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HomeMy WebLinkAboutResolution 2025-33960RESOLUTION NO. 2025-33960 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN AGREEMENT BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC. PURSUANT TO INVITATION TO NEGOTIATE (ITN) 2024-008-ND FOR MUNICIPAL CIRCULATOR SERVICES; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, on February 21, 2024, the Mayor and City Commission approved the issuance of the Invitation to Negotiate (ITN) No. 2024-008-ND for Municipal Circulator Services (the "ITN"); and WHEREAS, on May 17, 2024, the City received a total of 7 proposals; and WHEREAS, on May 23, 2024, The City Manager, via Letter to Commission No. 196-2024, appointed an Evaluation Committee; and WHEREAS, the Evaluation Committee convened on May 24, 2024 to review and score the proposals; and WHEREAS, the Evaluation Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the ITN; and WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as follows: WeDriveU, Inc., as the top -ranked proposer; Limousines of South Florida, Inc. ("LSF") and MV Transportation, Inc., as the tied second -ranked proposers; Academy Bus LLC, as the fourth -ranked proposer; River North Transit LLC, as the fifth -ranked proposer; Befree, LLC D/B/A Freebee and Circuit Transit Inc., as the tied sixth -ranked proposers; and WHEREAS, on June 26, 2024, via Resolution 2024-33084, the Mayor and City Commission authorized the Administration to enter into simultaneous negotiations with WeDriveU, Inc., the top -ranked proposer, and LSF and MV Transportation, Inc., the tied second - ranked proposers, providing that the final selection and negotiated agreement(s) be subject to the prior advisory review of the Finance and Economic Resiliency Committee ("FERC") and the approval of the Mayor and City Commission; and WHEREAS, following extensive research and negotiations, and review of each vendor's proposal, transition plan, facility readiness, vehicle pricing, and overall cost -efficiency, LSF's proposal offered the lowest pricing and clear operational and logistical advantages; and WHEREAS, at the July 16, 2025 FERC meeting, the Administration presented its recommendation to award the contract to LSF for the operation of the City's municipal circulator services, and based on the Administration's analysis of the emissions data, design considerations, and total cost, to approve the 40-foot Clean Diesel Gillig Low -Floor Trolley with dual doors as the vehicle type for the municipal circulator services; and WHEREAS, following the presentation at the June 16, 2025 FERC meeting, the Committee requested that the Administration: 1) conduct further research into the emissions analysis; 2) consider the potential of having a mixed fleet of diesel and electric vehicles; 3) explore ways of maximizing advertising revenues; 4) further analyze the branding and vehicle design options with a focus on reducing cost; and 5) return to the September FERC meeting with an update; and WHEREAS, at the September 26, 2025 FERC meeting, the Administration presented its findings and provided updates on each of the recommended areas, including: Emissions Analysis: City staff conducted an independent review of the emissions data previously presented by the vehicle manufacturer (Gillig) and the City's Environment & Sustainability (E&S) Department reviewed the raw data provided by the City and modeling results provided by Gillig to evaluate accuracy and applicability to the City's transit operations, finding that the magnitude of the reductions reported to the FERC in July, as presented in the Gillig report, were overstated, in that the Gillig report used a baseline for fuel efficiency of 3.75 mpg, when the actual fuel efficiency range of the City's existing trolley fleet is between 6.2 and 7.8 mpg; Operational Limitations of EVs: While electric vehicles ("EVs") deliver the greatest emission benefits, the cost to operate EVs is nearly double the Clean Diesel Gillig hourly rate, in that, the charge for EVs will not last a full 12-15 hours daily, requiring redundant vehicles to maintain current service levels, while maintaining a 20% spare ratio requirement; and charging infrastructure represents an additional cost and space challenge, as each charging station supports only two (2) EVs; and a phased approach, introducing a limited number of EVs in the fleet, while using the Clean Diesel Gillig for the majority of the fleet is technically feasible but carries significant financial impact under current technology and cost assumptions; • Advertising: Based on current levels of trolley exterior wrap advertising, the City receives approximately $180,000 annually in revenue. With the inclusion of interior advertising, total revenues are projected to modestly increase; Branding and Vehicle Design: The difference between the trolley package, which includes a cupola roof, decorative trim, oak seating, and other design elements of a "vintage trolley" brand ("Trolley Package") vs the bus option, which will reduce the alignment to the City's established trolley identity, is approximately $500,000 annually, or approximately $4 million over the 7-year base contract term, attributable solely to the additional $150,000 per vehicle cost for the full Trolley Package ($120,000 for the trolley exterior package + $30,000 for the wooden seats); and • Budget: The proposed cost of the Administration's recommended vehicle (40-foot Clean Diesel Gillig Low -Floor Trolley with dual doors), at the proposed hourly rate of $127.99, based on the current level of service of 15 hours per day, represents a total annual cost to the City of approximately $14.7 million, which will exceed the City's current budget of approximately $9.3 million annually, resulting in a $5.4 million annual funding gap; and WHEREAS, at the September 26, 2025 FERC meeting, the Committee requested that the Administration further explore ways to increase advertising revenues and reduce the annual operating cost of the proposed municipal circulator services, and provide an update at the October FERC meeting; and WHEREAS, at the October 15, 2025 FERC meeting, the Administration presented several cost saving ideas for the City's new municipal circulator service; and WHEREAS, at that meeting, FERC passed a motion recommending that the Administration proceed with the following cost -saving measures: • Vehicle Type (Option 1): Proceed with a Gillig bus rather than a Gillig trolley vehicle type; • Service Hours (Option 2): Reduce daily service from 15 hours daily (8 a.m. to 11 p.m., 7 days per week) to 12 hours daily (8:00 a.m. to 8:00 p.m.), focusing on commuter demand; • Spare Vehicles (Option 3): Purchase only two (2) new spares while refurbishing three (3) vehicles from the current fleet; and • Vehicle Size (Option 4): Purchase 30-foot vehicles for the South Beach Loops A and B, Mid Beach Loop, and North Beach Loop, and 40-foot vehicles for the Collins Express (highest ridership route); and WHEREAS, as a result of the City staff's final negotiations with LSF, taking into account all feasible cost -saving measures as a unified package, LSF proposed a revised hourly rate of $137.17 for the combined Options 1-4, which equates to an annual operating cost of approximately $12.6 million, resulting in a total annual operating cost savings of approximately $2.1 million, rather than $3.3 million as referenced during the October 15, 2025 FERC discussion on this item, reflective of the consolidated annual operating cost of the options recommended by FERC rather than the cumulative sum of the individual cost -saving scenarios previously presented to FERC for comparative purposes; and WHEREAS, The Miami -Dade County Department of Transportation and Public Works ("County") has discretion to approve or deny any of the City's municipal circulator routes (current and proposed) based on their findings and recommendations, and is currently evaluating all municipal circulator services operating in Miami -Dade County, including the City of Miami Beach Trolley System, with the goal of eliminating duplication between the municipal circulator routes and County bus routes; and WHEREAS, execution of an Intergovernmental Agency Agreement (IAA) between the City and the County, subject to approval by both the Miami -Dade County Board of County Commissioners and the City Commission, is a pre -requisite for the operation of the City's new municipal circulator services, as the County retains jurisdictional authority over all transit services in Miami -Dade County, including within incorporated municipalities; and WHEREAS, in light of this pending negotiation with the County, the City will include a provision in the Agreement, permitting the City to terminate the order for any new vehicles prior to delivery ("Terminated Vehicles") without any penalty or liability; provided that the City provides LSF with notice of such termination within the six (6) month period following the date LSF places the purchase request/order (Purchase Order) for the Terminated Vehicles ("Order Termination Period"); however, in the event that the City terminates a new vehicle after the Order Termination Period, the City would be responsible for any portion of the 20% deposit for the Terminated Vehicle, to the extent the vehicle manufacturer ("Gillig") does not reimburse LSF or otherwise provides LSF with a credit against a vehicle order; and WHEREAS, in the City Commission Memorandum for the December 17, 2025 agenda, the Administration indicated its preference for the 40-foot Gillig Trolley with dual doors, maintaining the current service level (operating 15 hours daily from 8 a.m. to 11 p.m., 7 days per week); however, given the current budget constraints in the Transportation Fund, the Administration recommended that the Mayor and City Commission accept the recommendation of the FERC, at its October 15, 2025 meeting, and approve, in substantial form, the Agreement negotiated with Limousines of South Florida, Inc., pursuant to Invitation to Negotiate (ITN) 2024- 008-ND for Municipal Circulator Services in the City, a draft copy of which was attached to the City Commission Memorandum and which contained the following essential terms: • Contract Term: Initial Term of Seven (7) years with Three (3) renewal terms of one-year each, at the option of the City Manager, for a total of up to Ten (10) years; Routes (same as Current Service Level): The service areas shall include: one (1) route in the North Beach area (North Beach Loop); one (1) route in the Middle Beach area (Middle Beach Loop); South Beach Route consisting of two (2) bi-directional loops: 1) "Loop A" operating in a clockwise direction and 2) "Loop B" operating in a counter- clockwise direction; and one (1) route connecting the North, Middle and South Beach Loops (Collins Express); • Vehicle Type: 30-foot and 40-foot Clean Diesel Gillig Low -Floor Buses with dual doors; • Number of Vehicles (total and per route): Total of 21 vehicles in operation plus a 20% spare vehicle ratio equivalent to five (5) spare vehicles (for a total fleet of 26 vehicles). The North Beach Loop will have three (3) vehicles in operation; the Middle Beach Loop will have four (4) vehicles in operation; the South Beach Loops will have eight (8) vehicles in operation, and the Collins Express will have six (6) vehicles in operation; • Hours of Operation: Twelve (12) hours a day, from 8 a.m. to 8 p.m., seven (7) days a week, year-round; • Average Frequency of Service (Headways) (same as Current Service Level): Approximately 20 minutes; • Optional Vehicle Equipment and Technology: All service vehicles will be equipped with optional equipment, including but not limited to: Digital Destination Signs (interior and exterior); Automatic Passenger Counters (APC); Automated Voice Information Systems (AVIS); 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"); CCTV security cameras; and on -board TV monitor for advertising and public service announcements (PSAs); Performance Penalties (including Mystery Rider scores to ensure ambassador - style customer service): Performance penalties will be assessed as appropriate for various incidents and deficiencies, including, but not limited to, reported malfunctioning or damaged equipment or device(s) that is not properly repaired within a specified timeframe; reported graffiti on the interior or exterior of the service vehicles that is not removed within a specified timeframe; and reported damage to the interior or exterior of a service vehicle that is not repaired within a specified timeframe. Furthermore, if LSF receives a quarterly average Mystery Rider score above 1.5 in any of the following five (5) categories assessed: Safety, Reliability, Customer Service, Appearance/Cleanliness, and Maintenance, the City reserves the right to impose financial penalties. The City will provide LSF with the Mystery Rider Quarterly Reports within five (5) business days of receipt. LSF will have ten (10) business days to submit a Corrective Action Plan (CAP) addressing deficiencies. If no CAP is submitted or if corrective actions are not implemented within a specified timeframe, performance penalties will be assessed on the next monthly invoice; • Real -Time Trolley Tracker App Integrated in the Miami Beach Gov App: LSF will develop a user-friendly real-time trolley tracker mobile application for integration in the Miami Beach Gov mobile application that accurately depicts the location of each vehicle in service (in real-time) and an estimated time of arrival (ETA) for each trolley stop along each of the four (4) routes; • Special Event Service: At the sole discretion of the City, LSF will provide transportation services during special events (using the City's service vehicles or other transit vehicles available to LSF and approved by the City) at the corresponding negotiated hourly rate for the corresponding vehicle used; and Termination for Convenience: If the City terminates the Agreement for Convenience during the initial seven-year term, the City shall purchase the new vehicles from LSF for the price that is equal to the unamortized balance owed plus seven percent (7%) simple interest, amortized over a seven (7) year term; at the end of the initial term, the City shall have the option of securing the fully amortized New Vehicles by paying the tags and transfer fees and applicable taxes (if any); and WHEREAS, at the December 17, 2025 City Commission Meeting, the Mayor and City Commission approved the following modifications to the essential contract terms: Vehicle Type: 30-foot and 40-foot Clean Diesel Gillig Low -Floor Trolleys with dual doors: o seventeen (17) 30-foot Clean Diesel Low -Floor Gillig Trolleys; o six (6) 40-foot Clean Diesel Low -Floor Gillig Trolleys; and o three (3) refurbished low -floor Hometown Trolleys from the current fleet, to be used as spares on a last -resort basis; and Spare Vehicles: Purchase of only two (2) new spare vehicles and refurbish three (3) low - floor Hometown Trolleys from the current fleet, to be used as spares on a last -resort basis; and • Hours of Operation: Fifteen (15) hours per day, from 8:00 a.m. to 11:00 p.m., seven (7) days per week, year-round; and WHEREAS, based upon the above -referenced approved key terms, including a vehicle mix of 30 and 40 foot Trolleys, instead of all Trolleys being 40 feet; current level of service hours, and spare vehicle strategy, the negotiated hourly operating rate was reduced from $127.99 per hour to $124.19 per hour, resulting in an estimated annual operating cost of approximately $14.3 million, instead of $14.7 million; and WHEREAS, in addition, the Mayor and City Commission further approved the reallocation of any year-to-year surplus in Resort Tax revenues collected during major events, such as the FIFA World Cup and G20, Spring Break, Art Basel, Lummus Park pilot program, and other similar High Impact events to the City's Transportation Fund to support municipal circulator operations and other transportation -related services; apply surplus Resort Tax revenue from June/July and other incremental events as determined by the CFO and the City Manager; and allocate revenue from other additional events as recommended by the City Administration; and WHEREAS, the Mayor and City Commission referred to the FERC a discussion as to whether or not to proceed with OutFront Media Group, the current advertising company for the Trolley vehicles, or initiate of a procurement process for advertising on the Trolley vehicles, in order to defray some of the operating expenses under the new Agreement by maximizing advertising revenues to the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve, in substantial form, an Agreement between the City and Limousines of South Florida, Inc., pursuant to Invitation to Negotiate (ITN) 2024-008-ND for Municipal Circulator Services; further, authorize the City Manager to finalize the Agreement; and further authorize the City Manager and City Clerk to execute the Agreement. PASSED and ADOPTED this / 7 day of De'�-'0$ 0*'2025. "` Steven Meiner, Mayor ATTEST: ,JAN 14 2026 Rafael E. Granado, City Clerk JNCDRP�DAATED^'; APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION cl�_ — 1 I � City Attorne T_ Dote Procurement Requests - C2 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: December 17, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS OCTOBER 15, 2025 MEETING, AND APPROVING, IN SUBSTANTIAL FORM, AN AGREEMENT BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC. PURSUANT TO INVITATION TO NEGOTIATE (ITN) 2024-008-ND FOR MUNICIPAL CIRCULATOR SERVICES; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. (TRANSPORTATION AND MOBILITY) RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") adopt the Resolution. While the Administration recommends a 40-foot Gillig Trolley with dual doors and maintaining the Current Service Level (operating 15 hours daily from 8 a.m. to 11 p.m., 7 days per week), the Administration supports the following recommendations from the Finance and Economic Resiliency Committee ("FERC" or "Committee") to reduce the annual operating cost of the Municipal Circulator Services from $14.7M to $12.6M given the current budget constraints in the Transportation Fund: • Vehicle Type: Proceed with a Gillig Bus rather than a Gillig Trolley; • Service Hours: Reduce service from 15 hours daily (8 a.m. to 11 p.m., 7 days per week) to 12 hours daily (8:00 a.m. to 8:00 p.m.), focusing on commuter demand; • Spare Vehicles: Purchase only two (2) new spares while refurbishing three (3) vehicles from the City's current trolley fleet; and • Vehicle Size: Purchase 30-foot vehicles for the South Beach Loops A and B, Mid Beach Loop, and North Beach Loop, and 40-foot vehicles for the Collins Express (route with the highest ridership demand). Should additional funding be identified in the future, the Administration will prioritize increasing the service hours and acquiring additional vehicles to increase service frequency (i.e. reduce headways) and provide the highest level of reliable circulator service feasible within the available budget. As such, the Administration recommends that the City Commission adopt the Resolution approving, in substantial form, the material terms of an agreement with Limousines of South Florida ("LSF") pursuant to ITN 2024-008-ND for Municipal Circulator Services ("Agreement"), and furthermore, authorizing the City Manager to execute the Agreement (Attachment A). This solicitation is currently under the Cone of Silence. 192 of 3458 BACKGROUND/HISTORY At the April 30, 2014 City Commission meeting, the City Commission approved the award of a contract, pursuant to Invitation to Bid ("ITB") 2014-154-SR, to LSF for turnkey trolley operations and maintenance services. The original scope of work consisted of a fixed-route/fixed-schedule public transportation service to enhance mobility in the North Beach area of the City of Miami Beach ("City"). During the contract term, the scope of work was modified to include three (3) additional routes (Collins Express, Middle Beach Loop, and South Beach Loops). In add:1ion, the scope of work was modified to include optional technology equipment, including, but not limited to, automated audio/visual stop announcement equipment and TV monitors with the capability of displaying public advertisements. Since 2014, the City has had a turnkey contract with LSF for the operation, management, and maintenance of a fixed route/fixed schedule public transportation system consisting of Classic American trolley vehicles. Pursuant to the current contract, LSF provides the vehicles, drivers, fuel, maintenance, repairs, and insurances required for the provision of the services. Since its inception, the Miami Beach Trolley service has been and continues to be one of the most, if not the most, successful municipal circulator services in Miami -Dade County, with an annual ridership of approximately five (5) million passengers prior to the COVID pandemic and currently approximately 3.5 million passengers annually. In 2018, the Miami Beach Trolley service was rated the only 4-star (highest ranking) circulator service in Miami -Dade County by the Transit Alliance, a non-profit organization advocating for walkable streets, bikeable neighborhoods, and better public transit. The City's current fleet consists of 33 Hometown Trolley vehicles (12 low -floor vehicles and 21 high -floor vehicles), including spare vehicles. Prior to COVID, the City operated 25 vehicles for 18 hours daily (6 a.m. — midnight), Monday -Sunday, year-round. The average frequency of service or headway (i.e. passenger wait times) was approximately 15 minutes on all four (4) loops. Since 2022, the City has operated a reduced level of service ("Current Service Level") which consists of 21 trolley vehicles (8 low -floor trolleys and 13 high -floor trolleys) in service for 15 hours daily (from 8 a.m. to 11 p.m.), seven (7) days a week, year- round. The Current Service Level has resulted in an average service frequency (headways) of approximately 20 minutes. In advance of the LSF contract expiring on August 19, 2023, the Administration brought an item to the March 27, 2023 City Commission meeting for the approval to issue Invitation to Negotiate ("ITN") 2023-198-ND for Municipal Circulator Services. The City Commission did not approve the ITN and instead directed the Administration to issue a Request for Information ("RFI") and to bring back an item to the April 28, 2023 City Commission meeting to extend the current contract with LSF until a future solicitation process is completed. On April 28, 2023, the City Commission authorized a month -to -month extension of the current contract with LSF until a new contract is executed and all services have transitioned. The RFI was released on May 8, 2023 and closed on June 20, 2023. The RFI aimed to gather information from vendors of smaller alternative electric vehicles, focusing on innovative technology in the transportation industry. The City received five (5) responses as follows: Motiv provided information on low -floor, electric Hometown Trolleys. LSF provided information on low -floor, electric/diesel Hometown Trolleys and micro -transit vehicles, including Tesla Model 3, Ford E-Transit (electric vans), and Polaris LSV (electric golf -carts), offering a mix of electric and conventional fuel vehicles to meet various transit needs. Via, Freebee, and Circuit provided information related exclusively to micro -transit vehicles for flexible/on-demand transit services within the City. 193 of 3458 On a parallel path, in June 2023, the City engaged HNTB ("Consultant"), one of the City's pre - qualified transportation consultants, to perform a trolley service efficiency study (the "Study") entitled "Trolley Optimization Plan." The Study included a trolley passenger survey to help inform the replacement solicitation and made several key recommendations including, but not limited to: • Affirming the alignments of the current +volley routes (North Beach Loop, Collins Express, Middle Beach Loop, and South Beach Loops A and B) are appropriate based on adjacent land uses/densities and passenger demand (i.e. high ridership). • Acquiring low -floor, medium to heavy-duty transit vehicles engineered for high passenger demand service to reduce breakdowns and service interruptions and improve service reliability. It is worth noting that in the mass transit industry, trolleys are not considered heavy-duty vehicles and have a shorter service life span than most buses used by mass transit agencies. • Acquiring higher capacity vehicles (i.e. buses) and/or increasing the number of vehicles in service to improve service reliability and relieve the overcrowding that often occurs on some routes, particularly the Collins Express. • Acquiring double -door transit vehicles to improve the efficiency of passenger boarding/alighting, specifically on the highly used Collins Express and South Beach Loops. • Increasing the frequency of service to reduce average headways and passenger wait times to no more than 15 minutes on all routes (i.e. restoring service to 2019 pre - pandemic levels); and simplifying some of the existing routes by eliminating circuitous diversions to improve service efficiency. • Leveraging on -demand transit service via micro -transit vehicles to feed the fixed- route/fixed-schedule circulator services and serve as a first/last mile solution, particularly