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FOURTH RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENTFOURTH RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FOURTH RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT ("Agreement") is entered into effective October 1, 2026 ("Effective Date") by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its prmcipal place of business located at 3201 Scherer Drive, St Petersburg, FL 33716 ("PSTA"), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its prmcipal place of business located at 600 Cleveland Street, Clearwater, Florida 33756 ("City of Clearwater")(collectively, the "Parties"), to restate, renew, and amend that certain Clearwater Beach Route Funding Agreement origmally entered mto by the Parties on September 20, 2016, as amended and renewed by that certain First Amendment effective October 1, 2017 and that certam Second Amendment effective October 1, 2018, and as restated, amended, and renewed by that certam Renewed and Restated Clearwater Beach Route Funding Agreement effective October 1, 2019, that certain Second Renewed and Restated Clearwater Beach Route Funding Agreement effective April 10, 2023, and that certain Third Renewed and Restated Clearwater Beach Route Fundmg Agreement dated November 21, 2024 (the "Ongmal Agreement") WHEREAS, pursuant to the Original Agreement, City of Clearwater has been contributmg fundmg to PSTA to supplement fixed route trolley services along the Clearwater Beach Route, and WHEREAS, PSTA provides such service by and through its current agreement with Jolley Trolley Transportation of Clearwater, Inc , ("Jolley Trolley") effective October 1, 2022 through September 30, 2032, as may be amended from time to time (the "Jolley Trolley Agreement"), and a copy of the Jolley Trolley Agreement is attached to this Agreement as Exhibit "A", and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for fixed route trolley services along the Clearwater Beach Route, and WHEREAS, PSTA would not have entered into the Jolley Trolley Agreement without the shared contribution of the City of Clearwater, as contemplated m the Original Agreement and this Agreement, and WHEREAS, a renewed agreement will benefit PSTA and the City of Clearwater by ensuring stability of the City of Clearwater's contribution, and WHEREAS, the Parties desire to contmue the Original Agreement on the terms and conditions stated herein NOW THEREFORE, m exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows 1 RECITALS AND EXHIBITS The above recitals and attached exhibits are true and correct and mcorporated herein by reference 2 BEACH ROUTING A map of the Clearwater Beach Route is attached to this Agreement as Exhibit "B" The Parties intend for PSTA, through Jolley Trolley, to continue servicmg this route for the duration of this Agreement, and it is further the mtent of the Parties that the City of Clearwater contribute to the provision of this service in the amounts described m the next paragraph 3 BASE SERVICE COSTS City of Clearwater shall contribute toward PSTA's financial obligations under the Jolley Trolley Agreement for the fiscal year beginning October 1, 2026, and endmg September 30, 2027 ("FY 2027"), in the amount of Three Hundred Thirty -Nine Thousand and Six Hundred and Ninety U S Dollars and 92/100 Cents ($339,690 92) For the fiscal year begmmng October 1, 2027, and endmg September 30, 2028 ("FY 2028"), this amount shall increase by three percent (3%) to Threellundred Forty -Nine Thousand and Eight Hundred and Eighty -One U S Dollars and 65/100 Cents ($349,881 65) These amounts shall constitute the City of Clearwater's entire funding contribution for Jolley Trolley's Clearwater Beach Route for FY 2027 and FY 2028, notwithstanding any prior agreement or subsequent cost increase or cost decrease to PSTA or Jolley Trolley during any FY 2027 and FY 2028 4 ANNUAL APPROPRIATIONS; FAILURE TO MAKE PAYMENT In the event that the City of Clearwater determmes that sufficient budgeted funds are not available to appropriate for payments due to PSTA under this Agreement, the City of Clearwater shall notify PSTA of such occurrence and this Agreement shall terminate on the last day of the then current fiscal period, and the City of Clearwater shall not owe PSTA any further contribution towards PSTA's financial obligations under the Jolley Trolley Agreement However, in the event this Agreement is terminated, such termmation may result in the termination of the Trolley Services along the Clearwater Beach Route For purposes of this Section, the term "fiscal period" means the period between October 1st and September 30th 5 EFFECTIVE DATE, CONFLICTS This Agreement shall take effect on the first date above written and shall contmue through September 30, 2028, the expiration or termmation of the Jolley Trolley Agreement, however terminated, or expiration or termmation of this Agreement as provided herein, whichever occurs first To the extent that this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall govern 6 CONTINGENCY Page 2 of 6 a Notwithstanding any other provision m this Agreement, the City's commitment to provide funding under this Agreement is guaranteed only for the period commencmg on the Effective Date and terminatmg after 120 day advance written notice to PSTA of the City's mobility to fund this Agreement due to the November 2026 homestead exemption ballot measure b The Parties acknowledge that the City's ability to fund this Agreement throughout the entire FY 27 and FY 28, is contingent upon the outcome of the November 2026 ballot measure and its subsequent impact on local government revenues m future years Following the November 2026 election, but no later than December 1, 2026, the Parties agree to meet m good faith to review and discuss the fiscal impact, if any, of the ballot measure on the City's budget and any budget amendments for FY 27 that the City plans to adopt that would impact the City's financial obligations under this Agreement c Depending upon the outcome of the election and the City's determination of available fundmg, the Parties may, upon mutual written agreement, execute an amendment to this Agreement to adjust the term and funding for the remamder of the term or may terminate the Agreement, however, any adjustment m funding or termination will not occur without 120 days advance written notice so as to allow PSTA to terminate the Jolley Trolley Agreement in accordance with the terms of the Jolley Trolley Agreement 7 REPRESENTATIONS AND WARRANTIES The Parties represent and warrant that they are authorized to enter mto this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bmd their respective parties hereto Nothing contamed herein shall be construed to hmit or waive any of PSTA's rights under the Jolley Trolley Agreement 8 ELECTRONIC SIGNATURES, COUNTERPARTS This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties' legal signatures on this Agreement and shall be treated m all respects as an original handwritten signature This Agreement may be executed in one or more counterparts, any one of which need not contam the signatures of more than one party, but all such counterparts taken together will constitute one and the same mstrument Page 3 of 6 IN WITNESS WHEREOF, the Parties have caused this Fourth Renewed and Restated Clearwater Beach Route Funding Agreement to be executed as of the date first above written ATTEST Rachael Cappolla Executive Assistant/Records Manager TO FORM na Counsel Cou teisigned PINELLAS SUNCOAST TRANSIT AUTHORITY Brad Miller, Chief Executive Officer CITY OF CLEARWATER, FLORIDA Mayo Appro ,ed as to torn Attest City Attorney Page 4 of 6 Exhibit "A Jolley Trolley Agreement Page 5 of 6 AGREEMENT FOR TROLLEY OPERATIONS AND RELATED SERVICES THIS AGEMENT FQR TROLLEY OPERATIONS AND RELATED SERVICES ("Agreement") is entered into on this/l2' clay of 4,L l @ 2021 (the "Execution Date"), by and between Pinellas Sunc ast Transit Authority, an independent special district ("PSTA"), with its principal place of business at 3 01 Scherer Drive, St Petersburg, FL 33716, and Jolley Trolley Transportation of Clearwater, IncI ("Contractor"), with its principal place of business located at 410 North Myrtle Avenue, Clearwater, Florida 33755 (collectively referred to as the "Parties") WHEREAS, PSTA's Board of Directors has waived the requirement of PSTA's procurement policy that the services being sought in this Agreement be competitively procured, and WHEREAS, PSTA is firmly committed to emission reductions in its transportation operations and is continuously exploring the long-term electrification opportunities of its fleet and infrastructure, and WHEREAS, a favorable regulatory environment, the availability of federal and state funding, and the advancement and availability of electronic vehicle technology ("EV") are making it easier and cost- effective for transit agencies to deploy electric buses, vehicles, and related infrastructure, and WHEREAS, electrifying an entire fleet is a complex transition that requires appropriate plan and cooperation of all PSTA's partners, such as Contractor, and -ling WHEREAS, the Parties wish to work to electrify Contractor's fleet of trolleys used on PSTA service NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows 1 RECITALS The above recitals are true and correct and incorporated herein by reference 2 SCOPE OF WORK Contractor shall provide trolley operations and related services in accordance with the specifications, tasks, and scope of services set forth in Exhibit 1 to this Agreement (the "Services") Contractor acknowledges that it has read the specification for the Services and understands them Nothing contained in this Agreement or any of its exhibits or attachments shall be construed as a guarantee or implication as to any minimum quantity of services that Contractor will provide or for which it will be compensated It is further understood and agreed by the Parties that Contractor, in the performance of the Services, is subject to the control and direction of PSTA as to the designation of tasks to be performed and the results to be accomplished for the Services, but not as to the means, methods, or sequence used by Contractor for accomplishing such results To the extent that Contractor ob-ains permission to, and does, use PSTA facilities, space, equipment or support services in the performance of the Services, this use shall be at Contractor's sole discretion based on Contractor's determination that such use will promote Contractor's efficiency and effectiveness Except as may be specifically provided elsewhere in this Contractor, PSTA does not require that Contractor use PSTA facilities, equipment or support services or work in PSTA locations in the performance of the Services 3 TERM OF AGREEMENT This Agreement shall commence and be effective on October 1, 2022 (hereinafter the "Effective Date") and shall remain in effect for ten (10) years, terminating on Septeiinber 30, 2032, unless terminated sooner as provided herein ("Contract Term") A "Term Year" shall mean each 1 twelve (12) month period commencing on October 1 and ending on September 30 of each year during term of the Agreement 4 TERMS OF PERFORMANCE the 4 01 Time for Performance Contractor shall begin providing the Services on the Effective Date and shall continue throughout the Contract Term Time is of the essence in performing the Sery ces under this Agreement 4 02 Representatives, Relationship of Parties Prior to the start of any work under this Agreement, Contractor shall designate a primary and alternate representative, who will have management responsibility for the Services and who have authority to act on technical matters and resolve problems with the Services and the Agreement, to PSTA in writing ("Contractor's Representative") Such designation shall include the contact information (including phone numbers) of Contractor's Representative PSTA will advise Contractor in writing of the personnel who will represent PSTA in the administration of the Agreement ("PSTA's Project Manager") Such writing from PSTA may include the specific duties of each individual and each representative's limits of autho ity The Parties acknowledge that the relationship created by this Agreement is of indepen ent contractors and neither party shall have the ability or authority to bind the other party to any o her contract or obligation Contractor shall have no authority to and shall not pledge PSTA's credit r in any way render PSTA a guarantor of payment or surety for any contract, debt, obligation, judgm nt, hen, or any form of indebtedness 4 03 Non-exclusive contract PSTA specifically reserves the right to contract with other entities for the Services or for similar services and products if it deems, in its sole discretion, such action to be in PSTA's best interest Contractor may also perform services for additional persons or companies, in Contractor's discretion 4 04 Licenses and Permits Contractor shall secure all