
discretion to provide feedback of the daily operation and discuss potential
strategies/improvements to service. The dedicated road supervisor shall have competent
communication skills.
The CONTRACTOR's supervisory personnel shall ensure established performance measures
are met at all times; including during fueling, relieves, bathroom breaks, accidents, and all
applicable.
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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 driving duty. If a road supervisor has
been assigned to driving, a different road supervisor must take over the supervisory tasks.
14. ACCIDENT AND INCIDENT PROCEDURES.The CONTRACTOR shall develop, implement,
and maintain procedures to respond to all accidents, disturbances, passenger
injuries/fatalities, and any other service interruptions/failures. These shall be reported to the
CITY in accordance with the established performance measures herein.
All traffic accidents involving System vehicles, irrespective of injury, shall be immediately
reported to the City of Miami Beach Police Department. The CONTRACTOR will advise such
agency of the accident and request a police unit to investigate the accident.
The CONTRACTOR operating a trolley vehicle shall give the CITY's Transportation
Operations Supervisor immediate verbal and subsequent written notice of the following
events:
• A fatality, where an individual is confirmed dead within thirty (30) days of a Transit
accident, excluding suicides and deaths from illnesses.
• Injuries requiring immediate medical attention away from the scene for one or more
individuals.
• Property damage to trolley vehicles, transit system vehicles other than trolleys, other
trolley System property or facilities, or any other property. The CITY's Transportation
Operations Supervisor shall have discretion to investigate events resulting in property
damage less than $1,000.
• Evacuation of a trolley vehicle due to a life-safety event where there is imminent danger
to passengers on the trolley vehicle(s), excluding evacuations due to operational issues.
Immediate notice of all above-referenced events/accidents is required, and such notice shall
not be delayed for more than one(1)business day.These notices, at a minimum, shall include
the date, time, location of the occurrence and the appropriate number of persons killed or
injured. The person making the notification must provide his or her name and title, the trolley
number involved and state where he or she can be reached for further details. In addition, the
person must supply any additional information requested. The CONTRACTOR must ensure
the physical evidence of the accident scene is properly documented prior to the scene being
cleared. Immediate notice of the above occurrences shall be reported by telephone.
Immediate notice of all said accidents is required, but in no instance shall the notice be
delayed for more than two (2) hours.
A written notice shall be submitted to the CITY, unless otherwise specified by the CITY,within
one(1)business day(24 hours)of the occurrence for all fatal accidents and all injury accidents
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which result in injuries to one (1) or more passengers, on the form entitled "Trolley Operator
Accident Report" which is set forth in the System Safety and Security Program Plan.
The CONTRACTOR shall assist the CITY in documenting accidents and incidents. Report
shall meet all applicable FDOT and F.A.C. Chapter 14-90 reporting requirements.
15. EMERGENCIES- NATURAL DISASTERS. In the event of an emergency or natural disaster,
the CITY may require the CONTRACTOR to make available, to the maximum extent possible,
transportation and communications services and facilities to assist the CITY in ameliorating
such incidents. Any such use of the trolley vehicles for emergency response purposes must
be pre-approved by the Office of Transportation of the CITY and said approval must be
secured in writing. To the extent the CITY requires the CONTRACTOR to provide such
emergency services, the CONTRACTOR shall be relieved of the obligation to fulfill the duties
and responsibilities of operating the current or any future trolley operations which may be
established herein. Further, the CONTRACTOR shall be entitled to be paid reasonable
compensation for providing such emergency services and facilities, provided however, that
the amount of such compensation and time of its payment shall be mutually agreed upon by
the CONTRACTOR and the CITY prior to the conclusion of the emergency or disaster, or at
such other time as they may mutually agree upon.
16. VEHICLE FACILITIES. Prior to signing an Agreement with the CONTRACTOR, the CITY
reserves the right to inspect the CONTRACTOR's maintenance facility. The facility shall have
features, including but not limited to:
a. A dispatch room and supervisor station;
b. Facility for maintenance of the vehicles;
c. Storage for the CONTRACTOR's vehicle maintenance equipment (including cleaning
supplies and spare parts);
d. Security for the trolley vehicles.
17. EQUIPMENT. CONTRACTOR's vehicles shall meet all specifications set forth in Table 1 and
composite Figure 2a, 2b, 3a, and 3b attached hereto, for the high-floor trolley vehicles; all
specifications set forth in composite Table 2, attached hereto, for the fourteen (14) new
modified high-floor trolley vehicles;and all specifications set forth in composite Table 3 hereto,
for the low-floor trolley vehicles. Transit vehicles must meet the requirements of Florida
Administrative Code 14-90 (i.e. passenger door mirror height, etc.). The System fleet must
meet all local, state and federal requirements as applicable to public Transit vehicles.
Vehicles shall be furnished with advertisement space in the interior, for use exclusively by the
CITY, in addition to space for route specific information (Map Frame and Brochure Area).
The CITY shall inspect and approve vehicles and equipment prior to the CONTRACTOR
beginning service (CITY's acceptance).