in low -demand residential neighborhoods. Attachment B includes the Trolley Optimization Plan Executive Summary presentation. To provide the highest quality of service in the most cost-effective and environmentally responsible manner for the City's residents, visitors, and workforce employees, the Administration crafted a solicitation in the most unconstrained fashion to allow interested parties to propose various vehicle types (buses, trolleys, shuttles, and micro -transit) and fuel/propulsion types (electric, compressed natural gas ("CNG"), electric/diesel hybrid, and conventional fossil fuels (gasoline and diesel)). Accordingly, the City issued a competitive solicitation that would allow for various innovative proposals, as well as negotiations with more than one firm simultaneously. On February 21, 2024, the City Commission authorized the issuance of ITN 2024-008-ND for municipal circulator services. ITN responses were due and received on May 17, 2024. The City received a total of seven (7) proposals from the following firms: Academy Bus LLC; Beefree, LLC d/b/a Freebee; Circuit Transit, Inc.; Limousines of South Florida, Inc.; MV Transportation, Inc.; River North Transit LLC; and WeDriveU, Inc. On May 24, 2024, an evaluation committee appointed by the City Manager convened to consider the proposals received. The evaluation process resulted in the ranking of proposers in the following order: 1s' - WeDriveU, Inc. 2nd - Limousines of South Florida, Inc. ("LSF") 2nd - MV Transportation, Inc. 41h - Academy Bus LLC 51h - River North Transit LLC 6th - Beefree, LLC d/b/a Freebee 6th -Circuit Transit, Inc. 194 of 3458 ANALYSIS On June 26, 2024, via Item C2 E (Attachment C), the City Manager recommended that the City Commission authorize the Administration to enter into simultaneous negotiations with WeDriveU, Inc., the top -ranked proposer, and LSF and MV Transportation, Inc., the tied second -ranked proposers, pursuant to ITN 2024-008-ND for municipal circulator services. The Item was separated from the Consent Agenda by Commissioner Dominguez. Commissioner Fernandez made a motion to approve the Item with an amendment that the Item be presented to the FERC for review and recommendation of a negotiated agreement(s) prior to City Commission consideration. The motion was seconded by Commissioner Rosen Gonzalez and approved by the City Commission. Therefore, pursuant to Resolution No. 2024-33084 (Attachment D), the Administration proceeded with simultaneous negotiations with the three (3) top -ranked proposers. It is worth noting that all three (3) vendors proposed heavy-duty transit vehicles manufactured by Gillig LLC ("Gillig"), one of the leading manufacturers of heavy-duty transit buses in the United States, with a legacy of over 130 years in the American transportation industry. Gillig has its headquarters in Livermore, CA, and specializes in producing high -quality, durable, and customizable buses that meet the evolving needs of transit agencies across the country. The Transportation and Mobility Department staff conducted an independent evaluation focused on the emissions, aesthetics, and costs related to various Gillig vehicles to inform the Administration's recommendation on the propulsion/fuel type for the City's next -generation transit vehicles. Attachment E includes Gillig's Emissions Impact Report prepared for the City which evaluates the environmental impact of each vehicle engine type (based on current 2025 models) across three (3) key emissions categories (Carbon Dioxide Equivalent (CO2e), Nitrogen Oxides (NOx) and Particulate Matter (PM)) as further described below: Carbon Dioxide Equivalent (CO2e): This is a measure of total greenhouse gas emissions which contribute to climate change. It includes CO2 as well as methane and nitrous oxide, expressed in a single unified metric. Lower CO2e means a smaller carbon footprint. Nitrogen Oxides (NOx): These are gases produced during combustion. High levels of NOx contribute to smog formation, acid rain, and serious respiratory health issues. Reducing NOx improves overall air quality. Particulate Matter (PM): These are fine particles, often called soot, that can penetrate deep into the human lungs and bloodstream, posing a significant risk to public health. The table below compares the emissions reductions of each propulsion option (for the 2025 Gillig models) to the City's existing Hometown Trolley Diesel fleet (2014-2017 models). CO2e NOx Propulsion Type PM Reduction Reduction Reduction Clean Diesel 32% 91% 85% Hybrid 32% 92% 99% Compressed 13% 100% 100% Natural Gas (CNG) Based on City staffs analysis, the Hybrid and Clean Diesel vehicles both deliver a 32% reduction in greenhouse gases (CO2e); however, the Hybrid vehicle further outperforms in PM and NOx reduction. The CNG vehicle engine achieves the highest air quality benefit with a 100% reduction in PM and NOx, although the CO2e reduction is lower in comparison to Clean Diesel and Hybrid vehicles. 195 of 3458 It is worth noting that based on information provided by Gillig, the upcoming 2026 Clean Diesel models will utilize the next -generation clean diesel engine which is expected to further reduce overall emissions as compared to the 2025 Clean Diesel model. Additionally, the Clean Diesel Gillig Trolley is the only Gillig vehicle available with the full Classic American trolley -style design package, which includes the following features: • Trolley -style cupola roof • Maintenance -free wood -grain exterior trim • Old-world styled graphics • Solid American white oak interior seating and trim • Solid brass trolley bell • Decorative front "cow catcher" • Roof and cupola accent LED rope lighting The Hybrid and CNG Gillig trolleys share the same interior (including wood trim and seats). However, these vehicles have a standard transit bus exterior, with an optional vinyl wrap to resemble a trolley. As a result, the Hybrid and CNG Gillig trolley vehicles resemble more conventional buses, which may be less aligned with the City's iconic trolley branding. Trolley exterior styling packages cost approximately $150,000 per vehicle. The total cost of each vehicle type, including the trolley package, is as follows: • Clean Diesel: $720,000 • CNG: $795,000 • Hybrid: $1,030,000 Based on the Administration's analysis of the emissions data, design considerations, and total cost analysis, the recommended vehicle type is a 40-foot Clean Diesel Gillig Low - Floor Trolley with dual doors. Attachment F depicts an image of the recommended vehicle. The capital costs of the vehicles will be built into the selected vendor's hourly operating rate. Attachment G includes a summary of key contractual terms based on each vendor's proposal. The cost of the vehicles was a central focus throughout the negotiations, and thus pricing was requested on multiple occasions, initially in January 2025, followed by a second request in February 2025, and culminating in the request for a Best and Final Offer ("BAFO") in June 2025. Following the BAFO submissions, a comparative analysis of the proposed hourly rates and key contractual elements from the three (3) top -ranked proposers showed LSF offers the lowest pricing across all vehicle types. For the City's recommended Clean Diesel Gillig Low - Floor Trolley, LSF proposed the lowest hourly rate of $127.99 for the Current Service Level, significantly lower than WeDriveU at $141.07 and MV Transportation at $182.55. Therefore, upon a comprehensive review of each vendor's proposal, transition plan, facility readiness, vehicle pricing, and overall cost -efficiency, the Administration recommends that the final selection for Municipal Circulator Services Operator in the City be LSF. The Administration's recommendation to award the contract to LSF is based on the following key findings. In addition to the lowest pricing, LSF's proposal provides clear operational and logistical advantages, including: Seamless Transition Plan: As the City's incumbent vendor with over a decade of operational experience in Miami Beach, an existing fleet, and staff familiar with City operations, LSF can offer a seamless and flexible transition, including the potential for a staggered and seamless implementation of new vehicles until all current trolley vehicles are replaced. Fully -Equipped, Self -Owned Facility: LSF currently owns and operates its own full - service facility, located at 3737 NW 43 Street in Miami, equipped with maintenance bays, 196 of 3458 fueling infrastructure, a bus wash facility, certified technicians/mechanics, a body repair shop, and administrative offices. This stands in contrast to WeDriveU, which proposed a potential leased facility without a confirmed Letter of Intent (LOI), and MV Transportation, which provided an LOI for a facility that would rely on third -party services for key day-to- day operations of the City's transit service. Facility ownership and control is an essential component contributing to overall service efficiency and cost effectiveness. Refurbishment of Existing Vehicles: As an added benefit to the City, LSF is committed to refurbishing five (5) of the City's existing low -floor trolleys at no cost to the City, to be used as additional spare vehicles or for special event services. Note the refurbishment of existing vehicles would supplement and not supplant the required 20% minimum spare ratio of new vehicles. The Administration has negotiated the Agreement with LSF (attached in substantial form) pursuant to the cost savings options recommended by the FERC at its October 25, 2025 meeting. The key terms of the Agreement are as follows: • Contract Term: Seven (7) years with options to renew for three (3) additional one (1) year terms for a total of 10 years. • Routes (same as Current Service Level): The service areas shall include: one (1) route in the North Beach area (North Beach Loop); one (1) route in the Middle Beach area (Middle Beach Loop); South Beach Route consisting of two (2) bi-directional loops: 1) "Loop A" operating in a clockwise direction and 2) "Loop B" operating in a counter- clockwise direction; and one (1) route connecting the North, Middle and South Beach Loops (Collins Express). • Vehicle Type: 30-foot and 40-foot, Clean Diesel Gillig Low -Floor Buses with dual doors (Attachment H). • Number of Vehicles (total and per route): Total of 21 vehicles in operation plus a 20% spare vehicle ratio equivalent to five (5) spare vehicles (for a total fleet of 26 vehicles). The North Beach Loop will have three (3) vehicles in operation; the Middle Beach Loop will have four (4) vehicles in operation; the South Beach Loops will have eight (8) vehicles in operation, and the Collins Express will have six (6) vehicles in operation. • Hours of Operation: Twelve (12) hours a day, from 8 a.m. to 8 p.m., seven (7) days a week, year-round. • Average Frequency of Service (Headways) (same as Current Service Level): Approximately 20 minutes. • Optional Vehicle Equipment and Technology: All service vehicles will be equipped with optional equipment, including but not limited to: Digital Destination Signs (interior and exterior); Automatic Passenger Counters (APC); Automated Voice Information Systems (AVIS); 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"); CCTV security cameras; and on -board TV monitor for advertising and public service announcements (PSAs). • Performance Penalties (including Mystery Rider scores to ensure ambassador - style customer service): Performance penalties will be assessed as appropriate for various incidents and deficiencies, including, but not limited to, reported malfunctioning or damaged equipment or device(s) that is not properly repaired within a specified timeframe; reported graffiti on the interior or exterior of the service vehicles that is not removed within a specified timeframe; and reported damage to the interior or exterior of a service vehicle that is not repaired within a specified timeframe. Furthermore, if LSF receives a quarterly average Mystery Rider score above 1.5 in any of the following five (5) categories assessed: Safety, Reliability, Customer Service, Appearance/Cleanliness, and Maintenance, the City reserves the right to impose financial penalties. The City will provide LSF with the Mystery Rider Quarterly Reports within five (5) business days of receipt. LSF will have ten (10) business days to submit a 197 of 3458 Corrective Action Plan (CAP) addressing deficiencies. If no CAP is submitted or if corrective actions are not implemented within a specified timeframe, performance penalties will be assessed on the next monthly invoice. Real -Time Trolley Tracker App Integrated in the Miami Beach Gov App: LSF will develop a user-friendly real-time trolley tracker mobile application for integration in the Miami Beach Gov mobile application that accurately depicts the location of each vehicle in service (in real-time) and an estimated time of arrival (ETA) for each trolley stop along each of the four (4) routes. Special Event Service: At the sole discretion of the City, LSF will provide transportation services during special events (using the City's service vehicles or other transit vehicles available to LSF and approved by the City) at the corresponding negotiated hourly rate for the corresponding vehicle used. July 16, 2025 FERC Meeting At the July 16, 2025 FERC meeting, the Administration presented this item to the FERC for advisory review and approval. Following a presentation on this item, the Committee requested that the Administration 1) conduct further research into the emissions analysis; 2) consider the potential of having a mixed fleet of diesel and electric vehicles; 3) explore ways of maximizing advertising revenues; 4) further analyze the branding and vehicle design options with a focus on reducing cost; and 5) return to the September FERC meeting with an update. 1. Emissions Analysis As directed by the FERC at its July 16, 2025 meeting, City staff conducted an independent review of the emissions data previously presented by the vehicle manufacturer (Gillig). The City's Environment & Sustainability (E&S) Department reviewed the raw data provided by the City and modeling results provided by Gillig to evaluate accuracy and applicability to the City's transit operations. The review identified that the Gillig Emissions Impact Report relied on the assumption of 3.75 miles per gallon (mpg) for the City's 2015 diesel trolleys. Staff requested the reasoning for the estimate used in the Gillig analysis as well as the actual fuel efficiency but did not receive this information. This baseline is significantly lower than the actual fuel efficiency range of the City's existing trolley fleet provided by the Transportation and Mobility Department, which operates between 6.2 and 7.8 mpg. Using a lower efficiency baseline has the effect of overstating the emissions reductions attributed to newer vehicle technologies. The E&S Department review showed that fully electric buses provided the largest reduction in emissions and air pollutants, however, a complete transition to fully electric buses is not currently feasible. The Gillig report applied the same methodology across all propulsion types but did not state the assumptions utilized for the analysis. The E&S Department compared the Gillig report results to an analysis performed based on commonly used averages from testing results from the Federal Transit Administration comparing the fuel efficiencies of buses by a different manufacturer and a freely available calculator, AFLEET, which was commissioned by the Department of Energy. The results of the two analyses show similar trends between diesel, hybrid, and CNG technologies. Both show that hybrid and CNG buses, which on average have better fuel efficiency than diesel buses, are estimated to have slightly lower greenhouse gas (GHG) emissions along with lower or comparable levels of particulate matter (PM) and nitrogen oxides (NOx) emissions. The key finding in the analysis is that the magnitude of the reductions reported to the FERC in July, as presented in the Gillig report, would most likely be lower when more realistic fuel efficiency data is applied. The table below compares emissions reductions estimated in the Gillig report and the analysis conducted by the E&S Department, utilizing the AFLEET calculator. Emissions Reduction by Fuel Types Compared to Diesel Buses 198 of 3458 CO2e Reduction NOx Reduction PM Reduction AFLEET Gillig AFLEET Gillig AFLEET Gillig FuetType Calculator Report Calculator Report Calculator Report Clean Diesel -13% -32% -50% -91% -75% -85% Electric Vehicle (EV) -91% N/A -32% -100% 0% N/A -100% N/A Hybrid -17% -92% 0% -99% Compressed Natural Gas (CNG) -26% -13% -95% -99.9% 0% -100% 2. Vehicle Technology/Mixed Fleet As requested by the FERC at its July 16, 2025 meeting, City staff explored scenarios for incorporating a limited number of electric vehicles ("EVs") into the City's transit fleet while maintaining the majority of the fleet as clean diesel. This approach would allow the City to begin transitioning toward lower -emission propulsion technologies while recognizing current limitations in EV range, charging infrastructure, and costs. Operational Limitations of EVs Based on information provided by LSF, each EV can operate only a limited number of hours before requiring full recharge. Because the City's transit service would operate 12-15 hours daily, the EV vehicle(s) would not be able to operate for the full service day and would need to be replaced by a second vehicle, which could be EV or diesel. As such, introducing EVs in the City's transit fleet would significantly increase both the upfront capital investment, including vehicle and infrastructure costs, and, thus, the hourly operating cost as detailed below. Scenario Analysis (based on 15 hours of daily service) • Scenario 1 (Baseline): 21 Clean Diesel Gillig Trolleys in operation o Hourly rate: $127.99 o Total annual cost: $14.7M • Scenario 2: 20 Clean Diesel Trolleys in operation + 1 EV Trolley in operation o Diesel hourly rate: $127.99 o EV hourly rate: $248.04 (includes the purchase of 2 EVs + 2 EV chargers) o Total annual cost: $15AM • Scenario 3: 19 Clean Diesel Trolleys in operation + 2 EV Trolleys in operation o Diesel hourly rate: $127.99 o EV hourly rate: $248.04 (includes the purchase of 4 EVs + 4 EV chargers) o Total annual cost: $16M Key Takeaways • While EVs deliver the greatest emission benefits, the cost to operate is nearly double the Clean Diesel hourly rate and requires redundant vehicles to maintain Current Service Level, while maintaining a 20% spare ratio requirement. • Charging infrastructure represents an additional cost and space challenge, as each charging station supports only two (2) EVs. • A phased approach introducing a limited number of EVs in the fleet while maintaining a Clean Diesel majority is technically feasible but carries significant financial impact under current technology and cost assumptions. 3. Advertising On September 2, 2025, City staff held a meeting with LSF and Outfront Media ("Outfront") to discuss the integration of advertising into the next -generation Municipal Circulator Services contract. It is important to note that the City currently has a contract with Outfront for advertising on the exterior of the existing trolley vehicles. The current revenue share in the City's contract 199 of 3458 provides for 52.5% of gross revenues to be allocated to the City and 47.5% to Outfront. City staff are currently in negotiations with Outfront to increase the City's share to 60% of revenues and 40% to Outfront. LSF will not retain any portion of advertising revenue. However, the Agreement includes special provisions that place responsibility on Outfront for any exterior vehicle damage caused by the installation or removal of advertising materials. Based on current levels of trolley exterior wrap advertising, the City receives approximately $180,000 annually in revenue. With the inclusion of interior advertising, total revenues are projected to modestly increase. Vehicle Preparation and Advertising Methods Both LSF and Outfront recommend the use of painted vehicles rather than vinyl wraps. This approach reduces the risk of body damage during the advertising installation and removal process. To preserve paint quality, newly painted vehicles cannot host exterior advertising for the first six (6) months to allow the paint to cure properly. Advertising Types • Exterior advertising remains the dominant revenue driver, estimated to contribute approximately 95% of total advertising income. • Interior advertising (via onboard monitors) will continue to be included at the City's discretion. While revenues are limited, these displays provide value for promoting City - sponsored events and distributing public service announcements (PSAs). 4. Branding and Vehicle Design At the July 16, 2025 FERC meeting, the Committee requested additional analysis on the cost implications of maintaining the City's iconic trolley branding versus utilizing a standard bus exterior with custom wraps/paint. Comparative Cost Analysis (Vehicle Interior and Exterior) • Scenario 1 (Trolley): 21 Clean Diesel Gillig Trolleys (+5 spares) o Hourly Rate: $127.99 o Total Annual Cost: $14.7 million • Scenario 2 (Bus): 21 Clean Diesel Gillig Buses (no trolley styling package and no wooden seats) (+5 spares) o Hourly Rate: $123.14 o Total Annual Cost: $14.2 million The difference between the two options above is approximately $500,000 annually, or approximately $4 million over the 7-year base contract term, attributable solely to the additional $150,000 per vehicle cost for the full Trolley Package ($120,000 for the trolley exterior package + $30,000 for the wooden seats). Design Considerations • The Trolley Package includes a cupola roof, decorative trim, oak seating, and other design elements that reinforce the City's current "vintage trolley" brand. This branding has historically contributed to strong ridership levels and differentiates the City's service from standard Miami -Dade County buses. • The Bus Option would be finished with a custom exterior wrap/paint. This alternative achieves cost savings but results in a more conventional bus -like appearance, both inside and outside, with reduced alignment to the City's established trolley identity. September 26, 2025 FERC Meeting At the September 26, 2025 FERC meeting, the Committee requested that the Administration further explore ways to increase advertising revenues and reduce the annual operating cost of the proposed municipal circulator services, and provide an update at the October FERC meeting. 200 of 3458 Advertising Update At the September 26, 2025 FERC meeting, the Committee raised concerns regarding the relatively modest revenue generated from exterior advertising on the City's trolley fleet (currently averaging approximately $180,000 annually). City staff reached out to Outfront to review the primary factors influencing these revenues. Following is an update based on City staffs discussions with Outfront. Trolley advertising is generally driven by three (3) categories of advertisers: alcohol brands, high - end national brands, and local businesses. Following the City's policy decision to ban alcohol advertising, annual revenues were reduced by approximately $80,000. High -end national brands, while approached by Outfront, typically do not view transit vehicles as a prime advertising means as compared to more permanent locations such as billboards or transit shelters, making trolley advertising more difficult to sell. As a result, trolley advertising relies heavily on local businesses, such as real estate agents, health insurance providers, and other neighborhood -focused services. Outfront currently charges national companies and high -end brands approximately $10,000411,000 per four (4)-week period per trolley vehicle, whereas the local business rate is typically $4,000—$5,000 per vehicle for the same time period. On average, Outfront sells advertising space on five (5) to six (6) trolleys each month. This activity results in the current annual revenue level of approximately $180,000. A preliminary review of national benchmarks indicates that the current trolley exterior advertising rates are consistent with, and in some cases above, prevailing market values for full transit vehicle wraps. Typical full -wrap rates range from $2,500—$5,000 per vehicle per four (4) weeks in most national markets, with premium cities commanding higher prices. By comparison, our local advertising rate ($4,000—$5,000) aligns with the national average, and our national/high-end brand rate ($10,000—$11,000) is positioned at the upper end of the spectrum, relative to major U.S. markets. This confirms that Outfront is charging fair market value for the City's trolley exterior advertising, and that current revenue levels are driven primarily by category restrictions (alcohol ban), advertiser mix, and limited appeal to luxury brands, rather than underpricing. Budget Considerations As directed by the FERC at its September 26, 2025 meeting, the Administration analyzed various options to reduce the projected annual operating budget deficit of $5.4 million associated with the recommended vehicle and service level scenario. The following options were evaluated: Option 1: Vehicle Type — Trolley vs. Bus At the September 26, 2025 FERC meeting, the Administration presented a comparative cost analysis between a Gillig trolley and a Gillig bus, as detailed below. • Scenario 1 (Gillig Trolley): 21 Clean Diesel Gillig Trolleys (+5 spares) — Hourly Rate: $127.99; Annual Operating Cost: $14.7 million • Scenario 2 (Gillig Bus): 21 Clean Diesel Gillig Buses (+5 spares) — Hourly Rate: $123.14; Annual Operating Cost: $14.2 million Note the two scenarios under this option are based on 15 hours of daily service. The difference between the two (2) scenarios is approximately $500,000 per year, or about $4 million over the 7-year base contract term, due solely to the additional $150,000 per vehicle cost for the Trolley Package. The potential operating cost savings if the Gillig Bus is selected would be approximately $500,000 annually. 