necessary licenses and permits that may be necessary to perform the Services under this Agreement PSTA shall not be held responsible in the event Contractor fails to meet any local or state regulation, or to secure any permits or licenses required to provide the Services under this Agreement Any such failure shall be considered a material breach of the terms and conditions of this Agreement 4 05 Contractor Responsibility Contractor shall provide Services of first quality in accordance with customary standards of the industries involved in the Services The Services shall be high-quality in all respects No advantage will be taken by Contractor in the omission of any part or detail of the Services Contractor hereby assumes responsibility for all materials, equipment, and processes used in providing the Services Contractor represents and warrants that it has no obligations or indebtedness that would impair its ability to perform the Services under this Agreement 4 06 Compliance with Laws Contractor shall be solely responsible for being familiar with and complying with all federal, state, county, and local laws, rules and/or regulations, and lawful orders of public authorities including but not limited to those set forth in this Agreement, and that, in any manner, could bear on the Services including, but not limited to, data privacy laws, all rules and regulations related to safety and compliance therewith including but not limited to those applicable to conflict of interest and collusion, Executive Order No 11246 entitled ' Equal Employment 2 Opportunity" as amended by Executive Order No 11375, and as supplemented by the Departme9t of Labor Regulations (41 CFR, Part 60) PSTA and PSTA's Project Manager will communicate directly Viiith Contractor's Representative and shall have no authority to direct, oversee, or instruct Contractpr's employees, subcontractors, or materialmen, or any other individuals performing the Services Omission of any applicable laws, ordinances, rules, regulations, standards or orders by PSTA in the Agreement shall not relieve Contractor of its obligations to comply with all laws fully and completely Upon request, Contractor shall furnish to PSTA certificates of compliance with all such laws, orders and regulations 4 07 Suspension of Services PSTA may, in its sole discretion, suspend or delay all or part of the Services provided by Contractor under this Agreement upon written notice to the Contractor Such notice shall specify the nature and expected duration of the suspension or delay Contractor scall resume providing services upon written direction from PSTA 4 08 Transitioning to a Subsequent Contractor Contractor shall cooperate and participate in transitioning the Services to a new subsequent contractor upon termination or expiration of this Agreement Contractor shall participate in meetings with PSTA and the other contractors, tranfer records, and take all other actions necessary to transition its duties no less than one hundred twenty (120) calendar days prior to the start of services provided by a new contractor (the 'Transition Period") Contractor shall participate in the smooth transition of the Services to ensure that the transition results in minimum disruption of the Services and PSTA's operations During the Transition Period, Contractor shall comply with all of PSTA's requests related to the transition and in Ithe timeframe designated by PSTA 5 COMPENSATION In consideration of Contractor's faithful performance of the Services, PSTA agrees to pay Contractor on a per revenue hour basis according to the costs and methods set forth in Exhibit 3, as reduced by any deductions for late trips, missed trips, hold times, and/or erroneous reporting, and any Liquidated Damages pursuant to section 12 04 of this Agreement, all as determined by PSTA Total costs per revenue hour and any discounts,shall be held firm throughout the duration of[the Contract Term and any Extension Terms, unless otherwise agreed upon in writing by the Parties rhe total amount of compensation paid to Contractor pursuant to this Agreement shall not exceed Th4rty- Nine Million Dollars ($39,000,000) Exhibit 2 identifies Contractors fixed costs, which PSTA will make a monthly payment prior to the first of each month, and Contactor's variable costs as identified in Exhibit 3, which will be the basis of a payment made by PSTA after the end of each month basecon the service provided by Contractor in the prior month Each Term Year during the term of his Agreement, the Parties will mutually agree to the Contractor's fixed costs for the upcoming Term Year, which will be reduced accordingly to account for any Electric Trolleys provided by PSTA to Contractor pursuant to Paragraph 16 of Exhibit 1, Scope of Services An amount equal to the cost of an equiva ent diesel trolley for the Term Year according to the vehicle replacement schedule in Exhibit 2 shall be deducted from the Contractor's fixed costs paid by PSTA in equal amounts over the ensuing twelve (12) months after Contractor's receipt of the Electric Trolley provided by PSTA (As an examble, assume that PSTA's fixed cost payments to the Contractor are $200,000 due on the first of eery month PSTA provides an Electric Trolley to the Contractor in the third Term Year when the cost of replacing an equivalent diesel trolley is $240,000 In the subsequent 12 months, PSTA's fixed p ice payments will be reduced from $200,000 to $180,000 ($240,000 / 12 months = $20,000) for he following 12 months After those 12 months expire, the fixed price payments return to $200,000) Any Electric Trolleys provided by PSTA to Contractor pursuant to Paragraph 16 of Exhibit 1, Scope of Services, shall include the provision of a depot charging unit for each Electric Trol ey 3 Contractor will install the depot charging units at existing conduit installed at base of operatio Contractor's expense at 5 01 Invoices All invoices shall be submitted in accordance with the Florida Prompt Payment Act with all details prescribed by PSTA, including but not limited to the PSTA Purchase Order Number, and delivered to the following address Pinellas Suncoast Transit Authority Attention Finance Department/Accounts Payable Purchase Order # 3201 Scherer Drive St Petersburg, Florida 33716 Or via E -Mail Accountspayable@psta net 5 02 Payment Due Date All payments shall be due on the date established by the Florida Prompt Payment Act Payment due date is calculated from the time PSTA Accounts Payble Accountant has received and accepted the invoice pursuant to the Florida Prompt Payment Act Payment due date for purchase of goods or services other than construction services is net forty-five (45) days from the accepted date 5 03 Disputed Invoices In the event of a disputed invoice, only that portion so contested be withheld from payment and the undisputed portion shall be due and payable on the terms forth herein Contractor shall have thirty (30) days from the date of payment to challenge payments from PSTA will set any 5 04 Tax-exempt PSTA does not pay sales or use tax and will provide sales tax exemption certificate at the written request of Contractor, where necessary 5 05 Billing Documentation In addition to all billing requirements and documentation required for compensation under this Agreement, PSTA will provide to Contractor a maximum number of monthly revenue hours and maximum amount of additional "plug" revenue hours that may be used throughout the applicable fiscal year The maximum provided by PSTA is an estimate only and Contractor shall only be compensated for actual revenue hours completed in any given moth Additionally, Contractor shall not be eligible for any compensation above the maximum numb of annual revenue hours provided by PSTA unless Contractor (1) notifies PSTA as soon as it is awar, or should be aware, that additional hours will be required, and (2) submits sufficient backup and documentation justifying any increase in revenue hours The approval of such additional hours hall be in the sole and absolute discretion of PSTA 6 COVENANTS AGAINST GRATUITIES 6 01 Contractor Gratuities Contractor warrants that it has not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any official or employee of PSTA with a view toward securing favorable treatment in the awarding, amending, or evaluating Contractor's performance under this Agreement 4 r 6 02 Driver Requirements Contractor shall prohibit and ensure that no representat ve, employee, contractor, driver, or any person providing the Services under this Agreement shall not solicit any gratuity, tip, or compensation from any rider who is receiving Services provided under this Agreement 7 ASSIGNABILITY, SUBCONTRACTING, EMPLOYEES The terms and provisions of the Agreement shall be binding upon PSTA and Contractor, tneir respective partners, successors, heirs, executors, administrators, assigns and legal representative 7 01 Written Approval Required The rights and obligations of Contractor may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any imay without PSTA's prior written consent Contractor may subcontract a portion of its obligations to other firms or parties but only after having first obtained the written approval of the subcontractor by PSTA 7 02 Responsibility for Subcontractors If Contractor's assignee or subcontractor fail to perform in accordance with the terms of its assignment or subcontract, Contractor shall complete or pay to have completed the work which the assignee or subcontractor failed to complete at no additional cost to PSTA In the event of any noncompliance by any assignee or subcontractors, Contractor shall be directly and wholly responsible for the noncompliance of its assignee or subcontractor and shall bear all attributable costs Contractor shall require all subcontracitors performing or contributing to the Services under this Agreement to keep written records in reasonable detail of all services performed and to maintain all books, data information and records in a form that will support the subcontractor's invoice billed to the Contractor 7 03 Assignment by PSTA PSTA may assign its rights and obligations under the Agreement to any successor to the rights and functions of PSTA or to any governmental agency to the extent required by applicable laws or governmental regulations or to the extent PSTA deems necessary or advisable under the circumstances 7 04 E -Verify Contractor shall utilize the U S Department of Homeland Security's E -Verify System to verify the employment eligibility of (a) all persons employed by Contractor throughouthe term of this Agreement, and (b) all persons, including subcontractors, retained or hired by Contra tor, regardless of compensation, to perform work on the services provided pursuant to the Agreement 7 05 Employees Contractor is an independent contractor and no relationship of employer- employee exists between the Parties for any purpose whatsoever Neither Contractor nor Contractor's assigned personnel shall be entitled to any benefits payable as employees of PSTA PSTA is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and Contractor shall be issued a Form 1099 for its services hereunder Contractor shall be solely responsible for paying all of its subcontractors, employees, payroll taxes, and/or benefits If, in performing the Services, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and coni trol of Contractor Except as may be specifically provided elsewhere in this Agreement, all ternls of employment, including hours, wages, working conditions, discipline, hiring, and discharging, orl any other terms of employment or requirements of law, shall be determined by Contractor It is further understood and agreed that Contractor shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Contractor's assigned personnel and subcontractors Contractor shall be solely 5 responsible for satisfying all obligations that may be owed its employees, whether derived from statute, regulation or agreement, throughout this Agreement and after expiration or termination of this Agreement, however terminated 7 06 Criminal History Checks Contractor shall ensure that all employees, subcontractors, and subcontractor employees have completed a fingerprint based criminal history check, which shall include Level 2 Background Screening pursuant to section 435 04, Florida Statutes Contractor s fall not charge any additional fees or expenses for such background checks 10 DELAY IN PERFORMANCE/FORCE MAJEURE 10 01 Time of the Essence Time is of the essence for all Services provided under this Agreement If Contractor fails to promptly provide the Services under this Agreement, PSTA may terminate this Agreement immediately, purchase substitute services elsewhere, and recover from Contractor any increased costs and damages thereby incurred by PSTA 10 02 Force Majeure Neither party shall be liable for its non-performance or del yed performance if caused by Force Majeure Force Majeure shall be defined as a fire, flood, act of