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Exhibit SUB
ir At; di4. aectr?E4/. 64/hi/ PROFESSIONAL SERVICES AGREEMENT BETWEEN LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF MIAMI, FLORIDA FOR MUNICIPAL TROLLEY OPERATIONS SERVICES FOR THE CITY OF MIAMI This Professional Services Agreement ("Agreement") entered into this day of , 2012, by and between the City of Miami, Florida, ("City"), a municipal corporation organized and existing under and by virtue of the laws of the State of Florida, 444 SW 2nd Avenue, Miami, Florida 33130 and, Limousines of South Florida, Inc. ("LSF" or "LSF Shuttle" or "Contractor"), a Florida corporation, having its principal place of business at 2595 NW 38t1i Street, Miami, FL, 33142. WHEREAS, the 2010 Florida Legislature enacted CS/HB 1271, codified as Fla. Stat. §212.055(1), as amended, in order to allow Transit Surtax funds for the planning, development, construction, operation, and maintenance of bus systems; and WHEREAS, pursuant to Miami -Dade County Ordinance No. 02-116, as amended March 15, 2011 transit services in the nature of circulator buses is an eligible expense from the Charter County Transportation System Surtax funds (Transit Surtax); and WHEREAS, the City finds it desirable to provide transit services to the residents of Miami for improved mobility, enhanced accessibility, and to support local businesses and residents; and WHEREAS, the service is completely or partially funded from the City's share of the Transit Surtax and not the General Fund; and WHEREAS, the City of Miami, Florida advertised Request for Proposals for a contract for trolley services, RFP No. 256244, 1; and WHEREAS, on April 29, 2011 and June 2, 2011, the Evaluation Committee convened and selected Limousines of South Florida, Inc. as the most qualified, responsive and responsible proposer; and WHEREAS, the City awarded the contract to Limousines of South Florida, Inc. pursuant to Miami, Florida, Resolution No. R-12-0010 (January 12, 2012); and WHEREAS, the Contractor, familiar with the Scope of Work required hereunder that comprises the Request for Proposal and the Contract specifications and having expressed its desire and willingness to provide such professional services and having presented their qualifications to the City; and WIIEREAS, the City agrees to enter into this agreement with the Contractor and the Contractor agrees to accept employment under the terms and conditions set forth herein. _S (('" ll 1P NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: 2Wal I. DEFINITIONS All terms used in this Agreement shall be defined in accordance with the Rules of Construction and Definitions, Section (2.4) of the Request for Proposal, hereinafter referred to as "RFP," unless stated below. "ADA" shall mean the Americans with Disabilities Act. The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local govemunent services, and telecommunications. "Addenda/Addendum" shall mean written or graphic instruments issued prior to the Proposal Opening which modify or interpret the Contract Documents by additions, deletions, clarifications, modifications, or corrections. "Agreement" shall mean the executed contract between the City and the Contractor. "Agreement Documents" shall mean the Professional Services Agreement, the Request for Proposal and the Response by the Contractor to the Request for Proposal as those teens are defined and identified in this Agreement. "Agreement Documents" is synonymous with the trade term "Contract Documents." "Charter Service" shall mean service as defined in Federal Transit Administration ("FTA"), Final Rule on Charter Service as amended. "Circulator" shall mean fixed route or semi -fixed route public transportation circulator services where at least seventy (70%) percent of the route is within the City and said circulator service is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the code of Miami -Dade County. May also be known as "Trolley". "City" shall mean the City of Miami, Florida. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager. "City Commission" shall mean the legislative body of the City. "City Manager" shall mean the Chief Executive Officer and Administrator of the City. "Contractor" shall mean Limousines of South Florida, Inc. who is the Contractor performing the specified professional services under this Agreement. 3 P a. g e "Contract Documents" shall mean any documents ( e.g. RFP, etc.) which are specifically stipulated as being included in the Agreement. "County" shall mean Miami -Dade County, a political subdivision of the State of Florida "CSD" shall mean the Consumer Services Department of Miami -Dade County "Director" shall mean the Director of the City of Miami Capital Improvements Projects Department or the Director's authorized designee. "Fares" for the trolley service shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by City Ordinance and as may be amended from time to time by the Miami City Commission. "FDOT" shall mean the Florida Department of Transportation and authorized representatives thereof. "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR Section 5335(a), as may be amended from time to time, and found in the National Transit Database Reporting Manual published by the FTA. "FTA" shall mean the Federal Transit Administration, its rules and regulations, and authorized representatives thereof. "In -Service" shall mean the time during which a trolley is in en -route, or authorized detours, and stopping to load and unload passengers, or such other times a trolley is available for use by the general public, or as otherwise specified for the benefit of the City. "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof. "Notice To Proceed" shall mean the same as "Authorization to Proceed." A duly authorized written letter or written directive issued by the Director acknowledging that all applicable conditions precedent to commencement of the services have been met and/or directing that the Contractor may begin the services. Notwithstanding any provision to the contrary, a Notice to Proceed for In -Service operations will not be issued until an Interlocal Agreement for the Provision of Public Transportation Services has been executed by the City and the County. "Out -of -Service" shall mean all times other than when the trolley is In -Service. Out -of - Service shall include all time spent driving to the beginning point on the route or moving trolleys from one route to another route or location, or any such time not expressly approved by the City as In -Service. "Professional Services Agreement" (PSA) shall mean this Agreement between the City and the Contractor, as it may be amended from time to time. 4I ) ue "Project Manager" shall mean an employee or representative of the City assigned by the Director to manage and monitor the Services to be performed under this Agreement. "Proper Invoice" shall mean an invoice that conforms to all statutory requirements under Florida's Prompt Payment Act, §218.70, et. seq., Fla. Stat., as amended and all requirements specified by the local governmental entity to which the invoice is submitted. Such requirements must be included in the Agreement for the project for which the invoice is submitted. "PTRD" shall refer to the Passenger Transportation Regulatory division of CSD. "Response to The Request for Proposal ("RFP") shall mean the Response by the Contractor to RFP 256244, 1. "Request for Proposal" ("RFP") shall mean City of Miami RFP 256244, 1, RFP for Trolley Services as amended by any Addendums. "Risk Administrator" shall mean the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. "Scope of Services" or "Services" shall mean a comprehensive description of the activities, tasks, design features, objectives, deliverables and milestones required for the completion of Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations and authorized representatives thereof. 5 I P II. INITIAL TERM AND RENEWAL OPTIONS The term of this agreement shall be five (5) years of operation of service commencing on the date stated upon the issuance of a Notice to Proceed, which will specify the date on which the Contractor shall commence Services/Transition of Services pursuant to this Agreement. The City retains the option to extend this Contract for five (5) additional one (1) year periods, upon further approval of the City Commission. Each renewal of this Contract is subject to City Commission approval, availability of funds, all other terms and conditions of the Agreement, and continued satisfactory performance compliance with the specifications, terms and conditions established in Section 3. Specification in RFP. All activities as described in the Scope of Services shall be undertaken, performed and completed within the term provided herein. This Agreement will be in effect during the tern indicated above. The City reserves the right to modify the service level above or below that specified in the agreement. If the proposed increase or decrease in the service is greater than 20% of the original RFP service levels, based on service hours, then the price will be re -negotiated between the City and the Contractor. III. PRIORITY OF PROVISIONS 3.0 If there is a conflict with the Request for Proposal and/or the Response to Request for Proposal and this Agreement, this Agreement shall in all cases prevail. The City reserves the right to resolve any contradictions and to correct any errors contained in its proposal documents. Any conflicts between the Request for Proposal and Addendum shall be resolved in favor of the provisions of this Agreement. If there is a conflict or inconsistency between any tern, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Agreement Documents by reference and a term, the response prepared by the Contractor, , or provision of the Agreement Documents the following order of precedence shall apply: 3.1 In the event of conflicts in the Agreement Documents the priorities stated below shall govern; • Revisions (Amendments) to the Agreement which are executed shall govern over the Agreement. • The Agreement shall govern over the RFP, any Addendum to the RFP, and the RFP Response. • The RFP shall govern over the RFP Response 6IPage IV. SCOPE OF AGREEMENT IN GENERAL 4.0 The professional services to be performed by the Contractor are contained in the Request for Proposal RFP No. 256244,1 with Addendum No. 1 issued on March 4, 2011 (Sec Composite Exhibit "A") and the Response to Request for Proposal RFP No. 256244,1 (See Composite Exhibit "B"). The City acting by and through the Director or the Director's authorized designee reserves the right to resolve any contradictions and to correct any errors contained in its proposal documents. 4.1 The City will utilize its own trolleys to provide a fixed route service and a charter trolley service. The City shall initially provide twelve (12) Trolleys to the Contractor which shall be considered the "basic fleet" for use solely for the provision of Trolley Services. The trolleys are owned by the City, and the Contractor shall NOT utilize the Trolleys for any other use except as expressly authorized by this Agreement. The Contractor agrees to provide professional services and personnel in connection with the operation of the City of Miami Trolley System. 4.2 In the event the Contractor is asked to provide Minibuses with minimum seating capacity of 25 passengers, the Contractor agrees to provide suitable Minibuses in good mechanical condition and safe operating condition, in conformity with all applicable local, state, and federal safety regulations for additional services as requested by the City. The Contractor agrees to provide additional Minibuses with a (30) day notice. The provided Minibuses shall operate as integral part of the City's service and may only carry advertisements and other material provided by the City. 4.3 The Contractor agrees to initiate the Trolley service within 30 days of Notice to Proceed. 4.4 The City shall provide to the Contractor all diesel fuel necessary for the City -owned Trolleys. Diesel fuel shall be provided from the City fuel facility located at the following address, 1390 N.W. 20 Street, Miami, FL. The fuel facility can be relocated anywhere in the City at the City's discretion. The Contractor shall not use fuel provided by the City for any purpose other than the provision of Trolley Services and for the City -owned vehicles only. The Contractor agrees to abide by the fuel auditing requirement to be determined by the City. 4.5 The City shall furnish and install fuel collars on all its Trolleys at the City's cost. 4.6 The Contractor shall provide all diesel fuel necessary for mini buses provided by the Contractor. 7IPage 4.7 Contractor shall provide Trolley Services within the City and its adjacent areas according to a schedule determined by the City, as may he adjusted or amended from time to time. The City shall be responsible for designation of route alignments and transit stops. The transit stops to be established by the City shall include, but shall not be limited to, existing Miami -Dade Transit bus stops. Contractor shall only use designated and authorized stops along the established route alignments. 4.8 Contractor shall provide Trolley Services a minimum of five (5) days per week and a maximum of seven (7) days per week. Contractor shall provide Trolley Services at a minimum of four (4) hours per day per vehicle and a maximum of eighteen (18) hours per day per vehicle. 4.9 The City retains the right to amend route alignments, stop locations, or hours of in-service operation from time to time at the discretion of the City Commission or the City Manager. No Trolley Services shall be provided on the holidays determined by the City. 4.10 The City shall provide operating schedules and Trolley blocks and will be responsible for any adjustments or changes to the schedules. The Contractor may alter the proposed Trolley blocks, but must submit any changes to the City for approval prior to implementation. The Contractor will be responsible for all drivers scheduling. 4.11 The City may charge a fare for Trolley Services at its discretion and, in such instances; the Contractor shall be responsible for collecting the fare and adhering to a fare collection system prescribed by the City. The City shall provide a fare collection system that will be a fare box with vaults that can be removed and delivered to the City by the Contractor. The Contractor shall be responsible for fare collection equipment training. The Contractor shall be responsible for safely transferring fare box collections to personnel authorized by the City at a schedule determined by the City staff. Security of fare collection system is the responsibility of the Contractor until they are delivered to and received by the City. Accurate passenger counts by trip and fare category will be taken daily, and will be delivered to the City along with fare vaults. All costs related to fare collection training, fare collection, and transfer of fare box shall be assumed by the Contractor. 4.12 The Contractor agrees to assist the City and the City Project Manager in ensuring that the City comply with Articles 2.1 through 2.11, 3.1 through 3.7, 3.12, 4.1, 4.2, Article 5, Articles 6.3, 8.2, 8.3, and 8.4 and other applicable provisions of the of the Interlocal Agreement between Miami -Dade Transit Agency and the City of Miami (See Exhibit "C"). 4.13 The City retains the option to expand the Trolley Services at a later date by procuring more trolleys. Contractor agrees to provide services and personnel to such service expansion according to the terrns outlined in this Agreement. 8 I P 4.14 From time to time, the City Manager or the Director may request that the Contractor operate the transportation service beyond the fixed route schedule. This additional service may include, but will not be limited to, extended hours of service, and/or special routings during special events or to assist during periods after a natural disaster. The Contractor will provide the service as directed by the City and will be compensated at the hourly rate included in Section V. The Contractor shall make available to the City, upon seventy-two (72) hours advance notice by the City Manager, Director, or the Director's designee. The Contractor agrees to provide vehicles and personnel to operate additional service. 4.15 The Contractor shall provide radio cormnunication in each vehicle and a base station at the dispatch location and GPS tracking in all vehicles. Such GPS services shall be made available to the City at no cost and the City shall have remote and on -site access to such devices at all times. The Contractor agrees to assist the City in implementation a web -based real-time tracking service by providing required information and by updating software. at no cost to the City. 4.16 The City will be allowed to sell and install advertising on the interior and exterior of the City -owned or Contractor -owned vehicles in-service for the Trolley service. The cost for production will be at the cost to the City and all revenues for advertising will be retained by the City. The Contractor freely, knowingly and voluntarily affirms that all advertizing will be permitted / approved by the City, and the City will retain and collect all revenues from such advertizing. 4.17 The Contractor shall be responsible for the maintenance, repairs, and secure storage of the Trolleys. Regular maintenance and repairs shall be performed in accordance with the Trolley Manufacturers' suggested maintenance guidelines, and such maintenance guidelines are to be provided by City. Contractor is responsible for the repairs of accidents at the City's approval. The City retains the right to inspect and approve repairs during and after repairs have been performed. The Contractor shall provide advance information to the City Project Manager of maintenance and repair exceeding $1,000. 4.18 The Contractor shall be responsible for returning the City owned vehicles in a safe, usable, and operable condition at the end of the Agreement period, less normal wear and tear. 4.19 The Contractor shall at all times maintain trolleys in good mechanical condition and safe operating condition, and in conformity with all applicable local, state, and federal safety laws, rules and regulations. Standards of performance for cleanliness, mechanical reliability, and interior and exterior cosmetic appearance will be developed by the City prior to the implementation of the trolley service. The Contractor will clean and fumigate the Trolleys. The Contractor shall clean the interior of the Trolleys on a daily basis and the exterior once a week. The Contractor will be expected to adhere to these standards. 9P a 4.20 The Contractor will ensure that vehicles are operated safely and in a manner that will prevent excessive wear and tear. Any indication of abuse of the Trolleys noted by the City will be brought to the attention of the Contractor for corrective action. Repairs made necessary as a result of abusive operation of the equipment by the Contractor's personnel will be billed to the Contractor. 4.21 The Contractor shall notify the City Project Manager of any service irregularity which will include, but not be limited to, accidents, incidents, complaints, service delays and schedule adherence problems, GPS operation, and farebox malfunctions. Notification should not be more than one hour after an incident involving personal injury and/or property damage and should occur by the end of the service day for other incidents. Verbal notification must be followed by written documentation from the Contractor to the City. 4.22 The Contractor shall implement and maintain fonnal and expedient procedures to respond to all trolley service accidents, disturbances, passenger injuries or fatalities, and any other service interruptions or failures. These shall be reported to the City in a timely manner. All traffic accidents involving trolley service vehicles, irrespective of injury or damage, shall be immediately reported to the City of Miami Police Department. The Contractor shall advise the City of Miami Police Department of the accident and request a police unit to investigate the accident and the City of Miami Police Department ID Unit to photograph the scene. The City Project Manager shall be immediately notified by telephone by the Contractor of any accident or incident, especially those resulting in injury, in loss or damage to the City and/or private property. Written notification shall follow within 24 hours. This written notification shall describe the sequence of events and include reports by driver, attendant, witness, etc. Further, fatalities are to be report verbally to FDOT within 24 hours of the incident, followed with a written report within the next 24 hours. Contractor is responsible for the repairs of accidents at the City's approval. The City retains the right to inspect and approve repairs during and after repairs have been performed. 4.23 The Contractor shall implement a written dispute resolution process for the rapid resolution of passenger complaints regarding the bus services. The Contractor shall document passenger complaints and describe any actions taken to resolve such complaints and verbally report to the City Project Manager the complaints and actions taken within the same business day of any complaint and in writing within 24 hours. 4.24 The Contractor agrees to abide by the service performance measures and performance thresholds to be determined the City. The Contractor shall collect and maintain service related data. If the Contractor is unable to meet the service performance measures, the City shall provide a 30-day cure notice followed by a 30-day period to cure. The City retains the right to renegotiate or terminate the Agreement if the Contractor fails to satisfactorily address a notice to cure. 4.25 The drivers employed by the Contractor for the purpose of providing the Trolley services shall be licensed commercial drivers with a passenger endorsement, in 101P compliance with City of Miami, Miami -Dade County, Florida, and the State of Florida. All drivers shall be employees of the Contractor. The Contractor shall ensure that all drivers are familiar with all policies and procedures, regardless of distribution of written materials to same. The City may send a representative to any of the Contractor's driver training classes to present the City's vision of what is expected of the transit system at no cost to the City. Drivers shall be fully trained in defensive and vehicle handling at no cost to the City. 4.26 Drivers shall be trained in the special skills required to provide transportation to elderly and disabled passengers. Drivers shall assist passengers needing assistance in boarding, alighting, and movement within the vehicles to ensure safe transportation. 4.27 Regularly assigned drivers or trained back-up drivers shall be available and on time daily to ensure consistent and reliable service. Passengers must never be kept waiting, except where schedules are maintained. 4.28 Drivers shall be dressed and groomed appropriately and they shall be in a uniform acceptable to the City. Drivers shall wear identification tags clearly displaying their first name only while performing their duties. Each driver and Trolley shall have an accurate timepiece available and in clear sight at all times during vehicle operation. Drivers are required to have a thorough knowledge of traffic regulations along the route and the schedule time points. Drivers need to be sensitive to ridership comforts, such as the interior temperature on their respective vehicle, cleanliness of vehicles, etc. 4.29 It is highly desirable that any person hired by the Contractor for this agreement be bilingual in English and Spanish. The Contractor will establish and maintain an effective driver safety program, an occupational health and safety program, a drug testing and awareness program and will maintain a drug -free workplace that meets FTA guidelines. In addition to operating and supervising the service, the Contractor's personnel will be responsible for distribution of passenger information materials and periodic surveys on the Trolleys and in the field, as necessary. 4.30 The Contractor shall provide knowledgeable, effective supervisory staff to support the Trolley Service. The Contractor will recruit, hire, train and employ supervisory personnel, including a site manager, dispatchers and road supervisors for the purpose of overseeing the operation of service, and to ensure safe, reliable Trolley Service. All project personnel employed by the Contractor shall maintain a professional, courteous attitude, answering to the best of their ability any passenger questions regarding the provision of service. Discourtesy, rudeness or the use of profanity will not be tolerated and shall be grounds for immediate removal of the offending employee from performing work within the program. Drivers and dispatchers shall accurately complete and submit the required operating reports daily. All personnel shall be required to attend quality/safety workshops as required by the City up to a maximum of eight hours per year per employee. The Contractor shall provide manuals related to personnel policies and age procedures, and maintain an employee acknowledgment file with employee signature indicating they have read and fully understand its contents. 4.31 For the purposes of the ongoing operation of the transit system, the Contractor's point of contact will be the City Capital Improvements Director or a person assigned by the City Capital Improvements Director. Contractor input will be solicited for adjustments in running times and must report any ongoing schedule adherence problems. The Contractor shall be responsible for periodic reporting as established in agreement. V. COMPENSATION The Contractor agrees to provide the Trolley service at the following rates: The rate for trolleys provided by the City: 1. Year 1: $27.97 per in-service hour 2. Year 2: $27.97 per in-service hour 3. Year 3 $28.67 per in-service hour 4. Year 4 $29.39 per in-service hour 5. Year 5 $30.13 per in-service hour 6. Year 6 $30.89 per in-service hour 7. Year 7 $31.68 per in-service hour 8. Year 8 $32.39 per in-service hour 9. Year 9 $33.20 per in-service hour 10. Year 10 $34.03 per in-service hour The rate for the mini buses provided by the Contractor shall be $45.09 per in-service hour. Invoices are generally paid within 30 days of receipt for services rendered and verified as accurate by the City. If the City does not pay an accurate, verified invoice within 30 days, the Contractor shall provide written notice and an opportunity to cure within 15 days of receipt of such notice. The Contractor must obtain prior written approval of the City prior to performing services that are outside the Scope of Services in this agreement. VI. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Contractor shall comply with all applicable laws, ordinances, codes, rules and regulations of federal, state and local governments, including the City, relating to the Trolley transportation service. VII. LABOR STANDARDS The Contractor shall assume any and all liability and responsibility concerning labor standards under this Agreement. VIII. NOTICES 121 age All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY Johnny Martinez, P.E., City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 IX. OWNERSHIP OF DOCUMENTS VENDOR Vasti Amaro, Senior Vicc President Limousines of South Florida, Inc 3300 SW. 11th Ave. Fort Lauderdale, FL 33142 954-463-0845 All documents developed in relation to the performance of the work done under this Agreement by the Contractor shall be delivered to the City upon completion of the services required and shall become the property of City, without restriction or limitation of its use. The Contractor agrees that all documents maintained and generated hereto shall be subject to the applicable provisions of the Public Records Law, Chapter 119, and Florida Statutes. X. AWARD OF AGREEMENT The Contractor warrants that it has not employed or retained any person employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. XI. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. XIII. INDEMNIFICATION Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and costs, including, but not 131Page limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, regarding injuries or damages arising in any way out of, or resulting from, the Contractor's performance of the professional services described in the Scope of Services, the permitted work required under this Contract, or the performance of this Contract, even if it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Contractor shall, upon written notice from City, defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnifications provided above shall obligate Contractor to defend, at its own sole expense, to and through appellate, supplemental or bankruptcy proceeding, to provide for such defense, any and all claims of liability and all suits and actions of every name and description which may be brought against the City within the scope of the above -described indemnifications. These indemnifications will survive the cancellation or expiration of the Contract. These indemnifications will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes, as amended and as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of these indemnifications, the receipt and sufficiency of which is acknowledged by the Contractor. XIV. CONFLICT OF INTEREST 14.1 Contractor covenants that no person under its employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal financial interests, direct or indirect, with the Contractor. Contractor further covenants that, in the performance of the Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of the Contractor or its employees must be disclosed in writing to the City. 14Iage 14.2 Contractor is aware of the conflict of interest laws of the City, Miami City Code §2-611, Miami -Dade County, Florida, Miami -Dade County Code § 2-11.1; and the State of Florida, Chapter 112, Part III, Florida Statutes, as amended, and agrees that it shall fully comply in all respects with the terms of said laws. XV. INDEPENDENT CONTRACTOR Contractor, its employees, agents or representatives, shall be deemed to be independent contractors and not agents or employees of the City and shall not attain any rights or benefits under the civil service or pension ordinances of the City, or any rights generally afforded classified or unclassified employees. Contractor, its employees, agents or representatives, shall not be entitled to Florida Workers' Compensation benefits as an employee of the City. XVI. INSURANCE Within ten (10) days after the execution of this Contract by both parties, and throughout the term of this Contract, the Contractor shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements." The City shall be listed as an "Additional Insured." This Contract is contingent upon the receipt of proper insurance documents required by this Contract. The Contractor shall furnish to the City of Miami c/o Risk Management, 444 SW 2nd Avenue, 9th Floor, Miami FL, 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meet the requirements as outlined below: INSURANCE REQUIREMENTS -MUNICIPAL TROLLEY OPERATION SERVICES Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required • City of Miami included as an additional insured • Miami Dade County listed as an additional insured • Contingent and Contractual liability • Premises & Operations Liability • Primary Insurance Clause Endorsement 151Pag Business Automobile Liability A. Limits of Liability • Bodily Injury and Property Damage Liability • Combined Single Limit • Any Auto/Owned Autos/Scheduled • Including Hired, Borrowed or Non -Owned Autos • Any One Accident $ 1,000,000 B. Endorsements Required • City of Miami included as an Additional Insured • Miami Dade County listed as an additional insured Worker's Compensation • Limits of Liability • Statutory -State of Florida • Waiver of subrogation Employer's Liability A. Limits of Liability • $1,000,000 for bodily injury caused by an accident, each accident. • $1,000,000 for bodily injury caused by disease, each employee • $1,000,000 for bodily injury caused by disease, policy limit Umbrella Policy/Excess Liability (Excess Following Form) A. Limits of Liability • Bodily Injury and Property Damage Liability • Each Occurrence $5,000,000 • Aggregate $5,000,000 B. Endorsements Required • City of Miami listed as an additional insured • Miami Dade County listed as an additional insured • Coverage Physical Damage Coverage • Collision $1,000 Deductible • Other than Collision/Combined Additional • Coverage • City of Miami and Miami Dade County listed as loss payees $1,000 Deductible Contractor is responsible for insuring the Trolleys against physical damage and for payment of any deductible. 16 I: Fidelity Bond $10,000 • City of Miami listed as loss payee • City of Miami and Miami Dade County listed as loss payees The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Department of Risk Management further reserves the right to request additional insurance coverage, as may be deemed applicable. XVII. TERMINATION The City Manager on behalf of the City of Miami reserves the right to terminate this contract by 30 day written notice to the contractor effective the date specified in the notice should any one of the following apply: 17.1. The Contractor is determined by the City to be in breach of any of the terms and conditions of the Agreement or of any other Agreement the Contractor has with a Florida public agency 17.2. The City Manager has determined that such termination will be in the best interest of the City to terminate the Agreement for its own convenience; 17. 3. Funds are not available or allocated to cover the cost of the goods and/or services reduction of funds or a change in applicable laws or regulations. The City's obligation is contingent upon the availability and allocation of appropriate funds and applicable regulations. 17.4. The Contractor is debarred by the City or by another Florida public agency. 17.5 Contractor fails to satisfactorily address a notice to cure. 17IPag XVIII. NONDISCRIMINATION The Contractor agrees as indicated in the RFP (section 1.54, Nondiscrimination) that it shall not discriminate as to race, color, creed, national origin, religion, age or disability in connection with its performance hereunder. XIX. DEFAULT If the Contractor fails to comply with the terms and conditions of this Agreement, or fails to perform hereunder, or files for bankruptcy or provides assignment or transfer to creditors, then the City, at its sole option upon written notice, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to the Contractor. Payments made to the Consultant while the Contractor is in default of the provisions contained herein, shall be returned forthwith to the City. XX. FORCE MAJEURE Neither party shall be liable for failure or delay in performing obligations set forth in this Agreement, and neither party shall be deemed in breach of its obligations, if such failure to delay is due to national disasters, strike, lock -out, or other industrial or transportation disturbances, law, regulation or ordinance, or any causes reasonably beyond the control of such party. XXI. APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees (except if the City must bring a claim to enforce the provisions of Article XIII, Indemnification against the Contractor.) The parties knowingly, voluntarily and consensually waive the right to a jury trial or to file permissive counterclaims in any dispute between them arising out of this Agreement. XXII. AUDIT AND INSPECTIONS The Contractor shall maintain all project records as requested by the City. All project records prepared by the Contractor shall be owned by the City and shall be made available to the City at no additional charge. The Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for the City under this Agreement on file for at least four years following the date of final payment to the Contractor by the City. The above records retention requirement shall include daily driver logs, medical examinations, as well as all other books, records, and documents. Any duly authorized representative of the City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during the Contractor's usual and customary business hours. The Contractor shall report in-service 181P� hours to the City within twenty-four hours of a written request, unless otherwise specified. The Contractor will develop periodic operational and financial reports for distribution to the City. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City and/or representatives of the City to audit, examine, and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters related to this Agreement. It is further understood that all records and supporting documents pertaining to this Agreement shall be maintained for a minimum period of four years. The retention and access period starts from the date of the submission of the annual performance and evaluation report in which the specific activity is reported for the final time. The Contractor must request approval from the City before disposing of any records under this Agreement. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the four year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the four year period, whichever is later. During the course of an audit, if the City determines that any payment made to the Contractor does constitute an allowable expenditure, then the City will have the right to deduct or reduce those amounts from the related invoices. The Contractor must maintain records necessary to document compliance with the provisions of the Agreement. The Contractor acknowledges that additionally the City has the audit and inspection rights set forth in § 18-100 to §18-102, City Code, as amended. XXIII. ENTIRE AGREEMENT This Agreement and its attachments and exhibits constitute the sole and only Agreement of the parties and accurately set forth the rights, duties, and obligations of each to the other. Any prior Agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. XXIV. AMENDMENT No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. XXV. MISCELLANEOUS 25.1 Captions, title and paragraph headings are for convenient reference and are not a part of this Agreement. Such captions, title or paragraph headings shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions contained in this Agreement. 19 I P 25.2 Subject to the provision of Article III, in the event of conflict between the terms of this Agreement and any terms or conditions in any attached document; the terms in this Agreement shall prevail. 25.3 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 25.4 Should any provisions, paragraph, sentence, work or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 25.5 Further Assurances. All parties hereto upon the request of any other party shall execute such further instruments or documents as may be reasonably required by the requesting party to implement the terms, conditions and provisions of this Agreement. 25.6 Third Party Beneficiary. Contractor and the City agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 25.7 Performance Evaluations. The City conducts performance evaluations during and after completion of agreements with the Contractor, which are used as a basis for the awarding of future work as well advising the Contractor of its performance. 25.8 Discretion of the Director. Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. Contractor has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Contractor shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, and agrees to provide workers' compensation insurance for any employee or agent of Contractor rendering services to the City under this Agreement. 20 I P XXVI. LOCAL PARTICIPATION 26.1 Twenty percent (20%) of the repair and maintenance of the Trolleys not performed internally by the Contractor shall be performed by businesses located within the municipal boundaries of the City. Parts purchases and warranty items are excluded from this requirement. 26.2 Twenty percent (20%) of the labor employed by the Contractor for the daily operations and routine maintenance of the Trolleys shall be persons residing within the municipal boundaries of the City. 26.3 The Contractor shall be responsible for submitting a quarterly report to the City documenting compliance with the aforementioned provisions. 211Page IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Attest: CITY OF MIAMI, a municipal Corporation of the State of Florida Priscilla A. Thompson, CMC Johnny Martinez, P.E. City Clerk City Manager (SEAL) Approved as to Insurance: Approved as to Legal Form: Calvin Ellis Risk Management Director Attest: Corporate (SEAL) (Corporate Secretary) Julie O. Bru City Attorney CONTRACTOR Limousines of South Florida, Inc. Vasti Amaro Senior VP East Region 22IPag Exhibit A "Request for Proposal No. 256244, 1" 23 age ity f Miarni .Request for Proposals (RFP) Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miaml.Fl.us/procurement RFP Number: 256244,1 Title: Request For Proposals for Trolley Services for the City of Miami Issue Date/Time: 04-MAR-2011 RYE Closing Date/Time: 29-MAR-2011 @ 14:00:00 Pre -Bid Conference: voluntary Pre -Bid Date/Time: Wednesday, February 16, 2011 at 10:00 Pre -Bid Location: AM the Miami Riverside Center, 444 SW 2nd Avenue, 10tb Floor, Main Conference Room Deadline for Request for Clarification: Wednesday, February 23, 2011 at 3:00 PM Buyer: Byrnes, Terry Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: City of Miami - City -Clerk 3500 Pan American Drive Miami FL 33133 US tbyrnes@ci.miami.fl.us (305) 400-5230 Page 1 of 50 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transponation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or sen'ices specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). • EXCEPTIONS: We (I) certify that any and all information contained in this submission is hue; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter•. Please print the following and sign your name: SUPPLIER NAI\4F' ADDRESS' PHONE: FAX' E1G2AII : BEEPER - SIGNED BY• TITLE: DATE' ' _.' FAILURE'TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 50 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Address, City, State, Zip, Pbone, Fax, Email: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create -new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes; how many new positions would you create to perform,this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract: Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None, yla. y:jry;� Page 3 of 50 Will Subcontractor(s) be used? (Yes or No) Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount( which includes base tern and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no: please indicate the name -of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Page 4 of 50 Line: 1 Description: Cost to City Per Total Operating Hour To Provide Vehicles, Maintenance, Storage, Security, Fuel, Personnel, Drivers, Insurance and Operations Category: 55885-00 Unit of Measure: Dollar Unit Price: $ Line: 2 Number of Units: 1 Total: $ Description: City Owned Vehicles: Provide the Cost to City Per Total Operating Hour To Provide Personnel, Drivers, Insurance, Storage Security, Maintenance and Operations (City provides fuel, storage location) Category: 55885-00 Unit of Measure: Dollar Unit Price: 1 Number of Units: 1 Total: 8 Request for Proposals (REP) 256244,1 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1, GENERAL TERMS AND CONDITIONS 7 2. Special Conditions 74 2.1. PURPOSE 74 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 24 2.3. PROPOSAL OVERVIEW .24 2.4. RULES OF CONSTRUCTION AND DEFINITIONS '4 2.5. TERM OF CONTRACT '5 2.6. PRE -PROPOSAL CONFERENCE 75 2.7. CONDITIONS FOR RENEWAL 25 2.8. NON -APPROPRIATION OF FUNDS .25 2.9. PROPOSERS MINIMUM QUALIFICATIONS 25 2,10. CONTRACT EXBCUTION '6 2.11. COMMENCEMENT AND ADJUSTMENTS TO SERVICE 26 2.12. CONSUMER PRICE INTDEX (CPI) FOR FUEL '76 2.13. EQUITABLE ADJUSTMENT 27 2.14. EQUAL PRODUCT 77 2.15. ADDITIONAL ROUTES 27 2.16. VEHICLES. DISPATCHING AND TELEPHONE SERVICE, COMPLAINTS '7 2.17. ADVERTISING AND PROMOTIONS 77 2.18•, RULES, REGULATIONS. LICENSING REQUIREMENTS '8 2.19. BID BOND/SURETYBOND og 2.20. PERFORMANCE BOND • 28 2.21. LIQUIDATED DAMAGES 28 2.22. RELATION OF CITY TO INDEPENDANT CONTRACTOR 29 2.23. INSURANCE REQUIREMENTS 29 2.24. ROUTE PRICING ' 31 2.25. CONTRACT ADMINISTRATOR 31 2.26. DAMAGES TO PUBLIC/PRIVATE PROPERTY 31 2.27. TERMS OF PAYMENT 31 2.28. TER1vffN?ATION 31 2.29. ADDITIONAL TERMS AND CONDITIONS 32 2.30. CHANGES/ALTERATIONS 32 2.31. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 32 2.32. RECORDS AND REPORTING 33 2.33. TRUTH IN NEGOTIATION CERTIFICATE 34 3, Specifications 35 3.1. SPECIFICATIONS/SCOPE OF WORK 35 4. Submission Requirements d7 4.1. SUBMISSION REQUIREMENTS 47 5, Evaluation Criteria 50 5,1. EVALUATION CRITERIA 50 Page 6 of 50 Request for Proposals (RFP) 25624-4,1 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals; Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1,1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applieable,•shall remain the property of the seller until a physical inspection and actual usage of the good is wade, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/RESECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this fonnal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1..4. ADDENDA —It is the bidder's/proposer's responsibility to ensure receipt of all Addenda, Addenda are available at the City's website at: http://wwe'.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials; and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including appellate litigation and any post judgmentproceedings, 1.8, AUDIT RIGHTS AND RECORDS RETENTION - The, Successful, Bidder/Proposer agrees, to, .provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents,papers, and records of Contractor which are -directly pertinentto this formal -solicitation; • for the purpose of audit, examination, excerpts, and transcriptions,,,,The Successful Bidde:/Proposer.shall. ; ;;: ;_ ;; maintain •and•retain any:and-all of tbe books, documents, papers •and records pertinent to the Contract for Page 7 of 50 Request for Proposals (RFP) 256244,1 three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9: AVAILABILITY OF CONTRACT •STATE-WIDE- Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi-govermnental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping tenns and issue its own exemption certificates as required by the successful bidders)/proposer(s). 1.10. AWARD OF CONTRACT:• A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. , B. The award of a contract where there are Tie Bids will be, decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract maybe preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City, Where Bidder/Proposer is in default of these contractual requirements, the City; through action taken by the Purchasing Department; will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the 'next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or • increased costs sustained as a result of the Bidder's/Proposer's default D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract tern in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terns and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lurnp sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City; will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed,by a.recognized . • • -.surety company that is licensed to do business in the State of Florida, payable to_ the City.of Mami„for the -„ -• m = amount bid is required.from all bidders/proposers, if so indicated•bnder the'Special'Coriditions: This check ' eorbond guarantees that a bidder/proposer will accept the orderior•'contract/a'greementi'as bid/proposed iif'it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award Page 8 of 50 Request for Proposals (RFP) 256244',1 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder'.s/proposer's acceptance- of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract • • has been awarded, all bid deposits will be returned on demand, • 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. • • 1.13.131D SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such sarnples are to be furnished after fdmial solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation, 1.16. CAPITAL EXPENDITURES`- Contractor understands that any capital expenditures 'that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the tine it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for,'or responsible to,'the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any .cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The'City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1..19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments arc subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: • .A: Executive Order. 11246, which prohibits discrimination against.any. employee, applicant, or. client:,.;.:, , _-- because of race,'creed, color, national origin, sex, or age with regard to, but not limited to, the follot iila: employment.practices,.rate.ofpay or other compensationmethods'and:treiningselebtion.:...te_a" yKeS.F�m Page 9 of 50 Request for Proposals (RFP) 256244,1 B. Occupational', Safety and Health Act (OSHA), as applicable to this Formal Solicitation. . C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection. Agency (EPA), as applicable.to this Formal.Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18; Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. First Source Hiring Agreement, City Ordinance No. 10032; as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives; orders, and laws may considered grounds for termination of conrract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office, 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code; a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or TB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Cornunission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than S200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors; service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners; or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff; provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly. noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or ]B (bid) documents (See Section 2.2, of the Special Conditions); or communications in connection with the collection of'industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk, In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder,'Proposer, Offeror, Respondent, lobbyist•or consultant shall subject same to potential penalties.pursuant-.toltheiCity:Code.:.Any.person having personalknowledge of a violation of these provisions shall,report suchviolation to,the,State Attdmey andlor may file a bbhiplaint with the' Ethics Conurnssion. Prdposers or bidders's"htib 'r6ferenci Section 18-74 of the City of Miami Code for further clarification, Page 10 of 50 Request for Proposals (RFP) 256244,1 This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code .Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. • • 1,21: CONFIDENTLA.LITY - As a political subdivision, the -City of Miami is subject to the Florida Sunshine Act and Public Records Law, If this Contract/Aareenient contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of' goods/services specified in this Formal Solicitation, Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any Ciiv employee who owns, directly or indirectly; an interest of five percent (5%) or more of the total assets of capital stock in your firm. 123• COPYRIGHT OR PATENT RIGHTS —Bidders/Proposers warrant that there has been no violation of copyright or parent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by thc B idder(s)/Propo s er(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opporunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall he issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to thc performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. • (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative ofnonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perfomr within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph(c) below. (7) •Found in violation of a zoning ordinance or any other city ordinance. or regulation and for which the violation remains noncompliant. . •(8) - •Found in.violation of a zoning ordinance or any other city_ordinance,or.reeulation whicha-civil penalty or fine is due and' owing to the city. • Page 11 of 50 Request for Proposals (RFP) 25624;1 (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of.its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to reined), the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankntptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract, F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the •:response:shall:be fixed after the award by the Connuission, uiiles"'s otl?envise specified in the `Special Teniis •-and Conditions. Price discounts off the original prices quoted .ig; tbe.response,witl•be accepted from, • successful Bid'der(s)/Proposer(s) during the term of the contracts"Such discounts shall remain in effect for ..a minimum of 1.20 days from approval by the City Commissiorc Any discounts offered by a manufacturer "- to Bidder/Proposer will be passed on to the City. _ Page 12 of 50 . Request for Proposals (REP) 256244,1 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated iu the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents: the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. E1 fERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/sendees defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful.vendor shall.deliver/perform for the city on.a.priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGR E ENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section; Contractor's Response and any written agreement entered into by the City of Miami and Contractor is cases involving RFPs, RFQs, and RFLIs, and represents the entire uuderstanding.and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations; understanding and representations, if any, made by and between the parties. To the extent that the agreement conflictswith, modifies, alters or changes any of the terns and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control, This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: I) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates'or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firmwhich has failed to perform under the terms and conditions of any previous contract with the City or deliver on'tiiiie boritracts'ofa'sih ilar'nalure.' 3) ..A contract may -not be awarded to any person or firm whiahhasbeen-debarred:by,:the Gi$ in'•t; ;:?:;;';:r r:; .; <;:::,: accordance with the City's Debarment and Suspension Ordinance. Page 13 of 50 Request for Proposals (RFP) 256244,1 C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equiprnent/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and.integriiy; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The tens • "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)fProposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions. shall be cause for the bid (1FB) to be considered non -responsive. It also may be cause fora RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTLNATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection ofbid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be'firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation, Such prices will remain firrn for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 1S-105) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases; words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. . Services includes, without limitation: public works improvements;facilities;professional sen'ices; commodities, supplies, materials and equipment. ,,. .• ; .. ` (c) The authorized representative shall negotiate each first -source hiring agreement, (d) r . Theprimary beneficiaries of the first -source hiring agreement shall be participants of the city Page 14 of 50 Request for Proposals (RFP) 256244,1 • . training and employment programs, and other residents of the city. 1.39, FLORIDA MINLMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that•employers shall pay employee wages no less than the minimum waf•e for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees,the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job titles)„job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price intrease(s) determination. 1.40. GOVERNLNG LAW A.ND VEND- The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1,41, HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (BIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (I1111) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (I-IIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City. of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to •the Bidder/Proposer and reasonable assurances that III-II/PIiI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.43. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges.or.claims.resulting trom:anv bodily. •. . injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the, ,. .r Contractor shall become defendant in every suit brought for any'of stick' causes•of achori`am east the •City oi•" the City's officials, agents and employees; the Contractor shall further indemnify City to alLcos'ts; attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting Page 15 of 50 Request for Proposals (RFP) 256244,1 investigation, 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified • elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests; as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time, 1.46. INSPECTION OF RESPONSE. - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid closing, whichever is earlier: Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following. recommendation for award. 1.47. LNSURANCE- Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City, Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. • 1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and incompliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 1.50. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/aereement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and•resultantpurchase:orders or contracts;• if applicable, shall be binding upon the City unless made in writm0 by, the Director of Purchasing, .of the,City, . of Miami; Florida through -the issuance of a change order, addeaduin; afnendinent or suppleMeut to the ' contract, purchase order or award sheet as appropriate. Pace 16 of 50 • Request for Proposals (RFP) 256244,1 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance • with specifications under the direction of the FloridaDepartment of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not confomung to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be ' excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including perfonnance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex; marital status or national origin. A11 persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such iirnes as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. If is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. • 1.56, OCCUPATIONAL LICENSE.- Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license roust be submitted with the response; however; the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (I) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall.to any extent be held invalid, then the remainder of this Contract or tfiebapplicatioii of" •::such provision to persons or circumstances other than those as to,which it,is.held invalid shall.not.be ......:.__..- affected thereby, arid each provision of this Contract shall'be valid and enforced to the fullest extent permitted by law. Page 17 of 50 Request for Proposals (RFP).256244,1' 1.60. PERFORMANCE/PAYMENT BOND -A Contractor maybe required to famish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent• j100%) of the contract price. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required; shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall famish the information required in the Fonnal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the mine of the Bidder/Proposer, address, and telephone number on she face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include. packaging, handling and shipping, and P.O.B. Miami delivery inside City premises unless otherwise specified, Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may he included as part of -the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS; UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62. PRICE ADJUSTMENTS -.Any.price decrease effectuated durag the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower; provided that a sample is approved inadvance of delivery and that the new product meets or exceeds all quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.65. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment teens in the space provided on the Foriiial .LSolicitation. If -no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for = _.• _. • •the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is ' .understood -and agreed -that the terms shall be 2% 20 days, effective after receipt of invoice or final Page 18 of50 Request for Proposals (RFP) 256244,1 acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized, If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami, Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor, Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall he responsible for replacement value of the property at the current market value, less depreciation' of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0)7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS —Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnishedtocomplete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.73. RESOLUTION OF CONTRACT DISPUTES (Sec, 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater _than S25,000; the City:Commission,must approve the City Matianer'i 'decision. Such authonf}%extends, i without limitation; to controversies based upon breach of Contract, mistake, misrepresentation,or lack .of ....,_. complete performance, and shall be invoked by a'Contractual• P.aity by subiritssion of`a protest,to,the Manager. f; ,:•,•,:;...:..::.....:..:• Page 19 of 50 Request for Proposals (RFP) 256244,1 (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for, the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of theedecision shall be immediately provided to the protesting pany, along with a notice of such party'ks right to seek judicial relief, provided that the protesting parry shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1,74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment; and services, the estimated cost of which does not exceed S25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice .of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer, 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If"various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer, iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time_ will be.added to,the above limits for service by mail. In:edriiptiting atiyperiod of time prescribed • or allowed by this section, the day of the act, event or default from which the.designated period of time • begins `to run shall not be included: The last day of the period so computed shall be included unless it is a Saturday; Sunday or. legal holiday in which event the period shall run until the end of the next day which is • Page 20 of 50 Request for Proposals (RFP) 256244,1 neither a Saturday, Sunday or legal holiday, Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (ti) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the ' approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Office shall obtain the requisite approvals and communicate said decision to`the protesting party and shall submit said decision to the City Co.*nulission within 30 days after he/she receives the protest. In cases involving more than S25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above; unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an imtnediate and serious danger to the public.health, safety or welfare, (e) Costs. All costs accruing from a protest shall be 'assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashiers check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or 55000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable; the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.75. SAMPLES - Samples of items, when required; must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1, 76. SELLING; TRANSFERRING'OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign; transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials; which may be withheld or conditioned; in the City's sole discretion. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification' as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the, basis of this statement. .. If your.. firm has a current contract with the State of Florida, Department of General Services, tosupply the items on•this solicitation; the bidder/proposer shall quote not mote;that aheeontraetpnce;failwe,tq emppki with this request will result in disqualification of bid/proposal t.- 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via Page 21 of 50 Request for Proposals (REP) 256244,1 the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLL NO EXCEPTIONS. 13idders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of fhe envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and retum address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERIC.AN DR. CITY HALL IS AT THE END OF PAN A ERICAN DR. PARKING IS ON RIGHT„ FROM THE SOUTH: 'US] NORTH TO 27T11 AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERIC.AN DR. PARKING 1S ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these • conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exenipt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A, The contractor is determined by the City to be in breach of any of the tens and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or.sen'ices. The City ts; obligation is - • • contingent upon the availability of appropriate funds. 1t82, TERMS•OF PAYMENT - Payment will be made by the:City.:afterahergoodsandtortseruices ,•••^"r>o�:°�a=-= awarded to a-Bidder/Proposer have been received, inspected, and found to comply with award Page 22 of 50 • Request for Proposals (RIP) 256244,1 specifications, free of damage or defect; and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1:83. TIA'IELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1,84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.S5.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes, An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your fiim's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages; costs or attorney's fees and for costs and attomey's fees incurred by the City by reason of any legal action challenging your claim. 1.86, UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAZI - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express • written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS =•For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 23 of 50 Request for Proposals (RFP) 256244,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for providing Trolley/13us Circulator Services to the City of Miami, as specified herein, from a source(s) of supply that will give prompt and efficient service frilly compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications conceming this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us, The solicitation title and number shall be referenced on all con-espondence. All questions must be received no later than Wednesday, February 23, 2011 at 3:00 Plot. All responses to questions will be sem to all prospective bidders/proposers in the foi-m on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PROPOSAL OVERVIEW As reflected in the Price Lines Section of this RFP, with the proposal, Proposer will include pricing for the Health/Stadium District and BiscayneBrickell Route Circulators, as well as additional optional routes (Allapattah/Overtown and Coral Way), that may be added, providing: 1) a full turnkey operation, inclusive of the replica trolleys (Supreme Classic American or Approved Equal Buses); 2) then subsequently providing only operations, manpower, not inclusive of the replica trolleys (Supreme Classic American or Approved Equal Buses), as the City is purchasing its own replica trolleys (buses) and 3) providing for Special Events/Charter services. 2.4. RULES OF CONSTRUCTION AND DEFINITIONS Unless otherwise apparent from the context, or otherwise specifically de -fined elsewhere in this Proposal, the parties agree that the following words and phrases shall be construed and/or defined as follows: Rules of Construction The singular includes the plural and the plural includes the singular. "Shall" is mandatory and "may" is permissive. The masculine gender includes the feminine and neutral genders. For the purpose of this RFP, the following definitions will be used: • AddendalAddendmn— Written or graphic instruments issued prior to the Proposal Opening which modify or interpret the Contract Documents by addition, deletions, clarifications or corrections. • Agreement — Executed contract between the City and the Contractor. City— City of Miami, Office of Transportation - 444 SW 2nd Avenue, l Oth Floor, Miami, Florida, 33130, and its authorized representatives. City of Miami Routes as defined on the Header/Attachments Route Maps Contractor— Successful Proposer with which an Agreement is executed. FDOT — Florida Department of Transportation • In -Service — the time during which a trolley is in en -route, or authorized detours, and stopping to load and unload passengers, or such other times a trolley is available for use by the general public,. or as otherwise specified for the benefit of the City. • . : Out=of,Service- all tunes other than when the trolley is In -Service, Out -of -Service shall include all time spent driving to the beginning point on the route, or moving trolleys from one oufe to;another out" p g d g p }route or;� .•location; or any such time not expressly approvediby the City is -In -Service. - " -•---• •- -••---- -- .Projected Service Hours — Monday through Saturday, approximately 6:30 a.m. to 6:30 pan., subject Page 24 of 50 Request for Proposals (RFP)'256244,1 to change at the City's sole discretion.. • Project Manager - the Contractor's full-time representative responsible for the day-to-day operations of all routes. • . Vehicle Miles/Hours -the miles traveled.by the trolleys for use by Contractor to perform this Agreement or the hours spent by Contractor's employees in driving such trolleys while on a specified route, an authorized detour from such route by this Agreement, and Out-of•Service miles or hours spent travelling - to and from a route starting or ending point. • Vehicle Service Hours - limited to those hours the Contractor's employee(s) actually spent driving the trolley(s) and does not include hours of other employees riding the trolley for training or other purposes, as defined in Specifications, Section 3.3.11. 2.5. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for five (5) years with the option to extend for five (5) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.6. PRE -PROPOSAL CONFERENCE A Voluntary pre -proposal conference will be held on Wednesday, Febrtiary 16, 2011 at 10:00 AM, at the Miami Riverside Center, 444 SW 2nd Avenue, 1 oth Floor, Main Conference Room. Proposers are requested to submit any written questions to the Senior Procurement Specialist listed per Section 2.2, Deadline For Receipt of Request For Additional Information/Clarification. 2.7. CONDITIONS FOR RENEWAL, Each renewal of this Contract is subject to the following: (1) continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) availability of funds. 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Successful Proposer or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense: No guarantee, warranty or representation is made that any particular project(s) will be awarded to any finn(s). 2.9. PROPOSERS MINIMTJM QUALIFICATIONS Proposals will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this RFP; that have a record of performance for a minimum period of three (3) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the temts and conditions herein stated. Proposer shall: (1) Be fully licensed to perform the work described herein. (2) Not have any member, officer, or stocldtolder that is in arrears or is in default of any debt or contract . • involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perfonn faithfully on any previous contract with the City. Page 25 of 50 Request for Proposals (RFP) 256244,1 (3) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. 2.10. CONTRACT EXECUTION The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in the City's best interest, Such Contract will be furnished by the City, will contain certain terns as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 2.11. COMMENCEMENT AND ADJUSTMENTS TO SERVICE a) For the sole purpose of a rapid initial start-up within ninety (90) days of contract execution, and future route commencements; the City will allow for vehicles currently available that are similar to the replica trolley format meeting Specifications, both in exterior and interior. The estimated period of use will be from four (4) to eighteen (18) months from contract commencement,subject to Successful Proposers vehicles being received, inspected and approved in writing by the City of Miami Fleet Department (GSA) prior to use. As the City owned vehicles (Supreme Classic American or Approved Equal) are received and approved, they will immediately replace an existing interim vehicle or operate in tandem with Successful Proposer provided vehicles (if necessary). b) Adjustments to service shall be a prerogative of the City. The City expects to work closely with the Successful Proposer on such modifications in order to provide efficient and responsive service; c) No operational changes that affect service, scheduling, hours of operation, frequency of service, or any other characteristics of the Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes being considered (Allapattah/Overtotsn and Coral Way), shall be made by the Successful Proposer without the prior written approval of the City; d) The City may modify the service area for fiscal, jurisdictional, geographic, coordination or passenger travel pattern reasons or any other reason. Modifications may be made up to twenty (20) percent of the specified vehicle service hours without changing the fixed service hour rate proposed herein or agreed to during contract negotiations and e) The City will notify the Contractor, in writing., at least thirty (30) days in advance of any major service changes. 2.12. CONSUMER PRICE INDEX (CPI) FOR FUEL The Successful Proposer will be allowed to increase/decrease their contractual prices annually to cover future drastic fuel price changes. The market changes will be detemlined utilizing the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., Other Motor Fuels, and Index Base Period between 2011 through 2014. The escalation using the CPI will be determined by the percent change in the level of the Other Motor Fuels CPI between the reference period and a subsequent time period. This will be calculated by first determining the index point change between the two periods and then the percent change. The following example illustrates a sample computation of percent change; CPI for current period (January 2011) 175.997 Less CPI for previous period (December 2010) 171.987 Equals index point change 4.01 Divided by previous period CPT 171.987 Equals 0.02 .: . Result multiplied by 100 0.02 s 100 Equals percent change 2:0 "' """ "Any contractual increases/decreases must occur on the anniversary date of the contract award. • Page 26 of 50 Request for Proposals (RFP) 256244,1 2.13, EQUITABLE ADJUSTMENT At the sole discretion of the City, it reserves the right to modify, add or delete routes; trolleys or personnel to the system. The Successful Proposer shall indicate its hourly rate for the all routes, fixed and firm. Only the Consumer Price Index (CPI) for Fuel, annually adjusted, and the approved Equitable Adjustment, may increase any costs to the City. Prior to commencement of any route(s), the City shall negotiate an hourly rate(s) for that route(s) with the Successful Proposer. Service characteristics such as routes, stops, headways, operating hours, and number of vehicles shall be determined jointly by the City and the Successful Proposer prior to commencing any service extension. 2.14. EQUAL PRODUCT Manufacturer's name, brandname and model/style number when used in these Specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intendedto prohibit the bidding of other manufacturer's brands of equal quality, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, proposal must be accompanied by complete factory information sheets (Specifications, brochures, etc.) and test results of unit bid as equal. Failure to do so at time of Proposal Submission may deem your Proposal non -responsive. . 2.15. ADDITIONAL ROUTES At its sole discretion, the City reserves the right to add or delete routes, trolleys, service hours or personnel to the system. The Successful Proposer shall keep its prices for the original and additional service(s) fixed and firm throughout the duration of the contract term, unless modified by the City. The Proposer(s) are to provide a cost proposal for service routes beyond the Health/Stadium District and Biscayne/Brickell Trolley routes. Said routes may include: (1) An Allapattah/Overtown Loop along NW 20th Street from NW 27thAvenue to NW '3rd Avenue; along NW 3rd Avenue from NW 20th Street to NW 14th Street; along 1\1W 14th Street from 1\W 3rd Avenue to Biscayne Boulevard (connection to Biscayne/Briokell Trolley); (2) A Coral Way Loop from the Brickell Metrorail/Metromover Station along SW 24 Street to NW 37 Avenue or possibly Ponce De Leon Boulevard (Coral Gables Trolley Connection). Service characteristics such as routes, stops, headways, operating hours, and vehicle types shall be determined jointly by the City and the Successful Proposer prior to commencing any service extension. 2.16. VEHICLES, DISPATCHING AND TELEPHONE SERVICE, COMPLAINTS The City will be utilizing Miami -Dade County's 3-1-1 Information Call System for processing any telephone inquiries concerning theHealth/Stadium District Trolley schedule, frequency, stops, fare, accommodations, etc, which will maximize efficiency. Any and all complaints will be logged and fonvarded to the City of Miami, Office of Transportation and the Successful Proposer's representative by no later than five (5) business days after the receipt of the complaint. 2.17. ADVERTISING AND PROMOTIONS ADVERTISING: The City of Miami may sell. advertising for the interior and/or exterior areas of the replica trolleys, as designated and approved by the City. The City seeks to maximize potential revenue streams produced by . such advertising and may use all or a portion of the same to offset the City's cost for the trolley • . circulator.service. Successful.Proposer will be responsible for distributing materials, pamphlets, magazines or any other information provided by the City. Page 27 of 50 Request for Proposals (RPP) 256244,1 PROMOTIONS: The City shall prepare, place; schedule and pay for all promotional materials designed to inform the general public of service operations and to promote ridership, • The City shall prepare, print and'provide to the Successful Proposer all schedules, and other materials • required by service operations. The Successful Proposer shall distribute and disseminate such materials in • accordance with the provisions of this RFP and any directions supplemental thereto provided by the City. 2.18. RULES, REGULATIONS, LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all federal state, and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including requirements of the Federal Transit Administration (FTA) Section 5307, State of Florida (including System Safety Plan (SSP), Miami -Dade County Passenger Transportation Regulatory Commission, the Americans with Disabilities Act, Title VTI of the Civil Rights Act, the EEOC Uniform Guidelines, and all other EEO regulations and guidelines and all Drug/Alcohol Policies compliant with all federal, state and local requirements. Ignorance on the part of the Proposer will in no way relieve the same from responsibility. Non-federal funds will be used to operate the Health/Stadium District and BiscayneBrickell 'Trolleys; however, because the service may be part of a larger City-wide trolley system to be funded in part with federal funds, the selected proposer for the Health/Stadium District and BiscayneBrickell Trolleys, shall be responsible for complying with all Federal Transit Administration (FTA), American Recovery and Reinvestment Act (ARRA) requirements, including monthly, quarterly, and annual reporting requirements (i:e. mileage, preventive maintenance, safety, etc.), compliance with the Civil Rights Act, and with all federal audit requirements governing agencies that receive federal funding. 2.19. BID BOND/SURETY BOND All bids must be accompanied by a Bid Bond in the amount of 5% of the total bid submitted, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami or a bond written by a surety company authorized to do business in the State of Florida and compliant with State Statute 287.0935. The bond, from all unsuccessful bidders, if in the form of a Cashier's Check, will be returned after bid award. 2.20. PERFORMANCE BONT) Within ten (10) working days following Notice of Award by the City, the Successful Proposer shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the period of the contract (to be determined at the time of award for each route to be serviced), The Performance Bond may be increased or descreased, at the discretion of the City, as additional routes may be added/deleted, The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and compliant with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on letterhead of a bank located in Miami -Dade County, for the amount of the contract and clearly and expressly stating that it cannot be revoked until express written approval has been given by the City of Miami, To draw on same, the City would merely have to give written notice to the bank with a copy to the Successful Proposer. 2.21. LIQUIDATED DAMAGES The City reserves the right to supervise or conduct a performance audit of the Successful Proposer to determine if it is acheiving its minimum reliability on performance. The Successful Proposer shall not miss any bus stop(s) for pick-up or drop-off of passengers more than 2% of the time. The Successful Proposer must perform its trolleylbus'stops for pick-up or drop-off within 'or at five"(5)"minutes ofthe sohedtrled - time. The Successful Proposer must meet this performance standard 95% of the time when performing its trolley/bus'routes for pick-up and' drop-off of passengers. Failureao:meet.required standards will be cause .to set adjustments.to. billings. as described in "Adjustments".shown in the below mentioned PDF document. Page 28 of 50 Request for Proposals (RFP) 256244,1 Proposers are to refer to the PDF document entitled, "Vehicle Minimum Specifications, Hours of Operations and Performance Standards", in the Header/Attaclunents Section for listed minimum requirements. 2.22. RELATION OF CITY TO rNDEPEN'DANT CONTRACTOR It is the intent of the parties hereto that the Successful Proposer shall•be legally considered to be an Independent Contractor and that neither the Successful Proposer nor the Successful Proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. Additionally, per General Terms and Conditions, Section 1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Successful Proposer's facilities and perform. such tests, as the City deems reasonably necessary; to determine whether the equipment and/or services required to be provided by the Successful Proposer under this Contract conform to the teens and conditions of the Formal Solicitation. 2.23. IN''SURA qCE REQUIREMENTS TROLLEY SYSTEM: The Successful Proposer shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The Successful Proposer shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work: and ofall damage or injury to any person or property wherever located resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Successful Proposer is acting as an independent contractor. The Successful Proposer, at all times, during the full duration of work under this contract including extra work in connection with this project, shall meet the following requirements: I. Maintain Worker's Cotnpensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida; 2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the Successful Proposer and the interests of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent Successful Proposer, broad form property damage, products/completed operations and contractual, liability; 3. Maintain Vehicle/Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work; 4. Maintain any additional coverage required by the City as indicated on the Insurance Check List; 5. Name the City of Mianv as an additional insured on all liability policies required by the Contract. When naming the City of Miami as an additional insured, the insurance companies shall agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments and 6. No change or cancellation in insurance shall be made without 30 days written notice td the City. I. Commercial General Liability (Primary & Non Contributor') A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit Products/Completed Operations Personal and Advertising Injury . Endorsements Required S 2:000.00P S 1,000,000 51,000,000.;F_ Page 29 of 50 Request for Proposals (RFP) 256244;1 City of Miami included as an Additional Insured (CG 201011/85, or Equivalent version) Contingent Liability (Independent Contractors Coverage) Contractual Liability Waiver of Subrogation Premises 8 Operations Liability Explosion, Collapse.and Underground Hazard Loading and Unloading II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees as Insureds III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation IV. Employer's Liability A. Limits of Liability S 1,000,000 for bodily injury caused by an accident, each accident, • S1,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit V. Umbrella Policy/Excess Liability (Excess Following Formfrrue Excess Following Form/True Umbrella) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence S5,000,000 Aggregate S5,000,000 B. Endorsements Required City of Miami listed as an Additional Insured Increased limits to General Liability, Auto and Employer's Liability Coverage VI. Physical Damage Coverage Collision S1,000 Deductible Other than Collision/Combined Additional Coverage 51;000 Deductible VIL Fidelity Bond S10,000 Page 30 of 50 Request for Proposals (RFP)' 2562-4,1 City of Miami listed as loss payee • The above policies shall provide the City of Miami withwritten notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than ''A" as to management; and no less than "Class V" as to Financial Strength, by the latest edition of Bests Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.24. ROUTE PRICING You are required to establish a ceiling rate for each route shown in the Lines Section of the RFP and must be reflected in your written proposals. The ceiling rates will be negotiated by the City and the Successful Proposer if an optional route is added to the contract. 225, CONTRACT ADMINISTRATOR Upon award, Successful Bidder(s) shall report and work directly with Jose Gonzalez, P.E., Assistant Transportation Coordinator; who shall be designated as the Contract Administrator. Contract Administrator will be responsible for the successful administration of the agreement and monitoring and evaluation of the quality and level of service. 2.26. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Proposer shall carry out the work with such care and methods es not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Proposer shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.27. TERMS OF PAYMENT Payment shall be made within 45 days of receipt of an invoice and pursuant to Section 218.74, Florida Statutes. Invoices and supporting documents are to be submitted to the Office of Transportation (Attention: Jose R. Gonzalez, P.E.) on a monthly basis. Upon verification of the accuracy and completeness of the invoice by the Office of Transportation, the claim shall be forwarded for payment approval to the City, Successful Proposer's monthly invoice submission for service provided shall include the required monthly reports, and shall be submitted to the Office of Transportation (Attention: Jose R. Gonzalez, P.E.) by the 15th of each month, 2.28. TERMINATION A, FOR DEFAULT • ..,, If Successful Proposer. defaults in its performance under this Contract,and.does not cure the default within, .30 days after written.notice of default, the City Manager may terininate this Contract, in whole or in part, . -::.upon :written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost cif procuring sinrilar.supplies or services: provided that if, (1) it. . is. determined for any reason that the Successful Proposer was not in default or (2) the Successful , „ .. Page 31 of 50 Requestfor Proposals (RFP) 2562444,1 Proposer's failure to perform is without its control, fault or negligence, or for that of its sub -contractor's, the termination will be deemed to be a termination for convenience by the City of Miami, 13. FOR CONVENIENCE The City Manager may'tenilinate this Contract, in whole or in part, upon 30 days prior written notice when in the best interest of the City of Miami. if this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated; the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2,29. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the. General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the'oidder's/proposer's acknowledgment form attests to this. 2.30. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline, 2.31. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) Purchasing staff will review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required; • (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation criteria as specified herein; (6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded; (7) The Evaluation Committee, reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, a Notice of the City Manager's recommendation for award of contract will be sent to all proposers by the Chief Procurement Officer notifying proposers of the City Manager's recommendation to the City Commission, The City Manager's recommendation to the City Commission shall request the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof; (8) . The City Manager reserves the right to reject the Committee'.s.recor mendation,instruct the Committee.to re-evaluate and make another recommendation, reject all proposals, orrecommend that the City Commission reject all proposals; • _ (9) The City Commission shall•consider• the City Manager's and Evaluation Committees' reconnnendation(s) and, if appropriate and required, approve the City Manager's recotnmendation(s). The Page 32 of 50 Request for Proposals (RFP) 256244,1 City Commission may also reject any or all responses; (10) If the;City Commission approves the recommendations, the City will enter into negotiations with the selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed appropriate by the City Manager and (11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). 2.32. RECORDS.AND REPORTING 2.32.1. General Provisions/Records Retention (a) The Successful Proposer shall maintain all records as requested by the City. All records prepared by the Successful Proposer shall be owned by the City and shall be made available to the City upon request at no additional charge; (b) The Successful -Proposer shall maintain all hooks, records, documents, accounting ledgers, and similar materials relating to work performed for the City under this Agreement for at least three years following the date of fmal•pay vent to the Successful Proposer by the City. The above records retention requirement shall include daily drivers' logs, as well as all other books, records, and documents. Any duly authorized' representatives of the City shall have access to such records for purposes of inspection, audit, and copying at reasonable times during the Successful Proposer's usual and customary business hours; (c) Weekly Passenger Count Summary Reports and Monthly Summary Reports shall be provided to the Transportation Coordinator of the City. Said monthly reports shall be received no later than the 15th calendar day of the following month. Weekly reports shall be provided Sunday to Saturday by the following Tuesday. Weekly and Monthly report figures shall coincide with daily Trip sheet totals for the month; (d) The format to be used for operating reports and monthly summaries shall be developed by the Successful Proposer and approved by the Transportation Coordinator of the City and (e) The Successful Proposer shall certify as accurate all information given to the City. 2.32.2. Daily Records/Reports (a) Telephone Report: The Office of Transportation of the City shall be notified via phone of any change of vehicle, driver and/or route, interruption of service due to inclement weather, out -of -service vehicles, emergencies, and accidents; (b) 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 catenories. 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; (c) Daily dispatcher logs shall include, but not be limited to, the following information: number of incoming calls, type of information requested (schedule, fare, route, destinations, etc.) and (d) Fare box revenue (if applicable) shall be recorded daily by the City of Miami. 2.32.3. Monthly Summary Reports The Successful Proposer shall prepare and submit to the Office. of Transportation of the City a monthly suuunary report within 15 calendar days thereafter the end of each operating month. 