All vehicles shall be equipped with video surveillance system with capabilities of live feed,
recording audio and video and storing recorded data for a minimum of three (3) weeks. The
CONTRACTOR shall train all road supervisors and develop procedures on how to retrieve
data from the surveillance equipment in the vehicles and on how to upload the videos to their
office computers. Should an event occur, where surveillance data is required, the
CONTRACTOR shall provide the video output to the Transportation Operations Supervisor of
the CITY via email within 24 hours.
Page 16 of 23
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 of the
vehicles daily by picking up all litter, sweeping the floor, and cleaning the windows if
required. CONTRACTOR shall clean all interior items including seats, handrails, and
windows weekly as to maintain a clean vehicle. CONTRACTOR shall perform a
detailed interior clean at least twice a month. During this clean, CONTRACTOR shall
remove as many gums and stains as possible from the interior of vehicle. The
CONTRACTOR shall provide a monthly schedule of the cleanings of the vehicles on
the 1st of every month. The CITY reserves the right to request, in writing, the
replacement of any vehicle, which in the Transportation Operation Supervisor's
reasonable discretion is in poor interior or exterior aesthetic condition.
CONTRACTOR shall complete a requested replacement within two (2) hours.
ALL operating vehicles shall be scented with products approved by the CITY(at least
twice a week). The interior passenger compartment shall be free of roaches and other
insects or vermin as well as noxious odors from cleaning products. CONTRACTOR
shall remove all graffiti from the exterior and interior of the vehicles immediately or as
soon as it is practical, but no later than the start of the next day's service. If the graffiti
is offensive or vulgar and cannot be removed, that vehicle shall be taken out of service
immediately and not be placed back in service until the offensive graffiti is removed.
b. Vehicle Cleaning, Safety Guidelines and Precautions in Response to Covid-19
(Corona Virus).
Commencing as of the Effective Date of Amendment No. 10, and in addition to the
requirements set forth in the preceding Subsection (a), CONTRACTOR shall be
responsible for providing its agents, staff, employees, and independent contractors
who perform Services on behalf of CONTRACTOR under this Agreement with all
personal protective equipment such as gloves, masks, face shields, hand sanitizers,
etc., and ensure use of such equipment by its agents, staff, employees, and
indeperlident contractors who perform Services under this Agreement, particularly
those who come in close contact with public.
The CONTRACTOR shall 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.
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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 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 vehicles.
CONTRACTOR shall maintain daily logs for tracking product use. The CONTRACTOR
shall provide a dedicated area for product storage within its facility preferably in
location equipped with security cameras.
The CITY reserves the right to conduct monitoring of the service with goal of ensuring
CONTRACTOR and its staff perform vehicle disinfection in accordance to the
frequency and guidance provided by the CITY, provide hand sanitizing solution for use
by passengers and operators are using personal protective equipment as directed.
To ensure the safety of our operators and passengers aboard the City of Miami
Beach trolley, the following precautions shall be followed, as warranted:
• CONTRACTOR is required to conduct daily health screening check point, including
taking employee temperature, and maintaining log of all employees entering the
workplace
• CONTRACTOR shall encourage sick employees to stay home
• CONTRACTOR shall provide employees with where to find accurate information
about COVID-19, its symptoms, and how it spreads
• CONTRACTOR shall provide to, and require from, each operator to wear face
masks. Clear face shield for protection may be required in tandem with masks
• CONTRACTOR shall educate operators to avoid close contact with customers by:
• Keeping a distance of at least 6 feet from customers
• Kindly asking customers to handle their own personal bags and belongings during
pick-up and drop-off, unless passengers are unable to do so without assistance
• CONTRACTOR shall educate operators to avoid using the recirculated air option
for the vehicle HVAC system
• To provide for social distancing, vehicle capacity may be limited, as directed by
the CITY
• Passengers are required to wear a facial mask or a facial covering at all times, as
directed by the CITY
• Passengers are to follow social distancing by sitting or standing 6' apart including
when waiting to board, boarding and disembarking vehicles. Operators are
required to kindly ask riders to follow 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
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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 for
operation of the Service ("Standard Operating Procedures"). Any changes after award of
Agreement must be approved by the CITY in advance. These Standard Operating
Procedures shall include, but not be limited to, the following:
1. Procedures for notifying CITY of service delays and interruptions.
2. A list of names and phone numbers of contact persons who can make operating
decisions and can be reached immediately.
3. Accident review procedures and Operator corrective processes.
4. Radio check-in and coordination procedures for maintaining vehicle headways,
including procedures for GPS/Automated Vehicle Location reporting.
5. Description of Operator training (including hospitality and courtesy ("Ambassador")
training).
6. Procedures for operating vehicles and providing service, including procedures to
insure that stop announcements are made by bus operators.
7. Procedures for daily servicing.
8. Procedures for dispatching vehicles to achieve balanced accumulation of mileage for
each vehicle in the fleet and accomplish required Service and maintenance.
9. Contingency plan for emergencies such as accident,fire, mechanical failure, inclement
weather, and criminal activity.