God, war, terrorism, riot, national emergency, sabotage, civil disturbance, governmental act, aw, ordinance, rule or regulation, or events which are not the fault or are beyond the control of the party Notwithstanding the foregoing, Force Majeure shall not include strikes or labor disputes 10 03 Unavoidable Delay In the event there is a delay in performance that is not reasonably expected to occur, including but not limited to delays in connection with Contractor's suppliers or agent thereof, that are substantial enough to cause delay of Services to PSTA, Contractor shall notify PSTA immediately and in no event more than ten (10) clays of Contractor being made aware that uch event has occurred, or when Contractor should be aware that such event has occurred, and request extended time for completion PSTA shall review the request and determine whether it is appropr ate PSTA shall respond to Contractor in writing within ten (10) days of receipt of Contractor's reques for extension and, if granted, shall extend the time for completion for the determined number of days attributable to the unavoidable delay Contractor shall not be entitled to any damages or compensation and shall not be reimbursed by PSTA for losses on account of delays or hindrances resulting from any cause including, but not limited to, any actions which result in change in scheduling, changes in the scope of services, or increases in the cost of performing the Services 11 TERMINATION OF AGREEMENT This Agreement may be terminated with or without cause in accordance with the provisions belcw 11 01 Without Cause For and in consideration of $10 00, if PSTA determines that it is in its best interest to do so, PSTA may terminate this Agreement without cause and without penalty or expense to PSTA, upon ninety (90) days' written notice to Contractor If PSTA terminates this Agreement pursuant to this subsection, Contractor shall promptly submit to PSTA its costs to be paid for ser!fices performed up to the date of termination If Contractor has any property belonging to PSTA in its possession, Contractor shall account for the same and dispose of it as directed by PSTA 6 11 02 With Cause PSTA may terminate this Agreement with cause at any time immedia ely upon written notice to Contractor, if (1) Contractor fails to fulfill or abide by any of the term or conditions specified in the Agreement, (2) Contractor fails to perform in the manner called for in ;the Agreement, or (3) Contractor does not provide services in accordance with the requirements of the specifications in the Agreement PSTA will provide Contractor ninety (90) days' written notice in which to cure a defect in performance or non-performance In such case, PSTA's written notice of termination to Contractor shall state the conditions for Contractor's cure, if applicable If Contra$tor fails to cure the defect in performance, or if it has received a written notice of terminatio to Contractor for the same issue more than two (2) times over the course of this Agreement,1 his Agreement may be terminated by PSTA immediately Contractor agrees that any assessment or payment of Liquidated Damages as set forth in section 12 04 of this Agreement does not cure pny defect in performance and does not adequately compensate PSTA for the damages and harm sustained from a pattern of substandard performance Contractor may terminate this Agreement for cause if PSTA fails to fulfill or abide by any duties or conditions specified in the Agreement, proviiied that Contractor must first provide notice of the alleged breach to PSTA and give PSTA ninety (90) days' written notice to cure the alleged breach If PSTA cures the alleged breach or is making a good f ith effort to cure said breach during the ninety (90) day cure period, Contractor may not terminate his Agreement 1103 Effect of Termination Upon expiration or termination of this Agreement, howelver terminated, and final payment for the Services rendered in accordance with the Agreement, PASTA shall have no further obligations or responsibilities to Contractor Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against PSTA arising out of this Agreement or otherwise relating to the Services, except those identified in writing by Contractor to PSTA prior to receipt of final payment Neither the acceptance of the Services nor payment by PTA shall be deemed to be a waiver of PSTA's rights or remedies, including but not limited to the rigljt to enforce the warranties provided by Contractor in this Agreement, any obligations of Contractor u der this Agreement, or to the recovery of damages for failure to provide the Services in accordance ith the Agreement 1104 Force Majeure If it is later determined by PSTA that Contractor's failure to perform as a result of a Force Majeure, PSTA may allow Contractor to continue performance under a new time for performance or treat the termination as if terminated without cause under Section 1101 of this Agreement 1105 Appropriation In the event PSTA, in its sole discretion, determines that suffi ient budgeted funds are not available to appropriate for payments due to Contractor under this Agreement, PSTA shall notify Contractor of such occurrence and this Agreement shall terminate on the last day of the current fiscal period without any penalty or expense to PSTA 1106 Waiver of Remedies for any Breach In the event that PSTA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Agreement, such waiver hall only be valid if set forth in writing and shall not limit PSTA's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement 12 DISPUTES, BREACHES, DEFAULTS, OR OTHER LITIGATION 12 01 Disputes Disputes raised by Contractor which are not resolved amicably by the Parties, shall be decided in writing by PSTA's Director of Procurement This decision shall be final and 7 conclusive unless, within ten (10) days of Contractor's receipt of the decision of PSTA's Directoi• of Procurement, Contractor has furnished a written notice of appeal to PSTA's Chief Executive Officer In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position The decision of PSTA's Chief Executive Officer shall be bincing upon Contractor and Contractor shall abide by the decision 12 02 Performance during Dispute Unless otherwise directed by PSTA, Contractor sall continue performance under this Agreement while matters in dispute are being resolved 12 03 Claims for Damages Should Contractor suffer injury or damage to person or prop rty because of any act or omission of PSTA or of any of its employees, agents or others for whose acs it is legally liable, a claim for damages therefore shall be made in writing to PSTA within ten (10) days after the first observance of such injury or damage 12 04 Liquidated Damages Contractor acknowledges and agrees that the damages PSTA will suffer as a result of Contractor's failure to provide the Services in accordance with the terms set f rth in Paragraph 19(B) of Exhibit 1 to this Agreement are not readily ascertainable and would be incapble to quantify As such, PSTA shall be entitled to liquidated damages as set forth in Paragraph 19(13) of Exhibit 1 to this Agreement ("Liquidated Damages") Notwithstanding any other provision of his Agreement, Liquidated Damages shall begin to accrue from the date of the breach and shall not be affected by any cure period or grace periods The Parties acknowledge that the Liquidated Damages are reasonable, are based on the anticipated harm caused by such breach, and are not a penalty ITA may, in its sole discretion, upon thirty (30) days' written notice to Contractor, deduct Liquid9ted Damages from Contractor's invoices for any amounts due or which may become due under this Agreement 12 05 Rights and Remedies The duties and obligations imposed by the Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law No action or failure to act by PSTA or Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing 12 06 Attorneys' Fees In the event of legal action or other proceeding arising under this Agreement, the prevailing Party shall be entitled to recover from the non -prevailing Party all its reasonable attorneys' fees and cost incurred by the prevailing Party in the prosecution or defense of such action, or in any post judgment or collection proceedings and whether incurred before sui, at the trial level or at the appellate level This shall include any bankruptcy proceedings filed by or against one of the Parties The prevailing Party also shall be entitled to recover any reasonable attorneys' tees and costs incurred in litigating the entitlement to attorneys' fees and costs, as well as in determining the amount of attorneys' fees and costs due to the prevailing Party The reasonable costs to wIuch the prevailing Party will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statute, rule or guideline 13 INDEMNIFICATION 8 13 01 General The Parties recognize that Contractor is an independent contractor Contractor agrees to assume liability for and indemnify, hold harmless, and defend PSTA, its board memblers, officers, employees, agents and attorneys of, from, and against all liability and expense, includiing reasonable attorneys' fees, in connection with any and all claims, demands, damages, actions, cases of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, loss of use, or Contractor's violation or alleged violation of any third parties' trade secrets, proprietary information, trademark, copyright, patent rights or first amendment rights arising out of the execution, performance, nonperformance, or enforcement of this Agreer+t, whether or not due to or caused by the negligence of PSTA, its board members, officers, employges, agents, and/or attorneys excluding only the sole negligence of PSTA, its officers, employees, agents, and attorneys Contractor's liability hereunder shall include all attorneys' fees and costs incurred by PSTA in the enforcement of this indemnification provision This includes claims made by the employees of Contractor against PSTA, and Contractor hereby waives its entitlement, if any, to immunity under Section 44011, Florida Statutes Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity from or limitation of liability to which PSTA is entitled to pursuant to the doctrine of sovereign immunit Section 768 28, Florida Statutes All obligations contained in this section shall survive terminatio or of this Agreement, however terminated, and shall not be limited by the amount of any insurance required to be obtained or maintained under the Agreement 13 02 Control of Defense Subject to the limitations set forth in this Section, Contractor hall assume control of the defense of any claim asserted by a third party against PSTA arising from or in any way related to this Agreement and, in connection with such defenses, shall appoint lead cour1sel, in each case at Contractor's expense Contractor shall have the right, at its option, to participate in the defense of any third -party claim, without relieving Contractor of any of its obligations hereunder If Contractor assumes control of the defense of any third -party claim in accordance with paragraph, Contractor shall obtain the prior written consent of PSTA before entering into settlement of such claim Notwithstanding anything to the contrary in this provision, Contractor this any hall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by PSTA and all expenses including experts' fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of PSTA, be detrimental in any material respect of PSTA's reputation, (ii) the third party claim seeks an injunction or equitable rTlief against PSTA, or (iii) Contractor has faded or is failing to prosecute or defend vigorously the third party claim Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third -party claim and shall furnish or cause to be furnished records and information, and shall attend any conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith 14 INSURANCE Before beginning any work under this Agreement, Contractor shall obtain insurance as specified in below at Contractor's sole expense and shall provide PSTA with proof of insurance as specified therein Contractor shall maintain such insurance throughout the entire Contract Term and any Extension Terms All insurance renewal certificates must be on file with PSTA no less than fifteen (15) business d prior to the expiration of the current policy with the approved endorsements ys 9 Delays in commencement due to failure to provide satisfactory evidence of insurance shall nbt extend deadlines Any penalties and failure to perform assessments shall be imposed as if the wok commenced as scheduled In the event Contractor has subcontractors, including independent contractors, perform any portion of the work in the Contract Documents, either Contractor sh?ll name those subcontractors and independent contractors as "additional insured" or each Subcontractor and independent contractor shall be required to have the same insurance requirements as Contractor Insurance must be maintained