201 of 3458 Option 2: Reduction in Service Hours The Current Service Level consists of operating 15 hours daily (8 a.m. to 11 p.m., 7 days per week). If the service is reduced to 12 hours daily (8 a.m. to 8 p.m.), focusing primarily on commuter demand, the cost impact would be as follows: • Scenario 1 (Gillig Trolley): 21 Clean Diesel Gillig Trolleys (+5 spares; — Hourly Rate: $148.51; Annual Operating Cost: $13.7 million • Scenario 2 (Gillig Bus): 21 Clean Diesel Gillig Buses (+5 spares) — Hourly Rate: $143.66; Annual Operating Cost: $13.2 million This reduction in daily service hours would result in an annual operating cost savings of approximately: • Scenario 1 (Trolley): $1 million • Scenario 2 (Bus): $1.5 million The potential savings if the service hours are reduced to 12 hours per day would be $1 million — $1.5 million, depending on the scenario (i.e. vehicle type) selected. It is important to note that due to the operator's fixed costs (capital cost of vehicles, insurance, maintenance, etc.) remaining the same regardless of the number of service hours, the reduction in service hours increases the hourly rate and does not proportionately reduce the overall cost. Option 3: Reduction in Spare Vehicle Purchase The required spare ratio of 20% for a fleet of 21 vehicles in operation is five (5) spare vehicles. To reduce costs, under this option, LSF would purchase two (2) new spare vehicles and refurbish, at no cost to the City, three (3) trolleys from the City's current fleet. • Scenario 1 (Trolley): 21 Clean Diesel Gillig Trolleys (+2 spares) — Hourly Rate: $122.34; Annual Operating Cost: $14.1 million • Scenario 2 (Bus): 21 Clean Diesel Gillig Buses (+2 spares) — Hourly Rate: $117.49; Annual Operating Cost: $13.5 million Note the two scenarios under this option are based on 15 hours of daily service and would reduce annual operating costs by $600,000 to $1.2 million, depending on the vehicle type selected. However, if Option 2 (12 hours of daily service) is selected in conjunction with Option 3, it is anticipated that the annual operating cost savings would be greater. Option 4: Smaller Vehicle Size — 30' vs. 40' The Gillig Trolley and Gillig Bus are available in various lengths, including 30-foot and 40-foot vehicles. The recommended 40-foot Gillig Trolley has a seating capacity of approximately 40 passengers. Selecting a 30-foot vehicle (trolley or bus) would reduce seating capacity to 24 passengers per vehicle but would lower vehicle procurement cost. The potential annual operating cost savings under this option would be approximately $200,000 based on 15 hours of daily service. However, if Option 2 (12 hours of daily service) is selected in conjunction with Option 4, it is anticipated that the annual operating cost savings would be greater. Summary of Options and Potential Annual Operating Savings 202 of 3458 Option Description Gillig Trolley Gillig Bus Notes Vehicle Type: Savings due to removal 1 Gillig Trolley vs. Baseline ($0) $500,000 of Trolley Package. Gillig Bus Reduce Daily _ Service hours reduced Service Hours to 8 a.m. to 8 p.m. 2 (from 15 hours to $1 M $1.5 M (rather than 11 p.m.) to 12 hours) focus on commuter demand. Reduce Spare Refurbish 3 trolleys Vehicle Purchase from the City's existing 3 (from 5 new spare $470,000 $400,000 fleet to reduce vehicles to 2 new purchase of new spare spare vehicles) vehicles. Reduce Vehicle Seating capacity 4 Size (from 40' to $200,000 $200,000 reduced from 40 seats 30') 1 1 1 to 24 seats. Tangentially, the Transportation and Mobility Department is conducting a comprehensive review of all its programs and services to identify potential cost -saving measures and optimize the use of available funding sources. Discussions with Miami -Dade County The Miami -Dade County Department of Transportation and Public Works ("County") is currently evaluating all municipal circulator services operating in Miami -Dade County, including the City of Miami Beach Trolley System, with the goal of eliminating duplication between the municipal circulator routes and County bus routes. It is important to note that the execution of an Intergovernmental Agency Agreement (IAA) between the City and County, subject to approval by both the Miami -Dade County Board of County Commissioners and the City Commission, is a pre- requisite for the operation of the City's new municipal circulator services, as the County retains jurisdictional authority over all transit services in Miami -Dade County, including within incorporated municipalities. As such, the County is currently reviewing the City's current trolley service with the goal of eliminating service duplication between the City's and County's bus routes. While the Administration does not recommend eliminating any of the current trolley routes as part of the new Municipal Circulator Services contract at this time, it is important to note that the County has discretion to approve or deny any of the City's municipal circulator routes (current and proposed) based on their findings and recommendations. Should the County not approve one (1) or more of the City's municipal circulator routes after LSF has placed the purchase order for the new transit vehicles, the Agreement with LSF includes a provision allowing the City to terminate the purchase order of any new vehicle(s) without any penalty or liability, prior to the vehicle(s) being delivered, provided that the City provides LSF with the notice of vehicle termination during the six (6)-month period following the date LSF placed the purchase order for the vehicle(s) to be terminated. In the event the City chooses to terminate a new vehicle(s) after the six (6)-month period has expired, but prior to delivery of the new vehicle(s), the City will be obligated to reimburse LSF for the portion, if any, of the 20% deposit for the vehicle(s) terminated which is not refunded to LSF or which is not applied as a credit to a pending purchase order for new vehicle(s) or any other vehicle purchase order which LSF has placed with the vehicle manufacturer (Gillig), even if unrelated to this Agreement, plus seven percent (7%) per annum simple interest until paid. 203 of 3458 October 15, 2025 FERC Meeting At the October 15, 2025 FERC meeting, the Committee reviewed and discussed the Administration's cost -savings options for the City's new municipal circulator services. Following the discussion, the Committee passed a motion recommending that the Administration proceed with the following cost -saving measures: • Vehicle Type (Option 1): Proceed with a Gillig Bus rather than a Gillig Trolley; • Service Hours (Option 2): Reduce service from 15 hours daily (8 a.m. to 11 p.m., 7 days per week) to 12 hours daily (8:00 a.m. to 8:00 p.m.), focusing on commuter demand; • Spare Vehicles (Option 3): Purchase only two (2) new spares while refurbishing three (3) vehicles from the City's current trolley fleet; and • Vehicle Size (Option 4): Purchase 30-foot vehicles for the South Beach Loops A and B, Mid Beach Loop, and North Beach Loop, and 40-foot vehicles for the Collins Express (route with the highest ridership demand). While the Administration recommends a 40-foot Gillig Trolley with dual doors, and maintaining the Current Service Level (i.e. operating 15 hours daily from 8 a.m. to 11 p.m., 7 days per week), the Administration supports the cost saving measures recommended by the FERC given the current budget constraints in the Transportation Fund. However, should additional funding be identified in the future, the Administration will prioritize increasing the service hours and acquiring additional vehicles to increase service frequency (i.e. reduce headways and passenger wait times) and provide the highest level of reliable circulator service feasible within the available budget. Clarification of Total Annual Operating Cost Savings Following Final Negotiations with LSF Following the October 15, 2025 FERC meeting, the Administration conducted final negotiations with LSF to establish a consolidated hourly rate that reflects the combined effect of all FERC- recommended cost -saving options. During the FERC discussion on this item, the estimated total annual operating cost savings was estimated to be approximately $3.3 million based on the table that presented each cost -saving option individually. However, during final negotiations, LSF advised that some cost savings options could not be aggregated as discussed during the October 15, 2025 FERC meeting. For example, the cost reduction associated with Option 1 (selecting a Gillig Bus instead of a Gillig Trolley) is already embedded within the reduced hourly rate presented under Option 2, and therefore cannot be added to Option 2. Additionally, LSF revised the projected cost savings originally presented under Option 3 (reducing the number of new spare vehicles purchased), resulting in a lower but more accurate annual operating cost savings value. As a result of the City staffs final negotiations with LSF, taking into account all feasible cost - saving measures as a unified package, LSF proposed a revised hourly rate of $137.17, which equates to an annual operating cost of approximately $12.6 million. This results in a total annual operating cost savings of approximately $2.1 million, rather than $3.3 million as referenced during the October 15, 2025 FERC discussion on this item. The updated cost reflects the consolidated annual operating cost of the options recommended by FERC rather than the cumulative sum of the individual cost -saving scenarios previously presented to FERC for comparative purposes. Transition Period and Existing Fleet Hourly Rates Following City Commission approval of the new Municipal Circulator Services Agreement, the Administration anticipates a two (2) to three (3) -year transition period during which the current trolley service will continue to operate using the existing fleet until the new vehicles are delivered and fully deployed. During this transition period, the City will continue to rely on the existing trolley vehicles that are eight (8) to eleven (11) years old, approaching or exceeding typical industry lifespan for medium -duty transit vehicles. As vehicles age, the cost of maintaining safe and reliable service increases due to higher frequency of parts replacement, increased labor hours for 204 of 3458 repairs, supply chain delays for discontinued components, and rising insurance and liability costs associated with older equipment. To ensure service continuity and maintain operational safety standards through the transition period, the Administration intends to present to the City Commission at a future date a proposed adjustment to the current hourly rate for the existing trolley service. Preliminary modeling indicates that an approximate fifteen percent (15%) increase in the current hourly rates would reasonably account for inflationary escalation in maintenance, repair, insurance, and other operational requirements accumulated over the last several years, during which time hourly rates have remained flat despite increased costs borne by LSF. This hourly rate adjustment would only be in effect during the transition period and will sunset upon full conversion to the new Gillig fleet; however, it would require an amendment to the new Municipal Circulator Services Agreement, if approved by the City Commission. If the City Commission accepts the FERC's recommendation to reduce the service hours from 15 hours to 12 hours daily for the new transit circulator services, this reduced operating schedule could also be applied to the current trolley service during the transition period. Under this scenario, the 15% increase in hourly rate for the existing service is expected to be substantially offset by the reduction in total annual service hours (for the existing service), allowing current trolley operations to remain approximately budget neutral at the current funding level of $9.3 million annually while sustaining safe and reliable trolley service until new vehicles are phased -in. FISCAL IMPACT STATEMENT Funding for the new municipal circulator services resulting from this ITN is subject to City Commission approval through the annual budget process. The cost to the City will ultimately depend on the type of vehicle selected, number of vehicles in service (i.e. total service hours), and the negotiated hourly operating rate(s) based on the type of vehicle selected. In response to the ITN, LSF has submitted the lowest overall hourly rates across all vehicle types, including the City's recommended vehicle (40-foot Clean Diesel Gillig Low -Floor Trolley with dual doors). LSF's proposed hourly rate for this vehicle is $127.99 based on 15 hours of daily service. The Administration believes that LSF's proposed hourly rate is aligned with current economic conditions and represents a cost-effective solution. Based on LSF's proposed hourly rate, the proposed municipal circulator services would represent a total annual cost to the City of approximately $14.7 million, based on 15 hours of daily service, seven (7) days a week. The City currently budgets approximately $9.3 million annually for the Current Service Level of citywide trolley service, therefore resulting in a $5.4 million annual funding gap. Should the City Commission accept the cost saving measures recommended by the FERC, annual cost savings of approximately $2.1 million could be achieved, thereby reducing the annual funding gap to approximately $3.3 million. To close this annual funding gap, the Transportation and Mobility Department will present potential additional savings in its operating budget for consideration as part of the Fiscal Year 2027 budget process. Based on Gillig's schedule for the ordering, manufacturing and delivery of the new vehicles, funding for the new municipal circulator services is anticipated to be needed in Fiscal Year 2027 at the earliest. The funding needed for FY 2027 will be subject to the annual budget process and City Commission approval. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 205 of 3458 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION The annual cost associated with the current level of citywide trolley service is approximately $9.3 million and funded through the following three (3) funding sources: 106 Transportation Fund/106-9615-000349-30-403-529-00-00-00- _ $2,500,800 187 People's Transportation Plan ("PTP") Fund /187-6300-000349-30-403-529-00-00-00- _ $5,528,000 FDOT Grant(75%/25%)/303-9615-000305-30-403-523-00-00-00-52424 = $1,323,311 TOTAL FUNDING: $9,352,111 Based on Gillig's schedule for the ordering, manufacturing and delivery of the new vehicles, funding for the new Municipal Circulator Services is anticipated to be needed in Fiscal Year 2027 at the earliest. The funding needed for FY 2027 will be subject to the annual budget process and City Commission approval. While the PTP and Transportation funds are anticipated to be recurring funding sources for future circulator services, the FDOT grant funds are awarded on a discretionary basis and, thus, should not be considered as an annually recurring allocation. CONCLUSION While the Administration recommends a 40-foot Gillig Trolley with dual doors, and maintaining the Current Service Level (operating 15 hours daily from 8 a.m. to 11 p.m., 7 days per week), the Administration supports the recommendations from the FERC to reduce the annual operating cost of the municipal circulator services given the current budget constraints in the Transportation Fund. However, should additional funding be identified in the future, the Administration will prioritize increasing the service hours and acquiring additional vehicles to increase service frequency (i.e. reduce headways and passenger wait times) and provide the highest level of reliable circulator service feasible within the available budget. As such, the Administration recommends that the City Commission adopt the Resolution approving, in substantial form, an agreement with LSF pursuant to ITN 2024-008-ND for Municipal Circulator Services, and furthermore, authorizing the City Manager to finalize the Agreement; and further, authorizing the City Manager and City Clerk to execute the Agreement. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): N/A Department 206 of 3458 Procurement Sponsor(s) Co-sponsor(s) Condensed Title 'Approve ITN 2024-008-ND, Municipal Circulator Services. TR/PR Previous Action (For City Clerk Use Only) 207 of 3458 ATTACHMENT A Contract No. 24-008-01 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LIMOUSINES OF SOUTH FLORIDA, INC. FOR MUNICIPAL CIRCULATOR SERVICES PURSUANT TO ITN-2024-008-ND RESOLUTION NO. 208 of 3458 Contract No, 24-008-01 AGREEMENT BETWEEN THE CITY O-rMIAMI BEACH AND LIMOUSINES OF SOUTH FLORIDA, INC. FOR MAINTENANCE AND OPERATIONS OF A CITY OF MIAMI BEACH TROLLEY SYSTEM FOR MUNICIPAL CIRCULATOR SERVICES This Agreement made and entered into this day of , 2025 ("Effective Date"), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida (the "City'), and LIMOUSINES OF SOUTH FLORIDA, INC., a Florida corporation (the "Contractor") with its principal office located at 2766 NW 62^d Street, Miami, Florida, 33147. WITNESSETH WHEREAS, on May 9, 2014, the City and Contractor executed an agreement for Turnkey Trolley Operations and Maintenance Services (the "Current Agreement"); and WHEREAS, on February 21, 2024, the Mayor and City Commission approved the issuance of the Invitation to Negotiate (ITN) No. 2024-008-ND-for Municipal Circulator Services; and WHEREAS, Invitation to Negotiate No. 2024-008-ND (the "ITN") was released on February 23, 2024, and WHEREAS, on June 26, 2024, the Mayor and City Commission adopted Resolution No. 2024-33084, accepting the recommendation of the City Manager pursuant to the ITN; authorizing the City Administration to enter into simultaneous negotiations; and further requiring that the final selection and negotiated agreement(s) be subject to the prior approval of the Mayor and City Commission; and WHEREAS, on July 16, 2025, the Finance and Economic Resiliency Committee ("FERC") considered the essential contract terms for an agreement with Contractor and FERC recommended executing an agreement with Contractor based upon said terms; and WHEREAS, the City and Contractor have negotiated the following agreement pursuant to the ITN; and WHEREAS, on December 17, 2025, the Mayor and City Commission adopted Resolution No. approving and authorizing the City Manager to finalize and execute this Agreement. 2 209 of 3458 Contract No. 24-008-01 NOW THEREFORE, the City and Contractor, in consideration of the mutual covenants and agreement herein contained, agree as follows: Article I. SCOPE OF SERVICES Contractor shall perform and furnish all work, services, labor, materials, vehicles and equipment, as appropriate and necessary for Contractor's operation, management, and maintenance of a turnkey first-class public trolley transportation system for the City (the "Project" or the "System"); all as more specifically set forth in the Scope of Services (the "Services") attached and incorporated as Exhibit "A" hereto. Section 1.01 Section 1.02 Notice to Proceed — Purchase of Vehicles. Contractor shall place an order for the purchase of the new vehicles based upon the specifications described in Table 1 (the "New Vehicles") within three (3) days of the City's issuance of a Notice to Proceed (the "NTP"), which NTP shall also be executed by both parties. Any subsequent purchases of additional vehicles shall also be ordered pursuant to a signed NTP. The Contractor hereby acknowledges that time is of the essence in the timely delivery of operational New Vehicles. Contractor shall use commercially reasonable efforts to ensure that the New Vehicles are delivered and operational in a timely manner. The contract between Contractor and the manufacturer of the New Vehicles (the "Vehicle Purchase Agreement") shall require notice to the City at the address required under this Agreement in connection with any default under the Vehicle Purchase Agreement. A copy of the Vehicle Purchase Agreement shall be provided to the City upon execution of the Vehicle Purchase Agreement. Any default by Contractor under the Vehicle Purchase Agreement which causes delay in the delivery of the New Vehicles shall constitute a penalty against Contractor under this Agreement, as more particularly described in Exhibit "A-3". Section 1.03 (Intentionally Omitted) Section 1.04 Transition Fleet. During the transition period from the existing fleet of municipal circulator vehicles (the 'Existing Fleet") to the New Vehicles (collectively, the "New Fleet"), the Contractor shall utilize the Existing Fleet to perform the Services. The Existing Fleet shall consist of thirty-three (33) trolley vehicles, including vehicles used as spares, as more particularly described in Table 2, attached hereto. The Existing Fleet shall not be older than the year 2016 unless otherwise approved by the City. Section 1.05 Special Events Fleet. In the City Manager's or designee's sole discretion, the City may request the use of specialized vehicle types not included in the standard fleet (the "Special Events Fleet"). The City's use of the Special Events Fleet shall be invoiced at the rates established in Exhibit "B". The City, at the City Manager's sole discretion, may consider the use of refurbished trolleys in connection with Special Events Fleet. Section 1.06 Vehicle Advertisements. The vehicles shall be furnished with advertising space in the interior, in addition to space for route -specific information (map frame and brochure area). The Contractor shall remove all advertisements displayed on any trolley that pertain to a specific event, date, or time -sensitive information within seven (7) business days following the conclusion of the referenced event or the end of the period during which the advertised information remains relevant. Failure to remove such advertisements within the specified timeframe shall result in a penalty of $1,000.00 per day, per vehicle, for each day the non -compliant advertisement remains 3 210 of 3458 Contract No. 24-008-01 in place beyond the deadline in accordance with Exhibit "A-3". This penalty shall be assessed at the City's discretion and may be deducted from any payment due to the Contractor. Article II. TERM Section 2.01 This Agreement shall have an initial term commencing on the Effective Date and expiring seven (7) years from the earlier of (i) the date all New Vehicles are delivered or (ii) Twenty - Two (22) months from the date Contractor receives the Notice to Proceed (the "Initial Term"). At the sole discretion of the City Manager, the City may renew the Agreement for three (3) additional one (1) year terms (the "Renewal Term(s)") by giving the Contractor written notice at least thirty (30) days prior to the expiration of the Initial Term or Renewal Term(s), as applicable. Article III. FEES Section 3.01 In consideration of the Services to be provided, Contractor shall be compensated on a monthly basis in accordance with the rates established in Exhibit "C" (the "Fee"). For the avoidance of doubt, the Fee shall remain consistent, subject to the annual increases contemplated in Article IV, during and after the City's transition from the Existing Fleet to the New Fleet. Section 3.02 Invoicing. Upon receipt of an acceptable and approved invoice, including any required accompanying documentation as more particularly described in Section 29 (Submission of Invoices) of Exhibit "A", payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). All payments to Contractor shall be made in accordance with the Florida Prompt Payment Act, Section 718.73 of the Florida Statutes. Invoices shall include: detailed description of the Services (or portions thereof) provided, including a detailed report of all service interruptions experienced, vehicles used, daily per -vehicle ridership, and service miles completed during the applicable invoice. Invoices shall be submitted to the City at the following addresses. - Accounts Payable: Payables(c-vmiamibeachfl.gov With copy to: Transportation(a miamibeachfl.gov Section 3.03 Most Favored Public Entity. Contractor represents that the prices charged to the City in this Agreement do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. If Contractor's prices decline, or should Contractor, at any time during the Term, provide the same goods or services to any other customer at prices below those set forth herein, then such lower prices shall be immediately extended to the City. Article IV. COST ADJUSTMENTS; LIVING WAGE Section 4.01 Cost Adjustments. Commencing on or before June 1st following the first full contract year, and on or before each June 111 of each