10. Procedures for the handling of public and internal comments and complaints.
11. Operator safety, recognition and rewards program, and disciplinary procedures for the
Operator misconduct. Special attention should be paid to an incentive program for
front line employees who provide excellent customer service.
12. Customer service guidelines, employee standards of conduct.
13. Supervision, with sufficient supervisory level personnel to respond to service
problems, monitor performance schedules and procedures, and enable operators to
communicate with the base office, during all Hours of Operation.
14. Drug and Alcohol Testing program pursuant to Section 440.102, Florida Statutes. A
description of this program shall be submitted upon execution of this Agreement.
b. Additional Operating Procedures. The CONTRACTOR will observe all safety rules and
other requirements of regulatory bodies having jurisdiction over the Service Area and
operate the vehicles with the highest regard for all aspects of safety.
1. The CONTRACTOR will not use or allow the Vehicles to be used for any illegal
purpose. •
2. The vehicles shall not be used for towing, pushing or any purpose other than the
transportation of passengers.
3. The CONTRACTOR shall not overload the vehicles beyond their specified carrying
capacity nor operate a vehicle in an unsafe manner.
4. No other use may be made of the vehicles dedicated to the CITY except as specifically
authorized in writing by the CITY.
5. All Vehicles shall operate with headlights and taillights turned on while in service.
6. CITY will designate specific bus stops along the routes described herein. Passengers
shall be picked up and discharged only at these designated bus stops. Four-way
flashers shall be used whenever the vehicle is stopped to load or unload passengers.
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7. Service shall be provided to all orderly persons who pay the proper fare(if applicable)
and comply with passenger conduct rules and regulations established by the CITY.
The CONTRACTOR shall not discriminate against any passenger or prospective
passenger because of race, color, national origin, sex, age, disability, religion,
income or familial status. Additionally, CONTRACTOR shall comply with City of
Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as
may be amended from time to time, prohibiting discrimination in employment,
housing, public accommodations, or public services, on the basis of actual or
perceived race, color, national origin, religion, sex, intersexuality, sexual orientation,
gender identity, familial and marital status, age, ancestry, height, weight, domestic
partner status, labor organization membership, familial situation, political affiliation,
or disability.
8. Mobility impaired passengers shall be assisted, as necessary, from the curbside to
a secured position on the vehicle while boarding, or in reverse while alighting the
vehicle. An Operator shall not provide assistance to a mobility-impaired passenger
beyond the curbside. No assistance shall be required of an Operator, other than as
specified above, if it necessitates leaving the driving position.
20. INITIAL VEHICLE INSPECTION. The CITY reserves the right to inspect any vehicle to be
used as part of the proposed transit service. Should a vehicle be found to fail to comply with
the specifications included herein, the CONTRACTOR shall be responsible for performing
modifications to the vehicle until acceptable, and within (5) business days after notified in
writing by the CITY.
21. FINES OR OTHER CHARGES. If the fines or other charges for which the CONTRACTOR is
responsible are levied, assessed, charged or imposed against the CITY, the CITY will notify
the CONTRACTOR in writing of this fact. The CITY may pay any fine or their charge, whether
levied, assessed, charged, or imposed against the CITY for the CONTRACTOR. In the event
payment is made by the CITY, the CONTRACTOR will reimburse the CITY within seven (7)
calendar days after receipt of an invoice. Failure to make such reimbursement when due may,
at the option of the CITY, be deemed a default under the Agreement or be recouped from any
payments due to the CONTRACTOR.
The CONTRACTOR shall be liable for any penalties imposed on the CITY by local, state, and
federal agencies due to the CONTRACTOR's failure to obtain the proper vehicle licenses or
maintain vehicles in accordance with local, state, and federal regulations. In addition, the
CONTRACTOR shall be responsible for fees listed in Exhibit C "Performance Penalties" as
applicable. Services shall be managed by the CONTRACTOR in accordance with the
guidelines and parameters established herein and the attachments hereto.
22. REPAIRS
a. General Repairs. CONTRACTOR shall provide as required all general repairs to vehicles
provided by this Agreement. This includes replacement of items that are or appear to be
worn out.
b. Mechanical and Body Repairs. Within two (2) days (unless parts have to be ordered) of
learning of damage or the need for any repairs, the CONTRACTOR will complete or cause
to have completed all mechanical repairs found necessary to maintain the function of all
components and features of the vehicles unless otherwise directed in writing by the CITY.
1. Body and frame repairs, inclusive of necessary painting,will be inspected and certified
in writing as completed by the garage performing the work prior to returning the vehicle
to service.
Page 20 of 23
2. Minor body damage repairs shall be repaired as soon as possible, but not to exceed
two (2)weeks, subject to the availability of OEM parts when needed.
3. Major body damage shall be repaired before returning the vehicle to service, not to
exceed five (5) weeks out of service, subject to the availability of OEM parts when
needed.