throughout the entire term of this Agreement, insurance of the types and in the amounts set forth Failure to do so may result in suspension of all work until insurance has been reinstated or replaced or until termination of this Agreement For services with a "Completion Operation Exposure", Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance Any penalties and failure to perform assessments shall be imposed as if the work had not been suspended All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have a minimum rating of "B+" as assigned by AM Best Contractor shall provide PSTA with properly executed and approved Certificates of Insurance to evidence compliance with the insurance requirements to PSTA's Purchasing/Risk Management Division A copy of the additignal insured endorsement(s) for Commercial General Liability needs to be attached to the certificate If Contractor has been approved by the Florida State Department of Labor, as an authorized self-insured for Workers' Compensation, PSTA's Procurement/Risk Management Department shall recognize rnd honor such status Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on Contractor's Excess Insurance Program If Contractor participates in a self insurance fund, updated financial statements ma) be required upon request, such self-insurance fund shall only be accepted, at the sole discretion of PSTA, and only if PSTA finds the financial statements to be acceptable Contractor shall provide to PSTA's Purchasing/Risk Management Department, satisfactory evidence of the required insurance by, either • A Certificate of Insurance with the additional insured endorsement • A Certified copy of the actual insurance policy • The Most Recent Annual Report or Audited Financial Statement (Self -Insured Retention (SIR) or deductible exceeds $100,000) PSTA, at its sole option, has the right to request a certified copy of policies required by this Agreement Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to the PSTA, if requested by the PSTA, Contractor shall, within thirty (30) days after receipt of a written request from the PSTA, provide the PSTA with a certified copy or certified copies of the policy or policies providing the coverage required herein Contractor may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein The acceptance and approval of Contractor's Insurance shall not be construed as relieving Contractor from liability or obligation assumed under this Agreement or imposed by law PSTpi, Board Members, Officers and Employees will be included "Additional Insured" on all policies, except Workers' Compensation Should at any time Contractor not maintain the insurance coverages required by this Agreement, PSTA may either cancel or suspend delivery of goods or services as required by Contractor or, at is 10 sole discretion, shall be authorized to purchase such coverage and charge Contractor for such coverage purchased PSTA shall be under no obligation to purchase such insurance or be responsib e for the coverages purchased or the responsibility of the insurance company/companies used The decision of PSTA to purchase such insurance coverages shall in no way be construed to be a waiv r of its rights Any certificate of insurance evidencing coverage provided by a leasing company for either workers' compensation or commercial general liability shall have a list of employees certified by the leasing company attached to the certificate of insurance PSTA shall have the right, but not the obligation to determine that Contractor is only using employees named on such a list to perform work on the jobsite Should employees not be named be utilized by Contractor, Contractor has the option to work without penalty until PSTA identify proof of coverage or removal of the employee by Contractor occurs, or alternately find Contractor to be in default and takes over the protective measures as needed The insurance provided by Contractor shall apply on a primary basis to any insurance or selt- insurance maintained by any participating agency Any insurance, or self-insurance, maintained by a participating agency shall be excess of, and shall not contribute with, the insurance provided by Contractor Except as otherwise specifically authorized in this Agreement, or for which prior written approval has been obtained hereunder, the insurance maintained by Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention Under limited circumstances, PSTA may permit the application of a deductible or permit Contractor to self -insure, in whole or in part, one or more of the insurance coverages required by this Agreement In such instance, Contractor shall pay on behalf of PSTA and PSTA's board members, officers or employees, arty deductible or self-insured retention applicable to a claim against PSTA and PSTA's board members, officer(s) or employee(s) All insurance policies shall include waivers of subrogation in favor of PSTA, from Contractor an Contractor will ensure the compliance with any subcontractors Project Specific Insurance Requirements - The following policies and minimum coverage shall be maintained throughout the entire term of this Agreement which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for services with a Completed Operations exposure, are as follows A Commercial General Liability Insurance including, but not limited to, Independent Contractors, Supplier Liability Premises/Operations, Completed Operations, and Personal Injury Such insurance shall be no more restrictive than that provided by the most recerjt version of standard Commercial General Liability Form (150 Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements PSTA, its board member, officers, and employees shall be added as an "Additional Insured" on a form no more restrictive than ISO Form CG 20 10 (Additional Insured -Owners, Lessees, or Contractors) Minimum required Commercial General Liability coverage will include (i) Premises Operations (u) Products and Completed Operations 11 (in) Blanket Contractual Liability (w) Personal Injury Liability (v) Expanded Definition of Property Damage (vi) $1,000,000 Aggregate An Occurrence Form Policy is preferred If coverage is a Claims Made Policy, provisions should include for claims filed on or after the Effective Date of this Agreement In addition, the period for which claims may be reported should extend for a minimum of two (2) year's following the expiration of this Agreement B Vehicle Liability Insurance- Recognizing that the work governed by the Contract Documents requires the use of vehicles, Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance Coverage shall be maintained throughout the life of th s Agreement and include, as a minimum, liability coverage for • Owned, Non -owned, and Hired vehicles and with the minimum limits at $1,000, Combined Single Limit (CSL) This policy should not be subiect to anv aggregate limit 00 C Workers' Compensation Insurance Prior to beginning work, Contractor shall obtain Workers' Compensation Insurance with limits sufficient to meet the requirements of Florida Statutes Limits per Chapter 440 Contractor shall maintain throughout and will remain in force during the term of this Agreement for all employees engaged in work under this contract The Employers' Liability Insurance with limits no Tess than • $500,000 Bodily Injury by Accident • $1,000,000 Bodily Injury by Disease, policy limits • $500,000 Bodily Injury by Disease, each employee The Workers' Compensation policy must be endorsed to waive the insurer's right do subrogate against all participating agencies, and their respective officers and employees in the manner which would result from the attachment of the NCCI Waiver Of Our Right Too Recover From Others Endorsement (Advisory Form WC 00 03 13) with all participating agencies, and their officers and employees scheduled thereon If not covered under the Contractor's workers compensation policy, Subcontractor or Independent Contractors shall provide proof of coverage or exemption status to be maintained by Contractor D Commercial Crime Coverage Contractor shall purchase and maintain, throughout thie term of this contract, Commercial Crime Coverage, to pay for losses to PSTA property 9r money caused by employee dishonesty, theft or robbery of money inside the premises and loss, theft or robbery of money outside the premises The minimum limits shall be 12 • $20,000 per occurrence / $50,000 Aggregate 15 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction or public entity crime may not transact business with any public entity in excess of the threshold amount provided in Section 287 133, Florida Statutes, for Category two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list PSTA may make inquiries regarding aIle ed convictions of public entity crimes The unreasonable failure of the Contractor to promptly sup ly information in connection with an inquiry or the conviction of a public entity crime may be grounds or termination of this Agreement 16 MISCELLANEOUS PROVISIONS 161 Venue and Jurisdiction This Agreement shall be construed by and controlled under the laws of the State of Florida The Parties consent to jurisdiction over them in the State of Florida and agree that venue for any state action arising under this Agreement shall lie solely in the co rts located in Pinellas County, Florida, and for any federal action shall lie solely in the United Stat es District Court, Middle District of Florida, Tampa Division 16 2 EntrreAgreement This Agreement, including all exhibits, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral negotiations, agreements, bids and/or understandings There are no representations or warranties unless set forth in the Agreement 16 3 Public Records Requirements Pursuant to Section 119 0701, Florida Statutes, for any tasks performed by Contractor acting on behalf of PSTA, Contractor shall (a) keep and maintain all public records, as that term is defined in Chapter 119, Florida Statutes ("Public Records"), that ordinarily and necessarily would be required by PSTA in order to perform the work contemplated by his Agreement, (b) provide the public with access to Public Records, on the same terms and conditions that PSTA would provide the records and at a cost that does not exceed the costs provider in Chapter 119, Florida Statutes, or as otherwise provided by law, (c) ensure that Public Records tat are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, (d) meet all requirements for retaining Public Records and transfer, at no cost, to PSTA all public records in possession of Contractor within thirty (30) da.ys after termination of this Agreement, however terminated, and destroy any duplicate Public Reco ds that are exempt or confidential and exempt from public records disclosure requirements Ind provide PSTA with a letter confirming that this has been done within thirty (30) days of 'the termination of this Agreement All Public Records stored electronically must be provided to PST in a format that is compatible with the information technology of PSTA If Contractor does not com ly with a public records request, PSTA may pursue any and all remedies available in law or equity, including but not limited to specific performance The provisions of this section only apply to those tasks in which Contractor is acting on behalf of PSTA 13 If the Contractor has questions regarding the application of Chapter 11 Florida Statutes, to the Contractor's duty to provide public records relate to this Contract, contact the custodian of Public Records at Telephone number 727-540-1806 E-mail address rcappolla@psta net Mailing address 3201 Scherer Drive, St Petersburg, FL 33716 9, 16 4 interest of Members of or Delegates to Congress, conflicts of interest No member of or delegate to the Congress of the United States shall be admitted to any share or part of ti his Agreement or to receive any benefit there from Contractor represents and warrants that no public officers or procurement employees have a material ownership interest in Contractor and his Agreement is not otherwise prohibited by part III, chapter 112, Florida Statutes Contractor furter represents and warrants that its current business dealings will not conflict in any manner with Contractor's performance of the Services Contractor shall promptly notify PSTA's Project Manager of any potential conflicts of interest which may arise throughout this Agreement with respect to any prospective business association, interest or other circumstance with may influence, or appea� to influence, the Contractor's judgment or quality of the Services Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of PSTA as to whether the association, interest or circumstance would, in the opinion of PSTA, constitute a conflict of interest if entered into by the Contractor PSTA agrees to notify Contractor of its decision within thirty (3) days of receipt of notification by Contractor If, in the opinion of PSTA, the prospective business association, intet)est or circumstance