contract year thereafter, Contractor may request a cost adjustment to the Fee, to be effective during the upcoming fiscal year (October 111 through September 301") based on the lesser of 3% or the annual increase in the Consumer Price Index for All Urban Consumers (CPI-U), Miami/Fort Lauderdale area ("CPI"), on a non -cumulative basis, utilizing the prior contract year's CPI index for the month of January as the base year, as 211 of 3458 Contract No. 24-008-01 compared to the CPI index for the month of January for the current contract year of adjustment. The Contractor's request shall include sufficient detail to substantiate the requested cost adjustment. Contractor's failure to submit its cost adjustment request may result in the City's automatic rejection of said request. The City, in the City Manager's sole discretion, reserves the right to approve or deny a requestea cost adjustment. Prior to informing the Contractor of its decision, the City may request additional information or documentation from the Contractor. All approved cost adjustments shall be implemented in the upcoming fiscal year, as any cost adjustment approved by the City Manager will be subject to approval by the City Commission during the City's budgetary process and memorialized in an amendment to the Agreement executed by the City and Contractor. Section 4.02 Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as may be amended from time to time, the Contractor shall pay all employees providing the Services the hourly living wage rate set by the City Commission from time to time. The living wage rate and associated health care benefits may be adjusted annually, by resolution of the City Commission, to account for inflation based on the Consumer Price Index for All Urban Consumers (CPI-U), Miami/Fort Lauderdale area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Notwithstanding the foregoing, any such annual adjustment shall not exceed three percent (3%). The City Commission may also, by resolution, elect not to approve an annual adjustment in any given year based on other considerations it deems appropriate. In the event of an increase in the living wage rate following the Effective Date of this Agreement, Contractor's hourly rate per trolley service hour will be adjusted commensurate with the living wage impact and the payroll tax impact associated with the living wage rate increase. Article V. PERFORMANCE MEASURES The City may, from time to time and at its sole discretion, evaluate the Contractor's Services to assess compliance with the standards, requirements, and performance expectations set forth in this Agreement. These evaluations may include, but are not limited to, assessments of service quality, professionalism, responsiveness, and adherence to applicable procedures. Based on the results of such evaluations, the City may apply performance -based incentives or impose penalties on the Contractor. Incentives may be awarded where the evaluations reflect performance that exceeds contractual expectations, while penalties may be imposed where the evaluations identify deficiencies or failure to meet required standards. The City shall provide a summary of the evaluation findings to the Contractor and may invite a written response for the record. Evaluations shall be conducted pursuant to the criteria described in Section 15 (Mystery Rider Performance Standards and Penalties) of Exhibit "A-3". Article VI. TERMINATION AND DEFAULT Section 6.01 Termination for Cause. If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 5 212 of 3458 Contract No, 24-008-01 Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. Section 6.02 Termination for Convenience by the City. (a) Termination for Convenience. The City may also, through its City Manager, terminate this Agreement for convenience and without cause at any time during the Initial Term or a Renewal Term by giving the Contractor written notice, which shall become effective thirty (30) days following issuance of the notice by the City. In connection with the City's exercise of an early termination of the Agreement for convenience, the City shall purchase the vehicles for a price equal to the unamortized balance of the purchase price (including any deposit) for the New Vehicles, which will be paid or considered to be paid over a period of seven years, as reflected in the amortization schedule attached hereto as Exhibit "A-2". In such case, Contractor shall transfer to the City all title and interest in said New Vehicles. The City will be responsible for transfer, tag fees and taxes (if applicable) associated with the transfer of title into the City's name. Upon ordering the New Vehicles, Contractor shall provide the City with a copy of the purchase order reflecting the price and amount of deposit for each respective New Vehicle. The amortization schedule will include the actual amount of the purchase price of the New Vehicles, plus seven percent (7%) per annum simple interest, with equal payments over a period of seven (7) years until paid. Additionally, at the City's option, upon the expiration of this Agreement, Contractor will transfer to the City any of the New Vehicles requested by the City which have been fully amortized, with the City responsible for title fees, tag fees and taxes (if applicable) associated with the transfer of title into the City's name. (b) Approval of Interlocal Agreement/Termination of New Vehicle Orders. The parties acknowledge that the City will be negotiating an Interlocal Agreement with Miami -Dade County, Florida in order to permit the City to operate the municipal circulator services which are the subject of tNs Agreement. As such, the City shall be permitted to terminate the order of any New Vehicle ("Terminated Vehicle") without any penalty or liability, prior to the vehicle being delivered: provided that the City provides Contractor with the notice of termination during the six (6) month period following the date Contractor placed the purchase request/order ('Purchase Order") for the Terminated Vehicle ("Order Termination Period"), even if the Purchase Order includes more than one New Vehicle. In the event the City terminates a New Vehicle after the Order Termination Period expires, the City will be obligated to reimburse Contractor for the portion, if any, of the 20% deposit for the Terminated Vehicle which is not refunded to Contractor or which is not applied as a credit to a pending Purchase Order for New Vehicles or any other purchase order which Contractor has placed with the vehicle manufacturer, even if unrelated to this Agreement, plus seven percent (7%) per annum, simple interest until paid. Section 6.03 Termination for Insolvency. The City reserves the right to terminate this Agreement in the event the Contractor is placed in either voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the rights and obligations of the parties shall be the same as provided for in Section 6.02. Section 6.04 Removal of Equipment. Upon the termination of this Agreement, whether for cause or for convenience, or expiration of this Agreement, Contractor, upon notice from the City, [.1 213 of 3458 Contract No. 24-008-01 shall promptly remove all of its personnel, equipment, and materials from the Project Site. Should the Contractor fail to remove its equipment and materials in a timely manner, the City may remove them at the Contractor's sole expense. Section 6.05 Contractor's Ownership of Vehicles and Financial Obligations upon Termination or Expiration of the Agreement. The Existing Fleet and New Fleet shall remain property of the Contractor at all times during the Term of this Agreement unless, at the option of the City, the City purchases the vehicles in accordance with Section 6.02. Following any termination of this Agreement, whether for cause or for convenience, or expiration of this Agreement, the vehicles shall continue to be owned by Contractor and Contractor shall continue to be responsible for any remaining balances owed by Contractor in connection with the purchase of the vehicles unless, at the option of the City, the City purchases the vehicles in accordance with Section 6.02. Article VII. LIMITATION ON CITY LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $100,000.00. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $100,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $100,000.00 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. Article Vill. INDEMNIFICATION Section 8.01 Contractor shall indemnify, hold harmless and defend (with counsel Approved by the City) the City, its officers, employees, agents, servants, and contractors, from and against any and all claims, liabilities, demands, causes of action, costs and expenses (including reasonable attorneys' fees at the trial and all levels of appeal) of whatsoever kind or nature (the "Claims") arising out of: (i) error, omission, negligent act, or willful misconduct of Contractor, its officers, employees, agents, servants, contractors, or subcontractors; (ii) any default by Contractor under this Agreement, or (iii) any other Claim arising directly or indirectly from the performance of the Services or the Project; provided, however, that there is expressly excluded from the foregoing obligations any Claims to the extent resulting solely from the gross negligence or willful misconduct of the City, its officers, employees, agents, servants, or contractors. Section 8.02 It is understood and agreed by Contractor that its liability to the City, and/or to the City's officers, employees, agents, servants, and contractors, under Section 8.01, shall not in any way be limited to or affected by the amount of insurance coverage required or carried by Contractor under this Agreement. The provisions of Section 8.01 shall survive expiration or termination of this Agreement. 7 214 of 3458 Contract No. 24-008-01 Article IX. INSURANCE REQUIREMENTS (Subject to Review by Risk Management) Section 9.01 The Contractor shall maintain the below required insurance in effect prior to the Effective Date and for the duration of the Agreement. The maintencr,ce of proper insurance coverage is a material element of the Agreement and failure to maintain or renew coverage may be treated as a material breach of the Agreement, which could result in withholding of payments or termination of the Agreement. A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Agreement. The exempt Contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Worker's Compensation insurance and do not anticipate hiring any additional employees during the term of this Agreement or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage D. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. Section 9.02 Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Worker's Compensation) arising out of work or operations performed on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractors insurance. Section 9.03 Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Section 9.04 Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation and endorsement from the insurer. Section 9.05 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A: VII or higher. If not rated, exceptions may be made for members of the EE- 215 of 3458 Contract No. 24-008-01 Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Section 9.06 Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a�-riskworks.com Section 9.07 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. In such case, the parties shall work together to reach agreement with respect to the impact the City's requested change may have on the hourly rate for the Services. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this Agreement. Article X. PAYMENT AND PERFORMANCE BOND Prior to execution of this Agreement, Contractor shall submit to the City (and therefore maintain and keep in full force and effect throughout the period of time provided in Article II hereof) the required Surety Bond (the Bond), as further set forth in this Article X. The Bond amount shall be equal in volume to the total contract amount. The Bond to the City shall be in the full amount of the contract on an annual basis, guaranteeing to the City the Contractor's full and faithful performance of the Services during each contract year of the Agreement. The Bond shall be with a Surety company meeting the qualifications described herein. The Bond shall continue in effect for one year after the end of the Term (or earlier termination of this Agreement, as the case may be). The Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida, and having been in business with a record of successful continuous operation for at least five (5) years. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current 9 216 of 3458 Contract No. 24-008-01 Revisions. The bonds shall be executed by a responsible corporate surety who has been given an A-: VI or higher rating by the most recent edition of A.M. Best's Insurance Guide and which is authorized to issue bonds in the State of Florida through an authorized agent with an office in Florida. Article XI. CONTRACTOR'S PRE -START REPRESENTATION Contractor represents and warrants to the City that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Project and the proposed Services, the Project area site conditions as they may affect or otherwise impact Contractor's performance of the Services; and all federal, State and local (Miami -Dade and Miami Beach) laws, ordinances, resolutions, rules and regulations (the "Applicable Laws") that may in any manner affect the Project and/or Contractor's performance of the Services. Article XII. INTERRUPTION OF SERVICE Neither party shall be liable to the other for any indirect, incidental, special, or consequential damages including lost profits or interruption of service. Article XIII. EXCLUSIVE USE Contractor shall not enter into an agreement with any other party for use of equipment and/or personnel dedicated to the Services without the prior written approval of the City. Article XIV. NOTICE All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Limousines of South Florida, Inc 2766 NW 62rd Street Miami, Florida 33147 Attn: Mr_ Raymond Gonzalez, President TO CITY: City of Miami Beach Transportation and Mobility Department 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Transportation and Mobility Department Director With Copy to: City of Miami Beach Office of the City Attorney 1700 Convention Center Drive 10 217 of 3458 Contract No. 24-008-01 Miami Beach, Florida 33139 Attn: City Attorney Notice may also be orovided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. Article XV. CONTRACTOR'S RESPONSIBILITIES Section 15.01 General Responsibilities. In and for the consideration specified herein Contractor shall take all necessary action to manage, operate, and maintain a public transportation system to the City's satisfaction, as required herein. Section 15.02 Laws, Rules, Regulations and Licensing Requirements. Contractor shall familiarize itself and comply with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the Services, including but not limited to requirements of the Federal Transit Administration (FTA) Section 5307, State of Florida Chapter 14-90 of the Florida Administrative Code, Miami -Dade County Passenger Transportation Regulatory Commission, the Americans with Disabilities Act, Title VI and Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission (EEOC) Uniform guidelines, and all other Equal Employment Opportunity (EEO) regulations and guidelines. Contractor shall additionally comply with the requirements of 2 CFR, Part 200, and further agrees to the terms set forth in Exhibit "D" to the Miami Beach Citywide Procedure Sequence Number PO 16.06 (Contract Provisions for Non -Federal Entity Contracts Under Federal Awards), incorporated herein by reference and attached as part of the ITN. Ignorance on the part of Contractor shall in no way relieve Contractor from responsibility. If the Contractor observes that any of the Services, or any portion of the Project, are/is at variance therewith, Contractor shall give the City prompt written notice thereof. Contractor shall be responsible for any and all liabilities, obligations, claims and/or costs arising from Contractor's performance of any portion of the Services it knows, or should have known, to be contrary to Applicable Laws. Section 15.03 Safety and Protection. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions for the Project and the Services, and will take any and all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to (a) All employees, subcontractors, agents and other persons performing Services under this Agreement; (b) All equipment, materials, vehicles and personal property required for the performance of the Services; 11 218 of 3458 Contract No. 24-008-01 (c) Any other property within the Project area including, but not limited to, trees, lawns, and landscaping, sidewalks and other walkways: pavements, streets and roadways: structures and utilities. Contractor shall designate a responsible member of its organization whose duty shall be the prevention of accidents and shall provide the City with the name and contact information of such individual (or any successor) as follows: Name. Mr. Bob Beers, Vice President of Operations Address: 2766 N.W. 62r11 Street, Miami, Florida 33147 Telephone Number: 305-308-8110 Email Address: bbeers@transportationamerica.com Contractor shall always perform the Services in a manner that ensures the least practicable obstruction to public travel (including but not limited to using existing bus bays) and shall use its best efforts to ensure the convenience of the general public and of the residents along and adjacent to the Project area and areas of Services. Contractor shall comply with all applicable State of Florida Department of Transportation regulations, including, but not limited to, Florida Administrative Code Section 14-90 and federal safety requirements, as may be amended from time to time. Contractor shall use commercially reasonable efforts to implement all corrective measures prescribed by FDOT following an audit under Rule 14-90. The City shall develop, implement, and maintain a formal safety program including periodic safety meetings, participation in safety organizations, safety incentives offered by the Contractor to drivers and other employees, and participation in Risk Management activities under the auspices of the Contractor's insurance carrier or other organizations (the "Safety Program"). The Contractor shall require all drives, dispatch personnel, vehicle maintenance mechanics, and supervisors to participate in the Safety Program. In the event of a conflict between the requirements of Florida Administrative Code Section 14-90 and the operational standards provided (i) in the Safety Program, (ii) by Contractor, or (iii) in this Agreement, the requirements of Florida Administrative Code Section 14-90 shall prevail. Section 15.04 Emergencies. In emergencies affecting the safety of persons or property, Contractor, without special instruction or authorization from the City, is obligated to act, at its reasonable discretion, to prevent threatened damage, injury, or loss. Contractor will give the City prompt written notice of any significant changes in the Services, or other deviations from this Agreement, caused thereby. If the Contractor believes that additional services performed by it in an emergency entitles it to additional compensation under this Agreement, Contractor may make a claim, however, the decision to reimburse and/or compensate the Contractor for any such claim shall be within the sole discretion and judgement of the City Manager. Section 15.05 Employee Criminal Background Check Requirements. It is a requirement of this bid that Contractor comply with all the requirements of Sections 435.04 and 408,809, Florida Statutes, requiring that only those Contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any Project area or prior to the provision of any contract services. This requirement shall extend to all Contractor representatives, agents or sub- contractors performing duties under this Agreement. If a Contractor's employee is away from the job for a period of 90 or more days, the City will require a new criminal background check. The background screening will be conducted by The City of Miami Beach Human Resources Department. Contractor will bear the cost, currently estimated at approximately $40.00 per 12 219 of 3458 Contract No. 24-008-01 employee (subject to change from time to time), of acquiring the background screening required under Section 435.04, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to conduct background screening and maintain the provided fingerprints with respect to Contractor and its personnel. The Parties agree that the failure of Contractor to perform any of the duties described in this section shall constitute a material breach of this Agreement and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Contractor's failure to comply with the requirements of this section or Sections 435.04 and 408.809, Florida Statutes. Contractor agrees to require all its employees to notify the Contractor and the City of any arrest(s) or conviction(s) of any offense within 24 hours of its occurrence. Contractor further agrees to immediately notify the City upon becoming aware that one of its employees which were previously certified as completing the background check is subsequently arrested or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 24 hours of being put on notice shall constitute a material breach of this Agreement, entitling the City to terminate this Agreement immediately. Section 15.06 Maintenance and Examination of Records. Contractor shall maintain current, accurate, and complete financial records on an accrual basis of accounting related to the Project and the Services performed pursuant to this Agreement. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit, by the City or its authorized representatives, upon reasonable prior notice and during normal business hours. Such records and accounts shall include a breakdown of gross revenues, expenses, and profit and loss statements, and such records shall be maintained as would be required by an independent CPA in order to audit a statement of annual gross revenues and profit and loss statement pursuant to generally accepted accounting principles. The Contractor shall maintain and preserve all video recordings from trolleys that relate to or may reasonably be considered relevant to any incident, including but not limited to accidents, injuries, disturbances, or complaints. Contractor shall promptly share all video recordings relevant to an incident within 24-48 hours from receipt of a City request, subject to performance penalties. Such recordings shall be securely stored and shall not be altered, deleted, or otherwise disposed of until the City provides written notice authorizing their deletion. The Contractor shall make such recordings promptly available to the City upon request and shall ensure appropriate safeguards are in place to protect the integrity and confidentiality of the recordings during the retention period. The Contractor shall maintain all other video recordings for at least thirty (30) days. Section 15.071nspection and Audit. Contractor shall maintain its financial records pertaining to its operations for a period of three (3) years after the conclusion of the Term, and such records shall be open and available to the City or its authorized representatives, as deemed necessary by the City. Contractor shall maintain all such records at the office address set forth in the Notices section of this Agreement. The City or its authorized representatives shall be entitled to audit any and all Contractor records pertaining to the Project and/or the Services, as often as it deems reasonably necessary throughout the Term, and three (3) times within the three (3) year period following termination of the Agreement, regardless of whether such termination results from the natural expiration of the Term or for any other reason. The City shall be responsible for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five percent (5%) or more in Contractor's 13 220 of 3458 Contract No. 24-008-01 statement of gross receipts for any year or years audited, in which case the Contractor shall pay to the City, within thirty (30) days of the audit being deemed final (as specified below), the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest; provided. however, that the audit shall not be deemed final until Contractor hap received the audit and has had a reasonable opportunity to review the audit and discuss the audit with the City. Nothing contained within this subsection shall preclude the City's audit rights for resort tax collection purposes. Contractor shall submit at the end of the Term, a certified audited annual statement of Gross Revenues for the Project, in a form consistent with generally accepted accounting principles. These statements will be provided by Contractor's internal accounting or operating departments. The provisions of this Section shall survive termination or expiration of this Agreement. Section 15.08 Maintenance and Repair of trolley equipment. The Contractor shall repair any damaged vehicles or related equipment within five (5) business day of discovery or notification of the damage, whichever occurs first, unless the City Manager's designee, in his/her sole discretion, permits an alternative timeframe in writing. All repairs must restore the trolley or equipment to safe and fully operational condition, consistent with the standards set forth in this Agreement. The Contractor shall promptly notify the City upon completion of any such repair and shall document the nature of the damage and the corrective action taken. Section 15.09Contractor's Reporting Requirements. The Contractor shall submit to the City the following reports in accordance with the specified frequencies: (a) Vehicle Cleaning Schedule: A report detailing the routine cleaning schedule for all vehicles shall be submitted on a weekly basis. This report shall include the dates, locations, and scope of all cleaning activities conducted during the reporting period, including but not limited to interior and exterior cleaning. (b) Equipment Functionality and Maintenance: A weekly report shall be submitted documenting the operational status and maintenance of all onboard equipment, including but not limited to fare collection devices, if a charge of a fare for use is approved by the City, communication systems, safety equipment, and surveillance systems. This report shall identify any malfunctions or deficiencies discovered, the corrective actions taken, and the current status of each affected item. All reports shall be submitted in a format approved by the City and must be accurate, complete, and timely. The City reserves the right to request daily reports or other type of daily notification of the status of the equipment, instead of weekly reports. The City also reserves the right to request additional information or clarification as needed to verify compliance with these reporting requirements. (c) CITT Report: The Contractor shall provide the City with a comprehensive monthly performance report, summarizing key operational metrics for the reporting period. At a minimum, the report must include: total boardings per month, average weekday, Saturday, and Sunday boardings; weekday, Saturday, and Sunday scheduled revenue miles; and weekday, Saturday, and Sunday scheduled revenue hours. The report shall also include the number of accidents recorded during the month. All data must be clearly presented, and supporting raw data in Excel format must be made available to the City upon request. (d) Hazardous Materials Oversight and SDS Compliance: To comply with FDOT requirements and best practices, the Contractor shall maintain an up-to-date Safety Data Sheet (SDS) journal documenting all on -site chemicals used in the course of operating the Services. The City reserves the right to conduct random inspections of SDS journals and on -site chemicals at least once every six months. Upon the City's request, the Contractor shall provide the SDS journal for review —either by presenting the original copy in person 14 221 of 3458 Contract No. 24-008-01 or by submitting a scanned copy via email to the City's Transportation Director or his/her designee within three (3) business days. The Contractor must ensure that all chemical usage remains compliant with applicable safety and environmental regulations at all times. In addition, the City will maintain a log of all SDS inspections and oversight activities to assist with implementation, tracking, and recordkeeping. Section 15.10 Oversight and Monitoring Procedures. To comply with FDOT oversight requirements and ensure the safe, reliable, and compliant operation of municipal circulator services, the Contractor agrees to participate in a comprehensive oversight and monitoring program administered by the City, as more particularly described in Exhibit "E". This program includes adherence to all applicable local, state, and federal regulations governing public transit services. The City will conduct regularly scheduled and unscheduled reviews of the Contractor's performance, focusing on key areas such as service delivery, safety protocols, maintenance practices, training records, and Safety Data Sheet (SDS) documentation. These reviews will include on -site inspections, desk audits, and performance evaluations conducted no less than twice per year, with additional random inspections conducted as needed. A checklist and log will be maintained to track all inspections and oversight activities. To promote continuous communication and proactive issue resolution, the City and the Contractor will participate in quarterly coordination meetings to review service performance, safety metrics, rider feedback, and compliance with ADA, Title VI, and other applicable standards. In addition, monthly coordination calls or virtual check -ins will be conducted to address operational issues in real time. All meetings and calls will be documented in a coordination log maintained by the City. The oversight program also includes a "mystery rider survey" conducted by the City to evaluate the rider experience. The survey will be administered on a recurring basis and used to inform oversight decisions and identify areas for improvement. The Contractor will participate in a structured process for emergency and incident reporting. All major incidents will be reviewed jointly by City staff and the Contractor to identify root causes and implement corrective actions aimed at preventing future occurrences. These reviews, along with associated corrective action plans, will be documented and retained The Contractor shall fully cooperate with all aspects of this oversight program by providing requested records, participating in evaluations and meetings, and responding to any identified deficiencies. Required documentation, including SDS journals, maintenance logs, and employee certifications, must be submitted within three (3) business days of a City request, either in person or electronically to the City's Transportation Director or his/her designee. Failure to comply with oversight requirements or to correct identified deficiencies shall result in contract enforcement actions, including amendment, suspension, or termination of the Agreement All records related to oversight activities —including inspections, audits, meetings, surveys, incident reports, and corrective actions —will be maintained in a centralized file by the City to ensure accountability and long-term program integrity. Section 15.11 Continuity of Service. The Contractor shall use commercially reasonable efforts to schedule driver break times and shift changes in a manner that ensures continuous and efficient service. Specifically, the Contractor shall ensure that: (a) Breaks and shift changes are scheduled to avoid disruptions to service, ensuring that there is no interruption in the operation of the vehicles and that scheduled service is maintained. 15 222 of 3458 Contract No. 24-008-01 (b) Multiple drivers do not idle at the same location during shift changes or breaks, to avoid unnecessary clustering of vehicles and to maintain smooth operations. (c) Passengers are not left stranded or without service due to the timing of shift changes or breaks, ensuring that at no time will passengers experience delays or be left without transportation due to driver transitions. (d) The Contractor shall promptly notify the City of any changes to the schedule or operations that may impact these requirements and shall take corrective actions as necessary to ensure compliance. Prior to the commencement of the Services, Contractor shall present the City with its plan to ensure that the Services are not consistently disrupted by vehicle shift changes and breaktimes. Article XVI. FORCE MAJEURE Section 16.01 A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. Section 16.02 If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. Section 16.03 No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. Section 16.04 Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The 16 223 of 3458 Contract No. 24-008-01 obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. gsrtion 16.05 Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. Article XVII. MISCELLANEOUS Section 17.01 Jurisdiction and Venue. This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein. exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. Section 17.02 Assignment, Transfer or Subcontracting. Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the City Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved) shall be void. Section 17.03 Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected, and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. Section 17.04 Changes and Additions. This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 17.05 Public Entity Crimes. Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. Section 17.06 No Partnership or Joint Venture. Nothing contained in this Agreement is intended to or shall be construed in any way to create or establish the relationship of partners of a joint venture between the City and Contractor. None of the officers, employees, agents, servants, contractors or subcontractors of Contractor (hereinafter "Contractor's Personnel") shall be, or deemed to be, employees or agents of the City for any purpose whatsoever. Contractor assumes full responsibility for the actions of Contractor's Personnel and is solely responsible for 17 224 of 3458 Contract No. 24-008-01 their supervision, daily direction and control, and as applicable payment of fees, costs (including withholding taxes and social security), worker's compensation and disability benefits. Sec*.son 17.07Taxes. The Contractor shall be solely liable for payment of any applicable sales, use, and other taxes (the 'Impositions") in conjunction with the performance of the Services, whether or not such Impositions are imposed or assessed against Contractor or the City. Section 17.08 No Discrimination. In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the 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 (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. Section 17.09 Conflict of Interest. Contractor herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. Section 17.10 No Third -Party Beneficiaries. This Agreement shall not be construed as giving any person, other than the parties hereto and their successors and permitted assigns, any legal or equitable right, remedy, or claim under or in respect of this Agreement or any of the provisions herein contained; this Agreement and all provisions and conditions hereof being intended to be, and being, for the sole and exclusive benefit of such parties and their successors and benefitted assigned, and for the benefit of no other person or entity. Section 17.11Contingent Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. Section 17.12Ownership of Documents; Intellectual Property. Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. 18 225 of 3458 Contract No. 24-008-01 All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-cc.sultants, without the prior written consent of the City Manager. Section 17.13 No Waiver. A failure by either party to take any action with respect to any default or violation by the other of any terms, covenants, or conditions of this Agreement shall not in any respect limit, prejudice, diminish, or constitute a waiver of any such rights of such party to act with respect to any contemporaneous, or subsequent violation or default or with respect to any continuation or repetition of the original violation or default. Section 17.14 Waiver of Jury Trial. City and Contractor knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon this Agreement or the performance of the Services thereunder. Section 17.15Joint Preparation. The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Section 17.16 Priority of Documents. Proposal Documents shall mean City of Miami Beach Invitation to Negotiate No. 2024-008-ND for Municipal Circulator Services, together with all amendments thereto, issued by the City in contemplation of this Agreement (collectively, the "ITN"), and the Contractor's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the ITN; and the Proposal. Section 17.17 Entirety of Agreement. The City and Contractor agree that this is the entire Agreement between the parties. This Agreement and attachments hereto referenced supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient references and are not intended to confer any rights or obligations upon the parties to this Agreement. Article XVIII COMPLIANCE Section 18.01 Contractor's Compliance with Florida Public Records Law. (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, 19 226 of 3458 Contract No. 24-008-01 characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall.- (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law, (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS, NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must 20 227 of 3458 Contract No. 24-008-01 be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 bw. iness days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO( _)MIAMIBEACHFL.GOV PHONE: 305-673-7411 Section 18.02 E-Verify. (A) To the extent that Contractor provides labor, supplies, or services under this Agreement, Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement 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. If Contractor enters into a contract with an approved subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of this Agreement, or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter 0 228 of 3458 Contract No. 24-008-01 have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 23.02(A), but the Contractor otherwise complied with such subsection, the City will promptly notify the Contractor and order the Cc -*rector to immediately terminate the contract with the subcontractor. Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. (3) A contract terminated under the foregoing Subsection (13)(1) or (13)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (13)(1) or (13)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (13)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 23.02. Section 18.03 Contractor's compliance with Anti -Human Trafficking Laws. Contractor agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit "F". Section 18.04 Prohibition on Contracting with a Business Engaging in a Boycott. Contractor warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Contractor hereby certifies that Contractor is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. Section 18.05 Prohibition on Contracting with an Individual or Entity which has Performed Services for Compensation to a Candidate for City Elected Office. Contractor warrants and represents that, within two (2) years prior to the Effective Date, Contractor has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of the City Code shall not apply to the following: (a) Any individual or entity that provides goods to a candidate for office. (b)Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. (c) Any individual or entity which performs licensed professional services (including for example, legal or accounting services). Section 18.06 Prohibition Against Contracting With Foreign Countries Of Concern When An Individual's Personal Identifying Information May Be Accessed. Contractor hereby 22 229 of 3458 Contract No. 24-008-01 agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individua!'s personal identifying information (PII), unlees the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a)- (c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic Peoples Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Contractor warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Contractor to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit "G". Section 18.07 Inspector General Audit Rights. (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to 23 230 of 3458 Contract No 24-008-01 project design, bid specifications, (bid/proposal) submittals, activities of the Contractor its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. [Signature Page to Follow] 24 231 of 3458 Contract No. 24-008-01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: Rafael E. Granado, City Clerk Date: FOR CONTRACTOR: M Print Name and Title Date: CITY OF MIAMI BEACH, FLORIDA a Florida municipal corporation Eric T. Carpenter, City Manager LIMOUSINES OF SOUTH FLORIDA, INC. a Florida corporation la Print Name and Title 25 232 of 3458 EXHIBIT "A" SCOPE OF SERVICES (THE SERVICES) 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 agrees to provide labor, materials, and equipment, as it deems necessary and advisable, in order to provide the CITY with a first-class, turn -key public municipal circulator transportation system (the "Project" or the 'System"). 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 vehicles, 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 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. Page 1 of 18 233 of 3458 2. OBJECTIVES. The primary objectives of the contract operation are: a. To provide a safe, clean, reliable, and efficient public transportation service on a fixed route and fixed schedule in Miami Beach within the Service Areas (as defined in Section 3(a)), within projected service hours specified; and b. To provide a professional, courteous, and pleasant Transit experience for each passenger (See Ambassador Style Customer Service standards incorporated herein and attached to the Agreement as Exhibit "A-1 "). 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: Municipal Circulator Service Areas. The municipal circulator service is a fixed route, fixed schedule public Transit service and will be directly managed and funded by the CITY. The municipal circulator service areas shall include: one (1) route in the North Beach area (North Beach Loop), as more particularly described in the attached Figure 1; one (1) route in the Middle Beach area (Middle Beach Loop), as more particularly described in the attached Figure 2; one (1) route connecting the North, Middle and South Beach (Collins Express), as more particularly described in the attached Figure 3; and one (1) South Beach Route, as more particularly described in the attached Figure 4. 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 Service Area(s). The CITY's New Fleet shall consist of twenty-one (21) vehicles, plus five (5) spare vehicles, in accordance with the routes, schedules, and hours of operation established by the City herein. Notwithstanding the foregoing, the City Manager, on behalf of the CITY, reserves the right, at its sole discretion and judgment, to modify such routes, schedules, and hours of operations and hours of operations at any time during the Terms, upon written notice to CONTRACTOR; to increase or decrease the number of vehicles in operation, reassign the vehicles between Service Areas, and/or purchase replacement vehicles (even if older than the year 2026), 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 vehicles, the City Manager has authority to modify the headways for any affected Service Area. Depending on number of vehicles in service, the average headways/service frequency along routes shall be as depicted in Table 1 below: Page 2 of 18 234 of 3458 Table 1. Route/Loop Name Number olvehicles In Avr. Headways/service service frequency goal (mins) South Beach Loop 6 11 5 13 4 16 3 22 v South Beach Loop B 6 13 5 16 4 20 3 26 Middle Beach Loop 5 15 4 20 3 26 Collins Express 7 13 6 15 5 18 4 23 3 30 North Beach Loop 4 15 3 20 2 30 Mount Sinai Link 1 75 b. Description of Routes for each Service Area. The North Beach Loop extends from 651h Street on the south side to 8811 Street on the north; and from Collins Avenue on the east to the western CITY limits along 7111 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 715' 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 4111 Street corridor and Collins Avenue/Indian Creek Drive corridors. This route alignment is bounded by 441h Street to the North, Alton Road to the West, Collins Avenue to the East and Lincoln Road to the South. Page 3 of 18 235 of 3458 3. The Collins Express provides connection between the North Beach Loop, Middle Beach Loop and the South Beach Route. The service operates from 881h Street to Washington Avenue/Lincoln Road along Collins Avenue, Harding Avenue, Indian Creek Drive and 1711 Street. The Collins Express municipal circulator service is intended to reduce the number of bansfers required to travel between North Bea6,, Middle Beach, and South Beach as well as travel times, thereby resulting in a quicker and more attractive and efficient intracity municipal circulator 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 23Id Street to the North, Washington Avenue and Collins Avenue to the East, and Belle Isle to the West. 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 municipal circulator 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 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) municipal circulator system. All services shall be subject to the control of the CITY and coordinated by the CITY. The CONTRACTOR's day to day operations shall be vested in the CONTRACTOR's full-time System Manager, who shall serve as the CONTRACTOR'S representative under this Agreement. In addition, an officer or senior management employee of CONTRACTOR shall be available to the CITY either by phone, electronic mail, or in person, to make decisions or provide coordination under this Agreement, as necessary. All System vehicles shall have bicycle racks, all required interior and exterior signage, interior and exterior regulatory signs as well as vehicle ID signs, interior map frames (approximately 21 x21 in size) and brochure holders (similar to that of Miami Dade Transit Buses), electronic marquees and wheelchair lifts, as applicable. d. Contractor shall operate the vehicles in accordance with the operating schedule described in Exhibit "A-4". 4. OPTIONAL EQUIPMENT. It is the CITY's intent to have all vehicles used for this system to be equipped with 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 thirty (30) days, automatic passenger counters (APC), Automated Voice Information Systems (AVIS), Wi-Fi services, real time GPS tracking services (to be integrated into Miami -Beach GOV mobile application "Trolley Tracker" as well with capabilities to provide mileage, service hours and ridership reports, and capabilities to Page 4 of 18 236 of 3458 provide data in a format that is compatible with Miami -Dade County's mobile application "Miami Dade Bus Tracker"). The CONTRACTOR shall provide the Optional Equipment as part of the New Fleet. The CONTRACTOR shall be responsible for all maintenance and replacement of the equipment to ensure that the Optional Equipment is operational at all times. In addition, the City Manager or designee may approve, in writing, the purchase of additional Optional Equipment for the vehicles in the CITY fleet, as may be needed in the Administration's sole discretion and subject to budgetary appropriation. 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. The CITY shall retain ownership of all Optional Equipment purchased for the vehicles. 5. VEHICLE DELIVERY. CONTRACTOR shall provide the CITY with an amortization schedule for each new vehicle, based upon the purchase price of each new vehicle. Said amortization schedule shall be subject to the written approval by the City Manager and shall be attached to the Agreement as Exhibit "A-2" for the New Fleet vehicles. The amortization schedule 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 "A-1" f. Drivers shall assist passengers confined to wheelchairs in boarding and shall perform the tie downs. Page 5 of 18 237 of 3458 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 have a name tag clearly displaying their first name only, installed on the dashboard and visible at all times 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 vehicle in order to communicate with dispatch operators, supervisors, and other 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 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 "A-1" SHALL be included in the CONTRACTOR's training workshop schedule if not covered already. p. Drivers shall transport service animals accompanying individuals with disabilities, as defined by the ADA and Florida law. Service animals must be under the control of their handlers at all times. Animals that are not trained to perform specific tasks related to a disability, such as emotional support animals, are not permitted on transit vehicles. 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 vehicles is in service. An interior ambient temperature of 72 degrees Fahrenheit is desired at all times during vehicle operation. u. Drivers shall be prohibited from playing the radio during the hours of operation of the vehicles. v. Drivers shall announce stops if 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 "A-1". In addition, dispatch personnel is expected to proactively assist Page 6 of 18 238 of 3458 drivers to avoid bunching issues through the use of two-way radio communication and GPS; dispatcher shall coordinate fueling, breakdowns, vehicle re-gens and other issues to avoid interruption of service or headway increase. All dispatch operators shall be able to communicate via two-way radio with supervisors and drivers. 