4. Repairs to non-working items that relate to safety shall be completed prior to returning
the vehicle to service. Failure of safety related items on a vehicle while performing
service shall require immediate removal of the vehicle from service for repair. These
items shall include legally required lights, working brakes, tire tread depth or condition
or any other mechanical condition that may have an effect on continued safe operation
of a vehicle.
5. The CONTRACTOR shall be responsible for providing any towing services necessary
to complete repairs required. Such services shall be done in a safe manner that will
not cause damage to the vehicle, its structure or components.
23.VEHICLE RECORDS. The CONTRACTOR shall provide Monthly Summary Reports to the
Transportation Operations Supervisor of the CITY in conjunction with submittal of its monthly
invoices for payment. The format to be used for operating reports and monthly summaries
shall be developed by the CONTRACTOR and approved by the Transportation Operations
Supervisor of the CITY. Said monthly reports shall be submitted no later than the 15th calendar
day of the following month, as part of CONTRACTOR'S invoices for payment. Monthly report
figures shall coincide with daily trip sheet totals for the month and shall be broken down on a
weekly basis (from Sunday to Saturday). The CONTRACTOR shall certify as accurate all
information given to the CITY.
24. DAILY RECORDS/REPORTS.
a. Telephone/E-mail Report: The CITY shall be notified via e-mail or via phone, promptly
followed by an e-mail to the CITY's Transportation Operations Supervisor, as to any
change of vehicle and/or driver, special runs, interruption of service due to inclement
weather, out-of-service vehicles, emergencies and accidents. Field supervisors,
dispatchers and general managers shall provide immediate notice to the Transportation
Operations Supervisor of the CITY after any of the above-mentioned events.
b. Upon notifying the CITY of an interruption in service due to any of the above-mentioned
events, the CONTRACTOR's manager or field supervisor shall notify the CITY in writing,
via e-mail to the CITY's Transportation Operations Supervisor. CONTRACTOR shall
report time and date vehicle went in/out of service.
c. Daily driver logs will be used by each shift of operators, a copy of which is to be submitted
to the CITY on a weekly basis. The log is the source document for use in determining the
total miles, number of passengers (manually counted) and passenger categories. Missed
miles and missed trips will be determined from the log by comparing actual daily miles
entered into the log against predetermined daily total miles for each vehicle.
d. Daily dispatcher logs shall include, but not be limited to, the following information: number
of incoming calls, type of information requested (restaurants, shops, entertainment, fares,
schedule, stop locations, etc.).
e. Fare box revenue (if applicable)shall be recorded daily and a copy submitted to the CITY
with the Monthly Summary Report.
25. MONTHLY SUMMARY REPORTS. The CONTRACTOR shall prepare and submit to the
Transportation Operations Supervisor of the CITY a monthly summary report within fifteen
(15) calendar days after the end of the operating month, which shall be submitted along with
CONTRACTOR'S invoices for payment (as one of the required documents thereto). Monthly
Page 21 of 23
Summary Reports shall include, but not be limited to:
a. Vehicle Total service hours and Miles: Monthly report figures shall coincide with daily trip
sheet totals for the month, by Route.
b. Total Ridership: Monthly totals of the number of passengers carried, by Route.
c. Total Passenger Revenue Summary (if applicable): Amount of fares/coupons collected,
by Route.
d. Service Break Summary: vehicle out-of-service, operational problems, breakdowns,
missed trips and delays over fifteen (15) minutes.
e. Complaints and Compliments: passenger complaints and compliments collected by the
CITY and description of any action taken regarding complaints. Passenger complaints
related to safety or serious operational deficiencies shall be reported to the
CONTRACTOR by the CITY no later than the next workday following the CITY's receipt
of complaint.
f. Vehicle Condition Summary: mileage(month, year to date,total),fuel and oil consumption
(miles per unit), accidents, preventive maintenance and inspection program (actual vs.
program), summary of major component rebuilding/repairs made, by vehicle.
g. Equipment Status Summary: all other CITY-owned equipment.
h. General Summary: all other issues, evaluations, suggestions for improvements.
i. Pass and Ticket Sales Report (if applicable): number of tickets and passes sold by each
vendor over the last month.
j. Reports for the Trolley Circulator Service shall be detailed by day and tabulated for the
month.
k. The Summary Report shall also include a recap of the service, summary statistics for
current month, year-to-date, same month last year(when applicable)and percent change
from last year for total system (if applicable). Spreadsheet type graph(s) of trends in
ridership, passengers per vehicle hour, and service quality measures shall be developed.
It shall also include problems with service/personnel/accidents, and solutions proposed
for the problems.
26. YEARLY SUMMARY REPORTS. Yearly Summary Report for Trolley Circulator Service shall
include, but not be limited to, miles, hours, passengers and costs itemized by month for each
service, including fare box collections (if applicable).