would not constitute a conflict of interest, PSTA shall so state in the notificat on and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to the Services 16 5 Notices All notices required or made pursuant to this Agreement shall be made in wri and sent by certified U S mail, return receipt requested, addressed to the following To PSTA Pinellas Suncoast Transit Authority Attn Brad Miller, CEO 3201 Scherer Drive St Petersburg, FL 33716 With required copy to Alan S Zimmet, General Counsel Bryant Miller Olive One Tampa City Center Suite 2700 Tampa, Florida 33602 Phone (813) 273-6677 Fax (813) 223-2705 ing To Jolley Trolley Jolley Trolley Transportation of Clearwater, Inc Rosemary Windsor, CEO 410 North Myrtle Avenue Clearwater, FL 33755 With required copy to Carol Hague, Board Secretary Jolley Trolley Transportation of Clearwater, Inc 410 N Myrtle Avenue Clearwater, FL 33755 Phone (727) 439-6212 Fax (727) 443-3655 Either party may change its above noted address by giving written notice to the other pa accordance with the requirements of this Section in 14 16 6 Severability If any one or more of the provisions of the Agreement shall be held t9 be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and the Agreement shall be treated as though that portion had never been a part thereof 167 Modification The Agreement may not be amended or altered without prior wri approval by PSTA and which is signed by the Parties Contractor shall be liable for all costs resu from and/or for satisfactorily correcting any specification change not properly ordered by wr modification to the Agreement and signed by PSTA :en ing en 16 8 Headings and Section References The headings and section references in this Agreement are inserted only for the purpose of convenience and shall not be construed to expand or limit the provisions contained in such sections 16 9 No Third Party Beneficiaries This Agreement is entered into solely for the benefit of Parties and shall not be construed as a benefit to any third parties, including but not limited to general public, constituents of PSTA or citizens of its service area, nor shall it be construed enforceable by any third parties he he as 1610 Authorization Both parties to this Agreement represent and warrant that they are authorized to enter into this Agreement without the consent and joinder of any other party and that the individuals executing this Agreement have full power and authority to bind their respect1ve parties to the terms hereof 16 11 Mutual Drafting This Agreement is the product of mutual drafting, each party hav rig been represented by or having the opportunity to be represented by counsel, and therefore shall not be construed against either party 16 12 Counterparts This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument 1613 Electronic Signatures This Agreement may be executed by electronic signatLre technology and such electronic signature shall act as the Parties' legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the Execution Date PSTA By Brad Miller, CEO Date 3/(W.,c-1-(/ Date WITNESS Attest By N.& Ari.$, exerchivt'. AS'S.da4- By Name and Title Approved as to form By Alan S Zimmet, General Counsel 6 Exhibit 1 Scope of Services 17 Introduction Contractor shall supply the facility, vintage trolley vehicles and staff for the administration and operations for the required trolley services Contractor will provide start-up expertise, cost, services, system management, all vintage trolley vehicles, personnel, facilities, fuel and services required for operation and maintenance of the service for all Contractor owned or leased vehicles Contractor services shall include, but not be limited to, vintage trolley transit vehicles and services support vehic es, drivers, maintenance personnel, security, dispatchers, supervisors and the physical facilities and equipment necessary to operate a transit system, including garage, if applicable, and office facilities 2 Definitions Accident As defined by FTA, in connection with a PSTA trip ADA Americans with Disabilities Act (ADA) of 1990 and CFR 49 Subtitle A Part 37 Dispatch/Dispatchers The operational function and the person(s) responsible for job duties which include radio dispatch of and communication with drivers and ensuring no missed trips FTA The Federal Transit Administration General Transit Feed Specifications (GTFS) The General Transit Feed Specifications (GTFS), also known as GTFS static or static transit to differentiate it from the GTFS real time extension, defines a commor format for public transportation schedules and associated geographic information GTFS "feeds" let public transit agencies publish their transit data and developers write applications that consume that data in an interoperable way Incident Any non -vehicular occurrence outside the normal which occurs in connection with a PSTA service (i e slip/fall), any vehicular damage not defined above as an "accident", or an altercation with or between passengers, or any bodily injury that is not received during a defined accident Key Personnel May include General Manager, designated Project Manager, Personnel Manager, Operations Manager, Customer Service Manager, Account Manager, Administration, Driver Trainer, Safety/Risk Manager and Systems Manager or similar positions over a functional aspect of the PSTA contract Missed Tnp A missed trip occurs when the Contractor does not complete a scheduled run National Transit Database (NTD) Reporting and Other Miscellaneous Reports PSTA requires that Contractor collect and maintain all data required by the National Transit Database (NTD) related to the provision of service PSTA reserves the right to establish a reporting process for and to specify the dada to be collected and maintained by the Contractor Near Field Communications (NFC) Near field communication is a set of ideas and technology that enables smartphones and other devices to establish radio communication with each other by touching the devices together or bringing them into proximity to a distance of typically 10 cm (3 9 in) or less On -Time Performance Route is operating in accordance with the advertised time -points This is also defined as a trip operating no more than zero (0) minutes early nor five (5) or more minutes late 18 Passengers per Vehicle Revenue Hour Calculated by dividing all completed passenger trips by the number vehicle revenue hours Contractor Means the individual, firm, company, corporation, partnership, or association executing the Contract as an entity providing the services specified in this Agreement Contractor Supplied Vehicles Any vehicle supplied by Contractor for use in the provision of PSTA's service PSTA will not supply any vehicles needed for these services Revenue Vehicle Any vehicle utilized by the Contractor to provide services to customers where revenue or some form of fare media is collected Related Parties Affiliates of the Contractor, entities for which investments are accounted for by the equity method by the enterprise, trusts for the benefit of employees, such as pension and profit sharirg trusts that are managed by or under the trusteeship of management, principal owners of the Contractor, its management, members of the immediate families of principal owners of the Contractor and its management, and other parties with which the Contractor may deal if one party controls or cari significantly influence the management or operating policies of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests Another party also is a related party if it can significantly influence the management or operating policies of the transacting parties or if it has an ownership interest in one of the transacting parties and can significantly influence the other to an extent that one or more of the transacting parties might be prevented from fully pursuing its own separate interests Revenue Hours (Vehicle) The hours that the vehicle travels while in revenue service Vehicle revenue hours (VRH) include the hours from revenue service only Vehicle revenue hours exclude, deadhead, driver training, and maintenance testing Revenue Miles (Vehicle) The miles that the vehicle travels while in revenue service Vehicle revenue miles (VRM) include the miles from revenue service only Vehicle revenue miles exclude, deadhead, driver training and maintenance testing Revenue Service The time during which service is operated where any vehicle and driver is available to receive payment for providing transportation Service Performance Standards Criteria established by PSTA for service delivery Every effort must be made by Contractor to meet these standards The assessment of incentives and liquidated damages will be based on the Contractor's ability to meet these standards Supplier The Supplier refers to the individual, entity, firm, company, corporation, partnership, or association contracted to provide the services for PSTA defined within this Agreement Trip The act of transporting one person from one location to another Vintage Trolley Vehicle A transit vehicle with more than 20 passenger capacity that is designed to replicate a trolley vehicle operated circa the early 1900's 9 3 Service Area and Hours of Operations The trolley routes operate in one of the highest tourist corridors in Florida and as such, are subject to substantial increase in demand during the various peak seasons of the year, most notably mid-Febr9ary to mid-April The current service includes three (3) routes North Beach, South Beach and Coastalhe Beach routes operate every half hour from 9 42 a m until 11 52 p m Monday through Sunday, thfee- hundred sixty five (365) days per year The Coastal route operates from Downtown Clearwater thro gh Dunedin and Palm Harbor to Tarpon Springs on an hourly basis from 8 25 a m until 1 00a m , th ee- hundred sixty (365) days per year Additional routes may be added in the future PSTA at its sole discretion retains the right to amend route alignments, stop locations, or hours of in- service operation from time to PSTA reserves the right to modify the service level as specified herein If the proposed increase or decrease in the service is greater than twenty percent (20%) of the original service levels, based on service hors, then the price will be re -negotiated between PSTA and Contractor If the proposed increase or decre se is Tess than 20% there will not be a change in cost 4 Revenue Fleet Requirement A preliminary run of the headway of the operations for half hour service is indicative or regular operations for the greater part of the year and would warrant a fleet of eight (8) revenue vehicles The operating experience to date indicates an increase in service requirements by approximately 25% during spring break and holm ay season on some routes and dose to doubling the service on others An additional four (4) vehicles shout be considered to meet the peak season requirements These totals do not include the spare ratio for this typ of fleet The spare ratio of vehicles should not exceed 20% 5 Facility Contractor is responsible for providing a suitable facility that will accommodate its vehicles, staff nd necessary equipment to provide the service The facility shall be in a location that will minimize the impact on deadhead operations and allow for prompt response to service needs and road calls in the requi1 ed service area PSTA reserves the right to inspect Contractor's facility at any time during the contract period Contractor's new facility shall be built in a way that does not preclude, but rather accommodates the use of electric battery powered, zero -emission trolley buses ("Electric Trolleys") or any other electric vehic es, and shall include the ability to charge the vehicles when they are parked at the facility The facility's electric utility capacity shall be designed to be expandable as more Electric Trolleys are introduced to the fleet Contractor shall be responsible for adding charging stations, as necessary, to accommodate the Electric Trolleys that Contractor purchases pursuant to paragraph 16 below All concrete surfaces and structures, and trolley -related aspects of the facility shall be designed and built to handle the weight of the Electric Trolleys On or before May 15, 2021, Contractor shall provide PSTA with copies of the design plans for the new facility PSTA staff shall provide its feedback and comments on proper electric trolley maintenance and charging facilities, back to Contractor within seven (7) business days of receipt of the design plans from the Contactor 20 6 PSTA Furnished Equipment A PSTA Furnished Equipment PSTA will provide and install the below equipment on the Contractor's revenue vehicles The Contractor shall maintain, repair and protect all equipment, tools and materials provided by PSTA or supplied for the benefit of PSTA services The equipment is the sole property of PSTA and therefore shall be returned to PSTA at the end of the contract The Contractor cannot use the equipment for non-PSTA service The below equipment