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 Count for City of Miami approved special transportation coupons/tokens collected, by route (if applicable); (d) ..Service Break Summary: vehicle out -of -service, operational problems, breakdounms, missed trips, and delays over five (5) minutes; •(e)• Complaints and Compliments: passenger•complaints and compliments collected by the City and •description of any action taken by Successful Proposer personnel to address customer complaints. Page 33 of 50 Request for Proposals (RFP) 256244,1 Passenger complaints related to safety or serious operational deficiencies shall be reported to the Successful Proposer 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, accidents, preventive maintenance and inspection program, (actual vs. program), summary of major component rebuilding/repairs made, by vehicle regardless of vehicle ownership; (g) Equipment Status Summary: use and condition of all other equipment; (h) General Summary: all other issues, evaluations, suggestions for improvements; (i) Reports for all routes shall be detailed by day and tabulated for each month and year-to-date and (j) The Monthly Summary Repon shall also include a summary of the service for all operational routes; summary statistics for current month, year-to-date, same month last year (when applicable) and percent change from last month and same month last year, for total system. Spreadsheets and graphs of trends in ridership, passengers per vehicle hour, and service quality measures shall be developed and included in the Monthly Summary Reports. The report shall also include problems with service/personnel/accidents and actions taken to address the problems. 2.32.4. Yearly Summary Reports In addition to a thorough compilation of the Monthly Summary Reports, the Yearly Summary Report for all operational routes shall include, but not be limited to, total number of service hours rendered and miles (by vehicle); total ridership (by route), total number of out -of -service hours (by vehicle) and total costs itemized by month for the service. 2.32.5. Accident Reports The Successful Proposer shall make available to the City such written reports free of charge, for each occurrence. Refer to Specifications, Section 32.9, Accident and Incident Procedures, for detailed procedures on reporting and documenting accidents. 2.32,6. Accounting (a) Itemized monthly invoice. The Successful Proposer shall submit, with the Monthly Summary Report in Section 2.32.3 above, an itemized monthly invoice to the City for the services rendered during the reporting period. Both the monthly invoice and the summary report shall be received by the 15th day of the subsequent month. The itemized invoice shall follow a format approved by the City; (b) Net amount due: The negotiated monthly charge for all operating routes (assuming 100% performance) minus the time any and all scheduled vehicles were out -of -service shall be submitted to the City for payment as the net amount due to the Successful Proposer. Any City -imposed liquidated damages and adjustments shall be deducted from this amount; (c) Debits and credits: The itemized invoice shall be supported by documents as may be required by the City to establish that the amounts are accurate and eligible for payment. Debits and credits shall be itemized such that the total amount due is clearly substantiated. Debits would include additional costs for actual working days (total per vehicle by hours), costs for pre -approved additional trips beyond normal schedules (Successful Proposer must obtain prior written concurrence from City and must specify purpose, dates, trip length, duration, and hours of operation), costs for extra or lesser operating hours caused by daylight savings time adjustments (Successful Proposer must obtain prior written concurrence from the City for extended service and Successful Proposer must specify dates, duration, and extended hours of operation). Credits should be shown for out -of -service hours per vehicle; and (d) Open records, All invoices and related records will be available for inspection and/or independent 'audit at the discretion of the City. 2.33, TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contractprice sandany additions thereto shall be ad_jusiedeixdlude •any sietiifcant.sums'by : '.which City determines the'contract price was increased due'to inaccurate; incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year .. • following the end ofthe Agreement. Page 34 of 50 Request for Proposals (RFP) 256244,1 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 3.1.1, Services To Be Provided The City of Miami (City) is issuing this Request for Proposals (RFP) to firms that provide public transit services and are licensed to operate in the State of Florida. However, any and all experienced and qualified organizations (individual, firm, joint venture, etc.), referred to as the "Proposer" are invited to submit a proposal. The City is seeking to select a firm that is the most advantageous and in the best interest of the City, to provide vehicles, maintenance, fuel, personnel and operations for the Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes being considered. The Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes being considered (A11apattah/Overtown and Coral Way) are public fixed —route transit services and will be directly managed, and partially funded by the City of Miami as well as other sources. Current subsidies for the Health/Stadium District and Biscayne(Brickell Route Circulators are provided from the City's half -cent transit surtax proceeds and the Florida Deparment of Transportation (FDOT) Public Transit Service Development Program. The City intends to collect fares at its sole discretion. The selected Successful Proposer will be required to meet all Federal, State and Local operations, maintenance and administrative reporting requirements such as those stated in the Florida Administrative Code (FAC) Chapter 14-90, Florida Department of Transportation (FDOT) service development program requirements, including audits and inspections, and federal American Recovery and Reinvestment Act (ARRA) reporting requirements. The City of Miami has engaged in a partnership with the University of Miami, Miami Downtown Development Authority (DDA) and other major stakeholders to plan and implement the operations of the trolley system. The City wishes to implement a municipal public transit service that is responsive to the needs of the employees, visitors, and residents of the Health/Stadium District and Biscayne/Brickell areas, as well as additional optional routes being considered, meet(s) all applicable Americans with Disabilities Act (ADA) requirements for public transit vehicles (i.e. hydraulic lift platforms, tilting vehicles for wheelchairs, etc.), and complies with all safety, mechanical, and vehicular standards mandated by Miami -Dade Transit (MDT) Consumer Service Department and any other applicable regulatory agencies. The City of Miami is requesting per hour costs to operate the Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes being considered (Allapattah/Overtown and Coral Way) and described in the Price Lines Section and pictured in the maps in the Header/Attachments Section, Proposers are requested to submit ceiling prices for all routes. Initially, the City of Miami will utilize the Successful Proposer's trolley vehicles, on a short term basis until receipt of the ordered trolleys occur, contracting with the Successful Proposer to operate all routes designated and described in the Price Lines Section and in the Header/Attachments Section as a full turnkey operation. 3.1,2. LEGAL HOLIDAYS Legal holidays for the City of Miami include the following; New Year's Day . Martin Luther King's Birthday* Washington's Birthday* Memorial Day Fourth of July Labor Day Columbus Day'' Veteran's Day"' . Thanksgiving Jay Friday after Thanksgiving Day* Christmas Day • Page 35 of 50 Request for Proposals (RFP) 256244,1 *Dates as indicated shall not be considered legal holidays for Successful Proposer. 3.1.3. Vehicle Minimum Specifications, Hours of Operations and Performance Standards ' Proposers are to refer to the PDF document entitled, "Vehicle Minimum Specifications, Hours of Operations and Performance Standards", in the Header/Attachments Section for"listed minimum requirements. Proposers must propose vehicles meeting or exceeding the Vehicle Minimum Specifications (Supreme Classic American or Approved Equal). The City of Miami reserves the right to add, delete, modify, or change the Hours of Operations and Performance Standards. If the City adds; deletes, modifies, or changes the normal hours of operations (Monday - Saturday), the City and Successful Proposer may re -negotiate new rates, subject to the 20% operational threshold, 3.1,4. Objectives The primary objectives of the contract operation are: a) To provide safe, clean, reliable, efficient and cost-effective transit circulator (trolley) service in the Health/Stadium District and BiscayneBrickell Routes, as well as additional optional routes being . considered (Allapattah/Overtowm and Coral Way), within the projected service hours specified; b) To initially provide an eco-friendly fleet of trolley vehicles, with capacity for at a minimum of twenty-five (25) passengers, preferably wrapped or painted in an attractive design and image suitable to the City, and c) To provide a professional, courteous, and pleasant transit experience for each passenger. Selection of a proposal will be based on the most favorable combination of outcomes to meet above objectives, 3.1.5, Service Description The Health/Stadium District and BiscayneBrickell Route Circulators, as well as additional optional routes being considered (Allapattah/Overtown and Coral Way) will initially be operated as a full turnkey operation contract. They are proposed to operate a minimum of four (4) trolley vehicles with a minimum capacity of twenty-five (25) passengers per vehicle on each route. The Health/Stadium District and BiscayneBrickell Route Circulators (requiring ten (10) trolleys), as well as additional optional routes being considered (AllapattahlOvertown and Coral Way), are to operate weekdays and Saturdays for approximately twelve (12) hours, with two (2) vehicles operating in each direction plus one trolley backup in case of breakdowns. Successful Proposer will provide an 'additional trolley vehicle to serve as a backup to the four (4) trolley vehicles that will be in service. The City reserves the right to modify the service level above/below that specified in the RFP and renegotiate the contract hourly rate with the Successful Proposer at that time. Health/Stadium District and Biscayne/Brickell Route Circulators; as well as additional optional routes being considered (AllapattahlOvertown and Coral•Way) will be a system of routes with a goal of ten (10) to a maximum of fifteen (15) minute headways for peak hours and twenty (20) minute headways for off-peak hours, The Health/Stadium District and Biscayne/Brickell Route Circulators; as well as additional optional routes being considered (Allapattah/Overtown and Coral Way), will be coordinated with existing Miami -Dade Transit (MDT) bus operations. Each route and the level of service may be refined by the City based on system performance. The City will provide oversight of the service through its Office of Transportation as well as provide administration, marketing, advertising and public information services. The Successful Proposer will provide start-up expertise and services, system management, and all vehicles; personnel, facilities, fuel and services required for operation and maintenance of the service for Successful Proposer owned vehicles. Successful Proposer's services shall also include, but not be limited to, transit service and support vehicles, drivers, maintenance personnel, secuity, dispatchers; supervisors and the physical facilities and equipment necessary to operate a transit system, including garage, if applicable; and office facilities. Commencing service contract, Successful Proposer agrees to provide public transportation services in accordance with the route(s), number of vehicle(s) miles and headways, hours, and services specified herein. The City will make available; to the. Successful Proposer, a storage location(s). These locations) specified by the City at:its sole discretion, would be available for storage of vehicles after hours at no charge to the Successful Proposer, The 'Successful Proposer shall provide technical' and operating personnel and services necessary for the operation of the City's fixed route(s) trolley system. Fueling of City Owned vehicles will Page 36 of 50 Request for Proposals (RFP) 256244,1 be provided by the City at its expense. All services rendered shall be -subject to the control of the City and coordinated by the City. Responsibility for Successful Proposer's day-to-day operations shall be vested in the Successful Proposer'•s full-time Management. 3.1.6. Operations In and for the consideration specified in contract documents, Successful Proposer agrees to do all necessary things to manage, operate, and maintain a public transportation system to the City's satisfaction as required by this RFP and resulting Agreement, including but not limited to: Vehicle drivers shall be expected to: a) Not transport any animal, except seeing -eye dogs and special companion assistant dogs; b) Demonstrate courtesy, helpfulness, and good driving habits; c) Communicate events and passenger counts obtained by usual and customary logging procedures ; d) Log and report all events that impede vehicle movement, including security/safety issues and e)- Announce stop locations if on -board electronic equipment is not provided. The exteriorsignage will consist of the route name. The interior signage will consist of a Stop Request Alert only. The Successful Proposer will operate the service according to the projected service hours, Monday through Saturday (and any future weekends and holidays by direction of the City). The City will be responsible for providing information to be displayed by the Successful Proposer inside/outside all vehicles. The proposed routes in this proposal have been developed by the City and are subject to modifications and special event service options. 3.1.7. Service Area Maps In the Header/Attaclunents Section of this RFP, please find the Service Area Map for the proposed Health/Stadium District and BiscayneBrickell Trolley Routes, as well as additional routes being considered. Each route as considered shall have two (2) vehicles operating in each direction at any given time. 3.2 Successful Proposer Responsibilities The Successful Proposer 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 system operation (to be reviewed and approved by the City). The Successful Proposer shall obtain and provide all required state and local vehicle permits and license plates and ensure that all drivers are properly licensed for the service they are providing. The Successful Proposer must. also have all applicable state and local business licenses or obtain same prior to the start of service. The Successful Proposer shall bear all cost of license plates and all other operating expenses incidental to the use of its vehicles in service and the operation of the vehicle to comply with all laws, regulations, rules and orders of lawfully constituted authorities. The Successful Proposer shall give the City, Miami -Dade County and State of Florida Department of Transportation and its assignees the right and privilege to audit records and inspect vehicles on the premises of the Successful Proposer or wherever located whenever the same deems such inspection may be proper. The Successful Proposer will obtain, provide and maintain required policies of insurance and releases as identified in Section 2.23., Insurance Requirements, covering fire, theft, collision and liability. The Successful Proposer shall be liable for any penalties imposed on the City by local, state, and federal agencies due to the Successful Proposer's failure to obtain the proper vehicle licenses or maintain vehicles in accordance with local, state, and federal regulations. Services shall be managed by the Successful Proposer in accordance with the guidelines and parameters established herein and the attachments hereto. 3.2.1. General Responsibilities :a) •- The Successful Proposer•shall be solely responsible for die Satisfactory work'performance of its'-" employees and agents as.described.in this.Request for.Proposal or any reasonable performance standard established by the City; Page 37 of 50 Request for Proposals (RFP) 256244,1 b) The Successful Proposer shall be solely responsible for payment of all employees' wages and benefits. The Successful Proposer's personnel wages anti work hours shall be in accord with the local, county, and state regulations affecting such personnel; and c) Dispatch personnel shall be trilingual for English, Spanish and Creole, and trained for the special needs of elderly and disabled individuals and shall respond to questions concerning the service with courtesy, respect, sensitivity, and effectiveness. 3,2.2, Vehicle Operators a) Vehicle operators must have a valid Florida CDL (chauffeurs or commercial) driver's license as well as any other licenses required by applicable federal, state, and local regulations. Vehicle operators must also have a medical examination certificate and pass drug testing. A vehicle operator who does not pass the medical and drug examination shall not be permitted to operate a vehicle; b) Vehicle operators shall be trained in all operational procedures, including thorough knowledge of the service area street network; 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. Skills include customer service, assisting elderly and disabled riders to enter and exit the trolley vehicles, operating a hydraulic wheelchair lift or using a ramp in order for disabled persons to enter and exit the trolley vehicle, and proper use of wheelchair harnesses; e) Drivers shall also be trained to understand and practice the high quality of customer service required by the City. The Successful Proposer should provide adequate customer service training to its employees • (drivers/customer personnel) and should demonstrate to the City that drivers/customer personnel operating trolley vehicles for the City, have attended and successfully completed customer service trainings; f) Drivers shall assist passengers confined to wheelchairs in boarding and shall perform the tie downs. All trolley vehicles must be equipped with either a hydraulic wheelchair lift or ramp to comply with Americans with Disabilities Act (ADA) requirements; g) Drivers shall be trained to operate all types of vehicles (including reserve vehicles owned by the Successful Proposer) in the service, wheelchair lifts and harness systems and other equipment that they may be expected to use during service hours; h) Regularly assigned drivers or trained back-up drivers shall be available and on -time on a daily.basis to ensure consistent and reliable service; i) No vehicle operator shall take lunch hour or breaks inside or close by his/her vehicle. Passengers must never be kept waiting, except for drivers to maintain scheduled headways; j) Drivers shall be dressed and groomed appropriately. Further, all drivers shall wear a uniform acceptable to the City. Drivers and/or any other employee in contact with passengers shall wear identification tags clearly displaying their first name only while perfornung their duties; k) Each driver and vehicle shall have an accurate timepiece available and in clear sight at all times during vehicle operation. Drivers are required to adhere to and maintain the scheduled frequency of trips (headways); 1) Drivers are required to have a thorough knowledge of and abide by all traffic regulations along the route and m) Drivers need to be sensitive to ridership comforts, such as the interior temperature of their respective vehicle, cleanliness of vehicles, etc. It is imperative that the on -board air conditioning unit function properly at all times While the trolley is in service. An interior ambient temperature of 75 degrees Fahrenheit is desired at all times during trolley operation. 3.2.3. Staff Levels and Wages • The Successful Proposer shall pay staff wages within the acceptable ranges of the transportation industry for the established positions. 3.2.4. All Personnel a) • All personnel assigned shall be lmowledgeable of the 'services "to"'lie provided herein;' b) A11 personnel shall maintain a professional, courteous attitude ans; enng-ao<the best of then abrlit)t, • - , , any passenger questions regarding the provision of service. Discourtesy, rudeness or the use of profariity will not be tolerated and shall he grounds for immediate removal of the offending employee from performing work within the program; Page 38 of 50 Request for Proposals (R_FP) 256244,1 c) Drivers and dispatchers shall accurately complete and submit the required operating reports daily; • d) All personnel shall be required to attend quality/safety workshops as required by the City up to a maximum of eight hours per year per employee and e) The Successful Proposer 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. 3 2.5. Maintenance The Successful Proposer shall be responsible for all maintenance activities including but not limited to replacement parts and tires, oil and fluid changes, filters and cleaning of vehicle. Please state itt your proposal all details associated with your maintenance program,.including personnel training, daily operation practice, preventive maintenance program; etc. 3.2.6. Fares/Collections • The City, at its sole discretion, will charge a fare for the services provided. All fares collected shall be the property of the City. 3.2.7. Safety Program . The Successful Proposer shall assume full responsibility for assuring that the safety of passengers; operations personnel, and vehicles and equipment are maintained at the highest possible level. The City is responsible to insure that the Successful Proposer complies with all applicable State of Florida Department of Transportation regulations including Florida Administrative Code 14-90 and federal safety requirements. The City shall develop; implement, and maintain a formal Safety Program including periodic safety meetings, participation in safety organizations, safety incentives offered by the Successful Proposer to drivers and other employees, and participation in Risk Management activities under the auspices of the Successful Proposer's insurance carrier or other organizations. The Successful Proposer will require all drivers, dispatch personnel, vehicle maintenance mechanics, and supervisors to participate in the Safety Program. 3.2.8. Road Supervision The Successful Proposer shall provide road supervision as required to monitor drivers, vehicles, quality of service, and adherence to all established routes and time schedules, and to respond to emergency calls as appropriate. 3.2.9. Accident and Incident Procedures The City shall develop, implement, and maintain formal and expedient procedures to respond to all accidents, disturbances, passenger injuries/fatalities, and any other service interruptions/failures. Successful Proposer shall be responsible for reporting to .the City as described below, any incidents that occur. AU traffic accidents involving vehicles/pedestrians, irrespective of injury, shall be immediately reported to the City of Miami Police Department. The Successful Proposer will advise such agency of the accident and request a police unit to investigate the accident. The City Transportation Coordinator shall be iuunediately notified by the Successful Proposer of any accident or incident, especially those resulting in injury, in loss or damage to the City and/or private property. Written notification shall follow within 48 hours. This written notification shall describe the sequence of events and include reports by driver, attendant, witnesses, etc. In addition, the Florida Department of Transportation requires verbal' notification of any accident involving these services within 48 hours thereafter the incident, followed by a written report within 48 hours. Further, fatalities are to be reported verbally to the Florida Department of Transportation within 24 hours of the incident, followed with a written report within the. next 24 hours. It will be the responsibility of the Successful Proposer to provide follow-up reports, both verbally and in writing; within required hours of reported incident - applicable to both property damage, injury and/or fatality. 3,2,10. Emergencies - Natural Disasters In the event of an emergency or natural disaster, the City may require the Successful Proposer to make available; to the maximuin extent possible, transportation and conuiiunications services and facilities to' `• c: assist the City in -ameliorating such incidents. Any such use of the. trolley ,i icle$.for. emergency.response.,.y; purpose's musfbe pre=approved by the Office of Transportatiori'oflthe Grty':anillsazd'approval riust be ;. --- •.;t secured imwriting. To theextent the City requires the 'Successful Proposer to provide such emergency services', the Successful Proposer shall be relieved of the obligation to fulfill the duties and Page 39 of 50 Request for Proposals (RFP) 256244,1 responsibilities of operating the current or any future trolley operations which may be established herein. Further, the Successful Proposer 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 Successful Proposer and the City prior to the conclusion of the emergency or disaster, or at such other time as they may mutually agree upon. 3.2.11. Operations, Maintenance and Vehicle Facilities The Successful Proposer is required to provide the following facilities to effectively manage and operate the Health/Stadium District and Biscayne/Brickell Trolleys and for any future optional routes designated: a) A dispatch room and supervisor station; b) Facility for maintenance of the vehicles (as previously stated in this RFP, the City will make available storage locations for all trolley vehicles, at no cost to the Successful Proposer; c) Storage for the Successful Proposer's vehicle maintenance equipment (including cleaning supplies and spare parts); d) Daily fueling for Successful Proposers vehicles and also to provide a dedicated source of fuel during emergencies/natural disasters; •e) Break room for drivers and staff; f) Showers and resh oom facilities and g) Successful Proposer will be responsible for providing all security for the Trolley vehicles. Prior to signing an Agreement with any of the Proposers; the City reserves the right to inspect the Proposer's closest maintenance facility. 3.2.12. Equipment Successful Proposer's vehicles proposed for use should meet all specifications as defined in this proposal and required by law (Supreme Classic American or Approved Equal Buses). 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. 3.2.13. Cleaning Successful Proposer shall provide all labor and materials necessary to keep the vehicles clean at all times. Successful Proposer shall wash the exteriors of the vehicles, including support vehicles, at least weekly, and shall clean the interiors of the vehicles daily by picking up all litter, sweeping the floor, and cleaning the windows if required. Successful Proposer shall mop vehicle floors and clean all other interior items including seats, handrails, and windows as needed to maintain a clean vehicle. The interior passenger compartment shall be free of roaches and other insects or vermin as well as noxious odors from cleaning products. Successful Proposer shall remove all grafitti 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, lithe grafitti is offensive or vulgar and cannot be removed, that vehicle shall be taken out of service immediately. 3.2.14. Service Standards The Successful Proposer shall strive to provide a fixed -route public transit service in the Health/Stadium District and Biscayne/Brickell Trolley Routes, as well as additional routes being considered, in a manner that will maximize the efficiency of the service while achieving excellent customer service. The technical performance standards are listed in the Header/Attachments Section. These technical performance criteria balanced with customer service criteria will serve as the benchmark standards for the periodic evaluation of the Successful Proposer by the City. A performance evaluation of the Successful Proposer will be completed by the Transportation Coordinator of the City of Miami every six (6) months or as deemed appropriate. The Successful Proposer and the City shall meet periodically to evaluate the performance of the Successful Proposer and the effectiveness of the transit service based upon these technical and customer service standards. If the standards are not fulfilling their intended purpose, they shall be adjusted based upon recommendations made by the Successful Proposer with concurrence by the City. • Should it be found that the Successful Proposer's performancehks contributed to the -Successful Proposers° • -failure to achieve -these standards, the Successful Proposer shaihtakeall reasonable actions requested by the. .-City.to imtnediatehy correct deficiencies in performance. Should''def eieffeie's •perstst the•Crtyriiay assess` - • liquidated damages and/or exercise its right to terminate the contract unilaterally. 'Service hours will comply with the Health/Stadium District and Biscayne/Brickell Trolley Routes Page 40 of 50 Request for Proposals (RFP) 256244,1 scheduled operational hours established by the City. The Successful Proposer shall not be held responsible for the failure to provide on -time service due to naturally occurring disasters. 3.3. Operating Responsibilities and Procedures 3.3.1. - Standard Operating Procedures The Successful Proposer shall prepare and submit with its proposal written procedures for operation of the Service ("Standard Operating Procedures"). Any changes after award must be approved by the City in advance. These Standard Operating Procedures shall include, but not be limited to, the following: a) Plans for replacement of disabled Vehicles; b) Procedures for notifying City of delays and cancellations; c) A list of names and phone numbers of contact persons who can make operating decisions and be reached during Hours of Operation and after hours; d) Accident review procedures and Operator corrective processes; e) Radio check in and coordination procedures for maintaining Vehicle headways, including procedures for GPS/Automated Vehicle Location reporting; f) Description of Operator training (including hospitality and courtesy training) g) Procedures for operating vehicles and providing service, including procedures to insure that stop announcements are made by bus operators; h) Procedures for daily servicing; i) Fare Collection and accounting procedures; j) Fare payment validation and enforcement procedures; lc) Procedures for dispatching Vehicles to achieve balanced accumulation of mileage for each Vehicle in the fleet and accomplish required Service and maintenance; 1) Contingency plan for emergencies such as accident, fire; mechanical failure, inclement weather, and criminal activity; m) Procedures for the handling of public and internal comments and complaints, and: n) 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. o) Customer service guidelines, employee standards of conduct. p) Supervision, with sufficient supervisory level personnel to respond to service problems, monitor performance schedules and procedures, and enable operators to communicate with the base office, during all Hours of Operation. 3.3.2. Additional Operating Procedures The Successful Proposer 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. a) The Successful Proposer will not use or allow the Vehicles to be used for any illegal purpose. b) The Vehicles shall not be used for towing, pushing or any purpose other than the transportation of passengers. c) The Successful Proposer shall not overload the Vehicles beyond their specified can-ying capacity nor operate a Vehicle in an unsafe manner. d) No other use may be made of the Vehicles dedicated to the City except as specifically authorized in writing by the City. e) All Vehicles shall operate with headlights and taillights turned on while in Service. f) 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. g) Service shall be Provided to all orderly persons who pay 'the:pioper"fare and'compl}%with ridership • " •' , rules and regulations established by the City. The Contractor shall not discriminate against any paying •- -. ' -passenger or prospective paying passenger because of race col'ijt, rl ligi6n---6 countiy'bfofigin;"a_e, gerid-er,1 . • k -•w: s sexual preference or disability. Page 41 of 50 Request for Proposals (RFP) 256244,1 h) 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. 3.3.3. Substance Abuse Testing The Successful Proposer must implement a written Drug and Alcohol Testing program. A description of this program shall be submitted with the proposal. 3.3.4. Initial Vehicle Inspection The City and the Successful Proposer shall make arrangements as necessary to schedule inspections prior to executing an agreement. Vehicles not meeting the minimum requirement will be deemed non -responsible and shall be cause for the City to negotiate with the next highest ranked fun. 3.3.5. Fines or Other Charges If the fines or other charges for which the Successful Proposer is responsible are levied, assessed, charged • or imposed against the City, the City will notify the Successful Proposer 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 Successful Proposer. In the event payment is made by the City, the Successful Proposer 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 Contract or be recouped from any payments due to the Contractor. 3.3.6. Exclusive Use The Successful Proposer shall not enter into an agreement with any other party for use of equipment and/or personnel dedicated to this service without the approval of the City. 3.3.7. Vehicle Servicing and Repair The Successful Proposer shall maintain the Vehicles in accordance with industry standards and warranty requirements to ensure safe, clean, attractive and efficient operation of the Vehicles at all tines. The Successful Proposer shall prepare and submit with its proposal a written Preventive Maintenance (PM) Policy and Program Manual. Any changes after award must be approved by the City in advance. The Successful Proposer shall provide separate PM programs for the vehicle heating and air conditioning (HVAC). Emergency Road call service, including towing of disabled vehicles, will be performed by the Successful Proposer. 33.8. Preventive Maintenance The Successful Proposer shall design and implement a preventive maintenance ("PM") program that will combine regular inspections with scheduled interval -related servicing needs and warranty requirements as provided by the manufacturer. Elements of the PM program shall include (but not be limited to): a) Daily pre- and post -pullout safety inspections. b) . Daily servicing of fluid levels, tires, lights and minor mechanical problems. Brakes shall be checked . weekly. . c) Periodic mechanical and safety inspections by mechanics and supervisors. Such inspections shall be documented and completed monthly or more often as indicated necessary by recurring problems. d) Interval related servicing should be scheduled to reduce downtime and ensure maximum life and performance of Vehicle components. A minimum of the manufacturer's recommended intervals are required. e) The Successful Proposer is responsible for the required inspections of all vehicles used for these services, if and when applicable. The Successful Proposer shall schedule and deliver the Vehicles to a certified inspection station as required, if and when applicable. f) A major vehicle mechanical condition inspection and assessment of all Vehicles shall be conducted annually by the Successful Proposer. .. i ... . 3.3.9. Mechanical and Body Repairs • ''''Within three (3) days of learning of damage or the need for any' "repairs; the*Stccessfut'PtoposerW 1i' ' -"•"''''''''' .. _..complete,or.cause to have.completed. all mechanical repairs found necessary to maintain the function of all components and features of the Vehicles unless otherwise directed in writing by the City. Page 42 of 50 . Request for Proposals (REP) 256244,1 a) 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, b) 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, c) 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. d) 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. e) The Successful Proposer 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. 3.3.10. Repair Standards In conducting necessary repairs the Successful Proposer will warrant that: a) Qualified maintenance personnel, utilizing appropriate tools and equipment, trained to complete such work have conducted the repairs; b) The repairs have been conducted to the best available standards of quality; and Original Equipment Manufacturers ("OEMs") approved parts have been used to affect the repairs. 3.311. Vehicle Records The Successful Proposer shall maintain a complete individual vehicle history of every vehicle provided 'oy the City. The Successful Proposer is responsible for keeping the vehicle maintenance file current throughout the term of the Contract and shall make available complete copies of all files available to the City at the end of the contract. The City or its agent shall have reasonable access to all vehicle maintenance records during planned or unannounced visits or inspections of the Successful Proposer's facility for the duration of the Contract. The Successful Proposer shall maintain records to document the following (but not limited to): a) The completion of required inspections; b) The timely execution of scheduled servicing; c) Major repairs and replacement of Vehicle components d) Use of parts and components; e) Unscheduled maintenance: I). Accident repairs and body work; g) Warranty work and claims; h) Fuel and oil and fluids consumption on a unit per Vehicle basis; i) Vehicle mileage and hours of operation; j) Tire and brake life; k) Hours of operation; 1) Frequency of service provided; m) Days of operation; n) Total actual vehicle miles — the total miles a vehicle travels including any deadhead; o) Total actual vehicle revenue miles, if applicable — the total miles the vehicle travels while in revenue service, excluding any deadhead; p) Total actual vehicle revenue hours, if applicable — the total hour the vehicle travels while in revenue service, excluding any deadhead; •-q) ' .-Totalscheduled.vehicle revenue miles — the total vehicle:revenue miles .computed frorn the scheduled service excluding deadhead, sen+ice interruptions, and special additional services;. ' r):i' Unlinlced'passenger•trips 4.the number of passengers who;;board the public transportation.vehicles (as.., d'etermined.by an: actual 1 00% count. or by .a Federal. Transit Administration ("ETA") approved sampling procedure); Page 43 of 50 Request for Proposals (RFP) 256244,1 s) Passenger Miles — the sum of the distances ridden by each passenger; t) Cost per rider; u) Ridership for each route. 3.3.12. Vehicle Defect Records The Successful Proposer shall maintain records regarding any vehicle defect that occurs, Vehicle defect cards shall be made available to operators and staff on all vehicles operated under this Contract. A vehicle defect report shall be completed as part of the pre -trip inspection on each vehicle and after service and filled chronologically by vehicle number. Operators will turn in defect cards prior to and after each shift to the Successful Proposer's staff person who is charged with reviewing each card to prevent buses with problems from going outon the next shift/assignment. Original vehicle defect reports shall be kept on file, 3,3.13. Warranty Claims The Successful Proposer shall be responsible for documenting, filing and executing all warranty claims with the OEMsand component manufacturers. The Successful Proposer must ensure that all vehicle manufacturer warranty work is accomplished to guarantee the City compliance. with necessary warranty requirements. Successful Proposer shall track all warranty work including parts and labor and submit claims for reimbursement to the manufacturer/supplier. Successful Proposer shall be responsible for defending claims and diligently pursuing claims that, in the City's,.its agent's, or the Successful Proposer's opinion are unjustifiably denied. The City may have its maintenance auditor review vehicle records to ensure warranty claims are being properly recorded, submitted, and defended. 3.3.14. Variations and OEM No variation or vehicle system modifications will be allowed without written authorization from the City. Only original equipment manufacturer (OEM) parts and supplies may be used unless the Successful Proposer submits a written request to the City, with all relevant documentation, for a specific case -by -case waiver from this requirement and is granted that request. As a result of the required vehicle repairs; the Successful Proposer shall ensure that all reassembly tasks are performed in such a manner that the vehicle remains in the OEM configuration as it was received. This includes but is not limited to the wiring configuration and clamping; powertrain components, and body assembly, 3.3.15, Quality Assurance and Audits The City shall have immediate and unrestricted access to all vehicles and vehicle maintenance records during planned or unannounced visits or inspections to vehicles and Successful Proposer's facility for the duration of the Contract. Successful Proposer shall immediately remove from operation any bus that is determined by the City to be in need of repair, cleaning, or other action. 3.3.16. Preventive Maintenance of Heating and Air Conditioning Periodic inspection and servicing checklists will be developed that conform at least to manufactures' most severe service recommendations and generally accepted best industry practices. The Successful Proposer shall properly maintain operating AVAC systems on all vehicles at all times. No vehicle shall be permitted to enter service without a properly functioning heating or air&48209;conditioning system and the Successful Proposer shall be expected to make all reasonable efforts to change out a vehicle that experiences a malfunctioning heating or air-conditioning system while in service, 3.3.17. General Repairs Successful Proposer shall provide as required all general repairs to vehicles provided by this Contract. This includes replacement of items that are or appear to be won out (such as seat covers). 3.3.18. Responsibility The City shall not be required to repair, replace; or maintain any bus. Successful Proposer shall be fully responsible for all repairs, maintenance, and replacement of all buses during the term of the Contract, including timely replacement of buses damaged beyond repair. 3.3.19. Fuel The Successful Proposer will be responsible for supplying all vehicle fuel. The fuel used for buses must be ultra low sulfur diesel, with less that 30 ppm sulfur and comply with all future diesel fuel requirements. 3.3.20. Parts, Lubricants, Supplies ::.:,...,.... :. , •:•....: _.:.:. • ...Successful Proposer; at its sole.cost and expense, shall.maintain stores of and provide lubricants; repairs, —parts; and supplies required for the maintenance and operation of all buses and service vehicles. 3.3.21, Tires Page 44 of 50. Request for Proposals (RFP) 256244,1 Buses will arrive at Successful Proposer's facility with the City owned tires. These tires must be niunediately removed and returned to the City. The Successful Proposer will be responsible for providing tires for all vehicles. 3.3.22. Inventories The Successful Proposer shall maintain reasonable inventory levels to assure timely repair of vehicles/equipment. The Successful Proposer's supplied parts inventory shall remain the property of the Successful Proposer upon completion of the term of this Contract, and the Authority and follow on Successful Proposer shall have first right of refusal for the purchase of any remaining inventory. Successful Proposer shall submit a Parts and Warehousing Plan to the City for approval, including, at a minimum, loss prevention, shelf -life, and a critical items list. A general description of this program shall be submitted with the proposal with the detailed program submitted to the City for approval at least thirty ( 30) days before the first day of service provision. 3.3.23, Painting of Vehicles Vehicles will be delivered with special paint or deealina scheme for Downtown Circulator service. It will be the Successful Proposer's responsibility to maintain the color scheme, with painting/decaling as needed, throughout the life of the contract. 3.3.24. Bus Engine/Powertrain Replacement Warranty reimbursement for the replacement of components still under warranty will he the responsibility of the Successful Proposer. Powertrain component replacements and repairs for non -warranty items will be the Successful Proposer's responsibility. All repairs and replacements shall be completed within two weeks of failure or request for replacement, unless otherwise approved. 3.3.25. Modification and Repair of Destination Signs The Successful Proposer shall perform any required maintenance to ensure proper operation of all vehicle destination signs. In the event of route changes that affect the destination sign readings, the City will notify • the Successful Proposer of changes in writing and the Successful Proposer will revise the destination sign to reflect that change. Successful Proposer will be responsible for equipment necessary to update these signs. 3.3,26. Miscellaneous Work The Successful Proposer shall provide labor for miscellaneous maintenance -related activities on vehicles as may be necessary, 3.3.27. The City Inspections The City shall have the right and authority to periodically conduct, with or without prior notice, inspections of the Vehicles and Successful Proposer maintenance records and procedures. The City shall order necessary and reasonable revisions to such procedures as determined to be in the best interests of the City. a) All mechanical defects identified by a City inspection shall be corrected within three (3) days; b) Vehicleswith safety defects that would impair safe operations shall be removed from Service immediately and the problem corrected, and c) Minor damage to the body of a Vehicle shall be repaired by the Successful Proposer. During the term of the Contract, the City may utilize a maintenance auditor to provide expert review of the Successful Proposer's maintenance practices and to audit the condition of the City's vehicles at time intervals no less than quarterly. These auditors may or may not be the City employees. These fleet audits will include extensive vehicle inspections, utilizing the pits and lifts of the facility, and 'also involve inspection of maintenance documentation and Successful Proposer's procedures. Fluid analysis will be involved. The Successful Proposer must provide full cooperation to these consultants, arrange for efficient use of their time through facility and vehicle access, supply personnel to move vehicles, and make on -the -spot repairs, adjustments, etc. Access to Reports - The City intends for these audits to not only not as an independerit Monitoring of the .Successful Proposer's maintenance efforts, but also as a method for the Successful Proposer to demonstrate constant improvement. Audit reports will be available to the Successful Proposer and the consultants will provide follow-up meetings and suggestions. Fluid:Analysis :-The•City shall notify the Successful Proposer at, least 48 hours in advance regardinm the Page 45 of 50 Request for Proposals (RFP) 256244,1 upcoming collection of oil, transmission, coolant, or other fluids for analysis as part of an audit. During this 48 hours, the Successful Proposer must inform the City of any scheduled preventive maintenance on any bus which might affect the samples to be tested, Repairs —Any deficiencies in the vehicle fleet identified by the audits shall be repaired by the Successful Proposer. Within 10 days after notification of such deficiencies, the Successful Proposer shall present a written repair schedule/timeline to the City for approval. Failure to submit such a schedule or to not complete the repairs according to an approved schedule will permit the City to procure a third party to complete such work at the Successful Proposer's expense. Any deficiencies that render a vehicle "deadlined" shall be repaired immediately. Protest —In the event the Successful Proposer disputes the independent auditor's findings; or believes for other reasons that the City should reimburse the Successful Proposer for such repairs, the Successful Proposer may seek the Cit;y's approval of a third party paid for by the Successful Proposer and approved by the City, to provide a second opinion. With assistance from the City's auditor, the City will consider additional opinions and attempt to resolve the issue. If the dispute cannot be resolved within a reasonable timeframe; the decision of the City shall be final. Under no circumstances shall the Successful Proposer be relieved of its responsibility for fully complying with adequate equipment requirements to meet service needs during such protest periods. Maintenance Goals And Objectives Successful Proposer roust establish, submit for the City approval, and track vehicle maintenance goals and objectives. A general description of this program shall be submitted with the proposal with the detailed program submitted to the City for approval at least 30 days before the first day of service provision. d'Y Page 46 of 50 Request for Proposals (RFP) 256244;1 4. Submission Requirements 4.1.'SUBMXSSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. NOTE: ALL RESPONSES WILL BE SUBMITTED IN HARD COPY FORMAT ONLY TO INCLUDE ONE ORIGINAL AND EIGHT (8) COPIES, ALONG WITH A PDF COPY OF THE PROPOSAL SUBMITTED IN A CD. ******NO ON-LINE SUBMITTALS WILL BE ACCEPTED*****`* 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Finn's Liaison for the Contract; Local Office. Location; Local Business Address, if applicable; Business Telephone and Fax Numbers, if applicable, Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2• Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission, All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary: A signed and dated summary of not more than two (2) pages containing the Qualifications, and Experience, Ability and Capability to Perform Required Services, Methodology and Overall Approach, and Technical Solution, as contained in the submittal. Include the name of the organization; business phone and contact person. 4. Qualifications and Experience a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business providing a similar serviee(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. b) Provide a list of all principals, owners or directors, c) Provide a complete list of clients for which Proposer has provided a similar service(s) as required in this • REP. This list should include those entities of a similar size; complexity and scope of work, to the City, particularly governmental entities, for whom services have been performed during the past five (5) years. d) Provide detailed background indicating qualifications and experience, for the Successful Proposer and all personnel to be assigned the City's account throughout the duration of the Contract. e) Provide, at a minimum, three (3) references that have utilized the services proposed in this response, to the most relevant current completed services, to include name, address; telephone number, and description of work, must be included in the response. f) Should Proposer propose to utilize a Sub -Contractors) to perform any of the services, Proposer must identify Sub-Conctractor(s) and those services to be performed. Proposer must provide Sub -Contractors) qualifications and experience in detail, highlighting the experience in various areas addressed in this RFP. List who will be acting as the prime contractor, including address, contact and phone numbers, and briefly describe each other party's relationship to this prime. • g) Provide a list of clients that have, for whatever reason, discontinued id use your serdices•within the past • -three (3) years, and indicate the reasons for the same, The City,reserves the.;right, to;contaet any,reference as., part of the evaluation process. h) Provide three•(3).Letters of Reference on letterhead from entities, particularly governmental entities of a - similar size for whom similar services have been performed Page 47 of 50 Request for Proposals (RFP) 256244,1 5. Ability and Capability to Perform Required Services a) Describe the size of Proposer and its ability to provide required services to the City. . b) Describe your current operations and the manner and scope of other services currently or in the last five years. Describe the Proposer's management capacity and system for coordinating all of the services to be provided under this RFP and any other contracts of the Proposer; further, discuss how it plans to handle and coordinate all these efforts, along with the services to be performed pursuant to the RFP, if awarded a contract, c) Provide financial data for your company as well as any other entity with whom you are proposing this project. d) Provide information as to any and all pending or previous lawsuits, filing of or any pending bankruptcy proceedings, including the disposition of same, Filed against the Proposer relating to similar services being sought within this RFP. f) Provide information as to whether Proposer has been acquired, plans to be acquired or merged with any other firms in the future, if known. Explain how said merger with another entity(s) may affect the services • to be provided to the City, if any. g) Provide audited financial statements for the past three (3) years. A CPA Compilation Report will be accepted for those companies that are not publicly traded. 6. Methodology and Overall Approach to Scope of Work Discuss in detail Proposer's Overall Methodology and Approach to the work to be performed as required under Section 3, Specifications and Scope of Work. Proposers are to provide separate and detailed discussion in an orderly format for the following but not limited to: (1) Describe bow Successful Proposer plan on selling the interior and/or exterior areas of the replica trolleys and collect monies to assist the City on maximizing potential revenue streams produced by such advertising to offset the City's cost for the trolley/bus circulator service. Describe potential advertising, promotional ideas, partnerships, affiliations, and cost in your proposal. (2) List all details associated with Proposer's maintenance program, including personnel training, daily operating practice, preventive maintenance program, etc. (3) Describe the Electronic Fare Box/Fare Collection Devices to be used in the Replica Trollets, if a fare would be imposed. Attach any pictures, schematic diagram, or drawings with description. . (4) Describe Proposer's Standard Operating Procedures (SOPs) including, but not limited to, the following: • • Plans for replacement of disabled Vehicles; Procedures for notifying City of delays and cancellations; • A list of names and phone numbers of contact persons who can make operating decisions and be reached during Hours of Operation and after hours; • Accident review procedures and Operator corrective processes; • Radio check in and coordination procedures for maintaining Vehicle headways, including procedures for GPS/Automated Vehicle Location reporting; • Description of Operator training (including hospitality and courtesy training) • Procedures for operating vehicles and providing service, including procedures to insure that stop announcements are made by bus operators; • Procedures for daily servicing; . Fare Collection and accounting procedures; Fare payment validation and enforcement procedures; • Procedures for dispatching Vehicles to achieve balanced accumulation of mileage for each Vehicle in the fleet and accomplish required Service and maintenance; Contingencyplan for emergencies such as accident, re'mechanical failure, - - fire, inclement weather, and • criminal activity; _Procedures for the handling..of public.and internal comments.and complaints, and; Operator safety, recognition and rewards program, and disciplinary procedures for the Operator • .. ... • • Page 48 of 50 Request for Proposals (REP) 256244,1 misconduct. • Special attention should be paid to an incentive program for front line employees who provide excellent customer service. Customer service guidelines, employee standards of conduct. Supervision, with sufficient supervisory level personnel to respond to service problems, monitor performance schedules and procedures, and enable operators to communicate with the base office, during all Hours of Operation. (5) Describe Proposer's Safety Program and how it plans on implementing and maintaining said program. Attach a copy of the Proposer's Safety Program, if available. (6) Describe Proposer's Substance Abuse (Drug and Alcohol) Testing Program. Attach a copy of Proposer's Substance Abuse (Drug and Alcohol) Testing Program, if available. (7) Submit Proposer's Preventive Maintenance (PM) Policy and Program Manual for the replica trolleys (busses). (8) Explain or provide a general description of your Pans and Warehousing Plan, including how proposer will reasonably maintain satisfactory inventory levels to assure timely repair of vehicles/equipment, (9) Provide any other programs, information, plans, details, approach or methodology that Proposer feels adds value to providing bus circulator services to the general public. 7, COST/REVENUE Cost- Proposer shall provide an itemized and breakdown cost as shown in the Price Line Section in this RFP document. Proposer may use the document provided by the City or its own document so long as Proposal follow the same format. Failure to do so may deem your Proposal non -responsive. Revenue- Proposer shall include any or all pictures, schematic diagram, or drawings illustrating the interior and/or exterior areas of the replica trolleys and labeling the proposed area for advertisement with the anticipated amount of revenue to be generated on a daily, weekly, monthly; and annual basis for each area of advertisement placement. 8. Trade Secrets Execution to Public Records Disclosure All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes, An exception may be made for "trade secrets." If the Proposal contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the RFP number marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Proposal as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. Page 49 of 50 Request for Proposals (RFP) 256244,1 5. Evaluation Criteria 5.1. EVALUATION CRITERLA Proposals shall be evaluated based upon the following criteria and weight: Selection Evaluation Criteria and Weioht: Qualifications and Experience 20 Methodology and Overall Approach/Ability and Capability to Perfom Required Services 30 Costs to City: 40 . Green Concepts 10 Total 100 Page 50 of 50 • KENNETH ROBERTSON Chief Procurement officer ADDENDUM NO. 1 RFD. NO. 256244 March 4, 201 Tony E. Crapp, Jr. City Manager Request For Proposals to Provide a Trolley Service Operation for the City of IViarni Health/Stadium District and Biscayne/Brickell Routes, as well as Additional Optional Routes (Allapattah/Overtown and Coral Way) and Special Events/Charters TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, and clarifications, amend the Request for Proposal (RFP) documents of • the above captioned RFP, and shall become an integral part of the Proposal/Contract Documents. Please note the contents herein and reflect same on the documents you have on hand. • NOTES: 1), Please be advised that the City of Miami has elected to acquire the trolleys prior to the start-up of the Trolley Route Operations. No Interim trolleys will be utilized. As an adequate number of new trolleys are received by the City, each route will commence. All references to Proposer Provided/Interim Vehicles are hereby deleted from this RFP.. . 2). All references to a "minimum" capacity of 25 passenger vehicles are revised to reflect en "approximate" capacity of 25 passengers per vehicle. 3), We have -extended the Proposal Closing Date from: Tuesday, March 8, 2011 to: Tuesday, March 29, 2011 et 2:00 PM 4). In Section 3.1.7„ please delete the last sentence which states: "Each route as considered-shall-hay!e-two_(.2)_vehicies_operating_in ea.ch_directi.an_ at any given time." 5)!'` Pi -(AS a'n optional service to the City, please•proOde, in your :proposai;•anhourly rate'for Charters/Special Events utilizing Non -City Owned (proposer provided) Vehicles as'e full turnkey operation. All vehicles must accommodate a minimum. of 20 passengers and be acceptable to the City for usage. Proposer Questions and Answers: Could the City of Miami please provide the specific revenue hours (or projected service hours) to be bid on the Cost Form? Although the hours are well defined on the Trolley Operations Specification Sheet, the annual number is not calculated, Setting the "estimated hours" to be bid on the Cost Form assures all bidders are basing their hourly rate on the same number of hours. Al. An estimated 3,744 Annual Operational Hours per Trolley or 52,416 Annual Total Operating Hours for fourteen (14) Trolleys, based on the operational plan as described in the RFP. This will be adjusted based on actual contracted annual operational hours. Q2. Is the pricing to be provided on the Cost Form for the first year? A2. The City of Miami has revised the RFP to require proposal pricing a's follows: City Owned Vehicles: Provide the Cost to City Her Total Operating Hour To Provide Personnel, Drivers, Insurance, Storage Security, Maintenance and Operations (City provides fuel and, if.required, the vehicle storage location). The annual operating hourly price proposal will be determined by the proposer, for each year, to include all initial five (5) years plus the five (5) Option To Renew annual periods, for a total of ten (10) years, This aggregate total will be used to establish the "Costs To City" point evaluation as shown in the Evaluation Criteria, Section 5.1. Q3. The City may wish to provide a line on the Cost Sheet for the Charter and Special Events rate? A3. No, the City requires, a single, all-inclusive hburly operational rate only for all City owned Trolleys, Q4. The RFP contemplates either a "no fare" or "fare" based service, We suggest the City provide a line item on the Cost Form for quoting the additional cost per hour for providing fareboxes and collecting fares. A4. The fare boxes will be furnished and installed by the City and all end -of -day fare box/cash collections will be withdrawn daily by the City. 05. Please provide a line on the Cost Form to indicate the prompt payment discount, if any. A5. This offer should be par of your submission package and will be negotiated with the Successful Proposer. .' Q6, -The RFP-May:require a'performance bond in the amount of-100% of the contract price, Does •. the "contract price" refer to the annual price? 2 A6. Yes, it is annual since surety companies' issue the Performance Bond based on Annual Amounts and are normally extended annualiy by the surety company. 07. Performance bonds are not required by the Federal Transit Administration (FTA) on service contracts nor are they commonly required. The performance bond requirement will raise the City of Miami's cost for service on an annual basis and be of limited value. Miami's qualification procedures include a thorough review of the contractor's financial ability to perform the contract Accordingly, we respectfully suggest that City of Miami reduce the amount of the bond, or drop its requirement altogether. A7. As stated in Q6 and A6. above, the 100% Performance Bond is required for each year of the contract. 0.8. Please consider lowering the threshold to 10% of the specified vehicle service hours before en equitable adjustment may be made. A 20% decrease in service hours without an adjustment. • would not •allow the operator to fully cover its :fixed costs and would likely place the contractor In a loss position. Likewise, a 20% increase would result in the City of Miami being . overcharged for services, Considering the impact of insurance, vehicle leases, rents etc, wherein the contractor is providing these items, the impact of a 20% threshold before a price . .. adjustment would not be sustainable... .. . A8. Any adjustment to the vehicle service hours before an equitable adjustment may be made will ultimately be negotiated with the Successful Proposer. Additionally, Equitable Adjustment, Section 2.13., will no longer reflect the CPI for Fuel es a determining factor of price. Q9. The RFP offers a CPI adjustment to cover .drastic fuel price changes. We respectfully suggest that the City consider using the DPIS Index and peg the index to the initial bid rate. Otherwise, the contractor must hedge its current best price to account for the risk of fuel increases during the course of the whole first year. This results in either overpayment by the City or possibly a loss for the contractor, A9. As the CPI for Fuel, Section 2.12. is no longer applicable, this question is no longer applicable. Q10. Section 2.16. requires complaint notification to.the City of Miami, Office of Transportation, no later than 5 business days following receipt of complaint. The Specification Sheet, item 5, requires 72 hour response to the City. Please clarify. A10. The Specification Sheet (Header/Attachment), item 5, which requires 72 hour response to the City is the correct description. Please revise Section 2.16 to reflect the 72 hour response requirement. Also, be aware that this complaint/comment structure is established for all operational routes. 11.'° Section 2':17:'indicates that:the City may sell advertising and the City wishes to maximize the Tevenue:stream,5ection 4.1'requests•the Successful P.roposer.to describe how it plans to.sell the advertising for the interior and exterior of the Trolleys and collect the money to assist the City in maximizing revenue. Please clarify who retains the revenue, Alt This has now been revised. The City of Miami will control all advertising and promotional materials in or on the trolleys. The Successful Proposer will be responsible for distribution of brochures or flyers produced by the City. Q12, The Bid Bond (Proposal Bond) is for 5% of the total bid submitted. Is it 5% of the annual price? Please clarify. Al2. The City has agreed that all Proposers must submit a USD $25,000 Proposal Bond with Proposal submission, 0,13. The Performance Standards require the maintenance of headways (service frequency), Is it anticipated that the priority will be maintenance of frequency vs. scheduled departure times . • when on -time performance is being measured? Note Section 2.21 (Liquidated Damages) refers • to scheduled times as the standard, Please clarify. (If headways are 10 minutes or less, • consistent frequency should be the priority. Greater than 10 minutes than scheduled departure times are often more import, A13: Adherence to scheduled headways/frequency of service for each route will be the priority and the criteria for performance evaluation. Q.14. Per Section 2.24, this section requires a ceiling rate for each route, Please clarify. A14. As the City is acquiring its own trolleys prior to commencement of service, this Section 2.24 no longer applies. This hourly contract rate will be across-the-board for all hourly operations of City owned trolleys, including City Sponsored Charters and Special Events utilizing ,City Owned Vehicles. Q15. Could the City of Miami please provide a matrix indentifying the routes and numbers of Trolleys assigned to each route. A15, Health/Stadium District: 4 Trolleys Biscayne/Brickell: 10 Trolleys Allapattsh/Overtown: S Trolleys Coral Way: 5TrTrolleys Q16. Please clarify what is intended by assigning a backup Trolley by route? Is the Sth Trolley, for example, to be staged with a driver in the event of ridership' surges, or is.it your intent to ' ` ensure we `maintain sufficient spare Trolleys ready to respond to service disruptions and demand? A16. AU references to the 5tTrolley throughout this proposal are hereby deleted from the proposal. Spare vehicles) will be provided by the City and put into service at the City's discretion, i.e., Supervisor drives a spare trolley to the scene of a breakdown and driver continues with the spare trolley on its route, Supervisor stays on -site with broken down trolley for towing. R17. The RFP Section 3.1.5. states "Fueling of the City owned vehicles will be provided by the City et its expense." During the period in which interim vehicles are provided, will the City pay for the fuel? Additionally, we assume 3.3.19 refers to the pricing scenario where the Successful Proposer provides the fuel. is this correct? A17, Since the city will now be acquiring its own vehicles prior to commencement, proposers are to revise their Section 3.1.5., to read as shown below and also that Section 3.3.19., Fuel is hereby deleted entirely. Section 3.1.5. is revised to read as follows: 3.1.5. Service Description The-Health/Stadium District Route •Circulators will be, operated using four (4) trolley vehicles with an approximate capacity of twenty-five (25) passengers per vehicle. The Biscayne/Brickell Route Circulators will be operated with an additional ten (10) trolley vehicles with the same capacities. The City reserves the right to modify the service level above/below that specified in the RFP and renegotiate the contract hourly rate with the Successful Proposer at that time, Health/Stadium District and Biscayne./Brickell Route. Circulators, as well as additidnal.optional routes being considered (Allapettah/Dvertown and Coral Way) will be a system of routes with a goal of ten (1D) to a maximum of fifteen (15) minute headways for peak hours and twenty (20) minute headways for off-peak. hours, The Health/Stadium District and Biscayne/Brickell-Route Circulators, as well as additional optional routes being considered (Allapattah/Overtown and Coral Way), will be coordinated with existing Miami -Dade Transit (MDT) bus operations. Each route and the level of service may be refined by the City based on system perormance. The City will provide oversight of the service through its Office of Transportation es well as provide administration; marketing, advertising and public information services. The Successful Proposer will provide the Cost to City Per Total Operating Hour To Provide P_ecsanne.I,..Ddvers, Insurance, Storage -Security, Maintenance and operations (City provides fuel, storage location, if necessary). Successful Proposer's services shall also include, but not be limited to; support vehicles, maintenance personnel, disp.atchers,.s.upervisors-end the physical facilities and equipment necessary to operate a 'transit system, including garage, ' if applicable; officefadilitie's and Special Events and Charter.roperayions when using the City owned vehicles. .. 5 Commencing service contract, Successful Proposer agrees to provide public transportation services in accordance with the route(s), number of vehicle(s) miles and headways, hours, and services specified herein. The City will make available, to the Successful Proposer, a storage location(s), These location(s) specified by the City at its sole discretion, would be available for storage of vehicles after hours at no charge to the Successful Proposer. The Successful Proposer shall provide technical and operating personnel and services necessary for the operation of the City's fired route(s) trolley system. Fueling of City Owned vehicles will be provided by the City at its expense. All services rendered shall be subject to the control of the City and coordinated by the City. Responsibility for Successful Proposer's day-to-day operations shall be vested in the Successful Proposer's full-time Management. Q18. Please ciari fy vaho is responsible for obtaining license plates and the cost associated with the. - licensing ofthe City of Miarni furnished Trolleys? A18. The City of fVliami will he responsible to secure all required licenses and plates for each trolley vehicle. The Successful Proposer will be responsible to insure installation of all tags, registrations and •licenses. Q19. Is it anticipated that the authority -furnished Trolleys will be equipped with GPS? A.19. Since the City will now be acquiring its own vehicles prior to commencement, the City anticipates having,GPS devices installed in all,trolleys.. Q20. Is GPS/AVL required for the Interim vehicles? A20. Not Applicable. See Note J. above. Q21. Does the City of Miami intend to purchase extended warranties for the City furnished Trolleys? A21. Yes, if allowed by funding sources/agencies as an eligible capital cost. 022 Now will the City collect the funds from the Trolleys on e daily basis? •A22,•:-At•:the end of each.seryice day, it is anticipated thatall.will,repprt.to.the.Miatpi-Dade • Transit Central Administration Building, located at 3300 NUJ 32 Ave., Miami Fi 33142 to have " ` the cash vault Withdrawn and the Easy Card transactions downloaded to their system. Q23. Insurance requirements have been revised. A23. As shown below: INSURANCE REQUIREMENTS TROLLEY BUS SYSTEM Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability. Each Occurrence $ 1,000,000 General Aggregate Limit Products/Completed Operations Personal and Advertising Injury . B. Endorsements:Required S 2,0,00,000 $ 1,000,000 $ 1,000,000 City of Miami included as an additional insured (CG 2010 1'!/85, or Equivalent version) Contingent Liability & Contractual Liability. Primary Insurance Clause..Endorsement. Coverage for injury to leased workers Premises & Operations Liability Explosion, Collapse and Underground Hazard Loading and Unloading II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured: Employees as insureds City of Miami es loss payee on the auto physical damage ..III... Worker's Compensation Limits of Liability . . Statutory -State of Florida Waiver of subrogation • IV. Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit V, Umbrella Policy/Excess Liability (Excess Following Form/!rue. Excess Following Form/True Umbrella) 'A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence • $5,000,000 Aggregate • .$5,000,000 B. Endorsements Required City of Miami listed as an additional insured ' Increased limits to General Liability, Auto and Employer's Liability, Coverage VI, Physical Damage Coverage Collision Other than Collision/Combined Additional Coverage VII. Fidelity Bond $10,000 City of Miami listed as loss payee VIII. Garage Keepers Legal Liability $500,000 Deductible- $2,500 $1,000 Deductible $1,000 Deductible The above policies shall provide the City of Miami with written notice of cancellation or material . change from the insurer not less than (30) days prior to any such cancellation or materiel change, or in accordance to policy provisions, y R%, a i" 1. 41 t J ., ?a tC ga C d ° . Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" es to management, and no less than "Class V" es to Financial Strength, by the latest edition of Best's Insurance Guide, published. by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT A.DDITI ONAL INSURANCE COVERAGE AS MAY BE APPLICABLE Please revise your documents to reflect these changes, ALL OTHER TERMS AND CONDITIONS OFTHIS RFP REMAIN THE SAME. Sincerely, Kenneth Robertson Director of Purchasing y,s ° i. t'� /i 51 � . o ' 7*-;t�.,. t �'•i��5�'''��• ss'''J " e '-f'+'+'t o-z= .',-,4 bkY 2 c At s�f�fi t,j .. 'L7 si1,J2 �. f3c �lIQ14 � rr ar 4..1i., `�.A k �Jf ?< aS� 't�.F Make - Supreme Classic American or Approved Equal Vehicle Type Trolley with Wood Bench Style Seating or Approved Equal (see Header/Attachments for photograph of example vehicle) Number of vehicles requited Requirement of fourteen (14) vehicles in service with backups Capacity Minimnnn of 25 passengers Power/fuel type ULS Diesel or Similar Approved Engine Accessibility Must meet ADA requirements for public transit vehicles Reliability standards Any short-term vehicle provided by this Successful Proposer must not be more than five (5) years old when placed in service. New trolleys provided by the City must be maintained in excellent condition and remain in service for a minimum of ten (10) years. On -board amenities Vehicles provided by the Successful Proposer must have properly fonotioning air conditioning at all Hiles while in service that maintain 75 degree ambient temperature, Driver seatbelts must be provided. Map Holders and Advertisement space (interior/exterior) must be provided. Interior LED destination sign requirements The. City requires availability of interior stop alert message board and exterior destination sig cage Radio and Communication Equipment Two-way radios, GPS Devices On -Board All Vehicles Electronic Fare Box/Fare Collection Devices Must have registering electronic fareboxes compatible with Miami -Dade Easy Card program s 1' 5.. F3� 3sr Pi•c, e i.�.,`.. , 0'*`�+., * y_P vpe 1, ''. i s .. ail ri ha•14.1..,.'rp0, ds r -r Monday - Saturday initial Service Plan calls for approximately 12 hours Sundays Initial Service Plan calls for approximately 0 hours Holidays Initial Sercrice Plan calls for approximately 0 hours Frequency of Headways (trips) 10 - 20-minute intervals Total platform hours per weekday Starting Approx. 168 hours (14 vehicles at 12 hours per day) Total platform hours per Saturday Starting Approx. 168 hours (14 vehicles at 12 hours per day) Total platform hours per Sunday 0 except for Special Events (i.e., Marlins/Heat Games) and Charters Total platform hours per Holiday 0, except for Special Events (i.e., Marlins/Heat Games) and Charters , , •• Number of routes 2 with additional optional routes Fares City intends to charge a fare for Regular Service (potentially $ 1.00), Special Events (potentially $2.00) and Charters. Mini-num reliability < 2% missed trips; 95% on time performance (on time = 0 to 5 minutes late at any point in time). Service standards will be set during contract start-up 47, A. Performance Standards 1.. Service Delivery. The success of the Circulator Service is dependent upon the reliability and safety of the Service. The Successful Proposer shall operate the Service to achieve the following minimum Service standards: a) Completion of at least ninety-five (95%) percent of all scheduled trips each month; b) Headway coordination shall be accomplished to maintain at least ten (10) minutes and no more than fifteen (15) minutes between vehicles during the peak period and no More than.twenty (20).minutes between Vehicles in the, off peak period; and c) Moving traffic violations received by any Successful Proposer Employee in conduct of the Service must be reported immediately (no later than the same day as the incident) to the City contract administrator or designee's name provided to the Successful Proposer. Upon the City's request, the Successful Proposer shall remove the Successful Proposer Employee receiving ,a moving violation from assignment to this Contract. 2. Climate Control. The Successful Proposer shall maintain in operating order heating and air-conditioning systems on all Vehicles to -the following standards: a) Sir-Conditioning/Heating System fully operational. b) No Vehicle shall be operated without a properly functioning air-conditioning or heating system. 3. Vehicle Condition. The Successful Proposer shall maintain the Vehicles at all times in safe working order and in a clean and presentable manner: a) All vehicles provided by the Successful Proposer must have freshly painted exteriors uniform to the City of Miami standard color schemes. b) Successful Proposer 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. . • c) All Vehicles must be'in excellent operating condition 'attali.tinier:'Minor°body°darriagel.rx repairs;' identified by 'the City as necessary shall,be repair d„as'soon:as.possible, b not to exceed two (2) weeks, after notification to Successful Proposer; subject to the availability of OEM parts when needed. d) . Major body damage shall be repaired .before returning the Vehicle to Revenue Service, not to exceed five (5) weeks out of Service, subject to the availability of OEM parts when needed. e) Vehicles while in Service shall be kept free of trash and debris at all times. f) Vehicle maintenance shall be performed to achieve the following standards: • All legally required safety -related equipment shall be in working order at all times on the Vehicles that are performing Service. • Vehicles shall pass inspection, if and when applicable. • All maintenance records shall be complete and accurate, posted to permanent records within one (1) week, and contain.. no falsification of timeliness or description of repairs conducted. • All. mechanical/hydraulic Americans With Disabilities Act (ADA) lifts must be. maintained in perfect operating condition at all times. 4. Customer Service/hospitality. Operators will welcome passengers, consistently- demonstrate positive, friendly approach, and respond to questions and concerns to the best of thew ability. Operators are required to announce all stops on the vehicle public address system in advance of stopping. . Performance will be monitored by the City through customer surveys, communication with supervisors, and individual spot-checks. 5. Public Comments/Complaints. It shall be an objective of the Successful Proposer to limit bona fide complaints from the .public, concerning the Successful Proposer's performance of services to three (3) per one hundred (100) passengers per month. Complaints received by the City will be forwarded to the Successful Proposer for handling. The Successful Proposer will research the complaint and respond to the City in writing within seventy-two (72) hours of receipt of the complaint. The Successful Proposer will provide a step-by-step disciplinary procedure in the Operator's Handbook to handle complaints about service provided by the Operators. 6. Operator Uniforms. At all times while performing their duties, vehicle operators, supervisors, and trainers must maintain a clean and neat appearance, and must be in the approved nriform inspected by the Successful. Proposer. Every employee must also adhere to a code of personal grooming and hygiene established by the Successful Proposer. 7. Drug and Alcohol Policy. The Successful Proposer must have a drug and alcohol policy in place that meets all federal, state and local policy requirements. P. Deterinination of Non -Performance 1. Notice to Successful Proposer. Upon determination by the City of a failure to meet an established performance measure, a written notification will be delivered. to the Successful Proposer's home office, with a copy to its local Project Manager. Liquidated damages will not be applied without the Successful Proposer receiving a written notice specifying the issue and detailing the time and nature of the occurrence, 2. Remedy of Non -Performance. • If the Successful Proposer shall' correct an occurrence of non-performance within five .(5) working. days of notification by THE CITY, and the same is acceptable to The City, no adjustinent will be assessed. 3. Adjustments. In the event that the Successful Proposer fails to meet any performance standard established under this Contract, and fails to take satisfactory corrective action(s) within the time limits established under this Contract, adjustments in the City payments to the Successful Proposer will be made as described below: The Successful, Proposer and the City agree to the following schedule of liquidated damages for speck items of non-performance as specified below because. actual damages are difficult to ascertain Therefore, the amounts are established as liquidated damages, and not as a forfeiture or penalty, for the Successful Proposer's failure to comply with the specified terms and provisions. With prior notice to the Successful Proposer, the City reserves the right to change the amount of liquidated damages imposed for specific items of non performance and reserves the right to add or delete specific items of nonperformance. a) Service Delivery.. Failure to achieve the performance standards for the completion of at least ninety-five (95%) percent of Scheduled Trips: S 100 per missed tip b) Climate Control. Failure to achieve the performance standards described: $100 per day per Vehicle c) Vehicle Condition. Failure to achieve the following performance standards per occurrence: Graffiti $25 per event Minor Body Damage $25 per event Major Body Damage $100 per. event Safety Equipment $25 per event Vehicle Inspection (if applicable) $50 per event Maintenance Records $25 per event d) Reporting Requirements. Failure to submit clear and accurate reports: Accident/Incident Monthly report working day of the month $25 per event $50 per day after the. 10th e) Uniforms. Failure to achieve this performance standard: Uniforms $25 per event f) Customer complaints. Failure to achieve the performance standards: $50 per event. Page 1of1 http://imiami.riverside.cmgov.net:8003/OA_HTIAL/OADownload jsp?transactionid=19110.., 4/5/2011 a Exhibit B "Response to RFP No. 256244, 1" 241Page PROPOSAL FOR TROLLE•YSERVICES•FOR THE CITY OF MIAMI PREPARED FOR: City of Miami Date: March 29, 2011 SUBMITTED TO: Terry Byrnes City of Miami 3500 Pan American Drive Miami, FL 33133 PROPOSAL CONTACT: Limousines of South Florida, Inc. d/b/a LSF Shuttle FEIN: 59-2564092 Dwight Brashear Executive Vice President, Business Development 6053 W. Century Blvd., 9th Floor Los Angeles, CA 90045 Phone: (310) 981-9500 Fax: (310) 981-9501 dbrashear(E tectrans.com LOCAL CONTACT: Vasti Amaro Senior Vice President — East Operations 3300SW 11th Avenue Fort Lauderdale, FL 33315 Phone: (954) 599-8418 vamaro@tectrans.com EXECUTIVE SUMMARY 4. QUALIFICATIONS AND EXPERIENCE 4A ORGANIZATIONAL HISTORY AND STRUCTURE Tectrans Philosophy Tectrans Vision Statement Tectrans Mission Statement Tectrans Core Values 48 LSF SHUTTLE PRINCIPALS AND OWNERS 4c TECTRANS TRANSPORTATION EXPERIENCE 4D QUALIFICATIONS OF STAFF AND STAFFING PLAN 7 Operations Manager 7 General Manager 7 Corporate Leadership 8 Vasti Amaro: Senior Vice President, East Bus Operations B John Busskohl: Chief Operating Officer B Michael Griffus: Chief Executive Officer 8 Corporate Support 9 Safety, Training and Regulatory Compliance 9 Drew Jones: Senior Vice President —Safety and Risk Management 9 Technology: 9 Dirk•Schneidermeier:Chief Technology Officer 9 George Ojeda: IT Systems Analyst: East Operations 10 Human Resources/Labor Relations. 10 Patricia Gaudin: Senior Vice President— Human Resources 10 Natasha Russ: Director of Human Resources — East Region 10 Finonce and Accounting: 11 Frank Homan, CPA: Chief Financial Officer 11 Allen Rimble,CPA: Controller 11 Cindi Ritter: Senior Vice President— Management Systems and Complliencm 11 Mark millan: Director of Business Analysis 11 !Marketing, Business Development, Customer Satisfaction' 12 Mark Levitt: Business Development 12 Dwight Brashear: Executive Vice President, Business Development 12 Bud Jordan: Vice President —Business Development 12 Brian Sullivan: Chief Marketing Officer 12 4E LSF SHUTTLE REFERENCES 13 4F SUBCONTRACTOR PARTICIPATION 14 4 G DISCONTINUED SERVICES 14 4H LETTERS OF REFERENCE 16 Fort Lauderdale -Hollywood International Airport (ELL) 16 South Florida Regional Transit Authority (SFRTA)/Tri-Rail 18 City of Doral 5 ABILITY.AND.CAPABILITY.TO PERFORM REQUIRED SERVICES 22 SA ABILITY TO PROVIDE REQUIRED SERVICES 22 •••.58 MANAGEMENT CAPACITY. - 22 .,. -- Sc FINANCIAL CONDITION AND CAPACITY 7 •% -,:.a:.....:; , ..>• ...._.. .. �... ... _:.,... C .::.._ ..:..: -.,.23 •.r,,a, .,.., 1' 3 3 4 4 4 4 5 5 2 50 LEGAL PROCEEDINGS 23 5E MERGERS AND ACQUISITIONS 24 5e FINANCIAL STATEMENTS 24 6 METHODOLOGY AND OVERALL APPROACH TO SCOPE OF WORK 25 6.1 ADVERTISING & REVENUE -GENERATION SUPPORT 25 6.2 VEHICLE MAINTENANCE PLAN 25 Vehicle Maintenance Staffing 26 Recruiting 26 Hiring 26 Maintenance Staff Positions 26 Training & Certification 28 Vehicle Maintenance Plan... 29 Maintenance Safety 29 Maintenance Information System — Collective Data 30 Daily Vehicle Inspection Reports (DVIR) 30 Preventive Maintenance Inspection Program 31 Quality Control Inspections 32 kir Conditioning Maintenance Program 32 Wheelchair Lift INa intenance Program 33 Tire Management Program 33 Warranty Management 33 Body Work Policy 33 Environmental Compliance Program 33 Third Party Inspections 34 Corporate Support and Oversight 34 6,3 ELECTRONIC FAREBOX .. 35 6.4 STANDARD OPERATING PROCEDURES 35 Road Call Program 35 Delays and Cancellations Notification 36 Contact Persons 36 Accident and Incident Procedures 36 Radio Check -in and Coordination Procedures 37 Training Programs 37 Driver Training Program 37 Corporate Training Support 38 LSF Shuttle Training Staff 38 Classroom Training 38 Behind the Wheel Training 42 Continuous Training, 44 Dispatch and Call Center Training 45 Call Center Skills Training 45 Customer Service Refresher Training 45 Telephone Doctor° Training 46 Maintenance Training F! :. - ; .:_'-.•:;• 46 .Vehicle Operation 46 Vehicle. Fueling Plan Vehicle Cleaning Plan 47 Fare Payment Validation and Enforcement......................, ............... 3 Dispatch operations 48 Two -Way Vehicle Communication 48 Service Interruption Response Plan 49 Customer Care Program 49 Customer Surveys 49 Customer Comment Resolution 49 Customer Feedback Options 50 Toll -Free How's My Driving Line 50 Customer Service Recognition 50 Mystery Rider Program 50 Mystery Caller Program 51 Customer Service Pledge 51 6.5 SAFETY PROGRAM 52 Safety is Every Employee's 41 Responsibility (SE1) 52 Safety Plan 52 Safety Committee 53 Safety Recognition Programs 53 Regulatory Compliance 54 6.6 DRUG AND ALCOHOL TESTING 54 6.7 PREVENTATIVE MAINTENANCE POLICY AND PROGRAM 55 6.8 PARTS AND WAREHOUSING 55 6.9 ADDITIONAL PROCEDURES AND VALUE-ADDED SERVICES, 56 Staffing Plan 56 Wages and Benefits 56 Employee Screening and Hiring.... 57 Avesta CandidateCare Workforce Development Program 57 Minimum Vehicle Operator Qualifications 58 Ongoing Monitoring of Credentials 58 Employee Retention 59 Human Resources Compliance 59 Equal Employment Opportunity 60 Harassment Policy 60 Employee Handbook 60 Operations and Maintenance Facility 62 Data Collection and Reporting 62 Service Reporting and National Transit Database 62 Key Performance Indicator (KPI) Tracking 64 START-UP PLAN 64 Successful Start -Up and Transition Experience 65 Miami International Airport Rental Car Shuttle 65 Collier Area Transit (Naples, FL) 65 City of Margate (FL) Fixed -Route Conversion 65 Pomona Valley Transportation Authority (PVTA) Paratranslt. City of Monrovia (CA) Dial -A -Ride and Trolley 66 Merced County (CA) Dial -A -Ride Paratransit • North Los Angeles County Regional Center Transition 67 . San Francisco Paratransit • Start -Up Team. 4. Start -Up Communications 68 Start -Up Tasks 68 7 COST 71 Appendix EXHIBIT I: RESUMES EXHIBIT II: MAINTENANCE CHECKLISTS EXHIBIT Ili: EMERGENCY PLAN EXHIBIT IV: DRUG AND ALCOHOL TESTING POLICY EXHIBIT V: EMPLOYEE HANDBOOK 5 EXECUTIVE SUMMARY' LSF Shuttle, a Tectrans Company, is pleased to present the City of Miami with our proposal to provide Trolley Circulator Services. We believe you will find our proposal to be complete and responsive to the City's request for proposals (RFP) and its addendum. LSF Shuttle's point of contact is Mr. Dwight Brashear, Executive Vice President for Business Development, who can be reached at (310) 981-9500, extension 180. It is our understanding that the first two routes that will be implemented as part of the City of Miarni Trolley Service will be the Health/Stadium District and the Biscayne/Brickell (Financial District). The Health District is home to six Hospitals, 178 Research Institutions, 199 Testing labs, along with the University of Miami teaching programs, The Financial District is an international Finance Capital housing over 150 Commercial Banks along with a dense High Rise Residential Community. The City of Miami is.instituting these vital circulator services to enhance the Financial District as a "live, work and play" District within the City and to ease congestion along the Health and Stadium District, The Trolley Operator will also be called upon to provide additional services for the many special events that the City hosts each year and to ease traffic congestion as warranted, especially during Adrienne Arsht Center for the Arts events, and Miami Heat and other arena events. We also understand that the City may also elect to inaugurate two additional optional routes (Allapattah/Overtown and Coral Way) in the near future. Our proposed pricing for all of these services is included in our proposal. South Florida -based LSF Shuttle is the best company to provide these Trolley services for the City for the following reasons, differentiators that we believe our competitors can only aspire to: • Local, Local, Local: First and foremost, LSF Shuttle is the local transportation expert. We have a long history of successful service in Miami and South Florida, with more than 30 contract relationships in Miami -Dade, Broward and Palm Beach counties. • Community -Oriented: We are long-standing members of the Miami Community and give back whenever possible. Our teams participate in local community groups, we contribute to local causes, we care for the unique eco-environment of South Florida, and we consider ourselves outstanding corporate citizens. • Unrivaled Trolley Expertise: LSF Shuttle has more experience operating trolley circulator systems than all of our competition combined. We know what it takes to operate them successfully and we know what it will cost to do so. • Commitment to Safety: LSF and the rest of the Tectrans family of companies have an unwavering commitment to Safety. Our corporate safety motto is Safety is Every Employee's #1 Responsibility (SEE#1), and we live this motto everyday and in every interaction with our passengers. • Available Resources: As a member of the Tectrans family of companies, LSF Shuttle is big enough to have national resources, but close enough to our customers to be more responsive, especially compared to the larger multi -national companies. These resources include subject matter experts in Operations, Maintenance, Safety, Human Resources, Finance, Information Technology, Marketing and Risk Management, as well as access to capital and industry partnerships that cover the full gamut of passengestransportation disciplines. • Total Passenger Satisfaction: Second only to Safety, LSF Shuttle's organizational commitment is to provide "Total P.assengerSatisfaction," Our management teams make no exceptions, we train our employees to,be ,.