27. SUBMISSION OF INVOICES. Invoices and supporting documents for Services (or portions
thereof) satisfactorily rendered for the previous month, shall be submitted by the 15th day of
each month to the Transportation Department (Attention: Transportation Operations
Supervisor), 1688 Meridian Avenue, suite#801, Miami Beach, FL 33139, unless changed by
notice in writing by the CITY. Upon verification of the accuracy and completeness of the
invoice and supporting documentation by the Transportation Operations Supervisor, the
invoice shall be forwarded for payment approval to the CITY.
a. Itemized monthly invoice. The CONTRACTOR shall submit, with the Monthly Summary
Report, an itemized monthly invoice to the CITY for the Services, or portions thereof,
rendered during the reporting period. Both the monthly invoice and the summary report
shall be received by the 15th day of the subsequent month. The itemized invoice shall
follow a format approved by the CITY.
b. Net amount due. The charge for trolley service minus the time scheduled vehicles were
out of service shall be submitted as the amount due the CONTRACTOR. The CITY
imposed Performance Penalties, if any, shall be deducted from this amount.
c. Debits and credits. The itemized invoice shall be supported by documents (in excel and
pdf format as approved by the CITY previous to launch date)the documents shall include
corresponding service hours, ridership, service miles, vehicle Ds as may be required by
Page 22 of 23
the CITY to establish that the amounts are allowable. Debits and credits shall be itemized
so that the total required has an understandable base. Debits would include actual working
days total per vehicle by hours, costs for extra runs beyond normal schedules (specify
use, dates, and hours), and/or costs for extra operating hours caused by daylight savings
time adjustments. Credits should be shown for out of service hours per vehicle.
d. Open records. All invoices and related records will be available for inspection and/or
independent audit at the election of the CITY.
e. An excel version of the invoice, in addition to a signed hard copy, shall be provided to the
CITY for data management purposes.
28. E-VERIFY
The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify employment eligibility of all new employees hired by the CONTRACTOR. It is the
responsibility of the CONTRACTOR to ensure compliance with E-Verify requirements. The
CONTRACTOR shall retain the 1-9 Forms for inspection.
Page 23 of 23
EXHIBIT C
PERFORMANCE PENALTIES
CONTRACTOR acknowledges that time is of the essence with respect to CONTRACTOR's
timely and continuous performance of the Services, and that upon failure of CONTRACTOR at
any time during the Term to perform the Services within any time periods specified under this
Agreement (including, without limitation, failing to timely and continuously comply with the
required schedules and hours of operation for the Project), CONTRACTOR shall pay to the
CITY the sums specifically set forth herein. Performance Penalties are hereby fixed and agreed
upon between the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by the CITY as a consequence of the CONTRACTOR's failure
to meet the minimum performance standards set forth in this Agreement and the resulting
deterioration in service, and both parties desiring to obviate any question of dispute concerning
the amounts of said damages. The CITY shall have the right to deduct from and retain out of
moneys which may be then due (or which may become due and payable), to CONTRACTOR,
the amount of such Performance Penalties, and the CONTRACTOR shall pay in full such
Performance Penalties.
Upon determination by the CITY of a failure to meet an established performance measure, a
written notification will be delivered to the CONTRACTOR's home office via email, with a copy
to its local Project Manager at the time of invoice processing for services provided.
Performance Penalties will not be applied without the CONTRACTOR receiving a written notice
specifying the issue and detailing the time and nature of the occurrence. The CONTRACTOR
shall take all reasonable actions requested by the CITY to promptly correct any deficiencies in
performance.
In the event that the CONTRACTOR fails to meet any performance standard established under
this Agreement, adjustments in the CITY payment to the CONTRACTOR will be made as
described below. The cumulative amount paid by the CONTRACTOR for performance
penalties shall not exceed $1,500 per day (based on a cumulative total of twenty-five
vehicles in operation per day (all loops in operation)). For the reduced service levels, the
cumulative amount paid by the CONTRACTOR for performance penalties shall not
exceed $60 per day per vehicle. For example, if service is operated with 15 vehicles, the
cumulative amount paid by the CONTRACTOR for performance penalties shall not
exceed $900 per day.
1. Uniforms:
• $50 per recorded event (first event)
• $100 per recorded event(any event thereafter within a one-month period)
• Drivers shall be properly uniformed and groomed, 100% of the time. Drivers shall
always wear the CITY approved uniform
2. Service Interruption Reporting Requirements (failure to submit clear and accurate
written reports within 24 hours after a service interruption occurs):
• $250 per recorded omission (Any case in excess of one report omission per month)
3. Monthly Reporting Requirements [failure to submit clear and accurate monthly
reports (including but not limited to Ridership Reports, Service Miles Reports and
Service Hours Reports):
• $250 per recorded omission (Any case in excess of one event per year)
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4. Graffiti/Tagging:
• $100 per recorded event(Any case in excess of twenty-four hours of reported issues
being unresolved)
5. GPS Malfunction or Omission:
• $200 per recorded event (Any case in excess of one day without tracking services per
month, unless due to a major natural disaster/emergency)
6. Wi-Fi Malfunction or omission:
• $200 per recorded event (Any case in excess of one day without tracking services per
month, unless due to a major natural disaster/emergency)
7. Two-Way Radio Malfunction or omission:
• $250 per recorded event (Any case in excess of one driver shift (AM or PM) without
radio communication between drivers per month)
8. Surveillance Cameras Malfunction:
• $100 per recorded event (Any case in excess of one day without video surveillance or
one failure to provide video feedback within 24 hours of request per month, unless due
to a major natural disaster/emergency)
9. Sanitation:
• $100 per recorded event (Any case in excess of one event per month)
10. Safety:
• $100 per recorded event (Any case in excess of one traffic citation)
• CONTRACTOR shall report all traffic citation incidents within three (3) days of citation
date. Failure to report citations to the CITY shall result in doubling the penalty amount to
$200 for each citation that is not reported on a timely basis.