will be furnished to the Contractor by PSTA • Clever Devices on Board Bus AVL Equipment and all components of PSTA's Real -Time Information System This includes seamless interfacing with Clever Devices software • INIT Smart Card Validators (ProxMobile3) and vehicle configurations This includes seamless interfacing with INIT'S back office software • Automatic Passenger Counters (APC) PSTA currently uses Urban Transportation Associates (UTA) on board APC equipment and reporting software B Contractor Required Equipment • The Contractor is required to purchase, install and maintain an On -Board Video Surveillance System All data from the video surveillance system must be maintain and accessible for a minimum of thirty (30) days • The Contractor is required to have Passenger WiFi access on all vehicles used for PSTA service The Contractor is responsible for the WiFn modem/routers and cellular service 7 Fare Structure, Handling and Compensation Fares shall be determined by PSTA for all services All fares shall be PSTA revenue The Contractor shall develop a secure fare collection system that provides accountability of collection of fares The Contractor shall have a secure location for storage of collected fares Fare collection information including metf od of payment shall be documented and reported to PSTA PSTA reserves the right to audit fare collection procedures at any time The Contractor shall • Accept all fare media by PSTA, including magnetic stripe, Universal Pass cards, and all eFare m (i e Smart Cards -mobile devices NFC) and mobile apps • Accept full and reduced cash fares on board in accordance with the PSTA Fare Structure • Issue day passes on board in accordance with PSTA Fare Structure • Provide fare boxes for on board fare collection and issuance of magnetic fare media • Count and report all fares collected (Smart Card Technology provided by PSTA) • Establish a reconciliation process for fares collected to be returned to PSTA • Have the option to sell additional fare types, i e 3 -Day passes • Will ensure all drivers are aware of and adhere to the fare structure established by PSTA dia 21 PSTA shall • Notify the Contractor of any proposed fare changes • Work with the Contractor for the conversion of fare media • Provide fare collection equipment related to the new Regional Fare Collection System (Smart Card and Mobile App Readers) as implemented throughout the PSTA system 8 Planned Service The planned service area for the initial contracted services can be found on PSTA's website at www psta net Additional service may be required on established routes related to holidays, special events, emergency services, hurricane or similar evacuations or other public events as directed by P TA All services will be compliant with PSTA and ADA services as provided on all PSTA regular fixed routes From time to time, PSTA 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 PSTA and will be compensated at the revenue hour rate The Contractor shall be available to PSTA, upon seventy-two (72) hours advance notice, when feasible The Contractor agrees to provide vehicles and personnel to operate additional service Extended event service may be scheduled on any day of the week and at any hour when the event does not conflict with regularly scheduled service All event services must be in accordance with PSTA Charter policies, terms, and conditions PSTA and the Contractor will agree on holidays or special events prior to the service being perforn Depending on the day of the week of a holiday or special event, the Contractor may be asked to ope a Saturday schedule or additional trips on the day of the holiday/event or the day before holiday/event Examples • New Year's Eve service will be extended to 2 00 a m • Sundays before a Monday holiday will run Saturday service, such as Sundays before Memorial and Labor Day • Special Events to run Saturday service include, but are not limited to, Dunedin Mardi Gras Patrick's Day and Cinco de Mayo PSTA is responsible for all Scheduling of the service The Contractor shall • Participate in PSTA's planning process for the trolley service • Periodically make recommendations as to routes, fares, and service standards, subject to determination and approval by PSTA • Provide for full vehicle run cutting and blocking, as needed Contractor shall provide services minimum of four (4) hours per day per vehicle and a maximum of eighteen (18) hours per day vehicle • Provide an interface for GTFS (General Transit Feed Specification, see Definitions sect schedule information import and export ed ate the ay St the t a per on) 22 9 Dispatch Contractor will provide dispatcher(s) as necessary to properly oversee the daily operation of PSTA's trolley service The dispatcher(s) will ensure proper communication between the driver and dispatch to support the service requirements At least one dispatcher will be on duty when any vehicle is in revenue service Dispatchers shall be sufficiently trained in all aspects of their position including but not limited to PS—A service requirements, the communication system and ADA regulations 10 Complaints Complaints received by PSTA will be sent to the Contractor electronically The Contractor shall have primary responsibility for investigating and resolving all complaints and provide PSTA with the details of action taken to resolve and prevent recurrence of the problem within three (3) business days of receivipg the complaint The Contractor will be required to submit the complaint response back to PS`A electronically If PSTA determines that any Contractor personnel is involved in illegal or unethical activity, or contributes to an unsafe condition while operating the service, the Contractor shall comply with PSTA's request that the employee be prohibited from participating in PSTA service PSTA reserves the right to require the Project Manager and/or other appropriate staff to attend meetings with PSTA staff to address passenger complaints and comments as needed PSTA shall receive and document passenger compliments, comments and complaints PSTA shall deft e complaint categories and calculate the number of service -related complaints The Contractor shall provide a description of the proposed process for reporting and addressing passen e r complaints with their Proposal 11 Staff Hiring, Retention, and Training Requirements A Applicable Law and Responsibilities The Contractor will be solely responsible for payment of wages and benefits as well as for their wrongful acts of its employees or subcontractors Contractor's personnel wages and work hors shall be in accordance with local, County, State, and Federal regulations affecting such personn I PSTA will have the right to notify the Contractor of any problems or concerns involving t e performance or conduct of any employee or Contractor's subcontractor who is participating in the provision of PSTA's service Contractor shall respond immediately to any such notice by PSTA and shall take appropriate actions to remedy any problems or concerns including, where appropriate, termination or removal of such employee from provision of service for PSTA Without any expense to PSTA, the Contractor will comply with all applicable laws, regulations, rules and procedures, including, but not limited to, those regarding employer's liability, employee liability, workers' compensation, unemployment insurance, employment insurance, and other forms of social security and also with respect to withholding of income tax, state disability insurance, and any other proper withholding from wages of employees Contractor will indemnify, hold harmless, and defend PSTA for any and all liability, damages, claims, costs (inciudi1 g reasonable attorneys' fees, and other expenses of any nature) arising from alleged violations of 3 such laws, regulations, rules, or agreements with labor organizations, or from any claims of subrogation provided for in such laws, regulations, rules or agreements or otherwise, personal practices, applicable local, state and federal laws related to labor and employment and ny applicable labor agreements Contractor shall require in their policy and procedures that all employees and subcontractors report any arrests and convictions during their employment B Hiring elf Contractor shall use appropriate driver screening and selection criteria in order to employ drivrs These criteria will include Department of Motor Vehicles license check, criminal record checks and pre-employment drug screening sufficient to meet applicable requirements for all services PSTA encourages the hiring of bi-lingual, English and Spanish, employees Contractor shall utilize the U S Department of Homeland Security's E -Verify System (www uscis Roy) in accordance with the terms governing the use of the system to confirm Ithe employment eligibility of all new persons employed by the Contractor during the term of the contract C Retention The Contractor shall be solely responsible for the satisfactory work performance of all employees described in this Agreement or any reasonable performance standard established by PSTA Contractor shall have a personnel program, which includes recruitment, hiring, training, retention and performance reviews It is of paramount interest to PSTA and in the best interest of its passengers that the Contractor's employees and subcontractors are not only properly trained gain hands-on experience in their craft It is PSTA's belief that a high turnover rate reduces ov but rall service quality through lack of efficiency and familiarity with the areas in which they operate In order to indicate the level of commitment a Contractor would have to encourage retention and longevity of its employees and subcontractors, Contractor shall submit a plan to accomplish this as part of the proposal D Employee Conduct Contractor will ensure that all of its employees and subcontractors present a neat appearance and conduct themselves in a courteous, professional, and efficient manner at all times In the event that any employee or subcontractor is found not to be courteous or not to be performing properly the services required by the Contract, Contractor shall take necessary corrective measures All employees and subcontractors who are likely to be in contact with the public are to be trailed by Contractor to give accurate information concerning all PSTA's fares and services 24 Additionally, drivers shall meet the following requirements and observe the following minium rules Do not solicit or accept gratuities of any kind • Be sensitive to the special needs of the passengers with disabilities and all persons conta ted in the performance of the fob • Speak, understand, and write the English language • Smoking, including e-ctgarettes, or use of tobacco products is prohibited within any vehicle used to deliver service under this Contract • Be identified by an ID, which shall be worn on the outer garment during all service hours • Not allow any animals, except service animals on vehicle Small domestic animals are allowed provided they are contained in an enclosed animal carrier • Use or possession of a cellular, Wi-Fi, or Blue Tooth enabled or other personal electronic devices while driving or in service is prohibited All cellular, Wi-Fi, or Blue Tooth enabled devices must be powered off while the vehicle is being driven • Passengers must never be kept waiting, except for drivers to maintain scheduled headwa s • Drivers shall be dressed and groomed appropriately Further, all drivers shall wear a uniform acceptable to PSTA Drivers and/or any other employee in contact with passengers shall wear identification tags clearly displaying their first name only while performing their duties • Drivers are required to adhere to and maintain the scheduled frequency of trips (headwa s) • Drivers are required to have a thorough knowledge of and abide by all traffic regulations along the route • 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 E Driver Suitability All drivers must meet the following qualifications at the time they begin to provide service to PSTA 1 Continuous possession of a valid driver's license for the past seven (7) years 2 No Driving under the Influence (D U I) or Driving While Intoxicated (D W I) convictions for past seven (7) years 3 Negative drug screens for at least the last seven (7) years the 4 No more than seven (7) points assessed on their driving record in the past forty-eight (48) months 5 Possession of a valid Commercial Driver's License (CDL), State of Florida Driver's License wiith a passenger endorsement, which is appropriate for the passenger capacity and gross weight otthe vehicle being operated by that driver Drivers must pass all applicable medical exams 25 6 All drivers providing service for PSTA shall be required to complete an eight-hour AIA sensitivity/passenger assistance program, which shall be approved by PSTA, and paid by Contractor 7 Before hiring or assigning staff for PSTA services, the Contractor shall have conducted a