•:ambassadors for'our company, and.: our customers, and we, foster an.environment that alloys our employees to excel at customer service. . Ocr proposal contains more detailed illustrations of these differentiators and other value-added features of.brand.of ...,....: trolley service delivery. 1 Our approach to providing these services is to work alongside the City of Miami to implement the City's vision for these much needed services. We believe that these trolley services will be extremely high profile, so preparation and • planning for service development and implementation will be paramount. Our start-up team will be dedicated to the success of this project, and we are prepared to implement as soon as the City takes delivery of the Trolleys for the service. We will remain flexible and will adapt to the needs of the City, because we understand the variables that come into play any time a service like this is being inaugurated. We have included numerous descriptions of our recent start-up and transition successes in our proposal as evidence of our ability to perform these services, with references for the City to contact to hear firsthand how well we perform and how flexible we can be. Thank you for this opportunity to submit our proposal to the. City and we look forward to discussing our approach and credentials with you further. 1 Dwight D. Brashear, Executive Vice President for Business Development March 28, 2011 2 4. QUALIFICATIONS AND EXPERIENCE LSF Shuttle, a Tectrans company, is apremier full -service fixed -route and paratransit passenger transportation provider that provides our clients a full -spectrum of transportation services, including trolley services, fixed -route transit, commuter shuttles, dial -a -ride, and paratransit services. Tectrans local operations share a corporate commitment to provide the highest quality, integrated transportation services to the public transportation community. From the creation of a transportation idea to the completion of a contract, we are able to bring our clients' strategic and operational vision to life with quality that is unlike any other. 4A ORGANIZATIONAL HISTORY AND STRUCTURE Our leadership team brings more than300 combined years of experience in the transit and specialized passenger transportation industry, and has positioned LSF Shuttle as a preferred transportation provider. Our team achieves success through our focus on the customer along with the application of new technologies and transportation best practices for both new and current customers, Our customers have responded to the LSF Shuttle offering of innovative and customer focused transportation services, and allowed our company to grow at a steady pace, The following is a brief history of the Tectrans organization, providing a summary of significant events in our formation: • June 2006: Tectrans is formed through the simultaneous purchase of seven transportation and technology companies operating 800 vehicles, with combined revenues of $32 million. Contracted fixed -route and paratransit services form the foundation of Tectrans. • April 2007: Tectrans begins operations for San Francisco Paratransit service and restores safe and timely transportation to riders, becoming the largest provider of trips for the San Francisco Paratransit brokerage program. o- December 2007: Tectrans expands into the Ft. Lauderdale/Miami, Florida, area, providing over 1,000 daily rides for ADA and medical transportation clients, including the largest contracted operations for the Broward County ADA/Transportation Disadvantaged program" • May 2008: LSF Shuttle begins operation of the courtesy shuttle service for the Ft. Lauderdale -Hollywood International Airport. The transition from the former operator is seamless, and service immediately improves. • March 2008: Tectrans begins transportation operations for the North Los Angeles County Regional Center. Successfully transitioning 84 routes over one weekend, with only three months' lead time, Tectrans completes a full transition, requiring new buses, a new management team, a newfacility•including maintenance, networks, and all supporting operations, 6 March 2010: LSF Shuttle begins daily operations of the Hollywood Trolley service. The Hollywood Community Redevelopment Agency (HCRA) runs the City Pass program which is a shore excursion that brings disembarking cruise passengers from Port Everglades to Hollywood Beach. The Hollywood Trolley is promoted as part of the City Pass program, The Trolley circulates people around the beach and'downtown. e. July 2010: LSF Shuttle begins to provide Rental Car Shuttle service.at Miami t.nternational_Airport (MIA)•, . •operating•over 60 vehicles to and from terminals and the new consolidated rental car center. The midnight... • :'istart-up of operations on is nearly flawless and draws zero.complaints • a' October 2010: Tectrans successfully starts up three new operating•contracts:on:.the,same•day,• including.Co.11ier-•- _•.,•. ""°''^ ` i-r Area TransItin Naples; FL; `•TheBu"s""paratrans'it service in Merced Countyi CA, and a conversion of the:Cit of `Margate,' FL's'fix'ed 'route service from in house to dontractetl operations 3 • November 2010; Tectrans begins service for the Monrovia Transit dial -a -ride and fixed route services, providing a seamless transition for transit dependent riders. • December 2010: Tectrans begins daily operations of the Pomona Valley Transportation Authority Get About paratransit service in Pomona, CA, bringing an innovative taxi and bus paratransit program to life for seniors and disabled riders in the four -city Pomona Valley region, O February 2011: LSF Shuttle begins daily operations of fixed -route shuttle service for the City of Opa Locka which is funded through a joint partnership between the City and SFRTA. The community receives free bus service with two buses on the south route and one bus on the north route. TECTRANS PHILOSOPHY Tectrans was founded on the belief that transit agencies, municipalities, and other transportation agencies are seeking a new alternative in the contracted transportation marketplace. Significant consolidation under foreign -owned companies in the last ten years has left the industry with fewer and fewer alternatives, and created a void between large multi -national companies (who often seem detached from their customers) and small local companies (who often lack resources or the capital needed to grow and evolve as their customers' needs change). Tectrans is filling that void by providing an alternative for transit agencies that need the responsiveness of a locally experienced and managed partner, yet also need the resources and talent base of a larger company. Tectrans is selective about the opportunities we pursue, because we are convinced that you do not have to be the biggest to be the best. TECTRANS VISION STATEMENT Be the best passengertransportation company. TECTRANS MISSION STATEMENT Provide best -in -class passenger transportation solutions for government, private sector, and individual consumers through technological innovation, enhanced relationship management and genuine care for our employees. TECTRANS CORE VALUES • Safety: Our commitment to safety will not be compromised. Safety is every employee's N1 responsibility. oi Customer Focus: We contribute to our clients' success and deliver long- j . M„'p`'`5••,; coin term value. We provide caring service to enhance the quality of our customers' lives. • Employee Oriented: We empower our employees to be successful, We promote diversity and teamwork, provide opportunities for growth, and treat each other with dignity and respect. Integrity and Accountability: We achieve results without compromising ethics. We deliver what we promise and honor our obligations,,.....--;-, s:.,•e Responsibility: Weare'ihvolved in -the communities we serve; we enhance t•he neighhorhoods in which we .live, . and we take an active role in protecting the environment. si 4B LSF SHUTTLE PRINCIPALS AND OWNERS ▪ Michael Griffus - Chief Executive Officer, Director • Francis Homan CFO, Treasurer and Secretary, Director • John Higgins - Vice -President and Assistant Secretary e Jim Mahoney - Vice -President and Assistant Secretary • Brian Demkowicz - Vice -President and Assistant Secretary • John Busskohl — Chief Operating Officer e Vasti Amaro — President and Regional Operations Manager • Dwight Brashear— Executive Vice -President of Business Development 4C TECTRANS TRANSPORTATION EXPERIENCE LSF Shuttle/Tectrans is an experienced transit provider, and operates numerous contracted trolley, shuttle, paratransit, dial -a -ride and fixed route services. In the table below, we have provided a comprehensive list of Tectrans clients that provides a general overview of the scope and scale of services we provide. While serving more than 70 current transportation clients, in our history as both Tectrans and prior legacy companies, we have never had a contract end prior to its scheduled conclusion for any reason. '�.or l4 Ti '34 - [3Y f :Li %:,���mer' �. rat •ti .t t t .11, fn 'nF .r `e, ivilit T„'y cg—'7 5�.3 '}3 ram- , A, aT ' jQle V.. , 4 "d:§ 5 g,v- q,. }.4�i.1., 'f�' R wA41' 1 Alzheimer'sFamily Services 2009 Paratransit Huntington Beach, CA 2 Anaheim Resort Transportation 1995 Dial -a -Cab' Anaheim, CA 3 Bay Area Rapid Transit District (BART) 1995 Fare Media Sales and Customer Service San Francisco Bay Area, CA 4 Broward County November 2010 Fixed -Route Fort Lauderdale, FL 5 Burbank -Glendale -Pasadena Airport Authority(BUR) 2010 Fleet Management & Maintenance Burbank, CA 6 California State Polytechnic University, Pomona 2009 - Fixed Route Pomona, CA 7 California State University, Dominguez Hills - 2010 Fixed Route Carson, CA 8 California State University, Northridge • 2010 Fixed Route Northridge, CA 9 City of Anaheim, Senior Mobility Program 1985 Pa ratransit Anaheim, CA 10 City of Aventura 2003 Fixed Route Aventura, FL 11 City of Beverly Hills 2009 Paratransit Program Administrator Beverly Hills, CA 12 City of Boca Raton 2008 Fixed Route Boca Raton, FL 13 City of Brea 1985 Fixed Route Brea, CA 14 City of Coral Springs - 2005 Fixed Route Coral Springs, FL 15 City of Dania Beach 2094 Fixed Route Dania Bench, FL 16 City of Doral 2008 Trolley Fixed Route Doral, FL 17 City of Hallandale Beach 2003 Fixed Route Hallandale Beach, FL 18 City of Hillsboro Beach 2010 Fixed Route Hillsboro Beach, FL 19 City of Homestead 2010 Fixed Route Homestead, FL 20 City of La Habra -••. 'r'1985-7::; ; 't.r •. paratransit' ;'; , . -:� ,';,:ja-Habra; BAz ; ?; 21 City of Lauderdale Lakes 2006 Fixed Route Lauderdale Lakes, FL 22 City of Lauderhill 2009 Fixed Route Lauderhill, FL 23 City of Margate ' Oct 1, 2010 • Fixed Route Margate, CA .. - ' 24 City of.Maywood • - '1985 , Dial -a -Ride Maywood, CA 5 Nov 1, 2010 • Dial -a -Ride & Trolley Service Monrovia, CA 25 City -of Monrovia 26 City of North Lauderdale 2006 Fixed Route North Lauderdale, FL 27 City of Oakland Park 2005 Fixed Route Oakland Park, FL 28 City of opa Locke 2011 .Fixed Route Opa Locka, FL 29 City of Parkland 2005 Fixed Route Parkland, FL 30 City of Plantation 2001 fixed Route Plantation, FL 31 City of Pompano Beach 2003 Fixed Route Pompano Beach, FL 32 City of Temple City 2004 Dial -a -Ride Temple City, CA 33 City of Walnut 1998 Dial -a -Cab Walnut, CA 34 City of West Hollywood 2009 Parauansit Program Administrator West Hollywood, CA 35 City of Yorba Linda 2008 Senior Shuttle Yorba Linda, CA 36 Collier County Oct 1, 2010 Fixed Route; Paratransit; Transit Management Naples, FL 37 Contra Costa County Transit Authority (CCCTA) 2008 Online Fare Media Sales Concord, CA 38 CVS. Pharmacy LPGA Challenge 2007 VIP Shuttle Danville, CA 39 Diamond Ride 1995 . Dial -a -Cab Diamond Bar, CA 40 Downtown Ft. Lauderdale Transportation Management Association 2005 Fixed Route Ft. Lauderdale, FL 41 Fort Lauderdale -Hollywood International Airport (FLIT 1987-2002, 2008 Airport Shuttle Fort Lauderdale, FL 42 Get About/Pomona Valley Transportation Authority 1996 Dial -a -Cab La Verne, CA 43 Golden Gate Regional Center 2006 Paratransit San Francisco, CA 44 Harbor Regional Center 1988 Paratransit Torrance, CA 45 Hollywood Community Redevelopment Agency 2010 Trolley Hollywood, FL 46 Long Beach Community College District 2009 Fixed Route Long Beach, CA. 47 Los Angeles Department of Transportation (LADOT) 2989 Paratransit Program Administrator (CltyRide) '.Los Angeles, CA 48 Memorial Healthcare Systems 2005 Fixed Route Hollywood, FL 49 Merced County 2010 Dial -a -Ride Merced, CA 50 Miami International Airport (MIA) Consolidated Rental Car Shuttle 2010 Airport Shuttle Miami, FL 51. 'Miami Shores Village 2006 Fixed Route Miami Shores, FL 52 North Los Angeles County Regional Center 2007 Paratranslt Van Nuys, CA 53 Orange County Transportation Authority • 2001 Paratransit Orange, CA 54 Playa Vista Beach Shuttle 2008 • Fixed Route Playa Vista, CA 55 Pomona Valley Transportation Authority Dec 18, 2010 Paratranslt Pomona, CA 56 Raytheon 2004 Fixed Route El Segundo, CA 57 Regional Center of Orange County 1992 Paratransit Santa Ana, CA 58 Regional Center of the East Bay - ',, ' 7, •>.Paratransit: ;!,;_ , ;,.,,,,Moor. ar4:, CA....; :,;; • 59 San Bernardino County - - 2007 . Demand/Response San Bernardino, CA 60 San Dimas Dial -A -Cab Pomona Valley Transportation Authority• , $87 Da(aCb �LeVerne'CAr•"' 61 San•Francisco MTA/SF Paratransit (through'the broker Veolia) 2dd7 ADA Paratransit 'Sari Ftancisco, CA " 62 South Florida Regional Transportation (SFRTA) _ 2003 Fixed Route Pompano Beach, FL 63 TODA Development (600 Townsend Center) :;2007•.• =- , • ,-,Fixed Route •.w •::- - 7-52nlFrancisco, CA 6 - j ' - i t F . M . 3hd A= ✓f i '�fi� i,t � )t`s n12[a F ''. �t-� -. .A.- .. ...........rli �..1 al S =ii. 7�'.•S., f3 ri {4 vC t` iY,, �T sii 'l N..i. , zM: ' .n 1992 k. Y .a�SS,,--C.-�. ,,, t '` y OTSENICC �� tF S�1 M� "�"J Fixed Route •Jt"c v& yI) k` ct4DWtD�3 fi SS. �y 'i jr .Y,' .f'. ...- Bay Harbor Islands, FL 64 Town of Bay Harbor Islands 65 Town of Davie 2005 Fixed Route Davie, FL 66 Town of Miami Lakes 2005 Fixed Route Miami Lakes, FL 67 Town of Surfside 2006 Fixed Route Surfside, Fl. 68 Tri-Counties Regional Center 2008 Paratransit Santa Barbara, CA 69 Village of Bal Harbour . 2004 Fixed Route Bal Harbour, FL 70 Village of Palmetto Bay 2006 Fixed Route Palmetto Bay, FL 71 Village of Surfside 2006 Fired Route Surfside, FL 72 Westside Regional Center 2008 Paratransit Culver City, CA 4D QUALIFICATIONS OF STAFF AND STAFFING PLAN LSF Shuttle is proud of the team of Individuals leading our transportation operations. Over the following pages, LSF Shuttle provides you with an introduction to our expert project level staff, our company's corporate leaders, and the critical support staff that form the foundation of our efforts to provide exceptional transportation services to our riders and contract agencies. LSF Shuttle affirms that our key personnel will be available and assigned to the Miami Trolley Services for the duration of the project and as required by the contract specifications. These key personnel will not be removed or replaced without the prior written concurrence of the City. OPERATIONS MANAGER LSF Shuttle proposes Mr. Rene Sanchez -Breton as Operations Manager for the Miami Trolley Service. Rene is an extremely talented, experienced manager who has an amazing background and the skill set to make any transportation service run smoothly and efficiently. By offering Rene as Operations Manager for your project we are committing one of the most qualified professionals available to LSF Shuttle. He has been in the transportation and logistics industries for more than 32 years. He has succeeded at every level of management, and has established a particularly strong reputation for his commitment to safety and responsiveness to his customers. We are confident in Rene's ability to oversee a seamless and "silent" start-up and transition of the Trolley Services. We are further confident that Rene offers the Tong -term stability that the City and riders so richly deserve. • Rene will be dedicated 50% of his time to overseeing the City's Trolley services. His major responsibilities will include operations management and oversight of the day-to-day operations of the Trolley operations, assessing daily system performance, approving and submitting all project reporting, directing program activities, and communicating common goals and objectives. Additional duties will include overseeing the start-up and transition, regulatory compliance, quality assurance oversight, and coordinating closely with City staff on project operations. Rene is available at any time of the day or night. He understands our company standards of excellent and complaint -free service for our customers, A resume for Mr. Rene Breton is included In the Appendix at the end of this proposal. GENERAL MANAGER Supporting Rene as the regional General Manager is Ms. Shanta Douglas. Shanta is located at our facility in nearby, Fort Lauderdale. Shanta is a business professional with nearly-10 years of transportation industry general management and operations experience. A highly effective communicator, Shanta has the ability to relate successfully +to individuals: at•'all'•levels:within,and outside.ofthe organization. yAs,General MManageOhanta:is'responsible'.for :.r . ere.,::•-:'::; •complete transportation operations ofTectrans/Fort Lauderdale Community Shuttle Terminal, manages_ and directs transportation operationsfor-more than 50 buses providing more than 20;000 pas'sengertnpsmonthly ;She " _ - supervises over 70 staff' members, ineluditig more than 40 driversandexperiencedrsen'ior'staff=members'ineluding .;.ai_,-: "'supervisors; dispatchers;icustomer service representatives, schedulers/routers, road supervisors, lot attendants, and .. 7 mechanics. Shanta has spent her entire passenger transportation career in Miami and South Florida, A resume for Ms. Shanta Douglas is included in the Appendix at the end of our proposal. CORPORATE LEADERSHIP Tectrans corporate leaders are an integral part of the LSF Shuttle key management team and are vital to making its daily operations so successful. They provide oversight, direction and support to the dedicated local management team described above. VASTI AMARO: SENIOR VICE PRESIDENT, EAST BUS OPERATIONS Ms. Vasti Amaro is a 19-year transit industry veteran who has worked in both the public and private sector, managing fixed route, paratransit, light rail Mike Griffus (left), vastiArraro, John connectors, rental car shuttles and employee/public parking shuttles at Busskohl (right) airports. Her expertise in transportation has resulted in successful start up operations for Hillsborough Area Regional Transit in Tampa, Dallas Area. Rapid Transit, Valley Metro, Phoenix Transit and Phoenix Sky Harbor International Airport, Vasti holds a Bachelor's degree in Business Management from the University of Phoenix. She is an active member of APTA, the Florida Public Transportation Association (FPTA), the Arizona Transit Association (AzTA), and the Airport Ground Transportation Association (AGTA). She is also an International Board Member of the Women's Transportation Seminar (WTS). Vasti has oversight and management responsibility for all transportation operations and related functions in the East Region, reporting directly to John Busskohl, Chief Operating Officer. She has extensive experience with data collection and analysis, service planning, contract management and administration, budget development, operating policy development, union negotiations, public relations, safety, training, and customer service making her a valuable addition to the LSF Shuttle team. In this position, she reports directly to the Chief Operating Officer and serves as the principal liaison between the local management team and Tectrans Executive Management. A resume for Ms. Vasti Amaro is included in the Appendix at the end of this proposal. JOHN BUSSKOHL: CHIEF OPERATING OFFICER Mr. John Busskohl, Chief Operating Officer of Tectrans, grew up working in the family -owned bus business, with operations in Iowa, Nebraska, and South Dakota. An Iowa native, John was literally born into the bus business, working as a mechanic during high school. John graduated from Iowa State University in 1987 with a Bachelor's degree in Industrial Engineering and began working for Ingersoll Rand as a sales engineer. Re -joining the family business in 1991, John relocated to Phoenix, AZ as Vice President of Sales, eventually becoming General Manager and co-oviner in 1993. After converting the family business to a Coach USA company in 1996, John became a founding shareholder and operated the company as the Phoenix branch of Coach USA from 1996 until 1999 when he was promoted to Vice President responsible for Coach USA's West Region operations and relocated with his wife and two daughters to Las Vegas. In 2005 John changed roles with Coach USA, taking on the challenge of Vice President of Sales and Marketing, until he joined the Tectrans team in 2009 as COO. John has direct oversight responsibility for all transportation operations for Tectrans operating companies. A resume for Mr. John Busskohl is included in the Appendix at the end of our proposal, MICHAELGRIFFUS: CHIEF EXECUTIVE OFFICER -.. • crIN;; xzr ;:• Mr. Michael•Griffus; Chief-Executive'Officer ofTectrans, isa 25-yearveteran ofthe transit and transportation industry,_ f'•:with extensive experience'•in vehicle operations for courtesy shuttles, transit an'd,paratranst=servlce;Cschool.bus,-and4 private shuttles -nationwide. A veteran of the United States Marine"Corps•:and a graduate:of the`Uriiversity of"r•-st',sr.17r>,•r r„ Washington in Seattle; Mike takes an active Tole in promoting and directing the activities of the company he joined as County Express in early2010. priorto-joiningTectrans, Mike served as the President and COO of Veolia, holding 8 overall responsibility for client satisfaction at more than 120 contract locations. These locations included numerous courtesy shuttle operations, including the Phoenix Airport shuttle operations among others. He has negotiated and managed dozens of labor union agreements, including collective bargaining agreements with the Teamsters, ATU, TWU, UTU and SEIU among others. '.Mike has an unwavering commitment to safety and ensures that the entire Tectrans organization understands that, from the top down and from the bottom up, Safety is Every Employee's 41 Priority. A resume for Mr. Michael Griffus is included in the Appendix at the end of our proposal. CORPORATE SUPPORT Our corporate, regional and local management teams have more than 200 years of experience working in a transit environment which affords our local General Manager to provide one-on-one oversight with our staff, operators and our passengers while providing a point of contact to the City with direct responsibility. Our corporate and regional staff will be in support of our General Manager candidate from the initial Notice to Proceed to the first day of transition, to the changeover to a new contractor, to the first pull out and last pull in. From providing detailed operational plansforthe City, to availability to meet City Transit and administrative staff, LSF Shuttle staff is ready to assist in any transit related process to support the needs of the ridership. It is a commitment we will make in writing prior to contract award, by our location, regional and support staff to the City of Miami residents and ridership and will be posted in the facility, on our business cards and in the vehicles (with the City of Miami's approval). SAFETY, TRAINING AND REGULATORY COMPLIANCE DREW JONES: SENIOR VICE PRESIDENT— SAFETY AND RISK MANAGEMENT Mr. Drew Jones, Tectrans Senior Vice President, Safety & Management, is a highly accomplished management professional with .proven success in local, regional, national and international passenger transportation operations. Drew's responsibilities include developing and implementing industry leading safety programs that represent Tectrans' most important core value: Safety. His expertise is in developing business strategies, programs and processes that are practical and support the vision and goals of the organization and move the transportation industry forward. Drew has 25 years of experience in safety, security and risk management, including 18 years of experience in public safety as a paramedic. For the past decade, Drew has provided leadership for some of the largest passenger transportation companies, both nationally and internationally. Drew has served as a member of the board of delegates for the National Safety Council and he has played numerous other industry association roles.. Drew is a recognized leader, receiving both national and international recognition and awards for his successes in the transportation and public safety arena. His devotion to safety is coupled with excellent communication and 'interpersonal skills, which allows Drew to forge strong relationships with staff, management and valued stakeholders, including highly regarded passengers in the communities we serve. TECHNOLOGY: DIRK SCHNEIDERMEIER: CHIEF TECHNOLOGY OFFICER Mr. Dirk Schniedermeier leads the Tectrans Information Technology Teams as the Chief Technology Officer. Prior to his assignment as CTO, he served for 10 years as Tectrans subsidiary CDSNet/MyTransitPlus' Sr. Systems Administrator/Sr.Network Engineer. Following the CDSNet acquisition by Tectrans, Inc., he was awarded the role of IT director, making him responsible for the overall IT and telephony infrastructure of approximately 1,500 employees, s Dirk'hanumerous accomplishments•in'design, implementation'anid danagement'offarge-scale contact center solutions.-Dirkhad implemented large: scale Wide Area Networks;..complextelephone.systems,;call.center,d.esign technology installation, and secure Internet gateways for Tectranclients"projects;`and for'iiite fill specifies; sources, acquires and implements -all technology for Tectrans and our dozens of clientproperties/contract' 9 assignments. He also oversees all IT staff•at.eech operations and management location, serving as a principal liaison for all technology needs of ourlocelly based teams. GEORGE OJEDA: IT SYSTEMS ANALYST: EAST OPERATIONS Mr. George Ojeda is a Microsoft Certified Professional Services Engineer (MCPSE) and supports all of LSF Shuttle Florida and East Coast Operations. He has been in the transit industry since August 2004 when he began serving as Operations Assistant and IT Support for Veolia Transportation's Shuttleport Division in Fort Lauderdale. He has provided on -site support of GPS devices, including wireless modems, firmware and software upgrades, automated voice announcements, external and internal digital signage, general bus route modification, and GPS mapping, In his current role with LSF Shuttle, George manages and is engaged in numerous special projects, such as passenger movement analysis and operational efficiency studies. George has a unique ability to perform his tasks providing courteous and knowledgeable customer support, and he is skilled in both server and end user IT environments, as well as utilization of remote desktop technologies (such as GoToMyPC). He has been involved in several large corporate IT infrastructure rollouts and has significant experience in.Internet connectivity technologies such as Wi-Fi and Virtual Private Networks (VPNs). He is fluent in both English and Spanish. HUMAN RESOURCES/LABOR RELATIONS: PATRICIA GAUDIN: SENIOR VICE PRESIDENT — HUMAN RESOURCES Ms, Patricia Gaudin has more than 20 years of management and human resource experience with diverse nationally based industries. She has extensive experience driving strategic growth and profitability for assigned clients as well as a production environment for a payroll and staffing company. She is highly competitive, passionate, persuasive and articulate, able to achieve results in a fast -paced and dynamic environment. Patricia has a demonstrated success record in: • Organization Development for senior leadership— Custom program development for C-level leadership teams. • Experienced with compliance training and development of line and production based employees as well as mid- to senior -level management. • Motivating staff to peak performance levels. • Proven record of initiative and success in.business development, C-Ievel relationship development, writing, • and project management within environments from small projects to large-scale retention and business campaigns. • Extensive experience with mergers and acquisitions —operational as well as human resource due diligence and staff transition. • Call Center management and customer service management and delivery systems. NATASHA RUSS: DIRECTOR OF HUMAN RESOURCES— EAST REGION Ms, Natasha Russ has been a human resources manager and professional for several years and is well versed in all • facets of high quality human resources management. Natasha joined Tectrans in 2010 and has had a major positive impact supporting LSF Shuttle HR efforts, including the start-up of a number of new contracts in Florida, recruiting and hiring techniques, compliance, labor relations support, benefits administration, and payroll interface. Natasha supports all Tectrans East Region operations and management locations with theirrespectivehurrianrresourcesineeds and serves •as a staffpoint of -contact for the Senior-Vice•President forrAiman Resources•to_ensure timely•response to our work forces. 10 FINANCE AND ACCOUNTING": FRANK HOMAN. CPA: CHIEF FINANCIAL OFFICER Mr. Francis "Frank" Homan is a founding member of Tectrans, Inc. and serves as its Chief Financial Officer. He also led the start-up and growth of another successful transportation company, and was recently the President of.FGH Consulting Group. He has completed nearly 40 transportation -related acquisitions as both a strategic buyer and investment-banking advisor. Frank oversees all financial and accounting functions of Tectrans, Inc. and its various subsidiary companies and is instrumental in managing all financial aspects of new contract start-ups and strategic acquisitions. He has overseen the tasks necessary to see Tectrans grow from its inaugural revenue of approximately $30 million to the current run rate of $80 million and growing.' Frank is available to support all financial and accounting related needs of the Miami Trolley assignment,.includ.ing establishment of standard operating procedures, customer and internal reporting, accounting system set-up, and assessment of vendor relationships. Frank is an active member of the American Institute ofCPAs. ALLEN KIMBLE, CPA: CONTROLLER Mr. Allen Kimble has been e critical member of the Tectrans team since the Company's inception. Allen bring many years of accounting and finance experience to Tectrans and its clients, including experience as a Controller for both Laidlaw Transit Services and Trans Mobile Solutions. With Laidlaw, Allen provided oversight and control of the $100 million financial operations for the company's U.S. west region. As Tectrans Controller, Allen is responsible for the financial operations of the Company. Under the direction of the CFO, he established and maintained the Company's accounting and reporting systems, and he developed financial and operational policy and procedures to allow operational efficiency and to ensure exemplary quality service to our clients and the public. He handlesallaspects of accounting operation from A/P, A/R and budgeting to financial statement preparation and month -end reporting. Allen serves as a corporate finance liaison for all Tectrans General Managers to ensure that all managed properties follow SOPs and perform their customer -based services on -time and within budget. CINDI RITTER: SENIOR VICE PRESIDENT — MANAGEMENT SYSTEMS AND COMPLIANCE Ms, Cindi Ritter, formerly the Tectrans Senior Vice President for West Operations, has been named to the newly created position of Senior Vice President —Management Systems and Compliance. This position was created to reflect the needs of Tectrans' rapidly growing organization to ensure quality control and adherence to standard,operating and reporting procedures, companywide, Cindi, who has been in the transit and taxi business for more than 15 years, oversees a number of. projects to enhance our companywide management systems and ensure our compliance with regulatory, client, and internal reporting requirernents. The primary function of this new role is to oversee our ongoing efforts to assure quality control for all customers, and will perform regular audits of the Miami Trolley operation. Cindi reports directly to Frank Homan, Chief Financial Officer, in her new role, as a liaison for all Tectrans general managers. MARK MILLAN: DIRECTOR OF BUSINESS ANALYSIS Mr. Mark Milian has been a member of the Tectrans team since shortly after the Company's inception, managing marketing and business development efforts, and is currently the Company's Director of Business Analysis. Mark has been in the transit management business his entire professional career, dating back to his first assignment as a marketing associate in 2002. His current responsibilities include development of all project budgets, including the .budget prepared for the. Miami Trolley Services and presented in:pur Cost Proppa l.terein...Heis also called u.pon.to„ develop financial templates as necessary and support Tectrans operating locations with any business analysis needs. 11 MARKETING, BUSINESS DEVELOPMENT, CUSTOMER SATISFACTION: MARK LEVITT: BUSINESS DEVELOPMENT Mr. Mark Levitt oversaw the growth of his transportation company, LSF Shuttle, from only e handful of vehicles and one major contract, to more than 200 vehicles operating contracts in communities across South Florida. He is a specialist in developing successful transit operations and takes enormous pride in the satisfaction level of his transit and shuttle customers. Since becoming part of the Tectrans family and thanks in large part to Mark's leadership, the Florida bus operations have more than doubled since 2007 and Tectrans and LSF Shuttle have grown exponentially in the airport shuttle market. He has been instrumental in all new contract wins in Florida for the past three years and we are excited to have Mark focus his strengths on Business Development. Mark developed and implemented the companywide culture of"Total Passenger Satisfaction" and ensured that all employees subscribe to this same mantra. He is a well- known and active member of the Florida Public Transportation and Transportation Disadvantaged (TD) industry, as well as the Airport Ground Transportation Association and has served on numerous association committees. DWIGHT BRASHEAR: EXECUTIVE VICE PRESIDENT, BUSINESS DEVELOPMENT Mr. Dwight Brashear joined the transit industry on September 9, 1985 as a part-time bus operator for San Diego Transit Corporation (SDTC). He spent the next 16 years in various positions; serving his final two years as Manager of Transportation. In April of 2002, Dwight was recruited away from San Diego Transit, serving for two years as General Manager over the San Diego South Bay Maintenance Facility for ATC Vancom, a private transit management company, In February 2004, Dwight joined Capital Area Transit System (CATS) as its Chief Executive Officer. On September 1, 2005, three days after Hurricane Katrina struck the Gulf Coast, Mr. Brashear was tapped by Louisiana Governor Kathleen Blanco to become the state transportation coordinator for the evacuation of New Orleans, Dwight was recognized for his efforts in October of 2006 when he received the American Public Transportation Association's first - ever Special Award for Extraordinary Leadership. In October 2005, Mr. Brashear was called to Washington, D.C. where he gave testimony relating to Hurricane Katrina before the United States House of Representatives. In February 2006, he was once again called to Washington to provide testimony before the U.S. Senate. Mr. Brashear has written numerous articles for various national transit publications and was featured for his accomplishments in Mass Transit Magazine. In November of 2006, Dwight was recruited by MV Transportation, where he served as Regional Vice President until 2008, when he was promoted to Vice President of Marketing for the Western Region. In 2010, Mr. Brashear joined Tectrans, where he serves as Executive Vice President of Business Development. Dwight is a graduate of the American Public Transportation Association's Leadership program. Mr. Brashear has also studied public transportation in France, Austria and Germany. BUD JORDAN: VICE PRESIDENT — BUSINESS DEVELOPMENT Mr. Bud Jordan is en experienced public transportation professional, with comprehensive knowledge of fixed route, paratransit, shuttle systems and demand responsive operating procedures and policies. Bud's subject matter expertise' includes on -street service delivery, fleet maintenance, operating budget, service modeling, planning, and forecasting. His Intelligent Transportation System (ITS) experience includes understanding of the proper and most effective use of MDT, AVL and GPS technologies and interfacing with "next bus" technology to enhance customer service. 6ud's experience relevant to transit management includes recruitment and human resource functions, service scheduling, organized labor relations, Federal Transit Administration and ADA mandates. His transit management experience within both public and private entities includes specific responsibility for agency transit systems in Cincinnati; Fairfax County, VA; Washington, DC; Pittsburgh; Dallas; Cleveland; Houston; and Baltimore. Bud also assisted in LSF Shuttle' contract start' -up and transition for the 24/7/365 shuttle services at Fort Lauderdale=Hollywood International'Airport: BRIAN SULLIVAN: CHIEF MARKETING OFFICER •A founding member of Tectrans, Mr. Brian Sullivan has 19 years of experience marketing public transportation • sservicesaincluding the development of contract-winning'proposals and award -winning marketing and communications -#„ 12 campaigns. He has also managed complex customer satisfaction surveys and customer,relations management (CRM) programs, Brian and his marketing teams have been recognized numerous times by the public transportation industry for excellence in communications (including several American Public Transportation Association AdWheel Awards and AdWheel Grand Awards), and he is serving on the APTA Marketing and Communications Committee, and is an active participant in numerous other trade associations including CTAA, FPTA, and Florida Commission for the Transportation Disadvantaged. Brian has assisted transit agencies, municipalities, and counties with their marketing and communications needs, including tax referendum planning, market and brand awareness studies, strategic planning, and transition plans. He is the principal author and facilitator of Tectrans' proprietary AMBASSADOR training program for all management team members to ensure that the Tectrans brand and the operating brands of our customers are represented well in their respective marketplaces. 4E LSF SHUTTLE REFERENCES We have provided a select list of LSF Shuttle clients in the following table. These references have been selected to demonstrate our unique ability to provide the Miami Trolley Services, Each reference demonstrates our experience with meeting similar needs and service characteristics of the Miami Trolley Services. 2igtiiir, ; ,. .- 1 t. -' ,Mi S`,�E ...'- . ,:. '*: , f. AF t -.v . '''''x ; Client Name: Address: Telephone Number Contact Person Downtown Ft. Lauderdale Transportation Management Association 305 South Andrews Avenue, Suite 710 Fort Lauderdale, FL33301 (954) 951-5951 .,n, a TFkhSPO?TbiION ar- fiiQ N ors r6h p sSOCIiTI�)3 Mr. Chris Wren Annual Revenues Length of Service Type of Service $720,000 October 2005 - Present Community Trolley Bus service for the City of Ft• Lauderdale serving the Convention Connection, Las Olas, and Downtown Courthouse Loop yy P ZY W�3 t' (( -iT yt'F t - E 9 i 3` ry�Yt ` � i` y , - ��.• ;''5 ctf i h =+ i'� - �K�iji. � 3,"`N:�P C'11.� d la 3 � ]�"='^�F.ef�Ta'T Y �4+ p Y - x -574 4 } , T it. '':hi---;* ' '=z � ii._ 1i% 6 ''. r, s. i T lette J -2' �+- ..Ht7i .w+i _ , t �. Q t.%!�i3.�=4 � � r%�Xm Client Name: Address: Telephone Number Contact Person Doral Trolley 8300 NW 53`d Street, Suite 100 Doral, FL 33166 (305) 593-6725 Mr. Francisco Gonzales G, _ ` Ski •,.._" ,,,, Annual Revenues Length of Service Type of Service $375,000 • 2008— Present Community Trolley Bus service for the City of Doral �, fI� g m1i ''! t� y "� i4-'`A .. 5� +.�` 'j .-ng-� Y •t 4 . 'k i v 4W % F tVtrM' ~34},�.�.rk ri �F' �'•`_'3-fi ���t ., z �bd•.C.- Client Name: Address: Telephone Number Contact Person lA`ys ��y.{i"LL��.'VY�S •�F,l.• ?f Z4. �n��' ��=SII���C.. City of Homestead 790 North Homestead Blvd Homestead, FL 33030 (305) 244-4777 Ms, Ana Azicri i `A•� u Mf'��l�I •_r�h,-. ��. �' S'�i .��'.'�iYk`L F�aL �i.L���-'��i,�kA.%Yk.R�..e5 -,i,1� ;` •'t .' _ _ _ I>€ Annual Revenues Length of Service. Type of Service '$153,000 2010— Present . -,.•,!,�.,,;;:_;,_.... Community Trolley Bus service for the City of Homestead' .. ..i_�..-'gsze ���":'e �.h .i.31Ifgar 13 Ern Client Name: Address: Telephone Number Contact Person Hollywood Community Redevelopment Agency 101 North Ocean Drive, Suite 204 Hollywood, FL33019 (954) 924-2980 Mr. Rafael Vazquez OLLYuWOCAD commuNtri R&Dfv P.LOPh`.;:wi F.6 iad f.Y Annual Revenues Length of Service Type of Service Client Name: Address: Telephone Number Contact Person $300,000 March 2010 — Present Community Trolley Bus service for the City of Hollywood Fort Lauderdale -Hollywood International Airport 300Terminal Drive Fort Lauderdale, FL 3315 (954)359-1278 Mr. John O'Hara Ffe ?a .rarLAu -so.at=-HoLLy OO.:, "i,(,'t INTERNATIONAL AIRPORT Annual Revenues Length of Service Type of Service $8,000,000 1987 - November 2002; May 2008 - Present Airport Courtesy Shuttle service for Employee Parking Lo and Remote Parking Lots. . s'--f,.`..1 s� T.ru Client Name; Address: Telephone Number Contact Person Miami International Airport (MIA) Consolidated Rental Car Shuttle AvAirPros (representative for rental car companies) 7600 Earhart Road, Suite 9 Oakland, CA 94621 (510) 382-2150 Mr. Dick Wilson (AvAirPros) Annual Revenues Length of Service Type of Service $10,500,000 2010 — Present Shuttle service for the Consolidated Rental Car Facility at Miami International Airport 4F SUBCONTRACTOR PARTICIPATION While LSF Shuttle does not propose subcontracting ahy portion of the Miami Trolley Services, should subcontracting become necessary throughout the term of this contract, LSF Shuttle will make every effort to use local firms in the performance of subcontracted service. 4 G DISCONTINUED SERVICES LSF Shuttle prides itself on its stable of long-term satisfied customers, Despite our best efforts to maintain customer satisfaction,'there are often circumstances beyond our control, including reductions -in funding, 'or eompetitdi.-• submitted pricing that is lower than LSF Shuttle's. One example of.:such.a.circumstance was.::wi,th our.:foriiier. Noya:.: Southeastern University parking shuttle contract- In this situation;.a. competitor submitted -pricing that.was .......:......... significantly less than LSF Shuttle's: :As the incumbent, we believed that we understood the costs to perform the services and that our pricing was the best possible. price, however, the competitor's pricing was less, LSF Shuttle was not willing to negotiate down to their price, and the client had no other choice but to select them for theirservices.due 14 to sever budgetary constraints. As evidence of the quality of our services to the University, attached is a letter of commendation received by LSF Shuttle following the transition of services from LSF Shuttle to the new operator. 14qVAaOstTv A1:1".•:NeJitic11.:.P'aolititi,?.1,1:;1;vznt'r4 NSU Tn.\Yht.ttn 0011Ceni: A'reCOIDtmentilicir,mtid:rzfurcnee ..fro(IN'a • (railiel)A.1.6c.I.!iracqyiEls,Soi.ith sc.71,L,1 gllintir!l$per.lit)r.,,Ctipsevcrril ,:vcars Ltikva,S•s•Detrvittned with siiiiny:tuy.11C115inpu.T.;'or.,ivt.• as Oppflfl 1111.. 011r L.171lversi7 [IAN tx,trtmli.ly- iiitir 81M.Anri.14,0r R11 carv-sq tlmt S r forn4:8 • veti.;;;Itri,.*::r&id.o..qrs si -1ls ntivqn otoioipnnL. • flsouyllIF itli3,i.;51rwilt ulFi:k. • \.. '.:K.I.ValiV&T5iretlillrfilT,IfileiliAF:tg,frilV.,1:ilLariCpli, Kni )3314,7,79A ,V5'RLIIii[131....- , • •- • • l'ArttkU12{114.N.9 - • - • • - 4H LETTERS OF REFERENCE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT (FLL) Approximately two years ago, we re -assumed the shuttle bus operations at the Fort Lauderdale International Airport. This required that we hire and train more than 90 drivers and 50 support staff. LSF Shuttle provided a seamless transition for this operation. This "silent" start-up is an example of our ability to hire and train employees effectively and also shows our ability to streamline the work flow of any job, regardless of size, duration or complexity. On May 1, 2008, at the Fort Lauderdale -Hollywood International Airport, our service began with a revised schedule that had a significant reduction in operating hours•and cost for the first month of service. Despite this major adjustment, the airport staff did not receive a single complaint. LSF Shuttle achieved significant financial savings for the courtesy shuttle operation at Fort Lauderdale -Hollywood International Airport. Since our company was awarded the contract with the Broward County Aviation Department and the Broward County Board of Commissioners, we have taken great care to assist the County in restructuring its shuttle operation to provide operational improvements and financial savings. We believe that our achievement on behalf of Broward County is best described by our client, Mr. John O'Hara, in his own words on the following pages. We are a cost-conscious organization and, as Mr. O'Hara stated, "embrace the challenge" of achieving cost savings while improving customer service quality, as we did in Broward County. The first line of cost savings that LSF implemented was consolidating run schedules and supervision programs, This consolidation has reduced thousands of payroll hours by re -scheduling or eliminating under -productive routes and implementing stringent professional transportation supervision standards. These savings translated into reduced operator overtime, operating costs, and fuel. AVIATION ?AR ft9ENT-Fort LauderdSle/Hollywoad. Int_rnationai Airport iqq Aviation Boulevard -Fort Latdarda5. Flonbn 33315 • vrJ•35S•510? September 17,2009 Mark Levitt, President Limousines of South Florid t 500 SW 401'' Stress Lauderrlale,_FL S3� iS Daar Mr, Levitt: in reviewing LSE's budget, operational and contract compliance_ performance for 09 t want to acknowledge LFS's averatl excellent contract perdormance at ELL. udoet FY2009 presented some major challenges from a perspective of balancing costs and service levels. Frequently ihroug'hout;ths year'LSFwasasked:to make:recommendations to reduce .bus service hour where possible while. maintaining et high level:.af:customerservlce, In each case LSE'steam headed. by Peter Kane embraced the challenge. LSF assigned'kts.staff to .review ridership demand by each hour end•route and made solid.recommenda`Lions .to reduce and realiccate:service hours. LSF staff produced high quality planning materials and presented their recommendations :to Aviation 'in a professional manner. The recommendations were accepted:.and implemented resulting in an overall savings of .approximately S1 million from the approved FY 2009 budget. LSF hasn't stopped there and periodically conduots•anaiysis to fine tune its services: Operational Performance LSF participates with .Aviation Deportnent, staff in key uvorkshopa with our .primary tenants and airport employee work groups. LSF has .developed e strong relationship with •groups like the FerdAl Car Companies served by the Consolidet d Rental CarShuttle:6us'route and airport:wider employee croups. who rely on the shuttle :service to .get to end from their •work sites„ .fo both cases we • receive icoratpliments reearding ser ij e.nnd very few complaints. Ail'cornptaints erz fully investigated and LSF is fastt0'brina situations to a'succeeSful resolution. Contract Complianifw Through the course of the year we. have conducted a number of random and scheduled inspections .of various contract responsibllilies including brit not -limited to, driver records, criminal background checks and bus maintenance and record keeping.. l'm pleased to repotf..that LSF has so excellent record of contract compliance, ..0 uu111*rnet•Krxi:t a.12R4: -Athw C.Jor. Btnv ont.Cs5y;9nordct:avustvCvramwwnec: •&cn:K•O.5'isi^.:4ie5c:nulI:r,Swry *".%/ ts1 li:msa;ar.Ji.,,mes' ratrIzm nutvr. riot` Vieder elkkel 17 As we close out FYD9 1 want to than}; you and your FLL staff for the fine contract. performance. I look forward to FY 2010. Sincerely,. .John D. O°Hara' `'• t Airpori.Manager-Londside Operations (Contraoi Administrator) Broward County Aviation Department (D54) 350-1275 l ar b, oLrd..or c: Michael honnemachor Peter Kane t:ioky Roberts SOUTH FLORIDA REGIONAL TRANSIT AUTHORITY (SFRTAJ/TRI-RAIL We are extremely proud of our fixed -route transit contract providing rail -feeder service in the Pompano Beach area servicing the Tri-Rail heavy rail line to and from Miami. Our contract calls for specific stop locations and timing to ensure our passengers can meet the timetable of the Tri-Rail system. On one of our routes, we determined we could increase the number of passenger boardings and achieve shorter wait times for passengers if we adjusted the stop timing. LSF Shuttle made the adjustments and not only did passenger boardings increase, overall system productivity per stop also increased, improving overall system productivity. The following letter cites LSF Shuttle's achievements on behalf of the transit authority: Note that the letter states that we have had no complaints and our ridership has increased along with our operating efficiency, One of the tools we have used to achieve such consistently high customer satisfaction is use of real-time GPS monitoring by our dispatchers, who are able to see the vehicles as they operate and make adjustments to service in•real-time to achieve maximum productivityand service to customers. 18 EOLITH FLORIDA UOIDTRAI. tatutsatiorrAnbn AUTHORITY fILIAI Dote.) Aett,-2.1. I T. 75.1/922.7245. TR, 71.IiI`i.ri` Aprif 9,201D Joseph Of Giuseppe, Project Manager Limousines of South Florida, inc. • 2595 hiorthwest 313Th 5treet a.9V2 Dear M. tGiuseppe: On Paaalf oif our Agency i svant.ed to take a moment .to thank you and your staff. March ended with rmr highest ridership seat for the, fiscal year FY20D.;-2010. tipillg tile month at March, Litnousines of South filarlda, Inc. transported over 400 passengers; without any S'iliViC0 disruplions, customer ACTIcrns or acttidenisikncidents. SFR TA is in the planning process expanding Feeder Route Bus Servic. to Pnim Beach County it nd additional service to ()reward County. Additionutly, with gas orlon:, predicted to be on the. rise rnhiSurnmtlit OnthiPute ridership to increase System wide', We aro confident that you and your staff wilt continue to maintain 'ha highest level of service to our s.ornrnunity. 5incersly, •Cho dBets $it, Operations Prasject Manager•Bus 5QW5,.ro A. E4Art.n t I RI i A C..17t7 n3, tc.v.-• 4,1,tt t• I M, L-13.• Osvip RII T EigiIiM.?:,IpUTOTT)IIIKCIOO . • ..... „ - 14P-4404 19 CITY OF DORAL ' LSF Shuttle operates numerous local fixed -route public transit contracts.•One of our customers is the City of Doral, FL and LSF Shuttle operates modern replica trolley buses for the Doral Trolley service. The South Florida area is a high volume tourist destination, and LSF Shuttle specializes in catering to a clientele of tourist friendly, image conscious customers that are focused on providing economical transportation services that offer high customer service quality. With over 20 local municipal clients, we have achieved continual success in operating high quality local fixed route transit service. As the letter below indicates, we are a valued partner for our clients, As you will hear firsthand by contacting our clients, LSF Shuttle has the experience and expertise that no other company has in South Florida. We are "The Professionals" when it comes to Community Shuttle Service and we are local with local resources. 20 03 t„4 arpMnor Public woriu niroctnr April '30, 2 D 10 Mark Levitt Limousines of South Florida, Inc,. . 2595.14W 38' 'Street Miami, FL.33152 Doer Mr. Levin, Limousines of South Florida, Inc (LSF) has bean working far the Crcy ci Doral for the past two years srnce tiro lntop:ion of die Dora Trolley. The .service. provided has been a big par_ of the succ^_;5 of our system. We appreciate ail of yourassisrire during the inirial 's ::rt up and exprnsion of service due to the demand In ourcommunity. As a result of your active rale in the community to deliver ;he highest qualiry service I wouid 'nevc.no concerns with recommending LSFto perform operation and .maintenance of aches public .transportation syscerns. ! look forward so the continued parcnership between ,L 7F and .the Ciry of Douai .uo prarldo• the. best possi:ilesnrvice to our residencs.ar..d visitors.. if Jou should need enyih1rr3 plrtusc 'feel (gee tcZ r_oncuot the City of Don! Public Wor?cs Dcparcrnen: au (305)593-6710. Respectfully, Eric Carpenter]' .Publit. . orkr Director ..363:Kvrikvueii3rd0r,ro. uirc .17knel. Flnrtda.3tl:iti • (31. .5145_liip,i. 21 5 ABILITY AND CAPABILITY TO PERFORM REQUIRED SERVICES Within the City of Miami, service is provided to the residents, families, tourists and the service is an important link to the business, medical and educational needs of the area. A strong public transportation system must be able to deliver a safe, timely and cost effective model for its riders. Additionally, a public transit system must reflect the community's needs, During a period of economic uncertainty, high unemployment, and concern regarding maintaining a positive attitude, the ability to gain access to the many opportunities available in a community, is often completely dependent on one's ability to access the services, We must remember, not everyone has the access to a personal vehicle or has the ability to drive to and from locations of employment, education or medical services. A community's strength is one of ensuring equal service delivery and a strong transit system, like Miami Trolley can deliver. Our company understands the importance of a smooth contract transition and our regional, corporate and location General Manager will work with the City to develop the start-up plan which keeps safety and the needs of the ridership first. In our attached Start-up Plan, we have spotlighted and categorized the major components of a start-up process and we will work with the City to ensure all functions and processes are reviewed, analyzed and reaffirmed to ensure service starts as scheduled, on -time. SA ABILITY TO PROVIDE REQUIRED SERVICES LSF Shuttle is a premier full -service shuttle, paratransit and fixed -route passenger transportation provider that successfully operates contracted transportation services throughout California and Florida. We specialize in providing contracted transportation services for both the public and private sectors, and we will do everything in our power to make Miami Trolley successful. Through our experience operating fixed -route shuttle and ADA paratransit services with a wide variety of customers, as well as the experience operating transportation for additional government, transit, and private organizations, ou r team understands that successful transportation requires: • Safety — is every LSF Shuttle employee's #1 priority. • Dependability —transportation is a necessity and becomes integrated into passenger's daily lives; a Sensitivity —to the needs of each individual passenger. • Kind Employees — who naturally care about their passengers, • Flexibility —to meet the changing needs of Miami Trolley, as well as employee and public riders. Communication — maintain open lines of communication with Miami Trolley staff and riders. o Understanding —of best practices to operate on -time, safe, and reliable shuttle service. Today, LSF Shuttle provides a full -spectrum of transportation management services, including trolley, fixed -route transit and shuttles; commuter links to rail stations, paratransit services, Regional Center transportation, employee shuttle, and Dial -A -Ride operations to a wide variety of transit -authorities, city and county governments, colleges and universities, and private corporations. 5B MANAGEMENT CAPACITY •Tectrant provides'the full support -of our corporate resources and expertise. LSF Shuttle local operations share a - •'"•• `orporate'commitmentto provide the highest quality, integrated transportation services to the transportation -:gmPV1.y,37-Vi,07.•nM•62a: ,41, .i-.tdW.+.::� 22 dependent community. From the'creation of a transportation idea to the completion of a contrect,,we are able to bring our clients' strategic and operational vision to life with quality that is unlike any other. Additionally, the growth of the City of Miami and the community's educational and medical needs requires a company with the experience and background of actual "on street" management knowledge to operate a contracted service and be able to adapt to the needs of the ridership, base personnel and future growth of the City services. Sc FINANCIAL CONDITION AND CAPACITY Tectrans, Inc. is a financially sound, well managed and growth -oriented company. Tectrans has positioned itself for future growth and sustained health by assembling an industry leading management team and joining with well respected equity and senior lending partners capable of providing all needed capital funding, even in today's challenging economic environment. Tectrans' accrual basis financial statements are prepared in accordance with GAAP with annual financial audits and tax return filings conducted by the regional accounting firm of Windes & McClaughry Accountancy Corporation (www.windes.com). Windes and McClaughry is based in Long Beach, California and has been providing benefits administration, financial audit, and tax services to California businesses since 1926. They have represented Tectrans since the formation of the Company. Audited revenues have increased from $28.2 million in Fiscal Year 2007 to $67.9 million for our recently completed Fiscal Year 2010. Tectrans annualized 2011 revenue run rate is $102 million based on recently awarded contract procurements. A copy of the previous years' certified audited financial statements are included for your review in separate sealed envelope. Financial statements have been marked confidential and are not for public release. Tectrans is well capitalized and has positioned itself for sustained growth over the next 5 to ten years by selecting best in class capital and lending partners. Tectrans' management team owns a sizeable percentage of the Company's equity share, with material capital contributions provided by Huron Capital Partners (www.huroncaoital.com), Roynat Business Capital (www.rovnat.com), and Thrivent Financial (httos://www.thrivent.com/aboutus/whoweare/factsfinencials/financial ratings.html), Our management team's extensive experience, coupled with the long term commitment of our three equity stakeholders, has allowed us to deliver high quality service at competitive pricing and sustained operating cash margins well above industry averages. We have combined the equity interests of the management team and our external capital provides with a full service credit facility provided through our senior lending partner, Fifth Third Bank (https://phx.corporate• - ir.net/phoenix.zhtml?c=72735&p=irol-IRHome). Fifth Third provides a one -stop financing solution to the Company by providing both term loans and an asset based revolver. Tectrans management has recently secured e commitment from our senior lender to increase our revolving credit line availability by over 50%. This increased borrowing base will provide significant funding reserves to address any capital expenditure and working capital requirements of the Miami Trolley Services contract over the life of the service agreement. Additionally, Tectrans maintains a performance bond surety line of $15 million with Ace -USA Surety (htto://gos.aceeroup.com/Surety,html), Ace is an A+15 rated surety provider and maintains a transportation industry specialization. Tectrans also utilizes Aon (htts://www.aon.com/about-aon/about-aon.iso) as its sole broker for all surety and corporate insurance programs, 5D LEGAL PROCEEDINGS • Currently LSF Shuttle has nopending-lawsuits or litigations other,than those claims -routinely covered by insurance.. 2i 23 .5E MERGERS AND ACQUISITIONS LSF Shuttle knows of no pending acquisitions or mergers that would negatively affect the company's ability to perform services on this contract. As a growth -oriented company, LSF Shuttle's parent company, Tectrans, is in regular confidential discussions with potential acquisition candidates that would supplement and enhance Tectrans' ability to support and add value to all of its client assignments. 5G FINANCIAL STATEMENTS A copy of our audited certified financial statements (including balance sheet and income statements) for the last three (3) years has been included in a separate sealed envelope. 24 6 METHODOLOGY AND OVERALL APPROACH TO SCOPEOF WORK 'LSF Shuttle has extensive experience providing Trolley services in South Florida. Our focus is providing the most reliable and timely service possible, in the safest manner possible, while providing long-term value for the City of Miami, funding agencies and riders alike. For the Miami Trolley service, we will accomplish these goals through our proactive monitoring, supervision, and documentation of service delivery. The following methods have helped our trolley operations teams to develop a favored technique for trolley vehicle operator staffing. Miami Trolley vehicle operators will be assigned a regular recurring weekly schedule, a method LSF Shuttle uses to provide excellent customer service to our riders. Using this recurring weekly schedule, Miami Trolley riders can expect to see, and become familiar with a regular friendly face —their trolley driver. By providing dedicated drivers on a regular schedule, LSF Shuttle assures a consistently high level of customer service and personal interaction'with passengers. This scheduling method also allows for: consistent scheduling of the drivers; all drivers to be full-time employees; and reduces the cost of service due to overtime and lunch relief scheduling. The typical weekday work schedule will provide the drivers with excellent benefits and scheduled time off, making the Miami Trolley service an attractive place to work for LSF Shuttle drivers. Measurement and reporting of productivity goals are an essential part of our successful fixed route service delivery method, Our experience operating fixed route transportation tells us that on -time performance is the key metric or KPI that gauges how`effective a trolley service is. A secondary key metric is passengers per hour. These two KPI are linked, since poor on -time performance drives productivity down, and high on -time performance drives productivity up as more passengers ride a trolley that is dependable and on -time. Achieving this goal practically ensures a low level of negative customer comments. 6.1 ADVERTISING & REVENUE -GENERATION SUPPORT LSF Shuttle understands that, via the changes released in Addendum 411, the City will maintain responsibility for the advertising and revenue -generation support for the Trolley operation. LSF Shuttle and its corporate Marketing & Communications department stand ready to support the City -managed advertising program and to lend any additional expertise we can from a marketing and business development perspective (as value-added service at no additional cost to the City). 6.2 VEHICLE MAINTENANCE PLAN LSF Shuttle operates and maintains more than 1,400 vehicles nationwide, including dozens of vehicles similar to the trolleys that the City of Miami is acquiring for this service. We have extensive experience in maintaining transit vehicles of all makes and models, from large fixed -route transit buses to cutaway paratransit vehicles to smaller vans and sedans. Our maintenance standards and best practices are based on experience meeting, and in most cases exceeding, manufacturer's recommendations and regulatory standards, Our focus is on providing an aggressive maintenance program that ensures comprehensive care of every vehicle during its useful life and beyond. LSF Shuttle understands that a strong and comprehensive vehicle maintenance program is a cornerstone of providing reliable transportation services. Our standardized maintenance plan provides effective and efficient maintenance for commercial transportation vehicles and meets or exceeds all manufacturer's recommendations and regulatory requirements. From vehicle cleaning to major repairs, effective vehicle maintenance enhances and protects a significant capital investmentin•rolling stock.(whethenthat investment is. rnade.by,LSE.-Shu.ttle.;or by..yo.u,.the client) and <Hproinotes a positive image of both the Miami Trolley Services and LSF Shuttle. . 25 VEHICLE MAINTENANCE STAFFING Successful vehicle maintenance is accomplished by attracting and maintaining an experienced and highly motivated team. The best maintenance program will eventually fail without dedicated and qualified employees to manage the processes and to ensure full program compliance. This is why LSF Shuttle uses industry best practices to recruit, hire, and train well qualified and committed maintenance team members. However, LSF Shuttle doesn't stop there. We then provide incentives, recognition, corporate support and all the tools our team needs to accomplish our primary goal of delivering a comprehensive maintenance program. RECRUITING LSF Shuttle uses only industry -proven methods for recruiting experienced maintenance team members. These proven methods include, but are not limited to: local classified advertising; advertising on internet sites such as Craigslist, Mass Transit Magazine, TransitTalent.com, and others; internal recruitment and posting of open positions within company locations; and advertising in local media and trade publications. We understand the importance of hiring the best technicians available in a given geographic area. Our maintenance team must ensure the reliability and overall performance of the transportation system by ensuring maximum vehicle up -time. Beyond the recruiting methods mentioned above, LSF Shuttle maintains active and productive relationships with both technical and trade schools such as the Sacramento Wyotech, Universal Technical Institute, and regional technical trade schools to provide employment placement for graduating skilled technicians. HIRING Our recruitment process is driven by local staffing needs, with both needs assessment and final hiring decisions being made by local management team members. LSF shuttle supports this process through a centralized corporate support structure which includes our Manager of Corporate Recruiting, a dedicated corporate position responsible for supporting our local terminal managers and assisting with all of their recruiting and qualification needs. Support services provided include, but are not limited to: determining qualifications, placing advertisements in the correct media, screening applicants, and maintaining recruitment files on qualified candidates for future positions. In addition, LSF Shuttle uses the Avesta CandidateCare Program (described in detail in the Employee Recruiting section •of this proposal) to pre -qualify, qualify, and screen prospective candidates. The CandidateCare program also manages and coordinates compliance with our standard background check, driving history check, criminal history check, and FTA compliant drug and alcohol testing program. Finally, the CandidateCare program used by LSF Shuttle includes an interactive behavioral interview process for all applicants, which is customized to meet our standard for maintenance staff. L5F Shuttle requires that all maintenance staff must meet all minimum qualifications for being a vehicle operator, including possessing a commercial driver's license. MAINTENANCE STAFF POSITIONS Beyond the full-time Maintenance Technician assigned to this contract, each LSF Shuttle terminal is staffed to meet the particular needs of the transportation services being provided. LSF Shuttle classifies maintenance team members into general categories of technician and utility worker, with further definition of the technician category based on skills, certification, and training. Our technicians at our various facilities are classified as follows: Technician Class A vu:•' Class!A°Technicians'arethemost senior level teehnicians workinglnthe shop: Thesejourneymen'level team•members havethe'most experience, -training; end expertise of our team. The primary duties of an ATechnician are to ensure l'the effielent'and effective'mainteriance bf a diverse fleet of vehicles. Class A Technician designation requires a high, . _ level of knoWledge of Medium to Heavy and Light Truck/Automotive mechanical equipment maintenance. They must •:have'at Ieast..10 years of-hands-on:experience and be ASE Certified and licensed to perform air conditioning repairs 26 according to EPA requirements, All LSF Shuttle technicians must be licensed commercial drivers with air brakes certification. Technician Class B Class B Technicians are seasoned and knowledgeable technicians who perform routine and effective vehicle maintenance duties. Responsibilities may include PMI services, simple diagnostic work, general repairs, and traditional automotive repairs. Class B Technicians generally have more experience than Class C Technicians, without the level of training and certification of Class A Technicians. Class B Technicians have three to five years of hands-on repair experience in automotive or Medium to Heavy duty vehicle maintenance All LSF Shuttle technicians must be licensed commercial drivers with air brakes certification, Technician Class C Class CTechnicians provide general vehicle maintenance support and perform minor repairs and routine maintenance tasks. They generally have limited experience but meet minimum training requirements and are considered semi- skilled in general automotive repair and maintenance. Many Class C Technicians are essentially mentored by our more seasoned Technicians. Class C Technicians take direction from Class B and Class A Technicians and must have the ability to communicate effectively with other staff members. All LSF Shuttle technicians must be licensed commercial drivers with air brakes certification. Fueler/Utility Worker Utility personnel perform general maintenance and upkeep for the operating terminal, as well as vehicle fueling, vehicle washing and cleaning, bus shelter cleaning and maintenance, and general helper support for the maintenance shop as needed and under the direction of senior shop personnel. R_iiii'l - r.d ,.f _4'..- i .. ._. . -T4- ;4 11C�tlDns arn s - xe _r ,`6t,. A - ,,. ,w4 p,. '�.F ny;x_SN'. + . lci{c zj'-y g • Perform engine and transmission overhauls • Perform PMI.services • Diagnose engine, electrical and A/C systems • 10 Years Practical Hands On Experience • Repair engine, electrical and A/C systems • Have and Maintain Multiple ASE Certifications • Diagnose and repair electronic systems • Se capable of using and operating Welder • Perform brake repairs on both air and hydraulic Technician ` Be computer literate and able to operate standard software • systems Perform inspection and repair of diesel, gasoline A • HVAC Certification is required. other power driven equipment. • Posses all basic technician tools • perform Air Conditioner Charging and Repair • Be capable of operating diagnostic equipment • Respond to Road calls • Commercial Drivers License with Air Brakes Certification • Perform machining of parts for automotive equipment and machinery to meet specifications • Prepare and submit records of work performed. • Record all parts and supplies used on equipment • Perform PMI Services • ' Perform seml-skilled preventive, corrective, and repair maintenance tasks on various types of • 3 to 5 years practical hand -on experience Vehicles. • Practical knowledge of Medium/Heavy and Light Diagnose and repair engine, transmission and Technician Truck/Automotive repair and maintenance electrical systems B • .posses all basic technician tools Perform repairs on hydraulic brake systems • Commercial Drivers License with Air Brakes Pre par_ andsubn itrecords of'work perFormed. Certification • Record all path and supplies used on equipment • ,• Respond to Road Calls . .. -..�_. - -.. ; .... ,. ._... . ; . _ .. ... ... - _ . c •This may include inspections, diagnosti work ,. , electronics; brake repairs on hydraulic systems. 27 /�*Y vt aL'aL D7lj.jir �.taa� S 1 ``,. ffis..a..• - x ,., a .p• Ya� La L��� i R Y h t} } 'iFlt - i`ry `-'rAE t h _ ni_ :! rsi , { �x� � .' W1 . 1d�F 4';-•Y '' 5-i Y t1�i V r^ _ 3KAp' i5- r.T%'L. r'f�'' y' t",�iv. u-? f���0i•�i: 3,? �' fl,E` d37, S J},4"7.4vh'S,¢ •• Perform oil and Lube Services • 1 year automotive technician experience • Perform Tire Mount and Dismount Or completion of 1 year vocational training program • Assist Class A & B Technicians to complete routine Technician in automotive technicians repairs and PMI services C • Posses basic tools c Perform minor non -safety related repairs • Good communication skills •Perform routine part replacements and adjustments • Commercial Drivers License with Air Brakes such as installing batteries and replacing lights Certification • Prepare and submit records of work performed. • Record ail parts and supplies used on equipment • Wash, clean and detail fleet vehicles • Have and maintain a valid Commercial Drivers ¢ Complete logs and reports Utility License• Perform daily facility maintenance • Possess basic tools • Perform daily yard/lot maintenance • Exhibit a positive attitude arid enthusiasm • Perform bus shelter maintenance as needed • Work in inclement weather TRAINING & CERTIFICATION Because LSF Shuttle places significant resources into hiring the most qualified candidatespossible, we strongly promote retention of maintenance staff by encouraging continuous education, training and advancement. Using National institute for Automotive Service Excellence (ASE) as the basis for continuous training, LSF Shuttle encourages all maintenance staff to improve and maintain their skills on a continuous basis. A key benefit of the ASE program is the continuous training aspect, since each certification must be renewed every five years. By earning ASE certifications in multiple subjects, our maintenance staffcan improve their skills and expand their professional credentials. Earning ASE certification specific to public transportation vehicles, diesel engines, and alternative fuel vehicles is strongly encouraged. Going above and beyond the ASE programs, LSF Shuttle coordinates hands-on in -.person training opportunities for our staff, with our vast network of suppliers and vendors. Through the coordination efforts of our Regional Maintenance Manager (a Tectrans corporate position dedicated to supporting local terminal staff and coordinating our corporate vehicle specification and maintenance programs) LSF Shuttle provides routine training opportunities in the following categories: • Wheelchair lifts and mobility device training —through both Ricon and Braun • Air conditioning training —through Thermo King and Carrier • Alternative fuels (propane, CNG) training —through Mutual Propane and Clean Energy • ' Diesel engines training —through Cummins and Creative Bus Sales To encourage and reward our maintenance staff as they obtain additional certifications, LSF Shuttle promotes an incentive program that pays all technician staffa bonus of $50 per year for each current ASE certification held or obtained, and $500 annually for master certification. In addition to the ASE incentive program, LSF Shuttle also provides incentive programs for each.team of.technicians et eachc.LS,F1Shuttle;terminal as..destcr'ibed below:.,:.,,„;_;.,, Safety "Incentive -$25 per technician per month for each month with zero injuries • Rdad Call'Incentiue -$25 per technician per month for each month with miles between road calls is above standard threshold :_..,..._.... ::__r..:::.,...,..;:•_;:;,, • ' Inspection Incentive - $100 per technician for each 3`d party inspection completed without. defect ' 28 VEHICLE MAINTENANCE PLAN The LSF Shuttle 'approach to vehicle maintenance provides a comprehensive plan for maintenance success from our SEE#1 safety culture to returning vehicles to revenue service. Our clients have expressed theft appreciation as our commitment to maintaining service vehicles has improved the appearance and reliability of both the service vehicles and the transportation services they provide. MAINTENANCE SAFETY Safety is the first critical component of LSF Shuttle' vehicle maintenance plan. This emphasis ties directly to our corporate philosophy where Safety is Every Employee's k1 responsibility (SEE1). Our safety culture starts with safe procedures that ensure injury prevention and continues through to safe repair practices that ensure safe vehicle operation after the vehicle leaves our shop. It is our top priority to establish and maintain a lasting safety culture. The key safety procedures and strategies described below work to ensure that we achieve this goal. FTA Compliant Drug and Alcohol Testing All maintenance personnel are considered safety sensitive employees and are included participants in our FTA- compliant drug and alcohol testing program. This comprehensive program (described in detail in Safety section of this proposal) provides for drug and alcohol testing of maintenance staff throughout their hiring and employment with LSF Shuttle. Personal Protective Equipment (PPE) LSF Shuttle equips each shop facility with high quality modern tools and equipment. Equipment is clearly marked and well maintained. Personal Protective Equipment (PPE) such as safety glasses, face shields, gloves, coveralls, and other PPE is readily available in convenient locations throughout our shop facilities. Proper use of Personal Protective Equipment is strictly enforced. Facility Standards Work areas are wet lit and kept free of debris or obstructions. Facilities are organized with designated storage areas . for parts, chemicals, oil and other items with adequate ventilation, markings, and signage. Equipment necessary for facility cleaning (brooms, mops, dust pans, absorbent, etc.) are strategically located in the shop and easily accessible in clearly marked locations. Shoo Safety Barriers Maintenance and shop areas are secured with safety chains and similar barriers. Signage throughout the shop provides notification to prevent non -maintenance employees from entering the shop.space. Proper buffer space is clearly marked on the floors around shop equipment to remind employees to keep a safe distance when the equipment is in use. Only maintenance staff are allowed entrance to designated maintenance areas, and PPE must be worn at all times. This policy applies to all staff including drivers, vendors, management and visitors. Lock Out/Tag Out LSF Shuttle follows OSHA -complaint lock out/tag out procedures to ensure that shop equipment is used, stored and powered on and off properly and securely. The program is reinforced through routine inspections and periodic re- fraining to ensure compliance with the lock out/tag out safety program. Hazardous Waste Handling In accordance with OSHA procedures and in compliance with our environmental impact policies, LSF Shuttle maintains a comprehensive hazard communication program that ensures proper identification, storage, use, and disposal of, chemicals and fluids used in the maintenance shop. Comprehensive NlateriafSafety Data Sheets (MSDS) are --maintained at -each facility; and -we use secure storage' containers` and designated areas for each chemical and fluid. All -' fluids.are clearly marked and labeled; Waste oil and fluids are properly collected and recycling programs provided by t 3`f party vendorsare.used aeach site to•properly-recycle and dispose'of'all veHicle`v✓'a'sfe'fluids ''Sim ila�ly,'all'u'setl''" 29 tires are recycled by a 3`a party vendor. Meticulous and 'detailed records of all recycling programs are kept, and all compliance reporting is produced and maintained at each individual shop. Safety Meetings Maintenance personnel participate in concise weekly safety meetings led by the on -site Maintenance Manager. These meetings provide updates for maintenance staff on new or revised procedures and provide an opportunity for hands- on training or demonstrations. LSF Shuttle shop staff are also required to attend the regularly scheduled monthly safety meetings conducted at each terminal. These meetings provide general safety information and focus on safe driving and on -the -road transportation issues. The "all hands on deck" nature of the monthly safety meeting allows a clear and consistent safety message to reach all terminal employees and promote our SEEr1 philosophy. Safety Messages Safety messages and posters are displayed throughout LSF Shuttle facilities to remind everyone of our SEE"! philosophy. Posters are similar to those provided in the Safety section of this proposal. Messages and posters are frequently updated and changed to encourage employee participation and interest. In addition, the Monday Morning Safety Messages (described in Safety section of this proposal) are distributed to all Terminals and communicated to all employees by their respective managers and supervisors. These safety messages are a very . important tool and are designed to be all inclusive. MAINTENANCE INFORMATION SYSTEM — COLLECTIVE DATA LSF Shuttle uses CollectiveFleet Pro, for comprehensive maintenance llectivo management, fleet data collection, inventory control, and comprehensive maintenance program reporting. As used in LSF Shuttle terminals, the Collective Data system tracks essential fleet and vehicle information, establishes and maintains preventive maintenance schedules, records all repair activity for both labor and parts, controls parts usage and inventory, and records and reports all maintenance activity. The system is a web -based product that is installed and operational at every LSF Shuttle terminal, which allows centralized control and standardization of maintenance information. As a tool used daily by local maintenance staff, as well as corporate support and management staff, the Collective Data software provides advanced scheduling of preventive maintenance service by both mileage and days. Automated email reminders and text messages are generated by the system for daily work, PM schedules, and other essential parameters, and are sent directly to local General Managers and Maintenance Managers for immediate action. Our system provides for automatic email notification of essential service information that is beyond most compliance standards (such as missed.PM's or downed vehicles) directly to a chain of corporate support and management staff, including all the way up to our Chief Operating Officer. This level of automation sets a new standard for maintenance accountability and management responsiveness. Extensive reporting is built into the software, allowing detailed analysis at both the local and corporate levels. These reports serve as the basis for tracking key performance indicators in our maintenance program. Reports include work orders, vehicle maintenance summaries, cost and labor allocations by vehicle or project, PM currency, PM schedules, parts inventory and usage, along with rnany others. The system has built-in custom reporting capabilities which can be used to create detailed reports using any data point collected in the system. More information about the Collective Data system can be found at http://collectivedata,com/fleet_management_software.html. DAILY VEHICLE INSPECTION REPORTS (DVIR) Drivers are responsible for -performing vehiclelhspections before' and'after;the end'of each shift: •_Beyon'd'a''si rple r 'vatsafety Inspection', this DVIR'checklist'is:designed to spot maintenance needs early, and address them before they "• "' " ` ' "become major•repairs: • Before' the start of each revenue service shift; the driver cornpletes•:a full)walk-around excterior • 'and interior vehicle inspection. Items checked on the DVIR forms -include all safety equipment;. road worthy features; •; and driver and passenger convenience equipment. N n x 30 . The DVIR checklist forms are completed in duplicate so that a copy of each daily inspection checklist is retained in the vehicle, while the original checklist is turned in to the maintenance department for review. Any minor defects are noted for future repair, while any road worthy or safety equipment defects are immediately reported to dispatch and the vehicle is placed out of service. Minor defect reports are documented in the vehicle file and CollectiveFleet Pro system for repair at the next scheduled PMI, where all minor defects are corrected, The D\IIR process is a critical element of our complete maintenance program. Because this process is so important, LSF Shuttle uses both gate checks and supervisor observations to ensure compliance with our DVIR program. Supervisors routinely walk the yard and observe drivers while they perform their DVIRs, often identifying deficiencies and corrective actions, but most importantly, reinforcing best practices as they "catch" drivers performing DVIRs correctly. To ensure daily DVIR compliance, supervisors and managers perform a daily gate check e before each vehicle leaves the yard. The gate check confirms that every driver has performed the DVIR, is properly equipped for their shift, and is carrying their required drivers license, endorsements, certifications, medical card, etc. PREVENTIVE MAINTENANCE INSPECTION PROGRAM Preventive Maintenance Inspections (PMIs) are the foundation of a comprehensive and effective vehicle maintenance program. The PMI process is designed to protect the capital investment in the fleet, ensure fleet availability, and maintain safe operating conditions. First and foremost in planning all maintenance activities is the availability of vehicles to meet service requirements, In particular, LSF Shuttle performs the majority of PM inspections when there is the least impact to operations. Our goal is to have vehicles in service during peak hours of operation, Of equal importance is the currency of preventive maintenance inspections, LSF Shuttle continues to schedule and follow-up on all PMIs In order to maintain 100% PMI currency. The LSF Shuttle PMI program is scheduled using the CollectiveFleet Pro software using a 3,000 mile or 30-day service interval. Odometer readings from driver trip sheets are entered into CollectiveFleet Pro daily, and confirmed each time the vehicle enters the shop. Based on these odometer readings, vehicles are scheduled for a PMI when they meet either the mileage of time thresholds, And because it's automated, e vehicle cannot be overlooked or missed in the PM schedule cycle. A schedule of PMIs due within the next 30-day period is generated automatically on the 15th day of the preceding month. Both operations and maintenance staff are notified by the CollectiveFleet software to schedule the vehicle for service so that the vehicle can be removed from the operations schedule in time to meet the required PMI appointment. PMIs are conducted on a schedule of A, B and C services, where A services are performed every 3,000 miles or 30 days. B services are added to the standard A service at 24,000 miles and C service is added to the A service at 100,000 miles. A description of each PMI service is provided in the table below, and additional detailed PMI inspection sheets and maintenance forms are provided for your review in the Appendix at the end of this proposal. 31 '. eTa'7E 4 "A" Service rfcenter`v1 3,000 Miles or45 Days erag€emas 1.•3..S4j nl� 1. Lube, Oil and Filter Change Under Hood/Engine Compartment Inspection Interior Inspection Exterior Inspection Brake Inspection Lift inspection.& Service "B" Service • 24,000 Miles* Transmission Service - Fluid and Filter Change "C" Service 100,000 Miles* Vehicle Tune -Up Differential Service- Fluid Change * "B" and "C" Services are performed in addition to and during an "A" Service During the PMI, the technician reviews both the vehicle file and all previous PMI reports as well as the vehicle repair summary, which shows the comprehensive repair and PMI history for the life of the vehicle. This critical step in the process allows the PMI to become both a critical safety element and an efficient maintenance program. First, reviewing the vehicle repair history allows the technician to identify and correct repeated repairs and address safety concerns (such as repeated brake or interlock failures, for example), even if they have no personal history with the vehicle. Second, the file review allows for repairing minor defects identified during the Daily Vehicle Inspection (DVI) process, and encourages pro -active component replacement where worn or suspect parts are replaced during the PMI when the vehicle is already out of service and before they cause a service disruption. All defects reported through DVI or identified during the PMI are completed before the vehicle is returned to service. QUALITY CONTROL INSPECTIONS LSF Shuttle uses a management re -inspection program to ensure the quality of our PMI program and: provide training and education opportunities for our maintenance staff. At each LSF Shuttle terminal, the local Maintenance Manager re -inspects ten percent of all the PMI inspections conducted at the facility, with care taken to re -inspect PMils - performed by each technician on staff every month. The re -inspection process includes review of all work orders, paperwork and vehicle file, followed by a completes re -performance of the PMI to Include verification of all PMI inspection check list items, and evaluation of all repairs performed on the vehicle during the PMI. Any deficiencies found during the re -inspection are immediately corrected and the Maintenance Manager takes corrective action with technicians through re-training and other means to ensure future PM1s meet LSF Shuttle' exacting standards. AIR CONDITIONING MAINTENANCE PROGRAM With a base of operations in California and South Florida (some of the hottest climates in the Nation), LSF Shuttle places a high priority on maintaining well functioning air conditioning systems in our vehicles. Preventive maintenance for air-conditioning is performed at regular PM Inspection intervals in accordance with the preventive maintenance recommendations of the manufacturer of the air conditioning system. Then, before peak air conditioning season each 'year, the entire system is checked and cleaned to ensure optimum.perfo.rmance of the system. Air-conditioning " *tepa'irs are 'Made 'in' accdrdan'ce Wit renvironmehtal'regulations'a ifffl red"I'n the Clean Arr Act'of19SO4ncluding but '- •• not limited to, the use of certified technicianan'approved refrigerant'recovery'system;`and`t ae tracking of"reffigera'ri't'"""2= • used for each repair. A cdmplete copy of the Air -Conditioning PM -checklist is provided•in the Appendix at the'end•of • .•• this proposal. 