9. STAFF LEVELS AND WAGES. The CONTRACTOR shall be responsible for payment of all employees' and/or subcontractors' wages and benefits. The CONTRACTOR's personnel wages and work hours shall be in accordance with applicable Federal, State and local regulations affecting such personnel. The CONTRACTOR shall pay staff wages within the acceptable ranges of the transportation industry for the established positions, understanding the specialty skills required to perform an Ambassador Style Customer Service; it is highly desirable that CONTRACTOR offers competitive salaries, benefits and incentives for drivers, dispatchers and road supervisors who excel in their responsibilities. 10. MINIMUM PERFORMANCE STANDARDS. The CONTRACTOR shall strive to provide a fixed -route public Transit service in the 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 "A-1 ", 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 "A-3". 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.- 0 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: • <2% missed trips • 80% on -time performance (no more than 5 minutes late at any stop location) Cleanliness: Page 7 of 18 239 of 3458 • Daily cleaning of interior or vehicle, including floor seats, windows, handlebars, and applying atomizers to neutralize any foul odors 100% of the time. • Twice a month detailing of interior, including insect extermination, removing gum stains and foul odors 100% of the time. • Weekly cleaning of exterior of vehicle including windows and tires 100% of the time • Graffiti removal within 24 hours 100% of the time. 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 spare vehicle shall be dispatched immediately upon interruption in service to ensure on time performance. 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 "A-1" herein. The CITY reserves the right to request the removal of any CONTRACTOR employee from Miami Beach service routes upon noncompliance of performance standards dictated above. 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 municipal circulator transportation system. Notwithstanding the preceding, CONTRACTOR shall, at a minimum, ensure that all vehicles are well maintained, safe, and fully operable in accordance with the highest standards of care and shall provide the following: Page 8 of 18 240 of 3458 Vehicle maintenance and repair (including, without limitation, all preventive maintenance, as well as emergency maintenance such as dead batteries, flat tires, etc.); and Interior and exterior cleaning. The CONTRACTOR shall immediately report and repair any damage to the interior or exterior of vehicle(s). If a vehicle is damaged, the CONTRACTOR shall retire that vehicle from service as soon as practicable and a spare vehicle shall be immediately dispatched to service the route. Exterior damage to vehicle(s) due to collisions, scratches, and graffiti markings shall be repaired within 24 hours. CONTRACTOR shall not permit the use of any vehicle, in a state of repair that violates any Applicable Laws. Vehicles may only be driven and/or parked in areas designated for such purposes and as provided for under this Agreement and pursuant to Applicable Laws. The CITY, and/or its officers, employees, agents, and/or contractors shall not be responsible or liable for any damage to CONTRACTOR'S vehicles. CONTRACTOR shall be responsible for and provide reasonable security measures which may be required to protect the vehicles. Under no circumstances shall the CITY be responsible for any stolen or damaged goods, facilities, materials, and/or other equipment including, but not limited to, the vehicles, nor shall CITY be responsible for any stolen or damaged personal property of CONTRACTOR'S employees, contractors, subcontractors, agents, vendors, patrons, guests, invitees, and/or any other third parties. CONTRACTOR, at its sole cost and expense, shall maintain and store the vehicles and provide lubricants, repairs, parts, and supplies required for the maintenance and operation of all buses and service vehicles. The CONTRACTOR will be responsible for supplying all vehicle fuel. The CONTRACTOR will be responsible for providing tires for all vehicles. It shall be the CONTRACTORS responsibility to maintain the color scheme in good condition, with painting/decaling as needed, throughout the life of the Agreement. 12. FARES/COLLECTIONS. Should the CITY opt to charge fares for the municipal circulator 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 Director or his/her designee 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 Page 9 of 18 241 of 3458 are met at all times; including during fueling, relieves, bathroom breaks, accidents, and all applicable. The CONTRACTOR's training for supervisory personnel shall cover the practices for transit operators and supervisors recommended by the American Public Transportation Association (APTA). The CITY reserves the right to test supervisor's knowledge on common practices at any time. The CONTRACTOR shall be responsible for furnishing supervisors with mobile phones/pads (monitoring tools) capable of handling the mobile application and website to be developed for the 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 vehicle shall give the CITY's Transportation Director or his/her designee 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 vehicles, transit system vehicles other than trolleys, other trolley System property or facilities, or any other property. The CITY's Transportation Director or his/her designee shall have discretion to investigate events resulting in property damage less than $1,000. • Evacuation of a vehicle due to a life -safety event where there is imminent danger to passengers on the 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 vehicle number involved and state where he or she can be reached for further details. In addition, the person must supply any additional information requested. The CONTRACTOR must ensure the physical evidence of the accident scene is properly documented prior to the scene being cleared. Immediate notice of the above occurrences shall be reported by telephone. Immediate notice of all said accidents is required, but in no instance shall the notice be delayed for more than two (2) hours. Page 10 of 18 242 of 3458 A written notice shall be submitted to the CITY, unless otherwise specified by the CITY, within one (1) business day (24 hours) of the occurrence for all fatal accidents and all injury accidents which result in injuries to one (1) or more passengers, on the form entitled "ehicle 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. SAFETY AND SECURITY PROGRAM PLAN. The CONTRACTOR has adopted a System Safety Program Plan (SSPP) and a Security Program Plan. The CONTRACTOR adopts a System Safety Program Plan (SSPP) and a Security Program Plan (SPP) pursuant to the standards set forth in Rule Chapter 14-90, Florida Administrative Code. The CONTRACTOR complies with its adopted SSPP and SPP The CONTRACTOR performs annual safety inspections on all operational vehicles in accordance with Rule Chapter 14-90, Florida Administrative Code (see attached). The CONTRACTOR reviews the SSPP and SPP regularly, and the plans remain up to date. The CONTRACTOR will require all drivers, dispatch personnel, vehicle maintenance mechanics, and supervisors to participate in the Safety and Security Program. The CONTRACTOR shall comply with all applicable State of Florida Department of Transportation requirements, Florida administrative code 14-90, and all other applicable federal, state, and local safety requirements. 16. 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 vehicles for emergency response purposes must be pre - approved by the Transportation and Mobility Department 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 vehicle 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. 17. 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 set up of maintenance and secure storage of the vehicles after hours; c. Storage for the CONTRACTOR's vehicle maintenance equipment (including cleaning supplies and spare parts); d. Fueling facilities to provide a dedicated source of fuel available in emergencies e. Breakroom facilities f. Restroom facilities Page 11 of 18 243 of 3458 g. Vehicles washing facilities 18. EQUIPMENT. CONTRACTOR's vehicles shall meet all specifications set forth in Table 1 and Figure 2 attached herein. 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, Trash Bags 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 thirty (30) days and capable of providing a digital output transferable via SD cards or USB. 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 Director or his/her designee of the CITY via email within 24 hours. Vehicles will be delivered with special paint or decaling scheme for the Municipal Service Service Areas (as designed by the CITY). The cost of such painting/decaling shall be borne by the CONTRACTOR. 19. 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 1 S' 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. Page 12 of 18 244 of 3458 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 independent 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 vehicles sanitized during service hours. The CONTRACTOR's staff shall sanitize high touch areas, such as door handles, handholds, pull cords, seats, after completion of each run/loop, during service hours. The CITY will provide the CONTRACTOR with disinfecting solution, spray bottles and paper towels (as applicable) which CONTRACTOR will distribute to its employees to sanitize vehicles after each run, unless otherwise directed by the CITY. In case the CITY elects to enhance vehicle disinfecting efforts, the CONTRACTOR shall work closely with the CITY to accommodate such effort which may result in longer vehicle layovers at selected stops. The CITY may elect to provide hand sanitizing solution and dispensers to be installed in vehicles for passengers to use on board of the vehicles during service hours. Such dispensers and solution 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 municipal circulator service, 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 Page 13 of 18 245 of 3458 • 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 f? shield for protection rr^y 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 vehicles 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 vehicles as well as encouraging riders to conform to the CDC recommended prevention and hygiene applications that have been commonly reported 20. 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 Page 14 of 18 246 of 3458 problems, monitor performance schedules and procedures, and enable operators to communicate with the base office, during all Hours of Operation. 14. Drug and Alcohol Testing program pursuant to Section 440.102, Florida Statutes. A description of this program shall be submitted upon execution of this Agreement. b. Additional Operating Procedures. The CONTRACTOR will observe all safety rules and other requirements of regulatory bodies having jurisdiction over the Service Area and operate the vehicles with the highest regard for all aspects of safety. 1. The CONTRACTOR will not use or allow the Vehicles to be used for any illegal purpose. 2. The vehicles shall not be used for towing, pushing or any purpose other than the transportation of passengers. 3. The CONTRACTOR shall not overload the vehicles beyond their specified carrying capacity nor operate a vehicle in an unsafe manner. 4. No other use may be made of the vehicles dedicated to the CITY except as specifically authorized in writing by the CITY. 5. All Vehicles shall operate with headlights and taillights turned on while in service. 6. CITY will designate specific bus stops along the routes described herein. Passengers shall be picked up and discharged only at these designated bus stops. Four-way flashers shall be used whenever the vehicle is stopped to load or unload passengers. 7. Service shall be provided to all orderly persons who pay the proper fare (if applicable) and comply with passenger conduct rules and regulations established by the CITY. The CONTRACTOR shall not discriminate against any passenger or prospective passenger 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. 21. INITIAL VEHICLE INSPECTION. The CITY reserves the right to inspect any vehicle to be used as part of the proposed municipal circulator 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. 22. 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. Page 15 of 18 247 of 3458 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 "A-3" "Performance Penalties" as applicable. Services shall be managed by the CONTRACTOR in accordance with the guidelines and parameters established herein and the attachments hereto. 23. REPAIRS a. General Repairs. CONTRACTOR shall provide as required all general repairs to vehicles provided by this Agreement. This includes replacement of items that are or appear to be worn out. b. Mechanical and Body Repairs. Within two (2) days (unless parts have to be ordered) of learning of damage or the need for any repairs, the CONTRACTOR will complete or cause to have completed all mechanical repairs found necessary to maintain the function of all components and features of the vehicles unless otherwise directed in writing by the CITY. 1. Body and frame repairs, inclusive of necessary painting, will be inspected and certified in writing as completed by the garage performing the work prior to returning the vehicle to service. 2. Minor body damage repairs shall be repaired as soon as possible, but not to exceed two (2) weeks, subject to the availability of OEM parts when needed. 3. Major body damage shall be repaired before returning the vehicle to service, not to exceed five (5) weeks out of service, subject to the availability of OEM parts when needed. 4. Repairs to non -working items that relate to safety shall be completed prior to returning the vehicle to service. Failure of safety related items on a vehicle while performing service shall require immediate removal of the vehicle from service for repair. These items shall include legally required lights, working brakes, tire tread depth or condition or any other mechanical condition that may have an effect on continued safe operation of a vehicle. 5. The CONTRACTOR shall be responsible for providing any towing services necessary to complete repairs required. Such services shall be done in a safe manner that will not cause damage to the vehicle, its structure or components. 24. VEHICLE RECORDS. The CONTRACTOR shall provide Monthly Summary Reports to the Transportation Director or his/her designee 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 Director or his/her designee of the CITY. Said monthly reports shall be submitted no later than the 151' 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. 25. 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 Director or his/her designee, 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, Page 16 of 18 248 of 3458 dispatchers and general managers shall provide immediate notice to the Transportation Director or his/her designee 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 Director or his/her designee. 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. 26. MINUMUN REPORTING REQUIREMENTS. The CONTRACTOR shall provide a Monthly Passenger Count Summary Report and Monthly Summary Reports to the Transportation Director or his/her designee of the CITY in conjunction with the 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 Director or his/her designee 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. 27. MONTHLY SUMMARY REPORTS. The CONTRACTOR shall prepare and submit to the Transportation Director or his/her designee of the CITY a monthly summary report within fifteen (15) calendar days after the end of the operating month, which shall be submitted along with CONTRACTOR'S invoices for payment (as one of the required documents thereto). Monthly Summary Reports shall include, but not be limited to: a. Vehicle Total service hours and Miles: Monthly report figures shall coincide with daily trip sheet totals for the month, by Route. b. Total Ridership: Monthly totals of the number of passengers carried, by Route. c. Total Passenger Revenue Summary (if applicable): Amount of fares/coupons collected, by Route. d. Service Break Summary: vehicle out -of -service, operational problems, breakdowns, missed trips and delays over fifteen (15) minutes. e. Complaints and Compliments: passenger complaints and compliments collected by the CITY and description of any action taken regarding complaints. Passenger complaints related to safety or serious operational deficiencies shall be reported to the CONTRACTOR by the CITY no later than the next workday following the CITY's receipt of complaint. f. Vehicle Condition Summary: mileage (month, year to date, total), fuel and oil consumption (miles per unit), accidents, preventive maintenance and inspection program (actual vs. program), summary of major component rebuilding/repairs made, by vehicle. g. Equipment Status Summary: all other CITY -owned equipment. h. General Summary: all other issues, evaluations, suggestions for improvements. Page 17 of 18 249 of 3458 Pass and Ticket Sales Report (if applicable): number of tickets and passes sold by each vendor over the last month. Reports for the municipal circulator service shall be detailed by day and tabulated for the month. 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. 28. YEARLY SUMMARY REPORTS. Yearly Summary Report for municipal 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). 29. SUBMISSION OF INVOICES. Invoices and supporting documents for Services (or portions thereof) satisfactorily rendered for the previous month, shall be submitted by the 15", day of each month to the Transportation Department (Attention: Transportation Director or his/her designee), 1700 Convention Center Drive, 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 Director or his/her designee, 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 1511 day of the subsequent month. The itemized invoice shall follow a format approved by the CITY. b. Net amount due. The charge for municipal circulator service minus the time scheduled vehicles were out of service shall be submitted as the amount due the CONTRACTOR. The CITY imposed Performance Penalties, if any, shall be deducted from this amount. c. Debits and credits. The itemized invoice shall be supported by documents (in excel and pdf format as approved by the CITY previous to launch date) the documents shall include corresponding service hours, ridership, service miles, vehicle IDs as may be required by the CITY to establish that the amounts are allowable. Debits and credits shall be itemized so that the total required has an understandable base. Debits would include actual working days total per vehicle by hours, costs for extra runs beyond normal schedules (specify use, dates, and hours), and/or costs for extra operating hours caused by daylight savings time adjustments. Credits should be shown for out of service hours per vehicle. d. Open records. All invoices and related records will be available for inspection and/or independent audit at the election of the CITY. e. An excel version of the invoice, in addition to a signed hard copy, shall be provided to the CITY for data management purposes. 30. 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 18 of 18 250 of 3458 FXHIRIT 11A-9" AMBASSADOR -STYLE CUSTOMER SERVICE 1. Contractor shall make the Ambassador Style Costumer Service part of the overall training required for its employees. Contractor personnel interacting with the public shall be expected to deliver excellent customer service and represent the City's mission statement: "We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community". All drivers, dispatchers, and road supervisors employed by the Contractor when addressing passengers are expected to: a. Greet our passengers with a smile at all times b. Engage passengers whenever possible by greeting them and respectfully conversing with them c. Thank passengers for using the Municipal Circulator Service and invite them to use it again in the future d. Help passengers with physical difficulties and/or disabilities to get in and out of the vehicle e. Wait for all passengers to be properly seated prior to moving the vehicle f. Not miss any Trolley stop or passenger. If there is a full vehicle, drivers must stop at the Trolley stop and inform the waiting passengers that they will have to wait for the next vehicle to arrive due to a full vehicle; advise passengers of the location of next vehicle. g. Make a point of waiting a few seconds at the Trolley stop if you see a nearby passenger rushing and waiving to catch the vehicle. This also applies on days with inclement weather, when passengers may be waiting for the vehicle at dry locations instead of the actual Trolley stop. h. Have knowledge of the route i. Identify best locations to idle as to avoid blocking to other vehicles whenever possible j. Have knowledge of the City of Miami Beach landmarks k. Have knowledge of the major events dates and locations as to guide tourists I. Have knowledge of Miami -Dade Transit System well, being able to provide guidance to connecting routes m. Not eat, drink, smoke, or play loud music inside the vehicles n. Not text or talk on their cellphones while driving o. Announce stops, major intersections and direction of travel as to guide visually impaired passengers p. Provide accurate and understandable answers to passengers questions and/or requests. If the driver cannot provide an answer to a passenger and/or service - related question, direct customer to the City of Miami Beach designated customer service phone number or representative. In addition, the driver's body language (mannerism) should always denote his willingness to cooperate with the passenger. q. Be well groomed; wear City's branded uniform and identification tags. 251 of 3458 r. Be trained in the special skills required to provide transportation to elderly and disabled passengers s. Understand the urge and importance of maintaining the established headways (on- +i>fie performance) t. Communicate with other drivers and dispatchers on a regular basis to maintain proper headways u. Not drive faster than 20 MPH at any given time v. Not leave passengers inside vehicle while on break w. Be on route during regular service hours (unless on break) x. Communicate issues, accidents, breakdowns immediately to their superiors y. At least once every two hours, check the climate controlled temperature and the volume of the radio throughout the vehicle to ensure they are acceptable to the passengers, and finally briefly engage with the passengers before resuming driving activities. z. If the City provides time sensitive information intended to target passengers, drivers are required to promote and disclose such information immediately. aa. Not be rude or aggressive towards a passenger AT ANY TIME. bb. Be apologetic on behalf of the City when issues arise. Drivers must be communicating on radios at all times. If bunching issues occur, they must assess the situation and react accordingly. It may be possible for one driver to slow down at every stop while the other one expedites the pace. Recommendations to further improve the customer service experience of the riders can be communicated to: City of Miami Beach, Transportation & Mobility Department 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Transportation Director or his/her designee 252 of 3458 EXHIBIT "A-2" AMORTIZATION SCHEDULE 253 of 3458 EXHIBIT "A-3" 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. The Contractor shall take all reasonable actions requested by the City to promptly correct any deficiencies in performance. Upon determination by the City of a failure to meet an established performance measure, a written notification will be delivered to the Contractor's home office 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. 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) 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) Page 1 of 3 254 of 3458 6. 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) 7. 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) 8. Sanitation: • $100 per recorded event (Any case in excess of one event per month) 9. 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. 10. Reliability: • $ per recorded event • The on -time performance goal for all routes is set at 80%. Any instance where headways exceed the target by 5 minutes or more will be considered non -compliant. The method of calculating on -time performance is described in Exhibit 1", attached hereto. 