national criminal background check Said check shall be conducted for a period of seven (7) years prior to the date of hire and extending up to a date not more than four (4) weeks prior to the date of hire No person who has been convicted of any felony or misdemeanor fon a crime against a person shall be assigned to PSTA's contract Failure to disclose any criminal conviction to PSTA will disqualify the driver and may result in termination of the Contract The Contractor must report to PSTA any driver operating underii the contract who is arrested for public offenses during the course of their employmei t, including being arrested for traffic related offenses A driver will be disqualified from operating a vehicle under the Contract for criminal misconduct if they have been convicted of any offense listed below This list is a representation, and is not all-inclusive a Operating a motor vehicle while under the influence of alcohol, a narcotic drug, or derivatives of narcotic drugs b A crime involving the transportation, possession, sale or possession for sale, or unlawful use of a narcotic drug, or derivatives of narcotic drugs c A felony or misdemeanor involving moral turpitude d A felony for abuse, neglect, or exploitation of elderly persons and disabled adults e A felony or misdemeanor involving violence f Leaving the scene of a traffic accident resulting in personal injury or death g A felony involving the use of a motor vehicle h A felony or misdemeanor involving a firearm i Any person determined to be mentally disabled under Florida law or under simi ar provision of law of any state 1 Any person required to register as a sex offender under Florida law or under similar provisions of law of any state k Drivers with a suspended or revoked license may not provide service under the contract 26 F Drivers The Contractor shall be responsible for anticipating required driver staffing levels and ensuring that sufficiently trained and qualified drivers are available to operate scheduled servibes Contractors must meet all Florida Department of Highway, Safety and Motor Vehicles for schedr, ling drivers work hours at all times, including peak service times Contractor shall provide a copy of each driver's driving record based upon the Florida Department of Highway, Safety and Motor Vehicles in order to verify driving history upon request Contractor shall initially be required to show proof of items a through j above, for any and all drivers who will be assigned to provide service to PSTA passengers After a driver meets these qualifications, the Contractor shall be responsible for monitoring the driver's driving record on a continuous basis PSTA reserves the right to request, in writing, that the Contractor remove a driver from operate g in PSTA service upon presentation of documentation that the driver has engaged in an unsafe or ill gal act or a violation of policies and procedures while serving PSTA passengers PSTA also reserves the right to review all findings and issues prior to written approval for driver utilization in carrying PTA passengers, this will also include all misdemeanors and felony offenses However, the Contra or shall be solely responsible for supervising its drivers, employees, agents and supervisors, ensuring that they comply with all PSTA's requirements G Employee Training The Contractor shall provide a description of the training program of drivers, supervisors, dispatchers, customer service representatives, and maintenance personnel within their proposal The number of annual hours of training and types of training to be provided for each position shalt be specified The Contractor shall be responsible for all costs relating to employment, train ng, and compensation it's personnel for this Contract Training requirements shall include formal classroom and behind the wheel training and inclyde, at a minimum, the following • Safety, FDOT and/or FL Rule Chapter 1490 Related Training • Customer Service Training • Radio Procedure Training • Wheelchair Securement Training • Vehicle Lift/Equipment Training • Defensive Driver Training • Drug and Alcohol Program Training • First Aid and CPR Training • Reasonable Suspicion Training (Supervisors Only) The Contractor shall also provide all drivers with refresher training as required or on an as nee annual basis ed Drivers shall be trained to operate all types of vehicles (including reserve vehicles owned or leased by the Propose) in the service, wheelchair lifts and harness systems and other equipment that they may be expected to use during service hours 27 12. Management The Contractor is required to identify a Project Manager who will be responsible for the satisfactory operation of all aspects of services provided under the Contract A The Contractor's Project Manager will serve as the point of contact for communication with PSTA and will attend all meetings with PSTA staff for contract coordination and other requiremerts when requested B At all times that service is in operation and whenever passengers are being transported the Contractor is required to have a staff capable of supervising service delivery and communicating with its staff, passengers, and PSTA C PSTA reserves the right to review the Contractor's key employee's qualifications and other personnel as PSTA deems necessary to fulfill the Contract D PSTA reserves the right to request the removal of the Project Manager and other key personn if PSTA determines that conditions so warrant removal from PSTA's Contract 1, E The Contractor shall cooperate with PSTA and any'other agency when audits are conducted •n any aspect of the service such as the Drug and Alcohol program, FDOT and/or FTA Trienn al Reviews 13 Drug and Alcohol Program The Contractor agrees to contract with or under PSTA's third —party administrator for drug and alcohol testing, in accordance with PSTA guidelines and procedures which comply with 49 CFR Part 40 and 6515 Contractor shall produce any documentation necessary to establish its compliance with these federlal regulations Contractor shall also permit any authorized representative of the United States Departme%t of Transportation and PSTA to inspect the facilities and records associated with the implementation Of the drug and alcohol testing program as required under 49 CFR Part 655 This includes any additional reviews of the testing process as required under 49 CFR Part 40 The Contractor agrees further to certify annually its compliance with Part 655 before February 15th of ea:h year to PSTA's DAPM or DER located at 3201 Scherer Drive, St Petersburg, FL 33716 To certify complian.:e the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements", which is published annually in the Federal Register The Contractor agrees further to submit for review and approval upon request a copy of its Polity Statement developed to implement its drug and alcohol testing program In addition, the Contractor agrees to submit upon request all documentation needed to verify compliance with Part 655, including but not limited to Drug -Free Workplace Policy, Drug -Free Awareness Program, Correspondence / Notification to employees, Employee Assistance Program, selection of certified laboratory, substance abuse professional, Medical Review Officer, and the use of any consortiums 28 14 Safety Program The most important aspect of this service is safety The Contractor shall provide a safety program including, at a minimum, elements regarding safety of employees and passengers The Safety Program shall comply with any applicable State and Federal regulations A System Safety Program Plan Contractor shall develop and maintain a System Safety Program Plan (SSPP) as required by the FTA f3nd Rule Chapter 14-90 Florida Administrative Code (Equipment and Operational Safety Standards for pus Transit Systems) PSTA must approve SSPP prior to service start up and any subsequent revisions Florida Rule Chapter 14-90 is included in Exhibit 4 B Security Program Plan Contractor shall develop and maintain a System Security Pian (SSP) as required by FTA and Rule Cha ter 14-90 Florida Administrative Code (Equipment and Operational Safety Standards for Bus Transit Syste s) PSTA must approve SSP prior to service start up and any subsequent revisions C Continuity of Operations Plan (COOP) Contractor shall develop and maintain a Continuity of Operations Plan (COOP) to ensure there are operating procedures for recovery and continued operation of trolley services in case of an emergency, disaster, or other unforeseen event which may inhibit the normal operation of servic s D Other Plan Requirements Contractor shall develop and maintain all other plans as required by federal, State, and local regulations Such plans may include a fire and emergency evacuation plan E Emergencies — Natural Disasters In the event of an emergency or natural disaster, PSTA may require the Contractor to make available, to the maximum extent possible, transportation and communications services and facilities to assist PSTA in ameliorating such incidents Any such use of the trolley vehicles for emergency response purpdses must be pre -approved by the Office of Transportation of PSTA, and said approval must be secured in writing To the extent PSTA requires the Contractor to provide such emergency services, the Contra or shall be relieved of the obligation to fulfill the duties and responsibilities of operating the current or ny future trolley operations which may be established herein Further, the Contractor shall be entitled tdf 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 he Contractor and PSTA prior to the conclusion of the emergency or disaster, or at such other tim - as they may mutually agree upon 29 F Other Operational Safety Requirements I' II The Contractor will observe all safety rules and other requirements of regulatory bodies having 1 jurisdiction over the service area and operate the vehicles with the highest regard for all aspects of safety 1 The Contractor will not use or allow the vehicles to be used for any illegal purpose 1 2 The vehicles shall not be used for towing, pushing or any purpose other than the transportation of passengers 3 The Contractor shall not overload the vehicles beyond their specified carrying capacity nor operate a vehicle in an unsafe manner 4 All vehicles shall operate with headlights and taillights turned on while in service 5 PSTA will designate specific bus stops along the routes described herein Passengers shall be picked up and discharged only at these designated bus stops, however, may be permitted to mke courtesy or flag -stops If safe to do so Four-way flashers shall be used whenever the vehicl is stopped to load or unload passengers II I 6 Service shall be provided to all orderly persons who pay the proper fare and comply with ridership rules and regulations established by PSTA The Contractor shall not discriminate against any paying passenger or prospective paying passenger because of race, color, religion or'country of origin, age, gender, sexual preference or disability 7 Mobility impaired passengers shall be assisted, as necessary, from the curbside to a securedt 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 s11 all be required of an Operator, other than as specified above, if it necessitates leavingithe driving position 8 The Contractor shall require its operators to perform a vehicle pre -trip inspection when trave ing away from the garage, before starting a new shift, or going into revenue service at any time 30 15 Accidents and Incidents All accidents involving any vehicle used for PSTA service, or PSTA passenger, shall be reported immediately to PSTA via telephone notification followed by written email notification A supervisoni level employee of the Contractor shall respond to all such accidents for the purpose of determining the cause of the accident The Contractor shall comply with all requirements of FTA regulations regarding drug and alcohol testing The Contractor shall provide PSTA written documentation of the driver, supervisor and police reports including drug and alcohol testing results as soon as possible afterl the accident Written documentation of all accidents and injuries involving passengers that are not a result of vehicle collision shall be provided to PSTA within twenty-four (24) hours of occurrence Documentation should include a description of how the injury occurred, how Contractor employees responded to the injuryl an outline of follow-up conversations with the passenger, and recommendations for prevention of fulure injuries of the same type If fines or other charges for which the Contractor is responsible are levied, assessed, charged or impoped against PSTA, PSTA will notify the Contractor in writing PSTA may pay any fine or their charge, whether levied, assessed, charged, or imposed against PSTA for the Contractor In the event payment is made by PSTA, the Contractor will reimburse PSTA within seven (7) calendar days after receipt of an invoice Fai ure to make such