32 WFIEELCHAIR LIFT MAINTENANCE PROGRAM LSF Shuttle recognizes that an essential element of vehicle maintenance is ensuring that the wheelchair lift is in good operating condition at all times. Using our comprehensive wheelchair lift PM program (provided in the Appendix at the end of this proposal), each PM Inspection includes specific lift maintenance, lubrication and thorough inspection of lift components. Technicians inspect for structural deficiencies, hydraulic leaks, and verify correct operation of the lift platform, sensors, barrier, and controls. Most importantly, as part of the DVIR process, all drivers are required to cycle the lift to confirm trouble -free operation before the vehicle enters service. Lift malfunctions are a cause for immediate out -of -service assignment. Vehicles with inoperable or malfunctioning lifts are not placed into revenue service, and are scheduled for immediate repair. TIRE MANAGEMENT PROGRAM LSF Shuttle manages tires so that they provide the maximum useful life at the minimum cost, Our network of suppliers provide consistent inventory and just in time delivery to meet our PMI and replacement needs, including tire warranty adm inistration. Tires are maintained at proper air pressures far loads per OEM recommendations, and are checked daily by drivers during the DVIR process. Proper wheel alignment is maintained consistently through PMI verification to avoid premature wear. Front tires are replaced when worn beyond 4/32 of an inch and rear tires are replaced when they are worn beyond 2/32 of an inch when measured between major treads and wear bars. These procedures help to maintain consistent wear and the longest possible tire life. At the end of useful life, all tires are recycled through environmentally complaint vendors. WARRANTY MANAGEMENT LSF Shuttle•has been s authorized to perform warranty work for Specialty Vehicles and has been doing so for the past several years. Limousine of South Florida has been working with the staff at Specialty Vehicles in assuring Specialty Vehicles warranties on both parts and labor has been performed in the South Florida Markets. In addition, Limousines of South Florida has only Specialty Vehicle Trolleys In our current fleet and our staff knows the vehicles better than anyone In the local area, LSF Shuttle administers both vehicle and parts warranties for all vehicles maintained in our operating fleet. The CollectiveFleet Pro system is used to identify all parts under warranty and to manage warranty recovery. The system is also used to identify all vehicles affected by a defective manufacturer's part or recall program. Regardless of where the work is done, LSF Shuttle accurately and aggressively administers the completion of warranty repairs and recall campaigns that affect the vehicle fleet. BODY WORK POLICY All body repair work is undertaken by an outside vendor. Every vehicle that has undergone bodywork is individually inspected by the Maintenance Manager, Robert Bragg, to ensure that the work was performed to OEM specifications before the vehicle is released back into service. ENVIRONMENTAL COMPLIANCE PROGRAM • • -LSF Shuttle complies with federal, state and local environmental' regulations. Our compliance program is designed to meet various_ standards that 'apply to,our'local transportation operations meludmg Ox cupational Health.and Safety Administration, Environmental Protection Agency, Clean Water' Act; Material Safety"Data Sti'eets Spill "Prevention""- 33 Control and Countermeasures, Storm Water Pollution Protection Plans, local zoning•and fire department regulations, and other compliance programs as needed, The Senior Vice President of Safety and Risk Management, Mr. Drew Jones leads all corporate and field efforts in regulatory compliance efforts. Mr. Jones provides the oversight and direction needed to ensure local compliance, and provides an expert resource to our local Project and Maintenance Managers. In coordination with the Maintenance Director, Mr. Daniel Moreno, LSF Shuttle provides excellent corporate support resources and oversight to ensure compliance at all LSF Shuttle terminals and maintenance facilities. LSF Shuttle maintains database records of all compliance data and reporting, accessible at operating terminals and corporate locations, along with hard copy files of all fees, permits, compliance processes, data recording, and required reporting. Through the support of various contractors that provide environmental services, such as waste product recycling and storm water monitoring and testing, we maintain strict controls over both materials and compliance documentation. LSF Shuttle strictly complies with the Clean Water Act, addressing both spill response and storm water pollution prevention at every LSF Shuttle facility. As appropriate, LSF Shuttle produces and implements the procedures for both the Spill Prevention, Control and Countermeasures Plan and Storm Water Pollution Prevention Plans. Response plans include the appropriate notification sequence for each location, specific response assignments for local staff, immediate response training, the use of containment measures, and certified emergency response contractors. LSF Shuttle maintains current MSDS and chemical inventories on file at both corporate and operating terminal locations, and ensures only our standard list of safe and approved chemicals are in use at each facility. THIRD PARTY INSPECTIONS LSF Shuttle is a fully licensed and certified transportation operator, and fully understands the requirements of major local and state agencies and their regulations. We understand that periodic Inspections will occur at all our operating terminals. These inspections by third parties, regulatory agencies, or funding partners are important milestones for our staff and are treated as a top priority. As a result, LSF Shuttle has a superior record for regulatory compliance with agencies such as the Florida Highway Patrol and Federal Transit Administration Triennial Audits. Our standard is 100% compliance with DOT. OSHA, FTA, NTSB and other agencies as they apply top our local operating terminals. Most importantly, we welcome our clients to review our operations, perform their own internal inspections, and verify our strict adherence to local operating requirements. CORPORATE SUPPORT AND OVERSIGHT LSF Shuttle provides a complete support program to assist and direct our local operating terminals in providing the best vehicle maintenance service to our customers. Our Maintenance Director, Mr.. Daniel Moreno, provides support and management oversight to identify areas for improvement and implement best practices across all of our operating terminals. Through on-line monitoring of maintenance KPis, regular reporting, and on -site local visits; he ensures that our vehicle maintenance staff implement our maintenance program to reduce or eliminate vehicle down -time and provide maximum revenue service for the City. Oversight is also accomplished through data driven decision making and monitoring specific vehicle maintenance Key Performance Indicators (KPIs). Four KPI measurements will be collected and reported by the terminal maintenance manager on a monthly basis, These KPIs include; PMI-Currency o Maintenance Cast per mile "Miles"bet"vJeeii Rb 'd..Ca'll's""""""`"'"" """„,. 'o"OiafOf'Service`Peteentage'•''``' t..", 34 Maintenance KPIs are compiled, reported and compared across regions and between similar transportation operations. Each terminal location is then assigned a specific target score for each of the KPI measurements, creating a customized standard appropriate for the conditions at each individual operating location. Performance is then tracked and judges against the standard, and provides a tool for local General Managers and Maintenance Managers to use in their daily decision making. KPI reports are provided to our customers as part of the monthly operating report package (usually attached to service invoicing) and additional custom reporting is implemented for each customer as needed. 6.3 ELECTRONIC FAREBOX It is our understanding that the City of Miami will be installing the fare boxes in the trolleys pursuant to Addendum rt1 for this RFP. LSF Shuttle is familiar with the EZ Card Automated Fare Collection System and the interface with Cubic Transportation Systems, Inc, The EZ Card System will -mirror the Miami Dade Transit System with which we are also familiar. We have been In contact with Ms. Lynn Brumfield of Cubic Transportation Systems that provides the interface for the EZ Card System to further our understanding. It is also our understanding pursuant to Addendum 41 that all Trolleys will report to the Miami -Dade Transit Central Administration located at 3300 N.W. 32 Avenue every evening to have the cash vault withdrawn and the EZ Card transactions downloaded to the Miami -Dade Transit system. 6.4 STANDARD OPERATING PROCEDURES ROAD CALL PROGRAM If a vehicle breaks down on route, is involved in an accident, or has any other emergency, LSF Shuttle is committed to quickly restoring passenger bus service. Our dispatch staff are trained to respond to various in-service events, and follow standard procedures to determine the best method of response. Once confirmed, immediate response by a Road Supervisor and replacement vehicle is arranged for vehicle accidents and other emergencies, To facilitate an immediate response to service disruptions, LSF Shuttle maintains a "ready bus" for daily assignment. The "ready bus" is a vehicle that has already had a pre -trip inspection performed, is parked at the facility, and is ready to leave at a moment's notice, In the event that a replacement vehicle is needed in service, the "ready bus" is used to take over passenger operations on the route. Typically, the original driver resumes revenue service while the road supervisor coordinates with maintenance staff to arrange repair or towing for the stranded vehicle. For mechanical breakdowns, a triage process is used by the dispatcherin coordination with maintenance staff to get the vehicle back in service or a replacement vehicle placed In service as quickly as possible. The road call process follows these steps: • Triage mechanical issues with driver and maintenance staff • Confirm a replacement vehicle is needed • Coordinate "ready bus" and road supervisor assignment O. Confirm with maintenance staff if tow truck, on scene repair, or drive in response is needed a Confirm break down location using landmarks and GPS as. available • Route "ready bus" and road supervisor to breakdown location a Confirm route is.returned to revenue service --- • • Complete.the Road Call Report, verifying vehicle number;;route number., operator., name,. time• and;• date,• location and description of the problem • ;as-Route.:t.he: Road: Call -Be port to both -Genera I Manager andyMe nte,nance Managerr, � ` ro+i o 35 LSF Shuttle tracks all road calls in our CollectiveFleet system, and provides accurate reporting of miles between road calls.•This critical KPI is.reported monthly and is monitored by both local and .corporate maintenance staff to identify trends and ensure standards are met. Following a road call event, the'vehicle is diagnosed and repaired. Before the vehicle is returned to revenue service, the Maintenance Manager must sign off on the repair. DELAYS AND CANCELLATIONS NOTIFICATION In order to ensure we have the latest information regarding road closures and potential traffic delays, LSF Shuttle partners with the City and other agencies to receive barricade plans and event information. This allows the operations staff to coordinate with the City on recommended detours in order to minimize service delays. Additionally, in the event of an unforeseen delay our standard operating procedures have all driver's notify the dispatch of such delays so that a supervisor can respond and determine if and when it is necessary to detour the bus. It is also standard operating procedures for drivers to notify the dispatch office in the event of break dov,'n. A stand by bus will often be staged at a preapproved location during peak hours in order to respond to breakdowns immediately reducing service interruptions. The dispatch office will immediately dispatch the staged vehicle to the location of the disabled vehicle, in order to continue the route while at the same time dispatching a mechanic to the disabled vehicle The dispatch office will also notify the City of Miami about this breakdown and the scheduled estimated time of arrival for the replacement vehicle. CONTACT PERSONS Mr. Rene Breton, Operations Manager (954) 453-0845 Ms. Vasti Amaro, SVP Operations —East Region (954)599-8418 ACCIDENT AND INCIDENT PROCEDURES Driver and passenger safety is our top priority. We continuously take steps to reduce accident frequency through programs like our Driver Training Program and our strict adherence to our Drug & Alcohol Policy, as well as other methods. We also credit our company Safety Plan and our passionate emphasis on safety for the reduction in the accident rate, Because of this company focus and constant improvement effort, we have an unparalleled record of safety. Our insurance premium -to -loss ratio of less than 30% is envied by our competitors. It'is the policy of LSF Shuttle to conduct prompt, accurate and thorough investigations of all accidents, injuries, illnesses and near misses, with the goal of promoting safety and preventing reoccurrences.. LSF Shuttle's accident procedures include close coordination with our contract staff, first responders and safety agencies (including police), and all begin with proper driver training and follow-through by'our staff. Accidents are reported through dispatch immediately to the Terminal Manager, and will be investigated by appropriate staff. LSF Shuttle trains all road supervisors and management staff in accident investigation techniques, and requires a trained accident investigator to arrive at the scene of every accident and document, measure, take statements and photos of the scene. This package is turned into our corporate risk management team and is used as part of the evaluation process. At -fault accidents are addressed by management on an accident -by -accident and employee -by -employee basis. All accidents will be recorded, and records of all accidents will be filed in the appropriate employee files for tracking and analysis of driver safety and commitment to LSF Shuttle's safety values. Accident details are ' 'e"used as training tools. By submitting details to an employee review committee, i they are discussed and analyzed for instructive use during regularly.scheduled and_ , mandatorysafety meetings.Accidents that indicate trends are"handled:6y. ,- tc.. i n organizinga'campaign. to eliminate the behavior leading to the reoccurrence. .. ... .._ .•.gib{c. ✓.n:. — — ; F:j 36 RADIO CHECK -IN AND COORDINATION PROCEDURES All of the IViami Trolleys will be on'a dedicated radio frequency and this will be the primary communication process between the trolley operators and dispatch. All operators will be required to check in with dispatch at the beginning of their shift confirming their on -time departure from the garage. Additionally, they will be required to report any schedule delays and incidents so that they can receive guidance from the dispatcher. All operators will be trained on standard radio ten codes. TRAINING PROGRAMS • LSF Shuttle believes that effective training is the foundation upon which safe, dependable vehicle operations are built. Well trained and consistent drivers who follow procedures in detail will ensure that buses operate on time and are dependable for•our customers. As a leading provider of transportation services nationwide, LSF Shuttle leads the way with industry proven best practices and comprehensive training programs that improve employee performance and create safe and reliable vehicle services. DRIVER TRAINING PROGRAM Tectrans has implemented a training program designed to provide comprehensive and thorough training for all of our drivers and operations staff. The program uses classic classroom training as well as hands on practical experience, and takes advantage of current technology to maintain the interest of trainees by using audio/visual aids, DVD, online resources, role playing, workbooks, oral and written testing, and self paced learning. Training is conducted by qualified and certified trainers, as well as senior staff and management for each terminal. Guest trainers are also incorporated for specific program topics and specialized training opportunities, The standard driver training prograni allows for custom elements and modification to meet the needs of our individual operating terminals and their clients. Using this flexible design, LSF Shuttle achieves a consistently high standard across all of our operating divisions by ensuring that critical elements of the program are implanted at every location, while.specific.needs of our clients are also addressed with contract -specific training. The Tectrans training program is a minimum of 80 hours in length, including 40 hours of classroom learning and at least40 hours of behind -the -wheel learning. Additional program elements provide additional training hours. However, effective training is not judged only by hours spent in class, but rather the content of the program itself. To ensure the highest quality program, Tectrans has utilized several respected industry resources to build our program, including the U.S. Department of Transportation, Transportation Safety Institute, Community Transportation Association Passenger Service and Safety (PASS) and the Smith System of Defensive Driving, 37 A summary of the Tectrans Driver Training Program 'components is provided in the table below: 1 Classroom Introduction Welcome & Expectations 1 Classroom Company Policies & Procedures Employee Handbook 2 Classroom Vehicle Operations Vehicle Introduction & Driver Manual 3 Classroom Project Specific Training Customized for Every Terminal 2 2 Classroom SEE'1 Safety is Every Employees 411 Responsibility 2 Classroom First Aid & CPR Red Cross Certification 6 3 Classroom Customer Care Based on START Customer Service Program 8 4 Classroom ADA/Passenger Sensitivity Based on CTAA PASS Training Program 8 5 Classroom Defensive Driving Based on Smith System 8 ' �-- ... ,Dt• 6 Behind the Wheel DVIR Training Pre -trip Inspection Training 4 Behind the Wheel Securement Training Complete Hands On ADA Training 4 • 7 & 8 Behind the Wheel . Closed Course Training Vehicle Familiarization & Skills Development 16 9 & 10 Behind the Wheel On -Road Training Emphasize Defensive Driving & Skills Testing 16 11 to 20 behind the Wheel On -Route Training Real World Testing & Evaluation 80 s4..:i e: -:1 .: c _ uStbtil ; Y'.i1.70:1lni, e lyiAlliti: lneK 4.}A. }. ' 5e3 $., }_a._v. s.iii 'i.;96i •[�Ifbl37 fug ;E� 5z4. 4: sa r: >»_i.n}` ,ex, ,L 2 'rt%,�tsT Continuous Safety Meetings Monthly Refresher Training Continuous Road Supervision Active On -Route Supervision &Evaluation Varies Continuous Refresher Training Additional or Reminder Training Varies Continuous Corrective Re -Training Specific One -on -One Fitness Evaluation Varies Continuous Certification Training Additional Training for Certifications Varies CORPORATE TRAINING SUPPORT LSF Shuttle directly supports our local training programs with two dedicated corporate support positions. Working in • concert, the LSF Shuttle Senior Vice President of Safety and Risk Management and the LSF Shuttle Director of Human Resources provide oversight and direction for training programs to all local LSF Shuttle terminal operations. As Senior Vice President of Safety and Risk Management, Mr. Drew Jones oversees all safety and training program content and implementation.. He not only.ensures that LSF Shuttle policies are followed, but he also makes sure that all operating terminals meet or exceed legal or regulatory requirements of local, state, and federal agencies. In a supporting role as East Region Director of Human Resources, Ms. Natasha Russ assists local General Managers and training staff to recruit and qualify the best driver candidates possible. Both of these highly experienced senior staff are experienced operators who are ready to assistlocal staff with hands on assistance throughout our service area. LSF SHUTTLE TRAINING STAFF The majority of the training program is delivered by our dedicated Safety Trainer with the direction and support of local General Manager, and the assistance other senior location staff. Corporate support is available to every local operating terminal for assistance in delivering the LSF Shuttle driver training program. All Safety Trainers are required to be certified Red Cross First Aid and CPR instructors; certified Transportation Safety Institute Transit or Paratransit Trainers; maintain a commercial driver's license with passenger endorsement; and maintain a current medical certificate. CLASSROOM TRAINING •z: •.ro:•:' .The LSFShuttle driver training.program•begins..with-classroom training before :iiioving.tebehind the•voheel•ttaining;-,•_,:.:_: • k: additional certification training,• and• continuous training Classroom nstruction is dynamic and efficiently paced. The . daily schedule includes multiple topic changes in order to maintain. the interest of trainees F.or.an interesting classroom experience,, our. program:includes video;.graphics workbook readnd ex ing aercises' demonstrations 38 and individual exercises, and role playing with multiple opportunities for trainee participation. The major topics of classroom training are described below. SEE*1 Safety Training Training begins with our number one core value, safety. The first and top priority message for all LSF Shuttle employees is that Safety is Every Employee's 41Responsibility (SEE`1). Above all other concerns, our employees are instructed that they must accept responsibility for their own safety, as well as the safety of everyone around them, including coworkers, passengers, and the public. Our policy teaches the trainee the three priorities of service; Safety as number one, then Customer Satisfaction, and finally Efficiency. In any situation, decisions are made using these priorities in order, This element of classroom training is a wide ranging discussion of corporate policies and procedures that includes: S Personal Safety e Emergency Procedures a Injury Prevention @ Hazard Communication W Accident Prevention Injury Reporting • Drug and Alcohol Testing Program 6 Accident Reporting Company Policies and Procedures This element of the training curriculum is our opportunity to describe and review the comprehensive LSF Shuttle policies and procedures which govern the employment relationship between the company and the trainee, and also govern continued employment status. The major components of this training include a site tour and facility orientation, and instruction using Employee Handbook and theDriver Manual. The Employee Handbook covers every major topic of employment with LSF Shuttle. It governs the employee/employer relationship for all LSF Shuttle employees, 'and contains all basic regulatory and employment law provisions. The Employee Handbook is a standard document across all of LSF Shuttle operating terminals. In contrast, the Driver Manual is a highly customized document which describes in detail the specific operating procedures and requirements for each individual LSF Shuttle operating terminal. The Driver Manual includes customized descriptions of driver duties and responsibilities which apply to specific transportation services operated at the terminal. Customer Service Training Drivers are the "face" of every transportation service because they represent both the City and LSF Shuttle to riders every day. Since passengers interact with drivers more frequently than any other transportation staff member, LSF Shuttle emphasizes providing excellent customer service throughout our driver training program. In this training module, LSF Shuttle provides instruction that complements our comprehensive Customer Care program (described in detail in the Customer Care Program section of this proposal). The core message of the LSF Shuttle Customer Care Program, is that satisfaction is judged solely by the passenger. When approaching any event or situation, our drivers and staff can have a positive, neutral, or negative impact on how that event or situation is perceived by our passengers. Our Customer Care Program goal is to make every customer interaction a positive one. We deliver this core message in a way that empowers our drivers and staff to be pro -active; to take the best action to resolve issues quickly; and to communicate empathy and understanding with passengers. These skills are taught to each driver as they learn to identify and use various communication techniques, and how to best communicate •- effectively with the public.. The program addresses basic guidelines of quality customer service in a transit setting, and our standards of what it means to be a professional driver. Based on the industry leading START customer service training program,:LSF Shuttle.provides detailed instruction to 'help operators understand the part they play in providing and promoting a positive passenger experience, Materials• • 39 help drivers overcome common negative mindsets thatcan make the job unnecessarily difficult. The program teaches drivers: ▪ How and why to make customers feel welcome • Keeping it Positive - Non Verbal Communication • Understanding and following rules, policies and guidelines • How to make good decisions about exceptions Establishing professional boundaries with customers G Conflict Avoidance - Letting it Go O How and when to call for assistance • How to manage schedules and time pressures • Mature and positive communication with co-workers and management • Communicating with Customers During Emergencies and other difficult situations ADA/Passenger Sensitivity Training LSF Shuttle understands the importance of treating all passengers with respect and understanding. In particular, we emphasize providing high quality service for seniors and passengers with disabilities. Providing excellent service to passengers with disabilities is not really difficult. However, many people have limited experience and may have fears or misconceptions about people with disabilities, making a strong ADA and passenger assistance training program is essential for our staff. PASS LSF Shuttle utilizes the PASS (Passenger Service and Safety) program developed by the Community Transportation Association, which has been heavily modified to meet the needs of our clients and our drivers. The course is designed to familiarize staff with the legal requirements of the Americans with Disabilities Act (ADA), and includes an overview of the requirements of the ADA as it applies to public transportation, including vehicle operation and maintenance. The goal is to provide drivers with the skills necessary to create a positive impression for every rider, regardless of physical ability or age. The passenger sensitivity course includes a variety of hands on experiences for our drivers, Extensive role-playing and participatory experiences are used to give every driver a chance to "feel" and develop empathy for our riders. Drivers have opportunities td board the vehicle using a variety of mobility devices, including a wheelchair (complete with lift boarding, securement, and lift de -boarding), walker, cane, and using a white cane while experiencing visual impairment. The course also includes special guest instructors from the local disability community, advocacy, or training organizations. Our community involvement provides extensive opportunities for participation of local social service organizations; and helps build connections to the rider populations we serve and keep our training fresh and current. This outreach is reinforced during behind the wheel training, when drivers visit local program sites, senior centers, adult day health care, dialysis centers, or other frequent service destinations and build personal relationships with riders and staff. The passenger sensitivity course materials also include handouts, role-playing exercises, guest lecturers and video presentations. The main emphasis of our program is that riders are people first, and they are the best source for - finding out what.assistance they want or need. Topics covered during this course include: ® . Americans with Disabilities Act (ADA) " Visual Disabilities. • Hearing Disabilities • Communication -Disabilities l\fiob'ilityDisabilities D'evelo itned'tal Disabilities' f htal,Disabilities,,,,,, 40 ▪ Driver Sensitivity and Communications • Disability Awareness u Communication Techniques 4 Definition of the "common wheelchair" • Mobility Devices • Wheelchair Handling • Lift Operating Procedures G Wheelchair Securement • Passenger Assistance Tips First Aid and CPR Principles of Crisis Management Evacuation Techniques Emergency Procedures Blood Borne Pathogen Protection Handling Seizure Disorders Disability Simulations Extensive Role Playing Personal Care Attendants Service Animals In recognition of safety as our top corporate priority, all LSF Shuttle drivers are trained and certified in Red Cross First Aid and CPR. Each LSF Shuttle trainer is a certified Red Cross First Aid and CPR instructor and provides the training, examination and certification for LSF Shuttle drivers. The Red Cross First•Aid and CPR course provides our drivers with the knowledge and skills necessary to recognize and provide basic care for breathing and cardiac emergencies as well as how to respond to sudden illness or injuries. Drivers must successfully complete all required skills and pass a written examination with a score of 80% or better to receive Red Cross training certificates. Transportation Operations The operations training session provides general instruction to drivers about the vehicles they will operate, and both the general and specific operating conditions of the terminal. An introduction to the vehicle Includes classroom descriptions and hands on inspection and demonstration of the major vehicle systems. Typical components discussed are the engine, steering, brakes, driver controls, doors, safety windows, lift equipment, securement devices, safety equipment, radio, and farebox. Training is focused on how the transit vehicle differs from a private automobile and the specific procedures required to ensure they are operated safely. Basic operations training topics include: • Attendance Policies/Call Out Procedures e Work Schedules • Report for Duty Procedures • Route and Manifest Development ® Required Driver Equipment • Daily Vehicle Inspection Report (DVIR) Defensive Drivine Training The backbone of our safety program is the emphasis on defensive driving skills for every LSF Shuttle driver. Using the Smith System method of space cushion driving, every LSF- Shuttle terminal teaches drivers the core defensive driving fundamentals of space, visibility and time. Commercial drivers can go their entire professional lives without an accident, and defensive driving is a proven factor in creating the safe vehicle operation that can make an accident free driver career. Atkserie.or, Red Cross Topeor, aw. wr, saE c tifi F Radio Operation and Etiquette e Fare Collection and Fare Box Operation m Map Reading • Mobile Data Terminal (MDT) Operation • Dispatch Operations Vehicle Fueling SETSETE. S STE . Ildo Manta Our defensive driving course teaches drivers the five keys of space cushion driving: Aim high in steering; Get -the big is picture; Keep your eyes moving; leave yourself an out; and make sure they see you. This critical course teaches drivers ' how.to'recognize and avoid dangerous:situations: We teach that•anyaccident no -matter how_srnall puts:driyers 'themselves, passengers; and the • general public at risk. The basic classroom defensive„driv.;iri.g prograrn,.iriclu-des.• '•..;- -,; ,;•,; 41 classroom instructions, video and audio aides,.and various testing materials. Behind the wheel instruction reinforces classroom instruction. Course topics include: 6 Vehicle Stopping Distances • Vehicle Backing • Blind Spots • Steering Methods • Curves, Intersections and Turning • Railroad Intersections • Parking Lot Procedures Project Specific Training LSF Shuttle supplements our complete standardized driver training program with specific training geared to the needs of the individual service provided at each operating terminal. We will tailor our program to meet the specific requirements of the City. Specific examples of customized driver training elements include subjects like: operating hours, days and services; passenger eligibility; fare collection policies; passenger assistance rules; trip reservations, scheduling, and cancellation policies; service area guidelines; uniform standards; and other program areas as needed. Our goal is to provide an exceptional driver training program that provides the highest quality and safest transportation experience for the City and its riders. • Freeway Driving and Merging • Following Distances b Lane Changes • Night Driving • Weather Conditions • Curbs and Fixed Objects BEHIND THE WHEEL TRAINING Classroom training provides the foundation for becoming an excellent LSF Shuttle driver. Behind the Wheel Training builds on that foundation with practical, hands on instruction and skills development. Specifically, all Behind the Wheel training emphasizes correct defensive driving techniques. Elements of the LSF Shuttle Behind the Wheel training program are described in the following paragraphs Daily Vehicle Inspection Report (DVIR) Training All drivers receive training on how to properly perform the process, DVIR Training includes a full walk -around inspection of the vehicle exterior and interior using a •comprehensive checklist. DVIR Training includes a full explanation and walk through of the vehicle maintenance process to show how the DVIR process contributes to the overall vehicle maintenance program. Procedures are explained and demonstrated for safety sensitive conditions that require immediate repair and "downing" of a service vehicle, as well as rninor repair items that must be noted for future repair. Each checklist item is demonstrated and explained in detail and every driver is tested for proper performance of the checklist items, and understanding of their importance for safe vehicle operation. DVIR Training includes the gate check process which confirms that every driver has performed the DVIR, is properly equipped for their shift, and is carrying their required drivers license, endorsements, certifications, medical card, etc. Closed Course Training Driver skills training starts with training on a closed course. Skills training is the introduction and practice with basic vehicle maneuvers and -operations to familiarize drivers with the larger size,•slowerspeed, slower reaction and larger • spacing of commercial vehicles before driving the vehicle on the street: -Closed Course• Training. occurs. on private :. property using large•paved spaces and skills course set up using.cones.and barriers. • The skills course requires all trainees' to learn the use of multiple mirrors,,yehiclesteering, braking„and.a,cceleratio.n, and:emphasizes how to safely hiaheuverthe Vehicle in both forward and -in —reverie. The skills training program-allows-•x • 42• our. trainers identify potential deficiencies in students and apply additional training or supports to improve their performance or remove students from the training program when they cannot meet our demanding standards. Closed course skills training teaches the following skills: * Judgment Stops • Emergency Maneuvers • Following Distance o Right and Left Side Backing • Right Turns and Left Turns • Left Turn One Way to One Way 6 - Parallel Parking Securement Training During behind the wheel training, LSF Shuttle provides thorough hands on experience with securing mobility devices' for every driver. Demonstrations and hands on practice conform with PASS recommendations and meet all ADA requirements, During securement training, critical attention is paid to ensure that each mobility device is properly secured, and to make sure the customer enjoys a safe ride. The focus of this training is to secure the mobility device at strength positions; the operator will never attach securement straps to spokes or other loose components. Equally important is making sure shoulder belts and lap restraint al also properly used for every passenger. LSF Shuttle teaches the following securement procedures: • The vehicle must be parked at the curb • The vehicle transmission in park • The vehicle parking brake engaged 6 The vehicle interlock operational • The operator deploys the lift according to specific lift procedures 6 The operatorassists the passenger in boarding the lift 6 Passengers ride the lift facing away from the vehicle P The operator ensures mobility device brakes are engaged ® The operator ensures the passenger lap belt is secured • The operator ensures the lift safety strap and barrier are engaged • The operator communicates to the passenger that lift operation will begin • The operator raises the lift to its complete up position • The operator allows the passenger to maneuver into position in the.vehicle, assisting as necessary, • The operator requests permission to secure the mobility device • The operator secures the mobility device at strength positions • The operator requests permission to place shoulder and lap restraints 6 The operator secures shoulder and lap restraints • The operator notifies the passenger that they are ready to depart 6 Customer Stop « Loading Zones • Railroad Crossings « Drive Through • Back Through • Serpentine On -Road Training •'• :::' Once a'studentt has successfully completed all skill course maneuvers during closed course training,. drivers begin on- : " • road instruction' under the supervision of LSF Shuttle's training staff: Tlie'focus of tltraining i on'pracf ciiiiand• ' reinforcing the Smith System of defensive driving with actual on the road practice. During on -road training, each driver is presented With eetensive time behind the wheel to experience`es'hiany real:world driving situations es pbssible.lh. ' ..�. K... y'_ ... .. •yam, ..�,.. 43 addition, each LSF Shuttle Terminal uses a specific testing routethat presents each driver trainee with all the commercial driver drive test scoring challenges. To complete on -road training, LSF Shuttle drivers must demonstrate mastery of defensive driving, emergency procedures, and all technical driving skills. On -Route Training Upon completion of on -road training, new drivers are assigned to a training route fora period of at least two weeks. The training route will typically be one of lower ridership, to allow the new driver time to build their skills. Drivers will operate the vehicle, become familiar with trip generators and landmarks, and interact with passengers on, a practical level. Drivers are expected to follow all the same procedures and perform the same functions as regular route drivers, and are monitored constantly by the trainer or road supervisor staff who rides along on the route to provide supervision and training reinforcement. During on -route training, drivers are evaluated and tested frequently. Before a driver is approved for transfer to revenue service, supervisors evaluate their knowledge of operational policies and procedures. In addition, supervisors evaluate driver attitude regarding traffic or stress, customer courtesy, passenger sensitivity, defensive driving, and safe vehicle operations. CONTINUOUS TRAINING Once drivers graduate to revenue service, LSF Shuttle provides on -going and frequent training opportunities, Through both regularly scheduled training, or on an as needed basis, LSF Shuttle Is committed to the successful and safe performance of all drivers over the long term. Safety Meetings LSF Shuttle conducts a regular schedule of mandatory safety meetings at each LSF Shuttle Terminal. Held at least once every month, safety meetings are our opportunity to provide our drivers with new information, the latest safety techniques, and additional training on company policies. Above and beyond this monthly safety training, LSF Shuttle receives Monday Morning Safety Messages every week with timely topics, Each weekly message is delivered in both English and Spanish to ensure that the messages are readily understood by all of our drivers. Road Supervisibn Dedicated road supervisors provide the oversight necessary to ensure drivers are performing at their best when they are In revenue service for our customers, Road Supervisors perform the critical task of annual driver evaluations that include safety, defensive driving, and customer service evaluations. In addition, they maintain relations with major trip generator sites and staff, and document service quality throughout revenue service. Refresher Training Whether based on annual driver evaluation, observations form road supervisors or customers, or upon request of the driver, LSF Shuttle provides refresher training for all drivers on an as needed basis. Refresher training allows any driver to return to any area of our comprehensive training program to or reinforce the standards and techniques that make a professional LSF Shuttle driver. From time to time, specific trends or problem areas are identified at an operating terminal, and refresher training is provided to ail drivers on a particular subject area. Refresher training is also provided to all drivers for professional growth or to learn new skills, Corrective Re -Training Corrective re-training is provided for individual drivers using a one-on-one instruction process that allows instructors to focus their time and attention on particular driver behaviors or improvements. Drivers are evaluated at•least annually, - • ,•and corrective.re-training is provided to any driver that does notnmeet safety or customer service.expectations. Additional. triggers for corrective re-training include accidents, collisions negative: customer comments; excessive • • absences, or other reported incidents; Drivers that receive corrective re-training are re-evaluated for job suitability, • -and evaluations are documented in driver training and employee:files. Certification Training In addition to the basic program, training in advanced topics and specialized certifications are also completed by our training staff on an as needed basis, Specific training or permit certification items such as General Public Paratransit Vehicle (GPPV), Vehicle for Developmentally Disabled (VDDP), Verified Transit Training (VTT), air brake certification, School Pupil•Activity Bus (SPAR), etc are provided as needed or as required by the contracted service. DISPATCH AND CALL CENTER TRAINING For some transportation services, communication by telephone is the most common contact between our staff and our riders. V'e understand telephone contact with our staff can make, or break, the customer's perception of the service they receive, Our focus when selecting and hiring dispatch and call center staff is to attract empathetic and caring individuals = people with full understanding and compassion for our passengers who depend on our services andmayhave special needs or who.may be elderly or disabled. CALL CENTER SKILLS TRAINING To ensure a sensitive and positive customer interaction, LSF Shuttle uses industry - proven skills training, that focuses on providing a kind, caring and empathetic approach to call taking by call center agents. This comprehensive employee training program, which includes audio tapes and a workbook, provides at of our drivers with valuable basic customer service skills training. The basic focus of this training is how to properly communicate with customers on a variety of common topics. The primary components of the program include: e The Communication Process • Communication Fundamentals • Developing an effective greeting • Treating the customer right • Making a Great Impression • Selling Yourself e Personal Protection • How and when to ask for help This all-inclusive customer service skills training.encourages our drivers first to understand and empathize with the needs of our passengers, and second gives them the tools they need to respond effectively and meet those customer needs. CUSTOMER SERVICE REFRESHER TRAINING In addition, LSF Shuttle has implemented a comprehensive and recurring training program for customer service agents and dispatchers, to focus specifically on providing exceptional customer service for our many clients and customers. This new program, titled "Professional customer Service" is designed to reinforce the best practices in use throughout our transportation reservations and technology- - : '.based call centers. The result is an improved experience for customers when they. •call for reservations, and improved job satisfaction for our many talented customer service agents. . • 45. TELEPHONE DOCTOR ® TRAINING True Customer Service begins with communication. In addition to the call center training programs in place, LSF Shuttle uses the "Telephone Doctor" customer service training program to improve our basic communication techniques, especially over the phone. This program is required for all dispatchers, agents, call center and office staff for initial training, as well as annual re-training, and is provided to the City at no additional cost. This program web - based interactive program is two and a half hours in length, and provides valuable information to improve the way our staff communicates with our riders and other customers. The concepts are presented in a common sense fashion, with situational and role-playing used throughout the program. The complete training program covers the following topics: 6 The Service Mentality: Identifies and highlights basic characteristics and traits of people who demonstrate excellent customer service. • Determining Needs: Listening Skills and Questioning Techniques; How to become an effective listener; Internal and External. Communications • Changing Perception: Learning non -visual communication; Finding the right attitude on the phone • Coaching Skills: Ways to improve performance; Difference between training, coaching and counseling; Developing managers and supervisors 6 Five Forbidden Phrases: What they are and how callers will react; Changing the message to achieve your desired results 6 Six Cardinal Rules of Customer Service: Humorous real -life examples of what to do (and what not to do) when faced with common situations 6 Proactive Customer Service: Building rapport with regular callers; Providing adequate information the first time 6 The Welcomed Guest: Employees on the phone are ambassadors of the company; Enhancing their ability to represent the service well MAINTENANCE TRAINING Throughout our transit operations today, LSF Shuttle has more than 50 technicians providing exceptional vehicle maintenance services. We employ A, B, and C qualified technicians, always with an eye to training the less skilled employee up to an A classification. The difference between LSF Shuttle and our competition is burpeople. We see our maintenance staff as a valuable asset, and we believe In Investing in each employee's training and growth. We have developed an extensive training program for our technicians, service workers, parts clerks and supervisors. L5F Shuttle' philosophy is to pinpoint the training needs of the individual and avoid the "shotgun" approach to training. We do not train every Technician in every area, but deliver only the training that each technician needs and will use. We have formed strategic alliances with our national and local vendors to provided specialized training on specific vehicle components and systems. The vendors we work with regularly to train our Technicians include: AC-Delco, Allison Transmission, Bendix, Carrier, Caterpillar, Cummins, Ford, GMC, Navistar and Thermo King. Each Technician is given the opportunity to participate in planned, regional and national training seminars conducted by various equipment and vehicle manufacturers. This opportunity is offered as an additional incentive to enhance knowledge, reduceturnover, and provide for a.greater knowledge:base for the service needs.pf the.M,iami Trolley Services vehicles, VEHICLE OPERATION •The following paragraphs°describe the essential elements of the L5F Shuttle vehicle operations plan as tailored for the Miami Trolley opportunity. 46 VEHICLE FUELING PLAN Because the City is now providing fuel for the Trolleys, LSF Shuttle assumes that fueling of the vehicles will be accomplished by City staff. If the City intends for the contractor to accomplish vehicle fueling, below is our standard operating procedures for vehicle fueling. In general, fueling is performed by fuelers or drivers, as appropriate. This method ensures that each vehicle is fueled and stored for the night with a full tank. During fueling the vehicle interior is swept and all trash removed, and a visual inspection is performed with any defects documented on the post -trip inspection form and reported to maintenance and window dispatch. At the end of each service day, service workers are responsible for ensuring all vehicles are fueled and properly parked on the lot and positioned correctly for the AM peak pull-out. .Besides operator labor costs, fuel is the second largest operating expense for LSF Shuttle and our transit customers. Whether LSF Shuttle provides the fuel or fuel is provided by our agency customer, our fuel policy emphasizes daily monitoring and reconciling of fuel costs utilizingvendor receipts, driver logs, and on-line vendor transaction (invoice) postings. All management and employees are required to keep a vigilant watch over fuel expenditures to identify any abnormalities that may indicate a misuse of fuel. A daily Fuel Control Log is used to document all fuel activity with confirmation by dispatchers and drivers alike, The Fuel Control Log is reviewed daily by the Operations Manager or General Manager. Any fueling activity reported on the Fuel Control Log, which is not supported by the driver trip sheet and the receipt, is reconciled and investigated immediately to determine if fraud has occurred. Fuel purchases are tracked through the use of fuel cards assigned to vehicles and Personal Identification Numbers (PINS) assigned to specific ernployees. Once a PIN is issued to an employee, another employee cannot in any instance use the same PIN. Cards are to be issued to specific vehicles and are maintained with the vehicle keys, and issued to drivers or service workers daily during the window dispatch process, and collected and counted daily upon return to the yard. Additional controls used in our standard fuel management program include the following: • • No pin or card may fuel more than 100 gallons in a single day. • • No pin or card shall be authorized between the hours of 10:00 p.m. and 4:00 a.m. a • No pin or card may fuel at any station except those documented on an "Approved Stations List" established for each operating terminal. VEHICLE CLEANING PLAN Vehicle appearance is a top priority for our staff. Riders deserve the highest quality passenger experience possible, and a clean, presentable vehicle plays a large role in that experience. Vehicle operators and maintenance technicians play key roles in ensuring that riders are transported in clean, comfortable, and safe vehicles. Cleanliness and vehicle appearance is a part of the Vehicle Operator's pre -trip inspection. Per the requirements of the RFP, all bus exteriors are thoroughly washed twice a week on non-consecutive days or more often as necessary due to weather or unusual conditions. Our environmentally sound practice reduces water run-off, and all wash water is collected for proper treatment and disposal. Vehicle interiors are cleaned daily at the end of each shift, and checked as part of the following day's pre -trip inspection. The daily cleaning includes but is not limited to the following: 6 Cleaning the inside of all windows, removing all dust, fingerprints and head prints. e Removing all dust from seats, dashboards, wheel wells, rails, ledges.. • • Sweeping all -floor areas; mop all liquid spills. 6 Ensuring bus is free of all paper, gum and debris, etc. ▪ Repairing damaged seats, a Daily removal/repair of graffiti. In addition LSF Shuttle enforces an annual complete vehicle detail process, where all vehicles receive a major cleaning, including both complete interior, and exterior detail with wax and polish: Vehicle cleanliness is a key customer service indicator and LSF Shuttle' management team often performs unannounced spot inspections to ensure compliance with our vehicle appearance policy. FARE PAYMENT VALIDATION AND ENFORCEMENT As part of new -hire training, LSF Shuttle will educate all operators on the City of Miami fare policy. It will be the operator's responsibility to inform customers of the fare and the requirement to pay. Operators will also be trained to report any customer who repeatedly falls to pay the fare. In addition, LSF Shuttle will work with the City of Miami with the implementation of advertisement cards in the interior of the trolley displaying the fare for the riding public. DISPATCH OPERATIONS The Dispatch staff will provide key services for Miami Trolley. LSF Shuttle will produce the most efficient and effective service, and driver route assignments, using all the tools and resources available to us. LSF Shuttle will use vehicle dispatch methods designed to ensure a high level of productivity and efficiency of on -route services, Using all the oversight and management tools available to them, from traditional voice radio to GPS (option) based vehicle tracking tools, dispatchers will: • Handle telephone requests and inquiries with high quality customer service E Provide accurate, timely, and positive information to customers a Ensure Miami Trolley policies are correctly enforced • Adjust driver and vehicle assignments for greatest efficiency • Assist drivers with daily service needs to achieve high on -time and customer service performance 6 Make real-time adjustments to service delivery for improved customer service and productivity • Document all trip activity for full data collection and reporting • Confirm and edit trip data daily to ensure accuracy of reporting TWO-WAY VEHICLE COMMUNICATION In our various service operations around the country, LSF Shuttle implements both cellular and radio -based communication systems depending on individual operating requirements and local conditions. For the Miami Trolley Services, we will operate primary service using the agency provided two-way radio system and Mobile Data Terminal system as the primary method for vehicle communication. As a back-up or contingency in case of radio system failure, LSF Shuttle will use Nextel mobile devices. LSF Shuttle is a national account partner with Sprint/Nextel and has established accounts for provision of direct -connect walkie-talkie service for our managers and supervisors, as well as cellular phone service. This relationship with Sprint/Nextel means that all key staff, managers, and supervisors are directly accessible through cellular phones to City staff as well as internal company employees, furthering our commitment to our "open door" policy. This system also provides an effective back-up communications capability for radio outages and emergencies of all kinds. Whichever system is used, LSF Shuttle has found that implementing and enforcing formal procedures for vehicle communications is mandatory. LSF Shuttle uses standard protocols for radio systems, a standard operating procedure designed to shorten communication times and improve response: in:disaster.•or:eme'rgency'operation.' Our drivers.are Instructed on proper ct mhionications technique, including use of run and/or vehicle numbers to identify themselves; ':clearing and acknowledging each transmission, use of modulated, clipped tones and maintaining message. brevity. • Procedures governing the use of the communications system arestrlctly enforced, 48 The radio communications system has five primary functions within most of our operations: • Permits schedule'adjustments by advising drivers of detours, accidents and passenger overloads; • Permits quick deployment of strategic spares and allows for scheduled repair as necessary; • Permits management to respond to emergency situations involving passengers, equipment and personnel including accidents, illnesses, lost or confused passengers, lost articles, and dangerous or criminal activity aboard vehicles or at the facilities; • Permits management to receive information on traffic, and conditions of assets (shelters, signs, etc.); and • Expands management's ability to monitor service through location reporting and direct reporting. SERVICE INTERRUPTION RESPONSE PLAN When an emergency occurs, the level of success and speed of response to the emergency is a result of two main factors: proper planning and propertraining. Without proper planning and training, the potential for injury or catastrophe during an emergency or service disruption increases. To ensure that emergencies and service disruptions are managed in the best and safest manner possible, LSF Shuttle and the City will work hand -in -hand to prepare contingency plans, ensure training programs are effective, and maintain close and open communication. . The specific plan for Miami Trolley, which will be developed with complete City support and involvement, will determine our response to emergencies of all kinds. This includes hurricanes, other weather -related impacts, power supply issues, construction or road delays, and potential unforeseen events. A copy of a sample emergency plan has been included .in the Appendix for your review. CUSTOMER CARE PROGRAM We believe that first impressions are paramount. When a customer rides in a Miami Trolley Services vehicle, this experience may very well be their first impression of our company or of the City. Therefore v,'e take customer service very seriously, and have procedures in place to ensure the positive experience of our riders. CUSTOMER SURVEYS LSF Shuttle uses written customer feedback -surveys, comment cards onboard vehicles, email, and web -based feedback as typical methods to gather information regarding the driver's behavior, his or her driving, and the condition of the. bus. This process is used by our General Managers and our senior management team to routinely monitor driver performance and track our service delivery. In addition, we conduct scientifically sound, random sample surveys of riders to gain additional insight on our shuttle service in general, and our customer service delivery in particular. One of our LSF Shuttle family companies provides contracted call center and customer contact center services to private businesses. Located in Los Angeles, our customer contact center staff has the capability and experience to conduct truly random sample, telephone -based survey interviews of riders to gather scientifically valid results for use in the management and evaluation of our services. With annual comprehensive surveys developed in partnership with City staff, we can provide critical service information to improve the effectiveness and efficiency of the program. As an operating division of LSF Shuttle, we offer this value-added service at no cost to the City. CUSTOMER COMMENT RESOLUTION ••- • We. pride ourselves on-ourexemplary record of quality customer service and continue to focus on this aspect of our Manager.,_ business. All customer complaints -will be promptly inyestigatedand followed -up on.byyour.General , •: •• • • ,Each. complaint'isentered intotur•Costomer Feedback database to permit monitoring of customer comments, and to detect • .anytrends in customer comments related to overall service or a particular driver. Our policy is for all complaints to be 'investigated and a preliminary response communicated to the individual making the complaint within 24 hours. This 49 also includes response•to City staff as well, • The investigation.and follow-up will result in resolving the customer's complaint, and hopefully, continued use of our bus service. CUSTOMER FEEDBACK OPTIONS Our policy is to provide customers with as many opportunities and methods as possible to give us their feedback. Typical methods that will be used for the Miami Trolley Services include; e Customer comment cards onboard vehicles Customer comments via email • Customer comments via website o Social Media feedback (Twitter,.Facebook, etc,) • On -board vehicle, in -person customer surveys • Written customer feedback surveys • 4 Telephone customer feedback surveys • Web -based customer feedback surveys TOLL -FREE How's MY DRIVING LINE With the approval of the City, LSF Shuttle will apply a "How's My Driving" decal to every vehicle giving both the ridership and other drivers the opportunity to provide immediate feedback. All hotline calls will be received in our 24/7/365, bilingual, Los Angeles -based call center. Our Call Center staff and Supervisors will be responsible for effectively administering the hotline call procedures. Our team will remain focused on processing and responding to comments in a thorough, appropriate, and timely manner. Understanding that good customer service results from constructive feedback and resolution, our investigation process will remain objective and we will work hard at fostering a positive, goodwill approach with all involved parties. This value added feature is provided at no cost to the City. CUSTOMER SERVICE RECOGNITION A key element of our Customer Feedback Policy includes recognition of drivers and staff who provide superior customer service, We use a driver incentive program which recognizes those drivers with outstanding driving records, positive customer comments, and exemplary conduct. Every month, we select one or more vehicle operators based on merit, and present them with a Driver of the Month plaque and recognition rewarding their positive conduct, Additionally, each time a driver is complimented, they will receive a $10 bonus in the form of a gift card. Compliments include positive customer comments received through one of our formal customer feedback methods, verbal reports from supervisors or managers, positive comments from City staff, and drivers that are "caught" doing the right thing by our staff, This reward method is our way of improving morale and increasing motivation in all our staff to provide the best customer service we can to our customers, MYSTERY RIDER PROGRAM An additional customer service enhancement that LSF Shuttle offers our local clients, and an integral part of our 'customer service program, is a "secret shopper"type program where:community part•neryolunteers are recruited a•nd.. trained to ride the Miami Trolley Services and report back to LSF,S,huttle management about their exPeriences. Each month; a different LSF Shuttle Mystery Riderwill be tasked w,itiispending several,hours of.theirtime riding;the._„,: shuttles: These "anonymous" passengers will utilize an automated checklist using a company:issued PDA to document' their finding's to:the'LSF 5hottle'General Manager, who will compile the findings and report quarterly to City operations "staff and LSF Shuttle management. Any deficiencies in the operator's performance will be immediately addressed by 50 the. management and supervisory team; and"any accolades•for 'above and beyond" service will be recognized in the presence of other vehicle operators. Specific areas that will be observed and reported include: 4 Safe operation of the vehicle O Customer service G Passenger assistance • ADA compliance e On Time Performance • Vehicle cleanliness Because LSF Shuttle will provide this unique program without the need to seek outside resources, the (Mystery Rider Program is included in our proposal at no cost to theCity, MYSTERY CALLER PROGRAM Much like the "Mystery Rider" program, the LSF Shuttle Mystery Caller program takes advantage of our existing resources to provide a third -party evaluation of the services provided by a local LSF Shuttle office. Under this program, seasoned and experienced call center supervisors and staff from our Los Angeles headquarters place anonymous calls to the field call center and evaluate our procedures and call center agent performance. Much like a "secret shopper" program, managers, supervisors, and call center staff make anonymous calls for reservations and scheduling requests, lost and found, request information on their ride, and other routine call center requests. Agents are formally evaluated on their ability to empathize with the caller, efficiency in handling common requests, customer services, and adherence to standard policies. Using a standard checklist, the LSF Shuttle Mystery Callers document and report their findings to the local LSF Shuttle General Manager, who will compile the findings and report quarterly to City operations staff and LSF Shuttle management. Any deficiencies in the agent's performance will be immediately addressed by the management and supervisory team, and any accolades for "above and beyond" service will be recognized. Because LSF Shuttle provides this unique program using existing internal resources, the (Mystery Caller Program is included in our proposal at no cost to the City. CUSTOMER SERVICE PLEDGE • Every LSF Shuttle vehicle operator will post a large format (8 M." by 11") employee identification photo in a prominent place in the. vehicle. More than just an ID badge, this professional, high quality photograph will feature a smiling vehicle operator that will offer a positive welcome to all riders. Along with the photo, the vehicle operator's name and ID number will be prominently displayed for easy identification, arid each driver will be responsible for ensuring their picture is displayed in the bus before they start their assigned shift. Along with this important picture, each vehicle will.also prominently display both the LSF Shuttle toll -free customer service hotline telephone number, and our website contact information, This will ensure that riders have every opportunity to provide LSF Shuttle and City staff with their feedback. The third and final posting on the interior of every Miami Trolley Services vehicle is the LSF Shuttle Customer Service Pledge. This pledge, signed by both the vehicle operator and our Operations Manager, is displayed in every vehicle to affirm for both the rider and the operator, our company's commitment to providing the best possible customer service -to every passenger. 51 I promise to transport you safely and comfortably. I will do my best to make your experience as pleasant and convenient as possible. 6.5 SAFETY PROGRAM Safety is the most important commitment we make to the communities in which we operate service. It is our companywide belief, from the CEO to the newest frontline employee, that Safety is Every Employee's 41 Priority. With that in mind, LSF Shuttle has developed its proprietary SEEa1 safety culture to ensure that our passengers and customers experience only safe transit operations. The Operations Manager, Rene Breton, is directly responsible for ensuring that operations at the M iarni Terminal are in full compliance with this culture. SAFETY IS EVERY EMPLOYEE'S a.1 RESPONSIBILITY (SEE 7) No matter how courteous the driver; how timely the service, or how clean the vehicle, unless the transit operation is safe, and all our employees SEE#`l, then all of our other efforts are wasted. Safe -operation of the vehicle is what our passengers expect from us. Confidence in the ability of our services to operate without incident promotes the continued success of the system and encourages public support for the service we provide. SAFETY PLAN LSF Shuttle has developed a comprehensive Safety Plan. One of the main priorities of the Safety Plan is to teach employees how to maintain attention to detail and develop good operational habits. These two attributes are critical in preventing accidents and maintaining our excellent safety record, The Safety Plan contains basic information and training on our overall safety program elements including: • Equipment and Facility Inspections a Safety Training and Instruction Monitoring of Employees • Accident Reporting & Investigation e Safety Meetings ® Driver Performance Evaluation 52 • Safety incentive Program e Driver Qualifications 6 Applications • Interviews • Screening 6 Pre -Employment Testing 6 Probationary Period • Driver Training • New & Refresher Training SAFETY COMMITTEE In line with our recently enhanced safety organization and programs, LSF Shuttle will implement a Safety Committee at the Miami Trolley operating location to meet regularly for the purpose of proactively reducing accidents and injuries. The Safety Committee will be comprised of at least four (4) members, and may include the Operations/Maintenance Manager, Operators, and Maintenance or Dispatch personnel. The General Manager will serve as the Committee Chair and the remaining Committee members will be chosen based on their safety record, attendance record, safety knowledge, leadership skills, overall safety attitude and willingness to help and contribute to the activities of the committee. The Safety Committees will be responsible for reviewing all accidents and injuries on a monthly basis (minimum, or as required,) with the COO and Senior Vice President, Safety and Risk Management. The main purpose of the Safety Committees is to: C Review motor vehicle accidents and work —related injuries/illnesses and determine primaryor root cause as well as secondary or associated factors. • Identify preventative measures and recommend solutions to prevent accident and injury recurrences. 6 Conduct regular safety inspections of the facility and identify any physical hazards. • Detect and eliminate unsafe conditions or practices not in compliance with the LSF Shuttle safety Policies and Procedures. • Promote safety awareness and Employee involvement through incentive programs, safety communication programs, and recognition of safety accomplishments. • Solicit feedback and suggestions from Employees. • Make safety recommendations to management regarding preventative and corrective actions. Look AheadTM Look Around.' SAFETY RECOGNITION PROGRAMS To support our safety culture, LSF Shuttle will enact the following recognition program for our operators to recognize and encourage safe behavior and attitudes. These recognition programs change and mature overtime, so that each individual award provides a .means to improveour attention to detail and focus on.Safety as Every Employees responsibility (SEE441). ..,.,.:.,_ • • 'Driver of the Month Program l6 Recognizes Operators who are without accidents and"br injuries, and have an -outstanding working record fo the month. 53 ▪ Each winner receives a certificate, recognition during o.ur monthly safety meeting, and automatic entry into the Driver of The Year competition. • Driver Milestones Program • Recognizes Operators who are without accidents and or injuries over specific time periods, rewarding long standing safe behavior. • Drivers receive award for 3 months, 6 months, 1 Year, 3 Year up to 20 year safe operations. • Rewards include gift cards (or other financial incentives) public recognition, uniform pins, patches, and jackets. 6 Driver of the Year • Every Driver of the Month recipient is entered in the pool for selection as Driver of the Year at our annual Safety Recognition program. ▪ The selected Operator is one who stands "Head and Shoulders" above the rest and selection requires unanimous agreement of the General Manager, Operations Manager, and Safety Manager. 6 Selection of Driver of the Year is made in January for the previous year. REGULATORY COMPLIANCE LSF Shuttle and our family of companies have extensive experience providing transit and paratransit services to the public. As a professional and experienced operator, we know the importance of maintaining our qualifications and legal ability to operate within the State of Washington. We also know the many benefits of maintaining strict regulatory, safety, arid legal compliance. As a fully qualified transportation provider, LSF Shuttle maintains complete compliance with all regulatory agencies and regulations affecting our operations. From initial driver recruitment, through to delivery of services to our riders, we make sure that our operations not only comply with, but exceed, acceptable legal standards. Compliance with the many regulatory agencies and regulations that apply to the commercial transportation industry requires constant attention and dedication form our local and corporate staff. LSF Shuttle supports our local transportation operations, supervisors and managers with direct assistance from our corporate and regional offices. We maintain an extensive ;Human Resources staff and compliance program under direction of Pat Gaudin, our Senior Vice President of Human Resources.. In addition, Drew Jones, our Director of Safety, Training and Regulatory Compliance supports field locations with direct assistance completing common documentation and implementation of standard programs and policies. Likewise, Natasha Russ, our East Region Director of Human Resources, ensures that all local staff have the most current and effective resources for driver recruitment, qualification and training. 6.6 DRUG AND ALCOHOL TESTING LSF Shuttle is fully committed to providing consistently safe and high quality service by ensuring a drug and alcohol free workplace. The use of drugs and/or alcohol represents a serious threat to the safety of transportation services. As part of our dedication to safety, LSF Shuttle maintains and enforces an aggressive drug and alcohol testing program. Provided for your review in the Appendix, our policy is in compliance with the Omnibus Transportation Employee Testing Act of 1991, the Department of Transportation (DOT), and the Federal Transit Administration (FTA) Regulations Lka.;.. (49 CFR Parts 4D and 6541These regulations require•that drug. and: a.feolio'I:testing be:perfomed, on ell employees: who', perform safety -sensitive functions and the regulations protect both'th'e'employee and theintegnty-of the drug and alcohol, testing process, while safeguarding the validity of test. results;; and, ensuring that•res,ults are- attributed to -the • correct employee. •Any applicant with a positive pre -employment drug test, orw.b.o.refuses.totest, is considered ineligible for employment with any LSF Shuttle' company, Our comprehensive program covers not only pre -employment screening 54 as mandated by FTA regulations, but also includes testing at random, post-accident„return to duty, and reasonable suspicion conditions. Our Substance Abuse Policy covers the following critical elements: a Covered Employees • All Safety Sensitive Positions • Prohibited Conduct c Alcohol Use • Drugs Use e Testing a Drugs a Alcohol • Pre -Employment • Reasonable Suspicion a Follow -Up • Returning to Work Procedures • Medical Review Officer a Substance Abuse Professional 4 Lab Testing a Consequences o Training a Retention of Records ® Access to Records . m Record Retention Standards a Post -Accident e Designated Employer Representative a Random a Management information Systems • Return -To -Duty 6.7 PREVENTATIVE MAINTENANCE POLICY AND PROGRAM Preventive Maintenance Inspections (PMI) are the foundation of a comprehensive and effective vehicle maintenance program. The PMI process is designed to protect the capital investment in the fleet, ensure fleet availability, and maintain safe operating conditions. First and foremost in planning all maintenance activities is the availability of. vehicles to meet service requirements. In particular, L5F Shuttle performs the majority of PM inspections when there is the least impact to operations. Our goal is to have vehicles in service during peak hours of operation. 6.8 PARTS AND WAREHOUSING As part of our dedication to providing maximum service reliability, LSF Shuttle is committed to using only the best quality parts for service vehicles. By making every effort to use only Original Equipment Manufacturers (OEM) quality parts, and meeting or exceeding all OEM recorimmendations for both repair procedures and parts, we help to ensure that buses remain in revenue service, providing maximum reliability for passengers. In addition, LSF Shuttle maintains a secure and robust inventory or parts et our local terminals so as to ensure that routine parts and supplies are readily available to meet the needs of PMI and repair schedules, minimizing maintenance down -time. Typical parts inventory levels are held at a three-week supply level, and all parts are stored under secure lockup, including tires and consumables. Parts inventories are physically counted and verified at least once a year. Parts inventories and usage is tracked in our CollectiveFleet Pro system for accurate reporting and accounting of all parts used as well as trend analysis reporting. LSF Shuttle maintains active and healthy relationships with a vast network of vendors and suppliers to provide the parts needed to maintain our vehicles. Through both local and national account vendors, LSF Shuttle provides local operating terminals with extensive options to, procure the best quality parts and the best possible prices. Our network includes many Disadvantaged Business Enterprise (DBE) vendott, and,;we.pro.mote_use•:of:DBE.. venders:across.our.,.;.; company operations: Examples of.key suppliers include Interstate Batte'nes, Creative.Bu"s"Sales, FactoryMo4.or Parts; San Leandro Ford; Cummins, -and Thermo King. 55 6.9 ADDITIONAL PROCEDURES AND VALUE-ADDED SERVICES LSF Shuttle offers the following additional procedures and value-added services to the City of Miami. STAFFING PLAN The Operations Manager will lead a team of qualified local operations staff. Throughout the transition and ongoing operations, our goal will be always to provide the City and riders with the highest quality staff, period. The table below represents our complete plan for staffing the Miami Trolley Services, from project management to front line staffing. The table includes typical job duties and full-time equivalent (FTE) assignments for all the categories of staff needed to successfully operate the services. Overtime, the staffing needs of the Miami Trolley Services may change due to service changes, operational conditions and funding cha!lenges. In partnership with our customers, LSF Shuttle management reviews these conditions regularly, and makes changes to staffing levels as needed to maintain exemplary customer service. as well as efficient and effective transportation operations. Oi le, r :; .`.._ ' s i 0) - .. 06Sta ijiities, atAANIMIZiK- : Operations Manager Mr. Rene_ Breton S FTE The Operations Manager is responsible for providing transportation operations with high on -time performance and excellent service to customers. He selects and manages all operations staff, monitors performance and works aggressively to identify and solve problems. As a leader of front line staff, he is a real people person and focused on delivery of excellent service for our customer. The Operations Manager provides direct supervision of transportation operations, including directing day-to-day operations, staff scheduling, regulatory compliance, and quality assurance. As the primary leader of service, the Operations Manager plays a key role in successful delivery of transportation services. The Operations Manager is responsible for all efforts to ensure the safe delivery of passenger service, training requirements and annual training needs. To follow-up on procedures and process for ADA compliance, medical testing, CDL certification and all other safety standards for the facility and passengers, Liaison with corporate Senior Vice President of Safety and Risk Management, Maintenance Technician Mr. Charles Reeves 1 FTE The Maintenance Technician provides supervision of the total vehicle maintenance program for the Trolleys, including compliance with our preventive maintenance program, regulatory compliance, routine and specialized vehicle repairs, and quality assurance. Performs hands-on vehicle maintenance and repairs of Trolley vehicles, performs PfVlIs, routine repairs, and parts,removal and replacement. .Vehicle Operators 29 FTE Vehicle Operators are the "face" of LSF Shuttle and the City of Miami to our riders. Many times they are the only person e rider will ever see or talk to personally. A driver's responsibility is -to operate vehicles on pre -assigned routes and provide a safe, comfortable and on -time trip to riders.. Their focus is to provide every passenger with a safe and happy experience. WAGES AND BENEFITS In.the following.tablew.e:presen.t:ouc:pIan.for.,thewages and benefits provided to our staff operating.the-Miami T,rolley::; : Services, Wages and benefits,which reflect the Miami Dade Livlhg \Nage Ordinanee, are adjustedovertimeto • changescin market conditions, individual performance and contractleo"nditlons :c • ?}- 56 Operations Manager Maintenance Technician Vehicle Operators $65,000 to $80,000 ✓ $17.00 per hour ✓ $11.50 per hour ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ EMPLOYEE SCREENING AND HIRING • Within the passenger transportation industry, LSF Shuttle has positioned itself as the "Employer of Choice." Our attention to employee welfare and valuing the contribution of our employees to our overall success are just two of 'the many ways that LSF Shuttle ensures we attract the best employees, In this section of the proposal, we describe the various programs used by LSF Shuttle to maintain a stable, effective, and high quality workforce to provide our customers with the best trolley services possible. AVESTA CANDIDATECARE WORKFORCE DEVELOPMENT PROGRAM - The Avesta CandidateCare Workforce Development Program is designed to support the LSF Shuttle Human Resource effort through a comprehensive recruitment, selection and hiring program. Avesta combines best -in -class technology, Human Resource process support and collaboration by specialists in the behavioral and industrial sciences into a standardized format .and e standardized scoring system to rate and track applicants. Specifically, Avesta produces talent management and workforce development solutions through custom materials and management tools. This value added feature is provided at no cost to the City. The CandidateCare program is designed specifically to assess transportation industry staffing, including drivers, dispatchers, office staff, and transit supervisors/managers. It begins with a series of assessment tools (hurdles) designed to screen -out unfit applicants. The individual steps, or hurdles include: • Customized Career -board and online Applicant Tracking System • Organizational and job related on-line Pre-screen surveys (pass/fail knock -out questions) User and.administrative portals-for.:customized Job-board~postings aid.5fatiis:dashboard,'onaine'employiiie.nt • aPplication;re-em to mentforms, digital signature technolo Yand metncs Lrackmn database • Fully customized and autornated candidate status update; selection and rejection e-mails " • Constructva.lid competency assessments (to be verified through job analysis), measuring validated paratransit comp etelices that:include: Adaptability;mnce;toseintiousi a`ss;"Custoirier Pocus, "" Response to Stress, Safety Orientation and Teamwork " 0 a.4x..2FiEgt E rrf-• 3 ter- : aa T3k� 57 • Validated•paratransitjob-specific structured employment interview (with•behaviorally-anchored items and online scoring template) • Online skills based assessments including; Numerical Ability, Reading Comprehension and the Ability to Follow 'Directions • Hiring and performance metrics management platform • EEO data collection and reporting MINIMUM VEHICLE OPERATOR QUALIFICATIONS Equally important to attracting a qualified pool of applicants is making the right hiring decision. Sound decisions rely on well-defined description of job duties, acceptable hiring standards, selection criteria that identify the best, and a strict adherence to the process which makes it all work. Our screening process starts with the basic hiring standards: a An accurate and valid application • Minimum, five years of driving experience • Minimum, 50,000 miles driving experience in the US • Minimum, 25 years of age • Successfully pass a U.S. Department of Transportation physical examination. • Successfully pass a drug and alcohol screen • Have the ability to obtain the special permits and endorsements • Possess a Commercial Drivers License • Have sufficient command of the English language • 10 Year Motor Vehicle Record History e No record of DUI or DWI s No felony, narcotics, drug/alcohol, moral turpitude convictions • No conviction of reckless driving or speed contest • Background check: satisfactory appraisal from prior employers, at a minimum, or verifiable references from past three employers, or last five years of employment ONGOING MONITORING OF CREDENTIALS Prior to hiring, all employees are required to undergo a ten year nationwide criminal background check and provide a current motor vehicle record report which documents at least five years driving history. LSF Shuttle follows up on all findings documented in these reports, and documents corrective action and hiring decisions in employee files as appropriate. However, even the most stringent of pre -employment screening measures will be ineffective, unless they are • ••.••monitored and updated on an ongoing basis..LSF Shuttle performs both backgroupd::checks.:and imotor:vehicle.•record... it':. -reports annually for all current employees. In addition, we track dnver"credentials through routine standard reportlng ti-ii:,. practices;:and:verify all,driver credentials daily.through.our window dispatch;,process,•,including',d, r,•iver;•possession••of.thei.al„, • - appropriate commercialdrivers license; current medical certificate, and other credentials as required. • 58 • EMPLOYEE RETENTION We believe employee retention is a byproduct of a well -run organization providing exemplary service. This list is a sample of what we do to retain employees: b Studies show that people stay in a job where they are successful, and .like their manager. We grade our managers on their ability to keep good employees. • Dispatchers manage people, and employees stay when we have a good dispatcher; we concentrate on this. • Fair Treatment: Managers who are fair while requiring high standards are appreciated by employees and they like this work environment. Keep.High Quality Employees: Another way to say this is we remove those who are not producing. All hard working employees appreciate a management team that removes those who are not up to standards (i.e, always late, cause complaints, not safe). • Pay market wages: We always pay average or'above average wages, • Benefits: Health Insurance is most critical and we also provide vision, dental, vacation and 401k savings. Good Training: Employees who are successful enjoy their job and stay there. We provide the tools for our employees to be successful, • Esprit Decor: Employees stay where they believe they are accomplishing a critical mission, We operate on -time and employees understand this goa accomplishments. • Appreciation: We have employee recognition plans for safety and dedicated service. E Flexible Work Schedules: we work with our employees and adjust schedules if at all possible, • Family Atmosphere: our managers truly value our employees, and they appreciate that. and our Today, due to current economic conditions, there is an abundance of available employees in most areas. However, even when unemployment is relatively low, LSF Shuttle has been able to hire and keep good employees because of our best practices and our customer service focus. In fact, in our most recent similar -sized Start-ups'from a prior contractor in Collier County, Florida and in Pomona, CA, LSF Shuttle was successful in retaining 100% of the previous workforce (more than 90 individuals at both sites). HUMAN RESOURCES COMPLIANCE LSF Shuttle is fully committed to being the employer of choice for transportation professionals. Company policy prohibits discrimination based on race, color, religion, creed, national origin or ancestry, age, gender, sexual orientation, veteran status, genetic information or characteristics, medical condition, physical or mental disability, or any other consideration made unlawful by federal, state or local laws. We maintain strict compliance with all federal and state employment laws. At a minimum, compliance includes the following: • Federal Civil Rights Act of 1964 • Federal Immigration and Nationality Act Americans with Disabilities Act of 1990 • Equal Employment 'Opportunity ConimissionRegulations r. 59 EQUAL EMPLOYMENT OPPORTUNITY Equal Employment Opportunity has been, and will continue to be, a fundamental principle at LSF Shuttle and all affiliated companies, where employment is based upon merit. We want to have the best available persons in every job. This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination, and all other terms and conditions of employment. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with disabilities, LSF Shuttle makes reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result. Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact the Human Resources department and request such an accommodation. The individual with the disability should specify what accommodation he or she needs to perform the job. LSF Shuttle staff will conduct an investigation to identify the barriers that make it difficult for the applicant or employee to have an equal opportunity to perform his or her job, and will identify possible accommodations, if any, that will help eliminate the limitation. If the accommodation is reasonable and will not impose an undue hardship, LSF Shuttle will make the accommodation. HARASSMENT POLICY LSF Shuttle is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment, Therefore, LSF Shuttle expects that all relationships among persons in.the workplace be business -like and free of bias, prejudice, and unlawful harassment. Our company stands firm on the belief that everyone employed provides value to our business and will always be a key factor in our success as an organization. To that end, we have adopted an Open Door Policy in order to further demonstrate the value we place on our staff, This means that every Manager's door is open to every employee. The purpose of the Open Door Policy is to encourage open communication, feedback, and discussion about any matter of importance to our employees. The Company's Open Door Policy means that employees are free to talk with any Manager at any time. Each member of management is responsible for creating an atmosphere free of discrimination. Further, employees are responsible for respecting the rights of their co-workers, clients, consumers, and vendors. A Manager or Supervisor has the responsibility to address the concern and help our staff members understand workplace practices, processes, and business decisions. If an employee does not feel comfortable discussing his or her issue with their immediate Supervisor, the Open Door Policy allows an employee to discuss an issue or concern with the next level or Management and/or Human Resources directly. All Mahagers and Supervisors shall be willing to listen to any workplace concerns and help with resolution or clarification. EMPLOYEE HANDBOOK The Employee Handbook applies to all employees of the Tectrans family of companies. It provides a guide for all employees of LSF Shuttle in implementing basic Human Resources policies, such as Equal Employment practices, Open Door policy, and others. When combined with the additional policy statements, these documents form our core guidelines for performing daily tasks and achieving common goals for every employee from management to front line staff. The Employee Handbook covers all basic employment informatioh, and describes our universal policies and practices. The handbook is designed to provide "our employees with informa"tio'rf;'a'bout'the policies';and the'behefits 'organization, In addition to these standard policies, the handbook is customized for each terminal operation'to reflect the specific intlividual operating conditions of the terminal, including adherence to union requirements and collective bargaining agreements, physical conditions of each terminal, and the operational needs of the clients we serve. While the complete Employee Handbook is provided for your review in the Appendix at the end of this proposal, the handbook covers the following Important policies and procedures: • Employment • At -Will. Employment • Equal Employment Opportunity • Eligibility Requirements • Background Checks • Human Resources Records • Compensation • Pay Schedules • Work Week Definition • Overtime/Non-Exempt Status • . Transfers and Promotions • Quality Statement • Open Door • Bullying • Nepotism • Non -Discrimination • Anti -Harassment • Attendance • Dress Code • Personal Appearance • Hygiene • Employee Conduct • Hours of Work • Corrective Action • Attendance and Punctuality • Job Abandonment • Hours • Violence in the Workplace • Meal and Rest Periods • Weapons in the Workplace • Time Off • Confidential Information • Paid Time Off • Holidays • Bereavement Leave • Jury Duty • Military Leave • Religious Observances • Family Medical Leave • Use of Computers and Equipment • Email and Internet Use • Voice Mail Use • Personal Phone Calls • Solicitation and distribution • Smoke Free/Tobacco Free • Substance Abuse • Pregnancy Leave • Safety Policy • State Disability Insurance • Injuries • Paid Family Leave • Accidents • Leave of Absence • Emergencies • School Leave • Security Policies • Time off for Victims • Lactation Accommodation • Employee Benefits • Medical Benefits • Dental Benefits • Changes'to Benefits, —a---'°Worker's Compensation • On-The-Job:Policies •r Business Ethics • Professional Conduct • Guests and Visitors • Children and Pets • Company Property • Theft and Vandalism • ..investigations and Searches • Emergency/Crisis Communications. • • Facihtres.Folicy • Clean Workplace • 61 ▪ Financial Policy • Travel and Expenses Training and Seminars • Leaving the Company • Resignation/Termination Procedures O Post Separation Procedures G Reduction in Force OPERATIONS AND MAINTENANCE FACILITY LSF Shuttle has identified an ideal operating location. for the Miami Trolley Services. Located at 2595 N.W. 38th Street in Miami, this property is specially suited for operation of trolley vehicles. With a large paved lot, this security fenced, lighted, and gated location offers the advantage of a central location with easy and quick access to main arterial and express roadways for low deadhead time and mileage on the Miami Trolley Services, The property is located conveniently in the Miami Trolley service area. This facility is suitably equipped for driver supervision and management operations, and a large fenced yard for parking. Secured with fencing and lighting around the perimeter of the property, a gated entry and a paved or graveled parking lot for both employee and Miami Trolley vehicles, the location has sufficient room for vehicle maneuverability for both pull in and pull out, and offers a secure location for the Miami Trolley vehicle fleet. DATA COLLECTION AND REPORTING Monthly, weekly, and daily management reports will be prepared, reviewed and submitted by our Operations Manager, Rene Breton. Each report will be reviewed to ensure completeness, accuracy, ease of data collection and, if possible, will be submitted electronically. Reporting will include basic standard reports currently in use by the City today as well as any additional reports that LSF Shuttle and City staff determine arenecessary to enhance the transportation services. Daily Incident Reports, Monthly Incident Reports, Overall Safety Compliance Reports, and other operational measurement reports will be developed and customized in keeping with accepted transit industry standards and City requests. All reported incidents which are of an emergency nature or considered a media -worthy event, shall receive elevated attention and response from our staff. These incidents will be pre -defined and recognized for immediate notification via an emergency distribution list, with specific responsibilities for follow-up and communication, to ensure the correct action is taken during the critical moments of such an event, and to ensure that all parties understand the nature of the event and response. SERVICE REPORTING AND NATIONAL TRANSIT DATABASE The ability to measure operating proficiency requires information from many different sources. How that information is processed, analyzed, and acted upon is of critical importance in being able to provide safe, efficient, reliable transit service and in providing information for report generation, NTD reporting and performance evaluations. Management information is the function that provides management with the necessary information to plan, operate, and administer the transit organization. Specific management reporting activities include: Incorporating, in the management information system, the capability to collect data on performance and measure progress toward established goals; ;.=Y sr;°:::::c ;:rr,:<;: •_..