11. Reliability:
• 85% on-time performance/headway regularity goal for routes operating headways of 20
minutes or less and 80% for routes operating headways of more than 20 minutes. In the
case of headway-based service, headways that are 5 minutes longer than average
headway goal to any pre-determined stop location mutually agreed between the
CONTRACTOR and the CITY would be non-compliant. In the 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 time will
be treated as early and any departure more than 4 minutes behind the scheduled
departure time will be treated as late departure, 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
similar events which are out of the reasonable control of the CONTRACTOR, the
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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
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/service OTP/headway
Route/Loop Name vehicles in min late arrival/departure
frequency goal(min) regularity goal
service to/from the stop
South Beach Loop A 5 13 18 85%
3 22 27 80%
South Beach Loop B 5 16 21 85%
• 4.._ 24. :25
3 26 31 80%
85%
Middle Beach Loop 4 20 25
3 . 26_.. 31 80%
7 13 18
85%
Collins Express 5 18 23
4 _` 23 ..
f. 28 • 80%
3 30 35
4 15 • 20 85%
North Beach Loop 3 20 25
i•. 2. ''. .` ' 30 ..` 35s 80%
Average headways and associated headway goals allowing for 5-min buffer that may not be
covered in the table above will be calculated and applied using the same methodology in which
route length, average operating speed and number of vehicles in service yields average
headways.
To meet the specified OTP/headway regularity goal when providing headway-based service, the
CONTRACTOR shall provide service to all pre-selected stops mutually agreed between the
CITY and the CONTRACTOR by arriving no more than 5 minutes late as compared to the
average headway goal for the given route. For example, for the South Beach Loop A, in case of
4 vehicles in service, the CONTRACTOR shall arrive at all pre-selected stops along the route
within 21 minutes (16-minute headway+ 5 minutes late) 85% of the time.
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
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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 regularity standard (48) and the
actual number of visits within headway goal (47) results in 1 event that doesn't meet
OTP/headway regularity goal. Exhibit C of the Agreement stipulates $100 for each event that
doesn't meet service reliability goal. The amount of penalties associated with this example
would be one (1) event * $100 = $100. The same methodology for calculating OTP/headway
regularity would be used in case alternative technology is installed/utilized in lieu of ISO Mobile.
In case of events which have a material impact upon traffic flow and headway performance of
the trolley service, which are not part of regular reoccurring traffic congestion, such as
roadway construction projects, long lasting lane closures, detours, vehicle cleaning in
response to COVID-19 pandemic, staff shortages associated with COVID-19 pandemic or
other similar events which are out of the reasonable control of vendor, the vendor shall notify
the CITY of occurrence of such event and the CITY will use discretion when evaluating
impacts of such conditions on service reliability. For example, if the Collins Express operates
with 6 vehicles, to meet the specified OTP/headway regularity goal the CONTRACTOR shall
arrive at all pre-selected stops along the route within 20 minutes (15-minute headway + 5
minutes late) 85% of the time. If, at the end of the month, the CITY determines that, due to
qualified event (such is, for example, a detour associated with construction project along Collins
Express route) achieved average headways over the month period were 15% or higher as
compared to average headway goal during normal conditions, achieved average headways may
be used for evaluation of OTP/headway regularity of the route for that month. In this particular
case, that would mean that instead of using of(15-minute headway + 5 minutes late) 85% of the
time, the CITY may use 17-minutes headway + 5 minute late when evaluating OTP/headway
regularity of this route for this month. Similarly, if the achieved average headways along this
route due to qualified event, for the above example, were 19 minutes, the CITY may be using
19-minute + 5 minutes when evaluating OTP/headway regularity of this route for that month.
As part of Amendment No. 12 to the Agreement, the CITY approved use of Swiftly, Inc.
services by the CONTRACTOR through the end of the contract term, at no cost to the
CITY, as an additional vendor for monitoring, analyzing and managing system
performance. Swiftly'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
of departures that occurred within set definitions of"late," and "early." Additionally, Swiftly's web-
based headways module allows for analysis/reporting of various frequency-related metrics
including Headway bunching and gapping, where headway performance is defined by the
percentage of departures that occurred within set definitions of "expected," "bunched," and
"gapped."