11. Vehicle Advertising • $1,000 per recorded event (Any case in excess of one event per month) 12. Mystery Rider Performance Standards and Penalties To ensure high -quality transit service delivery, the City operates Mystery Rider Program that independently assesses vendor performance across key service areas. Scores are assigned using a standardized scale from 1.0 (Excellent) to 6.0 (Poor), with an overall performance goal of 1.5 or better (i.e. a score less than 1.5). This Exhibit outlines the expectations and consequences tied to the vendor's performance in the following four categories: a. Appearance/Cleanliness b. Customer Service c. Safety d. Maintenance If the Contractor receives a quarterly average Mystery Rider score above 1.5 in any of the four applicable categories, the City reserves the right to impose financial penalties pro -rated monthly as follows: Number of Categories Above 1.5 Penalty (per month until corrective action) 1 Category $ 1,000 2 Categories $ 2,500 3 Cate ories $ 5,000 4 Categories $ 7,500 Page 2 of 3 255 of 3458 The City will provide the Contractor with the full Mystery Rider Report within five (5) business days of receipt. The Contractor will have ten (10) business days to submit a Corrective Action Plan (CAP) addressing deficiencies. If no CAP is submitted or if corrective actions are not implemented in a timely manner, penalties will be ensliced starting with the next monthly invoice. Page 3 of 3 256 of 3458 EXHIBIT "A-4" OPERATING SCHEDULE(S) The CONCESSIONAIRE shall provide trolley service in accordance with the following operating schedules. All routes shall operate 365 days per year, seven (7) days per week, for twelve (12) consecutive hours per day, from 8:00 a.m. to 8:00 p.m. 1. South Beach Routes Fleet Assignment: Eight (8) vehicles Vehicle Type: 30' Gillig Diesel Bus 2. Middle Beach Loop • Fleet Assignment: Four (4) vehicles • Vehicle Type: 30' Gillig Diesel Bus 3. Collins Express • Fleet Assignment: Six (6) vehicles • Vehicle Type: 40' Gillig Diesel Bus 4. North Beach Loop • Fleet Assignment: Three (3) vehicles • Vehicle Type: 30' Gillig Diesel Bus Transition Period Schedule: During the transition period, while the CONCESSIONAIRE is operating the existing fleet prior to full deployment of the new Gillig vehicles, all routes shall operate 365 days per year, seven (7) days per week, for fifteen (15) consecutive hours per day, from 8 00 a.m. to 11:00 p.m. 257 of 3458 TROLLEY CONNECTION NORTH COLLINSBEACH LOOP EXPRESS N W E S 85 ST W Q z 0 P, 79 ST Q 7 �1 77 ST 4 v� Z W Y 88 ST 85 ST 81 ST 77 ST 73 ST 72 ST 69 ST © 67 ST 65 ST 258 of 3458 TROLLEY CONNECTIONS COLLINS MIDDLE EXPRESS BEACH LOOP MIDDLE SOUTH BEACH © BEACH LOOP LOOP COLLINS SOUTH EXPRESS LOOP ISLAND AVE VENETIAN CSWY 20 ST 18 ST OaO��`VO 17 ST a r LINCOLN RD o 4J o z 16 ST 15TERRACE Q a 15 ST a 14 TERRACE Lil )q ST ZE 0 war ?q sT ?3 st ??st ?p ST21 St 117 ST LINCOLN RD �p 0 4 259 of 3458 a matkum a TROLLEY CONNECTIONS NORTH COLUNS REACH © EXPRESS LOOP I COLLINS MIDDLE © iiii EXPRESS BEACH LOOP MIDDLE SOUTH BEACH BEACH LOOP LOOP COLLMI5 SOUTH EXPRESS 0 LOOP a! 'i r tll►♦ MR 119 MUD M +; 1 t(f[igl rm 19 [WAN" =, 6ST f IS TEtw t} ISSi 5 I/TIVAE I/Si $ 7ST l2 ST IIR 260,'&T 3458 aR 9S S? OR P i 5 /�, �iIR fig 77R 5 749 T1R © RR T st UR tS R umw O 0 SOUTH BEACH LOOP - A Clockwise I I �r K 2357 nST 70A77n Ili ST' . ISLAND ME i 17 Si 11 ST �5- YEMTTIAN (SWY UN(OIN RD IIN(O.N RD � 165T I TERRACE ISST ., 14 TFRUVC4 14 ST i I3 ST {2ST 1151 lost 9 ST R ST _o ` 69 Ssl Y1OLLNr com"Mam �SOUTN rOErTE of M;DNi SOUTH MAC. © 81AC" .00P LOO► clacum OCMElf © SWCPJM ??st aE Y s7� y 2D Sl Aos ?I IB ISLAND AYE 4 i 175T � I7ST EIII(DEN RD MOO RD VENETIAN (SWY W 16 ST � 1 15 TERRA(E 1 14 TERRA(E 14 ST s �` � 1351 i 12 51 11 ST ST MST }ST { ST 6 ST S S1 S: t TrAMST CONNACTIONS ~I l SOU211 ''O" iOoo�vy SRgIM 10MfIE 6t SOUTH �j 1xM(g �M aiiEA 261 of 3458 EXHIBIT "B" RATES FOR SPECIAL EVENTS For Special Events requested by the City, the following hourly rates and minimum service hours shall apply. All rates are inclusive of vehicle, driver, fuel, insurance, and all operating expenses unless otherwise specified. Vehicle Type Coach Buses Older Gillig Coaches 22-Passenger Minibus 16-Passenger Minibus Refurbished Low -Floor Trolley Hourly Rate $125.00 $100.00 $75.00 $70.00 $96.63 Minimum Hours 5 hours 4 hours 4 hours 4 hours 4 hours 262 of 3458 EXHIBIT "C" FEE SCHEDULE 1. FEES: As consideration to the CONTRACTOR for providing trolley services under this Agreement, the CITY shall compensate the CONTRACTOR on a monthly basis for services rendered, based on a fixed hourly rate. The applicable hourly rate shall depend on the type of vehicle placed into service and is structured to recognize that the CITY will undergo a transition period while awaiting delivery of the new Gillig diesel fleet. The following sections define the rates for: A. Existing Fleet (Current Operations During Transition Period), and B. New Gillig Diesel Fleet (Upon Commissioning of New Vehicles). A. HOURLY RATES FOR EXISTING FLEET (TRANSITION PERIOD) Until the CITY places new Gillig diesel buses into service, the CONTRACTOR shall operate the CITY's existing trolley fleet. During this transition period, the following hourly rates shall apply per vehicle, per service hour, inclusive of all labor, drivers, maintenance, fuel, equipment, insurance, licensing, administrative support, and all other incidental items required for turnkey trolley operations. Between Between Between Between Between Monthly Service Hours 10,777— 8,757— 6,736-8,756 4,715-6,735 2,694-41714 for Combined Fleet 16,165 hrs 1 10,776 hrs hrs hrs hrs Hourly Rate for High - Floor & Modified High- $65.8 $$72.49 $78.21 $88.85 $115.43 Floor Trolley Vehicles Hourly Rate for Low- $77.35 $84.03 $89.75 $100.39 $126.97 Floor Trolley Vehicles These rates shall remain in effect only for the duration of the transition period, defined as the period in which the CITY's existing trolley vehicles remain in revenue service. B. HOURLY RATE FOR NEW GILLIG DIESEL VEHICLES Upon commissioning of each new Gillig diesel bus into revenue service, whether 30-foot or 40-foot, the following hourly rate shall apply only to those vehicles: New Vehicle Turnkey Operating Rate: $137.17 per operating hour The operating hourly rate assumes service is provided 12 hours per day, 365 days per year, over a seven-year contract term. This rate applies to: • Seventeen (17) 30-foot Gillig Diesel Buses • Six (6) 40-foot Gillig Diesel Buses 263 of 3458 • Three (3) refurbished low -floor Hometown trolleys from the current fleet (spares that will be used as a last resort) Total fleet: twenty-five (25) vehicles, of which twenty-one (21) will be in daily operation and five (5) will be maintained as active spares. The CITY will deploy 15 of the new 30-foot vehicles and all 6 new 40-foot vehicles to meet the 21- vehicle daily operating requirement, assigned as follows: • South Beach Loops: 8 x 30' buses • Middle Beach Loop: 4 x 30' buses • North Beach Loop: 3 x 30' buses • Collins Express: 6 x 40' buses The remaining two (2) Gillig 30' buses and three (3) refurbished low -floor Hometown trolleys will constitute the spare fleet. 264 of 3458 EXHIBIT "D" FEMA PROVISIONS FOR CONTRACTS D1. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS D2. BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION FORM D3. SUSPENSION AND DEBARMENT CERTIFICATION FORM 265 of 3458 Exhibit D-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 266 of 3458 action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or reor0ment advertising, layo.f or termination, rates of pay I*r 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 MUC 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. 267 of 3458 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, "1 abor StHndards 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 tirne spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1Kii) 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 (GK1) 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 I4OURS AND SAFETY STANDARDS ACT OF 1962, 40 U.S.C. §§ 3702 AND 3704. 268 of 3458 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 mer-',naNcs 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 expedrnental, 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 tine 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 at. 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. 269 of 3458 (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 G.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 mquiremPnts 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 ollicer 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. RECYCLE DPRODUCTS/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 Rocovory Act (42 U.S.C. § 6962), 270 of 3458 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-procire ment-quideline- 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. 271 of 3458 0. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contactor 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 DI -IS 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. 272 of 3458 Exhibit D-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 certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Contractor: Date Signed: Authorized Representative (Name): Authorized Representative (Signature): 273 of 3458 Exhibit D-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 Certification. Contractor. Authorized Representative (Name): Date Signed: Authorized Representative (Signature): 274 of 3458 EXHIBIT "E" OVERSIGHT MONITORING PLAN Quarterly Meetings The CITY and CONTRACTOR shall meet quarterly to review safety data, safety issues and other outstanding issues and concerns. The CONTRACTOR shall provide the following for these quarterly meetings: • Ridership data; • On time performance data; • Quarterly training records; • Safety Data Sheet (SDS) documentation; • Safety data (crashes, injuries, fatalities); • Operational or service issues, routing or driving concerns; • Vehicle Maintenance and service concerns; • Driver qualifications, training, licensing, and medical examinations; • Any FDOT updates; • Vehicle recall and warranty information; • Review and update of any complaints and disposition, service related, Title VI, ADA, DBE; • Any CDC updates; • Ongoing accidents and investigations; • Random inspections will also be conducted as needed for the above items. Monthly Meetings In addition, monthly coordination calls or virtual check -ins will be conducted to address operational issues in real time. All records related to oversight activities, including inspections, audits, meetings, surveys, incident reports, and corrective actions, will be maintained in a centralized file by the CITY to ensure accountability and long-term program integrity. The subject and purpose of these calls is coordination on any priority concerns, check for ongoing or recurring issues, verify operational status and needs, and get minor updates in between the quarterly meetings. The log sheet will be updated for each call, with follow up actions highlighted in the log. The log sheet shall include at a minimum: date and time, staff involved, priority issues or concerns, ongoing status update, recurring subjects, safety items, records/reports, action and date of closeout. Emergency Events There are times when events dictate immediate or timely contact and/or notice by the CONTRACTOR. Emergency events, accidents, rider incidents, complaints of a certain nature, or other events require the CONTRACTOR to contact the CITY with certain information and within a specified timeframe. All of these contacts likely require some level of coordination, follow up actions, written reports, and/or additional tracking. In these cases, all such calls shall be logged in the monthly call log, for tracking, monitoring, and historic records. There shall be a closeout notation and date when appropriate. Compliance 275 of 3458 The CONTRACTOR shall fully cooperate with all aspects of this oversight program by providing requested records, participating in evaluations and meetings, and responding to any identified deficiencies. Required documentation, including SDS journals, maintenance logs, and employee certifications, must be submitted within three (3) business days of a CITY request, either in person or electronically to the City's Transportation and Mobility Director or his/her designee. All records related to oversight activities, including inspections, audits, meetings, surveys, incident reports, and corrective actions, will be maintained in a centralized file by the CITY to ensure accountability and long-term program integrity. 276 of 3458 EXHIBIT "F" ANTI -HUMAN TRAFFICKING AFFIDAVIT Contract Number and Title In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Contractor hereby attests under penalty of perjury that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Contractor CONTRACTOR: Name/Title: State of County of a corporation. (Address) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 2025 by as of a corporation, known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC -- (Signature) (Print Name) My commission expires: 277 of 3458 EXHIBIT "G" PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Contractor, hereby attests under penalty of perjury that Contractor does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) Contractor is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in Contractor; or (c) Contractor is organized under the laws of or has its principal place of business in a foreign country of concern. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Contractor. CONTRACTOR: a Name/Title.- State of County of _ corporation. (Address) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of _ 202_ by as of ,a person described herein, or who produced identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: corporation, known to me to be the as 278 of 3458 O-tm atan JD 1 JI. 2024 City of Miami Beach Trolley Optimization Plan Purpose and Objectives Evaluate all aspects of the Trolley service Survey passengers and general public Identify opportunities to improve service Maintain current cost Help prepare for new service contract «e -I• rrr— M1 � i I .. Miami Beach Trolley System r LMND .' ■ow �...•2! VVOO S5 Established in 2015 to Consists of 4 Contracted to LSF, a 0If i provide a transit option interconnected routes Miami -based M On for residents and transportation company. Ca visitors. . r Q� . .. Current annual cost is $9.2 million per year. Pre -pandemic annual cost was $12.1 million. Service reduced by 20% Augments Miami Dade since 2019. Transit service, not intended to replace. 281 of 3458 Trolley Optimization Plan Approach o� Evaluation r Field Observations Passenger and Online Survey * Interviews with Staff and Service Vendor �► Operating Materials Review Data Review o, Focus Areas r Service Design Operations Vehicles Customer Service 282 of 3458 Trollev Optimization Plan Genera( Findings Very productive service, high ridership Important part of City's transportation systen Receives extremely high satisfaction ratings Good value for City's investment Well managed 283 of 3458 Trolley Optimization Plan -Survey Results 53% Resident 72% Resident 284 of 3458 Trolley Optimization Plan -Survey Results 57% LEISURE 39% LEISURE ;.4' 285 of 3458 i OVERALL SATISFACTION OF ONBOARD RESPONDENTS COMPARED TO 4% IN 2019, Trolley Optimization Plan - Survey Results What would encourage you to ride the Trolley? by percentage of respondents More frequent service Better information on how to use the Trolley Attractive bus stops Extended hours of operation If Trolley was faster than driving Improved bus stop amenities I would never use the Trolley 4rx 30% 2394 14% M 1x 0% lox Rq, 287 of 3458 Trollev Optimization Play Opportunities for Improvement Route and service design Reliability and service frequency Vehicles better suited to the service Customer service - better communication w customers 288 of 3458 Trolley Optimization Plan Opportunities for Improvement -Service De Increase service frequency on all four routes Current frequency inadequate for unscheduled service Restore service to 2019 levels - goal of under 15-minutf frequency Collins Express and South Beach experience overcrowdi Simplify loop routes by reducing diversions and to 289 of 3458 Trcallev Ontimization Plan Opportunities for Improvement - Service Design North Beach Alternative 2 Removes loop pattern north of 71 st in favor of bidirectional service for more direct trips and avoids service duplication on Collins Ave. Removes overall loop pattern in favor of direct trips to Normandy Isle and Biscayne Point from the Abbott Ave/65th St/Collins Ave area. — Peak headways would be 6 minutes more than existing 20 minutes OR requires additional vehicles to meet current or target frequencies. Mvk� Qath Rt O Layover Stop with Restroom Access Q Layover Stop w10 3t Restroom Access Microtransit Hub R _ Segments for Removal St Proposed Route yam, Microtransit Zone — Route circulates around Abbott Ave/65th st St/Collins Ave twice on a single run. 290 of 3458 Trolley Optimization P Opportunities for Improv Middle Beach Alternative 1 + Shortens route on south end to remove duplication of service with South Beach Loop. Route improves headways for 15- to 18- minute headways OR allows reallocating one vehicle to another route. — Fifty percent of existing trips would have their trips served with a one -seat ride. All other trips would require a transfer to reach areas west of 1 Th Street and Washington Ave. 291 of 3458 Trolley Optimization Plan Opportunities for Improvement - Service Design South Beach Loop Simplify route by reducing turns + Improves running time for South Beach Loop B Discontinues fixed route service to Belle Isle and replaces with microtransit South Beach Loop A South Beach Loop in �,ds 20rh Sr D'�� ?r7rh Sr i 17th St Lincoln Rd Lincoln Ri x w Cr y T 16th St Q 16th St N U U 11th St 11th St 0 Q Q Q 6th St Layover Stop with 6th St { m 0 � 5th St Q Restroom Access 51h St Layover Stop wlo URestroom Access ® Microtransit Hub Segments for Removal South Pointe Dr Proposed Route South Pointe Dr Microtransit Zone ® Additional Microtransit a Zone { 292 of 3458 0 Trolley Optimization Plan Opportunities for Improvement - Service Design Collins Express + 2 vehicles for No routing changes recommended target Increased frequency the priority frequency through adding vehicles 293 of 3458 ^�° Optimization Plaf-i Opportunities for Improvement - Service Design Microtransit Effective in filling fixed route service gaps Proposed to add Belle Isle into service area Cannot replace fixed route service efficiently 294 of 3458 Trolley Optimization Plan Summary of Recommended Service Revisions Existing Service Route Daily Ridership Vehicles Cost North Beach 1,140 3 $1,380,000 Middle Beach 1,540 4 $1,840,000 South Beach A 4 $1,840,000 3,170 South Beach B 4 $1,840,000 Collins Express 3,650 6 $2,759,000 Total System 9,500 21 $9,659,000 High Service Level Headway Vehicles Cost 19 6 $2,759,000 23 6 $2,759,000 18 6 $2,759,000 21 6 $2,759,000 16 8 $3,679,000 32 $14,715,000 Recommended Service Change Headway Vehicles Cost Headway 13 5 $2,300,000 16 11 5 $2,300,000 13 12 5 $1,300,000 14 12 5 $2,300,000 14 13 8 $3,679,000 13 28 $12,879,000 295 of 3458 Trolley OntiMi7a-tion Plan Opportunities for Improvement -Operations Improved headway adherence Revise schedules for realistic running times More reliable technology to control operations Revised operating procedures Revised contract provisions Constructive penalty clauses Vehicles More reliable vehicles engineered for transit service Reduced passenger loading times 296 of 3458 Trolley Optimization Plan Opportunities for Improvement - Contractual Current contract is detailed and inclusive Contract management is effective Contract penalties are not effective currently Revise penalty clauses to be constructive 297 of 3458 Trollev Optimization PIr.. Opportunities for Improvement -Vehicles Acquire vehicles suited to the servic demands High rate of mechanical road ca Reduced passenger loading time 2 door vehicles ,- Enhanced passenger comfort Continue to pursue grants to acquire vehicles Financial benefits Short term -- revise contractual requirements for vehicles 298 of 3458 Plan Opportunities for Improvement - Customer Service Require drivers to speak English and Spanish Require more driver communication for unplanned stops Advertise the City of Miami Beach eGov app and future Transit App Address "slow" driving through improved operations Enforce policy on curbing the bus and create SOP for obstacles at the stop Coordinate with other agencies on needs for homeless individuals or unruly passengers 299 of 3458 Trolley Optimization Pic' Existing and New Performance Measures Reliability On Time Performance Safety Et Security Mystery Rider reporting on safety practices r Collision rate Cost Effectiveness Ridership by route ► Cost per passenger Customer Service Complaint responses Mystery Rider reportinc service standards Crowding on vehicles Complaint rate Vehicle Maintenance Vehicle appearance an( cleanliness Mystery Rider reportinc mechanical reliability ► Miles Between Road Ca 300 of 3458 Trolley Optimization Plan Opportunities for Improvement - Service Desigr North Beach Alternative 1 Removes loop pattern in favor of bidirectional service north of 71 St for more direct trips F± faster travel times. 4- Doubles service on Hawthorne and Dickens and removes duplication of service on Collins Ave. — Peak headways would be 2-3 minutes more than existing 20 minutes OR requires an additional vehicle to meet current frequencies. nzrn-,eoll ARIh Rt st 5t ME St ©layover Stop with Restroom Access Layover Stop w/o Restroom Access • Microtransit Hub Segments for Re"val Proposed Route Microtransit Zone 301 of 3458 Trolley Optimization Plan Opportunities for Improvement -Service Design Middle Beach Alternative 2 Shortens route to 4151 Street corridor. Route reduction improves headways by 10 minutes OR allows reallocating one vehicle to another route. — Sixteen percent of existing trips would have their trips served with a one -seat ride. All other trips would require one or two transfers �—� 4 Ist St Layover Stop with Restroom Access r 38th St . Layover Stop Wo r Restroom Access . Microtransit Hub Segments for Removal Ua Proposed Route Microtronsit Zone 26th st �a � 2p`h 1 nh St a Lincoln Rd 302 of 3458 Procurement Requests - C2 E MIAMI BEACH COMMISSION MEMORANDUM PTO: Honorable Mayor and Members of the City Commission FROM: Rickelle Williams, Interim City Manager DATE: June 26, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO INVITATION TO NEGOTIATE NO. 2024-008-ND, FOR MUNICIPAL CIRCULATOR SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO SIMULTANEOUS NEGOTIATIONS WITH WEDRIVEU, INC., AS THE TOP -RANKED PROPOSER AND LIMOUSINES OF SOUTH FLORIDA, INC., AND MV TRANSPORTATION, INC., AS THE TIED SECOND RANKED PROPOSERS; AND FURTHER REQUIRING THAT THE FINAL SELECTION AND NEGOTIATED AGREEMENT(S) BE SUBJECT TO THE PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION. (TRANSPORTATION AND MOBILITY) RECOMMENDATION It is recommended that the Mayor and City Commission ("City Commission") approve the resolution accepting the City Manager's recommendation pursuant to ITN 2024-008-ND for Municipal Circulator Services, authorizing the City Administration ("Administration") to enter into simultaneous negotiations with WeDriveU, Inc. as the top -ranked proposer, and with Limousines of South Florida, Inc. and MV Transportation, Inc. as the tied second -ranked proposers. The resolution requires that the final selection and negotiated agreement(s) be subject to the prior approval of the City Commission. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY At the April 30, 2014, City Commission meeting, the City Commission approved the request to award a contract, pursuant to Invitation to Bid ("ITB") 2014-154-SR, to Limousines of South Florida. Inc. ("LSF") for turnkey trolley operations and maintenance services. The original scope of work consisted of a fixed route and fixed schedule public transportation service to enhance mobility in the North Beach area of the City of Miami Beach ("City"). During the contract term, the scope of work was modified to include three (3) additional routes (Collins Express, Middle Beach Loop, and South Beach Loops). In addition, the scope of work was modified to include optional technology equipment, including, but not limited to, automated audio/visual stop announcement equipment and TV monitors with the capability of displaying public advertisements. For approximately ten (10) years. the City has had a contract with LSF for the operation, management, and maintenance of a turnkey, first-class public trolley transportation system consisting of traditional Hometown Trolleys. In advance of the LSF contract expiring on August 19, 2023, the Administration brought an item to the March 27, 2023, City Commission meeting for the approval to issue ITN 2023-198-ND for Municipal Circulator Services. The City Commission did not approve the ITN and instead directed the Administration to issue a Request for Information ("RFI") and to bring back an item to the April 28, 2023, City Commission meeting to extend the current contract with LSF until a future solicitation process is ultimately completed. On April 28, 2023, the City Commission authorized a month -to -month extension of the current LSF contract until a new contract is executed and all services have been transitioned. 303 of 3458 The RFI was released on May 8. 2023, and closed on June 20. 