�_;:: :_.:..,:.::...,.., .. • Accumulating data from various sources; • e Processing data for presentation in reports; • Preparing reports. which show planned results and actual accomplishments; ® Distributing reports to responsible individuals; and , Obtaining feedback for explanation of variances and actions taken - 62 , LSF Shuttle believes that well designed management reports are an essential component of both internal and external communication in a transit system. As such, LSF Shuttle utilizes a group of reports that meet these communication objectives for the City. Each type of report is presented below along with the required parameters: data to be compiled, method of data manipulation and compilation, and reports/report frequency. Method: P � nt lam n dat ....5 Database organization with electronic tracking qe rvts as)a n dp d i sp af_ npuYtq h V..Mcgetdatatiaa sn Quarterly.PassengerCo_' Method: ee e ngerboardmslings gs ..d,t..Osr::v y. wily eratrt for; Manual compilation from operator manifests Repo; mmatom sub tli�bdtI `tom l�Nationat TrarisdDatabas • uPpEd�a�n�dc�nsumd�='re�?b.3_ n=, Method: Random selection of vehicle method using Form C.2710.2A i!ReVIZA ire".tl'byt% 55 LSF Shuttle successfully compiles this information regularly for transit systems and will do so for the City's responsibility for reporting to the FTA. Daily statistics and financial data will be maintained in our computerized operating systems to ensure that demand -response financial and operating statistics will be segregated to ensure an accurate reflection of Section 5307 eligible reimbursable items and expenses, including: o F-30 Operating Expenses - Electronic • A-30 Revenue Vehicle Inventory— Electronic o S-10 Service non -Rail for Passenger Mile calculations — Electronic a R-20 Maintenance Performance — Electronic and KPI driven `htchiand SUperwsion iieca 5*? h�i• _ Method: ❑ous eleinentselated toservic de'Ir Computerized Reservations and Scheduling Reppr�ts� � DaltANVAs Reporta---r Multiple records will be=:generated throughout the service day; which will help control and improve the delivery of service. The primary categorie's include dispatch log, radio record.and service control information; supervisory reedits of service and operator performance, conditions, accidents/incidents, discipline and commendations, and payroll exceptions. This information is summa rized by the Supervisor/Dispatch'er;'wh'o'incorporafe"s i't°int'o their"respecfive" '' Daily Operations.Reports (DOR) for management and staff review daily, Hard copies of original data items are retained. 63 a iy: 3 s SarOtro d7ra Windows -based PC Software Most of this information will be retained in operator/employee permanent hard copy records that are managed by the management staff. Accident files will be maintained within the Safety Department. KEY PERFORMANCE INDICATOR (KPI) TRACKING LSE Shuttle maintains a standard Policy and Procedure for all of our transportation operations that includes collection and reporting of standard operating statistics, These reports are used for our internal reporting and service monitoring tracking of Key Performance Indicators (KPIs), and these reports are provided to our customers as a direct report and back-up documentation for the customer invoice. These Microsoft Excel -based reports contain the KPI standards our management and staff use to track performance, and are customized for each contacted service to reflect the needs of the particular customer, service type, geographic area, or ridership needs. A representative sample of our Microsoft Excel -based reporting package is provided on the following pages. Manitenance Cost per Mile 60.45 50.40 i� 5u.30 50.01 _-- 50.20 50.15 50,10 1 50.05 J --6--0u5C10,/, Actu61 CPt. 6udpet d1- - 4° 10 2.9 .Accidents/WOK by Service Line .n___.___.__ __. .._.. . _ _____µ.._ H'T 1 1 Cb 54 pC• .�i. o^Le .t�� < F d'" I u103Au?. Se!^ i 1 t:o.. I De - --_IEc6' t "" , 09 IIur�06JI 01 i 09 lo:i-C W 1 09 Jam6pi 60s Op5Alli 1.8 i 15 2,5 l 1.: 1 ':s j 1.0 11,9 1 2.0 1.5 i 2.1 1 21 •+4.-1oo1 Cps Ac:ij 05 02 1 0.2 1 0.2 i 02 1 0A 1 0.3�10 , 0.6 i "=-'Tirgxl I 1.6 1 '1.6 l.c 1.6 1 1.6 1 1.6 1 2.6 i 1.6 • 1.6 18 i 1:6 Ln i START-UP PLAN Fleet Utilization by Service Line 36.0r.' 8:00 .- 72.63. , : bun{N:.Iu603 AW. 1 "' 0[I{M; •ApAe: i as,i 09 D9 j 1 DS 1 W 30 -]0 - -a-firs 0[05[6194.704.162.84160,05i81 11181.43.163.9416?.86162,5v 62.3::193.951I93.211:62.2:i� j-c-taxi Oat Ace 1E16!L162 E.%I40.16j79.54i06A5:166.651111.951;4.15:iE2.611160.3c1112E.]'.:,44,,95!, ..-...-...�__...i.- _.......,.-__..i '6IEZ.OkiE2.Ori;82.2.0%I42.095A`: 62.i 62d.f jCL C2.Ok;62:0k182.0%62.0}� In'the following section, we•present the major components of our Start-up plan for the Miami Trolley Services; Major ._components include our successful Start-up experience, our Start-up Team concept, our Start-up communication strategies, and our. workforce Start-up plan. 1. 64 SUCCESSFUL START-UP AND TRANSITION EXPERIENCE Our Start-up strategy has been a success for service start-ups throughout our service areas, including those described below and numerous other recent projects. M1AMI INTERNATIONAL AIRPORT RENTAL CAR SHUTTLE Our Start-up strategies and team approach were recently used to start up the consolidated Rental Car Shuttle Service at Miami International Airport. In January of 2010, LSF Shuttle was awarded the contract to operate the Miami International Airport's (MIA) Rental Car Shuttle (RAC). The challenge of this Start-up was consolidating 16 independent rental car fleets and drivers into one system operating on a single route. The fleet, which totaled over 100 vehicles, needed to be reduced to 70 for the consolidated service. The entire fleet was inspected and the, most similar vehicles in the best condition were selected by our team to operate the new service. Over a period of 60 days, each and every vehicle was refurbished to include new seating, paint, mechanical repairs and decals for the new shuttle service. The vehicles remained in service with each existing rental company until midnight on the day of Start-up, so our refurbishing plan was implemented interruption of the existing service. The driver staff (125), dispatch staff (5), customer service representatives (15) and technicians(8) were hired and trained in the last 30 days prior to hand over. Afacility was secured and outfitted including office andmaintenance shop in the last 30 days prior to hand over. During the two weeks preceding the hand over, corporate support staff and our local management and operations team worked diligently to finalize preparations for the midnight Start-up. At 12:01 on July 13th, 2010 LSF Shuttle began full operation of the RAC service, as 70 vehicles and 125 drivers became part of the L5F Shuttle team. As a reward for the planning and effort of our Start-up Team, service operated continuously through the stroke of midnight, and travelers were seamlessly transported to the new consolidated rental car facility on its first day of operation with zero complaints. COLLIER AREA TRANSIT (NAPLESS FL) On October 1, 2010, Tectrans/LSF Shuttle successfully assumed management control for the entire Collier Area Transit (CAT) and Paratransit operation from the County's previous contractor, with a transition of only 17 days, Due to the timing of the final approvals in mid -September, the 'County was faced with the challenge of entrusting the transition to Tectrans in an extremely constrained timeframe. Even though the procurement process managed by the County had included a transition timeline of a minimum of 60 days, Tectrans rose to the challenge. All operational and support departments of the company were involved in the accelerated timeline, making the midnight handover of control seamless and silent, Tectrans was able to hire 100% of the previous contractor's workforce, including all required drug testing and background checks, The morning pull-out on 10-01-10 was flawless and the ridership was not aware of any change in control and there were zero service complaints. The Tectrans transition team alongside staff from Collier Area Transit on the morning of the contract turnover. CITY OF MARGATE (FL) FIXED -ROUTE CONVERSION Also on October 1, 2010, LSF Shuttle started up the operation of four shuttle routes for the City of Margate that had previously.been operated by in-house•staff. Since the inception ofLSF.Shuttle's service,.there'has .not been a single • . r., • complaintreceived.and the client continues to be pleased with'theservices provided by LSF Shuttle; ' "- 'POMONA VALLEY TRANSPORTATION AUTHORITY (PVTA) PARATRANSIT : The start-up-df,paratransitserJices-for the PVTA'in December 2010 iridluded the impleimentation-oftectrans' "Mobile Knowledge XDS Dispatch application" on 30 paratransit buses owned•bythe Authority. Previously the PVTA'and its contractor relied solely on manual dispatch functions without the aid of any in -vehicle technology. Tectrans' experience with Mobile Kriov✓ledge XDS in -Vehicle and back-officetechnologies as deployed in Tectrans' 400+taxi fleet allowed us to leverage proven technologies and strategically apply them for the first time in a paratransit bus . operation. The project now benefits from route -optimized dispatching via automated on -board Mobile Data Terminals (MDTs) by way of Cellular Data networks, Aside from the automated MDT dispatching, which significantly reduced driver voice traffic to the dispatch office, the project also benefits frorn GPS (Global Positioning System) data allowing conclusive trip auditing, route "bread crumbing," and streamlined data capture for the National Transit Database (NTD) reporting requirements. In combination with other strategically employed technologies such as SmartDrive' , Zonar'', this sophisticated approach yields dramatic savings brought on through streamlined efficiencies and a more interactive monitoring of the vehicle via Tectrans' PVTA back office staff. Tectrans also rolled outa more process -driven approach to PVTA's Rider Registration and Rider ID Card systems via the programming of a Microsoft SQL Relational Database that allows programmatic tracking of application, enrollment and eligibility of the program's rider base at large via.Tectrans.' SSL-Secured Internet Rider Registration sites and the implementation of a "Rider ID Card Printing System." Despite the numerous new technologies applied on behalf of PVTA, as well as near torrential rains the week of the transition, the Tectrans start-up of service was silent to the passengers who provided no complaints and continue to be satisfied with Tectrans' service. CITY OF MONROVIA (CA) DIAL -A -RIDE AND TROLLEY Tectrans was awarded a new contract to manage, operate and maintain the City of Monrovia's seven -vehicle General Public Dial -a -Ride system —commonly known as Monrovia Transit — and the City's two -vehicle Trolley system. Operations commenced November 1, 2010 from a newly opened Tectrans operations terminal located in the City of Monrovia. The transition of service from the previous contracted was completely smooth, as evidenced by the following testimonial received from the client, Mr. Craig Jimenez, AICP, shortly after start-up: "I just wanted to let you know how pleased the City has been with the service that we have received from Tectrans in running Monrovia Transit and the trolley service. From our perspective, the transition was seamless and from the community's standpoint, invisible. Kudos to your team, especially [General Manager] Michael Klein for making our job so easyl I look forward to a long and positive relationship between Monrovia and Tectrans," MERCED COUNTY (CA) DIAL -A -RIDE PARATRANSIT Tectrans assumed management and operations of "The Bus" Dial -A -Ride in Merced County, California, on October 1, 2010, This contract start-up represented Tectrans' first operating contract in California's Central Valley, Tectrans' Merced operations are in partnership with a well known local operator, Merced Transportation Services, who holds responsibility for the County's fixed -route transit operations. Both the dial -a -ride and fixed -route operations are managed from "The Bus" facilities provided by the County. Both Tectrans and Merced Transportation Services took control of operations from the previous national contractor at midnight on the first day of the contract.;Lhe transition elicited no complaints from the 'passengers and the client was satisfied with.both companies forthe;':" : attention.to detail and application of company resources to ensure that the transition was silent. `The Tectrans transition'tearnalorig'sitle`staff from Merced Countywith one of the service vehicles. 66 NORTH Los ANGELES' COUNTY REGIONAL CENTER TRANSITION Another example of success for our transition strategy is our conversion of the North Los Angeles County Regional Center Paratransit service. The contract was awarded the last week of December 2007, and service started March 1, 2008. Using our start-up team approach, we accomplished a successful service start-up during a just over 60-day window without any disruption to client services, During this time we converted the service literally from the ground up. We established a brand new operating facility by locating, securing and out -fitting a property in Van Nuys (City of Los Angeles); specified, located, acquired and out -fitted 98 paratransit buses; recruited, qualified, hired and trained over 120 full and part time vehicle operators; negotiated a Collective Bargaining Agreement with Teamsters Local 572; and began revenue service without any delay in service start-up. SAN FRANCISCO PARATRANSIT In 2007, Tectrans formed Mobility Plus Transportation to take over and improve the SF Paratransit service, working closely with the SF MTA's broker. During the transition, we discovered and pro- actively corrected many serious issues, including: drivers had been hired on the day of application, without background or history checks; DIM Pull Notice Program, DOT Physicals, and FTA Drug & Alcohol Programs were not in place; drivers received no formal training; vehicle maintenance was undocumented and poorly performed; driver pay rates and benefits did not comply with the collective bargaining agreement. After thoroughly identifying each deficiency, Tectrans implemented an improvement plan, and addressed critical service needs in priority order. We revamped the management team; quickly negotiated and executed a new collective bargaining agreement; improved driver wages and benefits; qualified, hired, and trained new drivers; and provided additional lift equipped vehicles to meet passenger demand. As a result, within 30 days of assuming operations we achieved positive results: complaints fell from 20 per week to 8; on -time performance improved from 88% to 94%; and ridership increased from 5,400 to 6,000. START-UP TEAM Because a service transition is always challenging, LSF Shuttle is committed to provide every resource to make it as seamless and trouble free as possible for our riders.and transit customers. The key strategy we employ for a successful service start-up or service transition, is to first designate the Transition Agent (a senior LSF Shuttle managerto lead the Start-up), and then establish a Start-up team with members from every discipline in the company. Key members of the Start-up team include local project operations staff, accounting staff, human resources staff, marketing staff, information technology staff, corporate support staff, and others as needed, After pulling this inter -disciplinary group together for an initial face-to-face meeting, the Start-up Manager schedules and leads the group through a series of regular scheduled weekly meetings, from the time of award through 60 days post service start-up. Upon award of the Miami Trolley Services contract, LSF Shuttle will immediately convene our Start-up team and begin our Start-up coordination efforts. The team will be led by: Start-up Agent: m Vast' Amaro, Senior Vice President — East Bus Operations: Start-up Team Members: • Daniel Moreno, Maintenance Director • Cinch Ritter, SVP—Systems and Compliance o Drew Jones, SVP - Safety & Risk Management • Natasha Russ, Human Resources Director • Dirk Schniedermeier, Chief Technology Officer e. Allen Kimble, Controller • Susan Soh, Accounting Manager e John Busskohl - COO • Mark Levitt, Business Development • Dwight Brashear, EVP — Business Development START-UP COMM JNICATIDNS The most important part of any Start-up is the development and communication of our vision and strategy. Each transportation service that we Start-up is different. Some customers are primarily concerned with increasing ridership, others with cutting costs, and still others with better maintenance or decreased customer complaints. Many are most concerned with providing high quality uninterrupted service. LSF Shuttle makes it a point to enter each system with a unique knowledge of the issues important to that customer and community. Beyond the research completed prior to proposal submittal, LSI: Shuttle will work with City staff and constituents during the initial contract recommendation and award stages to improve our understanding of your needs. From this knowledge base, we will develop a strong vision of what needs to be done during the Start-up period. After establishing the vision for the Start-up, equally important is communicating the correct vision to the people who make the Start-up happen. This leadership falls on the Start-up Agent to provide the overall direction and communication of our vision to the Start-up Team, the project management and supervisory staff, all our employees, and even our client. We will use various methods to communicate the vision, including bulletin postings, meeting notices, agendas, and other consistent messaging opportunities. START-UP TASKS The Start-up Team will focus their energy on accomplishing the following start-up and Start-up tasks in the most comprehensive and efficient manner possible. Every start-up presents new and unique challenges, but the issues that must be resolved are generally similar to the list of tasks and timeline set forth below. We will begin the start-up process using this framework, and make adjustments to the tasks and schedule as needed, based on consultation with City staff and the specific challenges presented by the Start-up process. This timeline truly becomes a "living" document as it expands and develops during the Start-up period. NOTE: The following task list assumes a contract award in early May and a start of service in October, though we realize that the start of service is subject to the City's receipt of the Trolleys needed for this service. S .u' ? .F.{' lS�y'xy"g.`. 4t ! 'sL$'--��II :,,$. 5 .^? g ! L}y^' Y3 FR}•.� �i'3 'y S J :J" S }�rt +Fs{Pt E t �F t� 1,r.�'� ,Ls.!- rV .,ifS:. .mot, 1F }f p•� is 2±• I 1 i.d,- 3t£� rc N 1-{.- F/ es y31 �Q� d$-.ft�'-lF R•:V 1 5 to 4.�j� 4 -•�{ u54 e3 �,er. �.,J.i`i'.uY c�f�- i7A In "i. P i fir 5 3 5 �TMi FJ�i �M J46 't'FS1 g!>nfe'Eyti�2�f ',({F't aY. 3�"}T ie ,�•,�>;,�.a �`fl a�? >�n jev,z 4 ,..,,AssFpnedt�F3lae Sslxt-�i'.r:�i L➢i.'-�fYFsu,". '� Contract. ,,,_ - ,�.. _. -s� � �-.i'�����r N .- ,[r..-��`•i.. saWa.:.�a�M,1�n-1. _... &_...z-t a-...:.1�.a-... .. �:�-�i �t322 Contract Award .Ageni:y -.., i. 05/01/2011. • 05/02/2011' Notice to Proceed .,, ..Agency,.;:.... _...05/02%2011 s 05/02/2011.•:. Negotiate & Sign Contract , _: •,,. __SVP West . .05/03/2011,. __ _ 05/13/2011.... Secure•Performarice Bond' • • ' SVP West' 05/1672011 ' 05/20/2011 Bind Insurance Certificates &Endorsements SVP. West 05/16/2011 05/20/2011 Initial Coordination Meeting with Agency Staff SVP West 05/16/2011 .05/16/2011 Monthl /Bi-Weekly Meeting with Agency staff SVP West Ongoing Initial Start-up Team Meeting SVP West 05/02/2011 05/02/2011 68 .,,...,.-,..a- , s �.sx 'E5f - !, $Li '�.i` ir} ) `�^ Yt 4> ^,iS,.1.1fX.'�Y t i } 5 7 x } ; W'�41 -S St `��Y'�+^rf-• "F T'LL g ,.,,,- -C R Lid �```f(J4S 5�4 )pl r r4 �;Is.`sfa5k� gOe: 3r-, Si�e't,8�J81Ea . W i. rt....:.,x. .x -k,., :6 rc t�`+J x_,; ak. s <., :js ;��"z Yt�;. 9 :a. °;:c+ ? .. s. 1f ' '.:£iKd-.+?31� Weekly Start-up Team Meetings SVP West , Ongoing 'AM tfyfBtEq p.sn" ant , ':Ti.M4a:._ II :'MWS1 IAIRIAINENVIIOKIIVYINI Execute Lease on Operating Facility SVP West 08/15/2011 08/19/2011 Obtain Business License & Occupancy Permit SVP West 08/15/2011 08/19/2011 Obtain all Regulatory Compliance Certificates & Plans Dir Reg Comp 08/22/2011 08/26/2011 Create Storm Water Run Off Plan and Disaster Preparedness. Plan Dir Reg Comp 08/15/2011 08/26/2011 Order Utilities (water, sewer, electric, telephone, Internet) SVP West 08/15/203.1 08/19/203.1 Order and install Office Furniture SVP West 08/22/2011 08/31/2011 Order and install Network and Workstations CTO 08/22/2011 08/31/2011 Order and install Telephone PBX, PRI, and Internet CTO 08/22/2011 08/31/2011 Order and install copier/fax machine CTO 08/22/2011 08/31/2011 Move into Mukllteo Facility SVP West 08/29/2011 09/02./2011 Iluman Resour'ces�'� >Rsx�� .�-.q��.._� .'^ .�- , �-,_ t�m�.A..-�: ,�e,t. �.: �Y _�s ,, .>,, Assign General Manager SVP West 08/15/2011 08/15/2011 Assign Operations Manager SVP West 08/15/2011 08/15/2011 Assign Safety Manager SVP West 09/01/2011 09/01/2011 Assign Maintenance Manager SVP West 08/15/2011 08/15/2011 Plan informational meetings for existing staff Dir HR 08/01/2011 08/05/2011 Hold informational meetings for existing staff Dir HR 08/08/2011 08/12/2011 Interview Existing employees Dir HR 08/09/2011 08/15/2011 Qualify Existing Contractor Staff Dir HR 08/15/2011 08/19/2011 Select Existing employees PM 08/17/203.1 08/23/2011 Advertise Open Positions Dir HR 08/18/2011 08/25/2011 Hold job fair for open positions Dir HR 08/25/2011 08/27/2011 Qualify Applicants Dir HR 08/25/2011 08/31/2011 Background Checks Dir HR 08/17/2011 08/31/2011 Solicite Motor Vehicle History Records Dir HR 08/17/2011 08/31/2011 Physical Exams/Drug Screens Dir HR 08/17/2011 08/31/2011 Customize employee orientation program Dir HR 08/15/2011 08/31/2011 Conduct employee orientation sessions PM 08/18/2011 09/01/2011 Driver Training PM 09/01/2011 6/11/2011 Vehicles �,���, t _L i,. a ..: ,i-y, fin-- _:: a _ _ . ...-.�.... ..� �.-..�H_ ,.�_.._ .�.,�,�=sue.,.. t i la ,..�>.�.. x�, .�.._���_._,,�: Y kph Procure Non -Revenue Support Vehicles Dir Maint 07/18/2011 07/22/2011 Deliver Non -Revenue Support Vehicles Dir Maint 08/22/2011 08/26/2011 Coordinate Pre -Start-up Inspection for Miami Trolley Services Vehicles Dir Maint 07/11/2011 07J22/2011 Perform Pre -Start-up Inspection for Miami Trolley Services Vehicles Dir Maint 07/25/2011 07J29/2011 YehieMBlntg kecd, , ..,: .._ liti _.ik s. -._. ..lx': ' , %-iy ° . _ grig w Set Up Vendor Contracts and Accounts Dir Maint 07/06/2011 07/15/2011 Identify and Procure Parts Inventory Dir Maint 08/15/2011 08/22/2011 Create Vehicle Profiles in Collective Data .,!,.. .. ' Dir;Malnt;5;';` - :08/01/2011.: `.-`- .08/22/2011:.. Prepare and populate PM Schedules y.. .DirMaint ' , 08/08/2011 — : 08/22/2011 order forms and inspection reports for Daily Inspections.._ .:_..,. ;.Dir; Maint::,,,,;_, :08/29/2011,.::...,_ ,08/29/2011.,_.. Prepare Vehicle Files ,. .Dlr.Marnt v:; 98/22/..2011 .,:09/09/201`1:::' Order and Install Radios Dir Maint 8/29/2011 09/02/2011 Perform Initial PM Inspections . DIrsw Main..t ..... .09/05/.2011 , ;. .aps.ga 09/16/o-z20»U.E1., 1 - Oea(nstrai��� 4' i r..3-r ;4. Ix .. _ £ :. Order and Issue Uniforms PM • 08/17/2011 08/26/2011 Prepare KPI Report Template PM 08/15/2011 09/09/2011 co .Fd (t ( {Y(il; i � I � J�` l xx. h bF f l c., } KY k Il A f :�f L�. �i4f.7i•5�i -'! �S 5 �uf�'f�.�.d�"y. a+ ..Y {v y➢} .Llp, S" ! v •'• 1 1 N . AP 9 a+ .. u t tm F• a5�t .. a�} +. da y 43f- i r4Y . 'I'jh4%?:., -' -I I••s y Y ., t� y,..., j:•;ge , i PA tvzJ.+''t'd v. � j' `.c 9S ( i :.Ae7.; v +W,1Cu 1 Set Up Fuel Vendor Accounts PM 08/15/2011 08/19/2011 Implement Fuel Accounts/Locations PM 08/22/2011 08/26/2011 Order Office Supplies PM 08/22/2011 08/31/2011 Complete Operations Manual PM 08/22/2011 08/31/2011 Establish Final Driver Schedules PM 09/19/2011 09/23/2011 Perform Dry Runs on Shuttle Routes PM 09/26/2011 • 09/30/2011 Sernce Beglnsc � ,'�.:. E- ti �.i t �_ .. t Start Revenue Service PM 10/D1/2017- 10/01/2011 Transition From Start -Up Team to Operations Team SVP West 10/01/2011 10/31/2011 ' 70.' 7 COST �, . Ceti -Men Ron Statement Please quote oti. this forrn, if applicable, net prices for the. iteni(s) listed. 'Return signed original and retain a copy for your tiles.. Prices shottici ioclirde all costs, including transportation to destination, The City reserves the right CO accept or reject all or any par( of this subniissioi. Piaces should be firm for a minimum of 120 days following the -time set for closing of the submissions. in the event of errors in extension of totals, the unit prices shall govern in detennining fhc quoted. prices. \Ve (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby - certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 13-107 or Oidin.ance No. 12271. Alt exceptions to this submission. have been documented in the section below (refer to paragraph and. sectibir), 3;CLPT1ONSt We (1) oei•tiiy that any and all iti:fot:ttration contained. in this submission is true, artd tva (1) further certify that this submission is made ii%ithiiitt prior understanding,- agreement, or connection ivith. any .corporation, firm, or person subrnitting a submission for the sanie materials, supplies, ecnipnient;. or service, and is in all resliocts fair Said. without collusibri oc fittid, V+'e (1) tote (0 abide by all tornis and conditions of this solicitation and certify that .i am. gudiofiied. to sign this submission for the subinitler. Please print the following and sign your mine: SUPPLIER NAME. Limousines of South .Florida, Inc dba IrSF Shuttle ADDRESS: 3300 ct lith Averiue Fort Lauderdale NJ333i5 P11ON1?: (310)981.-9500 lrNIAJL: rlbxashea?t@tectrans.com S1GNE:D:BY _ Dwight nradheac TiTL1;:'0?:ecur:'ine vice President., Bitiiriess Development FAX (310) 901.-9501 Mobile • 13PEPFit• (310) 407-0.506 DATE: n3/2G/203.3. C1.AJ1tie. 1!7 t+4) 419 (fi*.;i}GN. AN() Rirruftril J 11is Esaarti[ i Page a of 50 Certifications Legal Name of Firm: Limousines of South Florida, Inc. dba LSF Shuttle Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Address, City, State, Zip, Phone, Fax, Email: 2595 NW 38th Street Miami, FL 33142 • Office Location: City of Miami, Miami -Dade County, or Other City of Miami Occupational License Number: See copy of license following this form Occupational License Issuing Agency: See copy of license following this form Occupational License Expiration Date: See copy of license following this form Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) yes Do you expect to create new positions in your company in the event your, company was awarded a Contract by the City? (Yes or No) • yes In the event your answer to question above is yes, how many new positions would you create to perform this work? 30 Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. • • 'Please' see the StaffingPlan, and Wa es and nenefi shies th g rn„Section 6:9'of the'Eech'nical proposal' • ..5..:t'w'��r�1.::>•nti}M t4i �R: Uu-}t`'.�'i Y ,Sxni.!w79.:ti:%r": .:Minority/Women Business Affairs Registration Status: Hispanic Female; Black or one None• Page 3 of 50 Will Subcontractor(s) be used? (Yes or No) No Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terns and Condtions) (Yes or No) Yes Service Total Contract Amount( which includes base term and renewal options): $16,367,708 Is this service contract a citywide contract? (Yes or No) yes lithe above answer is no, please indicate the name of the city (end user) deparhnent that your contract will serve: n/a Provide brief description of the project or service to be provided Full service Trolley transportation I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terns and Condtions? (Yes or No) Yes Page 4 of 50 Line: 1 Description: Cost to City Per Total Operating flour To Provide Personnel, Drivers, Insurance, Storage Security, Maintenance, and Operations (City provides fuel and, if required, the vehicle storage location). Category: 55885-00 Unit of Measure: Dollar Unit Price: S28.24 Number of Units: 1 Total: S28.24 Line: 2 Description: Optional Service: Cost to City Per total Operating Hour for Charters/Special Events utilizing Non -City Owned (proposer provided) Vehicles .as a full turnkey operation (with a three- hour minimum). Category: 55885-00 Unit of Measure: Dollar Unit Price: $49.50 Number of Units: 1 Total: S49.50 Please note that our Cost to the City Per Total Operating Hour for Charters/Special Events utilizing the City -provided vehicles would be at the same rate ($28.24) as in "Line 1," :;; Page.5. Annual Cost Per Operating Hour and Annual Totals Trolley Services for The City of Miarni (RFP 256?44) Presented by Limousines of South Florida, Inc. Year 1 Year 2 Year 3 Year 4 Year 5 Cost Per Operating Hour $ 28.24 $ 29.10 $ 29.69 $ 30.29 . $ 30.91 Annual Total $ 1,480,117 $ 1,525,115 $ 1,556,058 $ 1,587,600 $ 1,619,937 Year 6 Year 7 Year 8 Year 9 Year 10 Cost Per Operating Hour $ 31.52 $ 32.15 $ 32.80 $ 33.45 $ 34.12 Annual Total $ 1,652,336 $ 1,685,382 $ 1,719,090 $ 1,753,472 $ 1,788,541 Our Costs Per Operating Hour and Annual Totals as shown here were developed and based on service levels of 52,416 Operating Hours per Year, for fourteen (14) trolleys, as noted in Addendum 1. MIAMID'ADE,COUNTY • • TA,..COLLECTOR: , 1.40 W:F:IAGt:ERST: •.ist;FLOOR M1AfV1IPFL 33130 385057-6 BUSINESS NAME / LOCATION LIMOUSINES OF SOUTH FLORIDA 2595 NW 38 ST 33142 UNIN DADE COUNTY 2010 • LOCAL BUSfl4ESS..TFIX l3ECE1P.., y„ MIAM! DADE COUNTY STATE OF FLORf EXPIRES SEft 4 2011 R ' =MUST BE'DISPLAYED=AT PGACE OF BUSiNE PURSUANT TO COUNTY COIPE. CHAPTER THIS IS NOT A•BILL — DO NOT PAY INC OWNER LIMOU$INES.OF SOUTH FLORIDA INC Sec, Type of business 213 . PASSENGER TRANSPORTATION SERV 8 THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT..IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY `EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES 7 EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S OUAIJFICA• noes. RENEWAL RECEIPT NO, 402025-1 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO, 2: PAYMENT HSEIVEO HIAMI•DADE COUNTY TAX COLLECTOR; 07/22/2010 60030000179 000075.00 SEE OTHER SIDE EMPLOYEE'S DO NOT FORWARD LIMOUSINES OF SOUTH FLORIDA INC KAREN CAPUTO PRES 2595 NW 38 ST MIAMI FL 33142 'I, ' ,t: :tl:i ANA' Bid Bond Dbcu 'era A3 OTm 2010 CONTRACTOR: SURETY: . • (MVgrrte, legal stains and address) (Warne, legal.crri!ns and principal Bloc: TECTRANS, INC. 6053 W. Century Blvd.. Los Angeles, CA 90045 a jhnsiner.+) WESTCHESTER FIRE INSURANCE COMPANY 43D Walnut Sircet Philadelphia, PA 19105 'OWNER: tA'rme, legal swills z»21:1mktres,c) CITY OF MIAMI, FL. 444 SW Second Ave Miami, FL. 3135 30141:)AMOUNT: (52 , oo.00j'oi,sand anti aorino P oJEcT! f:\triune., lociitiou or address, arid l•'rgieet number, ii •ruzrl - Trulley Services for Ala GIly of Miami, FL This document has important legal co nsngaennes. Consultation with an attorney Is encouraged with respect to its completion or modification, Arty singular reicrenbe In Contractor; Surety, Owner or other party shall be considered plural where anuliceble. Project. N u.mber. if 1t ay: The C'ontractor and Surely are bound to the Oiviier in the amount set forth above. for lie payment of which tine. (:onit:dor acid Sillily bind their selves; Ihcir hcits executors, adn'tinisir iIos, successort, and sSii iin,,joitlily paid severally, as.pr&lided lei in.'1'ite co dilio.ns of this Bond are such that if the C)wner accepts the bid ol'the Contractor nn triti0 tale lithe specified in the bid docU:lire is ornvitlain such time period ati irtrIn' tic agreed to by !IA Ow ne:r;roil C,at:trxactor, and the Ccnnminicu.nr eil'lier (1) bitters into Et colilricl. With the Onlne:r. in accordance with the. toiinS Of shell. taut, and gives such.lnotklorbdhls Its may IA speoiiicd iti the bidding orConitact l)ocunrlenrdd; nilit ti surely ndnliued in Inc jurisdiction of the: Project and Otherwise acceptable Mille. Owner, for Ilnefiiilntill pt:rfnrnttunce Of such C'ommta ' arid Inc (Inc pn ulpt,piannteni of irlhotfindl Material furnished in the prosecution thereof: or (2) pays In Llte Ow.ner1be dil'fcicaice,:nor to cNcedd•Ilie tunonnl of lliis labial, between )Inc nniouni specified in said bi(1 and such larger ivacinat Inr ,n hndr the Clwncr may i.ii:good Chill contract with another puny to perform (lie rrerk con carat by said bid; then 'Lids -obligation shall lot hilt arid void, olliein1isc to ieniiaun tint fulj force aid effect. The Surciy hcrcbi \i'rain'cs any notice Cif an agreeu:eitt between tlto Owner and Ccnnlruclor to extend the time in nrhiclt InctOisher may accept the'biif. Wainer of notice by the Surety shallnol. apply to any e aensiou exceeding :sixty (60) fitly s in the 1gnrl0Eate lteyond line lithe for acceptance of hids specified in i:he bill dacunircnis, and the Owner mid Contractor Shall dntainllnc Sum l.'s consent .for an c(lrttSion.be'bnd.s.iSi i (013) dais. thins Bond is issilad inn corinnclio)n With a subcontractor's bid to a Ciinift nrlar. Ili6 term Ct iitrti6tor ih this Bond shall Liu ileethed to be Slilicotilrietnr oriel he Leann Owner 00.1 be declined tome Contractor. When this Bond has. been furnished lo comply wu H n sirhomy or whet -legal requirement in the locrulolt of the Project. tiny PITi.YiSithi in this 133iitid conflicting nth strict stab:Icily er legal rctju n01110nl .steal I be deemed deleted l:ic.rofrom and proyisiotls ctnittininitig lo such stalulotyor otter legal requirement shall inc dr:ehrt.0 incorporated heroin. When so Ftuntishmnnl_ tire: tint 11l in 1111ti this Bcunil Sliail be con. tnied as a Staunton boat and not as a cOrrnnnoli law lncnnd. Signed rio'] sealed this 1gtl, (1'F'narrel:1) 1:..- (r1 icheas) claw Of March, 2011 're1CI'RAtvs, INC. • ('7i!/ll' .- wii::S. cifl0sl0R'rir614Isut_IAlvicecp1W.AIir Lane ()teary l}!1.• +(,l.:.i;{.,a4}i' r._ it ` , �``- ('ii. t ,t ,td):-- .:.=,,.,,.< "(Ira hi t . Marthez. Countersipnedi„ ) f,4.-- • Y Claudette Al3xapl ;,f or t AlA Dore nonl A9101' - 2IPi 0, daliyrt(Jtl 0194 1970 enkl 2010 by 111 ;?rnen.lean iranl0uld Ill Aoennilects- Jdl:rtyln n reserved, NOTARIAL ACKNOWLEDGMENT STATE OP ILLINOIS capNTv OF COOK On this le dav of .March, 2011 . before inc Debra J. noYle n Notary Public of the State and Co0nty trOrcsaid, residing therein., duly; commissioned and sworn, personally came Sandra 1\1', Martinez , to the known, who being by inc duly sworn according fo krw, did :depose and say .that She resides in Illinois: that she is an Ationieyqn-Fact of The Westchester EireInSuratice .Companiv, the corporation described in and which executed the foregoing instrument: that she knows the seal of said etirporation: that it Was sti affixed by Order Of The Board of Directors of said corporation and that she signed this natne thereto by Like order: that she executed add delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and niirpoSes therein Mentioned. 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' ., 11 j• O3)Els•rieiNIE5413 30:.,(1);- 1913. • „ • • , 0 , 41 RESUME Education Newtown High School, Elmhurst, NY Miami Dade College, AA Business Administration, Miami, FL Awards and Certifications FedEx Sales Hall of Fame Certified Forklift instructor Certified Substitute Teacher Computer Skills and Training Microsoft Word, Excel, PowerPoint Trainer OSHA Occupational Safety and Health Standards Defensive Driving Instructor National Safety Council 4 and 8 hours courses Drug and Alcohol training for first time drivers Driver Instructor Smith System, DOT Regulations Languages Fluent' English speaker Fluent Spanish speaker ene Sanchez -Breton 0•erations Mana.er Overview Rene is a professional with over 30 years of progressive experience and responsibility with documented success in the area of transit management at various organizational levels. He has a history of maximizing safety, quality, productivity, and customer satisfaction at the organizations he has worked for. He possesses excellent communication skills and is a fluent English and Spanish speaker. Experience Safety and Training Manager LSF Shuttle/Tectrans, Miami, FL, Aug 2010 — Present • Provide corporate support, resources and oversight to operating terminal management and staff•company wide • Manage and implement safety programs, training programs, and vendor relations to achieve company safety and compliance goals and ensure regulatory compliance • Administers company loss control .and prevention program, including accident investigation, claims administration/management, and legal proceedings • Support a wide variety of transportation operations with the ability to Interact positively with operating staff members across the Tectrans family of companies Senior Operations Manager FedEx Honduras/Salvador, Miami, FL, Feb 2009 Aug 2010 Ensure that training and certification goals and requirements are met • Ensure that all OSHA, Environmental, and DOT standards are met • Ensure employees observe work rules and safety practices • Prepare and submit operations.reports and schedules to management Dispatch Manager Bayview Trucking, Medley, FL, Sep 2007 - Oct 2008 • Directed activities of drivers using two-way radios or cell phones • Provided daily check in and dispatch supervision of daily route drivers • Assisting drivers with directions and emergency response for fixed route, regional center and shuttle transportation operations Designed and produced schedules and schedule templates Transportation Manager TFE Logistics, Ft. Lauderdale, FL, ,Ian 2006 — Sep 2007 Terminal Manager Florida Rock & Tank Lines, Ft. Lauderdale, FL, Aug 2005 — Dec 2005 Assistant Terminal Manager Allied Systems, Miami, FL, Mar 2005 — Aug 2005 Operations Manager FedEx Express, Pompano Beach, FL, Feb 1979 — Nov 2003 EC.T R4NN1 RESUME Education ' Master of Business Administration - Human Resource Management, University of Phoenix, 2005 Bachelor of Business Administration - Hurnen Resource Management, Florida Atlantic University, 2002 Transportation Safety Institute Certificate • Smith System Instructor Fixed Route Shuttle Operations and Management Business Development Transportation Operations and Supervision Customer Satisfaction Shanta Douglas General Manager Overview Shanta Douglas is a business professional with nearly ten years of transportation industry general management and operations experience. A highly effective communicator, Shanta has the ability to relate successfully to individuals at all levels within and outside of the organization. Experience General Manager Tectrans (Community Shuttle Terminal), 2011 - Present • Responsible for complete transportation operations of Tectrans/ Fort Lauderdale Community Shuttle Terminal ' ..• Manages and directs transportation operations for more than 50 buses • Manages and directs transportation operations providing over 20,000 passenger trips monthly • Supervises over 70 staff members, including more than 40 drivers, and experienced senior staff members Including supervisors, dispatchers, customer service representatives, schedulers/routers, road supervisors, lot attendants, and mechanics. Assistant General Manager/Operations Manager First Transit (M.I,A. Shuttle Services Inc.), 2007 - 2011 • • Management of an airport shuttle system with 38 buses providing a total of 6 million passenger trips per year • Responsible for administrative (6 personnel), operations (49 personnel) functions • Assist in supervision of, Maintenance Manager and Maintenance Staff (17) personnel • Labor relations with local union, e,g. Contract negotiations and Grievance hearings • Responsible for operator training and safety of personnel • Develop and maintain Safety Review Committee to review accidents, Incidents, and employee injuries • Responsible for Human Resource functions In accordance with Federal, State and local employment regulations • Assist in the development and Implementation of policies and procedures • Ensure and maintain DOT/OSHA compliance and contractual compliance • Conduct on -the -street evaluations of overall system performance General Manager First Transit (Tar River Transit), 2005 - 2007 • Overall responsibility for customer/clients' (Tar River Transit/City of Rocky Mount) satisfaction • Managed a fixed route system with ten buses and a 34 van two -county paratransit system providing a total of 400,000 passenger trips per year • Managed administrative (3 personnel), operations (48 personnel) and custodial (3 personnel) functions • Responsible for Human Resource functions in accordance with Federal, State and local employment regulations • Developed and Implemented policies and procedures • Ensured and maintain DOT/OSHA compliance and contractual compliance • Administered the drug and alcohol program to Include pre -employment screening, random testing, and for cause • Financial management of the First Transit sub -corporation Processed and submitted employee.payroll:_:.. ..• ,:. , .... :: Manage employee-beneflts-identify Insurance issues, 'resolve issues, and establish a' better- tracking -system -to ensure'employees'are enrolled :In The proper -benefits in a','"'"" timely manner Review benefit plan to:maximize',;benefitsatisfactig ,w,bile marinating benefit•eosts • . Partnered with the Regional Vice President to investigate and ensure fair and consistent ,:handling•of •employees;issues •+and conc.erns lto maintain;aaz.,„positivea;:and,�:safe :.work<•: k-4 environment • • Made decisions regarding counseling and termination of employees • • RESUME Professional Affiliations American Public Transportation Association North Carolina Public Transportation Association Society of Human Resource Management Association Shanta Doug[as General Manager General Manager First Transit (Century Village), 2003 — 2005 • Overall responsibility for customer/clients' (Century Village West) satisfaction. Managed operations of a nine -route fixed -route system with 12 buses providing a total of 55,000 passenger trips per year • Managed administrative (2) personnel and operations (27 personnel) functions • Supervised Maintenance Manager and assisted in supervision of Maintenance Staff (4) personnel • Organized and administered new hire orientation • Implemented and conducted safety orientation and training programs • Responsible for Human Resource functions in accordance with Federal, State and local employment regulations • Developed and Implemented policies and procedures • Ensured and maintained DOT/OSHA compliance and contractual compliance • .Administered the drug and alcohol program to include pre -employment screening, random testing, and for cause • Profit and loss responsibility for $1.5 million per annum contract with Century Village West • Processed and submitted employee payroll • Manage employee -benefits -identify Insurance issues, resolve issues, andestablish a better tracking system to ensure employees are enrolled in the proper benefits in a timely manner • Review benefit plan to maximize benefit satisfaction while marinating benefit costs • Partnered with the Regional Vice President to investigate and ensure fair and consistent handling of employee issues and concerns to maintain a positive and safe work environment. • Screened, interviewed, and hired prospective employees • Made decisions regarding counseling and termination of employees Supervisor: Operations First Transit/Coach USA, 2001 r 2003 • Overall responsibility for customer/ clients' satisfaction • Supervised operations of a 45 buses providing a total of 3 million passengers per year • Assisted operators with daily operations • Coordinated embarkation and debarkation of Motor coaches for Cruise Lines • Coordinated Motor coaches for charter customers • Labor relations with. local union, e.g. Contract. negotiations and Grievance hearings Assistant Manager Walgreens, 2000 — 2001 • Overall responsibility for customer/ clients' satisfaction • Overall responsibility for managing cash/ensuring cash controls • Ordered products • Assisted Store Manager In training new employees • Assisted Customers with complaints and provided suggestions • Inventory control • Assisted in grand opening of new stores S a:c..:. n EC i R4NS RESUME 'Education B.S. Business Management, University of Phoenix VVTS Leadership University, Rutgers University Veolia Leadership University, University of South Florida Management Contract Compliance Operations Analysis Customer Satisfaction Acquisitions Employee Development Vasti Amaro Senior Vice President - East -Overview Ms. Vasti Amaro is a 19-year transit industry veteran who has worked in both the public and private sector, managing fixed route, paratransit, light rail connectors, rental car shuttles and employee/public parking shuttles at airports. Her expertise in transportation has resulted in successful start up operations for Hillsborough Area Regional Transit in Tampa, Dallas Area Rapid Transit, Valley Metro, Phoenix Transit and Phoenix Sky Harbor International Airport. She has extensive experience with data collection and analysis, service planning, contract management and administration, budget development, operating policy development, union negotiations, public relations, safety, training, and customer service, Vasti is an active member of APTA, the Arizona Transit Association (AzTA), and the Arizona Airports Association. She is also an International Board Member of the Women's Transportation Seminar (WTS). Experience Senior Vice President — East, Tectrans, Inc., Los Angeles, CA, • November 2010 - Present As SVP for East Region Operations at Tectrans, Vasti is responsible for all areas of project oversight, including risk management, labor negotiations, and operations management, including accountability for driver training, vehicle maintenance, safety, and financial management, She is responsible for monitoring staff performance, ensuring contract compliance for all of East operations. In this position, she reports directly to the Chief Operating Officer and serves as the principal liaison between the local management team and Tectrans Executive Management, Vasti maintains and supports customer relations with multiple client entitles and their respective boards. Director of Transportation (Phoenix Transit), Veolia Transportation, June 2010 — November.2010 . Instrumental with the turn key start up operation from a management to a service contract. Responsible for 550 Bus Operators, 22 Supervisors, 4 Operations Managers, 10 Dispatchers and the Customer Service Department with a. mixed fleet of 353 buses. This Includes all aspects of service delivery and operational areas Including daily reporting to the client, runcut and service analysis. Also Involved with union negotiations with Amalgamated . Transit Union (ATU), General Manager (Phoenix Sky Harbor International Airport), Veolia Transportation, June 2007 - June 2010 Responsible for the start up operation, merging two bus contracts, with complete oversight of the bus service. This includes the Consolidated Rental Car Center, Employee Parking, Public Parking and Light Rail Shuttle service. This start up was in three phases beginning December 2008 through July 2009 overseeing 300 operators, 12 supervisors/dispatchers, 33 maintenance ;personnel,-24 Customer Service:Ambassadors'anchS administrative :... • personnel with a fleet of 108 buses. ,Assistant•General •Manager,(Phoenix Sky Harbor International Airport), Veolia Transportation, Dem Geber,2005 — June 2907 Instrumental with the start up`;gpe'ratbon for theCdhsolidated Rent0R at Bus' - `Shuttle merging 13 rental car companies. Respbnsible for .150 Bus RESUME Vasti Arnaro Senior Vice President a East Operators, 11 Supervisors, 3 Operations Managers and 10 Operator Trainers with' a fleet of 62 buses,' This included daily reporting to the client, run -cut and service analysis, Also involved with union negotiations with Amalgamated Transit Union (ATU), Operations Manager (Tempe, AZ), Veolia Transportation, September 2003 — December 2005 Responsible for the daily operations of the Valley Metro bus service throughout the Phoenix Metropolitan area including the student shuttles for Arizona State University (ASU). This included oversight of 210 operators, and 15 supervisors/dispatchers with a mixed fleet of 108 buses, Director of Human Resources (Tempe, AZ), Veolia Transportation, August 2002 — August' 2003 Responsible for recruiting, training, evaluating and disciplining employees, Managed accounts payable, accounts receivable, payroll, finance and human resources. Also responsible for labor relations, unemployment hearings and risk management. Negotiated union contract with Amalgamated Transit Union (ATU), Quality Assurance Manager (Dallas, TX), Veolia Transportation, October 2000 — July 2002 Instrumental with the start up operation, merging two contracts, for the Dallas Area Rapid Transit (DART) paratransit contract. Responsible for inspecting and acceptance 102 El Dorado cutaways and 72 Ford Taurus vehicles, Daily responsibilities Included conducting random preventative maintenance inspections, following up on driver vehicle inspections (DVI) and conducting random cleanliness inspections to ensure contract compliance. Analyzed maintenance statistics on service performance and provided corrective action follow up as necessary. Managed on time performance, missed trips, complaints, investigations and reporting. As Interim Operations Manager responsible for 320 operators, 12 supervisors and two Senior Operations Supervisors with a mixed fleet of 174 vehicles. Also involved with union negotiations with Amalgamated Transit Union (ATU). Paratransit/Customer Service Manager, Hillsborough Area Regional Transit Authority (HART), October 1992 — October 2000 Responsibilities included managing the ADA Paratransit startup operations. Prepared technical specifications, procured, installed and trained staff on the following TRAPEZE software applications: PASS, Customer Information and Interactive Voice Response (IVR), Managed quality assurance and customer service. Prepared reports and provided oral presentations to the • HART Board of Directors, Provided quarterly reports to the Florida Department of Transportation on the status of grant projects. Represented the Authority as the Chair for the Paratransit Advisory Council (PAC), A board member on the Transportation Disadvantaged Coordinating Board -(TDCB).. 'A:Committee member:on boththe County and`Mayor's Alliance for Citizens with Disabilities. . T E 'T BINS RESUME Education Bachelor of Science, Industrial Engineering, Iowa State University Transportation Operations and Management, Paratransit and Transit Operations Risk Management Safety and. Training Executive Management Community Relations Vendor Relations Maintenance Professional Affiliations American Public Transportation Association (APTA) American Bus Association (ABA) Travel Industry Association (TIA) National Tourism Association (NTA) United Motorcoach Association (UMA) GrayLine John Busskohl Chief O.erating Officer Overview John Busskohl is a seasoned transportation industry veteran who joined the Tectrans team as Its COO in 2009 as the company is planning to expand by way of both organic and acquisition opportunities, Mr. Busskohl is an operations and business development executive with 17 years of experience in the passenger transportation industry. He has successfully led multi -market management teams and has assimilated several mergers and acquisitions and started up and transitioned several operations and contracts. Experience Chief Operating Officer, Tectrans, Inc., Los Angeles, CA, 2009 - present Mr. Busskohl currently serves as Tectrans' Chief Operating Officer, He oversees all facets of transportation operations, including the oversight of two region Senior Vice Presidents who manage the firm's paratransit, shuttle, and taxicab operations, Mr. Busskohl also oversees several shared services, including fleet maintenance and asset management, facilities, safety, training and regulatory compliance. Annual revenues under Mr. Busskohl's leadership total approximately $75M. Vice President Sales, Coach America (formerly Coach USA) 2005-20013 Mr. Busskohl created and managed all facets of corporate sales and marketing to support 32 field locations for the largest charter and tour bus company in the United States (interstate carrier with annual revenues of $380 million, and 2,700 vehicles). He developed sales and customer service training for all field locations, resulting in "best in class" sales processes (customer's likelihood to recommend Coach America was greater than 90%). He led the business development effort, which bid/secured major corporate/government contracts, increasing contract business by 30%. Vice President Western Region, Coach USA, 1999-2005 Led a group of 25 managers responsible for all operational aspects of a $150 million region. Included budget preparation, full P&L responsibility and operational leadership for 14 field locations, 1,000 vehicles and 1,500 employees. Successfully led the transition and integration of nine acquisitions maintaining key employees, operational stability and customer service. Operationally responsible for several fixed route contracts in the state of California including the ATN Anaheim Resort Contract. Led location start ups in San Diego, Salt Lake and Anaheim. Transitioned several California contracts including the LAX Flyaway, Amtrak, Disneyland Resort Express Airport Shuttle and San Diego MTA. General Manager, Coach USA, Phoenix, AZ, 1996-1999 Managed a fleet of 100 vehicles, 200 employees, and held full P&L and operational responsibilities. Transitioned two acquisitions over a 12-month period adding 25 vehicles and 50 employees. Started up contracts with Arizona State University, Intel and Bank of America. Owner — General Manager,'Arrow Stage Lines, Phoenix, AZ, 1991-1996 Owned and operated Interstate bus company with 65 vehicles, 160 employees and a 10,000 sq. ft. maintenance facility. Successfully converted to a public company through a roll -up IPO. Industry Leadership Gray Line'World Wide Board of'Di'rectors;"2oO5 2008 Finance and Marketing Committees . rE TROIS RESUME Education Bachelor of Arts, Business Administration, University of Washington, 1980 Achieving Breakthrough Services, Harvard Business School, 1999 Competitive Marketing, Strategies for Businesses, Haas Business School, UC Berkeley, 1994 Time Management, Communications, Labor Relations, Interaction Management, & Stress Management; Management Development Corporation, 1981 - 1996. Executive Leadership Transportation Operations and Management Business Development Customer Relations Talent Management &Team Building Executive & Board Relations Michael D. Griffus Chief Executive Officer Overview Michael Griffus, who joined Tectrans in 2010, is a results -driven Management Executive with over 25 years of experience leading high growth companies in the transit and transportation industries. His start in transportation was like so many other executives, as a driver, working his way all the way up to CEO, with progressively more responsible and challenging assignments. Though somewhat new to the Tectrans organization, the value Mike brings to each and every Tectrans client assignment is nearly immeasurable due to his vast experience and success In the industry. Experience Chief Executive Officer Tectrans, Inc:; Los Angeles; CA; 201D - Present • Responsible for executive leadership of Tectrans and all its subsidiary companies, representing approximately $80M in annual revenues. • Directs a senior executive management team in charge of operations, safety, maintenance, finance and accounting, information technology, human resources, and marketing/business development. • Primary liaison with Tectrans' equity and debt partners and serves on the Tectrans, Inc. Board of Directors. Serves as executive level client liaison for key client assignments. • Represents Tectrans and Its operating entities in their respective rnarketplaces, Chief Operating Officer Bauer Transportation, Inc., San Francisco, CA, August 2009 - December 2009 • Responsible for running operations for 200-vehicle bus company. Key customers included Google, Yahoo!, and Facebook • Implemented several operational systems and process Inlucding action planning, forecasting, driver productivity. Implemented a new safety program. • Assisted with marketing new services for commuter passengers. President & Chief Operating Officer Veolia Transportation, Inc., Oak.Brook, IL,'2006 - 2009 Responsible for North American Transit Operations - Revenues $650 million annually, 14,000 employees Key Accomplishments: • Increased revenues 15.5% • Addressed the Board's concerns by Implementing key strategies that resulted in: o significant profit Improvement o reduced overhead through reorganization by 23% o reduced accidents and injuries 15% o successfully Integrated multiple acquisitions and cultures to stabilize the company Fostered relations with key Public Transit Authority Board members and customers to ensure profitable renewal of -loss making contracts renewing 58% of the company's revenue over the past two years • Established business priorities for all departments and all levels of management • Implemented a strategic training & development plan that focused on critical skills in safety, customer service, management, vehicle maintenance and compliance a,»; ................ • "('instituted°succession planning and- a•maneg.ement destelopmen.t'proeess'::., •..: -Created a customer focused brganiza'tib'n vdhich erihar ced company market Image • Restructured organization to optimize talent pool TEC T BANES RESUME Military Service United States Marine Corps Michael D. Griffus Chief Executive Officer V.ice.President of Sales Zonar Systems, Inc., Seattle, WA, 2005 - 2006 Key Accomplishments: • Identified and evaluated key markets, evaluated and negotiated with new clients. • Built National Sales Team • Introduced strategic planning, financial control systems, information technologies and established growth priorities which increased revenues, improved profitability, strengthened business practices and enhanced reporting/forecasting capabilities • Developed a customized growth model based on strategic priorities, competitor analysis and trend forecasting • Increased product sales 35% in 6 months • Senior Vice President- Education Services Laidlaw Education Services, Walnut Creek, CA, 1998 - 2005 • Largest bus company in the world generating $1.4 billion in revenue (41,000 vehicles) $320 million western region, 120 operating locations in the region, 8,000 employees Key Accomplishments: • Developed strategic plans increasing return on Investment by 60% and overall profitability by 50% • Consistently surpassed all operating and key performance Indicator targets • Increased customer retention by 95°/0 • Stabilized regional functional group into a values -based, diversified, high performance team • Increased Income before Interest and taxes from 8% in 1997 to 11.8% • Increased return on assets from 10.4% to 16.1%. • Decreased overhead structure by 30°/o • Reduced accident frequency rate by one-half since 1998 • increased annual operating cash flow from $16.8 million to $41 million • Personally led the Acquisition Team in acquiring 5 regional acquisitions, with responsibility for consolidation • Served in multiple lead roles within major industry associations, encouraging positive legislation Regional Vice President of Operations, 1994 - 1998 District Director of Operations, 1990 - 1994 Laidlaw Education Services, Walnut Creek, CA • Northwest Region - 4 states - annual budget $68 million - 22 locations - +2,000 vehicles — 2,200 employees Key Accomplishments: • Developed Action Plan format for Quality Improvement and Profit Improvement and developed Strategic Plan for Region - Received company -wide award • Implemented manager -In -training program for management succession plan • Initiated individual development plans for all promotable employees • Exceeded Profit Plan each year and consistently rated highly effective in all duties • Reduced Worker Compensation Costs 30% In 2 years through motivation and awareness programs • Developed $8 million in new business. • Integrated a major acquisition (Mayflower) in 1995 increasing .revenues of the region by 50 -• . Leaseway Transportation Corporation Area Manager/Business Development - Logistics,;_".. Oakland, CA, 1989 - 1990.., • District Manager, Portland, OR, 1983 - 1989 Terminal Manager for Leaseway Trucking (e subsidiary) Seattle, WA, 1981 - 1983 AECBR4 NS BUS DRIVER'S VEHICLE INSPECTION REPORT COMPANY BUS NO ODOMETER READING END MILEAGE: START MILEAGE: TOTAL MILEAGE: DATE: TIME: LOCATION' ❑ AM ❑ PId • - INSPECT ITEMS LISTED • IF DEFECTIVE, NUMBER AND DESCRIBE IN "REMARKS" - FLUID LEAKS UNDER BUS LOOSE WIRES, HOSE CONNECTIONS DR - BELTS IN ENGINE COMPARTMENT OIL LEVEL _ RADIATOR COOLANT LEVEL BATTERY — TRANSMISSION UNUSUAL ENGINE NOISE ._. GAUGES & WARNING LIGHTS - SWITCHES _ HORN — FANS & DEFROSTERS - WIPERS & WASHERS • _ STOP ARM CONTROL (WARNING CONTROL) ._-. INSIDE & OUTSIDE MIRRORS _-- BRAKE PEDAL & WARNING LIGHT _ OPERATION OF SERVICE -DOOR �. EMERGENCY EQUIPMENT • FIRST AID KIT ENTRANCE STEPS CLEANLINESS OF INTERIOR _ CONDITION OF FLOOR .._ EMERGENCY DOOR & BUZZER HEADLIGHTS, FLASHERS & 4-WAY FLASHERS RIGHT FRONT TIRE & WHEEL _ FRONT OF BUS - WINDSHIELD _ LEFT FRONT TIRE & WHEEL ._ STOP ARM (SCHOOL BUS) — EXHAUST SYSTEM - LEFT SIDE OF BUS - WINDOWS & LIGHTS -.__ LEFT REAR TIRES & WHEELS _ REAR OF BUS - WINDOWS & LIGHTS -_ TAILPIPE - RIGHT REAR TIRES & WHEELS RIGHT SIDE OF BUS —WINDOWS & LIGHTS - DRIVER'S SEAT AND BELT — DIRECTIONAL LIGHTS — PARKING BRAKE OR SERVICE BRAKE - CLUTCH STEERING WHEELCHAIR LIFT REMARKS CONDITION OF ABOVE VEHICLE IS: ❑ SATISFACTORY DRIVER'S SIGNATURE' ID UNSATISFACTORY Q ABOVE DEFECTS CORRECTED • ABOVE DEFECTS NEED NOT BE CORRECTED FOR SAFE OPERATION OF VEHICLE MECHANIC'S SIGNATURE: _.. • DRIVER REVIEWINGTREPAIRS: SIGNATURE: • DATE: ORIGINAL Preventive Maintenance Inspection Sheet A Inspection Bus # Dare Current Mileage R. O. # B Inspection Clnspection A. INTERIOR "Work Performed MUST BE 1N TIALED, X's `Not Applicable" Defect Dore! D. EXTERIOR Inspocled Found. Repaired 1 Initial Test Dore (if Required ) 2 Driver's Side Entry Door 8 Seals 3 Driver's Seat, Condition, Operation & mounting 4 Driver's Seal Bell Operation 5 Windshield Wipers & Washers 6 Steering Wheel Free Play 7 Hem, Gauges & Dash Lights 8 Gear Shill Operation & Alignment 9 Neutral Safety System 8 Shift Loch System 10 Backup Alarm Operation 11 Check Temperature, o8 & Amp Gaugos 12 All Warning devices & Indicator Lamps 13 Interior & Dash Lights 14 Headlights 1/High &Low Beams 15 Sunvisors & mounting 16 Driver & Mirrors & Mounting 17 Window Operation & Seals 18 Accessory Switches, Posf(lons & Operation 19 Healer, Defroster & Fan Operation (All Speeds ) 20 NC Operation & Fan Operation (All Speeds) 21 F/Temp. R/Temp. 0/S Temp. 22 Brake Pedal Height , Play & Operation 23 Hydraulic Brake Test 1/ Ck..For Brake Fade 24 Emergency Brake, & Release Mechanism 25 Throttle!/Clutch. Pedal Operation B. INTERIOR CONTINUED 26 Pass. Entry Door Operation, Adjustments & Seals 27 Passenger Seat Condition, Operation & Mounting 28 Seat Betts, Condition & Operations 29 Interior Panels, Flooring, Grab Rails 30 Windshield & Window Glass Condition 31 Al Window Glass Stamped With A.S. Rating 32 Fire Extinguisher Date, Charged & Mounting 33 Fire Extinguisher rag Current & billeted 34 Road Warning Devices & Mounting 35 First AO Kit, Contents & Mounting 36 Body Fluid Kit, Contents & Mounting 37 Emergency Exits, Signage, Latches & Operation 38 Safety Decals Properly Posted & Good Condition 39 Graffiti On - Seals, Windows, Frames, Body C. OPTIONS 40 Two -Way Radio operation & Mounting 41 P IA System —.a42 -MBT.Operalion &'Idounting . • ,y ...43 Defect Defect Inspected Found Repaired Defeo Deloct lnspecied Found Repaired 46 All Exterior Lights, Lens, Indicators & Signals 47 Inspect Vehicle For Any New Body Damage 46 Document & Update Body Damage Log 49 Paint, Lettering & Appearance 50 Exterior Mirrors, Condition, & Securely Mounted 51 Front & Rear Bumper Condition .& Bolls Secured 52 Emergency Exits, Signage, Larches 8 Operation 53 Mut/haps & Securement 54 Axle Flange & Lug Nuts Ck'd & In Good Condition 55 Defect Defect Impeded Found Repaired E. TIRES Defect Defect Inspected Found Repaired 56 Tire Side Wall Condition, Bent Or Cracked Wheels 57 Wheel Lug Nuts, Valve Stems & Caps 58 Check Toe -in 59 Alignment ( Tires Wearing Evenly) LF/32 RF /32 60 Tread Depth LRO /32 RRO /32 During Inspection RI /32 RRI /32 61 ' Tread Depth LF /32 RF /32 After Repairs, LRO /32 RRO /32 Defects, Tire. Rotation LRI /32 RRl /32 62 Air Pressure LF lbs. RF lbs. LRO lbs. RRO lbs. LRI lbs. RR) lbs. F. UNDER HOOD & ENGINE COMPARTMENT Detect Deloct Inspected round Reprd 63 Visual & "Hand On" Inspection For Fuel, 0i1, & Water Leaks // Clean & Identify Repair 64 oil, P/5, Trans, & Brake Fluid Levels Ck'd 66 Battery Fluid Level & Mounting Ck'd 66 Batt. Terminals & Cables/Condition & Securemen( 67 Coolant Level 68 Water Pump& Fan Clutch Play or Leakage 69 Pressure Test Cooling System (5min. ) 70 All Bells // Condition, Tension & Alignment 71 All Hoses 1/Condition &Securement 72 All Fuel & VRmn,m Lines /I Routing & Condition 73 All Wire & Cable Routing 8Operation 74 ( E.F.I. ), Carburetor, Choke, & Throttle Operation 75 Distributor Cap, Coil, & Ignition Wires 76 Emission Pump //Hoses, & PCV System 77 Exhaust SystemCk'd For Leeks At Manifold, Etc. 78 Chec(Hood Release,:Hnges;"Frgp'RodlOperaliori? •ck 79 Cheat' Drain Fuel/Water Separator (If Equipped) :--_. 80 Air Compressor Tank & Lines Drained 8 Checked G, UNDER THE VEHICLE 1 Lube Chassis 2 Oil & Filler Service 3 Air & Fuel Filler Service./Replaced 4 Transmission Inspection, Service /Filler Replaced 5 King Pins, Tie Rods, Ball Joints, & Steering Joints 6 Power Steering Box, Idler Arm, & Center Drag Link 7 Radius Rod Bushings & A -Arm Bushings 8 Suuls, & Rack & Pinion 9 Front //Rear Shocks Condition & Mounting 10 Water Or Oil Leaks // Clean & Identify Repair 11 A//:Hoses //Condition & Securemenl 12 All Fuel & Vacuum Lines // Routing & Condition 13 Al! Wire & Cable Routing & Operation 14 Engine & Transmission Mounts 15 Engine & Transmission Bolts & Lines Secure 18 Drlveshah & U-Joint Condition 17 Driveshaft Center Support & Safety Loop Condition 18 Parking Brake Cable & Linkage 19 .BodyMounts Secure & In Good Condition 20 Chassis Welds Inspected 21 Exhaust System Inspected For Leaks & Secure 22 Fuel Tank /Lines, Hose Condition &.Mounting 23 Differential Leaks, Yolk Play, & Bearing Noises 24 Steam Clean Engine, Transmission, Chassis 25 H. BRAKES 26 Brake Fluid Levels 27 Any Visual Or Audible Signs OLLeaktng 28 Master Cylinder, Vacuum/ Hydraulic Booster 29 ALL Hydraulic Brake Lines, Condition & Mounting 30 Front& Rear Calipers /4ounting, & Leaks 31 Wheel Cylinders Mounting & Leaks 32 Front & Rear Brake Lining, Record Thickness 33 LF /32 RF_.J32 LR^132 RR_/32 34 Uneven Wear On Broke Linings, Rotors, & Drums 35 Brake Hardware, Springs & Seals 36 Brake Adjustments Inspected /Completed 37 Parking/ Emergency Brake Adjustments 38 Excessive Wheel bearing play & Condition 39 Delecl Deleof J. NOTE REPAIRS OR DEFECTS FOUND Inepeelcd Found Repaired 1 2 3 4 5 7 8 9 10 11 12 13 Decent 08rea 14 Inspected Found Repaired 15 I. WHEELCHAIR & LIFT EQUIPMENT 40 Interlock Operation, Switches & Adjustments 41 Lift Door & Hinges, Mounting & Condition 42 Lill Door Shocks, Latches, & Locks. 43 Lift Controls, Cable, Operation, & Mounting 44 Lib Operation (2 Complete Cycles) 45 Worn Cables, Pins, Pivots &Bushings 46 Electrical Switches, Connections, & Adjustments 47 Hydraulic Lines & Fittings, Leaks 48 :Front & Rear Safety Barrier Operation 49 Lint Covers, Instructions, & Safely Decals 50 Lube, Service & Check Fluid Levels 51 W/C Tie Downs & Track, Operation & Condition 52 W/C Tie Down Storage &Mounting 16 . 17 18 19 20 21 22 Defeat Defect K. Misc. Inspeeled Found Repaired 53 PM Mileage Documented & PM Sticker installed 54 Supervisor informed Of ALL Safely Defects Or Major Repairs 55 Road Test 8 Double Check ALL Repairs 111 Dele3 Rcpal,ud Mechanlc(s) Complete Signature Dale S2 Mechenic(s) Complete Signalure Dale Supervisor's Complete Signature Date Work Order Inspection Checklist -Revised Mit Coen Date Meter 1 .Meter 2 51071902 05/04/2009 Inspection:AC/I-bating:AC/Ff ating Labor Hours: Items: Item Pass/Fail Notes Air vents Other check air vents for proper Front AC Other Front Feat Other PaerAC Other Fear I -bat Other Inspection: Brakes: Brake Items: Item Pass/Fail Brake release aher Drum Spec aher Front Lining Other Hardware CIher Hydraulics Oher parking brake aher Fear Lining Other Rotor Spec Other wheel seal Other flow.dash,center and floor. Check front ACwiih Tarrp guage De. Check Front heater with terrp guage Lag. • Check rear AC with temp guage Dag. Check rear heat with temp guage Deg. 'Labor Hours: Notes workdngproperly, hold and release Checi drum spec OJD-ES check Front lining R/32 LF /32 Check hardware Oheck Hydraulics for leaks or damage. Parking brake able to hold vehicle on 'O. Check rear lining R/32 LR /32 Check Rotor ' spec • ilk ES checkwheel seals for leaks Inspection: inspection: Pill / Clf Labor Hours: Items: item Air Brakes Air compressor Air Etter Other Air Fbses Other Pass/Fall Notes - Other Air brake systemradustrrent, conpartn ents, and/or condition Other Air compressor governor -cut In and cut out pressure Air Filter, Throttle linkage Air Fbses and tubing -leaks , condition, and/or R-otection Other one minute air or vacuum loss test Other Primary air tank -drain and test function of check valve Batteries TOther = - Batteries -water level, terminals and cables : ' Bet :rc Other•. Belts-Cdnpressor,'fah, Water, • and/ r alternator Brake release Other • , Brake do not release after corrplete loss of service alr Clutch •-Other Clutch adustrrent-free play Air presure test Air tank Dive shaft Other Electrical Other Wrhg Emergency Other Stopping Engine Other rmurts Exhaust Other Exterior Other Frame Other Fuel System Other Gauges Other 1-bater O'.har Fbses Other Hydraulic Other Master Ojclinde Hydraulic- CXher Brake Interlock Other System Lighting aher Other air Other tanks Parking brake Other Radiator after Safety Other Equipment mating Other Startirxg• Other System Steering aher system Streering Other arrrs Suspension Other Tires aher Transrrission tither Lhder'=''? bl;"Ckh'er',`'': carriage Vtlarning'4-- , :aher"-" 1-vices . Wneel seals Other Wheels aher Windows and Other Mrrors Dive shaft, uruverdjoints and/or guards Bectrical w iring-condition and protection. Brergency stopping system - labeled, operative Engine mounting, excessive grease and/or oil C haustsysterrt rrentfold, piping, nuffler-leaks and/or concttion Coors, Ederior, paint and fderkngs Frame and cross merrbers-cracks and/or condition Fuel systerrrtanl hoses, tubing and/or pump -leaks Han, Defroster, Gauges, Odometer and Speedometer 1-biters, defrosters, sw itches and vents Hoses and tubing -condition, protection Hydraulic Master cylinder -level, leaks and/or condition Hydraulic brake system-adjustrrant, components, and/or condition shift level should not Trove from 'Pwith rear door open,B-brake on or Itt po✓✓ erd up. All interior and exterior lights, signals and reflectors Other air tanks -drain and checkfor contamination parking brake -able to hold vehicle Padiator and w ater hoses -coolant level, condition, and/or leaks Ere Ednguisher, RrstAid Krt and F etlective warning devices Diver seat, passenger seats, padding, Interior and flooring condition Starting and charging system Streering systenxrounting, free lash and corrponents Steering arrrs, drag links and/or tie rod ends Suspension system -springs, shackles, U-bolts and/or torque rods Tires -tread depth,FSt,IF /32 LFA/32 RR /321R 132 IR /321L /32 Transrrission and Cffferential- rrou rating, leaks and/or condition ti ider,carriage_clean andrsecure - 'r Warning 'deevices-ai , oil, terrperature, exits and/or vacuum Wneel seals -leaks and/or condition Wneels, lug nuts, stud -cracks, • loosness and/or condition Windshield wipers, windows, nirriors and supports. Work Order Inspection Checklist -Revised Inspection: Lift: Lift Inspection Labor Hours: Items: item Pass/Fail Notes Hardware Other Check for broken cr rrissing hardware Lift Other rrake proper adjustrronts to locks, Adjustments flap,stow,deploy,down and up. 01 Level Other check fluid level with cylinders extended in.. Operation Other Check to make sure w orldng properly Safety Strap Other Check safety strap Inspection: Lights: Light Check Labor Hours: Items: Item Pass/Fail Notes Brake Lights Other Ensure all Brake Lights (left, right, and third) are working with I-badlights off and on. Dashboard Other Ensure Dashboard Light is working Lights when headlights are turned on, and dimswitch Is working properly. Cbrre.Light Other Ensure Cbrre Light is worlang w hen door is open and when turned on manually. headlights Other Ensure Fbadiights work in norrroi and bright nodes, reverse Cther B ssure each Reverse Lights are Lights working w ith I-badlights off and on. Turn Signals Other Ensure all Turn Signals (left/front, right/front, left/rear, and right/rear) are working with Fbadlights off and on. Inspection: Suspension: Suspension Labor Hours: Items: Item Pass/Fail Notes Aligrnrent Other Cha ckAlignntent Ball joints ()her Check ball joints Con Arm, Other Check Oen arm bushing Bushing tier/Rlrren Ober Cheek idler/Rtwan Rack/ Car Other Check rack and gear box box Shocks Other Check shocks Sway bar Other. Check Sway bar Tie Rxis ° er CheckTie Fbds Tires Other Ttrque wheel Other nuts Mechanic Work Order wo# Gaon Date Close Date Miles 51069562 03/10/2009 }-burs D3wntime Erluipment:58608: 2004 Ford 13 Dorado LOF:Lube,16 & Alter Service AService A Services: Inspections:AC/Heating:AC/Heating inspection Brakes: Brake Ins pectionsb Inspection: Ph4 / CHP Inspection Lift Lift Inspection Lights: tight Check Suspension: Suspension inspection . Repairs:03-Brakes 02-Engine Tires: Lube, Oil & Alter pm service notes on the pm service View. These \4II automatically populate the work order. CheckAC/Heating Temp Check Braking sstem- - metal to metal on rear brakes IVbnthlyIns pecticn Checklist Check Lift Ensure all lights are working properly Check suspension Brakes repair notes on the repair view. These will automatically populate the work order. Engine repair notes on the repair view. These will automatically populate the work order. Parts:15W40:01L - ENGINE 8.000 18A881:ROTORS-REAR 2.000 5C2Z-6038-AAMDTOR t✓(CUNT- LEFT SIDE 1.000 B329:OIL FILTER 1.000 SX411:BRAKE PADS - REAR 1.000 SX855:BP.AKE PADS 1.000 Labor:04151 - Barrios, Noe 04151 - Barrios, Noe 04151 - Bamos, Noe 04151 - Barrios; Noe 04151- Barrios, Noe 04151 - Barrios, Noe 04151 - Barrios, Noe 04151 - Barnes, Noe 0.50 0.50 0.50 0.50 0.50 0.50 2.50 REPLACED FRONT & REAR BRAKE PADS, INSTALLED. NEW FRONTT, ROTORS 100 REPLArtij'ic OTOR tiADONT' Fepori O'eated by collectiveReet 5.2 05/04/2009 9:11:18 RA Page: 1 Mechanic Work Order Ribchanic; SupoNsor: * - Core Part Feport Created by collecilel feet 5.2 05/04/2009 9:11:18 FM Page: 2 0 0 e o. 0 z 0 U tn 0 O 0 0) c 4 v co U C) r- N 0 0 0 ) W a) a) 0) 0)) c 0 O 0) O) 0 N 0) O 0 N 0) Cr) O 0 0) O a) 0 O O U a) 0 u) U U a) 0 Q) O N CO M 0 O cv 0 0 0) O 0 C-) z,' CO O CO 0 0) O N 0 cm O' 0 rn rn CDIF h 0 v 0 LPL 0 2_ 0 0 0 N 114 x4 0 0 0 0 O 1)) (,) 0 O O a}: 0 O N 0 O49. k„s O 0 Supervisor's Signature Mechanic's Signature O IOn O Lt). LLq O CD0000 0( 00 zzzzzzzzzz 0 00 o 0 0 00 000 CO 00 00.00 CO m 00 CO I I 1 I 1 I tl')tn )10ui1) NId) 0 0 0 0 0 0 0 • 6 u) N to u) cl m 0 0) .0 00 a) .a .0 A .0) Y 0 _D N y .0 C J C) J 2 2 N N N .D 4 a 2 c1 u 00W iimmZ. a r y0W O00) OOO Si CO CJ J CO 0ci 0 000 W W W U) U) a a a 000 rnrnrn CO CO CO 0) 0 0) 0) 0) a) O O O Q Q Q 0 Cs r 000 0 0 0 0 0 0 0 0 0 LLJ 0 CZ CY WWWwWWw WW u)u)u)v)(1) u)cr) a.aEL 0-EL0_w0_a o o 0 0 0 0 0 0 0 O r r r r: ti r r; r- t� r` a) a) a) 0) 0) a) Cr) 0) a) a) Cr) CO CO CO CO CO') Cr) CO CO Cr) a) a) a) a) 0) 0) a) a) a) 0) r T r t" rnrn0)0)0)0a)6)0)0) 0 000000000 O 0 0 0 0 0 0 0 0 0 N CV 0000000000 Q Q Q r r\ T r r r) r 0 0 0 0 0 0 0 0 0 0 o O O .. 0 c- 0.']. 0]) cV cOD - fA r5464 E369 Imo a)rnr, 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 N T •r T r W I 'art Eerior:Other Gauges:Other Hydraulic Master Cydinde:Other Lighting:Other Radiator:Other Starting System:Other Suspension:Other Under cariage:Other l aeelta5laaaParts 04151- Barrios, Noe (0.50) Mscellaneous Labor • Other Lift: Lift Inspection •: Hardware:Other timme0'17eParts tail Senice A LOF:Lube, Oil & Biter 15VV40: OIL - ENGINE - DT VAN NUYS (8.000) B329: OIL FILTER - DT VAN NUYS (1.000) • Mscellaneous Parts Mscellaneous Labor Other Service A:Service A Mscellaneous Parts Mscellaneous Labor Other Work Order Detail '58608:2004 Ford B Dorado VIN: 1 FDXE45S34HA586t License Plate: 7L25552 :197397,0 • Location 04-Diversified Department: 216-Regional Ctr_ WO# Open Date Close Date Status Downtime A ciderrt 51069562 03/10/2009 03/13/2009 Complete 6.00 Description: LOF/ CHP INSPECTION Discounts Parts Later $20,49 $0,00 $18.00 $2.49 $0.00 $0.00 $0.00 AC/Heating: AC/Heating $0.00 Air vents:Other FrontAC:Other glaaviBrOthes Parts RearHeat:Other $0.00 04151- Banios, Noe (0.50) Mscellaneous Labor Other Wakes: Brake Inspectionsb• $0,00 Brake release:Other Drum Spec:Other Hardware:Other Hydraulics:Other Rear Lining:Other Rotor Spec:Other Mscellaneous Parts $0,00 04151 -Barrios, Noe (0.50) Mscellaneous Labor Other Inspection: PMI / CHP Inspection $0.00 Air BrakesOOther Ai r compressor:Other /Vr Hoses:Other Air pros ure test:Other Batteries:Other Belts:Other Clutch:Other Drive shaft:Other Emergency Stopping:Other Engine mounts:Other Frame:Other • Heater:Other Hydraulic-Brake:Other Other air tanks:Other Safety Equipment:Oher Steering system:Other Tiires:Other Vtisrning Devices:Other Windows and Mrrc$6t011her $0.00 . LiftMdjustments:Other • Safety Strap:Other $0.00 Tires Other $0.00 $0.00 $0,00 $10.00 Front HeatOiher $10.00 $0.00 $10.00 Front Lining:Other parking brake:Other wheel seaL:Other $10.00 $0.00 $10.00 A Flter:Other A r tank:Other Brake release:Other Electrical \t ring:Other F haust:Other Fuel System:Other Hoses:Other Interlock System:Oher Parking brake:Other Seating:Other Steering arms:Other Transmission:Other VVneel seals:Other $0.00 $0.00 $0.00 saw $0.00 $0.00 $0.00 $0.00 $0.00 Total $20.49 $0.00 $10.00 $10.00 $10.00 •--fport Created by cellectiveReel 5.2 05/04/2009 9:21;52 FM Page: 1 Wor Order Detail 04151- Ban ios,'Noe (0.50) • Mscellaneous Labor Other Lights: Light Check Brake Lights:Cther Headlights:Other Mscellaneous Parts 04151 - Barrios, Noe (0.50) Mscellaneous Labor Other Suspension:Suspension Alignment:Other Idler/Pitman:Other Sway bar,Other lee ade?ailsiPtat:t Cher 04151- Barrios, Noe (0.50) Mscellaneous Labor Other $0.00 Dashboard Lights:Other Reverse Lights:Other $0.00 $0,00 Ball joints:Other Rack/ Gear boxOther Tie Rods:Other $10.00 $0.00 $10,00 Dome LightOther Turn Signals:Other $10,00 $0.00 $10.00 ConAAm Bushing:Other Shocks:Other • Tires:Other $10.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 03-Brakes $261,82 $50.00 $0.00 $311.82 18A881: ROTORS - REAR - $144.70 DT VAN NUYS (2.000) SX411: BRAKE PADS - REAR - $69.99 DT VAN NUYS (1.000) SX655: BRAKE PADS - DT VAN $47.13 NUYS (1.000) Mscellaneous Parts $0.00 04151 - Banios, Noe (2.50) $50.00 Labor Comments:REPLACED FRONT & REAR BRAKE PADS, INSTALLED NEW FRONT ROTORS Mscellaneous Labor $0.00 Other $0.00 02-Engine $53.09 $20.00 $0.00 $73.09 5C2Z-6038-AA MOTOR $53.09 MOUNT- LEFT SIDE - DT VAN NUYS (1.000) Mscellaneous Parts $0,00 04151 - Barrios, Noe (1.00) $20,00 Labor Comments:REPLACED MOTOR MOUNT Mscellaneous Labor Other $10.00 $10.00 $0.00 $0.00 $0.00 $335.40 $130.00 $0,00 $0.00 $465.40 Report Created by collectivefleel 5.2 05/04/2009 9:21:52 FM Page: 2 firawr �� Est BUS AIR CONDITIONING PREVENTIVE MAINTENANCE BUS NO.: HUB MILEAGE: TECHNICIAN A- INSPECTION (Monthly) DATE: AC UNIT HOURS: MAINT. SUPERVISOR: Note: The maintainer is to fill in the blank at the left upon completion of each PM Inspection using one of the "symbols" listed below. Record information or readings where requested for future reference. Symbols: "PM" (PM Performed) "RN (Repair Needed) "RC" (Repair Completed) (Refer to Bus Manufacturer and/or A/C Manufacturer's Service Manual for all specifications) 1. Before Running Inspection 1. Inspect return air filter (change filter if necessary) 2, Install service gauge manifold set at the compressor service valves and record static pressures to verify that there is refrigerant in the A/C system 3. Visually inspect the entire NC unit heater cot compartment and connecting lines for evidence of engine coolant leaks. Replace hoses or clamps as needed. 4. Visually inspect entire A/C unit for evidence of leaks of refrigerant and oil. If leaks are detected, leak check A/C system with electronic detector. Repair as needed. Pay special attention to service valve packing glands, service access ports and schrader valves. Insure protective caps are installed. 5. Check dryeye in bottom receiver tank sight glass and/or liquid line sight glass for moisture content. (if equipped) • Green (Dry) Yellow (Wet) 6. Visually inspect compressor clutch for evidence of wear and overheating. Do not rernove pulley. 7. Visually inspect condition of refrigerant hoses and tubing. 8. Check condition of blower motors and fan motors. . 9. Inspect condensor coil for cleanliness, if dirty wash withwarm soapy water. If doing a B - Insp, Disregard 10. Inspect evaporator coil for cleanliness, if dirty wash with warrn soapy water. If doing e 8 - Insp. Disregard 11. 'Inspect compressor drive belt for wear, or deterioration, Also check for belt alignment with a straight edge. a. Condition: OK Replaced b. Tension: New Belt • Existing Belt II. Running Inspection 12. Start the bus engine and turn the A/C system ON. Check to make sure engine idle speed Is correct. 13. Check compressor oil level, should be' to Yz way up on the sight glass after 15 minutes of operation. 14. 'Check compressor sight lass for presence of oil and •record 81 •,eclor. _. •- Clear/Amber Brown Gray Black a .• nr.f' I' Lr'• Note: •Replace•oil if acidic -or color is black or gray. Perform NC system cleanup if required, •• •• - . 15, Inspect driver's heater/defroster unit. Replace return -air filter, if necessary. • • • • • • 16. • ',Visually and audibly inspect operation of condensor and evaporator motors, compressor and clutch for abnormal noise and vibration. 17, Check main heater unit coolant valve and sidewall coolant valve to be opening and closing when interior NS •thermostat cycles•on/off. Check coolant circulating pump to be operating. 18. Check return air thermostat function by raising and lowering bus interior temperature to cycle unit in all modes of operation. (Heat, cool and reheat). 19. Record refrigerant charge level et fast idle, Make sure discharge pressure is 250 PSIG (min.) for R22 or 150 PSIG (min.) for R134a system. (Cover condensor air Inlet to build head pressure if needed.) Charge Level OK Added Refrigerant lbs. 20. Check refrigerant charge level (bat floating in top of receiver tank sight glass.) B — INSPECTION •(Quarterly) (Refer to Bus Manufacturer and/or A/C Manufacturer's Service Manual for all specifications) I. Before Running Inspection 1. Inspect and wash condensor, evaporator and heater coil with warm, soapy water. Steam clean compressor unit and compressor mounting unit. Clean evaporator and/or condenser drain lines and insure that drain outlet check valves are In place. • . 2. Inspect evaporator motor and condensor motor brushes. Replace brushes if worn down to °/2 inch in length Check condition of commuatator and bearings. Lubricate evaporator motor fan shaft bearings (if equipped). Check motor mounting hardware & fan to be tight and in good condition. 3. Inspect heater water pump brushes wear and seal for evidence of leaks. Replace brushes if worn down. (Sutrak Only) II. Running Inspection 4. Operate A/C system for 30 minutes at idle then fast Idle and record pressures and temperatures; Suction: Discharge: Ambient: Return Air: Engine Fast Idle PSIG PSIG °F °F 5. Check superheat setting and record (ideal 10F — 12F) -- (Sutrak only) C — INSPECTION (Yearly) (Refer to Bus Manufacturer and/or,A/C Manufacturer's Service Manual for all specifications) f. Before Running Inspection 1. Cleanelectrical control panel of lint, dirt and corrosion. Inspect all wire connections to be tight and clean. Clean with nylon brush and spray with contact cleaner. 2. Check condensor air inlet and air outlet seals to be in good condition and in place. Check rear mud flaps to be in good condition. Lubricate clutch bearing. 1oz. Of grease — do. not', over..;'.lubricatel: • 4. t. • Take sample of compressor oil and check for acidity using acid test.kit Safe Marginal Acidic. • Note: Replace oil and•receiverdryer if acidic or color Is black or gray. Perform A/C system cleanup if equipped:- 5. . Remote clutch assy. and check mating surfaces for flatness or wear. Torque clutch retaining bolt (M12) to 110 ft. lbs. Sutrak only It Running Inspection 6, Record refrigerant oll'level ('/a to IA sight glass) Level Added Removed 7. Record compressor oil pressure at engine idle. PSIG (Sutrak Only) (Refer to Bus Service Manual for these specifications) 8. Perform compressor operation efficiency tests. a) Compressor high pressure to PSIG. b) Compressor pump down to inches If vacuum. c) Back leakage test inches of vacuum. Check operation of low pressure (LPCO) and high pressure (HPCO) cutout switches and condenser pressure switch (CPS). LPCO CPS HPCO Opens: PSIG PSIG PSIG Closes: PSIG. PSIG PSIG 10. Record voltage and amperage readings of motors In high and low speed operation using voltmeter and amp clamp. Evap, Motors Cond. Motors Roadside Curbside Roadside Curbside High Speed: Amps Amps Amps Amps Low Speed: Amps Amps Amps Amps Voltage: Volts Volts Volts Volts 11. Check operating of clutch -coil amps, resistance and voltage while clutch is engaged. Volts . Amps Ohms (11a) NC Manufacturer's Service Manual for (Thermo King) Specifications. Coil . Coil Resistance DC Voltage Current (Temperature) (Ohms) (amps) 20 22 27 50 F (10C) 7.89 2.53 2.78 3.04 3.42 68 F (20C) 8,20 2.43 2.68 2.93 3.29 75 F (24C) 8.33 2.40 2.64 2.88 ' 3.24 100 F (38C) 8.77 2.28 2.50 2.73 3.08 (11b) Refer to the (Sutrak) Service Manual for Clutch and Coil Specifications. r. t. Return bus to service A. Remarks: Nofe any observations, suggestions and/or explain repairs made during the PM of the A/C system on the bus. 1. 2. 3, 4. 5, 6. 7. 8. 9. 10. B. Parts Used: List all parts, fluids or refrigerant' used during the PM and/or repair of the 'NC system on this bus. 1. 2, 3. 4, 5. 6. 7, 8. 9. 1 Part No. Description rc VIIE.ELCHAIR LIFT PREYENTATIiTE MAINTENANCE SCHEDULE DATE: BUS NUMBER: LIFT MODEL NUMBER: LIFT SERIAL NUMBER: CYCLES (LIFT COUNTER): HUB READING: ITEM DAILY 6 WEEKS SEMI- ANNUAL CYCLE LIFT X TEST SAFETY FEATURES: A. PRESSURE SENSITIVE MATS B. PRESSURE SENSITIVE EDGES X X INSPECT HANDRAILS FOR: A. STRUCTURAL fl' TEGRITY B. BOLTS SECURED C. CRACKS IN THE TUBING X • X X INSPECT CURBSIDE BARRIER/LINKAGE/CYLINDER: A. STRUCTURAL INTEGRITY OF BARRIER B. BARRIER ANGLE C. PIVOT POINTS FOR DAMAGE OR WEAR D. LINKAGE SET SCREW/JAM NUTS E. CYLINDER ATTACHMENT BOLTS F. HYDRAULIC HOSES/FITTINGS FOR LEAKS G. LUBRICATION (LUBE WITH ANTI -SEIZE COMPOUND) 1. SLIDE LINK 2. ROD GUIDE 3. SHOULDER BOLT 4. LINKAGE PINS X X X X X X X X X X X INSPECT ROADSIDE BARRIER/LINKAGE/CYLINDER: A. STRUCTURAL INTEGRITY OF BARR]ER B. BARRIER ANGLE C. PIVOT POINTS FOR DAMAGE AND WEAR D. LINKAGE/CYLINDER JAM NUTS E. CYLINDER CLEVIS PIN KEEPERS X X X X X X F. HYDRAULIC HOSES/FITTINGS FOR LEAKS G. CYLINDER CLEVIS PINS— REMOVE, INSPECT AND LUBRICATE 1. LUBRICATION (LUBE WITH ANTI -SEIZE COMPOUND) X INSPECT LIFT MASTER CHAINS AND CONN LINES FOR: A. RUST/CORROSION . ....... _. • ,.....,., . .. .-, =r . ..;.. B. ABSENCE OF COTFER PIN/KEEPERS C. PROPER ADJUSTMENT D. LUBRICATION (LUBE WITH P/N P515-00005) = X .X. X " `" X Page 1 of 3 rR ITEM DAILY 6 WEEKS SEMI- ANNUAL INSPECT SLAVE CHAINS AND CONN LINKS FOR: A. RUST/CORROSION X B. ABSENCE OF COTTER PINS.KEEPER C. PROPER ADJUSTMENT D. LUBRICATION (LUBE WITH P/N 515-0005) E. JAI\4 NUTS SECURED X X X X INSPECT LIFT MOUNTING BOLTS: NOTE: •REFER TO BUS MANUFACTURERS TORQUE SPECIFICATION X INSPECT CRUTCH BEARING: • . A. PROPER ADJUSTMENT B. GALLING— TRANSFERRING OF BRASS CRUTCH BEARING PARTICLES TO TORQUE SHAFT COUPLING C. LUBRICATION (LUBE WITH MULTI -PURPOSE GREASE) X X X INSPECT TORQUE SHAFT COUPLING SET SCREWS X INSPECT SLIDE CHANNEL, BEARING BLOCKS X MAI'TUAL OPERATION OF HYDRAULIC SYSTEM: A. STOW B. DEPLOY C. RAISE D. LOWER E. ROADSIDE BARRIER UP F. ROADSIDE BARRIER DOWN G. CURBSIDE BARRIER UP H. CURBSIDE BARRIER DOWN X X X X X X X X INSPECT FOR "MANUAL OPERATING PROCEDURE" DECAL X INSPECT FOR "MANUAL OPERATION PROCEDURE" DECAL STICKER• X INSPECT MAIN LIFT CYLINDERS, FORWARD/REAR: A. CYLINDER CLEVIS PINS MUST BE FREE OF RUST AND CORROSION AND MUST MOVE FREELY B. CYLINDER CLEVIS PINS — REMOVE; INSPECT AND LUBRICATE C. CYLINDER CLEVIS PIN KEEPERS D. JAM NUT MUST BE TIGHT AGAINST SYLINDER ROD E, MINIMUM THREAD ENGAGEMENT OF I" ON TURNBUCKLE BOLTS F. SPEED OF LIFT IN CUSHION AREA G. APPLY LUBRICANT TO CUSHION ADJUSTMENT SCREWS CAVITIES LUBRICATION (LUBE WITI-1 ANTI -SEIZE COMPOUND) X X X X X X X INSPECT STOW LATCH/CYLINDER: A. PROPER STOW LATCH ENGAGEMENT:.. ..,; B. HYDRAULIC HOSE/FITTINGS FOR LEAKS • C. LUBRICATION ON STOW LATCH FACE (LUBE WITH DOOR=EASE)..'° X INSPECT ALL FASTENERS FOR TORQUE Page2 of 3 ITEM : DAILY 6 WEEKS SEMI- ANNUAL INSPECT PUSH -OFF SPRINGS NOTE: REPLACE SPRINGS EVERY 6 YEARS OR 8,000 CYCLES X INSPECT STOW/DEPLOY CHAINS AND CONN LINKS: A. RUST/CORROSION B. ABSENCE OF COTTER PINS/KEEPERS C. PROPER AD.NSTMENT D. LUBRICATION (LUBE WITH P515-0005) E. JAM NUTS SECURE X X X X X INSPECT STOW MOTOR CHAIN AND CONN LINK: A. RUST/CORROSION B. ABSENCE OF COTTER PINS/KEEPERS • C. PROPERADJUSTMENT D. LUBRICATION (LURE WITH P515-0005) X X X X INSPECT HYDRAULIC HOSE/ELECTRICAL CABLE BUNDLE: A. PROPER ROUTING B. LEAKS (HOSES) C. CHAFING X X X INSPECT STOW MOTOR/STOW SHAFT: A. SPROCKET ALIGNMENT B, SET SCREW IN SPROCKETS C. HYDRAULIC HOSES/FITTINGS FOR LEAKS D. SET SCREW IN BEARING E. SPROCKETS FOR WEAR AND TEAR X X X X X INSPECT STOW/DEPLOY LIMIT SWITCH: A. STOW SWITCH MUST ACTIVATE'':" BEFORE FULLY STOWED B. DEPLOY SWITCH MUST ACTIVATE''/2" BEFORE FULLY DEPLOYED C. LOOSE LI[VIIT SWITCH ARM X X X INSPECT CHAIN LIMIT SWITCH (SLACK CHAIN); A. AD.TUST BETWEEN LIMIT SWITCH ARM AND TRIP B. LOOSE LIMIT SWITCH ARM NOTE: 1: FORWARD LIFT CYLINDER MUST OPERATE FREELY UP AND DOWN WHICH ALLOWS THE CHAIN SWITCH TO OPERATE PROPERLY. 2. LIFT CYLINDER CHAIN MUST BE FLEXIBLE WHICH ALLOWS THE CHAIN SWITCH TO OPERATE PROPERLY. X X X X INSPECT PROXIMITY SWITCH: A. DAMAGE TO THE SENSING END • "B,•'GAP BETWEEN SENSING END AND TARGETS. (GAP. 030 T.O 060) X X INSPECT HYDRAULIC POWER SOURCE: ..s............ ..:.. ....,,_.__ A. FLUID LEVEL • ..,,.:,..,. ..... B, FLUID PRESSURE (1150-1200 P.S.L) C. CHANGE FILTER ELEMENT : ;. . .,; .. .... X X Pace 3 of TECTRANS, INC. Emergency Action Plan 7 r Tectrans, Inc. • • • • - •-•• • -• • • ! '''''''''''''''''''''''''''' ' t.. • • . . EEAP, Employee E Ilioloyer Assistance. Program, Inc, . www.eeap,net / 800.734.3674 / Est. 1991 TECTRANS, INC. EEAP, Employee Employer Assistance Pi.ograms, Inc. www.eeap.net / 800.734.3574 /Est. 1991 T CTRANS, INC. Emergency Action Plan OSHA requires each company to have and implement an Emergency Action Plan. The following information is intended to answer the question why do we need a plan and what are the steps we need to take to develop a plan. Remember we will be there to help and guide you. The following information will be given to your employee's, You need to make sure that you have answers for the question that this information will invoke in your employee's. Which Way is Out? Earthquake Flood Fire Violence "i7y` 195 ,0 •o s:t i How informed are you? In the event of a disaster or emergency, would you know your company's evacuation procedures; or would you simply run for the nearest exit, pell- mell? • P.T. Barnum was concerned that customers were spending too much time gawking at the weird attractions in, his circus sideshow tent, thereby limiting profits. Barnum's solution was to post a large sign with an arrow and instructions "This Way to Egress" painted on it. Well, most of the patrons didn't realize that "Egress" was just another way of saying Exit instead they assumed that the word was for some sort of strange animal on exhibit. So they eagerly followed the arrow, only to fmd that they had exited the sideshow tent! The workplace, however, is no place for such confusion. In an emergency, the ability . to locate the exits and evacuate an area quickly and safely, this can save lives -and lack of such information can be fatal. How informed are you? Confusion and panic are unnecessary side effects of emergency situations and they can undermine the successful outcome of an organized evacuation procedure. If you're not familiar with your company's evacuation polices, take the time to learnthem, and not :dust the evacuation procedure© of youriiniriedate"area. `After all you'could`be ;''' -anywhere.m the building when a disaster, occuis:" Reinernbei; knowing the rieai•est egress can save your life. © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeap.net Page 3 Employee Employer Assistance Programs, Inc., Est.1991 TECTRANS, INC. Many of us experienced the earthquake of January 17, 1994. We were awakened in the Huddle of the night to a confused and shaken world. It is amazing how dark it is without the normal lights of the city and streets to help us see, when our lights are not working. Many of us found that our emergency plans were not good enough for our families or ourselves. Take the information given to you this month and make an emergency action plan for your home and family. Remember, the life you save may be yours! Recent events have reinforced the critical need for preplanning for emergencies whether they are man-made or natural in origin. Effective preplanning and emergency procedures can save lives and business property. OSHA requires a written emergency evacuation plan for most employers. Emergencies Can Include: Criminal activities such as robbery, sabotage, riots, and extortion (bomb threats.) Natural disasters such as tornadoes, hurricanes, blizzards, floods, dust storms, heavy thunderstorms, and of course earthquakes. Accidents such as fire, explosion, hazardous material spills, vehicle crashes, and major mechanical or structural failures. Types Of Emergencies Requiring Planning The first step in the process is to determine the types of emergencies that are most likely to occur For natural disaster, geography plays a major role in determining risk. For some weather -related emergencies, employees may be required to stay in the building rather than evacuate if the construction of the building is appropriate for shelter. The potential for criminal activities and civil disobedience to be a Major risk is very much dependent on the nature of the business and its location (i.e., rural versus urban and inner city versus suburban.) For some business, the risk of these types of emergencies may seem very nn.inimal.. Nevertheless, most businesses should plan„ on a generic basis for emergencies that 'includeVonhb thi`eats,-riots, yand`alism;'robbery,'. violence, or other criminal acts. The last category. of emergencies includes those of an accidental nature, such as fires • and explosion, hazardous material spills, and other similar emergencies. Again, the © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeap.net Page 4 Employee Employer Assistance Programs, Inc., Est.1991 TECTRANs, INC. likelihood of these disasters is very dependent on the nature of the business. Nevertheless, all businesses have some potential for a fire and thus the need for an employee evacuation plan. Planning For Emergencies Once again we need to remember that we are responsible for our own safety. The time to prepare for an emergency is before it takes place. We have learned that being prepared, planning and knowing what to do is the most important first step in staying safe and protecting yourself and your family. Remember that the ideas we talk about in this lesson can be used to protect and prepare your family for emergencies too. Know your escape route! Knowing how to get out of your work area and where to go is the first major question you must be able to answer. Ask your supervisor where the assigned meeting place for your department is. Know whom you report to when you get to the assigned meeting place. Know your emergency assignment. Many of you will be assigned to do special duties, if you and your fellow workers are required to evacuate your workplace. For exaMple, you could be assigned to turn the water off. This may require you to know where the main water shut-off valve is, and if necessary have the special tool to turn the water off. When you have completed this special assigmnent you will go to the assigned place and check in. You should inform the appropriate person that you have completed the special assigned task you were given. When you evacuate your workplace know where you are to meet and whom you are to report to. This is extremely important. The only way your employer will know that you are safe is for you to inform them that you are out of the building and are accounted for. Remember you must report to your assigned meeting place!! Rescue and medical duties may be required of those employees who are qualified to perform therm. Some of you or your CO -workers may be assigned to help the injured or sick, If you have First Aid Training, you can be a big help. Let your supervisor know. Know how to report emergencies. The emergency numbers of the local Fire, Police and Hazardous Materials Departments will be posted with the floor plan for your information, But, if you cannot remember the numbers or if you are unsure who to call, dial: © 2009 EEAP MAY NOT BE REPRODUCED 800,734.3574 / www.eeao.net .