At the discretion of the City Manager or City Manager's designee, the CONTRACTOR will be
permitted to operate a schedule-based service, as an alternative to headways-based service. All
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schedules are subject to the CITY's review and approval. Any changes in service level or
service span will require the development of new schedules by the CONTRACTOR and will be
subject 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. Pursuant to the mutual
agreement of the CITY and CONTRACTOR, or at the sole discretion of the City Manager or City
Manager's designee, the operation could change from schedule-based to headways-based
service or vice-versa.
In the case of approved 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 time will be treated as early and any departure more than 4 minutes
behind the scheduled departure time will be treated as late departure, thus non-complaint.
OTP/headway regularity of each individual route will be evaluated by the CITY and associated
reliability related penalties as stipulated in Exhibit C of the Agreement will be calculated and
assessed by the City on a monthly basis.
Page 3 of 3
EXHIBIT G
OPERATING SCHEDULE(S)
EXHIBIT H
FEMA PROVISIONS FOR CONTRACTS
H1. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
H2. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
H3. SUSPENSION AND DEBARMENT CERTIFICATION FORM
Page 1 of 10
Exhibit H to Agreement
Exhibit H-1
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
The following provisions shall be applicable to all work performed pursuant to the Contract and shall
supersede any conflicting provisions contained elsewhere.
A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified
acquisition threshold, currently$150,000, the following provisions shall apply:
(1) Disputes and Remedies - Disputes arising in the performance of this Contract which are
not resolved by the Contractor and the City's project manager or contractor manager, shall be
referred, in writing, to the authorized representative of the City Mayor for a decision. If there
• is a disagreement among the parties regarding the decision of the City Mayor's representative,
then either party may submit any claim, counterclaim, dispute and other matters in question
between the City and the Contractor arising out of or relating to this Contract or its breach to
a court of competent jurisdiction within The City of Miami Beach.
(2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
(3) Claims for Damages-Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefore shall be made in
writing to such other party within a reasonable time after the first observance of such injury of
damage.
B. TERMINATION FOR CONVENIENCE.
The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty
(30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional
costs under this Contract. The City shall be liable only for reasonable costs incurred by the Contractor
prior to notice of termination. The City shall be the sole judge of"reasonable costs."
C. DEFAULT; REMEDIES; TERMINATION FOR CAUSE
The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on
probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief
and specific performance, in the event the Contractor fails to perform in accordance with the terms
and conditions stated herein. Following breach of the Contract by the Contractor, the City shall
provide written notice specifying the breach to the Contractor and advising the Contractor that the
breach must be cured immediately or this Agreement may be terminated by the City. The City
reserves the right to avail itself of any and all remedies available at law or at equity, including claims
for damages and injunctive relief. The City further reserves the right to suspend or debar the
Contractor in accordance with the appropriate City ordinances, resolutions and/or
administrative/implementing orders. The vendor will be notified by letter of the City's intent to
terminate if, following the initial notice of breach, the Contractor fails to timely or adequately and to
the satisfaction of the City cure said breach. In the event of termination for default, the City may
procure the required goods and/or services from any source and use any method deemed in its best
interest. All re-procurement costs shall be borne by the terminated Contractor.
D. EQUAL EMPLOYMENT OPPORTUNITY
(1) In connection with the performance of this Contract, the Contractor shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex, age, disability,
ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. The
Contractor shall take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, color, sex, age, disability,
ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. Such
Page 2 of 10
Exhibit H to Agreement
action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeships. Contractor further agrees to
insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or
raw materials. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal
Opportunity clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each of Contractor's vendors and subcontractors. The Contractor will take such
action with respect to any subcontract or purchase order as the City may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
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Exhibit H to Agreement
E. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148) and COPELAND "ANTI-
KICKBACK"ACT(18 USC§40 U.S.C. 3145).The Davis-Bacon Act and the Copeland Anti-Kickback
Act only apply to the emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program, and Transit Security Grant Program. They do not apply to other FEMA grant
and cooperative agreement programs, including the Public Assistance Program. Accordingly, if
applicable to this Contract:
(1)All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include
a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
a) In accordance with the statute, and if applicable, the Contractor must pay all laborers and
mechanics employed or working upon the site of the work, unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account(except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant
to 29 CFR part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) at rates not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less
than once a week. The City will attach a copy of the current prevailing wage determination
issued by the Department of Labor to this form.
b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of
29 CFR§5.5; also, regular contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed,without regard to skill,
except as provided in 29 CFR§ 5.5(a)(4).
c) Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the
Davis—Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2)The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29
C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
Contractors and Subcontractors are prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts
the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to
include this clause in any lower tier subcontracts. The Contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause
may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor
as provided in 29 C.F.R. § 5.12.
F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962, 40 U.S.C. §§ 3702
AND 3704.
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Exhibit H to Agreement
If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours
and Safety Standards Act of 1962, 40 U.S.C. §§ 3702 and 3704, requiring that mechanics and
laborers (including watchmen and guards) employed on federally assisted contracts be paid wages
of not less than one and one-half times their basic wage rates for all hours worked in excess of forty
hours in a workweek. In the event of any violation of the preceding clause, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor
and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth herein, in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the'overtime wages required. The City shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The
Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F)
herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in herein.