2023. The RFI aimed to gather information from vendors of smaller alternative electric vehicles, focusing on innovative technology in the transportation industry. Five (5) vendors submitted in response to the RFI as follows. • Motiv provided information on low -floor. electric Hometown Trolleys. • LSF provided information regarding low -floor, electric/diesel Hometown Trolleys and micro -transit vehicles, including Tesla Model 3, Ford E-Transit (electric vans). and Polaris LSV (electric golf -carts), offering a mix of electric and conventional fuel vehicles to meet various transit needs. • Via. Freebee. and Circuit provided information related exclusively to micro -transit vehicles for flexible/on-demand transit services within the City. On a parallel path, in June 2023, the City engaged HNTB ("Consultant"), one of the City's pre - qualified rotational transportation consultants, to perform a trolley service efficiency study (the "Study") entitled "Trolley Optimization Plan" including a trolley passenger survey to help inform the replacement solicitation. The Study made several key recommendations including, but not limited to: • Affirming the alignments of the current trolley routes (North Beach Loop, Collins Express, Middle Beach Loop, and South Beach Loops A and B) are appropriate based on adjacent land uses/densities and passenger demand (i.e. ridership). • Acquiring low -floor, medium to heavy-duty transit vehicles engineered for high passenger demand service to reduce breakdowns and service interruptions and improve service reliability. It is worth noting that in the mass transit industry, trolleys are not considered heavy-duty vehicles and have a shorter service life span than most buses used by mass transit agencies. • Acquiring higher capacity vehicles (i.e. buses) and/or increasing the number of vehicles in service to improve service reliability and relieve the over -crowding that often occurs on some routes. particularly the Collins Express. • Acquiring double -door transit vehicles (with doors at the front and rear of the vehicles) to improve the efficiency of passenger boarding/alighting, specifically on the highly -used Collins Express and South Beach Loops. • Increasing the frequency of service to 15 minutes on all routes (i.e. restoring service to 2019 pre -pandemic levels) to reduce passenger wait times, and simplifying some of the existing routes by eliminating circuitous diversions to improve service efficiency. • Leveraging on -demand transit service via micro -transit vehicles to feed the circulator services and serve as a first/last mile solution, particularly in low -demand residential neighborhoods. Attachment A includes the Trolley Optimization Plan Executive Summary presentation. To provide the highest quality of service in the most cost-effective and environmentally responsible manner for the City's residents, visitors, and workforce employees, the Administration crafted the solicitation in the most unconstrained fashion to allow interested parties to propose various vehicle types (i.e. buses, trolleys, and micro -transit) and fuel/propulsion types (i.e. electric, compressed natural gas ("CNG"), hybrid, and conventional fossil fuels (i.e. gasoline and diesel). Accordingly, the City issued an ITN that would allow for various innovative proposals, as well as negotiations with more than one (1) firm. ANALYSIS On February 21, 2024, the Mayor and the City Commission authorized the issuance of ITN No. 2024-008-ND, for municipal circulator services. On February 23, 2024, the ITN was issued. A voluntary pre -proposal conference to provide information to prospective proposers was held on 304 of 3458 March 25, 2024. Five (5) addenda were issued, and 53 prospective bidders accessed the advertised solicitation. ITN responses were due and received on May 17, 2024. The City received a total of seven (7) proposals from the following firms: • Academy Bus LLC • Beefree, LLC D/B/A Freebee • Circuit Transit, Inc. • Limousines of South Florida, Inc. • MV Transportation, Inc. • River North Transit LLC • WeDriveU. Inc. On May 23, 2024, the City Manager appointed the Evaluation Committee ("Committee") via Letter to Commission ("LTC") # 196-2024. The Evaluation Committee convened on May 24, 2024 to consider proposals received. The Committee was comprised of Matthew R. Anderson, Assistant Director, Mobility and Sustainability Department, City of Coral Gables, Marc Chevalier, Risk Manager, Human Resources Department, City of Miami Beach; Shirley Forero, Transportation Analyst, Public Works Department, City of Doral; Aliette Fournie, Marketing, Tourism and Development Manager. Office of Marketing and Communications, City of Miami Beach; Linda Morris, Chief of Service Planning and Scheduling, Department of Transportation and Public Works, Miami -Dade County; Leslie Rosenfeld, Chief Education Officer, Office of Education and Performance Initiatives, City of Miami Beach; and Mikhail Ryabov, Transportation Manager, Transportation and Mobility Department, City of Miami Beach. The Committee was provided an overview of the project and information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the ITN. The evaluation process resulted in the ranking of proposers as indicated in Attachment B. The Evaluation Committee resulted in WeDriveU, Inc. ("WeDriveU") being ranked the top proposer and Limousines of South Florida, Inc. ("LSF"), and MV Transportation, Inc. ("MV") tied as second -ranked proposers due to the firms' extensive experience providing municipal circulator services. The Committee highlighted that WeDriveU aims to be entirely emissions -free by 2040, and currently operates multiple zero -emissions fleets across the nation, including in the City of Hallandale Beach. WeDriveU's experience includes both launching new services and transitioning existing fleets to zero -emissions. The Committee also noted that WeDriveU's fleet includes Passio, a Computer -Aided Dispatch/Automatic Vehicle Location ("CAD/AVU) solution. Passio's GPS-based message progression helps eliminate driver distraction and promotes safer driving habits. Passio GO, a user-friendly app. offers real-time data alerts for vehicle arrivals and departures. Finally, the Committee noted that WeDriveU's fleet includes Samsara Dash Cams. which identify high -risk driving behaviors that could endanger operators, passengers, and other road users. The Committee emphasized that LSF has an existing facility in Miami -Dade County that would be used to provide the City's transit operations, and the facility could potentially be updated to incorporate charging stations with the assistance of Florida Power and Light ("FPU) and engaging with a Washington, D.C. lobbying firm to assist in submitting a grant application for the Biden- Harris Administration's Expansion of Clean Transportation Across American Communities Grant offered by the Joint Office of Energy and Transportation. The Committee also noted that LSF's proposal includes advertising opportunities that would generate additional revenue streams through Outfront Media, the City's current trolley advertising provider. Finally, the Committee commended LSF's comprehensive training for all operators and operations staff, which reflects its commitment to safety, customer service, regulatory compliance, and continuous improvement in delivering reliable transportation services. 305 of 3458 The Committee noted that MV, in order to comply with the City's Zero -Emission Fleet Transition Plan, proposes a Zero Emissions Team that has conducted multiple electric fleet transitions and selections across 64 California contracts that underwent a similar time -sensitive transition. Thus. MV is prepared to provide superior recommendations on the City's future eco-friendly fleet by leveraging its years of industry experience and its Original Equipment Manufacturer ("OEM") relationships when procuring and maintaining the City's fleet. Additionally, the Committee highlighted the Professional Services team proposed by MV to support the City in non -operational but critical areas such as micro -transit s,„em design, system planning and run -cutting.. zero emissions support, and Information Technology ("IT") transitions. The Committee also noted MV's thorough transition plan and its prior experience in a transition process with LSF for another municipality. WeDriveU is the leader in transportation solutions for communities, campuses, and workplaces. It offers a full range of shuttle and transit solutions, including fixed -route public transit, paratransit, commuter shuttles, demand -responsive solutions, and charters. It is part of a global mobility provider, Mobico Group. and a family of companies serving nearly one billion annual bus and rail passenger journeys in 11 countries. WeDriveU has a proven track record of successfully providing professional transportation operation, management, and maintenance services to public and private agencies across the U.S., including similar transportation systems for the City of Hallandale Beach in Florida, Kern County Transit in California, Bis-Man Transit in North Dakota, and Princeton University in New Jersey. All references provided positive feedback. LSF is a locally -owned and operated business founded in 1984. LSF's mission is to provide the best transportation solution to its partners, clients, and riders. LSF strives to be aware of the latest technology, industry trends, and innovations in order to provide better operation performance, service quality, and results. Throughout its years in business, LSF has built long-lasting and strong partnerships with its clients, customers, employees, communities, and vendors. LSF has provided citywide trolley services to the City for approximately a decade, and the City is satisfied with LSF's work and has offered positive feedback. In addition, LSF provides trolley services to other municipalities, such as Miami -Dade County and the City of Miami. All client references provided positive feedback. MV is a national leader with more than 48 years of experience transforming transportation systems, with 138 contracts across the U.S. that rely on its expertise to deliver community mobility services. MV currently runs the largest all -electric (battery) bus fleet in the United States. MV provides safe, reliable. and affordable transportation services, partnering with over 200 city and county government transit agencies. With eight (8) operations in Florida, MV is well -versed in the region's compliance with state standards for transit services. MV's closest transit operations to Miami Beach are in the cities of Coral Gables and Hialeah. All client references provided positive feedback. After reviewing the submissions and the Committee's rankings and commentary, the Administration recommends entering into simultaneous negotiations with WeDriveU, Inc. as the top -ranked proposer, and with Limousines of South Florida, Inc. and MV Transportation. Inc. as the tied second -ranked proposers. FISCAL IMPACT STATEMENT The annual cost associated with the current (i.e. reduced) level of citywide trolley service in Fiscal Year 2024/2025 is approximately $9.3 million and funded through the following three (3) funding sources 106 Transportation Fund = $2,063,000 187 People's Transportation Plan ("PTP") Fund = $6,166,000 FDOT Grant (75%/25%) = $1,075,579 TOTAL FUNDING: $9,304,579 306 of 3458 It is important to note that the annual cost of the prospective municipal circulator services resulting from this ITN is not known at this time and will be negotiated with the selected proposer(s). Furthermore, while the PTP and Transportation funds are anticipated to be recurring funding sources for future circulator services, the FDOT grant funds are awarded on a discretionary basis and, thus, should not be considered as an annually recurring allocation. FINANCIAL INFORMATION CONCLUSION Based on the foregoing, it is recommended that the City Commission approve the Resolution authorizing the Administration to enter into simultaneous negotiations with WeDriveU, Inc. as the top -ranked proposer, and with Limousines of South Florida, Inc. and MV Transportation, Inc. as the tied second -ranked proposers; and further requiring that the final selection and negotiated agreement(s) be subject to the prior approval of the City Commission. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): N/A Department Procurement Sponsor(s) Co-sponsor(s) 307 of 3458 RESOLUTION NO. 2024-33084 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO INVITATION TO NEGOTIATE NO. 2024-008- ND, FOR MUNICIPAL CIRCULATOR SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO SIMULTANEOUS NEGOTIATIONS WITH WEDRIVEU, INC., AS THE TOP -RANKED PROPOSER; AND LIMOUSINES OF SOUTH FLORIDA, INC., AND MV TRANSPORTATION, INC. AS THE TIED SECOND -RANKED PROPOSERS; AND FURTHER REQUIRING THAT THE FINAL SELECTION AND NEGOTIATED AGREEMENT(S) BE SUBJECT TO THE PRIOR ADVISORY REVIEW BY THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE AND THE APPROVAL OF MAYOR AND CITY COMMISSION WHEREAS, on February 21, 2024, the Mayor and City Commission approved the issuance of the Invitation to Negotiate (ITN) No. 2024-008-ND for Municipal Circulator Services, and WHEREAS, Invitation to Negotiate No 2024-008-ND (the "ITN") was released on February 23, 2024: and WHEREAS, a voluntary pre-proposai meeting was held on March 25, 2024; and WHEREAS, on May 17, 2024, the City received seven (7) proposals from Academy Bus LLC, Befree, LLC D/B/A Freebee, Circuit Transit Inc., Limousines of South Florida, Inc., MV Transportation, Inc., River North Transit LLC, and The WeDriveU, Inc.; and WHEREAS, on May 23, 2024, The City Manager, via Letter to Commission No. 196- 2024, appointed an Evaluation Committee consisting of the following individuals. Matthew R. Anderson, Assistant Director, Mobility and Sustainability Department, City of Coral Gables; Marc Chevalier, Risk Manager, Human Resources Department; Shirley Forero, Transportation Analyst, Public Works Department, City of Doral; Aliette Fournie, Marketing Tourism and Development Manager, Office of Marketing and Communications; Linda Morris, Chief of Service Planning and Scheduling, Department of Transportation and Public Works, Miami -Dade County; Leslie Rosenfeld, Chief Education Officer, Office of Education and Performance Initiatives, and Mikhail Ryabov, Transportation Manager, Transportation and Mobility Department; and WHEREAS, the Evaluation Committee convened on May 24, 2024, to review and score the proposals, and WHEREAS, the Evaluation Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the ITN; and WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as follows: WeDriveU, Inc., as the top -ranked proposer; Limousines of South Florida, Inc. and MV Transportation, Inc.. as the tied second -ranked proposers; Academy Bus LLC, as the fourth - ranked proposer; River North Transit LLC, as the fifth -ranked proposer; Befree, LLC D/B/A 308 of 3458 Freebee and Circuit Transit Inc., as the tied sixth -ranked proposers; and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and analysis, the City Manager concurs with the Evaluation Committee and recommends that the Mayor and City Commission authorize the Administration to enter into simultaneous negotiations with WeDriveU, Inc., as the top -ranked propo:,:,r; and Limousines of South Florida, Inc., and MV Transportation, Inc., as the tied second -ranked proposers; and further requiring that the final selection and negotiated agreement(s) be subject to the prior approval of the Finance and Economic Resiliency Committee and the Mayor and City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Invitation to Negotiate (ITN) No. 2024-008-ND for Municipal Circulator Services; authorize the Administration to enter into simultaneous negotiations with WeDriveU, Inc., as the top -ranked proposer; and Limousines of South Florida, Inc., and MV Transportation, Inc., as the tied second -ranked proposers; and further require that the final selection and negotiated agreement(s) be subject to the prior advisory review by the Finance and Economic Resiliency Committee and approval of the Mayor and City Commission. PASSED AND ADOPTED this ATTEST: r JUL 1 M4 Rafael E. Granado, City Clerk day of 2024. Z4teven Meiner, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney = Date 309 of 3458 OVERVIEW The GILLIG Emissions Impact Calculator is a third -party validated resource developed to provide a robust analysis of the environmental benefits of replacing existing fleets with new Clean Diesel, CNG, Hybrid Electric, or Battery Electric buses. Leveraging data from the FfA, EPA, DOE, and Argonne National Laboratories, the calculator estimates total carbon dioxide equivalent (CO2e) or 'greenhouse gas' emissions across the entire life -cycle of each bus, from raw material extraction and manufacturing to daily operation and eventual recycling or disposal, as well as the NOx and Particulate Matter (PM) emissions made by buses while in-service. SCENARIO Miami Beach Transit, located in Miami Beach, FL (Zip Code: 33139) is looking to replace 26 (twenty-six) 2015 diesel buses with 26 (twenty-six) new GILLIG buses, but have not decided on propulsion type and are looking to compare new Clean Diesel, Hybrid -Electric, & CNG buses. We have used the GREET model average for 2015 Diesel buses as 3.75 mpg. WHY THIS MATTERS At GILLIG, our mission is to improve quality of life by designing, building, and supporting transformative mass transit solutions. Sustainability is integral to this mission, shaping how we operate, innovate, and collaborate. While our business naturally reduces congestion and enhances mobility for all —benefiting both communities and the planet —we go further by actively fostering a cleaner, healthier environment through our buses and best practices. Reducing greenhouse gas ("GHG") emissions is critical in the fight against climate change and is our collective responsibility to both present and future generations. These emissions, primarily carbon dioxide and methane (CO2e), contribute to the greenhouse effect, leading to rising global temperatures, extreme weather events, and ecological disturbances. Similarly, particle pollution —also known as particulate matter or soot —is a deadly and growing threat to public health in communities around the world. Individual fine particles are too small to be visible, but when pollution levels are high, they can make the air appear thick and hazy. NOx and Particulate Matter contribute to local particle pollution formation and can have a wide range of negative health impacts including asthma attacks, heart attacks, strokes, and premature death.' 310 of 3458 GREENHOUSE GAS :32% REDUCTION IN CO2e For Miami Beach replacing 26 older diesel buses with 26 new GILLIG Clean Diesel buses will significantly reduce greenhouse gas emissions by 32%, made possible by the latest innovations and improvements in vehicle performance and engine technology. LIFETIME CARBON EMISSIONS (MT COZe) OLDBUS • UPSTREAM NEW Bus • MANUFACTURING 8� TRANSPORT ■ USE PHASE OF BUS a END OF LIFE 0 10,000 20,000 30,000 40,000 50,000 SAVES 1:39944 METRIC TONS OF COZe Miami Beach's new GILLIG Clean Diesel buses would cut 13944 metric tons of CO2a over their lifespan — or 536 metric tons saved per bus compared to the vehicles they replaced. MEASURING WHAT MATTERS: FULL LIFE -CYCLE EMISSIONS EQUIVALENT TO 3249 CARS OFF THE ROAD Reducing 13,944 metric tons of COse is equivalent to removing 3249 cars from the road for an entire year. When paired with the inherent benefits of public transit — where a single bus can take dozens of cars off the road during peak hours —the overall environmental impact is even more substantial. GILLIG's Emissions Impact Calculator measures the full life -cycle impact of each bus —from raw materials to end -of -life —using third -party validated data to provide an accurate estimation of total greenhouse gas emissions, far beyond those produced by daily operation alone. UPSTREAM RAW ALL MAN'. DISTRIBUTION MATERIALS COMPONENTS TO GILLIG BUILDING & DELIVERY �s PRODUCTION ALL ENERGY, FUEL, WASTE DELIVEF PROCESSES PROCESSING IN BUILOIt" _ OFatl END OF LIFE ":4Ursa 0 RECYCLING OR DISPOSAL OF VEHICLE 6 VEHICLE PARTS VNC. BATTERIES) AT EOL IN SERUICE USE PHASE (DUTY CYCLE) 4� EMISSIONS DURING OPERATIONAL LIFE (12 YEARS v 500DOO MILES) MAINTAINANCE RAW MATERIALS 6 REPAIR .��.�..—� & GENERATgN OF CHARGING POWER NOx 91% DECREASE OF NOx Switching from older diesel buses to GILLIG Clean Diesel reduces NOx emissions by over 91%, delivering a major improvement in air quality. This significant reduction highlights the advancements in clean diesel technology and reinforces GILLIG's commitment to more sustainable transit solutions. NOX EMISSIONS IN USE PHASE (KG) OLD BUS NEW . BUS 0 20,000 40,000 60,000 PARTICULATE MATTER (PM) 845% DECREASE OF PM Switching from older diesel buses to GILLIG Clean Diesel reduces PM emissions by over 85%, significantly improving air quality and reducing negative health impacts associated with particle pollution. 60,000 PM EMISSIONS IN USE PHASE (KG) OLD BUS NEW - Bus OLD BUS NEW BUS GREENHOUSE GAS 32% REDUCTION IN CO2e For Miami Beach, replacing 26 older diesel buses with 26 new GILLIG Hybrid Electric buses will reduce greenhouse gas emissions by at least 32%, depending on use of the Hybrid Electric's innovative regenerative breaking and up to 10 miles of zero emission geofencing technology. LIFETIME CARBON EMISSIONS (MT CO2e) O 10,000 20,000 SAVES 13,965 METRIC TONS OF CO2e ■ UPSTREAM ■ MANUFACTURING & TRANSPORT ■ USE PHASE OF BUS ■ END OF LIFE EQUIVALENT TO 32454 CARS OFF THE ROAD Miami Beach's new GILLIG Hybrid Electric buses would cut 13,965 Reducing 13,965 metric tons of CO2e is equivalent to metric tons of CO2e over their lifespan — or 537 metric tons removing 3254 cars from the road for an entire year. saved per bus compared to the vehicles they replaced. PARTICULATE MATTER (PM) 99% DECREASE OF PM Switching from older diesel buses to GILLIG Hybrid Electric reduces PM emissions by nearly 99%, significantly improving air quality and reducing negative health impacts associated with particle pollution. PM EMISSIONS IN USE PHASE (KG) OLD Bus NOx NO, EMISSIONS IN USE PHASE (KG) OLD Bus NEW ■ Bus 0 20,000 40,000 60,000 80,000 91% DECREASE OF NOx Switching from older diesel buses to GILLIG Hybrid Electric New reduces NOx emissions by over 92%, delivering a Bus major improvement in air quality, equivalent to reducing O the annual NOx output of 28344 fireplaces. GREENHOUSE GAS 13% REDUCTION IN CO2e For Miami Beach, replacing 26 older diesel buses with 26 new GILLIG CNG buses will reduce greenhouse gas emissions by nearly 13%, due to the higher carbon intensity of CNG gas. Using renewable Natural Gas (RNG) would reduce the CO2e impact further. LIFETIME CARBON EMISSIONS (MT CO2e) OLD BUS ■ UPSTREAM ■ MANUFACTURING & TRANSPORT ■ USE PHASE OF BUS NEW BUS ■ END OF LIFE O 10,000 20,000 30.000 40,000 50,000 SAVES 5598 METRIC TONS OF G02e EQUIVALENT TO 1:304 CARS OFF THE ROAD Miami Beach's new GILLIG CNG buses would cut 5598 metric Reducing 5598 metric tons of CO2e is equivalent to tons of COse over their lifespan — or 215 metric tons saved per removing 1304 cars from the road for an entire year. bus compared to the vehicles they replaced. PARTICULATE MATTER (PM) NOx 100% DECREASE OF PM Switching from older diesel buses to GILLIG CNG reduces PM emissions by 100%, significantly improving air quality and reducing negative health impacts associated with particle pollution. PM EMISSIONS IN USE PHASE (KG) OLD BUS NOx EMISSIONS IN USE PHASE (KG) OLD Bus NEW Bus 99,09% DECREASE OF NOx Switching from older diesel buses to GILLIG CNG NEW BUS reduces NOx emissions by over 99.9%, delivering a major improvement in air quality, equivalent to reducing 0 5o 100 ISO the annual NOx output of 30866 fireplaces. Gillig Trolley Clean Diesel -.0000000ftw- -00 Ln Ln 00 :1 W a1 O W A Ln 00 Key Contractual Terms Summary Vehicles and Hourly Gillig Trolley (Clean Diesel, 40'): $141.07 Gillig Trolley (Clean Diesel, 40'): $127.99 Gillig Trolley (Clean Diesel, 40'): $182.S5 Rates StartCraft Van: $130.97 StartCraft Van: $69.75 StartCraft Van: $160.79 Transition Plan Proposed an interim fleet of 2009 New Flyer 40' Buses. Staged replacement once the first vehicles are ready. TBD Cost -Saving Revenue share from advertising (Vendor TBD). Plus, Revenue share from advertising (Outfront Media). Revenue share from advertising (potentially with Initiatives hire a consultant for grant support. Assistance with grants. Lamar Advertising). Assistance with grants. Contractor Facility Potential leased facility at 415 NE 62nd St, Miami, FL Owned facility at 3737 NW 431d Street, Miami, FL 33142. Potential facility at 3611 NW S River Dr, Miami, FL 33138 — Don't have LOI- 33142 — Has LOL This Facility has Administrative and Communications 23,700 sq.ft. will be sufficient to establish there (3) Offices, above -ground Fuel Tanks, Automatic Bus 20,000 sq.ft. with three (3) maintenance bays. MV maintenance bays and one (1) wash bay. EV Wash, Full ASE Certified Maintenance Department (with has planned to fuel mobile wet -hose every evening infrastructure can be installed in the future. EV Certified Master Technicians), and complete Parts and hire 31d party for vehicle cleaning. EV and Tire Department. EV infrastructure can be installed in infrastructure can be installed in the future. (approx. 17 mins away) the future (already engaged with FPL). (approx. 25 mins away) (approx. 19 mins away) Public/City Benefit N/A LSF proposed to refurbish the existing fleet (at no cost to N/A the City) of five (5) low -floor trolleys and use them as spares or for special events Other Requires board approval for capital expenditure to Can place the order for new vehicles as soon as the N/A purchase vehicles and execute the agreement with Notice -to -Proceed is received. the City. Option to buy existing fleet from LSF for transition period. 10 { K e E IGSA • < *. 'Ill MTV <` f RO . Y