• Page 5 Employee Employer Assistance Programs, Inc., Est.1991 rECTRAINS, INC, Know the names of the persons or supervisors who can be contacted for further information or explanation of duties under the plan. This is the person you will always go to for, information. This person or persons is listed on the emergency action plan posted with the floor plan for the emergency escape routes. If you have any question about who this person or persons is, ask your immediate supervisor. Remember the only dumb question is the one you did not ask. Also, remember that you are responsible for your safety. Knowledge is power. Keep yourself safe, know how and what to do in case of emergency. Emergency and Disaster Planning Recent events have reinforced the critical need for preplanning for emergencies whether they are man-made or natural in origin. Effective preplanning and emergency procedures can save lives and business property. OSHA requires a written emergency evacuation plan for fire for most employers. OSHA also requires a separate written emergency plan for businesses that fall within the scope of their Hazardous Waste Operations and Emergency Response (HAZWOPER) standard. Emergencies: Criminal: Robbeiy Sabotage Riots Extortion (bomb threats.) Natural disasters: Floods Brush fires Dust storms Heavy thunderstorms . Earthquakes. Tornadoes Hurricanes Blizzards Accidents: Fire © 2009 EEAP MAY NOT BE REPRODUCED 800,734.3574 / www.eeap.net Page 6 Employee Employer Assistance Programs, Inc., Est.1991 TEc rRANs, INC, Explosion Hazardous material spills Vehicle crashes Major mechanical failure (Air conditioning) Structural failures Planning For Emergencies The OSHA standards specify the following minimum requirements for emergency plans in response to fire: Emergency escape procedures and emergency escape route assignments. Procedures to be followed by employees who remain to operate critical plant operations before they evacuate. Procedures to account for all employees after emergency evacuation has been completed. Rescue and medical duties for those employees who are to perform them. The preferred means of reporting fires and other emergencies. Names or regular job titles of persons or departhnents who can be contacted for further information or explanation of duties under the plan. These elements required by OSHA are also generally applicable to all emergency planning. There are separate and similar requirements for emergencies from spills of hazardous materials under their HAZWOPER standard. Under HAZWOPER, a chemical spill represents an emergency if it poses an inunediate'threat to the health and safety of workers in the vicinity of the spill or an immediate threat to the environment. This does not include minor spills or normal maintenance activities. For,example, spillage of 500 gallons of the chemical Toluene from a cracked bulk storage tank represents both a health and fire hazard while spillage of 5 gallons of paint containing Toluene does not represent an emergency, only a housekeeping problem. The HAZWOPER standard requires that all facilities with the potential for spills of hazardous materials or hazardous wastes have a written emergency plan. The written plan must include: Pre -emergency planning. .Personnel roles, lines of authority, training;,and connnunic.ation:.:. O 2009 E_EAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeap.net Page 7 ' Employee Employer Assistance Programs, Inc., Est.1991 TOC TRA NS, INC, Safe distances and places of refuge.. Site security and control. Evacuation routes and procedures. Decontamination. Emergency medical treatment and facilities. Emergency alerting and response procedures. As has been noted, there are many common elements between the emergency plans for hazardous material incidents and the emergency plans for fire. Preplanning; Preplanning includes an assessment of the type and extent of emergencies that are likely to occur. This will usually result in the development of plans for assistance from outside agencies such' as the fire service, police, and area hospitals or clinics. This support may be evidenced by written agreements or other forms of cooperation and preplanning. One excellent technique is the involvement of emergency services in training drills. This allows for familiarization with your situation, personnel, and capabilities. • © 2009 EEAP MAY NOT BE REPRODUCED. 800.734.3574 / www.eeab.net Page 8 Employee Employer Assistance Programs, Inc., Est.1991 TECT'R4FVS, 6WC. Chain Of Command: The establishment of personnel roles and lines of authority are very important elements in emergency planning. Confusion is a major hazard during emergency .evacuations or responses. To avoid a "Keystone Cops" event, it is very important to establish a chain of command during your emergency planning, This includes designation of a person in charge. This person would normally have responsibility to: Assess the situation to determine if there is a need to h itiate emergency procedures. Direct all efforts in the area to include evacuations of personnel and steps necessary to minimize property damage. . Direct the shutdown of critical operations as necessary. Obtain the services •of outside help such as fire and medical (i.e., ambulance.) The designated emergency coordinator would then assign responsibilities to others as needed. However, it is important to have a leader who is clearly in charge rather than a group effort, The general scheme follows the Incident Cornrnand System (ICS) which is used by the fire service and military to handle emergencies. Communications: Communications can easily become disrupted during an emergency due to lack of power, storm damage, fire damage, etc. Therefore, it is important to have alternative means available such as hand held two way radios, cellular phones, bull horns, etc, One other aspect that is also important is a list of key persorurel and their home telephone or beeper numbers and agencies to contact in case of emergency. This would probably include the following: Critical personnel (i.e., Manager, maintenance, security, etc.) 'Fire Police Ambulance ' Clinics and hospitals © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeap.net Page 9 • Employee Employer Assistance Programs, Inc., Est.1991 T"ECTRAArs, INC. Utilities Clean up contractors Shut -Down Procedures: Written shut -down procedures should be included in the emergency plan. These may be necessary for powered equipment, computers, ATM's, security equipment, Vaults, utilities, boilers, reactor vessels, etc., to reduce the probability of secondary damage and protect vital information in the event of an evacuation. These procedures should also be posted or readily available and personnel prearranged for these roles. Evacuation Routes and Places of Refuge: It is very important that all employees know their routes of evacuation within the Company or area in the event of an emergency. These evacuation routes are best learned through announced and unannounced drills. Additionally, these plans should be posted by area. This should be done using floor or area maps that are easily understood. Routing for fire evacuation must be through lower risk areas (less chance afire) to an outside exit.Employees should also be provided with alternate routes of egress in case the primary routes are blocked. For some emergencies, off -site routing and places of refuge may be necessary (i.e., earthquake, or possibility of explosion.) In some cases, this can mean distances of over a mile (i.e., rail car deraihnent of butane, • freeway truck accident of butane or other chemical). Remember the unexpected is what we are also planning for. Even though some emergencies seern very unlikely, being prepared is the best answer. Site Security and Control: For many emergencies, site security is important to prevent inadvertent or unauthorized access to plan property. Off -limit areas should be established at a safe distance as soon as possible. This is best done using preprinted hazard tape, ropes, signs, or other visible barriers or means of warning. Critical business records may also need to be removed and protected. This must be done in a fashion that does not jeopardize personnel. Obviously, it is best to have critical records duplicated and stored off-site.in a secure area. © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www•eeap.net Page IO - Employee Employer Assistance Programs, Inc., Est.1991 TECTRANS, INC, Emergency Teams: Emergency teams may be established for response to fires, violence, chemical spills, and other emergencies. If they are used, the regulations require that they have specific training to qualify them for their assigned roles. The specifics of the training requirements are contained within the regulations. Follow -Up Actions after Emergencies: The major follow-up action afterr an emergency is over is to determine what was done well and where improvements might be made. Questions that should be asked include: How effectively was the emergency assessed? How effectively was the information passed on to other personnel? Was someone in charge and were they effective? Was outside assistance called in a timely fashion and were they effectively directed to the areas of need? Did the alarm system work as designed? Did the evacuation scheme work as planned? Were shut -down procedures followed in a timely and effective manner? Were corMnunications adequately maintained? If a response team was used, did they perform. efficiently? Was there adequate emergency equipment available? Did equipment function properly? Was the media (always a hazard) handled properly? In general, determine what changes should be made to allow for a better response the next.time.;:There isan old axiom which. states:thatyou learn best from your mistakes; In the case of emergencies, it is important that most of the learning process come from • drills since lives are stake.'The ke}ris to pr'e plan rather than"to neact: © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeao.net Page 11 Employee Employer Assistance Programs, Inc., Est.1991 TOCTRAM,S, INC. Emergency Action Plan Form LOCATION: Tectrans, Inc. EMERGENCY ESCAPE ROUTES FOR THIS LOCATION: CRITICAL OPERATIONS TO BE PERFORMED BEFORE EVACUATION: PROCEDURES TO ACCOUNT FOR ALL EMPLOYEES AFTER EVACUATION RESCUE AND MEDICAL DUTIES OF EMPLOYEES ASSIGNED TO PERFORM THEM: MEANS OF REPORTING FIRES AND OTHER EMERGENCIES NAMES/JOB TITLES OF PERSONS TO BE CONTACTED FOR FURTHER INFORMATION: . © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeap.net Page 12. Employee Employer Assistance Programs, Inc., Est.1991 TECTRAFtIS, INC. Sample Emergency Action Plan Emergency Action Plan: This plan shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies. 1. Emergency escape procedures and emergency escape route assignments: a. Site map, with escape routes and meeting place. 2. Procedure to be followed by employees who remain to operate critical plant operations before they evacuate: a. List of critical operations. i. Turn of Gas, ii. Turn of Water. iii. Turn of Electrical. iv. Get back up tape of computer system. b. Who is to perforrn the operations? 3. A procedure to account for all employees after emergency evacuation has been completed. a. Time cards. b. Company roster. c. Department roster. 4. Rescue and medical duties for those employees who are to perform them: a. Who is first aid trained. b. Who is CPR trained, c. Does the Company have a rescue team? 5. The preferred means of reporting fires and other emergencies; a. 911. 6• Names and regular job titles of persons or departments who can be contacted. for further information or explanation of duties under this plan. Alarm System. 1. Employer shall establish an employee alarm system, which complies with Article 165, 2. If the Alann system is used for alerting fire brigade members, or for .other • purposes, a distinctive signal for'each purpose shall, be used. © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574/ www.eeap.net Page 13 Employee Employer Assistance Programs, Inc., Est.1991 TECTR.4NS, Evacuation. 1. Employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances. Training. 1. Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees. a, Train and select and Emergency action team. b. Select enough members of the team to insure that all areas are covered. 2. The employer shall advise each employee of his/her responsibility under the plan at the following times: a. Initially when the plan is developed, i. When we start our support ii. When a company buys our book. b. Whenever the employee's responsibilities or designated actions under the plan change, and c. When ever the plan is changed. 3. The employer shall review with each employee upon initial assigmnent those parts of the plan, which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. For those employers with 10 of ewer employees the plan may be communicated orally and the employer need not maintain a written plan. © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeap.net Page 14 Employee Employer Assistance Programs, Inc., Est.1991 Emergency Action Plan • u Tectrans, inc. TECTRANS, fArC. Emergency Action Plan Purpose Tectrans, Inc.. is dedicated to the protection of its employees from emergencies such as earthquakes and fires. When emergencies do occur, our Emergency Action Plan (EAP) is initiated. This EAP is in place to ensure employee safety from emergencies during regular hours and after hours. It provides a written document detailing and organizing the actions and procedures to be followed by employees in case of a workplace emergency. OSHA's iEmergency Action Plan requirements, found at CCRTB 3220 and 29 CFR 1910.38(a), require our company to have a written emergency action plan (EAP). This plan applies to all operations in our company where employees may encounter an emergency situation. The EAP communicates to employees, policies and procedures to follow in emergencies. This written plan is available, upon request, to employees, their designated representatives, and any OSHA officials who ask to see it. A, drninistra tive Duties Todd Baker or designee is the EAP Administrator and has overall responsibility for the plan, This responsibility includes the following: Developing and maintaining a written Emergency Action Plan (EAP) for regular and after hours work conditions; Notifying the proper rescue and law enforcement authorities and the building owner/superintendent in the event of an emergency affecting the facility Taking security measures to protect employees Distributing procedures for reporting emergencies, the location of safe exits, and evacuation routes to employees Training designated employees in emergency response such as the use of fire extinguishers and the application of first ald Deciding which emergency response to initiate (evacuate or not) Maintaining records and property as necessary,;and . .:.::_,,,:,•;,= Todd•Baker Is rresponsible for reviewing and updating -the plan as' nec• essary: If, -after reading -this „... plan, you find that improvements can be made, .please contact the Plan Administrator or the • Alternate Plan Administrator. We encourage all suggestions because we are committed to the success of our 'Emergncy'ction Plan..We strive,#orc•clear understanding, safe behavior, and involvement in the program from every' level of the cd'mpany. �• Cr 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeao.net- Page 16 . Employee Employer. Assistance Programs, Inc., Est,1991 rEC rRA NS, INC, Potential Emergency Types The Plan Administrator (or designate) has full authority to decide to implement the EAP if he/she believes an emergency might threaten human health. The following potential emergencies might reasonably be expected at this facility and thus call for the implementation of this EAP: 1. Fire 2. Earthquake 3. Hazardous Material Release 4. Civil Disturbance 5. Severe Weather Conditions Contacts The following personnel can be contacted regarding further information about duties under this written. Emergency Action Plan: 1. EAP Administrator: Todd Baker 2. Alternate EAP Administrator : 3. 2nd Alternate EAP Administrator : Key Management mobile telephone numbers are given to supervisors for immediate use in the event of an emergency. These telephone numbers include: Key management member: Telephone number: Todd Baker. (310) 261-4807 Alternate EAP Administrator :;%=v=r• =,' 2nd Alternate ,-/,5j„4:,-77: Alarms We have established an employee alarm system that complies with 29 CFR 1910.165 and CAL/OSHA. Our company uses a public address system to notify at employees in case of an emergency. Because we use a communication system as an alarm system, all emergency messages have priority over all non -emergency messages. f We have posted the following emergency telephone numbers near telephones, emergency notice boards, and other conspicuous locations for use when telephones serve as a means of reporting emergencies: Emergency responder: Telephone number: Key Management, supervisors See above in contacts Main Office (Inside extension) ::: .:.... ...... • ..._...,...:,, ..:• ,:, Main Office (outside line) (310) 261-4807 Police, Fire Department, Ambulance Service,;.;;::".`_".•' Hazardous Material Release ". l""'' , _ • .. .. tier-�• © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeep.net Page 17 . Employee Employer Assistance Programs, Inc., Est.1991 $�CTRANS, INC, Emergency Reporting In the Event of an Emergency Requiring Evacuation When employees detect an emergency that requires an evacuation, they should immediately call or direct another employee to call the shift supervisor. Depending on the situation or severity of the emergency, follow the supervisors' instructions and begin egress of the effected areas. If a supervisor cannot be located immediately, the employee is responsible for initiating evacuation of the effected area and is responsible for immediately notifying Key Management and other personnel to initiate evacuation procedures in all other effected areas. When Supervisors or Key• Management personnel (as listed in the previous section) are contacted during an emergency, they will take responsibility for notifying the proper rescue or law enforcement authorities. Evacuation Procedures Some emergencies require evacuation or escape procedures, while some require employees to stay indoors, or in a safe area. Nothing in these procedures precludes the Plan Administrator's authority in determining whether employees should remain inside or evacuate. At this company, the following types of emergency evacuations exist: 1. Immediate and Total 1.1. The immediate and total evacuation of all personnel, 2. Immediate and Partial 2.1, The immediate and partial evacuation of personnel from effected areas of the facility or designated areas 3. Delayed and Partial 3.1. The delayed evacuation of personnel from an area or designated areas of the facility • (i.e: due to•slow flood or weather conditions, impending civil unrest, or other non - immediate dangers) 4. Delayed and Total 4.1. The delayed and total evacuation of all personnel Our emergency escape procedures and assignments are designed to respond to many potential emergencies that require them; employees need to .know what to do if they are alerted to a specific emergency, After an alarm is sounded to evacuate, employees should take the following steps: 1. Cease work and proceed to the nearest available and safe exit to leave the facility 2. Escort any visiting or public personnel, assist with any persons) with disabilities that may require assistance 3. Shut interior doors or windows'if you are the last person to leave your area 4. Proceed to the designated meeting point and report to your designated supervisor. If your designated supervisor is not available, another supervisor or management personnel should be notified of your presence, ,-See' the reppendix'fora copy .of the building plans with means of.•egress,procerluresforeacht• r;+ r .:$,•r group evacuating an area or building, , • ;;:Once evacuated, ,employees -are to head toward their designated exterior or safe area, where a headcount will -be :performedv•land•further •Instructions iven;`sThe..following iTa•list•of:.,extenor `'::::.• refuges/safe zones: © 2009 EEAP • MAY NOT BE REPRODUCED. 800.734.3574 / www.eeap.net Page 18 Employee Employer Assistance Programs, Inc., Est.1991 TEC TRAINS, INC. Departmental group: All. areas &':Group°s Designated safe area: Fill to teeting"place Procedures to Account for Emp oyees Evacuation personnel assist in safe and orderly evacuation for all types of emergencies that require evacuation. Once evacuation is complete, they conduct head counts. The employees selected are trained in the complete workplace layout and the various alternative escape routes from the workplace. Before leaving, these employees check rooms and other enclosed spaces in the workplace for employees who may be trapped or otherwise unable to evacuate the area. Key Management Personnel and / or Supervisors will designate individuals to perform these duties, These assignments may change from time to time depending on vacation schedules and work shifts, if you are designated as a selected evacuation person, please understand and ask questions about this EAP before accepting responsibility, Contact the Plan Administrator or the Alternate Plan Administrator if you have questions or do not understand your responsibilities. Designees will have a knowledge, understanding, and ability to perform the following duties: Direct and assist in safe and orderly emergency evacuation, Provide guidance and instruction for different types of emergency situations, Be aware of employees with special needs who may require extra assistance, How to use the buddy system, and Avoid hazardous areas during an emergency evacuation. Frontline supervisors must be aware of the locations, of those employees working on a particular day, as well as suppliers, customers, and other non -employees on the premises, when an emergency occurs, and be aware of who is absent or otherwise away from the premises. Accounting for.employees and non-employees.will aid local responding fire/rescue departments in determining whether rescue efforts are necessary. We use a computerized employee tracking system to log when an employee reports to work and when that employee leaves. This list will be retrieved by office staff in the event of an emergency to facilitate an accurate head count, If the list is unavailable or power failure preventa accessing this list, each supervisor should have previous knowledge of which employees are present during any given work shift / day to .complete a head count should an emergency occur. Once each evacuated group of employees have reached their evacuation destinations, each designated evacuation employee: Takes roll of his or her group, Makes sure all persons are accounted for, Reports in to the supervisor on duty and . Assumes role of department contact to answer questions, Head count results should' be given to the Fire Chief, Firefighter, or Law Enforcement Officer, if requested. © 2009 EEAP MAY NOT BE REPRODUCED 800,734.3574 / www.eeap.net Page 19 Employee Employer Assistance Programs, Inc., Est.1991 TECTRANS, No employees are' to' return to the buildings until advised by the Plan Administrator or designate after determination has been made that such re-entry is 'safe. If anyone is injured or contaminated, the Plan Administrator will activate rescue and first aid actions. If an emergency incident expands, the EAP Administrator may send employees home by normal means or move them to a new location. Non -Evacuation Emergency Procedures Non -evacuation emergencies could include small spills or small fires, any emergency where it would not be safe for employees to evacuate, or they need not evacuate. Procedures may involve proceeding te the nearest shelter, or moving to a different area a safe distance from the emergency.. The Plan Administrator or the shift supervisor will provide instructions and guidance on which steps to take and what types of evacuation (if necessary) should be performed. Critical Operations Our facility does not have any crifical operations �vii'Ieh employees are;r..etautre� Piafi Act'rrzinistrator Duties During an emergency the Plan Administrator will do the following: Assess the situation to determine whether an emergency exists requiring activation of emergency procedures. Supervise at efforts, including evacuating employees. Call outside emergency services. Take measures to contain the hazard and prevent its spread. Direct the shutdown of facility operations when required. If the emergency is a hazardous material spill: ensure that the hazardous material is collected, treated, and disposed properly; ensure that emergency equipment is restored; investigate the cause of the emergency; notify authorities, if required. Training Our Plan Administrator or designate reviews with each of our employees at the following times, those parts of the Emergency Action Plan that employees must know to protect themselves in the event of an emergency: Initially when the plan is developed Whenever a new employee is hired iJr, Whenever an employee's responsibilities or designated actions under the plan change © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / www.eeao.net Page 20 Employee Employer Assistance Programs, Inc., Est.1991 TECTRANS, INC. Whenever new equipment, materials, or processes are introduced into the workplace that affect this EAP Whenever the layout or design or the facility changes, and' Whenever the plan is changed. Training topics include: • . Employee roles and responsibilities Notification, warning, and communications procedures Emergency exits Evacuation and accountability procedures Location and use of common emergency equipment We communicate the contents of this plan through annual training and when a new employee completes orientation. Appendices We have attached to this Emergency Action Plan, the following document for reference to ensure a better understanding of our written program: ability,ma mergehcy,{tciiora Forrri © 2009 EEAP MAY NOT BE REPRODUCED 800.734.3574 / wvdw.eeap.net . Page 21 . Employee Employer Assistance Programs, Inc., Est.1991 TEC TRA NS, INC. APPENDIX A: CHECKLISTS & REFERENCE LIST Required Information Information Required Responsible Person for EAP (Administrator for EAP) Alternate EAP Name, Location or process 2°d Alternate EAP Emergency Responder Information Emergency Meeting Place. Alarms. What kind and how used. Critical Operations required when Evacuating Facility map. TECTRANS FEDERAL TRANSIT ADMINISTRATION DRUG AND ALCOHOL TESTING PROGRAM POLICY ADOPTION STATEMENT: This policy has been approved by TECTRANS, this day of , 2010 in compliance with the US Department of Transportation & Federal Transit Administration regulations 49 CFR Part 40 and 655, Signature: Date: TECTRAN•S•FTASUBSTANCE ABUSE POLICY 1.0 STATEMENT OF PURPOSE: TECTRANS has established a substance abuse policy in accordance with the Omnibus Transportation Employee Testing Act of 1991, the Department of Transportation (DOT), and the Federal Transit Administration (FTA) Regulations (49 CFR Parts 40 and 655). These regulations require that drug and alcohol testing be performed on employees who perform safety -sensitive functions as defined under these mandated statutes. Furthermore, any applicant with a positive pre -employment drug test, or who refuses to test will be considered.ineligible for employment with.TECTRANS. These regulations ' further protect the employee and the integrity of the drug and alcohol testing process, safeguard the validity of the test results, and ensure that the test results are attributed to the correct employee. Non-compliance with this policy and/or a violation of the DOT/FTA drug and alcohol misuse regulations may result in disciplinary action, up through and including termination. 2.0 SCOPE OF POLICY: TECTRANS personnel who perform safety sensitive functions are required to submit to drug and alcohol testing in accordance with the DOT/FTA regulations (49 CFR Part 40 and 655) that comprise this policy. Furthermore, all TECTRANS applicants who apply for a position that has been designated safety -sensitive are also covered by this DOT/FTA policy, Sections of this policy that do not •refer specifically to DOT/FTA regulations are noted in italics, 3.0 COVERED CATEGORIES OF EMPLOYEES: Effective January 1, 1996 the Department of Transportation and the Federal Transit Administration drug and alcohol testing rules apply to employees of transit authorities receiving federal funds under 49 U.S.C. 5307, 5309 or 5311 or 23 U.S.0 103 (e) (4). These regulations were extended to contractors who act in the stead of the transit - authority when performing functions that would be classified as safety -sensitive if performed by an employee of the transit authority. The safety -sensitive positions related to employees' who operate, maintain, 'and/or are involved with specified transit/revenue service vehicles and comprise any of the following duties are subject to these provisions: Operating'..a•revenue:service•:vehicle, including whennot m re,venue service (Drivers);;,•1i:. 2. i Operating-a<non4revenue service vehicle, Wl en;re.quired ,to b`e ope,rated.by-;a holder: , •. , - of a commercial driver's license; (Drivers) 3. Controlling dispatch or movement of a revenue service vehicle, (Dispatchers & Driver's Aides) 4. Maintaining a revenue service vehicle or equipment used in revenue service, (Mechanics) 5. Operator Trainers, Road Supervisors & Managers 4.0 PROHIBITED CONDUCT: A. Alcohol: 1. A covered employee is required to submit to an alcohol test in the following circumstances:• • Random; • Post Accident; • Reasonable suspicion; • Return to duty; • Follow Up 2. Covered employees are prohibited from using alcohol if: • the employee is performing; • the employee is about to perform; or • the employee is immediately available to perform; a Safety -sensitive function. An employee (covered) who performs a safety sensitive function is prohibited from using alcohol within four (4) hours prior to performing any safety -sensitive duty. A covered employee is subject to random and reasonable suspicion testing for alcohoi just before performing a safety sensitive function, during the performance of a safety sensitive function, or just after ceasing the performance of a safety sensitive function. 3. Covered employees are prohibited from reporting for duty, from performing a safety -sensitive function, and/or continuing to perform a safety -sensitive function with a breath alcohol concentration of 0.04 or greater. 4. Covered employees who are found to have a breath. alcohol concentration of 0.02 or greater but less than 0.04 will not perform or continue to perform a safety -sensitive function, until • ! the_employee's breath alcohol corlcentratrori meeeures less than oh a confirmation test given within eight 8 hoiarsof festin' positive wi 9� 9 O 9P an.alcohol concentration of greater than 0.02 lout less than 0.04 or the start of the employee's next regularly scheduled duty period, but not less than eight (8) hours following administration of the test. 5. On -call employees are prohibited from using alcohol for the duration of their on -call status. On -call employees will be given an opportunity to acknowledge the use of alcohol at the time that the employee reports for duty and the inability to perform the safety -sensitive function. If the on -call employee acknowledges the use of alcohol, but claims the ability to perform the function, the covered employee is required to take a breath alcohol test prior to performing the safety sensitive function. 6. Covered employees shall riot refuse to take a breath alcohol test for any FTA mandated test under these provisions. A covered employee that refuses to take any mandated alcohol test under these provisions will be deemed a "Refusal to Test". Covered employees are prohibited from the use of alcohol following an accident when the employee is required to take a post -accident alcohol test within eight (8) hours following the accident or until the employee undergoes a post -accident alcohol test, whichever occurs first. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. 8. Covered employees are prohibited from the possession or use of alcohol on any TECTRANS premises/property. 9. TECTRANS prohibits a covered employee from using alcohol within four (4) hours prior to performing safety sensitive duties. Having actual knowledge that a covered employee is using alcohol while performing or has used alcohol within four (4) hours of performing a safety -sensitive functions, Tectrans shall not permit the employee to perform or continue to perform safety -sensitive functions. B. Drugs: 1. A covered employee is required to submit for a drug test in the following circumstances: • Pre -employment. • Random; - - Post Accident; • Reasonable suspicion; • ''Return to duty; and • Follow Up An applicant who applies for a safety -sensitive position must undergo a pre -employment drug test with a negative result prior to the first time they perform safety sensitive duties. 2. Covered employees are prohibited at all times from the use of the five prohibited drugs and shall be randomly selected at any time while on duty to submit to drug testing for the following drugs and drug metabolites: • Marijuana; • Cocaine; Opiates • Amphetamines; and • Phencyclidine (PCP). • 3. Covered employees shall not refuse to take a drug test for any FTA mandated test under these provisions. A refusal to test includes providing a specimen that is adulterated or substituted. A covered employee who refuses to take any mandated drug test under these provisions will be deemed a "Refusal to Test". 4. Covered employees who are required to submit to post accident drug testing will remain readily available for a period of 32 hours after an accident or until the drug test isadministered, whichever comes first. • Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident. 5. Covered employees are prohibited from the manufacture, distribution, dispensing, and possession of controlled substances at all times. 6, Covered employees are prohibited from the use of any illegal controlled substance regardless of the source. A covered employee should notify TECTRANS when taking prescription or over-the-counter medications that may cause affect performing safety sensitive duties. 5.0 TESTING: A. Drugs: .The drug test, - under DOT regulations; consists ofa`uriri'drug collection' .._ analyzed..for the presence of the five identified. d.rugs;andydrgg petaybo,li.tes,.vU.r,.i tp -- analysis-al'so :includes validity testing forichem'icals used; rn o IUlteratrng urine or for the detection of substituted urine. • • Urine specimen collection and urine analysis shall be conducted in accordance with the procedures delineated in 49 CFR 40. • The first part of the process is the urine drug collection at a collection site meeting the DOT requirements. A split specimen is collected; that is, two bottles • are generated during the collection process —primary and split. The specimens are sent to a Department of Health and Human Services (DHHS) certified laboratory that ensures that the testing is scientifically valid for the five drugs, ph, creatinine, specific gravity, and various adulterants, The laboratory will test all primary specimens for dilution, substitution, and adulteration. If the initial screening is positive for one ormore of the five identified substances, a confirmation test is then performed for each identified drug utilizing gas chromatography/mass spectrometry (GC/MS) analysis. The second part of the process is conducted by a certified Medical Review .Officer (MRO). For positive test results and specimens identified as "substituted/adulterated", the MRO will interview the employee and review the test before making a final confirmation. A covered employee can challenge an MRO confirmed positive or substituted/adulterated test result by requesting that the split bottle be tested. The request for a split test must be made by the employee directly to the MRO within 72 hours of the time of notification of a positive test or refusal to test because of adulteration or substitution. The Federal Drug Testing Custody and Control Form (CCF) must be used to document every urine collection required by the DOT/FTA drug testing program. The CCF must be a five -part carbonless manifold form that details each step of the collection, verification, and copy distribution process, The CCF can only be modified in certain circumstances pursuant to 49 CFR Part 40,45 (c). Under no circumstances may the CCF transmit any employee personal identifying information other than the social security number or employee ID number to the laboratory. The inability to provide a urine specimen (shy bladder) will result in a refusal to test if a physician cannot verify that a legitimate medical condition existed. B. Alcohol: An evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) is utilized to conduct alcohol screening and confirmation tests in accordance with DOT regulation, A breath alcohol test •is conducted by_a Certified Breath Alcohol_Teehnieian (BAT) at acollectionvsite- that meets DOT requirements. The breath alcohol testing must conform to 49 y xy ....:.CFR 49 +A: DOT:alcohol testing form (ATF) is,completed%and-tt e_results • recorded on that form according to DOT'r`egulations. Up to two breath tests are required for a DOT:test. The first test is considered the initial screening test. If a breath alcohol concentration is below 0.02, no further Testing is required. .If a breath alcohol concentration is 0.02 or greater on the first test, a confirmation test (second breath test) is required. When a confirmation test is required, any actions taken will be based on the confirmation test result. The inability to provide adequate breath for the alcohol test (shy lung) will result in a refusal to test if a physician cannot verify that a legitimate medical condition existed. C. Types of Tests Required Pre -employment (drug test only): 1. An applicant who is applying for employment to a safety sensitive position must pass DOT pre -employment drug test with verified negative results. If the applicant receives a verified positive test result on test or refuses to test, employment in the safety -sensitive position shall be denied. An applicant or covered employee whose pre -employment drug test is canceled or invalid is required to take another pre -employment drug test with a verified negative result prior to commencing any safety -sensitive function. 3. An employee who is re -assigned, promoted, or transferred to a safety - sensitive position must pass DOT pre -employment drug test with verified negative results prior to starting the safety -sensitive position, If the employee receives a verified positive test result, the employee may not be re -assigned, promoted, or transferred to the position and TECTRANS shall take the appropriate action as prescribed under TECTRANS Drug Policy, "Consequences of a Positive Drug Test". An applicant or covered employee who has previously failed a DOT drug or alcohol test must have evidence of successfully completing the DOT referral, evaluation and treatment plan (Return lb Duty) prior to commencing a safety -sensitive position. 5. A covered employee (existing or new hire) who has not performed a safety sensitive function for a duration of,90-consecutive days or more, and has - - been<removed :(or not enrolled e g new hires) from the safety sensitive ;random pool:during:that: time must submitto a DOTpre employmerit'drog' test:withla verified negative• result pfibr:•to'comrnencmgtheir safety sensitive functions. Two Year DOT Substance Abuse Background Check TECTRANS shall obtain information on an applicant's substance abuse history within the preceding two years that are maintained by the covered applicant's previous transportation employer(s) pursuant to these regulations, Each applicant shall also be required to notify TECTRANS if they have tested positive on a pre -employment test for a Tectrans that did not hire them. TECTRANS reserves the right to re-evaluate the employees job status based on the information received from the background checks. Reasonable Suspicion Testing A covered employee will be subject to reasonable suspicion'drug use and alcohol misuse testing when the employer has a reasonable suspicion to believe that the covered employee has used a prohibited rug and/or engaged in alcohol misuse. 1. A TECTRANS Supervisor(s), trained in detecting the signs and symptoms of drug use and alcohol misuse, must determine that reasonable suspicion exists and shall be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. 2. The supervisor can direct a covered employee to undergo reasonable suspicion testing for alcohol when the observations (as defined in #1 above) are made while the employee is performing safety -sensitive functions; just before the employee is to perform safety -sensitive functions; or just after the employee has ceased performing such functions. Post -Accident Testing: Fatal Accidents: As soon as practicable following an accident involving the loss of human life, an employer shall conduct drug and alcohol testing on each surviving covered employee operating the mass transit vehicle at the time of the accident. An employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident, as determined by the :-em.ployer.-using•.the-best information avaiiabl.e'at'the'time ofahedecision::.-. Non -Fatal Accidents: •'As soon as practicable following an accident not involving the lost of human life :. :. ,:. in which a transit vehicle is involved,,the`employer shall drug,and alcohol test each covered employee operating the mass transit vehicle at the time of the accident, unless the employerdetermines, using the best information available at the time of the decision, that the covered employee's performance can be completely discounted as a contributing factor to the accident. The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. Drug and alcohol testing will occur if there is any disabling damage to the mass transit vehicle (rubber tire, rail, or vessel) that requires any vehicle to be towed or any mass transit vehicle to be removed from revenue service. If a required breath alcohol test is not administered within two (2) hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a required breath alcohol test is not administered 'within eight (8) hours following the accident, the employer shall cease attempts to administer the alcohol test and update.the two hour written record. If a vehicle accident result in anyone being removed from the scene of the accident for reason of treatment of injury, the involved employee will be required to submit to Post Accident testing as required under DOT guide lines. All Post Accident testing will be conducted under escort. TECTRANS shall ensure that a covered employee will be drug tested as soon as practicable but within 32 hours of the accident. A covered employee who is subject to post -accident testing who fails to remain readily available for such testing, including notifying TECTRANS or TECTRANS' representative of his or her location, if he or she leaves the scene of the accident prior to submission to such test, may be deemed by TECTRANS to have refusec to submit to testing. In either a fatal or non -fatal accident, there is nothing that shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Random Testing: .:...:Federal:T,ransit.Administration regulations require_that-ally.cover:,ed...em;ployees.:are:.„ subject to random drug use and alcohol misuse testing under this policy. '`- The'selection-of employees for random drug and`alco'hol"testing''(50% of tfie rug'and 10%.of-the,alcohol testtpool,. respectively) shall be made by a scientifically valid method, such as a random: number table or a computer-based';random: nu;mber.'generator;that.is.. matched with employees' Social Security numbers, payroll identification numbers, or other comparable .identifying numbers.. Under the.selection process used, each covered employee shall have an equal chance of being tested each time selections are made. Random drug and alcohol tests will be unannounced and immediate, and the dates for administering random tests will be spread reasonably throughout the calendar year. Random testing will be conducted on all days and hours during the time that safety - sensitive functions are performed, including holidays and weekends. Random testing for drugs can be performed anytime the employee is on duty, Random testing for alcohol can be performed just before, during or after performing safety sensitive duties. Once an employee has been notified that they are to take a Random Drug Test, the date and time of the notification is to be recorded. The employee is to be escorted to the predetermined collection facility. The employee is to report to this location within a time frame which is consistent with normal travel time, • E. Return -To -Duty Testing: For a covered employee who refuses to submit to a test, has a verified positive drug test result,.and/or has a confirmed alcohol test result of 0.04 or greater, TECTRANS will require that the employee pass a drug and/or alcohol test (pursuant to procedures outlined in 49 CFR Part 40, Subpart O).with a verified negative result before returning to duty to perform a safety-sensitive•function, - F. Follow Up Testing: A covered employee will be subject to follow up testing who returns to duty as specified in 49 CFR Part 40, Subpart 0). D. Refusal to Submit: A covered employee who refuses to submit to DOT/FTA drug or alcohol testing as required by DOT/FTA regulations, shall be prohibited .from performing or continuing to perform safety -sensitive functions. A refusal to submit to drug or alcohol testing will be treated the same as a positive drug or alcohol test result. Under the DOT/FTA regulations, a covered employee is subject to disciplinary action in the event that he/she refuses to take a DOT/FTA drug or alcohol test. A refusal to test for any non -DOT drug or alcohol test administered by TECTRANS does not constitute a refusal to test under the DOT/FTA regulations. Any conduct or behavior as defined in the following list constitutes a refusal to test under DOT/FTA regulations and will be .deemed, a verified positive .drug or alcohol test when.,the...covered empjeyee:;_;::;. • :Fails to•appearfor•any test (except a:pre_-employment test)_��ithin 60,;minutes •sof no..tification'that�he/she•has.been seleetedrfor$a''DQT/FTA drug-and/or'alcoho' 'test. . • Failure to remain at the.testing site until the testing process is complete; an employee who leaves the testing site before the testing process commences for a pre -employment test is not deemed to have refused to test; • Fails to provide a urine specimen for any drug test or an adequate amount of breath for any alcohol test required by this part or DOT agency regulations; an employee who does not provide a urine specimen and/or an adequate amount of breath because he/she has left the testing site before the testing process commences for a pre -employment test is not deemed to have refused to test; • Falls to permit the observation or monitoring of a specimen collection in the case of a directly observed or monitored drug test; • Fails to provide a sufficient amount of.urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; • Fails or declines to take a second drug test that TECTRANS or the collector has directed the covered employee to take; • Fails to undergo a medical examination or evaluation, as directed by the MRO as part f the verification process, or as directed by TECTRANS DER under 49 CFR Part 40.193(d). In the case of a pre -employment drug test, the covered employee is deemed to have refused to test on this basis only if the pre- employment test is conducted following a contingent offer of employment; • Fails to undergo a medical examination or evaluation, as directed by TECTRANS as part of the insufficient breath procedures outlined at 49 CFR Part 40.265(c); • Fails to sign the certification at Step 2 of the ATF; • Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); or • If the MRO reports that you have a verified adulterated or substituted test result. 6.0 Returning An Employee to Work: After receiving a verified positive drug test result, a refusal to test, and/or a confirmed alcohol test result of 0.04 or greater, a TECTRANS employee will be referred to a Substance Abuse Professional who will conduct a face to face evaluation and recommend education/treatment. A return -to -duty test will be required for any TECTRANS covered employee who is returning to duty after successfully completing the treatment plan issued by the Substance Abuse Professional (SAP). The covered employee must have a written release/letter from the SAP and a verified negative ,... < -: return -to -duty test result prior to returning to their safety=sensitive position, The return ,-,:to duty process shall follow the procedures as outlined in 49 CFR Part 40. Follow Up Testing: TECTRANS shall conduct follow up testing of each covered employee who returns to duty, ias specified by the SAP asiper 49 CFR Part 40. Follow up testing will include a minimum of six tests (no defined maximum) in the first 12 months after returning to duty, not to exceed 60 months. 6.1 Contact Information for the following MRO (Medical Review Officer) University Services Dr. Ben Gerson 10551 Decatur Rd. Suite 200 Phila PA 19154, Ph#215 637 6800 SAP (Substance Abuse Professional) Pharmatox Dr, Michael Meredith, 1143 Missouri St Fairfield CA 94533, LAB Quest Diagnostics multiple location in US 800-877-7484 Collection site As Assigned 7.0 Consequences Any covered TECTRANS employee who tests positive for any one or more of the five prohibited drugs, has a verified positive due to a refusal to test, or an alcohol concentration of 0.04 or greater will be immediately removed from his/her safety - sensitive position/duties. The covered employee will then be referred to the Substance Abuse Professional (SAP) for an evaluation, treatment, and follow-up plan. Upon successful completion of the SAP's evaluation and treatment plan, the covered employee will be returned to duty following a verified negative drug and/or alcohol test result. The employee will also be subject to.at least six follow up tests in the next 12 months. The SAP may recommend more follow up tests, but the testing period must not extend beyond 60 months Disciplinary action taken as a result of a positive drug or alcohol test, or a refusal to test, will include suspension, or may ultimately result in termination, depending on the case. A covered TECTRANS employee with a verified breath alcohol of 0.02 or greater but less than 0.04 will be removed from a safety -sensitive position until: (1) The employee's alcohol concentration measures less than 0.02; or (2) the start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. Dilute Drug Specimen If an employee's drug test is reported as "negative dilute", the employee will be immediately sent for another drug test. If the second test is negative dilute, the result will be accepted and no•further testing authorized.. 8,0 Training: Covered Employees: All covered employees shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. Supervisors: Reasonable Suspicion Training - AR supervisors of safety -sensitive employees shall , . receive.at least 6.0, minutes.of.training on the effects and, consequence.s.of..prehibited. ,: :drug use on personal health, safety, and the work environment, and on the signs and "syrnptoms'that•may indicate prohibited drug use. Furthermore, supervisors of safety- „ ._ ,1..L.sensitive:ernplo.yees shall receive reasonable suspicion training consisting of at least 60 ......... r ;::rninutes.:of:training on the physical, behavioral, and performance indicators of probable - drug use.and at least 60 minutes of training•on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. 9.0 Retention of Records TECTRANS shall maintain its drug and alcohol records in a secure location with controlled access according to the following schedule: One Year: Records of negative drug oralcohol tests. Two Years: • Records related to the collection process and employee training. Three Years: All two year substance abuse background checks. Five Years: Records of covered employees verified positive drug or alcohol test results, documentation of refusals to take required drug or alcohol tests, and covered employee referrals to the substance abuse professional, and copies of annual MIS reports submitted to the FTA. Each record shall be maintained for the specified minimum period of time as measured from the date of the creation of the record. Access to Records A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the covered employee's use of prohibited drugs or misuse of alcohol, including any records pertaining to his/her drug or alcohol tests. There shall not be any contingent employee fee for this request. TECTRANS shall permit access to all facilities utilized, data, covered employee records, and other program records compiled in complying with the requirements of these regulations to the Secretary of Transportation or any DOT agency with regulatory authority over the employer or any of its employees or a State oversight agency authorized to oversee rail fixed guideway systems, upon the Secretary's request or the respective agency's request. TECTRANS shall disclose information related to the Tectrans's drug or alcohol testing related to an accident when a request is issued by the National Transportation Safety Board as part of an accident investigation. ,..TECTRANS shall make available a covered.em.p.loyees;;records to_a subsequent_.:; ..T.ectrans or•specifically identified person upon receipt of a written request from the covered employee. TECTRANS may disclose information pertaining to a covered employee to the employee or the -decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of a drug or alcohol test under these regulations (including, but not lirriited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the covered employee). TECTRANS shall obtain information on a covered employee's verified positive drug or alcohol tests within the preceding two years that are maintained by the covered employee's previous employer(s) pursuant to these regulations, 10.0 The Designated Employer Representative (DER): The TECTRANS employee who will manage the FTA substance abuse program is the Designated Employer Representative — Jorge Flores, Director of Safety & Training Tectrans 6503 W. Century Blvd, 9th Floor, Los Angeles, CA 90045, jflores@tectransinc.com. As the DER, he has been designated to answer questions regarding this policy, the anti -drug and alcohol misuse program, and receive drug and alcohol test results. 11.0 Management Information System TECTRANS will prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, the FTA, or any State or local officials with regulatory authority over TECTRANS or any of its safety sensitive employees. The MIS report will be prepared in accordance with 49 CFR 655.72. ACKNOWLEDGMENT OFRECEIPT OFCOPY OFTECTRANG'SFTADRUG AND ALCOHOL POLICY |, hereby acknowledgetha | have been given acopy ofTECTRANS'FTADrug and Alcohol Policy, and that myrights and responsibilities with respect tothis Policy were explained to me. Signature of the.Employee Dated: • CDSNet • FMS Infosery • Diversified Transportation in Mobility Plus Transportation mployee ZEIEZDESSM2221=02.227.622GX • 12 MyTransitPluo E2. Paul's Yellow Cab Nestern Transit Systems Di Yellow Cab of Greater Orange County, ill Limousines of South Florida andbo 216, k "'. • CDSNet 4[ FMS Infosery ® Diversified Transportation m Mobility Plus Transportation A Welcome Message from our CEO • MyTransitPlus a Paul's Yellow Cab a western Transit Systems E Yellow Cab of Greater orange County • Limousines of South Florida ' Congratulations and welcome to the Company! It is an exciting time to be here and we are pleased to welcome you. As you settle into your new responsibilities, we encourage you to explore the many opportunities available to you as an employee. The informatibn in this handbook will guide you through this process, as will your supervisor and your co-workers. We have built our Company on a strong foundation of our employees' skills and expertise. You can take justifiable pride in the role you will play as part of a team focused on providing exceptional customer service to our clients as well as consistently demonstrating exceptional professional leadership in our industry. Our organization was built on the strength, creativity and integrity of our employees. We always welcome any suggestions, ideas, and comments you may have. We are pleased you have decided to join us. We hope you enjoy your relationship with our organization. Welcome aboard and best regards. Michael Griffus, Chief Executive Officer Q CDSNet la EMS Infosery ® Diversified Transportation ig Mobility Plus Transportation TABLE OF CONTENTS MyTransitPlus ® Paul's Yellow Cab r£ Western Transit Systems ra Yellow Cab of Greater Orange County E Limousines of South Florida PURPOSE OF THIS HANDBOOK A BRIEF HISTORY A. EMPLOYMENT 1. AT -WILL EMPLOYMENT 7 2. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 7 3. ELIGIBILITY REQUIREMENTS 8 4. BACKGROUND CHECKS AND INVESTIGATIONS 8 5. DEFINITIONS 9 6. INTRODUCTORY EMPLOYMENT PERIOD 7. VERIFICATION OF EMPLOYMENT 8. HUMAN RESOURCES FILES 9 10 10 9, CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT 17 B. COMPENSATION 1, PAY SCHEDULE 14 2. NON-EXEMPT OVERTIME PAY AND WORKWEEK DEFINED 15 3. TIME REPORTING 15 4. TRANSFERS AND PROMOTIONS 16 C. HOURS OF WORK 1. ATTENDANCE AND PUNCTUALITY 2. HOURS OF WORK 18 18 3. MEAL AND REST PERIODS 19 D. TIME OFF 1. PAID TIMEOFF(PTO) 20 2. HOLIDAYS 21 3. BEREAVEMENT LEAVE 4. JURY DUTY 5. MILITARY LEAVE 21 21 21 6. RELIGIOUS OBSERVANCES 22 7. FAMILY MEDICAL LEAVE (FMLA) 22 8. PREGNANCY DISABILITY LEAVE (PDL) 25 9. CALIFORNIA STATE DISABILITY INSURANCE (SDI) AND PAID FAMILY LEAVE (PFL) 26 10. PERSONAL LEAVE OF ABSENCE 11. SCHOOL LEAVE (SUSPENSION) 12. TIME OFF FOR VICTIMS OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE 13. TIME OFF FOR VICTIMS OF VIOLENT CRIMES 14. LACTATION ACCOMMODATION E. EMPLOYEE BENEFITS 1. DISCLAIMER 2. MEDICAL AND DENTAL BENEFITS 3. BENEFIT CHANGES • • 26 27 27 27 28 29 30 4.. WORKERS' COMPENSATION F. ON -THE -JOB 1. BUSINESS ETHICS AND PROFESSIONAL CONDUCT 3 30 31 CT ; N rav: 2, QUALITYSTATEMENT 3. OPEN DOOR POLICY 4. BULLYING POLICY 5. NEPOTISM POLICY E CDSNet MyTrensitPlus la EMS Infosery Paul's Yellow Cab E Diversified Transportation . E Western Transit Systems m Mobility Plus Transportation a Yellow Cah of Greater Orange County la Limousines of South Florida 31 31 33 34 6. NON-DISCRIMINATION AND ANTI -HARASSMENT POLICY 7. ATTENDANCE 8. DRESS CODE 34 37 37 9. PERSONAL APPEARANCE AND HYGIENE 38 10. EMPLOYEE CONDUCT 38 11. CORRECTIVE ACTION 39 12. JOB ABANDONMENT 39 13. VIOLENCE IN THE WORKPLACE 39 14. WEAPONS IN THE WORKPLACE 41 15. CONFIDENTIAL INFORMATION AND PROPERTY STEWARDSHIP 16. USE OF COMPUTER SYSTEMS AND COMPANY EQUIPMENT 17, E-MAIL AND INTERNET USE POLICY 18, VOICE MAIL POLICY 42 42 45 46 19. PERSONAL TELEPHONE CALLS 47 20. SOLICITATION, DISTRIBUTION AND POSTING POLICY 47 21, SMOKE-FREE/TOBACCO-FREE POLICY 47 22. SUBSTANCE ABUSE POLICY 48 G. SAFETY 1. INJURIES, ACCIDENTS, AND EMERGENCIES H, SECURITY 1. GUESTS AND VISITORS 50 51 2. CHILDREN AND PET VISITS 3. COMPANY PROPERTY 4. THEFT AND VANDALISM 51 51 51 5. INVESTIGATIONS AND SEARCHES FACILITIES 1. CLEAN ENVIRONMENT 52 53 2. WORK AREA ENVIRONMENT J. FINANCIAL POLICY 1. TRAVEL/EXPENSE POLICY 53 54 2, TRAINING, PROGRAMS, SEMINARS AND OUTSIDE ACTIVITIES K, LEAVING THE COMPANY 1. POST RESIGNATION/TERMINATION PROCEDURES 2. REDUCTION IN FORCE 54 56 56 ANNUAL ACKNOWLEDGEMENT AND AGREEMENT 4 ® COSNet • FMS Infosery • Diversified Transportation ® Mobility Plus Transportation PURPOSE OF THIS HANDBOOK • MyTransitPlus RI Paul's Yellow Cab s Western Transit Systems a Yellow Cab of Greater Orange County n Limousines of South Florida This Handbook provides employees with information about the policies and benefits of our organization. For reading ease, it will often use "the Company" when referring to Tectrans and all affiliated companies. We expect each employee to read this Handbook carefully. It is a valuable reference for understanding your job and the Company. The policies outlined in this Handbook should be regarded as management guidelines only, which, in a developing business, will require changes from time to time. The Company retains the right to make decisions involving employment as needed in order to conduct its work in a manner that is beneficial to the employees and the Company. This Handbook supersedes and replaces any and all prior Handbooks and inconsistent verbal and written policy statements, No statement or promise by a Supervisor, Manager, or Department Head may interpreted as a change in policy nor will it constitute as an agreement with an employee. Should any provision in this Handbook be found to be unenforceable and invalid, such finding does not invalidate the entire Handbook, but only the subject provision. The provisions in this Handbook or any Handbook are not intended to create contractual obligations with respect to any matters it covers. Nor is this Handbook or any Handbook intended to create a contract guaranteeing that you will be employed for any specific period of time. Recognition of these rights and prerogatives is a term and condition of employment. Nothing contained in this Handbook should be construed as a guarantee of continued employment. Employment with the Company is on an at -will basis. This means that either the employee or the Company may terminate the employment relationship at any time, for any reason. This Handbook and the information it contains are considered confidential and proprietary information of the Company and are not to be disclosed to anyone who is not an employee of the Company. To the extent that any of the policies in this Employee Handbook conflict with any currently valid collective bargaining agreements, the language of the collective bargaining agreements controls. 5 • CDSNet • FMS Infoserv. 01 Diversified Transportation W Mobility Plus Transportation A BRIEF HISTORY G MyTransitPlus a Paul's Yellow Cab • Western Transit Systems O Yellow Cab ofGreaterOrange County El Limousines of South Florida Tectrans ("The Company") is a privately held company established to design, deploy and coordinate passenger transportation solutions to a full range of clients, including governmental agencies, medical and senior care organizations, airports, transit authorities, the private sector, and the individual consumer. The Tectrans Corporate Office is located at 6053 W. Century Blvd, Suite 900, Los Angeles, CA. Tectrans family of companies serves a wide array of clients in the Transportation, Taxi, Logistics, and Technological Support markets. Our specific areas of expertise include shuttle services, paratransit and transit operations, taxi services, transportation technology (such as Smart Card services and customer information kiosks), regional center (developmentally disabled) transportation, call center services, technology solutions (such as IT consulting), and banking solutions (such as item processing and remote capture). Please visit our website at: www.tectransinc.com to learn more about our organization and unique menu of services and solutions. The Company has assembled an award -winning team to manage and direct its family of companies. Our team is committed to the continued success of our employees. Tectrans, Inc. and all affiliated divisions are as follows: CDS Net FMS Infosery Diversified Transportation Mobility Plus Transportation My TransitPlus Paul's Yellow Cab Western Transit Systems Yellow Cab of Greater Orange County Limousines of South Florida m CCSNet • FMS Jnfosery • Diversified Transportation e Mobility Plus Transportation A. EMPLOYMENT • MyTransitPlus rI Paul's Yellow Cab • Western Transit Systems la Yellow Gab of Greater Orange County • Limousines of South Floride 1. AT -WILL EMPLOYMENT Employment with our organization is at -will, which means that it can be terminated at any time, for any reason, by either the employee or the Company: The language used in this Handbook is not intended to create an employment contract between the employee and our Company. No implied contract concerning any employment -related decision or term or condition of employment can be established by any statement, conduct, policy or practice. 2, EQUAL EMPLOYMENT OPPORTUNITY STATEMENT Equal Employment Opportunity has been, and will continue to be, a fundamental principle at the Company and all affiliated companies, where employment is based upon merit. We want to have the best available persons in every job. Company policy prohibits discrimination based on race, color, religion, creed, national origin or ancestry, age, gender, sexual orientation, veteran status, genetic information or characteristics, medical condition, physical or mental disability, or any other consideration made unlawful by federal, state or local laws. This policy of Equal Employment Opportunity applies to all policies and procedures relating to' recruitment and hiring, compensation, benefits, termination, and all other terms and conditions of employment. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with disabilities, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who Is an applicant or an employee unless undue hardship would result. Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact the Human Resources department and request such an accommodation. The individual with the disability should specify what accommodation he or she needs to perform the job. The Company will conduct an investigation to identify the barriers that make it difficult for the applicant or employee to have an equal opportunity to perform his or her job, and will identify possible accommodations, if any, that will help eliminate the limitation. If the accommodation is reasonable and will not impose an undue hardship, The Company will make the accommodation.. ......,,..: , An employee who-has'•ques.tions regarding this policy or believes that he or she has been - discriminated.against basedon a disability should notify the Human Resources department or a member.of.the;management team. All such inquiries or complaints will be treated as confidential to the extent permissible by law. a CDSNet • FMS Infosery ® Diversified Transportation • Mobility Plus Transportation MyTransitPlus ig Paul's Yellow Cab r`t Western Transit Systems ® Yellow Cab of Greater -Orange County I Limousines of South Florida 3. ELIGIBILITY REQUIREMENTS The immigration Reform and Control Act of 1986 require all employers, including the Company, to only employ those candidates who are authorized to work in the United States. This means that, as a condition of employment, candidates must bring proof of their eligibility to work in the United States on their first day of employment. Candidates who are not able to provide such documentation will not be eligible for employment with the Company, 4. BACKGROUND CHECKS AND INVESTIGATIONS To maintain a safe and productive workplace, our Company may perform (or request that third parties perform) "background checks" or other types of investigations. Background checks and investigations may include the use of consumer reporting agencies, which may gather and report information to the Company in the form of consumer or investigative consumer reports. Such reports may contain information concerning your credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. The types of reports that may be requested from consumer reporting agencies under this policy include, but are not limited to, credit reports, criminal records checks, court records checks, driving records, and/or summaries of educational and employment records and histories. The information contained in these reports may be obtained by a consumer reporting agency from private or public records sources or through personal interviews with your co-workers, neighbors, friends, associates, current or former employers, or other personal acquaintances. The Company may request consumer reports, including records checks and investigative reports based on interviews, in connection with your application for employment, or at any time during the course of your employment, for purposes of evaluating your suitability for, employment, promotion, reassignment or retention as an employee. The Cornpany may also obtain such reports, both during and after your employment, for purposes of evaluating, investigating, or enforcing compliance with Company policies or in connection with responding to grievances or complaints, regardless of whether you are still in the employ of the Company at the time the report is requested. Employees are expected to cooperate fully with this policy, including providing truthful and rYer•'�•'"-,��- complete• infon•nation:on youremployment application' and .in response to inquiries made by s .: ,::„.,the Company or third party investigators during the course of investigations and providing •- appropriate, written authorizations required by law to facilitate the investigation, process. Failure:to cooperate will result in discipline, up to and including termination.' 8 N 5, DEFINITIONS r CDSNet • FMS Infosery m Diversified Transportation • Mobility'Plus Transportation • MyTransitPlus [a Paul's Yellow Cob • Western Transit Systems 3 Yellow Cab of Greater Orange County re Limousines of South Florida The job in which you are employed is defined in a number of ways, including: Full -Time Exempt Full-time exempt employees regularly work thirty-two (32) or more hours per week and are exempt from overtime provisions of federal and state laws. Full-time exempt employees are eligible to participate in the Company's benefits programs, as detailed in this Handbook. Full -Time Non -Exempt Full-time non-exempt employees regularly work thirty-two (32) hours or more per week and are eligible for overtime under applicable federal and/or state law. Full-time non-exempt employees are eligible to participate in the Company's benefits programs, as detailed in this Handbook. Part -Time Non -Exempt Part-time non-exempt employees regularly work less than thirty-two (32) hours per week and are eligible for overtime under applicable federal and/or state law. Part-time non-exempt employees are eligible to participate in certain Company benefits programs, as detailed in this Handbook. Introductory Introductory employees are exempt and non-exempt employees during the first ninety (90) days of employment. Depending on the job classification for which they are hired, introductory employees.may be eligible for Company benefits programs upon successful completion of the 90-day Introductory Employment Period, as detailed in this Handbook. Project Project employees work short periods of time for the Company and for the duration of a specific project. The job assignment, work schedule, and duration of the position are determined at the discretion of the Company. Project employees are usually employed for three months (92 days) or less and are not eligible to participate in any of the Company's benefits programs. 6, INTRODUCTORY EMPLOYMENT PERIOD Every new employee goes through an initial period of adjustment in order to learn about the ,I,a-Company.:and-abouttheirjob.During this time the -employee will have an opportunity to find. out if they are suited to, and like, the new position. • CDSNet • FMS Infosery c Diversified Transportation c Mobility Plus Transportation c MyTransitPlus • Paul's Yellow Cab n Western Transit Systems ® Yellow Cab of Greater Orange County e Limousines of South Florida Additionally, this period gives the employee's manager a reasonable period of time to evaluate performance. The Introductory Employment Period at the Company is three (3) months, or ninety (90) days. During this time, the new employee will be provided with training and guidance from his/her manager. An employee may be discharged at any time during this period if the manager concludes that an employee is not progressing or performing satisfactorily. During the Introductory Employment Period, employees are not eligible to participate in Company benefits programs, as detailed in this Handbook. Employees who are promoted or transferred within the organization must complete a secondary introductory period with each reassignment to a new position but will continue to be eligible for Company benefits programs depending on job classification, Additionally, as is true at all times during employment with the Company, employment is not for any specific time and may be terminated at any time for any reason either by the employee or the Company, 7. VERIFICATION OF EMPLOYMENT The Company considers certain information about your employment with the Company as "Company Confidential." This means that the Company will only verify certain information about your employment, such as whether or not you are or were an employee, your current or most recent job title, and your dates of employment. Other information such as your salary and earnings requires your written authorization to the Company for the release of this information, Most often this information is requested when you apply for a horne mortgage loan, apartment, or line of credit. All•employment verification requests should be forwarded to Human Resources, 8. HUMAN RESOURCES FILES The Company maintains official Human Resources files containing information on employees that is relevant to the employment relationship and that is required by governmental rules and regulations. All such employee Information and records are the sole property of the Company and are considered Company Confidential. This information may include: o Employment Applications o Resumes a Performance Evaluations o Employee Correspondence Q Records of Wage and Salary Actions . • Status.and History,.Promotions, Transfers ® Employee Training Records 10 EOM r • CDSNet • FMS Infosery leg Diversified Transportation ▪ Mobility Plus Transportation • MyTransitPlus Li Paul's Yellow Cab • Western Transit Systems In Yellow Cab of Crebter.Drange County R Limousines of South Florida Under the supervision of the Human Resources department, employees may review their personnel file at reasonable times and with reasonable notice, as determined by the Company. Employees may not remove, destroy, or alter any documents contained in the personnel file. Employees interested in reviewing their file should contact the Human Resources department. Health/medical records are not included in your personnel file. These records are confidential. The Company will safeguard them from disclosure and will divulge such information only (1) as allowed by law; (2) to the employee's personal physician upon written request with permission of the employee; or (3) as required for workers' compensation cases. Change of Status The Company maintains Company Confidential and proprietary information about employees such as legal name, addresses, marital status, dependents, social security numbers, tax status, dates of birth, and other information that may be required by law, insurance carriers, or for the efficient operations of our business. Most of this information will be recorded when you are hired. It is your responsibility to keep all of your personal information current. If you experience a change in status in the areas mentioned above, you should notify your Manager and Human Resources in writing to update this information. 9. CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT In General The Company expects all employees to conduct business according to the highest ethical standards. Employees are expected to devote their best efforts to the interests of the Company. A potential or actual conflict of interest occurs whenever an employee is in a position to influence a decision that may result in a personal gain for the employee or an immediate family member as a result of the Company's business dealings. Business dealings that create a conflict between the interests of the Company and an employee are unacceptable. in addition, illegal off -duty conduct on the part of an employee which adversely affects the Company's legitimate business interests or the employee's ability to perform his or her job will not be tolerated, The Company recognizes the right of employees to engage in activities outside of their employment which are of a private nature and unrelated to its business. However, the employee must disclose any possible conflicts so that the Company may assess and prevent any conflicts of interest from arising. ..Although This not possible to specify every action that:might:create a conflict of interest, this ._ _: •.p.olidy:setsiforth the ones that most frequently present problems. lf an employee has' any ' r' : ' "question concerning whether an'action or proposed.: course;ofconduct would create a conflict .11 64 CDSNet e FM5 Infuser/ m Diversified Transportation ® Mobility Plus Transportation • MyTransitPlus lie Paul's Yellow Cab ® Western Transit Systems ee Yellow Cab of Greater orange County e Limousines of South Florida of interest, the employee should immediately contact the Human Resources department or immediate supervisor to obtain advice on the issue. Possible conflicts that might arise include: a Using proprietary or confidential Company information for personal gain or to the Company's detriment • Using Company assets or labor for personal use or gain • Violation of provisions of law or the Company's policies or rules A violation of this policy may result in immediate and appropriate corrective action, up to and including termination from the Company. The Company reserves the right to determine that other relationships, although not specifically covered by this policy, nevertheless represent actual or potential conflicts of interest. In any case where the Company determines,.in its sole discretion that a relationship between two employees, or between an employee and a non -employee, presents an actual or potential conflict of interest, the Company may take whatever action it determines to be appropriate to avoid the actual or potential conflict of interest. This includes working relationships involving relatives or individuals with close personal relations that may potentially lead to complaints of favoritism, lack of objectivity, or employee morale and dissension problems that can result from such relationships. Action taken by the Company may include transfers, reassignments, changing shifts, or, where it deems such action appropriate, corrective action up to and including termination. Outside.Employment Employees are hired and continue in employment with the understanding that the Company is their primary employer and that other employment or commercial involvement that is in conflict with the business interests of the Company is strictly prohibited. Outside work activities are generally allowable where such activity does not present an actual or potential conflict with the Company's legitimate business interests. While it is not feasible to describe all possible conflicts of interest that could develop from participating in outside employment, some prohibited activities are listed below: a Working for a direct or indirect competitor, supplier, or customer Involvement in organizations that are doing or seek to do business with the Company, including actual or potential vendors or customers Violation of provisions of law or the Company's policies or rules _a . Employment that conflicts with an employee's, Notksehedule;duties•and,;'; responsibilities Emptoyment which requires an employee to conduct work::or,related:activlties.o.n ...:.:.. ...::.....:..::... :Com.pany property,.sturing Company working hours,.or..using Company facilities and/or equipment 12 �L'+�P6E AN • CDSNet • FMS Infosery III Diversified Transportation , u Mobility Plus Transportation Th MyTransitPlus ® Paul's Yellow Cab le Western Transit Systems u Yellow Cab of Greater Orange County Limousines of South Florida For the purposes of this policy, self-employment is considered outside employment. Employees wishing to engage in outside employment which may conflict with this policy must submit a. written request to the Human Resources department explaining the details of the outside employment. If the Human Resources department authorizes such outside employment, the Company assumes no responsibility for such outside employment. The Company shall not provide workers compensation coverage or any other benefit for injuries Occurring from or arising out of such outside employment. Authorization to engage in outside employment can be revoked at any time. Reporting Potential Conflicts An employee must disclose actual or potential conflicts of interest to his/her manager. Approval will not be given unless the relationship will not interfere with the employee's duties or will not damage the Company's relationship, 13 R B. COMPENSATION tg CDSNet a MyTransitPlus 131 FMS Infosery e Paul's Yellow Cab ® Diversified Transportation IM Western Transit Systems • Mobility Plus Transportation m Yellow Cab of Greater Orange County [5 Limousines of South Florida 1. PAY SCHEDULE Every pay period, Company employees will receive a paycheck based upon his/her earned salary or wage rate. Currently the Companyhas employees that are paid semi-monthly, bi- weekly, and weekly. Please check with your manager to verify under which pay cycle your division operates. Employees paid semi-monthly have regular pay cycles starting on the First (1st) and Sixteenth (16th) Business Days of every month. The pay date takes place five (5) business/banking days from the date payroll is closed, with special accommodations for holidays. Employees paid bi-weekly are paid every other Friday. The pay date takes place on the Friday following the date payroll is closed, with special accommodations for holidays. Employees paid weekly are paid every Friday, The pay date takes place on the Friday following the date payroll is closed, with special accommodations for holidays. Under no circumstances will the Company release any paychecks prior to the announced .schedule. It is the Company's policy that employee paychecks will only be given personally to that employee. All other arrangements for mailing or pick-up must be made in advance with the employee's manager, It is the Company's practice not to approve salary advances for employees. The payroll check will include the following deductions: • Federal and State Withholding Tax The number of exemptions an employee claims on their Federal and State withholding statements affects the amount of Federal and State taxes withheld. If your number of dependents or desired withholding amount should change, you should report the changes to Human Resources and complete new withholding statements. At the end of the year, you will receive a tax statement showing your total deductions. • Social Security (FICA1 ' Social Security will be deducted from your paycheck in accordance with Federal • regulations. • Miscellaneous Payroll Deductions ate;«;pa' ,a7:R:s+:k, a.;,;.:;:c•.ruF:h•:a.';,.r+ Other•items such.a's benefits costs and contributions are automatically deducted your paycheck. • Garnishments 14 • CDSNet • FMS Infosery • Diversified Transportation •Mobility Plus Transportation • MyTransitPlus H Paul's Yellow Cab al Western Transit Systems O Yellow Cab of Greater Orange County e3 Limousines of South Florida The Company may be required by law to accept legal garnishments or liens attached to employee wages. These garnishments and/or liens require the Company to withhold a portion of the employee's disposable earnings for the satisfaction of a debt and to remit the withheld amount to the court or other entity as mandated. The Company will not modify the terms of the legal arrangements unless ordered by a court. If an employee feels they have satisfied the amount of the garnishment order, they are to contact the agency from which the garnishment was requested to have the garnishment cease, G Direct Deposit • Employees may be paid by check or through direct deposit of funds to savings or • checking accounts. To activate direct deposit, see the Human Resources department to complete necessary forms. In the event of a lost paycheck, Human Resources must be notified as soon as possible before a replacement check can he issued. In the event of an error in a paycheck, please notify your supervisor immediately. 2. NON-EXEMPT OVERTIME PAY AND WORK WEEK DEFINED Depending on Company work needs, non-exempt employees may be requested to work overtime. When possible, advance notification of these assignments will be provided. Overtime work must be authorized in advance by a supervisor, and assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Non-exempt employees will be paid overtime in accordance with federal and state law. The Company's seven-day workweek runs from 12:01 a.m. on Sunday until 12:00 midnight the following Saturday. 3. TIME REPORTING The Company requires at hourly/non-exempt employees to use a time registry and/or time clock to record all hours worked within the workweek. The time clock should accurately reflect each day's work period, including start and end times and meal breaks. All employees are 'expected to work until the end of their scheduled work day. Any handwritten marks or changes on time records must be initialed by a supervisor. Writing on another employee's time record, allowing another employee to write on your time record, alteringa time record will not be tolerated; Any 'employee.who•falsifies oortampers with -c time records will:be subject to corrective action up=to:and,includingtermination.....::.. -• 15 la CDSNet FMS Infosery Is Diversified Transportation , Mobility Plus Transportation • IViyTransitPlus ▪ Paul's Yellow Cab le Western Transit Systems e Yellow Cab of Greater' Orange County ®. Limousines of South Florida Any errors in your time record should be reported immediately to your Supervisor for correction. Company policy requires all employees review their pay stubs for accuracy and report any discrepancies to their immediate supervisor as soon as possible. 4. TRANSFERS AND PROMOTIONS We encourage all employees to seek advanced opportunities within our organization. To that end, we have established a company policy outlining employee transfers. Transfers are available to enhance an employee's career advancement and growth opportunities as well as the potential to provide greater alignment with other factors such as location, experience and diversity within our services as well as other attributes that may important. All open positions will be posted internally for review and consideration. An employee who wishes to be considered for an open position within his/her present department must discuss the request directly with their supervisor and/or manager of the department. If the transfer Involves another department, the employee is required to speak to their supervisor and/or the department manager in addition to the hiring manager. Employee transfers will be considered only if the following conditions are met: 1. The employee must have completed a minimum of six months of active service in the present job. Exceptions will be reviewed on an individual basis. 2. The employee's performance in the current position must be satisfactory or better. A written warning received within the six-month period preceding the request for a transfer will constitute unsatisfactory Job performance for purposes of this policy. 3. The employee must possess the minimum qualifications required for the position for which the transfer is sought. 4. The employee's current department Terrninal/Project manager must grant approval of the transfer request. 5. The employee's past performance, qualifications, potential abilities and job experience are the key factors in evaluating transfer requests and must satisfy the qualifications of the position for which the transfer is sought. These items must be fully discussed and documented during the interview process. Once an employee communicates their interest in making a transfer, the employee's existing _. u,.,• ;,,,,,..,i managenisTesponsible for communicating to the hiring manager:. It is expected that the ;employee:::i.nitiatingthe request will communicate to.the hiring.rnanager,es-well. :The -. interviewing and selection process should be based on an agreed upon schedule by both:v managers; 'In:th'e event it IS agreed that the employee can 'be transferred; ibis expected that "5,r iee both.managers.will work out an agreeable transition schedule.that is. conducive to positive business operations with minimal disruption. 6 ® CDSNet ® FMS Infosery el Diversified Transportation al Mobility Plus Transportation ® .MyTransitPlus • Paul's Yellow Cab et Western Transit Systems el Yellow Cab of Greater Orange County ta Limousines of South Florida Additionally, if an employee is being considered for an open position, the hiring manager must first communicate to the employee's department manager prior to engaging in any communication about the open position with the employee directly. Once this step has been initiated, the steps regarding an employee transfer can then be initiated. The intent of this policy is to consistently ensure that we are fair and objective in comniunicating open positions. In addition, it is expected that all managers review the employee's qualifications based on provenjob performance that is fair, consistently demohstrated, and will further enhance our product and service deliverables. Employees should always feel free to discuss their career aspirations with their manager at any time. 17 ® CDSNet FMS Infosery I Diversified Transportation '.N Mobility Plus Transportation C. HOURS OF WORK MyTransitPlus Paul's Yellow Cab Vdestern Transit Systems Hi Yellow Cab of Greater Drange County is Limousines of South Florida 1. ATTENDANCE AND PUNCTUALITY Regular attendance and punctuality are the foundation of dependability and good work performance. Excessive and habitual absenteeism and tardiness have a direct adverse impact on an employee's performance, progress, and continued employment with the Company, If you know you are going to be late or unable to report to work due to illness or other reasons, you should contact your supervisor/manager directly two (2) hours prior to your normal schedule time to work. If you call in less than two hours before your scheduled time to begin work, you will be considered tardy for that day, Absent extenuating circumstances, you must call in on every day you are scheduled to work and will not report to work. Personal issues requiring time away from your work, such as doctor's appointments or other matters should be scheduled during your non -work hours whenever possible. Employees not returning from leave or not calling to explain an absence of three (3.) or more days will be considered to have abandoned their job and will be terminated from the Company. Excessive absenteeism and tardiness may result in appropriate corrective action, up to and including termination from the Company. The following general Guidelines'applyto unscheduled/unexcused absences or tardiness; First Absence or Tardy Second Absence or Tardy Third Absence or Tardy Fourth Absence or Tardy Verbal Warning Written Warning Two days suspension without pay Termination of Employment Other continuing patterns of absences or tardiness, regardless of the exact number of days, may warrant disciplinary action. Even one unexcused absence or tardy may be considered excessive depending on the circumstances and/or contract agreements. 2. HOURS OF WORK , ,,.., ,;; �s.,U;,,;. -.- ,,,:;Y our, S.upervlsor/Manager is -responsible for assigning your regufar�wor'k seheJule:: Receivrng•a - .,,. f,..•,_ schedule,does.not.constitute:•a-guarantee of time to be worked and there could be instan.c•es ::..•-. where you: will be: requested to work additional hours?(overti'me) _The Company will schedule ;,_and.notify,you of the additional hours as much in advance as business necessity allows. 18 CDSNet FMS Infoseiv • @ Diversified Transportation @ Mobility Plus Transportation. MyTrensitPlus @ Paul's Yellow Cab ® western Transit Systems ® Yellow Cab of Greater Drange County • Limousines of South Florida Changes in work schedules are discouraged. If it is necessary to change your schedule, notify your supervisor who may authorize a change. Schedule changes will not be approved for mere convenience or if it will result in disruption of or interference with normal operations or will result in excessive overtime. 