G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD.
If the Federal award meets the definition of"funding agreement" under 37 CFR § 401.2 (a) and the
City wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement," the City must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL
WATER POLLUTION CONTROL ACT, as amended, 33 U.S.C. §§ 1251- 1387.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. and issued pursuant to the Federal Water Pollution Control Act, as amended, 33
USC §1251 et. seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure notification
to the City, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA.
I. ENERGY CONSERVATION.
Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.)and (42 U.S.C.
6201).
J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION.
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Exhibit H to Agreement
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the Contractor is required to verify that none of the Contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905)are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The
Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into. This certification is a material representation of fact relied upon
by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City,
the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The Contractor agrees to comply with the requirements of
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision
requiring such compliance in its lower tier covered transactions.
(2) By signing and submitting this form, the Contractor shall also execute and provide the City
with, and require all lower tiered contractors to also execute, the certification set out in
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower tier Covered Transaction"attached hereto. The Contractor shall require all lower tier
participants to agree that they: a. shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized in writing by the
City; and ii. they will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion", and the certification form, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions. The Contractor may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. The Contractor may decide the method and frequency by which it determines
the eligibility of its principals. The Contractor may, but is not required to check the Non-
procurement List issued by U.S. General Service Administration. Nothing contained in the
foregoing shall be construed to require establishment of system of records in order to
render in good faith the certification required by this clause.The knowledge and information
of the Contractor and any other participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a
lower tier .covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to all remedies available to the Federal
Government, the City may pursue available remedies including suspension and/or debarment.
K. BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS.
Contractors who apply or bid for or have received an award of$100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
L. RECYCLEDPRODUCTS/RECOVERED MATERIALS
The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962),
Page 6 of 10
Exhibit H to Agreement
including but not limited to,the regulatory provisions of 40 CFR Part 247, and Executive Order 12873,
as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.AII goods
and/or services to be purchased as a result of any award under this Contract shall be in accordance
with all applicable governmental standards, including, but not limited to those issued by the
Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards
(NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the
Contractor and vendors to be regularly informed to conform to any changes in standards issued by
any regulatory agencies that govern the commodities or services applicable to this solicitation, during
the term of any contract resulting from this solicitation. In the performance of this Contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the contract performance
schedule;
(2) Meeting Contract performance requirements; or(3)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/regulatory- background-comprehensive-procurement-guideline-
program-cpg.
M. CONTRACTING WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS, C.F.R. § 200.321(G).
Pursuant to C.F.R.200.321 (g),the City will take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of
Commerce; an
(6) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed
in paragraphs (1) through (5) above.
N. ACCESS TO RECORDS. In addition to the provisions contained in the Contract, the following
access to records requirements apply to this Contract:
(1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this Contract for the purposes
of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
Contract.
Page 7 of 10
Exhibit H to Agreement
O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The
Contractor hereby acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims
and Statements) applies to the Contractor's actions pertaining to the Contract.
P. DHS SEAL, LOGO,AND FLAGS. The Contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract.
The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
R. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Contract and is not subject to any obligations or
liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting
from the Contract.
S. CHANGES
The Contract may be modified by mutual consent, in writing through the issuance of a modification to
the Contract.
T. INDEMNIFICATION
For any work performed on Federally funded projects, the Contractor agrees to indemnify and hold
harmless the Federal Government, its employees and/or contractors, the County, its employees
and/or contractors, and the City and its employees and/or contractors from liability to third parties for
claims asserted under the contract.
U. E-VERIFY. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor during the
term of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
V. BOND REQUIREMENTS (2 CFR §200.325). Notwithstanding Florida law or City practice, at a
minimum for construction or facility improvement contracts or subcontracts exceeding the
Simplified Acquisition Threshold (currently$150,000), the following requirements must be met:
A. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid
guarantee" must consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price.
C. A payment bond on the part of the contractor for 100 percent of the contract price.
Page 8of10
Exhibit H to Agreement
Exhibit H-2
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for
Contracts, Grants, Loans, and Cooperative Agreements
The Contractor certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The Contractor shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The Contractor = -' '-s or affirms the truthfulness and accuracy of each statement of its certification
and disclos e, if any. -- ion, the Contractor understands and agrees that the provisions of 31
U.S.C. § 3:11 et se,•• y to this certification and disclosure, if any.
Contractor: '� Authorized Representative (Name):
Date Signe.) Authorized Representative (Signature):
/r/27/
Page 9 of 10
Exhibit H to Agreement
Exhibit H-3
SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R.
§ 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
(3)This certification is a material representation of fact relied upon by the City. If it is later determined
that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
in addition to remedies available to the City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
(4)The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise
from this offer. The Contractor further agrees to include a provision requiring such compliance in its
lower tier covered transactions."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and
Debarment Certific. ion.
Contractor: Of Authorized Representative (Name):
Date . _ -:: 1illt— Authorized Representative (Signature):
Vit -Ya
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