3. MEAL AND REST PERIODS All non-exempt employees are entitled to a ten (10) minute rest break period for every four (4) hours worked. If you are a non:exempt employee, you will be paid for all such break periods and will not need to clock out. Your supervisor will advise you of the time and duration of your breaks. You are expected to return to work promptly at the end of any rest break. If you work more than five (5) hours in a workday, you are entitled to an unpaid meal period of at least thirty (3D) minutes in addition to your ten (10) minute break. If you work more than ten 40) hours, you are entitled to a second, unpaid meal period of thirty (30) minutes. Depending on the circumstances, you may be able to waive your second meal period If you took the first one. All employees must clock out for their meal periods and must not perform any work during these times for a full thirty (30) consecutive minutes. You are expected to observe your assigned working hours and the time allowed for meal and rest periods. Employees may not work through their meal or rest periods in order to compensate for absence or tardiness or for any other reason. Do not leave the premises during your rest period and do not take more than ten minutes for each rest period. You may leave the premises on your meal period. If for any reason you do not take the applicable rest breaks and/or meal periods, you must notify your supervisor immediately. 19 CDSNet • FMS Infosery • Diversified Transportation or Mobility Plus Transportation D. TIME OFF MyTransitPlus l Paul's Yellow Cab z Western Transit Systems rs Yellow Cah of Greater Orange County fs Limousines of South Florida 1. PAID TIME OFF (PTO) PTO is our system of managing paid leave that can be used for scheduled and unscheduled absences from work. These absences include personal illness, family Illness, personal days, floating holidays, and vacation. Accrual of PTO begins on the first day of employment, No PTO may be taken until completion of the 90-day Introductory Employment Period. Employees who separate from employment with the Company during the 90-day Introductory Employment Period will be paid out accrued PTO upon separation. Regular Full -Time Employees of The Company are eligible for PTO based on length of service. Employees who leave the Company will be paid for any PTO hours accrued but not used. Employees who leave the Company and have taken more PTO than was earned will owe the Company the difference, which will be deducted from an employee's final paycheck. 9 The Company encourages employees to take PTO on an annual basis. Once the maximum accrual amount has been reached, no additional PTO will be earned until previously accrued PTO is used. Accrued PTO will be paid out upon separation from employment. ▪ If PTO is due to personal illness of three (3) consecutive days or more, employees must obtain and.submit a doctor's note to their supervisor upon returning to work. . Employees are eligible for Short -Term Disability after absence due to personal illness or injury lasting longer than seven (7) consecutive work days, Employees may elect PTO for these first seven (7) days, if available, or the time will be considered Leave without Pay. .0 Use of PTO hours is not required for time away from work for jury duty, military leave, bereavement leave, or as otherwise detailed in the Leaves of Absence section.of this Handbook. • • PTO must be scheduled in advance and requires a manager's approval and will be granted on a "first -request" basis. • . •i?TO hours must be taken in minimumsincreme.nts of four (4) hours.. 6 Employees on unpaid leaves do not accrue PTO;- ®:_ _. If ,a •Company -Holiday occurs during your. PTO, ybu Will' be granted one addit ondl day of,PTO,.to be taken at a time approved in advance by your supervisor. _ .. 20 • CDSNet • FMS Infosery e Diversified Transportation t Mobility Plus Transportation 2. HOLIDAYS MyTransitPlus E Paul's Yellow Cab R Western Transit Systems El Yellow Gab of Greater Orange County 5 Limousines of South Florida The Company recognizes paid holidays throughout the calendar year. Holiday pay is granted to all eligible employees who have completed the 90-day Introductory Employment Period and is based on the employee' straight -time rate of pay, To be eligible for holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Non-exempt employees who perform work on a recognized holiday will receive holiday pay in addition to their earned wages for the hours worked on the holiday. 3. BEREAVEMENT LEAVE In the unfortunate event of a death in an employee's immediate family, a leave of absence of up to three (3) days with pay will be granted. These three days should be taken consecutively within a reasonable amount of time surrounding the day of the death or funeral. Employees should make their manager aware of the situation as soon as possible. We will be as flexible as possible in accommodating these leave requests. For this purpose, immediate family is defined as spouse, domestic partner, children, stepchildren, parents (including in-laws), stepparents, siblings, stepsiblings, grandparents, and grandchildren. Special consideration will be given to any other person whose association with the employee is similar to any of the above relationships. 4. JURY DUTY A leave of absence for mandatory jury duty will be granted to employees notified to serve. During.this leave, exempt employees will be compensated according to state and federal guidelines. Non-exempt employees may elect to use accrued PTO to supplement their income. An employee on jury duty is expected to report to work any day he/she is excused from Jury duty. Upon receipt of the notice to serve jury duty, the employee should immediately notify his/her manager. Additionally, a copy of the notice to serve should be forwarded to Human Resources for attendance purposes. Upon the employee's return, the Human Resources department must be notified and a signed Certificate of Jury Service indicating the number of days served must be submitted, 5. - MILITARY LEAVE •,:. . . Military.leave is,granted by the -Company in accordance with the Uniformed Services . ::Employment and ReemploymentRights Act of 1994 (USERRA); 21 e CDSNet ® MyTransitPlus FMS Infosery Paul's Yellow Cab 114 Diversified Transportation g Western Transit Systems. ill Mobility Plus Transportation ® Yellow Cab of Greater Orange County e Limousines of South Florida Leave for Active or Reserve Duty Upon receipt of orders for active or reserve duty, an employee should notify his/her manager, as soon as possible, and submit a copy of the military orders to his/her manager. Spousal/Domestic Partner Military Leave Qualified employees who are spouses or registered domestic partners of a qualified member of the Armed Forces, National Guard, or Reserves ("member"), may take an unpaid leave of up to 10 days during a qualified leave period of the member. To be eligible for this leave, the employee must 1) be the spouse or registered domestic partner of the member; 2) work for an average of 20 or more hours per week;. 3) provide the Company with notice within 2 business days of receiving official notice that the member will be on leave from deployment that the employee intends to take leave under this policy; and 4) submit written documentation certifying that the member will be on leave from deployment during the period the leave is requested. This policy does not apply to independent contractors. This policy does not affect an employee's rights with respect to any other employee benefit provided by law and does not affect, or prevent the Company from allowing an employee to take a leave that the employee is otherwise entitled to take. The.Company will not retaliate against any employee for requesting or taking leave under this policy. Please see the Human Resources department for further information. 6. RELIGIOUS OBSERVANCES The Company provides reasonable time away from work for employees requesting such time for religious observance. Based on business needs, the Company will reasonably accommodate such requests that are made in advance and approved by your manager. An employee may choose to use PTO, if available, for this purpose or take time as leave without pay. Under some circumstances, your work schedule may be adjusted to accommodate your request for time away from work for religious observances, 7. FAMILY AND MEDICAL LEAVE ("FMLA") The Company will grant family and medical leave in accordance with the requirements of . applicable state and federal law in effect at the time the leave is granted. Although the federal ;i•r ;, - !`==i.and and state laws sometimes_, haves-di:fferent names, t`lae:Company refers to these types of:leaves .. collectively as,"FMLA Leave.". 'No greater or lesser leave benefits will be granted than;those set forth -in such state .or.federal:laws:::In.certain situations, the federal law -req.uires•,that.:prrovisions.;..: n• ;df state law apply.. In- any. case, employees will be eligible for the most generous benefits available under applicable law. 22 e CDSNet • FMS Infosery D Diversified Transportation . . a..Mobility PIus.Transportation • MyTransitPlus eg Paul's Yellow Cab Western Transit Systems t2 Yellow Cab of Greater Orange County 9 Limousines of South Florida Please contact your supervisor as soon as you become aware of the need for a FMLA Leave. Employees are expected to provide prompt notice to the Company of any change(s) to an employee's return to work date. Accepting other employment, continuing to work in another job, or filing for unemployment insurance benefits while on leave may be treated as a voluntary resignation from employment, unless you and the Company have agreed, in writing, otherwise. To qualify for leave, employees must meet the following conditions: • Have worked for the Company for at least 12 months O Have worked atleast.1,250 hours over the previous 12 months before the need for leave O Work in a location where at least 50 employees are employed by the Company within 75 miles, as of the date the FMLA leave is requested If you meet the above conditions, you may request up to 12 weeks of leave in a rolling 12- month period for the following reasons: O The birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child ("Bonding Leave"); O Care for an immediate family member (spouse, registered domestic partner, child, or parent) with a serious health condition ("Family Care Leave") • An employee's inability to work because of a serious health condition, including a Workers' Compensation injury ("Serious Health Condition Leave") O "Qualifying exigencies," as defined by federal regulation, because of the employee's spouse, son, daughter, or parent is on active duty or called to active duty status as a member of the Armed Forces In support of a "contingency operation" declared by the U.S. Secretary of Defense, President or Congress, as required by law ("Military Emergency Leave") Alternatively, employees may request up to 26 weeks of leave in a rolling 12-month look back period to care for a spouse, son, daughter, parent, or next of kin who is a member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, is in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness (as defined by federal regulation) ("Military Caregiver Leave"). .:The maximum amount of FMLA Leave will be twelve(12)'WorkWeeks in any 12=month petibd ,when the leave is taken:forl:'(1) Bonding Leave; (2) familyCare Leave; (3) Serious Health -:Condition•Leave; and/or (4) Military Emergency -Leave:- However, if either spouses'(or registered domestic partners) work for the Companyand are eligible for leave under this.policy, 23 • CDSNet • FMS Infosery it Diversified Transportation fl ,Mobility Plus Transportation • MyTransitPlus rE Paul's Yellow Cab • western Transit Systems a Yellow Cab of Greater Orange County m Limousines of South Florida the spouses (or registered domestic partners) will be limited to a total of 12 workweeks off between the two of them when the leave is for Bonding Leave. The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined leave total of twenty-six (26) workweeks in a single 12-month period. A "single 12-month period" begins on the date of your first use of such leave and ends 12 months after that date, If both spouses work for the Company and are eligible for leave under this policy, the spouses will be limited to a total of 26 workweeks off between the two when the •leave is for Military Caregiver Leave only or is for a combination of Military Caregiver Leave, Military Emergency Leave, Bonding Leave and/or Family Care Leave taken to care for a parent. To the extent required by law, some extensions to FMLA Leave may be granted when the leave is necessitated by an employee's work -related injury/illness, a pregnancy related disability, or a "disability" as defined by the Americans with Disabilities Act and/or applicable state or local law. In addition, in some circumstances and in accordance with applicable law, an extension to FMLA Leave may be granted when the leave is taken to care for a registered domestic partner and/or registered domestic partner's child. Certain restrictions on these benefits apply. You must provide advance notice of your need for leave whenever possible and complete a Leave Request form provided by Human Resources. Employees must provide sufficient information for the Company to determine if the leave may qualify. under state and federal leave laws, medical certification to support a request for time off for a serious medical condition, as well as the anticipated timing and duration of the leave. Additionally, you must also provide recertification if additional leave is required. Certification forms•are available from the Human Resources department. Employees may use any available PTO, if applicable, according to state and federal guidelines. PTO accrual and holiday pay will be suspended during the leave of absence and will resume upon return to active employment. During this leave, an eligible employee is entitled to continued group health plan coverage on the same terms as if the employee had continued to work. The employee is responsible for continuing to make any premium payments in effect at the time of FM LA leave if they wish to maintain coverage. In some instances, the Company may recover premiums it paid to maintain health coverage if you fail to return to work following a FM LA leave. if -you are-ori :FM.LA Ieaye_b'ut are not entitled to conti6u'ed'paid`gra9ip`health insurance' . • coverage; you maycontinue your coverage through the'Company in conjunction with COBRA' guidelines.. Pjease contact the Human Resources departm'entfor further information. 24 • CDSNet • FMS Infoserv. m Diversified Transportation .Mobility Pius Transportation MyTransitPlus 5 Paul's Yellow Cab ® Western Transit Systems 5 Yellow Cab of Greater Orange County DI Limousines of South Florida At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position. A Notice of Employee Rights and Responsibilities under the Family Medical Leave Act is located at the end of this Handbook. 8. PREGNANCY DISABILITY LEAVE ("PDL') The Company will grant 'an unpaid pregnancy disability leave of up to four (4) months to employees disabled on account of their pregnancy, childbirth, or related medical conditions. Employees are eligible for such leave immediately upon hire. Employees who are affected by pregnancy or a related medical condition are also eligible to transfer.to a• less strenuous or hazardous position, or to less strenuous or hazardous duties, if such a transfer is medically advisable and certified as such by an attending physician, and such transfer can be reasonably accommodated. The transferred employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to temporary health reasons. If the need for a leave or transfer is foreseeable, employees must provide notification•at least thirty (30) days before the pregnancy disability leave or transfer is to begin, whenever possible. Employees must inform the Company when a leave is expected to begin and how long it will . likely last along with certification from a health care provider to support the need for time off from work or any work,restrictions. The certification indicating disability should contain the date on which the employee became disabled due to pregnancy, the probable duration of the period or periods of disability, and a statement that, due to the disability, the employee is unable to perform one or rnore of the essential functions of her position without undue risk to herself, the successful completion of the pregnancy, or to the other persons. Additionally you must also provide recertification if additional leave is required, • •Leave taken under the pregnancy disability policy runs concurrently with family and medical leave under federal law, but not with family and medical leave under California law, Employees may use accrued PTO, if applicable, according to state and federal guidelines. All such payments will be coordinated with any state disability or other wage reimbursement benefits for which you may be eligible. At no time shall an employee receive a greater total payment than the employee's regular salary. PTO accrual and holiday pay will be suspended during the leave of absence and will resume upon return to active employment. ,.,_ _ If„the,.employeeeteking:.pregn.aneyeclisability leave is eligfble;.for.aeave. under federal orts:tate:;•,; „family andmedical, leave laws, ,the Company will maintain your group health insurance coverage forau_p to a maximum of.,12 workweeks per 12 .nonth period. oci,the same,ter,ms;as.if,. - , the employee had continued to work. In some Instances, the Company may recover premiums it 'paid •.to maintain ,health coverage for an employee who fails to return to 'work following c;sr .:. i<.:•::,.:..pregnancy disability, •leave•; :.If ineligible under the federal ancPStgfe.'fairiilyaiid' medica(`'leave'.. . 25 E ▪ CDSNet • FMS Infoseru tE Diversified Transportation Is Mobility Plus Transportation • MyTrensitPlus r3 Paul's Yellow Cab Western Transit Systems w Yellow Cab of Greater Orange County EX Limousines of South Florida laws, employees on pregnancy disability leave will receive continued paid coverage on the same basis as employees taking other leaves. Employees on pregnancy disability leave who do not receive continued paid coverage, or whose paid coverage ceases after 12 workweeks, may continue their group health insurance coverage through the Company in conjunction with COBRA guidelines. Employees should contact the Human Resources department for further information. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position. 9. CALIFORNIA STATE DISABILITY INSURANCE ("SDI") AND PAID FAMILY LEAVE ("PFL") California State Disability Insurance and Paid Family Leave programs are administered by the Employment Development Department (EDD) and financed entirely by California workers through a payroll tax. The State Disability Insurance (SDI) program provides benefits to workers who are unable to work due to non -work -related illness, injury, or pregnancy. Persons covered by SDI are also automatically covered by Paid Family Leave insurance (PFL). PFL benefits are available to persons who take time off work to care for a seriously ill child, child of a domestic partner, spouse, parent, or domestic partner, or to bond with a new minor child. PFL benefits run concurrently with FMLA leave and CFRA leave, California's FMLA counterpart. Neither SDI nor PFL provide job protection or return to work rights. Your job may be protected if you qualify for leave under the federal and state family and medical leave laws. For more information, contact the Human Resources department for a brochure or visit www.edd.ca.gov. 10. PERSONAL LEAVE OF ABSENCE At the discretion of The Company, full-time employees who have completed one (1) year. (twelve consecutive months) of employment may be granted a leave of absence without pay for special circumstances. Requests must be submitted in writing, on the appropriate Company provided forms, to your Supervisor/Manager. Approval will be based on the anticipated needs of the business. If approval is granted, the Company will make reasonable efforts to return you to the same or similar job you held prior to the leave of absence, subject to staffing and business requirements, though it is under no legal requirement to do so. Approved leave of absence may not exceed thirty (30) days and is granted only after accrued PTO is exhausted. j:,.;:,z;_r;..;.:..;•: During:unp.aid leave; an eligible employee is entitled..tio continued`g(oiap`hea'ftl °plan`Ca/M ge' :-'. iK.i-c;-•)won the same,terms as if the employee had continued to work, The employee is responsible for • voluntarybenefitdeductions in effect at the time of leave if they wish to maintain coverage.. In 26 CDSNet FMS Infosery 12 Diversified Transportation Q Mobility Plus Transportation MyTransit Plus ® Paul's Yellow Cab e Western Transit Systems s Yellow Cab of Greater Orange County el Limousines of South Florida• some instances, the Company may recover premiums it paid to maintain health coverage for an employee who fails to return to work following a Personal Leave of Absence. 11. SCHOOL LEAVE (SUSPENSION) If it is necessary for an employee who is the parent or guardian of a child to attend the child's school to discuss possible suspension, the employee should alert his or her manager as soon as possible so that alternative arrangements may be made. No discriminatory action will be taken • against the employee for taking time off for this purpose. Such time off is unpaid. 12. TIME OFF FOR VICTIMS OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE The Company will not discriminate against employees who are victims of crime if they take time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. The Company will not discriminate against employees who are victims of domestic violence or sexual assault for taking time off from work to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of a domestic violence or sexual assault victim or his or her child. Such time off is unpaid and certification of sexual assault will be required for time off to be granted. • The Company will not discriminate or retaliate against an employee who is a victim of domestic violence for taking time off from work, which will be unpaid, to seek medical attention for injuries caused by the domestic violence or sexual assault, to obtain services from a domestic violence program or a shelter, prograrn,.or.rape crisis center, to obtain psychological counseling related to the domestic violence or sexual assault, or to participate in actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation. Affected employees must give the Company reasonahle notice that they are required to be absent for a purpose stated above, except for unscheduled or emergency court appearances or other emergency circumstances. In such a case, the Company will take no action against affected employees if, within a reasonable time after the appearance, they provide the Company with documentary evidence that their absence was required for any of the above reasons, Affected employees may use accrued PTO (if eligible). 13. TIME OFF FOR VICTIMS OF VIOLENT CRIMES " -,.:Employees who are.victims or related to victims of a violent felony,.pr a felony statute 'prohibiting theftor embezzlement, may take unpaid"tine off from work to attend judicial . :proceedings related to -the crime. "Related to" means the employee's spouse, child, stepchild, 27 • COSNet m MyTrensitPlus ® FMS Infosery t+ Paul's Yellow Cab • ra Diversified Transportation Di Western Transit Systems • ® Mobility Plus Transportation la Yellow Cab of Greater Orange County • €s Limousines of South Florida brother, stepbrother, sister, stepsister, mother, stepmother, father, stepfather, registered domestic partner, or the child of a registered domestic partner. The employee must give the Company a copy of a notice in advance of each scheduled proceeding. If it is impossible to do so, the employee must give the Company such notice within a reasonable time after the proceeding from the court or government agency setting the hearing, the district attorney or prosecuting attorney's office, or the office of the victim's advocate. An employee may use accrued.PTO,(if eligible) for the purpose of attending the proceeding. The Company shall keep all records pertaining to this time off confidential. 14. LACTATION ACCOMMODATION The Company shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. As far as possible, this break time shall run concurrently with the employee's regularly -scheduled break time, if applicable. Any break time given for this purpose that does not run concurrently with the break time provided by law shall be unpaid and employees provided with such break time shall record it on theirtimesheets, The Company is not required to provide such break time if it would seriously disrupt operations. The Company shall make every reasonable effort to provide employees with the use of a room or other location (other than a toilet stall) close to the employees' work area for employees to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this policy. 28 R rms. E, EMPLOYEE BENEFITS ▪ CDSNet • FMS lnfosery al Diversified Transportation Q Mobility Plus Transportation • MyTransitPlus m Paul's Yellow Cab la Western Transit Systems n Yellow Cab of Greater Orange County ® Limousines of South Florida 1. DISCLAIMER The Company has established a variety of employee benefit programs designed to assist you and your eligible dependents in meeting the financial burdens that can result from illness and disability. This portion of the Employee Handbook contains a very general description of the benefits for which you may be eligible. Please understand that this general explanation is not intended to, and does not, provide you with all the details of these benefits. Therefore, this Handbook does not change or otherwise interpret the terms of the official plan documents. The provisions of the official documents will govern in all cases. Please note that nothing contained in the benefit plans described herein shall be held or construed to create a promise of employment or future benefits, or a binding contract between the Company and its employees, former employees, or their dependents for benefits or for any other purpose. The Company reserves the right, In its sole and absolute discretion, to amend, modify, or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including any health benefits that may be extended to employees, former employees, and their dependents. Further, the Company reserves the exclusive right, power and authority, in its sole and absolute discretion, to administer, apply, and interpret the benefit plans described herein and to decide all matters arising in connection with the operation or administration of such plans. 2. MEDICAL AND DENTAL BENEFITS As a Full -Time employee, you are eligible to participate in the Company's health benefits programs that include medical and dental insurance coverage. You may select Individual, employee + child, employee + spouse, or family coverage for you, your spouse, and any of your eligible dependents. Medical coverage begins the first day of the month following ninety (90) days of continuous employment. You have ninety (90) days from your date of hire to decide on your coverage and return your enrollment form, otherwise you will automatically waive your coverage and have to wait until annual enrollment to sign up for . benefits. M ,..,...: :;..,.,. -You willdearn:rno're-about these benefits during orientation and at times of annual enrollment. Once you have selected the benefits level and coverage you desire, you must maintain these' .benefits,until the -Company's next annual enrollmeht period. •There are certain exceptions to this'policy, which are listed later in this chapter. 29 4.1 ® CDSNet FMS Infosery I3 Diversified Transportation sa Mobility.Plus Transportation. MyTrsnsitPlus EN Paul's Yellow Cab O Western Transit Systems • Yellow Cab of Greater Orange County m Limousines of South Florida Medical benefits programs are very specific and detailed as to covered occurrences, deductibles, and requirements. You will be provided this information and your portion of the cost at the time you sign up for the coverage you elect. You should contact the Human Resources department any time you have questions about your coverage, costs, or benefit claim processes. 3, BENEFIT CHANGES Generally, you will not be allowed to make changes in the benefits you elect during the benefit year. The time to change benefit coverage occurs during the Company's annual enrollment period, Exceptions to the policy include documented occurrences such as: • Marriage o Divorce ® Adoption of a Dependent o Death O Birth m Termination of Spouse's or Domestic Partner's Employment ® Loss of Current Coverage It is your responsibility to promptly notify the Human Resources department in writing in order to document these changes if, as a result, you want to change your current benefit coverage. Such notification must be provided to the Company within thirty (30) days of the date of the occurrence. The change in coverage will be effective on the date of the event. 4. WORKERS' COMPENSATION Workers' Compensation laws protect you against lost wages and cover reasonable medical expenses resulting from injuries sustained while performing your job. Each state has its own workers' compensation statutes. Waiting periods for payment of lost wages and benefits may vary from state to state. The coverage defined by statute in your home state is in effect while you are at work in another state. .; ,,;,��,; !.0"," ,. ,, Ald.i:njul-es-anthaccidents: tliat;occur in the worlcpla.canust be reported immediately to -a:. , :� „ ,;„ i ; ,.;,,: manager:whethertor:notmedical attention appearsiiecessery; A first report of accident form ,.:I.::• may be obtained from your manager. This form must be:completed and returned to your manager for further evaluation and completion. 30 ▪ CDSNet 4 FMS Infosery ® Diversified Transportation ® Mobility Plus Transportation. F. ON - THE -JOB 6 MyTransitPlus ® Paul's Yellow Cab 6 Western Transit Systems ® Yellow Cab of Greater Orange County 6 Limousines of South Florida 1. BUSINESS ETHICS AND PROFESSIONAL CONDUCT The successful business operations and reputation of the Company are built upon the principles of professional, fair, and ethical conduct of our employees. A professional image requires you to treat others as you would like to be treated, keep work areas orderly and clean, use appropriate language, be sensitive to cultural diversity, appreciate everyone's contribution to the success of the business, respect others' opinions, be on time, and maintain a positive attitude. The continued success of the Company is also dependent upon our clients' trust in our services and we are dedicated to preserving that trust. Employees should always act in a way that will merit the continued trust and confidence of the public. In furtherance of this policy, no employee may accept a gift or gratuity valued in excess of $100.00 from any customer, vendor, supplier, or other person doing business with the Company. In the case of expenses paid by such persons for business meals or trips, please discuss this with your manager in advance. In no event may a gift, gratuity or expense payment influence a business decision, transaction or service. 2. QUALITY STATEMENT Quality in what we do and the services we provide is a vital and strategic factor in The Company's continued corporate success. The Company defines quality as exceeding expectations, improving the efficiency of our internal business processes, and providing those we serve with total customer satisfaction. The quality we all strive for begins with your best efforts to maintain and improve your work skills, your knowledge of our Company's business activities, understanding of customer needs and teamwork, and the enthusiasm and personal satisfaction that comes with doing a job as best you can. .3. OPEN DOOR POLICY . •emu • • .•.;The Company standsfirm on the belief that everyone.elnplo:yed•rp:rouid:es:va uexto::our4business •:and_;will;alwa,ys.be.a.ke.y•factor .in our success es an•organization:• To° that end,' we- have' adopted ,an_Openpoor Policy in ordertofurtherdemonstrate;theyalue.we.place-on ..our staff•, This;.:.:...•..>;.;,. • ,means that every Manager's door is open to every employee. The purpose of the Open Door • 31 TEC ® CDSNet u FMS Infosery a Diversified Transportation tr Mobility PlusTrersportation ® MyTransitPlus m Paul's Yellow Cab ® Western Transit Systems H Yellow Cab of Greater Orange County ® Limousines of South Florida Policy is to encourage open communication, feedback, and discussion about any matter of importance to our employees. The Company's open door policy means that employees are free to talk with any Manager at any time. Each member of management is responsible for creating an atmosphere free of discrimination. Further, employees are responsible for respecting the rights of their co-workers, clients, consumers, and vendors. A Manager or Supervisor has the responsibility to address the concern and help our staff members understand workplace practices, processes, and business decisions. If an employee does not feel comfortable discussing his or her issue with their immediate Supervisor, the Open Door Policy allows an employee to discuss an issue or concern with the next level or Management and/or Human Resources directly. All Managers and Supervisors should be willing to listen to any workplace concerns and help with resolution or clarification. If you experience any job -related concern in the workplace and would like assistance in communicating these concerns and resolving the issues, or if you believe that you have been treated in an unlawful discriminatory manner, or have been unlawfully harassed, promptly report the incident to your Supervisor or another member of the Management Team. If you believe it would be inappropriate to discuss the matter with your Supervisor, report it directly to the head of your department or to Human Resources. Once made aware of your complaint, we are committed to commence an immediate, thorough investigation of the allegations. Your complaint will be kept confidential to the maximum extent possible. • If at the completion of the investigation, the Company determines that an employee is guilty of inappropriate work conduct as defined in our employee handbook, appropriate disciplinary action will be taken and the matter resolved. Our Company prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in the complaint investigation. However, if after investigating any complaint of unlawful discrimination and/or inappropriate work conduct, the Company determines that an employee intentionally provided false information. regarding the complaint, disciplinary action may be taken against the employee(s) that provided the false information. Additionally, it is expected that every employee conducts themselves in a professional manner at all times, which includes but is not limited to, maintaining a high level of confidentiality regarding any workplace investigations conducted. If an employee is found iolatingth,is professional co,nduct.policy, we will initiate dlsCipllna,ry action which may cnclii. r, r ;termination of employment depending on the nature of the violation. 32 N CDSNet • FMS Infosery N Diversified Transportation re Mobility Plus Transportation 4. BULLYING POLICY c MyTransitPlus c Paul's Yellow Cab • western Transit System ® Yellow Cab of Greater Orange County fc Limousines of South Florida The Company defines bullying as "repeated inappropriate behavior, either direct or indirect whether verbal, physical or otherwise, conducted by one or more employees against another or others, at the place of work and/or in the course of employment." Such behavior violates our Code of Ethics which clearly states that all employees will be treated with dignity and respect. The purpose of this policy is to communicate to all employees, including Supervisors, Managers, and Executives, that our organization will not tolerate bullying behavior in any instance. Employees found in violation of this policy will be disciplined, up to and including termination. Bullying may be intentional or unintentional, however it must be noted that where an allegation of bullying is made, the intention of the alleged bully is irrelevant and will not be given consideration when determining the proper form of discipline. As in sexual harassment, it is the affect of the behavior upon the individual that is important. The Company considers the following types of behavior examples of bullying: • Verbal Bullying: slandering, ridiculing, or maligning a person or his/her family; persistent name calling which is hurtful, insulting, or humiliating; using a person as butt of jokes; abusive and offensive remarks. • Physical Bullying: pushing, shoving, kicking, poking, or tripping; assault or threat of physical assault; damage to a person's work area or property • Gesture Bullying: non-verbal threatening gestures, glances which can convey threatening messages In addition, the following examples may constitute or contribute to evidence of bullying In the workplace: • Persistent singling out of one person • Shouting or raising voice at an individual in the presence of other staff members and/or in private • Using verbal or obscene gestures • Personal insults and use of offensive nicknames • Public humiliation in any form • Constant criticism on matters unrelated or minimally related to the person's job performance or description • Public reprimands • Spreading rumors and/or gossip regarding indiVi;duals: .: e Intentionally manipulating the ability of someone to_.do their work e g overloading, rs=underloading; withholding information, setf r g mea'ningless'tasks, 'setting deadlines that ;'rcannot be met, or giving deliberately ambiguous instructions) 33 Es CDSNet FMS Infosery ® Diversified Transportation V Mobility Plus Transportation • MyTransitPlue ® Paul's Yellow Cab ® Western Transit Systems ti Yellow Cab of Greater Orange County IR Limousines of South Florida • Deliberately excluding an individual or isolating them from work -related activities (meetings, etc) • Unwanted physical contact; physical abuse or threats of abuse to an individual or an individual's property (defacing or marking up property) 5. NEPOTISM POLICY The Company encourages the referral of all qualified candidates for employment consideration; however it is not Company Policy to offer employment opportunities for members of the same family. In the best interest of all employees, those who are involved in a personal relationship outside of the workplace (i.e. dating, married, family, etc.) should not directly supervise, report to, or evaluate one another's performance or work activities. This Nepotism Policy enables the Company to eliminate the potential for conflicts of interest concerning the appearance of favoritism, the creation of morale problems, or spillover conflicts that may occur in the workplace. Our goal is to create a favorable work environment for all employees. The Company has adopted the following nepotism policy: The employment of relatives is prohibited if the situation would result in the creation of: • A relative being hired/employed by another relative, regardless of position within the company • A manager/subordinate relationship between relatives or if a direct managerial relationship would be established in the future as a requirement of the job position. • An actual conflict of interest or the appearance of a conflict of interest. Generally, this restricts the hiring or employment of a relative in any position that has an auditing or control relationship of the employee's job. Please note; Employees who marry or establish a close personal relationship can continue in their current position, as long as it does not create a prohibited employment relationship, until such time as it is practical to make other employment arrangements such as a transfer or change in management structure: 6. NON-DISCRIMINATION AND ANTI -HARASSMENT POLICY The Company is committed to a work environment in which all individuals are treated with respect an. d:.dlgnity...Each:individual has the right to wQrk In a professional atmosphere that: Promotes e ual ern to men't.o ortunities and ro:h bits'd s'crimiriator p• q p y pp p y practices, Including :Tarassment. Therefore, the Company expects that•ail relationships among persons in the ::workplace be business -like and free of bias, prejudice and'unlawful harassmeiaf '° t : _:` 34 I ® CDSNet ® MyTransitPlus • FMS Infnsery Paul's Yellow Cab n Diversified Transportation ® Western Transit Systems Ea Mobility Plus Transportation. El Yellow Cab of Greater Orange County m Limousines of South Florida Definitions of Harassment a. Sexual Harassment constitutes discrimination and is illegal under federal, state, and local laws. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when, for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a supervisor or manager, or by persons doing business with or for the Company. Depending on the circumstances, these behaviors may include, but are not limited to unwanted sexual advances or requests for sexual favors, offering employment benefits in exchange for sexual favors, making or threatening reprisals after a negative response to sexual advances, sexual jokes and innuendo, verbal abuse of a sexual nature, commentary about an individual's body, sexual prowess or sexual deficiencies, leering, catcalls or touching, insulting or obscene comments or gestures, display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail) and other physical, verbal, or visual conduct of a sexual nature. b. Harassment on the basis of any other protected characteristic is also strictly prohibited. Harassment based on gender, gender identity, race, creed, color, religion, sex, age, sexual orientation, national origin or ancestry, physical or mental disability, cancer -related medical condition, marital status, veteran status, or any other characteristic protected by law is strictly prohibited. That is, verbal, visual or physical conduct based on one of these protected categories that: (i) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities, constitutes unlawful:harassme'nt Harassing conduct includes, but is not limited to:epithets •slur"s or negative --:stereotyping, threatening, intimidating or hostile acts, denigrating jokes and -displays, or circulation in the workplace of written or graphic material that 35 • CDSNet • FMS Infosery RI Diversified Transportation El Mobility Plus Transportation • MyTransitPlus IR Paul's Yellow Cab 111 Western Transit Systern's • Yellow Cab of Greater Orange County IN limousines of South Florida . denigrates or shows hostility or aversion toward an individual or group (including through e-mail). Individuals and Conduct Covered These policies apply to all applicants and employees of the Company and persons engaging in business activities with the Company, and prohibit harassment, discrimination, and retaliation whether engaged in by fellow employees, by a manager, or by someone not directly connected to the Company (e.g., an outside vendor, consultant, or customer). Conduct prohibited by these policies is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings, or business - related social events. Retaliation Is Prohibited The Company prohibits retaliation against any individual who reports conduct or practices the individual reasonably believes constitute unlawful discrimination or harassment or because of the employee's participation in an investigation, proceeding or hearing related to employment discrimination or harassment. Retaliation against an individual for such opposition or participation is a violation of law and, like harassment or discrimination itself, will be subject to corrective action, up to and including termination. REPORTING PROCEDURES: Reporting of an Incident of Harassment, Discrimination, or Retaliation The Company strongly urges the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender's Identity or position. Individuals who believe they have witnessed or experienced conduct that they believe contrary to the Company's policy or who have concerns about such matters should file their complaints with their manager or the Human Resources department. Supervisors and managers must immediately report all harassment, discrimination and retaliation complaints to the Human Resources department, The availability of this reporting procedure does not prevent individuals who believe they are being harassed from promptly advising the offender that the behavior is unwelcome and requesting that it be stopped. Any employee who makes a false claim of harassment will be disciplined according to Company policy. Employee's Duty to Disclose Benefits Received ;No.,sup,ervisor,.manager,; or.:officer of The Company',is authorized to.condition the receipt or denial of .any_.benefit,..compensation, or other te,rin ,or,conditio.n of e.mpioyrnent, on .an employee's complying with any sexual demand. To the contrary, all employees are instructed 36 T-ECTR IS • el CDSNat FMS Infosery ti Diversified Transportation Mobility Plus_Trensportetion • MyTransitPlus • Paul's Yellow Cab ® Western Transit Systems gi Yellow Cab of Greater Drange County a Limousines of South Florida that they must refuse such demands and report them promptly to the Human Resources department. Any employee who Is found to have obtained any benefit from the Company because he or she submitted to an unreported sexual demand will be disciplined appropriately, including but not limited to, reimbursement for the value of any benefits received. Any employee making such a demand will be disciplined, up to and including termination. Investigation of Harassment, Discrimination, or Retaliation Any reported allegations of harassment, discrimination, or retaliation must and will be investigated, even if the alleged victim expresses a desire that the Company not investigate. This is the law. The investigation may include individual interviews with all parties involved and, where necessary, with individuals who may have observed the alleged.conduct or may have other relevant knowledge. The investigation will be completed and a determination regarding the harassment alleged will be made and communicated to the employee(s) who complained and the accused harasser(s). If the Company determines that sexual or other prohibited harassment has occurred, the Company will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of harassment is substantiated, appropriate disciplinary action, up to and including termination, will be taken, Confidentiality will be maintained throughout this process to the extent consistent with adequate investigation and appropriate corrective action. Individuals who have questions or concerns about these policies should talk with their Manager or the Human Resources department. 7. ATTENDANCE Employees are responsible for being ready to 'start work at their scheduled time and continue working until their scheduled hours of work are completed. It is your obligation to notify your supervisor as far as possible in advance whenever you will be late or absent. If your supervisor is not available when you call, you must speak to another manager or supervisor, If you are physically unable to make a personal phone call, you must have someone else call for you, Employees having excessive tardiness and absences are subject to disciplinary action up to and including termination. Please consult the Attendance and Punctuality policy of this Handbook for further details. • 8.. DRESS CODE ,... The Company.'s'.official.standard of dressin the office. is=8u'siness CasuaVMohdaythrough rnr Thursday and Casual on Friday. The purpose of the dress code is to uphold the image.pf the, 37 ' L �. B ate®® ▪ CDSNet • FMS Infosery t& Diversified Transportation e Mobility Plus Transportation Irs MyTransitPlus 0 Paul's Yellow Cab li Western Transit Systems Yellow Cab of Greater Orange County II Limousines of South Florida Company and its staff members. Business Casual dress is defined as more comfortable, less structured attire including cotton slacks, golf shirts, sweaters, blazers, and leather footwear. Attire considered inappropriate for the work environment includes sweatpants, athletic outfits, bare mid -drills, shorts, cut-offs, beach sandals, open -toed shoes, and excessive jewelry. Employees who report to work inappropriately dressed may be asked to leave and return in acceptable attire. Compliance with this policy relies primarily on the good judgment of employees in selecting appropriate office attire. Heads of departments may adopt more structured guidelines as their business operations warrant and supervisory management has the overall responsibility for assuring proper attire worn by employees under their area of responsibility. 9. PERSONAL APPEARANCE AND HYGIENE It is expected that all employees will maintain a clean and neat appearance and will project a professional and business -like image in dealing with other employees, clients, vendors, and the general public. Good hygiene and pride in your appearance will ensure that all employees and clients are comfortable in our daily interactions. The Company reserves the right to define appropriate standards of appearance and hygiene in the workplace. 10. EMPLOYEE CONDUCT It is each employee's responsibility to•be aware of and adhere to Company policies, procedures, and common sense standards of conduct. Among the causes for corrective action, which may include immediate termination, are the following: o Any act of dishonesty, including theft or misappropriation of money, supplies, information, services, equipment, or time • • Any act which calls into question the employee's Integrity, such as falsification of company records and documents, competing in business with the Company or any other conflict of interest, divulging trade secrets or confidential information, or conviction of a felony o Anyact which may create a dangerous situation, such as carrying a weapon on Company premises, physically assaulting or verbally threatening another individual, or disregard of property or safety standards• •. Violation of the Company's Substance Abuse Polrcy , •,,, ;•,•,,. _,., , ..;.,,Failure to adhere to attendance or timekeeping regulations • Violat•ion.of the Company's Policies and Procedures; including sexual or other unlawful harassment or discrimination 38 CDSNet FMS Infosery el Diversified Transportation re Mobility Plus Transportation • MyTransitPlus fE Paul's Yellow Cab B. Western Transit Systems ei Yellow Cab of Greater Orange County sl Limousines of South Florida This list is not comprehensive and other actions of a similar nature could also lead to corrective action, up to and including termination. This statement of prohibited conduct also does not alter the Company's policy of employment at will. Should you have a question concerning any of the above or if you are ever in doubt about whether certain conduct is permitted, please consult with your manager or the Human Resources department. • 11. CORRECTIVE ACTION Counseling and corrective actions are intended to provide employees an opportunity to correct performance or conduct deficiencies or, as circumstances warrant, for the Company to terminate the employment relationship. The corrective action process may include counseling, coaching, verbal warnings of dismissal, written warnings of dismissal, or termination of employment. These are not progressive steps that the Company is obligated to follow in any prescribed order. The Company maintains the sole authority, right, and responsibility to respond to the issue, conduct, or event that may lead to the application of corrective actions in the manner deemed appropriate (which may include immediate termination). 12. JOB ABANDONMENT An employee who is absent from work for three (3) consecutive workdays without properly reporting their absence(s) to their manager will be considered to have voluntarily resigned their employment with the Company through job abandonment. Under these circumstances, resignation is effective the first day of the unreported absence. 13. VIOLENCE IN THE WORKPLACE The Company strives to provide a safe workplace for all employees. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of our workplace violence policy. We will not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. Acts or threats of physical violence, including intimidation, harassment and/or coercion, which involve or affect the Company or its employees or which occur on Company property or during work hours, will not be tolerated. • ..,.;, ;;T,nis iprohihition••i.againstvthreatsi•an.d,acts of. violence ;;applies to.:al _persons involved; in•the. • ..operation. of ,the Company, ;including, but not limited to, ,company -personnel, contract and .: temporary workers and anyone\else on company;; property. Violations of this policy, by'any individual on: company property, by any individual acting as a representative of the Company ,while -off company propertyior by any individual acting off company property wherr his or her' 39 AN PR CDSNet • FMS Infosery ® Diversified Transportation A. Mobility PIus.Transportetion ▪ MyTransitPlus 5s Paul's Yellow Cob • Western Transit Systems e Yellow Cab of Greater Orange County g Limousines of South Florida actions affect the business interests of the Company, will lead to disciplinary and/or legal action as appropriate. Workplace violence is any intentional conduct which is sufficiently severe, offensive or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends and/or property such that employment conditions are altered or a hostile, abusive or intimidating work environment is created for one or more company employees. Examples of workplace violence include, but are not limited to, the following: • Threats or acts of violence occurring on company premises, regardless of the relationship between the Company and the parties Involved in the incident. • Threats or acts of violence occurring off company premises involving someone who is acting in the capacity of a representative of the Company. • Threats or acts of violence occurring off company premises involving en employee of the Company if the threats or acts affect the business interests of the Company. • Threats or acts of violence occurring off company premises of which an employee of the Company is a victim if the company determines that the incident may lead to an incident of violence on company premises. • Threats or acts resulting in the conviction of an employee or agent of the Company, or of an individual performing services for the Company on a contract or temporary basis, under any criminal code provision relating to. violence or threats of violence which adversely affect the legitimate business interests of the Company Specific examples of prohibited behaviors: • Causing physical injury to another person • Making threatening remarks to cause injury to another person or to subject another individual to emotional distress o •Intentionally damaging company property or property of another employee o Possession of a weapon while on company property or while on company business o. Committing acts motivated by or related to sexual harassment or domestic violence o Harassing or threatening phone calls 6 Surveillance • Stalking o Veiled threats of physical harm or intimidation i--Any potentially dangerous situations must be reported •immediately to your manager or the :• oHuman Resourcesdepartment.:;Reports can be made anonymously and all reported Incidents • will•be•investigated.. Reports or'incidents warranting ca ifidentialify wilt be Bandied' "' .,,.,iu,::. appropriately and information will be disclosed to others only on a.need-to-know'basis.. All .. 40 N CD51Jet ® FMS Infosery Ea Diversified Transportation a Mobility Plus Transportation ® MyTrensltPlus to Paul's Yellow Cab m Western Transit Systems a Yellow Cab of Greater Orange County ® Limousines of South Florida parties involved in a situation will be counseled and the results of investigations will be discussed with them. Threats, threatening conduct, or any other acts of aggression or violence in the workplace is a violation of this policy. Any employee determined to have committed such acts will be subject to corrective action, up to and including termination. Non -employees engaged in violent acts on the company's premises will be reported to the proper authorities and prosecuted to the fullest extent of the law. Any employee who applies for a temporary or permanent protective or restraining order which lists any Company location as a protected area must provide to the Human Resources department a copy of the petition and declarations used to apply for the order, Any employee who obtains a temporary or permanent protective or restraining order which lists any Company location as a protected area must provide to the Human Resources department a copy of the order. Such information will be kept confidential to the extent possible without compromising the safety and security of Company employees and the Company. Important Note: The Company will make the sole determination of whether, and to what extent, threats or acts of violence will be acted upon by the Company. in making this determination, the Company may undertake a case -by -case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence has occurred, No provision of this policy shall alter the at -will nature of employment at the Company. 14. WEAPONS IN THE WORKPLACE The Company believes it is important to establish a clear policy that specifically addresses weapons in the workplace. The Company prohibits all persons who enter Company property from carrying a handgun, firearm, or weapon of any kind onto the property,regardless of whether the person is licensed to carry the weapon. Prohibited weapons include any form of weapon restricted under local, state, or federal regulation, including all firearms and illegal knives. This policy applies to all Company employees, temporary employees, visitors on Company property, and customers and contractors on Company property. The only exceptions to this policy will be police officers, security guards, or any other persons given written consent by the Company to carry a weapon on the property. If you have any questions about whether an item is covered by this policy, please ask your manager or the Human Resources department. Failure to abide by all terms and conditions of the'policy'descri'bed above may result in correetive ction up •to and ineluding`termination from the;Companyr_' Further, carrying a weapon onto Company property in violation_of this :be;considered.an act of criminal trespass and will beigrounds for immediate removal.from Company property and may result in prosecution, 41 • CDSNet • FMS Infosery a Diversified Transportation a Mobility Plus Transportation 15. CONFIDENTIAL INFORMATION AND PROPERTY STEWARDSHIP MyTrensitPlus a Paul's Yellow Cab t Western Transit Systems • Yellow Cab of Greater Orange County • Limousines of South Florida The protection of business information, property, and all other Company assets are vital to the interests and success of the Company. No company -related information or property, including documents, files, records, computer files, equipment, office supplies, or similar materials may be removed from the premises (except in the ordinary course of performing duties on the Company's behalf). In addition, when an employee leaves employment, all company -related information and property that the employee has In his/her possession must be returned on the last date of employment. Violation of this policy is a serious offense and may result in appropriate corrective action.up to and including prosecution. During the course of employment with the Company, employees will encounter confidential information about the Company, its employees, customers, suppliers and vendors. Confidential information includes, but is in no way limited to financial records, personnel and payroll records (regarding current or past employees), information regarding customer transactions, customer account information, information regarding customers, vendors or suppliers, trade secrets, and any documents or information regarding the Company operations, procedures or practices. Confidential information is to be divulged only to individuals within the Company with a need to receive, and authorization to receive, such information. If in doubt as to whether information should be divulged, err in favor of not divulging information and discuss the situation with your supervisor. Employees will be subject to appropriate corrective action, up to and including termination from the Company, for knowingly or unknowingly revealing confidential information. Additionally, confidential information may not be removed from Company premises without express written authorization from an officer of the Company. Confidential information obtained during or through employment with the Company may not be used by any employee for the purpose of furthering current or future outside employment or activities or for obtaining personal gain or profit. Employees may be required to enter into a written confidentiality and/or non -solicitation agreement as a condition of employment or continued employment. • 16. USE OF COMPUTER SYSTEMS AND COMPANY EQUIPMENT Corporate Software The Company provides certain supplies and materials necessary for you to perform your job . including. Company provided software. Only software tha.t'is-needed for legitimate business''' ; purposes.is to b.e installed on company computers. ..Installation of personal software on ,_..,.;.:. Company: computers is strictlyproh b,ited, The Company reserves the. right to.install.monitoring - software, at the server and..desktop levels to ensure compliance with Company policies. Disabling:monitoring software is prohibited and cause for corrective action. Employees, 42 AJNIS CDSNet FMS lnfosery 5 Diversified,Transportation la Mobility Plus Transportation MyTransitPlus a Paul's Yellow Cab ® Western Transit Systems a Yellow Cab of Greater Orange County a Limousines of South Florida managers, and the Information Technology department have a shared responsibility to ensure that all software residing on Company computer systems is properly installed, licensed, and approved for business purposes. You may access only files or programs that you have permission to enter. Unauthorized review of files, dissemination of passwords, the creation or use of passwords not authorized by the Company, damage to systems, removal of files, removal of programs or improper use of information contained in any software or other technical system or application may be grounds for corrective action, up to and including termination. Company. Equipment • Employees are expected to exercise care in the use of Company equipment and property and use such property only for authorized purposes. Loss, damage, or theft of Company equipment should be reported at once. Negligence in the care and use of Company equipment may be considered grounds for corrective action up to and including termination from the Company. Employees are also expected to exercise good judgment in using the Company's computers and computer network. The computing assets of the Company are subject to frequent attack from external sources (e.g., viruses, hackers, etc.). Employees are In no way entitled to disable any kind of virus -scanning, asset inventory, or similar software that is periodically run for the protection of the Company's computing assets. It is also strongly recommended that employees use great caution when opening files that are received via email or that are available on the Internet that could in any way compromise the Company's security. To protect against any such compromise, all employees are encouraged to consult with the Information Technology team regarding any file, web page, email, etc. that is considered suspicious or potentially damaging. The Company also retains the right to retain any employee password for their personal computer, network access, or locked file (e,g., spreadsheet, document, etc.). Use of passwords or other security measures does.not diminish the Company's right to access materials on its system. Any password used by employees must be revealed to the Company if required by Management. The Company's information equipment, including e-mail and voicemail systems, fax machines, computers, including Internet and World Wide Web, pagers, beepers, postage, facsimile and :=Y ,,copier• -machines; -are mended for business purpose use:only. Sea'rches.Oftth2.Conip'aiiy s >:,c.:rec: vvr•:nauLan!aIinfo,rrnation,e.qui:prnent may be;conducted without,advance notice In order to ensure that. :(, ,:r::cthey are;bei.ng used exclusively to facilitate transmittal.of business related information_ 43 • CDSNet • FMS infosery m Diversified Transportation ® Mobility Plus Transportation MyTransitPlus Paul's Yellow Cab Western Transit Systems m Yellow Cab of Greater orange County m Limousines of South Florida The following applies (as further elaborated below) to the use by employees of all of the Company's information equipment, including use of the Internet and World Wide Web, e-mail and voicemail systems, fax machines, computers, pagers, beepers, and any other communication or information -transmittal device: 1. The Company' harassment, discrimination and solicitation policies all extend to such use. 2. Commercial use of any of the Company's electronic communication systems that is not directly for the benefit of the Company is prohibited, 3, No electronic cornmunication device, including the Internet and World Wide Web, may be used in a manner that infringes upon the rights of others to proprietary, trademarked, confidential or trade secret information. 4. Such devices may not he used for any competitive purpose or any purpose that creates an actual, potential or apparent conflict of interest. The use of the Company's information equipment in any manner that may be disruptive, offensive to others, or harmful to morale is specifically prohibited, including but not limited to the display or transmission of sexually explicit images, messages and cartoons, as well as the use of any ethnic slurs or communication that may be construed as harassment or disparagement of others. Such transmissions may be grounds for disciplinary action, up to and including termination. Searches of The Company' information equipment may be conducted without advance notice in order to ensure it is being used exclusively to facilitate transmittal of business -related information. Safety Issues for Blackberry, PDA, Pager and Cellular Telephone Users Anyone who uses a Blackberry, PDA, pager or cellular telephone for Company business is expected to put safety above all other concerns. In compliance with California law, employees are prohibited from using the text messaging, email or Internet features of Blackberries, PDAs, pagers or cell phones while driving. Also in compliance with California law, employees are prohibited from using a cellular telephone (or the cell phone features of Blackberries or PDAs) while driving, unless using a hands -free device and, even then, such use is strongly discouraged while driving. If an employee must initiate a telephone call using a Blackberry, PDA or cell phone, the employee should pull off the road in a safe place or park. The Company does not require employees to place or receive electronic or cellular communications while driving. .Accordingly, any person who uses a Blackberry, PDA,_pager orrcellular phone and is charged• - with. a' violation' of law resulting.from the use of such`' electronic devices while driving,'including traffic citations, will be solely're'sponsible for any acc`"id'efif laim; l'ik lity, fine, or other. q Y g ...�,.,. a •.::: , eonse uences of the use of a f3lackbe.rr ,•PDA, p er�orceli"pflorie':"'r-��:; • 44 Pren L I CDSNet FMS Infosery ta Diversified Transportation 0 Mobility Plus Transportation MyTransitPlus lz Paul's Yellow:Cab I8 Western Transit. Systems NI Yellow Cab of Greater Orange County m Limousines of South Florida • Use of any of the above Company's equipment constitutes consent by the user to all of the terms and conditions of this policy regarding computer systems and Company equipment. 17, E-MAIL AND INTERNET USE POLICY Every employee is responsible for.using the Internet and electronic mail (e-mail) system properly and in accordance with this policy. This policy specifically addresses e-mail and Internet use for Company business purposes. The Internet can be a valuable source of information and research. In addition, e-mail can provide excellent means of communicating with other employees, customers, outside vendors, and other businesses, Use of the Internet for Company business, however, must be tempered with common sense and good judgment. If you abuse your right to use the Internet, you may be subject to corrective action up to and including termination from the Company as well as civil and criminal liability. Disclaimer of Liability for Use of Internet and Email The Company is not responsible for material viewed or downloaded by users from the Internet or via e-mail. The Internet is a worldwide network that contains millions of pages of information, Users are cautioned that many of these pages and external emails include offensive, sexually explicit, and inappropriate material. Although the Company employs various tools to filter out some offensive content, users accessing the Internet and e-mail do so at their own risk. No Expectation of Privacy The computers and computer accounts given employees are to assist them in performing their jobs. Employees should not have an expectation of privacy in anything they create, store, send, or receive on the Company's computer system. The computer system belongs to the Company and may only be used for business purposes. Monitoring Computer Usage The Company has the duty to monitor any and all aspects of the computer system, including sites visited by employees on the Internet, chat and news groups, material downloaded or uploaded by users, and e-mail sent and received by users, _Prohibited Activities Material that is fraudulent,. harassing; embarrassing sexually expllclt, profane, obscene, intimidating, defainatory;;or otherwise unlawful, Inappropriate, offensive, oha`violation of Company',equal~employment opportunity policy ani'its'p'oicies•against sexual or other harassment may not be downloaded from the Internet or displayed or stored in the Company's 45 AINI CCSIVet • FMS Infosery ® Diversified Transportation e Mobility Plus Transportation W MyTransitPlus O Paul's Yellow Cab FA Western Transit Systems Yellow Cab of Greater Orange County e Limousines of South Florida computers, Employees encountering or receiving this kind of material should immediately report the incident to their manager or to the Human Resources department. Sending Unsolicited E-Mail (Spamming) Without the express permission of their manager, employees may not send unsolicited e-mail to persons with whom they do not have a prior relationship. Blogging Except as permitted by lave, no Company employee may post by blogging1 comments that are: unlawfully discriminatory or harassing, that unlawfully defame or disparage the Company's business, work product, or management; or that reflect a lack of professionalism as a Company employee. If an employee is dissatisfied with any aspect of the Company's operation, the employee is encouraged to .bring those concerns to the Human Resources department. Employees have ethical and other obligations to keep confidential proprietary and other information about the Company. Amendments and Revisions This policy may be amended or revised as the need arises. Users will be provided with copies of all amendments and revisions. Violations of this policy will be taken seriously and may result in corrective action, including possible termination and/or civil and criminal liability. Use of e-mail and the Internet via the Company's computer system constitutes consent by the user to all of the terms and conditions of this policy. 18. VOICE MAIL POLICY The Voice Mail system is the property of the Company. It has been provided for use in conducting Company business and its use is subject to the Company's harassment, discrimination and solicitation policies. All communications and information transmitted by, received from, or stored in this system are Company records and property of the Company. Employees have no right of personal privacy in any matter stored in, created, received, or sent over the Voice Mail system. Use of passwords or other security measures does not _ . diminish the _Company's right to_access materials onits_system,Any , pass.wordused:by. employees must. berevealed to the Company if required by Management as Voice Mai • messages May need to -be accessed in an employee's,absence `'- Hlogging" consists. of Me posting of writings or other content on a publicly available Internet site by an individual. 46 TECT CDSNet a FMS Infosery ® Diversified Transportation Mobility Plus Transportation MyTransitPlus Paul's Yellow Cab E Western Transit Systems Pi Yellow Cab of Greater Orange County Et Limousines of South Florida, Any employee who discovers misuse of the Voice Mail system should immediately contact the Human Resources department. Violations of the Company's Voice Mail policy may result in corrective action up to and including termination from the Company. The Company has the right to modify this policy at any time, with or without notice. 19. PERSONAL TELEPHONE CALLS Because a large percentage of our business is conducted over the phone, it is essential to project a professional telephone manner at all times, Although the Company realizes that there are times during a normal work day when an employee may need to use the telephone/cell phone for personal reasons, it is expected that good judgment will be used in limiting the length and frequency of such calls, Personal cell phones should be on silent or vibrate during normal company hours, as cell phone ringing can be disruptive to the work environment. 20. SOLICITATION, DISTRIBUTION AND POSTING POLICY To maintain and promote a safe and efficient workplace and to avoid interference with and disruption of Company operations and employees' work, solicitations, collections and circulation of petitions by employees during working time are prohibited, Working time includes the working time of both the employee doing the soliciting and the employee being solicited but excludes meal and break periods and time before and after work. Distribution of literature by employees during working time or in working areas at any time is also prohibited. In addition, the posting of notices or literature of any kind on Company property or premises by anyone other than management is prohibited. Non -employees are not allowed on Company property or premises for solicitation, distribution or posting of literature at any time. Any violation of this policy will result in disciplinary action up to and including termination, 21, SMOKE-FREE/TOBACCO-FREE POLICY The Company is committed to being a smoke-free/tobacco-free work environment. Smoking or ,.,.,•,._;_,, ;use.,of.,othertoba.cco,prod.ucts is,not permitted inside..of company:o:ffices.and faeili.ties. ,T:his• •c,.; c;_:, ,;pol. cy.:also extends:to: all,common areas such as lobb.ies,..lounges,,_>vaiting areaseleyators,._, „r ;• ,,, stairwells,..r.estrooms,,or,cornpan.y vehicles. Outside;is'moking or•,chewing'tobacco restricted within.twenty (20) feet of all building entrances, exits, operable windows, and air • intakes. 47 -,l,::ul miff CDSNet to MyTransitPlus FMS Infosery 153 Paul's Yellow Cab ® Diversified Transportation ® Western Transit Systems Mobility Plus Transportation. tE Yellow Cab of Greater Orange County • a Limousines of South Florida Smoking or chewing tobacco is strictly prohibited when dealing with public and/or serving clients. 22. SUBSTANCE ABUSE POLICY It is the policy of the Company to provide a healthy workplace and to take reasonable measures to ensure that alcohol or drug use does not jeopardize the success or safety of our operations, employees, or customers. The use of drugs and alcohol is a concern when it interferes with the efficient and/or safe performance of work, or•an employee's dependability. Individuals who are under the influence of drugs and/or alcohol are a danger not only to themselves; but to all those around them. The misuse of drugs and/or alcohol can also severely impact an employee's performance, increase absenteeism, and contribute to Increased medical expenses. To enforce the Company's commitment to a drug -free workplace, the following actions are prohibited: • Using, possessing, distributing, selling, dispensing, manufacturing, transferring, offering, furnishing, or having in one's system illegal or illicit drugs (as defined under state and federal law and regulations) while working, while on Company premises, or when such conduct could, in the judgment of Company management, adversely affect the Company's interests; • Using, possessing, selling, transporting, offering, or dispensing any product containing alcohol on Company premises or while engaged in the conduct of company business. [unless the consumption of alcohol at a Company -sponsored event has been approved in advance by the management team and employees who choose to consume alcohol at the event refrain from becoming intoxicated or impaired) • Working while using prescription or over-the-counter drugs which could impair alertness, judgment, or coordination or otherwise affect the employee's ability to work safely. Employees who must use a medication that may affect their ability to perform safely are askedto inform their manager, in advance of starting to work, of any restrictions imposed by the employee's physician, or warnings included in the packaging accompanying the medication that might affect the employee's ability to work safely, so that the manager can make a decision regarding the employee's ability to work safely while he or she uses the medication. • Please note that "medical marijuana" is illegal as a matter of federal law, and that the; use. of,7medical marijuana" violates Companyipolicy and will result in disciplinary action, up to and. including termination... If the Management Team has "reasonable suspicion" that an employee is under the influence of drugs or'alcshol_on:Cornpanypremises, management will request for the employee to he tested.and; disciplinary actions will be taken if test results are positive. The Company will 48 N 1 CDSNet FMS lnfosery ti Diversified Transportation Mobility Plus Transportation • MyTransitPlus • Paul's Yellow Cab ® Western Transit Systems ® Yellow Cab of Greater Orange County ® Limousines of South Florida terminate any employee who refuses testing (including attempts to tamper with or evade the testing process). Testing Procedures The Company will: 1. Use only State/NIDA certified laboratories for its job -related drug testing. Alcohol tests will typically be performed by a trained breath -alcohol technician using an Evidential Breath Testing device, and will be confirmed at the test location by conducting a second test. Alcohol tests are considered positive if they reveal the presence of 0.02 percent or more in an employee's system. 2. Inform the tested employee, at the employee's request, of the address of the laboratory that will test the specimen, 3. Use the least intrusive test methods necessary to ensure the integrity of the sample and to ensure chain -of -custody of all test samples. 4, Employees' whose drug tests are confirmed positive by the laboratory will be contacted by the company's contracted Medical Review Officer (MRO) (a physician with knowledge of toxicology) and offered the opportunity to explain, in confidence, any reasons the employee may believe the test result does not reveal illegal drug use (such as, for example,, evidence that the employee has a valid prescription for the drug detected). If the M RO concludes that the test result was caused by other than conduct that violates this policy, he or she will report the test result as negative to the Company. 5. Offer employees with verified positive drug test results the opportunity to have their remaining test specimen re -tested, at the employee's expense, and will reimburse the employee the cost of.the re-test.and any lost back pay if the re -test results do not confirm the presence of a prohibited drug. 6. Provide any employee who has tested positive and whose testresults have been confirmed with the following information within 30 days of the testing date: a. A copy of the laboratory test including results b. A copy of this written policy on the use or abuse of controlled dangerous substances c. If applicable, written notice of the Company's intent to take disciplinary action, terminate employment, or change the conditions of continued employment Any.employee who violates the Company's Substance Abuse Policy may be -subject to corrective action up to and including termination of employment. •49 TE G. SAFETY a CDSNet FMS Infosery t Diversified Transportation a Mobility Plus Transportation • MyTransitPlus ® Paul's Yellow Cab a Western Transit Systems Q Yellow Cab of Greater Orange. County a Limousines of South Florida 1. INJURIES, ACCIDENTS, AND EMERGENCIES Maintaining a safe work environment requires the continuous cooperation of all employees. The Company strongly encourages staff to communicate with fellow employees and their manager regarding any safety issues. If an employee is injured on the job, the Company provides coverage and protection in accordance with Workers' Compensation Laws. When an injury is sustained while at work, it must be reported immediately to the employee's manager, who in turn will notify the Human Resources department and/or Risk Management of the accident. Failure to report accidents is a serious matter, as it may preclude an employee's coverage under Workers' Compensation Insurance. .:i'riiiYJiPf an{�:5' .�s.,:e:•s'.'vlce .':::`W ^sir\'�i 50 ▪ CDSNet A FMS Infosery ® Diversified Transportation ® Mobility Plus Transportation H. SECURITY A MyTransitPlus la Paul's Yellow Cab 12 Western Transit Systems 2 Yellow Cab of Greater Orange County El Limousines of South Florida 1. GUESTS AND VISITORS At designated times and with proper notice and approval from management, guests and visitors are welcome at the Company. All guests and visitors are required to follow the Company's security policies, An employee must escort all guests, visitors, and family members when they are in our workplace. The safety of our guests and visitors, especially minors, is important, as is the need to maintain a work environment free of disruption and distraction, It is also important to maintain the security of our work environment and safeguard Company property and confidential information. 2. CHILDREN AND PET VISITS On occasion; employees may request that their child(ren) be allowed to visit the office. During these visits, all children must be directly supervised by their guardian at all times, The management team may deny requests for these visits based on work demands on that particular day. Due to health and safety reasons, the Company does not allow animals in the workplace. Pet visits are strictly prohibited. 3. COMPANY PROPERTY All Company owned, leased, or provided equipment, materials, and supplies are the property of the Company. Each employee is obligated, as a condition of employment, to exercise prudent, safe, 'and effective use of all equipment, including company vehicles, materials, and supplies provided for employee use, Unauthorized removal or use of company property, equipment, or materials (whether in use, surplus, or discarded) or their misuse may result in corrective action up to and including termination from the Company and/or prosecution to the fullest extent of the law. Upon termination of employment from the Company, you are required to return all Company property to your manager or to the Human Resources department. 4. THEFT AND VANDALISM • ;Each employee has the responsibility to safeguard and protect not only Cohipany property, but :also their own personal -effects and those of their coworkers:"In'addition; vandalism or willful• I; ..:_, I,• ; ;.destruction of.Cornpany.property orthe personal..prho.perty,ofothesRalLnotb tolerated, , , . 51 ECT • CDSNet ® FMS Infosery MyTransitPlus s Paul's Yellow Cab m Diversified Transportation .la Western Transit Systems • Mobility Plus Transportation ® Yellow Cab of Greater Orange County s Limousines of South Florida It is strongly recommended that employees not bring unnecessary valuables into the workplace. The Company is not responsible for the loss, theft, or destruction of an employee's personal effects. Incidents of theft, vandalism, or willful destruction of the Company or personal property will be vigorously investigated by Company personnel and, if appropriate, local law enforcement officials. An employee found responsible for such acts may be subject to, corrective action up to and including termination from the Company and possible criminal prosecution. 5. INVESTIGATIONS AND SEARCHES In some instances, an official investigation by the Company or local law enforcement officials may he warranted. In some Instances, the Company may engage the services of private investigators. In addition, the Company may conduct internal investigations and searches pertaining to security, auditing, or work -related matters. All employees are required to fully cooperate with those persons assigned by the Company to participate in an official Company investigation. The Company will generally try to obtain an employee's consent before conducting a search or investigation but may not always be able to do so. 52 ▪ CDSldet • FMS Infosery c Diversified Transportation • Mobility Plus Transportation [, FACILITIES MyTransitPlus • Paul's Yellow Gab • Wootern Transit Systems is Yellow Cab of Greater Orange County Ea Limousines of South Florida , . 1. CLEAN ENVIRONMENT Ensuring the protection and cleanliness of our work environment is,part of the responsibility of each employee. The following measures will help ensure effective environmental protection at the Company and a safe and healthy work site. • Report accidental spills or other releases of materials to sinks, floor drains, or the environment • Be sure your work area is free of clutter and other hazards o Be aware of situations that may prove hazardous to you, your co-workers, visitors, and guests. Report any problems or concerns to your manager immediately O Discard materials such as paper, toner cartridges, and cleaning materials in proper receptacles and/or recycling bins 2. WORK AREA ENVIRONMENT The Company is proud of the office and facilities we have established and maintain, Great efforts have been made to provide our employees with work areas that are efficient, comfortable, and that are based on sound ergonomic design. We urge you to respect your work area you have been provided by keeping it neat, clean, and free of clutter. The Company encourages employees to personalize their own work areas within the boundaries of good taste. Any work area personalization that violates Company policy, draws unnecessary attention or is disruptive to the work environment will be removed immediately. 53 E J. FINANCIAL POLICY m CDSNet FMS Infosery Diversified Transportation a Mobility Plus Transportation m MyTransitPlus a Paul's Yellow Cab 6 Western Transit Systems ® Yellow Cab of Greater Orange County m Limousines of South Florida 1. TRAVEL/EXPENSE POLICY The Company reimburses actual, reasonable, and customary travel expenses incurred by employees authorized to travel for business purposes. Employees are expected to use the most cost effective modes of transportation and choose reasonably priced accommodations and meals. Company expense reports and instructions on how they are to be completed may be obtained from your manager. Eligible expenses to be reimbursed must be reported on expense reports, signed by the employee incurring the expense, and approved by the employee's manager. Expense reports should be submitted promptly after expenses are incurred. Misrepresenting or falsifying information on an expense report may result in corrective action up to and including termination from the Company. Receipts Occasionally an employee will incur authorized expenses on behalf of the Company while conducting Company business, Receipts for these expenses must be obtained and properly reported to your manager in order for you to be reimbursed. Meals Employees will be reimbursed for reasonable and actual costs for personal meals during any approved long distance business trip. Receipts must support all meal reimbursements. Mileage Allowance Any official business that requires travel must be approved in advance by his/her manager or an officer of the Company In order to be reimbursed. Mileage can be reported on the travel and expense form. At such travel by private automobile will be reimbursed based on the actual miles driven and in accordance with the current governmental reimbursement rate. All travel and expense forms should be signed by your manager. Traffic and Parking Tickets Employees are not eligible for reimbursement of expenses for traffic and parking tickets while ;.operating.Company owned; rented, or personal vehicles;on;°Coiiipany Business;,;, :.: - 2. TRAINING, PROGRAMS,SEMINARS AND OUTSIDE ACTIVITIES :.,,;:•,;:,;,_ , �,;-,,;;;•,,,,:Fo.r the benefit.of_the Company and/or individual employees, it may -be neces'sary''for`''' '"`:'' ..<.:_;employees.to attend training programs, seminars,. conferences, lectures, meetings -or other; 54 AN CDSNet Ia MyTransitPlus m FMS Infosery m Paul's Yellow Cab IN Diversified Transportation ¢ Western Transit Systems m Mobility Plus Transportation ® Yellow Cab of Greater Orange County l Limousines of South Florida outside activities. Attendance at such activities may be required by the Company or requested by individual employees. Such attendance will not, under any circumstance, be considered an officially authorized activity, subject to the following policies on reimbursement and cornpensation, unless prior written approval has been issued by the Company. To obtain approval, employees wishing to attend outside activities must submit a written request detailing all relevant information including date, hours, location, cost, expenses, the nature and purpose of the training, and the work -related justification for attendance. When attendance is required or authorized in writing by the Company, customary and reasonable expense's will be reimbursed upon submission of proper receipts pursuant to the Travel/Expense Policy (above). Employee attendance at required outside activities will be considered hours worked for non- exempt employees and will be compensated in accordance with normal payroll practices. This policy does not apply to an employee's voluntary attendance outside of normal.working hours in formal or informal educational instruction or instruction which generally leads to improved job performance. While the Company generally encourages all employees to improve their job skills and promotional qualifications, such activities will not be subject to this policy regarding reimbursement or compensation unless the Company requires participation or attendance. 55 COSNet • FMS Infosery ® Diversified Transportation O Mobility Plus Transportation K. LEAVING THE COMPANY • MyTransitPlus O Paul's Yellow Cab • Western Trans t.Systerns Yellow Dab of Greater Orange County 6 .Limousines of South. Florida 1. POST RESIGNATION/TERMINATION PROCEDURES The employment relationship between you and the Company is at -will in that either you or the Company may terminate the employment relationship at any time for any reason. An employee who intends to resign his or her employment with the Company should do so in writing to his or her manager. It is customary for resigning employees to provide the Company with at least two (2) weeks notice of their intended resignation date. Managers should provide at least three (3) weeks notice of their intended resignation date. Exit interview The Human Resources department normally conducts exit interviews with separating employees to ensure an orderly closure of the employment relationship. The Human Resources department is responsible for scheduling an exit interview with a terminating employee near or on the employee's last day of employment and for arranging the return of Company property, Benefits Benefits coverage will end upon the last day of the month in which the employee is separated from the Company. An employee has the option to continue Medical Benefits in accordance with the Consolidated Omnibus Budged Reconciliation Act (COBRA) regulations. Employees may choose the continuation or waiver of comprehensive medical and dental coverage under COBRA, Specific information will be mailed to the employee's home address after their date of separation from the Company. Final Paycheck The employee's final paycheck will. be available to the employee in accordance with state and Federal laws and regulations. If there are any unpaid obligations to the Company, the final paycheck may reflect any appropriate deductions/adjustments. 2. REDUCTIONS IN FORCE If it becomes necessary to restructure our operations or reduce the number of employees, the Company will attempt to provide advance notice, if possible, so as to minimize the impact on ' those affected. If possible or as required by law, employees subject to layoff will be informed of the nature of the layoff and the foreseeable durat.ioppf the layoff,, whsthec short,ter.m _or,;.,•,,.;: ,• .: . indefinite...... • In;determiining which employees will be subject to layoff, the Coft pany will take into account, „a;mong other. things, operational requirements, the skill, productivity, ability and past, performance, disciplinary records, and also, where feasible, length of service. 56 ® CDSNet ® MyTransitPlus FMS Infosery ® Paul's Yellow Cab ® Diversified Transportation ® Western Transit Systems ® Mobility Plus Transportation Yellow Cab of Greater Orange County . . ® Limousines of South Florida ANNUAL ACKNOWLEDGMENT AND AGREEMENT This is to acknowledge that I have received a copy of the Company's Employee Handbook and understand that it sets forth the terms and conditions of my employment as well as the duties, responsibilities and obligations of employment with the Company. I understand and agree that it is my responsibility to read and familiarize myself with the provisions of the Employee landbook and to abide by the policies in it. If I do not understand any Company policy or procedure, I understand that I should address any questions to the Human Resources department. I understand and agree that the Employee Handbook, in whole or In part, is not a contract of employment, nor is it evidence of a contract between the Company and me. I also acknowledge that, except for the policy of at -will employment, including any collective bargaining or alternative work schedule agreement, the terms and conditions set forth in this handbook may be modified, changed or deleted .at any time provided such changes are in writing and approved by the Senior Vice -President of Human Resources of the Company. Any agreement between the Company and me of any kind pertaining to any term or condition of my employment or its termination must be in writing. I also acknowledge and agree that my employment with the Company Is not for a specified period of time and can be terminated or modified at will at any time for any reason, with or without cause or notice, by the Company, No one in the Company has made any statements to the contrary to me and I acknowledge that no oral statements or representations regarding my employment by anyone in the Company can alter the foregoing, My at -will -employment status can be changed only in writing by an authorized Company representative. No other communications to me, whether oral or in writing, can constitute nor be evidence of any contract of employment for any specified period of time. I agree that, except for any complaint of harassment or discrimination that I may have currently pending as of the date below, from my first date of employment I have had no cause to complain about discrimination or harassment. I acknowledge that at all times I have been fully aware of the Company's procedures for addressing such complaints. I also agree that, with regard to any such complaints I may have made before the date below, they have been resolved to my satisfaction. THIS PARAGRAPH APPLIES ONLY TO CURRENT NON-EXEMPT EMPLOYEES: I also agree that, other than any amount of currently owing overtime as of the date below, I have been compensated by the Company for any and all overtime which I may have worked and that I have fully reported any such overtime which I believe may have been owed to me. 1 have also received all applicable meal and rest periods. Employee Signature Print Employee Name -•• Witness Signature • • 5.7 Date to CDSNet FMS Infosery m Diversified Transportation 12 Mobility Plus Transportatiori • • MyTransitPlus 15 Paul's Yellow Cab t8 Western Transit Systems Yellow Cab of Greater Grange County fe Limousines of South Florida EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY MEDICAL LEAVE ACT Bask Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job - protected leave to eligible employees for the folloveing reasons: • For Incapacity due to pregnancy, prenatal medical care or child birth; To care for the employee's child after birth, or placement for adoption or foster care; • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or • For a serious health condition that makes the employee unable to perform the employee's Job. Military Family Leave Entitlements Eligible employees with a spouse; son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post -deployment reintegration briefings. FMLA also Includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, Including a member of the National Guard or Reserves, who has a seriousinjury or Illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember Is undergoing medical treatment, recuperation, or therapy; or Is In outpatient status; or ison the temporary disability retired list. Benefits and Protections During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms, Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave, Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and it at least 50 employees are employed by the employer within 75 miles. Definition of Serious Health Condition A serious health condition is an Illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical rare facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functiors of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may met bras period ofiricapecltybf'more than 3 consecutive' calendar days' combined with+at least two visits toia health care provider or one visit and a regimen of continuing treatment, or Incapacity due to pregnancy, or Incapacltydue to a.chroflt'cdndltlon, other conditions may meet the - _ .. deflnition'of continuing treatment.ei ••ii' ' 58 Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave, In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal cat -in procedures. Employees must provide sufficient Information for the employer to determine If the leave may qualify for FMLA protection and the anticipated timing and duration of the leave, Sufficient Information may include that the employee is unable to perform Job functions, thefamily member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave, Employees also must Inform the employer If the requested leave Is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities Covered employers must Inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must Inform employees If leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLA- protected, the employer must notify the employee. Unlawful Acts by Employers • FMLA makes It unlawful for any employer for • Interfere with, restrain, or deny the exercise of any right provided under FMLA; • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may Ole a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or _' stipersede any State Or locil law or collective bargaining agreement which provides greater family or medical ieaverights. • .. FMLA sectioh.109 (29.U.S.C. . 2619) requires FMLA ioveredempioyers to post the text of this notice, Regulations 29 C.F.R.§ 825.300(a) may require additional disclosures, U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division WHO Publication 1420 Kfllfld ibnuaiy tops For additional information: I -866-4US-WAGE (1-866-487.-9243) TTY: 1-877-889-5627 WWW. \ VA GEHPURXIOL.GOV : . : Exhibit C "Interlocal Agreement with Miami -Dade Transit" 251Pag;e Interlocal Agreement Between Miami -Dade County and the City of Miami for the Provision of Public Transportation Services This is an Interloeal Agreement ("Agreement"), made and entered into by and. between Miami -Dade County, apolitical subdivision of the State of Florida, hereinafter referred to as the County" and the City of Miami;, a municipal corporation of the State of Florida, hereinafter referred to as "the City". WITNES S.ETH: WHEREAS, residents of the City of Miami.wish to enhance their transit mobility, and. the. operation -of a municipal circulator provides the opportunity of transit taniatch the .travel needs of the residents'o.f City of Mia'iiii; and WHEREAS; the provision of regularly scheduled transit circulator services can help decrease the need for specialized transportation services by the County; and WHEREAS, the provision of regularly scheduled transit circulator:service will connect with existing Miami -Dade Transit (MDT) services and help increase the use of 'services provided by MDT; and WHEREAS, the City :has sponsored and is..willing to piovide an altematiue form of supplemental public transit throughout the Cityand lias secured. -and obii atedtlie necessary funds to provide; NOW THEREFORE, the parties .agree that the city of. Miami supplernental public transit mostly performed by Trolley Buses: will be conducted in accordance with this Agreement and. all applicable Federal,. State,. County, and City laws, codes, rules and regulations; and IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and the City agree as follows: 1.1 ARTICLE .1 DEFIN1T1ONS "'ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2. "Charter Service As defined in Federal Transit Administration ("PTA"), Final Rule on Charter Service as amended. 1.3 "Contractor" shall mean any entity, public or private providing public .circulator services as described in this Agreement -under contract to the City. 1.4 "Circulator" shall mean fixed route or :semi -fixed route publ.i.c transportation eii.eurator services where at least seventy (70%) percent of the route is within the City and said .circulator service is operated by the city, directly or by contract, pursuant to this Agreement and Chapter 31 of the, code.of Miathi-Dade. Ceinity. May also be known. as "Trolley 1.5. The County". shall incite& Miami -Dade County, the MiamidDade Transit,the Miami -bade Consumer.ServiceS Deparrnient, and authorized representatives thereof, • 1.6 "The City" shall mean 'City of Miami and authorized representatives there. 1.7 "FDOT".shall mean the Florida Department of Transportation .and authorized.: 1.8"MDT" shall Mean. thelMiatni-Dade Transit anct authorized representativeS thereof. 1.9 "USDOT" shallrefer to the U.& Department of Transportation, its Hiles and regulatiens.and representatives thereof, 1.10 "FTA" shall ineari the Federal. Transit Administration, its rules and regulation, representatives thereof,' 1.11 '"GSD"shall mean the Consumer Services Department of Miarni-Dade County • 1.12 "PTRD" shall refer to the Passenger Transportation Regulatory division of CSD, 1.13 "Federal Reporting Requireinents" shall mean those requirements 'referenced in 49 CFR Section 5333(a); as maybe amended from time to time, and found in the National* Transit Database Reporting Manualpublished by the -PTA. 1.14 "Fares" for the eircalatOr service shall inean individual transportation fees paid by public transit pasSengers in accosdartewith 4 schedule of fares adopted:byEity Ordinance, and as may be. amended from time to time by the Miami City Commission • .•-• • 7' • '7 . ; j,.15 SPecial, TransportatimrService, is the comp 'Orient Of tifeConVentienal 'transit sySterii designed to provide comparable circulator service to disabled individuals as mandated in the ADA. 2.1 ARTICLE 2 GENERAL REQUIREMENTS Compliance with Applicable Laws. and Reeulations. The City and its contractors, if any, shall comply with all existing and future laws, 'statutes, ordinances, codes, rules, regulations and procedural requirements, Whether federal, state; or focal, whichare applicable to•or in any manner affect, the provision of City of Miami Circulator .Services. The City shall be'responsible for - ensuring compliance of its employees, contractors, agents, or assigns with.all applicable county, state and federal requirements, inel.uding,.bat not limited to, all safety, mechanical, and vehicular standards mand.ated'by MDT and CSD, The City :shall :be responsible for obtaining copies of the appropriate laws; re'gulatiotis,.ordinance' s;:arid, docrunerits and cornpl iiugtherewith, 2.2' The County Re'eulatory Requirements:. Prior to the oornrnenceinent of the circulator service under this .Agreerent, the. City .aridIor its .contractors, if any, shall have current and valid cerli ti.cates, of transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of Miami -Dade County: The City and its contractors shall. maintain such certificates, registrations and permits current during the. Period of this Agreement, In .no event shall the City or any of its: contractors provide any transportation :ser -i.ces'contemplated by this Agreement until any and all Cbuntyregulatory requirernents are satisfied. 2.3 Vehiicle Licensing. All vehicles itilized'to provide- tra sportation services. shall at all times be properly licensed and peimittcd-in.accordarice with applicable federal, state and county requisetneirts. Vehicle operators. shall comply -with all safety, mechanical and vehiLular.:standards mandated. by any applicable: county, state and federal requirements -including, but not Ii nited to, . all safety; mechanical and vehicular standards mandated by MDT and CSD. 2.4 Vehicle Standards. Vehicles. shall comply with all of the Requi'retirents contained in Chapter 30: and 31 of the Code of .Miami=Dade County, pertinent state statutes and other directives.as•.mar be: prescribed :and_req.uired by CSD or lvLDT. All vehicles util.ized`to ptadide transportation services' authorized, by this Ab eer:nentshall at all tines clisp.lay a current and valid county .permit and shall comply wi.tIrsafety, xneehanrcaland vehicular requirements mandated by applicable county, state or federal requirenierits,Including ADA. 2.5 . Chauffeur Requirements. Vehicle chauffeurs shall at all time's have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety,. mechanical and vehicle standards mandated by applicable county, state and federal requirements and as may be prescribed and required by CSD or MDT.. 2.6 Proof of Compliance Prior to .Operation. The City and/or its contraetors, if any, shallprovide the ;;County wall. proof of; cornplianceiwith.licensure, insurance, and any other , -requirements equirements Mandated:. :_ . , r "•;,, by the Code of;Miani-Dade •Courityi state statute or federal,.l.aw prior to. commencement of the circulator service. Purchase of :Services/Sole. Responsibility. The parties agree that this Agreement is a contract for the ,purehase.oftransportation services provided by ,the City for•tlie•beneftt of'citizensrof the City-• • 3 2.1 of Miami and of the County. City employees, agents •end contractors providing transportation services shall be considered to be; at all times, solely employees, agents and con:nuns of the City under its sole direction and not employees, age.'nts orcontrac.tors of the County. 2.8 Compliance with ADA.. The City's circulator services shall comply with all applicable requirements of the ADA.. The City and the County recognize their joint obligation to provide STS in the area served by the.City's Circulator service. In fulfillment of the City's obligation, the Cityhereby contracts with the County to provide STS service at no cost to the City. To the -extent that any terms in the Agreement are in conflict with ADA, the requirements of the ADA shall control. 2.9- Compliance with Procurement Requirements. The City agrees to comply with applicable federal and stateproeurement requirements; as .may be amended from time to time, when entering into Contracts with third parties to. fulfill the obligations under this. Agreement. The County -will assist the City by. providing:such appplicable ptoourement requitemeirts to'.the City Manager atthe County's;earliest convenience. 2.10`. County's Right. to Scibniit Proposals and Bids. The County shall be given,. the opportunity to bid upon any Requests forProposals, Requests for Qualifications, or Requests for bids which the City shall be considered, along with private.contractors. for provision of services to be provided by the City pursuant to this Agreement. Dru-free W'orkplace.and Testinrr. ln.accordance. with the Code ofMiauii-:Dade County, the City shall. certify that 'it will :have dug -free- workplace program. Further, the City shall require pre= employment drug testing. and- other periodic drug testing for. all persons holding safety -sensitive. positions, as defined by USDOT, related to transit operation: Effective upon execution of the Agreement, the City shall require that its entpl.oyees orcontraetoi .if applicable, comply with all applicable ilequirementa,of the USDOT rcgulations fordrug and'alcohol testing. To the extent that any terns: iri this Ag1'eement:are inconsistent with the USDOT regulation, the requirethentsolthe USDOT shall control. 2.12 City Representative. The. City shall designate iitdiVidua.l(s) to act as liaison to the .County and notify the County thereof.. The City shall promptly.. notify the County of any changes. 2.13 County Representative. The; County shall :designate individual(s) to act as .liaison tote City and notify the City thereof. The County shall protriptly notify the City of any changes. 2.14 Amendments or modifications.. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this'Agreenient must be in writing and shall require the signatures of the County Mayor or the Mayor's designee and the. City Manager, or their designees., subject to authorization by their respective Boards. rigie.P.'1'_`r `+':ti;Ye!ti.x 1t' ARTICLE 3 CITY OF MIAMI TRANSPORTATION.SERVJCES 3.1 • Provision. of City Circulator. The City shall provide public transportation service on one or more routes within the City of Miami as contained in. Exhibit A and schedules contained in ExhibitB, copies of which are attached. Changes to Exhibit A or. B are to be authorized or approved by the City of IVIianri. Commission, shall be consistent with Chapter 31 of'the Code of Miami=.Dade County, and be effective only Upon the written consent of the County Mayor or the Mayor's designee, whose consent will not be unreasonably withheld. Routes designated in EY:hibitA as- OptionaI may lie initiated or discontinued by unilateral action of the City of Miami., 3.2. Fares: The City.shal:l operate the Circulator charging aCirculator fare in accordance with public transit. fares established by the City ofMianti Commission as.may be Modified from time. to .tiarie. Initially no 'fare shall;be collected until such a. time as the City of Miami 'Cornmission. enaets an. Ordinance v./lib-ail alternate farestracture. If an alternate fare structure is enacted, the City shall accept MDT passes, transfers, or identification entitling.a passenger to ride a Circulator without paying, any additional fare. Qualified passengers shal:l•pay no. fare, MDT Easy Cards and Tickets, or identification entitling a passenger shall. be accepted to enable p assengers to ride the Circulator with out.p aging, an .additional fare: 3:3 Connection and Coordination With'CountyBus Routes. The Circulator shall connect with regular: County Metro routes:.atpoints wherethe•routes, intersect, merge or diverge: 3.4 Operation of Routes Their Bntirety. The City shall be respon'sible.for ensuring that Citcul'afor routes are operated. ht their entirety with no deviation from the approved routes and schedules. unless otherwise•autho.rized by the City, 3.5 Shuttle Shown on County Bus Schedules: The County shall provide information on the City's Circulator service: through'MDT's routine and customary public information. dissemination, processes, inciudiiig.its transitaiiforthatioritelephone service,. Is.sitance of Circulator Schedules. Ile Countyshall available to its.Metrob.us, Metrorail and. Metrdmover passengers reap and schedules provided by the City to MDT, 3.7 Planning and Shciedtiling of Circulator Routes. The County; through. the MDT Director or his designee, may assist the City staff with technical support for planning and scheduling of City circulator services:. 3.8 Dap of.Logo.. The City niaywish to design a logo uniquely id:enttfyipg its cirettlator•setyice, ,lf . they.do so, such logo shall at all times be displayed on the exterior of all vehicles operation pursuant to. thit.Agreement. ,The County shall allow. the display of the Circulator• logo ou the ,,..,.,,,;.;• ,• County's:bus stop signs• at all stops coniinori to the City and the:County,.biis routes provided. the ,logo.does not interfere v,ithpreviouslyp.laced si nage; and.is done in coordination with MDT taff •The,City shall'be responsible for placing the .logo:on�the pertin'ent.s�gi7s, 3.9 Bus Sto Sins. and Signposts. The City may provide, install and .maintain bus stop signs and signposts at stops. along the City's Circulator routes, In the event That the City,. its contractor, • licensee, permittee, or assignee installs sign facilities that can accommodate Metrobns bus stop information, the County may .elect to utilize the City's sign facility to. display Metrobus bus stop information. If sueh.election ismade, MDT .shall provide to the City the materials to be displayed on the bus stop sign facility, in the size and format to be specified. by the City and the City will remove the County's signs and return the signs to the County, The City shall be responsible for installing the Metrobus stop information Won the bus stop sign facility. 3.10 Bus Passenger Shelters and.B.eriches The City agrees that it will be the responsibility of the City tb comply with all ADAstandards regulations with regards to accessibility to and' from bus passengersstops and bus shelters which the City installs. 3.11. Bus Stops and Bus Bays or.Puli-outs. The City shall; at its sole option, provide, install, and maintain bus stop sites, including bus bays or pull-outs at Shuttle stops along the City's circulator. . routes, provided that any proposed bus 'bays or pull-outs shall be first reviewed and approved by the County or State, as appropriate. 3.12 Non-Interferenceand.Non-Disturbance. The County and the City hereby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's public transit vehicular traffic or passengers accessing -or .egressing Metrobus or City of Miaiiii Circulator in-service:vehicles. 6 ARTICLE 4 RECORDS AND REPORTS 4,1 Reporting Requirements. The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall provide collected and compiled information to the County no less often than quarterly, The City shall annually prepare and submit to the County a copy of said reports no later than ninety (90) days after the close of the County's fiscal year. 4.2 Additional Information. The City shall provide additional information. about the City Circulator service operations as requested by the County within thirty (30) days, unless a different time period is agreed upon by the City and the County. ARTICLE 5 srNSURANCE The parties hereto acknowledge. the City is self insured'governinental entity subject.to the limitations of Section 768.28, F..S The City Shall instituteand Maintain a. fiscally sound and:ptudent risk management _program with regard to. its obligations under this Agreement .in accordance with the provision of Section 768328,:F.S. The City shall co!lect and keep on file documentatioii of insurance of auy and: all private providers operating in the:City of Miami:: Circulator service;. routes. Inthe event that the City contracts with aprivate vendor for ,services, the Cityshall require contractor to meet. the insurance requirements shown in Figure 3,:as•minimum; The City shall further require the: private operator to include the County as a: named insured:and shall provide the County with a copy of: the°insurance policy purchased by any contractor prior to the provision of Circulator service: operations. • . `Figure 3 Insurance'Cheek.Li:st 1, Worker•'s. Compensatiori and Erripleyer'rs Liability per ,the Statutoryliinits.of the state of Florida, 2: •Cornmei:cial General. liability (occurrence form),.lititits oi' habi itp $1,000:,000:per occurrence .for bodily injury. property damage;to inelude premises/operations; products and completed. operations;. independent Contractors;, broad forrn propertydaniage ,endorsertient:and contractual indenmity.(holdharmless.endoi•senient exactlyas written. in: "insurance requirements".of specifications). 3, : tttornobile Liability '$ 1,00.0;000'.each,occurrence.owned/iron owned/:hired automcibiles :included. 4. Excess':Liability.•$_'500;000 00;per:oceurrenee to follow the.priniary coverage: 5:. *The itity.MuSt be named as an. additional insured'on theliabilitypolieies and it must be narned as an •additional insured,on the hability,:polieies;,and it Hurstbe stated on .the certificate:. 6, •Other Insui±ance as indicated: Builders::Ri-sk.conipleted .xatuo. - • $ .:Liquor liability $ . 'Fire legal;liability $ , Protection and indeduiity $ :.... . .Employee dishonesty,bond $. • • :X. ;Other- blanketfdelity•bond '$l 000.00 7.'1'h.irtydaysewrittencancellationnotice.required._ 8.. Best's guide rating B:+rVI or better', latest edition': 9 The. certificate': must state the .bid:riuinber and title.' 9 ARTICLE' 6 IND.LMNINCATION 6,1 .The City shall, to the estentperniitted'by law at all tine hereafter, indemnify and bold harmless'. -flit. County; and its officers;, agents; eniploYees and instrumentalities from any and all liability, claims, losses and eauses o'f detion, including.attorneys' fees an and costs of defense which the • County or its officers, employees, agents or mstrurnentalities may incur as aresult:ot claims; ' demands su ts; causes of actions or PrbeeedingS of any kinds. or: nature. arising9ut of,,or relating to or resulting from: the•negligence.of the City andlor its officers, einployees,:agents or ' ' instrumental ities,;duting;tlie;term of this Agreement, The.City shall pay all. claims and losses:rn connections therewith,: and:. shall investigateand defend all claiins suits or actions ofany kind !or nature in. the name:of the County,,where applicable, including appellate: proceedings;. and shall pay ati costs, judgurents andreasonahle:attorneysfees which may. issue' thereon. The City expressly understands and. agrees that' anyinsuranee:protection required by•this.. Agreement. or. otherwise ,provided by the:City shall in no way: limit the responsibility to indemnify, keep and. save .hannless. and defend the•County m%is offieters;•employees, agents or:irstrumentalities.as herein: provided, Nothing herein shall'be deemed to:irideannify the. County: from any liability or claim ariSitig slit of. the negligent performance'or failure of performance of the county, its officers; employees, agents or:instruni.entalities'or any other related third,party, This paragraph is:subject,to•the liinitations. of Section 6.2 The County shall;,,to the e tent;pexiirittedshy law at.all.tinies hereafter, indemnify. and hold • liarmless.the City, :and its officers;. agents,.::employees and instrumentalities from any:.and'all ".liability ,cl'aims,'loases and oaiises of actron,;ineluding attorneys fees:and'costs df defense Which. file City snits officers employees; agents:or instrumeitaMies may incut as a -result ofeiaims, :',demands, suits, causes, ofactrons:or•:proceedings of oily kind or, nature.arrsing:out of,; or'relating to • .or resulting'.oni:the negligence of th:e Countyand/br'its officers, employees, agents or insti uiiientalrties,, di Ling the teen of:thrs•agreernent The'County:shall pay all claims-and.losses. connections therewith and shall investigate anti defend all'clairas, suits: oraotioils of ally kind or. y• pp .nature ui the name of the Cif,'where_ a hcable •mcltiding appellate }iroceediiigs;,and shall pay al,l ,costs lodgments and reasonable attorneys fees which may issue. thereon. The County expressly •utiderstaids and agrees,thatany insurance' protection required by this Agreement:or otliehwise provrded;by the County shall; m no way•hrnit. the responsibility tb indemnify,' keep and save. harmless and defend the Citror its officers employees; agents or instruinentalities as herein provided Nothing herein shall be deemed to: indemnify the City froui any liability or:claim arising out:of the'negligent performance or.,,failure ::of perfe mtince of :the City, its officers; :employees, agents Or instrumentalities or any otherrelated third party: Thisparaglaph is siibject- to the lir itatrons of Secticin 768 28,:F.S, 6.3 Ili:thc event the pity contracts for transportation. services:atithorized by this Agreement;' the contractor:shall, iit•its cotitraetShall,ln its'contraet With .tlie•City, be required to indemnifyand. • hold.harrnless the Cityandithe County,. and: ;thcir:respective:officers,:agents ernployeesnand iistrurnentalities from any aiitl all liability,; elanis liabilities, losses, and eauses,of.ac.tion, ;,;;,c;_ ,; including, reasonable.:attorneys fees land cost of defense whieb he County, the City or•their a,.G... , .;,, ,; , , ,officers,;employees,:agents•and instrtinientalities rnay'incur as:a'result;of claims, .demands, suits, -'.: a causes of actions or:proceedings •olaiiy krnd'or naturearising oilt of or relatingto or resulting from the provision of transpottation.services-by the coiifiactorarid/or its. officers, employees, • i, agents'or. ilidependei t coritractors The contractor shall'be required to. pay all claims and dosses 10' • conneetion tlrer.ewith, and shall i.nvestigate,and defend :alhcla ins, suits or actions of any kind or nature:in the naive Of the County,and City, where applicable;.ineluding appellate proceedings; and: shall u pay all costs.; judgments andattorneys' fee which�.triay issue thereon The City shall .require that the contract between:and City and`ihe contractor include :a.provision which states that the contractor expressly understands and agiees that any jnsuranee protection regtiired by: this agreement or othery isepirovided b}:the .eontractor:.shall ,in no way limit the responsibility to indemnify,: keep and save harinless and defend the County and:the:Cityor their:officers, employees, agents or instrurnentalities'as herein provided: Nothing herein 'shall :be.deemed to indemnify: the County and the City: from any liability or 'claim :arising out of.the negligent performance of the:County and the City, their officers,.einployees, agents or instrurnentalities;or -any other. related.third party. 6,4 The County and the City each ropreserit that it is self -insured for'Publie.Liability.in accoitdanee with:Florida Statute 76828 ARTICLE 7 . FiN ANCIAL.ASSISTANCE 7,1. Grant MatcliingTiunds. The.City..shall; at its sole opti:on,,;provide gratit-matching funds for. state and/or federal, grants for`capital or operating funds to be used for: the Transportation Services: The :County; upon agr:eernent With :the City; may, but shall:not be requned to, provide all or part of • cash or othertypes of matches i:equired.for state and:. federal; grantswhich may received by the :City for the Circulator service, or for expansion :of the Circulator.Service,..in. future ;years.. '7.'2. Bus::•Shelters: and Benches.. The Cit shall, at its sole•option; provide; install, -and maintain; bus • shelters; benches'and other bus stop "furnishings, at those Circulator.service stops along the City's routes •. where the Gity,;or its• contractor, feels that there is a need for such furnishings. 7..3, 'City's Share o:f.stipi leniental Federal. Funding: '.Beginnirig,with the firstyear; in which: the . circulator-service.'s operating. statistics :are reflected in the National Transit Database where;those .operating `statistics i esult in new or :suppleritental,limds.are solely: attributable: to .the :Circulator service s properly reported operations, the County agrees to pay the City its attributable share. of federal fonriula fundis received from'USDOT,no•less:than sixty(60)days after funding, is: received_ from the federal, government, less any diieot grants reeeived the Cityfrom the County fox ;the • Circulator, provided that the funds remitted to the Ci.ty;herein-shall be: used for`the..e; pansion; enhancement or maintenance;of the Circulator service ,program As used herein; the Cily s attributablle shareshall'•be one half Of the °aruoiint equivalentthose .. Supplemental Urbanized Area Formula Funds,,as:•described;in 49 U:S ,C;,Section 5307,, as :maybe amended from tirne.tithe;to tame;. that` the. Cotinty`received as d.direct result of Circulator serve• operationsprovided.by:the.City'.pursuant to: this. Agreement• and' as included iii the'National Transit Database Sasd ath'ibutable share shall be.eaiculated•utilizingthe following.fonnula: Multrply.the Ctty's'properlyreported annualized Bus Revenue Veliiule.Miles statistic; that was • used in::the apportioned federal progr:atns fora fiseal'year `Unlit Value.for Bus Vehicle. Miles for 'Urbanized: Areas over 1,000000" as. reported in the table of Unit Values for Formula Grant Apportioninents, published aruairallyin the Federal Register and'then multiply that=amount by 0..5r.. :NOT] !Hisiorieally; apportioned •funds are allocated, to the C otinty. tti'o•,(2) years:after Bus Revenue Vehicle Miles.are reported 'to fedeial,government: 2.4 Cify's Share of Suppleinental"StateFunding, Th the :event t• hat the Circulator operations contribute to.an increase in the;County's;State•transportation funding, beginning with the first'year in wliicit service isreflected in State's reporting' system; the: County•agrees to. pay the City attributable skate (one•half of:the siipplemental:funding), as defined iMparagraph 7.3 above; ofnew:or su ppleinerital state:Traitsportation B1ock .Giant funding received by the.County from FDOT, no less than sixty (60) days•after:funding is received from the'State less:any direct: grants; receivedbj ,.a... tlte,City;ir'om the Count for. the:Shuttle..The State funding fonnula can be found at Seetion 34:1..052(b), F;S, t•: , ..7.5 :,:Comparable•Agreentents Iirthe iverit thattthe:County'enters into•ai .lriterleaal AgrebriientWith .. any other ti unicipality for Circulator:' services which•,are comparableito the services provided :herein, County agrees to amend this Agreement, if requested by the City, to provide substantially equivalent favorable terms. to the City as those provided in such other County/ Municipal Interlocal Agreements. 13 . . TERMS:, MOME1CATiONS ANO14fSELLA.NiEOUS.PROVISIONS 8.1 'Terms ofAgreement,. This Agreeinentha11torninencetipon .approv,alof thel3oardof'Otiunty Commissi6ners.andthe.CorinniSsionio f -the .City Of Miami and theepetilien by•the. County Mayor :. or the:MaYor's.'designee and authorized.City .Mariagei and shall rernain in force for seven yearS' i:thereafter. 7.[his Agreethent is.stitijectto tivoTive-,year automatic:renewals under the same contract :?terrnsiand conditions.aIIpartiesave.the rigbt to tern -dilate' (see 8,4 and .8,.5). . . , 8.2 . . Renegotiation or ModifiCatiOrt. Any ittlistnnfilie. changesin the level .of service to he proNijd ed- by • .the City as set fortb.herein.Shall'.Ohly))6.1rnpleihented afterthe :County and the 'City have entered '• . into a written agreement describing the.::Changed services and the,proVisions ofthe Canny Code have been exercised: 8.3 . Title Viand VII;Crvil Rights At .of 1964. The City andits.COntractoiSsfiall'not diseriniiitate .....agairistany person becanse,ofrace, baCkc(rOund,..ancestry ;or :national briginrid: the iper forinarice of the Agreement: 8:4 ' : Termination :for Catise. :This -agreement may.belermitiated for:cduse by tither party upon no less than thirty..(3p)-dayi-Nitritten.notice to the ether party, .specifying the:cause(S)for terthination, .except when Shuttle operations:violatibn. of...health 'andtovsafety4elated,previsions ,of,state statutes or the ode ofMiaini4lade County, in Whickcase termination shall be determined by the CountyMayor or the. Mayo sdesigaee Said notice sh1T be delivered by Netified.facshnile fiariStrOsSionot:eertified mfil, feturn recej.Pt,reqUeSte.d.- The.notieed party Shall. have the • OpportunitY'to..bliteppS6atbd Cause :fOrIerMinatipir w011itia!reaSonable no tiee periato 1?e•-4;to.,t-, os:.than thirty (30) days.;.in.which'ease.ihe termination PaiV:inaYtaiipelihe.lertnination notice ushig the.sairie Means hy..i:vh:i4 the, notice ofttrfnination.deliVered,.P. is..exPressly understood and .a.00ed-tOV.the parfiesillat MiaMi.:Dade;cOurity:atts' *ere41 Mayterininate This agreement 4ithltss'than ir).:dayirietice for .vicilationsof federal ; :State, Or county health and/or 8afery. ...regulations or Previsions; For purosesofthis.Sectiot.the:reaSOnsfuStifying Termination -for CauSe.-eOnsist: • : (a)fai hireelf. thehoieed party to earnply-w.4h the •ni a terial. terms of.tliTs Agreement which shall be-deenied to include any law,rule,or..regtitation:ota,gowernincittal agency having jytisdietion.dver theactivities-th Ideitakeri piirstiant to this, Agreenient; .(b)•Fglure..to'comply With applicable County Regulatory ,reitArementS:applicable to this Agteerben( as set ifoah.in :Chapter31 of the lytiami•pade,C.M.inty. Code ; -or • ,(c)rClairnS made hy.others vendors„:suppliers, SubcontptorS) for unpaid..gbocIS; labor and inatt6ti1s-whiehareinot 'contrOver.tedor4iSputed and.:whieh.reiriain-unpaid for longer ..tharilforfysfive(45).:days :from. submission of a -.`propep;illy.oice:','.ias defined • i i; 7 II- ; 6.0.10nlrie4ITriiii3pi::Piiiiitht:AcL:; Section § 218 70- 20:79., .14orfda 8tattiteS.. • - • $.5 ' Recbrding.'The..parties agreeahat°thisAgreenient wiil'not be recorded-iii. the public:recor.ds of • dvliarrii Dade:CbunW, 8.6 Notices.. All.:notices and :othei•:communications required to be remitted: pursuant to this_Agreement to:eitherparty hereto shall tie to i�riting:and:shall be delivered by verified facsimile transmission . or certified mail, return. receipt requested to the parties at the address indicated below: FOR.MIAMI-.DADF COUNCY: dvliaii i Dade Ttansit 701.NW ;Ist.court Miami,:Florida 33136 Attention:Director, Miami-Dade;Transit FOR CITY OF MIAMI, City of Miarni Cty:Hall. 35OO:Pan ;.American Drive , Miami, FL 33133 Johnny;Martirioi,, f'.) .-.Cit_yManagei•:, ,(305) 4.16.-1025 VOICE (305.) 416-101 y FAX ' 8.7 :Complete and Biriding.Agrderneiit.,'titis writing-•etnbodies tl'e full and `coniplete:agreeineirt ofthe: .parties N:o:oth•er terms conditions or rnod'ifications-shall be'binding upon the :pai;ties.uniess•:rn • • writing•and signed'by tle; parties:: 8.8 Execution: Ihis doeuntent'shall be exLcuted in foul '(4;) countetlpart5,:each of which shall he deemed;aii:.origi ial: 8:y Governing Law,. Venue `This:Agrecment shall beconstrued in. accordance withthe laws of the .;State•ofFlorida.. Ventre in. any.proceed7ngs•between the ;parties shall: be in Mianii-Dade County,,. lorida. Each partybear their:own'attorney's fees: 8.10 Conflict Resolution:; .The .panties. (in.l.ien of tenitiriation) na (seee:to negotiate conflidts'between them arising under this Agreernent:pursuant.to'the "Florida Goverratiental Conflict:: Resolution Act, Section. ;I:64 101.-.164,'1061; Florida' Statutes. . ..8,11 Force Majeure; 'Neither.party shall 'be 'liable to.the,other for:damages:in the event of any loss,. damage claim:•delay or default arisiog.byreason-of Acts of God,' storm., fire; flood, earthquake,. labor disturbance.:(:includingstrikes,'boycotts; lockouts.,.etc ),,:war orter.•rorism;:civil co:mriiotioii, intentional•;torts of others, crinunal ;activity o:f:others, shortages:or unavailability of labor, present; or futuregoyeriuneutal law;.oidrnance, rule or regulation disruption ofpostal; banking, electrical, , telephone or other utihty servjce or_ other- cause beyond the control.ofthe party.` sought. to.be charged. By: TN WITNESS WBEREOF,the.parties.bave caused this Agreement.to .be executed by. their Tespective rnd duly authorized ,officersAhe,day.aricl year.first above written. ATTEST: xiscilia A. Timps • City Clerk/ Calvin E 1 Director FOR THE.CITY 'MIAMI, 'a Municipal•Crpdration of the State of Florida - .13y: -1/ nee ReqUiretnents: tinny Max3inez, P.E. ity :Manager Date -Executed: AI:nil:oval as to Legal -Form and Legal •Strffibiency Bk.A6vt,(1 Julie O. City Attorney This .Agreement is ,8 ubject tothe aliproval- of the:Miami City Comassion prior to:execution. ATTEST :aiPolitical Subdivision Of the State Of ElOrida FOR "WAMI-.0ADE CO.*TY., MARByIts Board iorOounty Commissioners. DEPUTY CLERK. Carlos gim,enez Mianii-Dade CountyMayor Approved by ,County AttotIPY.4 to .fort -and legal :sufficiency : Exhibit A —'Route The Proposed circulators will enhance ' both .connedtivity and frequency of transit service: along their respeetiyeroxites: The service will essentially consist ofthe 'following 4 circulatorroutes described .below And. depleted in the attached Map, and as may be inoclitied from time to time by the Miami City, Commission: llealth/Stailiiim•DiStrict Trolley The cityin: collaboraticat. with the ,:Niliatni 'Partnership (coalition of .inajor area ,stakeholders in the •1-le0Ith Districticivic,Centet)Atidte,f12QT, has finalized the :routes and stop locations for the:Flealth District Trelley. The . proposed loop :has been endorsed by the .Miaini -Partnership, City..CcirniniSSionand the FDOT which .ls'providing state ;funds for the:operation And .thainteriance-cifilte initial :rOute:for:a 3-year,Period. The trolley will operate on 2-4ay•lbon.Widrin. the..Hehltlf Distrief,area, the second largest employment:center:in the.County, and the route, will. extend tothe ..M a a ins Stadium via NW 'TadAvenue. This •trol ICY: Will :connect to the Civic Center ,Metrorail.Station• on NW .12111 Avenue and to the .Allapattali/OvertoWnfreuteriescribed1beloW. In :add ition,,..the• trolley sen'ice will. . ..aerve-OYer 14 :Major .fad ilities • alid.9..parkirig:garages inthe area, MCI tiding-UniVersity of M iarni. :Hospital; :Jackson.: Memorial.1:11.opitAl, :Veterans .Administraticitt Hospital Miarni Dade College, County. CO.:as,. State Attorneys Ctftice,,And1'other.1judieial, edUcational, researelt, and uvic institut:ions in the afea;..as well as setvide.the Martins .,'S tad hi ra is part of its . sehedu led- route:. :Based on .0 systemwide modeling rtalYsis :completed in Novembei: .2010 ., 1this route is,entjeipated.t6.attract over.060 ridersdAily . . . . . TrolleY, This trolley connect to the ;•MetroatilNetronmyer Station.located -at 1' Avenue tyliefe•i'a .connection to the future Coral Way Trolley will be provided. Tf.te,'Iocp ei4encIS.frpm.!SE! 2.6!" rOad:np-the south to:- -.the •Onini/Margaret'Pace Park on the north serving the BiLkeI1 Biake1l .Keyi;'DowritoWn.,:tand•:Onitri.areAs.wia. • onne:cting to ntinerpns .1AKOOnlover ;stations along lite';fetite...:111t addition, Aheltecilley will operat along Flogtei. Street:to /servetlie:clOwntoWn core as .: -Well as Venues,,a1Ortg-the...route,stieh as. the Adrienne .Arslit .C'enter;for'tes, Perfortaing:4e0; the American Airlines..Are114;;TAgyiiie Marketplaee, Musouni Park and Bayfront Park,.The City anticipates nSink,the••exisiing _MiarniP41,(ing Aiithprity•orking lot under the .1-95Miekelibadker.C4nsekvny park4and-ride'fiCil ity for trolley users. This tecilleYrante..Was:developed 111 collaboistionWith.rheDDA :1314A 911 C :sy.feit Wide :,1.040ing, analysis ..completed in.Noyetaber 2010,,.;this ;Mute is.gpticipnted*nttrnet:..over.,:1,500 riders daily tivertoWa/Allatiattan TreliekAciditionifOntional Route) • ., . • The Allapattah/Overtown Trolley: is planned to ProVide servioe in the.Ailapatialt and.DVertown communities and tii• -cenneet 16: the llealth/Stadiuin DistriCt...atid Brickell/Biaeayne- TrelleYs.. 7.0ie City, -in cofhboration .with area. •stakeholders ; is in the :•process of doeloplit,a :806:ice plait -for thisroute:.ivith:the specific stop locations and houis- Of operation. -Putter, we anticipate .seeking.a funding coine,ibutionfrom the FPQT for .509/p of the .operational .and: •...frAihten.atieq-,co§ts4 the service for a 2.-year start-up4relied. ln.Allapattah,:tlieloop is intended. to..serve,,dbzens.:Of ' retail .And commercial .:establiShinentS,Along NW: 26'1:Street from NW )':i.'".Ayenne to .NW • 2.7`!1' Avenue. and will: parking garage tOcated on NW:2) :Street 1 In. OVertOWn, :the loop is intended. to serve Folk Life Village, -sehonls andparks,.and ,cbm rnerc4f1 establishments vift..iNW 3'd .Aoipe. In addition, this loop will :connect16. the.114ealth/Stadium D'istriet Trolley' at Jackson :Meinciria1,1-lospital.and le.the'BrickefliBiseaktie. Trolley et-Oinni via.NW./NE 14a Street, This .connection•Will faeil date access to Jobs and enhanced ,publiotraniit between the Al laPattali and.,Overfowb •pomniunities.:00 inajor.emploS/menfeenters in. the City as well as provide '.cenverient-aecess -to points ;01.interest.,•iyithin ..the Communities. 'Based on. .a systemwide :modeling arialksis... cornpleted 111 Novernber 2010, this route isr.anticipatecito attract'over11;.40.riders..daily. r. • ;421,4e.: . 17 CoralWav Trolley (Ad tiitioriat Optional.Rouite) The :Coral Way-Brieketl• Trolley s.;planned to .operate along Coral .Way. serving the co}ntnerci t, retain and residential loeations along.the corridor. The service is proposed. to extend fromthe<Brickell'Nletrorail/Metromover .Station at SW 1". Avenue on. the east (.where a connect ion; to the,Bnckell/Biscayne"Trolley will. be provided): to the City of:Coral. Gables Trolley that". operates' along.Ppncc de Leon Blvd, in the City oftGoral Gables. The Cityi;in • collaboration with area stakeholders, "is iin the process of developing 'a service plan for this route with the, specific stop locations and horns of"opetatiom.and furthermore, .We intend seeking.:a funding. contribution. from the FD)T for 50% of: the operational and maintenance costs -of :the serviee:for a 3-.year start-up period. 'Based on a system wide modeling analysis completed" in' Noveniber.2010;. this"rdute:is anticipated to attract -over 70.0 riders- GroveTrollev PilotPiViect (SisMVlonth Additional OptionalPitotProtectl The .Grove Trolley ;Pilot is ;planned to operate east along Grand Avenue serving the ,commercial, retail, and residential locatioris along the .i.orridor:: The trolley will go north on Mary Street turnulg north east on Tigertail. :Avenue and tuniing_south on Danvin Street, The trolley will foil* South Bayshore:Drive to;Mary" Street turning. north Weston Grand Avenue, turning:on:Main Highway following Conniodore Plaza to Grand.Avenue. l he Grove. Trolley:Pilot service is a.si\-tnonth;pilot:.projectwith a fare•structure to be detemuned The°City; in. collaboration With the' Coconut Grove Cornmtimty stakehotdeis; is in the process of developing :a ser iee:plan for this route the specif e stop•.locations acid`hours:of"op,eration. and ;furthermore. Overtowniffeatth.District Circiilato.r Troltev• The trolley will.operate•on a.i:Way'loop witliin.the ;hlealth District/Overtown;area..This trolley Wi,i1 connect to.the. Culmer Metrorail.Station on NW 7'1' A_venue,°the Allapattah/Overtown.route and the Health/Stadium, District route described above. '.The route. Will traverse •NW '10c Street NW 2nd, Avenue. and NW '.S°'.Street in:"D ertown, In additiok,the trolley, servicewill serve "major facilities and parking garages in•.the area, including: University o1;`•" •Miami Ifospital,.Jackson MentotialI•.lospital-, Miain:i-Dade• College,. schools:: and" parks, the Lyric Theater, and other" civic histitutions in the area. TROLLEY P.'ROGR'AMPROPOSED•ERYIE The tablibelOW I istS,the heues'ofoperatibti;heattways/fregtiency'of,seNice,;and fleet:reeplirement for'eaell proposed route, :Please note the City i8jii the process Offinalizing thestop locations and service Plan for thc Ovettown/A I lapattali and Corals Way Trolley ireutes; therefore the :information listed.helow is tentative at this..time and subject to further refinement.. it is anticipated that the hours ofoperation for'each.particuiarly-fOute Will be adjusted to:optimize the ridership.of each route in response.to feedback oncethe routesare operational. Route HOuri.of Opertion. F4eadways tt of Vehicles :(subject tofiiture adjustmentsfor OtirnizatioO) Brickefl/Biscayne 6:30 art: —11:30 pm 10 min (peak) ./ 20 10 Monday - Saturday min (off-peak) Overtown/Allapatiph '6;30 am -.8:•30 pm* 10.min (peak)/ 20 8 Monday ;.-,Saturday .min (off -Peak) HealthAtadiym.District 6:30am 11:30 pm 10 Monday -Saturday based on demand. 'Grove Trolley Pilot TBD .TBD Project Coral Way 6:30 am 630 pin* 20 min (peak)/ 20 5 Monday —Saturday min (off-peak) Overtown/Health 111Strict Circulatot' TBD TBD TBD * Tentative:46u rs ofoperationi pending additional reSOrdli 19 FIGURE 3A. INSURANCE4QUIREMNTS TROILLEYIRUSSYSTEM 1. .Commercipl General I.:lability A. Limits of Liability Bodily injury and Property Damage Liability 'Each Occurrence. $iio0p,000 peirie 1.91 Aggrggale limit $2,000,000 ProduCts/Cornpleted Operaticins $1;60;000 .Perscihpf8nd Advertising Injury '$.1,006,000 •B, EndorsrnentsRqurd ,City•of:Migm) included asan'idditional insured Miarni Dade' listed.aS an additionarinsured ContingentodContratuaIIiabiiity Prernises',F4Operationt Liability Primary Insurance Clause:Endorsement II. BUsiness Auttomdbile LiabiIty A. 'Limits ofti8bility Bodily InjurY.and Property Damage Liability Combined Sine? Unit Any Antb/Ovyned ALitosiScbeduled inaudirig Hired Borrowed or Non bxthled Autos Any One Accident 11;000;OOQ B. EnclorsementsRequired City of Miami includedas ah Additional Insured Miefni Dade Cciunty listecras ari additional insured Workees.Corripensaticin Limits:of Liability Statutorytate otFlorida W8iyer of-Ubrogation :EmPlOyer's LiObilliy A. LirnitsofLiability $4,000.,000for bodily:irijurry catited by an accident; each accident. $1)0b0,000 forbodily injury •CauSed by disease, each ernployee .$1,000,600 for bodily injury caused by disease, policy limit • Umbrella PolIcy/ExcesitiabilitylExcs Faliawing Form) A. Lirnits•ofli.iability . .Bodiiyinjury arierProperty Damage .Liability Each.Occurrence :$5,000;00.0 Aggregate $5,606,000, iB. Endorsements Reegil ed City of Mimi listed as an additional insured • Miami Dadetbunty'llsted.akandditional insured Qaverage' V, Physical Damage toVerage C011isiOn • •$.1,000 Deductible ••Other than C011isidri/combinedAdditional :overage $1,000 DeduCtible ;city•ofMianil.andMiami'DaCfe-County:IfSted..•as.:(oss payees Vl. „Fidelity. Bond ••:$.10;000 , •'City of Miami HstedasIbsspayee. City ofiVliatni and Miarnitade C�urity iisterkas ioss•PaYees4 The above"polides shall provide the City of Miami wth written•nOtice of cancellation or material change from the insurernot less than i(30) days prior to any such cancellation or material change,brin accordance to policy • provisions. Cornpanies.auttiOrized to do'bOSineskin the tate.of.Floileta,mrith thefollowing dualifications, shall issue all insurance.policies reddired above; • The ciainparki, tiaust he rated no less thin "4-;' as to management, and .no less than "Class V" :as to Financial ,Strength, by the:latest editiont ofBesesinsueance•Guide,:pliblished by ANL Best Company, Jersey, oi tts.egniVatent. All palleies2nd lor'eertificates. of ttiS'neabee subjectare..tp.reir.ieW. and V ciii.10tipn by Risk Mattagetnent:Arior4p,jnSutnnee,agpro.Yal...A.A.:,.....-.7 -.• ; 21: PROFESSIONAL SERVICES AGREEMENT BETWEEN LJMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF MIAMI),FLORID.A FOR MUNICIPAL TROLLEY OPERATIONS SERVICES FOIE/ HE CITY''OF MIAMI This Professional Services Agreement ("Agreem t'') entered into this _day of 2012, by and b teen the City of Miami, Florida, ("City"), a municipal corporation organized and ex}iting under and by virtue of the laws of the State of Florida, 444 SW 2nd Avenue, Mimi, Florida 33130 and, Limousines of South Florida, Inc. ("LSF" or "LSF Shuttle" or "Contractor"), a Florida corporation, having its principal place of business at 259955 NW 38`h Street, Miami, FL, 33142. c isla WHEREAS, the 2010 Florida I/ g tore enacted CS/HB 1271, codified as Fla. Stat. §212.055(1), as amended, in orcj r to allow Transit Surtax funds for the planning, development, construction, operation,' and maintenance of bus systems; and WHEREAS, pursuant / o Miami -Dade County Ordinance No. 02-116, as amended March 15, 2011 tr lit services in the nature of circulator buses is an eligible expense from the Charter C/unty Transportation System Surtax funds (Transit Surtax); and . WHEREAS, City finds it desirable to provide transit services to the residents of Miami for improv d mobility, enhanced accessibility, and to support local businesses and residents; and WIIER AS, the service is completely or partially funded from the City's share of the Transit ' urtax and not the General Fund; and REAS, the City of Miami, Florida advertised Request for Proposals for a contract for trolley services, RFP No. 256244, l.; and 'HEREAS, on April 29, 2011 and June 2, 2011, the Evaluation Committee cony-ned and selected Limousines of South Florida, Inc. as the most qualified, res. onsive and responsible proposer; and 'WHEREAS, the City awarded the contract to Limousines of South Florida, Inc. rrsuant to Miami, Florida; Resolution No. (XXX,, 2012); and WHEREAS, the Contractor, familiar with the Scope of Work required hereunder that comprises the Request for Proposal and the Contract specifications and having expressed its desire and willingness to provide such professional services and having presented their qualifications to the City; and • WHEREAS, the City agrees to enter into this agreement with the Contractor and • the'Contractor •agrees. to accept employment under the terms and conditions set forth herein. • Se- ((- 0-31q 1, laa.•g,.... NOW, THEREFORE, in consideration of the mutual covenants and obligatio,rfs herein contained, and subject to the terms and conditions hereinafter stated, the pa; ies hereto understand and agree as follow: • • • " .1._2 2 P. a I. DEFINITIONS All terms used in this Agreement shall be defined in accordance with the Rules of Construction and Definitions, Section (2.4) of the Request for Proposal, hereinafter referred. to as "RFP," unless stated below. "ADA" shall mean the Americans with Disabilities Act. The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, al religion. It guarantees equal opportunity for individuals with disabilities in pub1lc accommodations, employment, transportation, State and local government services, Jnd tel eco mrnuni cati ons. "Addenda/Addendum" shall mean written or graphic instruments issued prioto the Proposal Opening which modify or interpret the Contract Documents by ,additions,. deletions, clarifications, modifications, or. corrections. "Agreement" shall mean the executed contract between the City and the Co tractor, "Agreement Documents" shall mean the Professional Services Agree ent, the Request for Proposal and the Response by the Contractor to the Request fo Proposal as those terms are defined and identified in this Agreement. "Agree , ent Documents" is synonymous with the trade term "Contract Documents." "Charter Service" shall mean service as defined in Feder-1Transit Administration ("FTA"), Final Rule on Charter Service as amended. "Circulator" shall mean fixed route or semi -fixed route p v lic transportation circulator services where at least seventy (70%) percent of the ro e is within the City and said circulator service is operated by the City, directly o by contract, pursuant to this Agreement and Chapter 31 of the code of Miami -Dad County. May also be known as "Trolley". "City" shall mean the City of Miami, Florida. T City, of Miami shall be referred to herein as "City." For the purposes of this Agree v ent, "City" Without modification shall mean the City Manager. "City Commission" shall mean the legislative ody of the City. "City Manager" shall mean the Chief Exec ive Officer and Administrator of the City. "Contractor" shall mean Limousines 9 South Florida, Inc. who is the Contractor performing the specified professional se9fvices under this Agreement. ................ .3 :P tt . "Contract .Documents" shall mean any documents ( e.g. RFP, etc.) which are specifically stipulated as being included in the Agreement. "County" shall mean Miami -Dade County, a political subdivision of the State of Florida "CSD" shall mean the Consumer Services Department of Miami -Dade County "Director" shall mean the Director of the City of Miami Capital Improvements Projects Department or the Director's authorized designee. "Fares" for the trolley service shall mean individual transportation fees paid by pu transit passengers in accordance with a schedule of fares adopted by City Ordinanc as may be amended from time to time by the Miami City Commission. lc and "FDOT" shall mean the Florida Department of Transportation and thorized representatives thereof. "Federal Reporting Requirements" shall mean those requirements refererj ed in 49 CFR Section 5335(a), as may be amended from time to time, and found in the Rational Transit Database Reporting Manual published by the FTA. "FTA" shall mean the Federal Transit Administration, its rule. and regulations, and authorized representatives thereof. "In -Service" shall mean the time during which a trolley i in en -route, or authorized detours, and stopping to load and unload passengers, or ch other times a trolley is available for use by the general public, or as otherwise ecified for the benefit of the City. "MDT" shall mean the Miami -Dade Transit and authop zed representatives thereof. "Notice To Proceed" shall mean the same as ,`Authorization to Proceed." A duly authorized written letter or written directive issue t� by the Director acknowledging that all applicable conditions precedent to commencem nt of the services have been met and/or directing that the Contractor may begin the serf ices. "Out -of -Service" shall mean all times othe than when the trolley is In -Service. Out -of - Service shall include all time spent drivin to the beginning point on the route or moving trolleys from one route to another roux or location, or any such time not expressly approved by the City as In -Service. "Professional Services Agreement" (/PSA) shall mean this Agreement between the City and the Contractor, as it may be am nded from time•to time: ' "Project Manager" shall mean an employee or representative of the City assigned by the Director to manage and monitor the Services to be performed under this Agreement. "Proper Invoice" shall mean an invoice that conforms to all statutory requirements S�ider Florida's Prompt Payment Act, §218.70, et. 'seq., Fla. Stat., as amended and all requirements specified by the local governmental entity to which the invoice is submitted. Such requirements must be included in the Agreement for the pfoject for which the invoice is submitted. "PTRD" shall refer to the Passenger Transportation Regulatory division o CSD. "Response to The Request for Proposal ("RFP") shall mean the Response by the Contractor to RFP 256244, 1. "Request for Proposal" ("RFP") shall mean City of Miami ', 256244, 1, RFP for Trolley Services as amended by any Addendums. "Risk Administrator" shall mean the City's Risk Ma ✓agernent Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. "Scope of Services" or "Services" shall mean a omprehensive description of the activities, tasks, design features, objectives, delivera 1es and milestones required for the completion of Project or an assignment with su cient detail to allow a reasonably accurate estimation of resources necessary for its/' mpletion. "USDOT" shall refer to the U.S. Department Transportation, its rules and regulations and authorized representatives thereof. II. INITIAL TERM AND RENEWAL OPTIONS The term of this agreement shall be five (5) years of operation of service commencing on the date stated upon the issuance of a Notice to Proceed, which wil specify the date on which the Contractor shall cozinnence Services/Transition of Servic/s pursuant to this Agreement. The City retains the option to extend this Contract for ve (5) additional one (1) year periods. Each renewal of this Contract is subject to availa lity of funds, all other terms and conditions of the Agreement, and continued satisf ctory performance compliance with the specifications, terns and conditions establi. led in Section 3. Specification in RFP. City Commission authorization of this A cement includes delegation of authority to the City Manager to administratively aprrove said extensions provided that the compensation limits set forth in Section V are not exceeded, otherwise, prior City Comission approval must have been given. All activities as described in the Scope of Services shall be unde aken, performed and completed within the term provided herein, This Agreement will e in effect during the term indicated above. The City reserves the right to modify.the s9 rice level above or below that specified in the agreement. If the proposed increase or crease in the service is greater than 20% of the original RFP service levels, based on ervice hours, then the price will be re -negotiated between the City and the Contractor. III. PRIORITY OF PROVISIONS 3.0 If there is a conflict with the Request for Prop sal and/or the Response to Request for Proposal and this Agreement, this Agreement all in all cases prevail. The City reserves the right to resolve any contradictions and to correct any errors contained in its proposal documents. Any conflicts between the Req est for Proposal and Addendum shall be resolved in favor of the provisions of this Agre ent. If there is a conflict or inconsistency between ay term, statement requirement, or provision of any exhibit attached hereto, any doc vent or events referred to herein, or any document incorporated into the Agreement Doiuments by reference and a term, the response prepared by the Contractor, or provis/n of the Agreement Documents the following order of precedence shall apply: 3.1 In the event of conflicts in the Agreement Documents the priorities stated below 'shall govern; • Revisions (Amendments) to the /greernent which are executed shall govern over the Agreement. • The Agreement shall govern the RFP Response. • The RFP shall govern over tllt RFP Response the RFP, any Addendum to the RFP, and IV. SCOPE OF AGREEMENT IN GENERAL 4.0 The professional services to be performed by the Contractor are contain d in the Request for Proposal RFP No. 256244,1 with Addendum No. 1 issued on Marc, 4, 2011 (See Composite Exhibit "A") and the Response to Request for Proposal RFP No. 256244,1 (See Composite Exhibit `B"). The City acting by and through the Dire -tor or the Director's authorized designee reserves the right to resolve any contradictioi},land to correct any errors contained in its proposal documents. 4.1 The City will utilize its own trolleys to provide a fixed route ervice and a charter trolley service. The City shall initially provide twelve (12) olleys to the Contractor which shall be considered the "basic fleet" for use solely for he provision of Trolley Services. The trolleys are owned by the City, and the Con; actor shall NOT utilize the Trolleys for any other use except as expressly authorized by this Agreement. The Contractor agrees to provide professional services and personn 1 in connection with the operation of the City of Miami Trolley System. 4.2 In the event the Contractor is asked to provide Minibuses with minimum seating capacity of 25 passengers, the Contractor agrees to pr aide suitable Minibuses in good mechanical condition and safe operating conditio , , in conformity with all applicable local, state, and federal safety regulations for ad itional services as requested by the City. The Contractor agrees to provide additional Minibuses with a (30) day notice. The provided Minibuses shall operate as integr 1 part of the City's service and may only carry advertisements and other material provid by the City. 4.3 The Contractor agrees to initiate the/Trolley service within 30 days of Notice to Proceed. 4,4 The City shall provide to the Co tractor all diesel fuel necessary for the City -owned Trolleys. Diesel fuel shall be provided from the City fuel facility located at the following address, 1390 N.W. 20 Str'ee (( Miami, FL. The fuel facility can be relocated anywhere in the City at the City's Ifscretion. The Contractor shall not use fuel provided by the City for any purpose other than the provision of Trolley Services and for the City -owned vehicles only. The Con actor agrees to abide by the fuel auditing requirement to be determined by the City. 4.5 The City shall furnish Ond install fuel collars on all its Trolleys at the City's cost. 4.6 The Contractor shall provide all diesel fuel necessary for mini buses provided by the Contractor. Page....... 4.7 Contractor shall provide Trolley Services within the City and its adjacent areas according to a schedule determined by the City, as may be adjusted or amended from time to time. The City shall be responsible for designation of route alignments and transit stops, The transit stops to be established by the City shall include, but shall not be limited to, existing Miami -Dade Transit bui stops. Contractor shall only use designated and authorized stops along the established route alignments. 4.8 Contractor shall provide Trolley Services a minimum of five (5) days jie week and a maximum of seven (7) days per week. Contractor shall provide Tr Iley Services at a minimum of four (4) hours per day per vehicle and a maximum of eiateen (18) hours per day per vehicle. 4.9 The City retains the right to amend route alignments, stop 1o9ations, or hours of in-service operation from time to time at the discretion of the City 6mmission or the City Manager. No Trolley Services shall be provided on the holiday determined by the City. 4.10 The City shall provide operating schedules and Trolley b1'ocks and will be responsible for any adjustments or changes to the schedules. The Csfitractor may alter the proposed Trolley blocks, but must submit any changes to the Ci for approval prior to implementation. The Contractor will be responsible for all driver scheduling. 4.11 The City may charge a fare for Trolley Services t its discretion and, in such instances; the Contractor shall be responsible for collectioa the fare and adhering to a fare collection system prescribed by the City. The City shal provide a fare collection system that will be a fare box with vaults that can be remove and delivered to the City by the Contractor. The Contractor shall be responsible fo fare collection equipment training. The Contractor shall be responsible for safely trans erring fare box collections to personnel authorized by the City at a schedule determine by the City staff. Security of fare collection system is the responsibility of the Contr for until they are delivered to and received by the City. Accurate passenger counts b ' trip and fare category will be taken daily, and will be delivered to the City along wi fare vaults. All costs related to fare collection training, fare collection, and transfer o fare box shall be assumed by the Contractor. 4.12 The Contractor agrees to assist the�City and the City Project Manager in ensuring that the City comply with Articles 2,1 trough 2.11, 3.1 through 3.7, 3.12, 4.1, 4.2, Article 5, Articles 6.3, 8.2, 8.3, and 8.4 and other applicable provisions of the of the lnterlocal Agreement between Miami -Dade Tr isit Agency and the City of Miami (See Exhibit "C"), 4.13 The City retains the option tq"expand the Trolley Services at a later date by procuring more trolleys. Contractor agr9�jj/es to provide services and personnel to such service expansion according to the terms o`tlined in this Agreement. 4.14 From time to time, the City Manager or the Director may request th t the Contractor operate the transportation service beyond the fixed route schedule. This additional .service may include, but will not be limited to, extended hours of ervice, and/or special routings during special events or to assist during periods after a natural disaster. The Contractor will provide the service as directed by the City d will be compensated at the hourly rate included in Section V. The Contractor shall make available to the City, upon seventy-two (72) hours advance notice by the ity Manager, Director, or the Director's designee. The Contractor agrees to provid vehicles and personnel to operate additional service. 4.15 The Contractor shall provide radio communication in each vehicle. and a base station at the dispatch location and GPS tracking in all vehicle.. Such GPS services shall be made available to the City at no cost and the City shall hGe remote and on -site access to such devices at all times. The Contractor agrees o assist the City in implementation a web -based real-time tracking service by proving required information and by updating software, at no cost to the City. 4.16 The City will be allowed to sell and install 4. erasing on the interior and exterior of the City -owned or Contractor -owned vebicl in-service for the Trolley service. The cost for production will be at the cost to the City and all revenues for advertising will be retained by the City. The Contractor f eely, knowingly and voluntarily affirms that all advertizing will be permitted / approv d by the City, and the City will retain and collect all revenues from such advertizing, 4.17 The Contractor shall be responsibl for the maintenance, repairs, and secure storage of the Trolleys. Regular maintena ce and repairs shall be performed in accordance with the Trolley Manufacturers' sugested maintenance guidelines, and such maintenance guidelines are to be provided by City. Contractor is responsible for the repairs of accidents at the City's approval. 'he City retains the right to inspect and approve repairs during and after repairs h e been performed. The Contractor shall provide advance information to the City yroject Manager of maintenance and repair exceeding $1,000. 4.18 The Contractor shall be rgsponsible for returning the City owned vehicles in a safe, usable, and operable conditio at the end of the Agreement period, less normal wear and tear. 4.19 The Contractor shall/at all times maintain trolleys in good mechanical condition and safe operating conditi n, and in conformity with all applicable local, state, and federal safety laws, rules and r gulations. Standards of performance for cleanliness, mechanical reliability, and interio and exterior cosmetic appearance will be developed by the City prior to the impleme ation of the trolley service. The Contractor will clean and fumigate the Trolleys. The/Contractor shall clean the interior of the Trolleys on a daily basis and the exterior once a week. The Contractor will be expected to adhere to these standards. :9.IPdg 4.20 The Contractor will ensure that vehicles are operated safely and inf a manner that will prevent excessive wear and tear. Any indication of abuse of the Trolleys noted by the City will be brought to the attention of the Contractor for corrective a/ltion. Repairs made necessary as a result of abusive operation of the equipment 16y the Contractor's personnel will be billed to the Contractor. 4.21 The Contractor shall notify the City Project Manager of y service irregularity which will include, but not be limited to, accidents, incidents complaints, service delays and schedule adherence problems, GPS operation, and farebox malfunctions. Notification should not be more than one hour after an in 'dent involving personal injury and/or property damage and should occur by the end o the service day for other incidents. Verbal notification must be followed by written dq urnentation from the Contractor to the City. 4.22 The Contractor shall implement and maintain 6nna1 and expedient procedures to respond to all trolley service accidents, disturbance passenger injuries or fatalities, and any other service interruptions or failures. Thes shall be reported to the City in a timely manner. All traffic accidents involving trolley service vehicles, irrespective of injury or damage, shall be immediately reported to the City of Miami Police Department. The Contractor shall advise the City of j�t ian-u Police Department of the accident and request a police unit to investigate the ac 'dent and the City of Miami Police Department ID Unit to photograph the scene. The City Project Manager shall be m imediately notified by telephone by the Contractor fof any accident or incident, especially those resulting in injury, in loss or damage to he City and/or private property. Written notification shall follow within 24 hours. This tritten notification shall describe the .sequence of events and include reports by driver attendant, witness, etc. Further, fatalities are to be report verbally to FDOT within 24 ours of the incident, followed with a written report within the next 24 hours. Contra or is responsible for the repairs of accidents at the City's approval. The City retains tl}e right to inspect and approve repairs during and after repairs have been performed. 4.23 The Contractor shall implement 1a written dispute resolution process for the rapid resolution of passenger complaints re arding the bus services. The Contractor shall document passenger complaints and d scribe any actions taken to resolve such complaints and verbally report to the City P /oject Manager the complaints and actions taken within the same business day of any cq plaint and in writing within 24 hours. 4.24 The Contractor agrees to aide by the service performance measures and performance thresholds to be detenningd the City. The Contractor shall collect and maintain service related data. If the Con factor is unable to meet the service performance measures, the City shall provide a 30 ay cure notice followed by a 30-day period to cure. The City retains the right to enegotiate or terminate. the Agreement if the Contractor fails to satisfactorily address a notice to cure. 4.25 • • The drivers employed by the Contractor for the purpose of providing the •.Trolley:.services shall be.:licensed commercial drivers. with.a. passenger endorsement,:_in... compliance with City of Miami, Miami -Dade County, Florida, and the State of Florida. All drivers shall be employees of the Contractor. The Contractor shall ensure that alb, drivers are familiar with all policies and procedures, regardless of distribution of writtqh materials to same. The City may send a representative to any of the Contractor's dr/er training classes to present the City's vision of what is expected of the transit system it no cost to the City. Drivers shall be fully trained in defensive and vehicle handling/at no cost to the City. 4.26 Drivers shall be trained in the special skills required fo provide transportation to elderly and disabled passengers. Drivers shall assist passengers needing assistance in boarding, alighting, and movement within the vehicles g ensure safe transportation. 4.27 Regularly assigned drivers or trained back-up driver /shall be available and on time daily to ensure consistent and reliable service. Passengers must never be kept waiting, except where schedules are maintained. 4.28 Drivers shall be dressed and groomed appropriat-ly and they shall be in a uniform acceptable to the City. Drivers shall wear identifica on tags clearly displaying their first name only while performing their duties. Each driv r and Trolley shall have an accurate timepiece available and in clear sight at all f ,6s during vehicle operation. Drivers are required to have a thorough knowledge of trarc regulations along the route and the schedule time points. Drivers need to be sensiti e to ridership comforts, such as the interior temperature on their respective vehicle, clea mess of vehicles, etc. 4.29 It is highly desirable that any perso hired by the Contractor for this agreement be bilingual in English and Spanish. The Contractor will establish and maintain an effective driver safety program, an occ pational health and safety program, a drug testing and awareness prop ram and will mai twin a drug -free workplace that meets FTA guidelines. In addition to operating and s pervising the service, the Contractor's personnel will be responsible for distribution f passenger information materials and periodic surveys on the Trolleys and in the fielcj, as necessary. 4.30 The Contractor shall provide knowledgeable, effective supervisory staff to support the Trolley Service. The Con &actor will recruit, hire, train and employ supervisory personnel, including a site manager, dispatchers and road supervisors for -the purpose of overseeing the operation of ervice, and to ensure safe reliable Trolley Service. All project personnel employed y the Contractor shall maintain a professional, courteous attitude, answering to the b st of their ability any passenger questions regarding the provision of service. DiscoUrtesy, rudeness or the use of profanity will not be tolerated and shall be grounds for imMediate removal of the offending employee from performing work within the program. Drivers and dispatchers shall accurately complete and submit the required operating reports daily. All personnel shall be required to attend quality/safety workshops as required by the City up to a maximum of eight hours per year , per .employee, ..The Contractor shall provide manuals related to personnel policies and 111Pa<_,ge procedures, and maintain an employee acknowledgment file with employee signature indicating they have read and fully understand its contents. 4.31 For the purposes of the ongoing operation of the transit system, the Contractor's point of contact' will be the City Capital Improvements Director or a person assigned by the City Capital Improvements Director. Contractor input will be solicited for adjustments in running times and must report any ongoing schedule adherence problems. The Contractor shall be responsible for periodic reporting as established in agreement. V. COMPENSATION The Contractor agrees to provide the Trolley service at the following rates: The rate fur trolleys provided by the City: 1. Year 1: $27.97 per in-service hour 2. Year 2: $27.97 per in-service hour 3. Year 3 $28.67 per in-service hour 4. Year 4 $29.39 per in-service hour 5. Year 5 $30.13 per in-service hour 6. Year 6 $30.89 per in-service hour 7. Year 7 $31 68 per in-service hour 8. Year 8 $32.39 per in-service hour 9. Year 9 $33.20 per in-service hour 10. Year 10 $34.03 per in-service hour The rate for the mini buses provided by the Contractor shall be $45.09 , er in-service hour. Invoices are generally paid within 30 days of receipt for service rendered and verified as accurate by the City. If the City does not pay an accurate,. erified invoice within 30 days, the Contractor shall provide written notice and an o portunity to cure within 15 days of receipt of such notice. The Contractor must obtain prior written approval of the City prior to peifornung services that are outside e Scope of Services in this agreement. VT. COMPLIANCE WITH FEDERAL, STATE AND LO AL LAWS The Contractor shall comply with all applicable law., ordinances, codes, rules and regulations of federal, state and local governments, inc iding the City, relating to the Trolley transportation service. VII. LABOR STANDARDS The Contractor shall assume any and all liability/and responsibility concerning labor standards under this Agreement. VIII. GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall he delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as,the same may be changed from time to time. Such notice shall be deemed given on the .day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier, CITY Johnny Martinez, P.E., City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 IX. OWNERSHIP OF DOCUMENTS VENDOR Vasti Amax(); Senior Vice Pre ident Limousines of South Florid Inc 3300 SW. l la' Ave, Fort Lauderdale, FL 3314, 954-463-0845 All documents developed in relation to the performance of t e work done under this Agreement by the Contractor shall be delivered to the City u19 n completion of the services required and shall become the property of City, without restriction or limitation of its use. The Contractor agrees that all documents maintaind and generated hereto shall be subject to the applicable provisions of the Public Recors Law, Chapter 119, and Florida Statutes. X. AWARD OF AGREEMENT The Contractor warrants that it has not employed or retained any person employed by the City to solicit or secure this Agreement and that t has not offered to pay, paid, or agreed to pay any person employed by the City y fee, commission, percentage, brokerage fee, or gift of any kind contingent upon •r resulting from the award of this Agreement. XI. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and nforced according to the laws of the State of Florida. XII. SUCCESSORS AND ASSIGNS This Agreement shall be binding pon the. parties herein, their heirs, executors, legal representatives,.successors and assi,• s. X:III. INDEMNIFICATION •Contractor•shall indemnify at hold harmless —City, its officers, agents, directors, • and. employees;.from.liabilities, dau}/ages, losses, judgments, and.costs, including, but not - 113RPage • limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons. employed or utilized by Contractor in the performance of this Contract. Contractor shal further, hold the City, its officials and employees, harmless for, and defend the City, is officials and/or employees against, any civil actions, statutory or similar cl , ins, regarding injuries or damages arising in any way out of, or resulting fror , the Contractor's performance of the professional services described in the Scope of rvices, the permitted work required under this Contract, or the performance of this Contract, even if it is alleged that the City, its officials and/or employees were negli ent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Contractor shall, upon written notice from City, defen such action or proceeding by counsel satisfactory to City. The Contractor expressly/ nderstands and agrees that any insurance protection required by this Contract or oth fivise provided by the Contractor shall in no way limit the responsibility to indenir�y, keep and save harmless and defend the City or its officers, employees, agents ar d instrumentalities as herein provided. The indemnifications provided above shall obligate Contractor to defend, at its own sole expense, to and through appellate, supplemental o ankruptcy proceeding, to provide for such defense, any and all claims of liability and 11 suits and actions of every name and description which may be brought against the City within the scope of the above -described indemnifications. These indemnifications will survive the ca cellation or expiration of the Contract. These indemnifications will be interprete. under the laws of the State of Florida, including without limitation and interpretati fin. which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes, as amended and as applicable. Contractor shall require all Sub -Contractor agreements to include/ provision that they will indemnify the City. The Contractor agrees and recognizes hat the City shall not be held liable or responsible for any claims which may resui t from any actions or omissions of the Contractor in which the City participated elier through review or concurrence of the Contractor's actions, In reviewing, appro ing or rejecting any submissions by the Contractor or other acts of the Contracto , the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. Ten dollars (S10) of the paymen s made by the City constitute separate, distinct, and independent consideration for the anting of these indemnifications, the receipt and sufficiency of which is acknowledged y the Contractor, XIV. CONFLICT OF INTEREST 14.1 Contractor covena its that no person under its employ who presently exercises any functions or respo sibilities on behalf of the City in connection with this Agreement. has any personal frnricial interests, direct.. or indirect-, .with the Contractor., Contractor further covenants that, in the performance. of the Agreement, nb person having such conflicting interest shall be employed. Any. such interest on the part of the : Contractor or its employees must be disclosed in writing to the City. • • .141P 14.2 Contractor is aware of the conflict of interest laws of the City, Miami City Code §2-611, Miami -Dade County, Florida, Miami -Dade County Code § 2-11.1; and the State of Florida, Chapter 112, Part III, Florida Statutes, as amended, and agrees that it shall fully comply in all respects with the terns of said laws. XV. INDEPENDENT CONTRACTOR Contractor, its employees, agents or representatives, shall be deemed to be independent contractors and not agents or employees of the City and shall not attain any rights or benefits under the civil service or pension ordinances of the City, or any righ generally afforded classified or unclassified employees. Contractor, its employ -s, agents or representatives, shall not be entitled to Florida Workers' Compensation be fits as an employee of the City. XVI. INSURANCE Within ten (10) days after the execution of this Contract by both ' artier, and throughout the terns of this Contract, the Contractor shall famish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of overage shall demonstrate strict compliance to all requirements listed on the Special Co ditions entitled "Insurance Requirements." The City shall be listed as an "Addition Insured." This Contract is contingent upon the receipt of proper insurance documen s required by this Contract. The Contractor shall furnish to the City of Miami c/o Ris Management, 444 SW 2nd Avenue, 9th Floor, Miami FL, 33130, Certificate(s) of Insu ance which indicate that insurance coverage has been obtained which meet the req irements as outlined below: INSURANCE REQUIREMENTS -MUNICIPAL TROLLEY 0RATION SERVICES Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,0,i0,000 General Aggregate. Limit $2, 00,000 Products/Completed Operations $ ;000,000 Personal and Advertising Injury ,000,000 B. Endorsements Required • City of Miami included as an additional ins red • Miami Dade County listed as an additiona insured ' • Contingent and Contractual liability • Premises & Operations Liability e Primary Insurance Clause Endorsements Business Automobile Liability 151Pa_ge A. Limits of Liability e Bodily Injury and Property Damage Liability • Combined Single Limit • Any Auto/Owned Autos/Scheduled • Including Hired, Borrowed or Non -Owned Autos • Any One Accident $ 1,000,000 B. Endorsements Required • City of Miami included as an Additional Insured • Miami Dade County listed as an additional insured Worker's Compensation • Limits of Liability • Statutory -State of Florida • Waiver of subrogation Employer's Liability A, Limits of Liability • $1,000,000 for bodily injury caused $1,000,000 for bodily injury caused • $1,000,000 for bodily injury caused Umbrella Policy/Excess Liability (Excess A. Limits of Liability • Bodily Injury and Property Damage • Each Occurrence • Aggregate B. Endorsements Required by an accident, ea accident. by disease, each mployee by disease, poIi}' limit Following Fjrm) Liability 5,000,000 $5,000,000 • City of Miami listed as an additional it) cared • Miami Dade County listed as an addi Tonal insured • Coverage Physical Damage Coverage • Collision • Other than Collision/Combine• Additional • Coverage • City of Miami and Miami D. •e County listed as loss payees $1,000 Deductible $1,000 Deductible ,Contractor:is responsible for insur'irng the Trolleys agairibf physical damage and for payment of any deductible. 16I1'age Fidelity Bond $10,000 • City of Miami listed as loss payee • City of Miami and Miami Dade County listed as loss payees The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following, qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification b Risk Management prior to insurance approval. The Department of Risk Management further reserves the right to request aditional insurance coverage, as may be deemed applicable. XVII. TERMINATION The City Manager on behalf of the City of Miami reserves the right to terminate this contract by 30 day written notice to the contractor effective the dat, specified in the notice should any one of the following apply: 17.1. The Contractor is determined by the City to be in each of any of the terms and conditions of the Agreement or of any other Agreeme, it the Contractor has with a Florida public agency 1 7.2: The City Manager has determined that such to nation will be in the best interest of the City to terminate the Agreement for its own cony enience; 17. 3. Funds are not available or allocated to cove ithe cost of the goods and/or services reduction of funds or a change in applicable 1 's or regulations. The City's obligation is contingent upon the availability and allo .tion of appropriate funds and applicable regulations. 17.4. The Contractor is debarred by the ' ity or by another Florida public agency. 17.5 Contractor fails to satisfactorily adds: ss a notice to cure. XVIII. NONDISCRIMINATION The Contractor agrees as indicated in the RFP (section 1.54, Nondiscrimination) that it shall not discriminate as to race, color, creed, national origin, religion, age or disability in connection with its performance hereunder. XI;XX. DEFAULT If the Contractor fails to comply with the terns and conditions of this Agreeme t, or fails to perform hereunder, or files for bankruptcy or provides assignment or transf to creditors, then the City, at its sole option upon written notice, may cancel and tenrinate this Agreement, and all payments, advances, or other compensation paid 6 the Contractor. Payments made to the Consultant while the Contractor is in defaul of the provisions contained herein, shall be returned forthwith to the City. XX. FORCE MAJEURE Neither party shall be liable for failure or delay in performing obligaf ons set forth in this Agreement, and neither party shall be deemed in breach of its oblig Lions, if such failure to delay is due to national disasters, strike, lock -out, or othv9f industrial or transportation disturbances, law, regulation or ordinance, or any c tises reasonably beyond the control of such party, X.XI.APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue shall be/ 1 Miami -Dade County, Florida. Each party shall bear its own attorney's fees (exce t if the City must bring a claim to enforce the provisions of Article XIII, Indemnificat 6n against the Contractor.) The parties knowingly, voluntarily and consensually waive the right to a jury trial or to file permissive counterclaims in any dispute between them ising out of this Agreement. XXII. AUDIT AND INSPECTIONS The Contractor shall maintain all project rec -ds as requested by the City. All project records prepared by the Contractor shall be . 'red by the City and shall be made available to the City at no additional charge. Th Contractor shall maintain all books, records, documents, accounting ledgers, and simil: materials relating to work performed for the City under this Agreement on file for at 1 ast four years following the date of final payment to the Contractor by the City. The Bove records retention requirement shall include daily driver logs, medical examinatio s, as well as all other books, records, and documents. Any duly authorized represent five of the City shall have access to such records for the purpose of inspection, aud'L/ and copying at reasonable times during the Contractor's usual and customary busines4hours. The Contractor shall report in-service hours to the City within twenty-four hours of a written request, unless otherwise specified. / • - • 18IPae The Contractor will develop periodic operational and financial reports for distribution to the City. j At any time during normal business hours and. as often as 'the City may deem necessary, there shall be made available to the City and/or representatives of the rty to audit, examine, and make audits of all contracts, invoices, materials, payrolls, r96ords of personnel, conditions of employment and other data relating to all matters related to this Agreement. It is further understood that all records and supporting document pertaining to this Agreement shall, be maintained for a minimum period of four years. /'1 he retention and access period starts from the date of the submission of the annual rfonnance and evaluation report in which the specific activity is reported for the final time. The Contractor must request approval from the City before disposing of any records under this Agreement. If any litigation, claim, negotiation, audit or other action i {/olving the records has been started before the expiration of the. four year period, the r cords must be retained until completion of the action and resolution of all issues which arise from it or until the end of the four year period, whichever is later. During the co se of an audit, if the City detennines that any payment made '.to the Contractor dos constitute an allowable expenditure, then the City will have the right to deduct or r (duce those amounts from the related invoices. The Contractor must maintain records necessary to document compliance with the provisions of the Agreement. Th Contractor acknowledges that additionally the City has the audit and inspection rights et forth in § 18-100 to §18-102, City Code, as amended. XIS III. ENTIRE AGREEMENT This Agreement and its attachments an exhibits constitute the sole and only Agreement of the parties and accurately set f h the rights, duties, and obligations of each to the other. Any prior Agreements, ps, negotiations, or representations not expressly set forth in this Agreement are of njrseforce and effect. ' r r, AMEN'DI1ENT No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. X'V. MISCELLANEOUS 25.1 Captions, title and paragraph headings are for convenient reference and are not a part of this Agreement. Such captions, title or paragraph headings shall not be deemed in any manner to mo rfy, explain, enlarge or restrict any of the provisions contained in this Agreement. 19.1 _n a 2: e 25.2 Subject to the provision of Article III, in the event of conflict between th terms of this Agreement and any terms or conditions in any attached document; the to in this Agreement shall prevail. 25.3 No waiver or breach of any provision of this Agreement shall con4 tute a waiver of any subsequent breach of the same or any other provision hereof. and no waiver shall be effective unless made in writing. 25,4 Should any provisions, paragraph, sentence, work or phrase/contained in this Agreement be determined by a court of competent jurisdiction to be it Valid, illegal or otherwise unenforceable under the laws of the State of Florida or the Citof Miami, such provisions, paragraphs, sentences, words or phrases shall be deeme `///modified to the extent necessary in order to conform with such laws, or if not modifia}}4e to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in fu1 force and effect. 25.5 Further Assurances. All parties hereto upon the r quest of any other party shall execute such further instruments or documents as may be r asonably required by the requesting party to implement the terms, conditions and provisions of this Agreement. 25.6 Third Party Beneficiary. Contractor and tj!ie City agree that it is not intended that any provision of this Agreement establishes /third party beneficiary giving or allowing any claim or right of action whatsoever )y any third party under this Agreement. 25, 7 Performance Evaluations. The City onducts performance evaluations during and after completion of agreements with the ontractor, which are used as a basis for the awarding of future work as well advising the Contractor of its performance. 25.8 Discretion of the Director. Any .' after not expressly provided for herein dealing with the City or decisions of the ity shall be within the exercise of the reasonable professional discretion of the Dire for or the Director's authorized designee. Contractor has been procured and is being ngaged to provide Services to the City as an independent contractor, and not as an ent or employee of the City. Accordingly, Contractor shall not attain, nor be enti, ed to, any rights or benefits under the Civil Service or Pension Ordinances of the C,ik y, nor any rights generally afforded classified or unclassified employees. Contract f further understands that Florida Workers' Compensation benefits available to e ployees of the City are not available to Contractor, and agrees to provide workers' co pensation insurance for any employee or agent -of Contractor rendering services to the City under this Agreement. 20IPaee IN WITNESS WHEREOF, the parties hereto have caused this instrument to be ecuted by the respective officials thcrcunto duly authorized, this the day and year } st above written. Attest: CITY OF MIAMI, a m nicipal Corporation of the Stage of Florida Priscilla A. Thoinpson, CMC Johnny Marti, ez, P.E. City Managf City Clerk (SEAL) Approved as to Insurance: Calvin Ellis Risk Management Director Attest: Corporate (SEAL) (Corporate Secretary) Appro ed as to Legal Fowl: Ju ie O. Bra ity Attorney CONTRACTOR Limousines of South Florida, Inc. Vasti Amaro Senior VP East Region