reimbursement when due may, at the option of PSTA, be deemed a default under he Contract or be recouped from any payments due to the Contractor 16 Vehicles Contracted service shall be provided by approximately a fleet of a minimum of fourteen (14) of lift - equipped accessible vintage trolley vehicles that are provided by the Contractor All of the proposed vehicles shall have side -loading ramps/lifts which meet the requirement of the ADA The side -loading ramps/lifts may either be located at the front entrance door, mid -ship of the vehicle, or rear curbside The vehicles shall be new or at least less than half-life years / miles base on Altoona expected life The Contractor is responsible for licensing and registration of all vehicles The Contractor will be respons ble for maintaining all required insurance coverage, maintenance, and all daily operating costs The mini um specifications for the trolley vehicles that are to be provided for this service are listed In Exhibit 5 he Contractor shall submit specifications on the vehicles to be used in providing the service under his Agreement Vehicles proposed for use should meet all specifications as defined in this proposal and required by law Transit vehicles must meet the requirements of Florida Administrative Code 14-90 (i e passenger moor mirror height, etc) The system fleet must meet all local, state and federal requirements as applicable to public transit vehicles PSTA will provide security driver barriers for all Contractor's vehicles at a date mutually agreed upon by the Parties Included in Contractor's proposal is the replacement of some of its fleet of diesel and gasoline powered trolleys during the Contract Term, at Contractor's cost and expense This includes, and Contractor agrees that at least one of the trolleys replaced no later than in year 3 of the Contract Term and at least one of the trolleys replaced no later than in year 5 of the Contract Term shall be replaced with Electric Trolleys, at Contractor's sole cost and expense 31 From time to time PSTA may decide, in its sole and absolute discretion, to purchase Electric Trolleys for use by Contractor in providing services under this Agreement Contractor agrees to use the PTA purchased Electric Trolleys solely for services under this Agreement Contractor shall be responsibl6I to maintain the PSTA Electric Trolleys in accordance with all manufacturer's requirements and genes tly acceptable industry standards PSTA shall lease the PSTA purchased Electric Trolleys to Contractor foil $1 per year, per vehicle Over the Contract Term, PSTA may purchase up to two (2) Electric Trolleys for lease to Contractor These PSTA-purchased Electric Trolleys are in addition to the two Electric Trolleys Contractor is purchasing as replacements for its existing fleet of diesel and gasoline powered trolleys he as noted in the above paragraph If PSTA provides an Electric Trolley to the Contractor, the compensat on due Contractor under this Agreement for Contractor's fixed costs shall be reduced as provided for in Paragraph 5 of the Agreement by an amount equivalent to the replacement cost of an equivalent numter of diesel or gasoline trolleys as shown on the Jolley Trolley's vehicle replacement schedule as shown in Exhibit 2 If PSTA purchases Electric Trolleys for Contractor's use with federal funds, Contractor shall Use and maintain said trolleys in accordance with all FTA regulations, circulars and grant requirements including those that prohibit the use of said trolleys for charter service Commencing in the sixth Term Year under the Agreement, PSTA can, in itssole discretion, prohibit the Contractor from purchasing new replacement trolleys, thereby reducing Contractor's fixed costs, un ess the Parties agree that purchasing of new trolleys is necessary for Contractor to provide service under he Agreement If PSTA chooses not to renew the Agreement beyond the Contract Term, at the end of he Contract Term, PSTA will purchase the Contractor's trolleys used to provide service under the Agreement at a value determined as of the date of termination of the Agreement The value of each trolley shall not exceed the unamortized cost of the trolley, using a five-year useful life, with straight amortization PSTA shall not be obligated,to purchase Contractor's trolleys if Contractor chooses to not renew the Agreemnt, Contractor otherwise terminates the Agreement, or PSTA terminates the Agreement for cause 17 Vehicle Maintenance A Minimum Maintenance Requirements and Plan The Contractor shall develop and maintain a vehicle maintenance plan which should meet A and FDOT requirements The maintenance plan shall be submitted and approved by PSTA prio to service startup At all times the Contractor shall maintain the vehicles in a safe, clean, and mechanically sound condition in accordance with vehicle manufacturer guidelines The Contractor will be responsible for maintaining the appearance and cleanliness of all vehicles used in service under this Contract Vehicles shall be removed from service due to damage th t is beyond repair PSTA reserves the right to request to have any vehicle removed from service ntil it is in a safe, reliable and clean presentable condition Vehicles shall be operated in accordance with applicable Federal, State of Florida, and local i.ws Due regard for the safety, comfort, and convenience of passengers, property, and for the sa ety of the general public must be taken at all times The Contractor will be responsible for providing complete maintenance and service of vehi les and PSTA provided equipment, including radios or other communication devices This also includes regular preventive maintenance and record keeping, mechanical repairs tires parts, 32 fuel, and labor Regular preventive maintenance inspections shall be conducted in accords ce with the Contractor's maintenance plan approved by PSTA Random unannounced maintena$ice inspections will be conducted by PSTA staff to verify regular preventative maintenance schedules and safe conditions of operational vehicles A maintenance report for preventive maintenance schedule adherence shall be submitted to PSTA with monthly invoices Periodic inspection and servicing checklists will be developed that conform at least to manufactures most severe service recommendations and generally accepted best industry practices Each vehicle shall have a properly functioning wheelchair ramp/lift at all times If the wheelchair ramp/lift fail while on -route in service the Contractor shall make arrangements to have the vehicle changed out promptly Substitute transport shall be made available by the Contractor for any passengers requiring the use of the wheelchair ramp/lift to complete the trip The Contractor shall properly maintain operating HVAC systems on all vehicles, so equipped with HVAC, at all times No vehicle shall be permitted to enter service without a properly functioring heating or air conditioning system while in service, if so equipped on the vehicle B Vehicle Listing The Contractor shall provide a description of the vehicles that the Contractor intends to use to provide the requested services The description shall include for each vehicle, at a minimum the year, model and mileage of the vehicle, remaining manufacturer life based on the Altoona test, whether the vehicle is equipped with a lift or ramp, the side of vehicle that lift is deployed on, the seating capacity of the vehicle, the number of securement areas in the vehicle including the t�pe of securement devices installed C Equipment Failure In the event that any vehicles used as part of this Contract experiences an accident equipment failure or service interruption of any kind, the Contractor will be responsible for providing alternative transportation at the Contractor's sole expense Any wheelchair passengers that cannot board a vehicle due to equipment failure shall be transported to their destination within thirty (30) minutes per ADA regulations and at no additional cost to the passenger or PSTA D Vehicle Cleaning Contractor shall provide all labor and materials necessary to keep the vehicles clean at all times Contractor 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 Contractor shall mop vehicle floors and clean all other inte for 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 Contractor shall remove all graffiti from the exterior and interior of the vehicles immediately or as soon as it is practical, but no later than the start of the next day's service If the graffiti is offensive or vulgar and cannot be removed, that vehicle shall be taken but of service immediately 33 18 Performance Standards PSTA will monitor the service delivered by the Contractor and related activities in order to assess Contractor performance As part of the monitoring procedure, PSTA will conduct random/periodic inspections and field audits of all service and vehicles as part of the overall quality assurance and control program Contractors shall be required to provide PSTA full access to observe service and equipment The below performance standards are subject to review after each three month evaluation period T e performance standards may be adjusted, if needed, based on actual data collected during the first thr-e months of the service performed A On -Time Performance An on-time trip is one that departs one (1) minute early and no more than five (5) minutes I from any scheduled stop Performance under this Contract shall require the Contractor to meet a daily standard of 90 percent (90%) on-time performance During peak season, between mid-February and mid-Ap •il, the Contractor shall closely monitor on time performance If traffic circumstances have an adverse effect on the performance, then the Contractor shall immediately initiate recovery efforts The efficiency of the recovery from the service delays shall be monitored B Customer Complaints Complaints shall be measured per 10,000 customer hoardings as measured by monthly passen er counts Only valid customer complaints shall be used for this performance measure Performance under this Contract shall require the Contractor to meet a standard of twelve (12) complaints per 10,000 hoardings C Accident Rate An accident is any contact with an object, vehicle or person An accident includes all occurrences, whether the vehicle is in revenue service or not The accident rate is determined by the number of accident occurrences per 100,000 miles Performance under this Contract shall require the Contractor to meet a standard of four occurrences per 100,000 miles D Miles between Road Calls 4) Road calls are defined ?as (1) a vehicle was changed out due to a mechanicalladure, (2) vehicle lost time due to a mechanical failure Road call reporting shall follow all NTD guidelines or reporting road calls Performance under this Contract shall require the Contractor to meet a standard of ten thousnd (10,000) miles between road calls 34 19 Incentives and Liquidated Damages A Incentives In order to ensure service efficiency and encourage the Contractor to use its financial and capital resources in the most cost-efficient manner, PSTA has established the Incentives shown in the below table Incentives may be assessed at PSTA s sole discretion If so, the Contractor will receive written notification within thirty (30) days of earning incentives As determined by PSTA and in PSTA's sole discretion, the Contractor will be notified that earned incentives may be added to the next month's invoice B Liquidated Damages There may be occasions where the Contractor does not perform as required by PSTA If a Contractor violates one of the requirements in the below table, liquidated damages may e assessed at PSTA's sole discretion If so, the Contractor will receive written notification within thirty (30) days of assessment The Contractor then has ten (10) days to provide written Justification or other reasonable excuse for the removal of an assessment As determined by PSTA and in PSTA's sole discretion, if no acceptable removal justification is received within ten (10) days, the assessment will automatically be applied to the Contractor's billing invoice for the period PSTA hereby acknowledges that traffic patterns are out of Contractor's control and agrees to take into account such factors in determining Liquidated Damages, including the time of year, special events in the area, accidents, and other similar factors PSTA may elect to waive accessing any Liquidated Damages during the following periods • Four days (prior and post) Christmas Day • December 31 (NYE) • Four days (prior and post) New Year's Day • Jan 15 thru April 30 PSTA and Contractor representatives have a history of addressing in good faith all contractual obligations between the Parties Where specific circumstances (peak traffic generated by holidays, special events, weather conditions, etc) equally affect Contractor's on-time performance and PSTA's on-time performance in the same area as Contractor's service, PSTA will consider the assessment of penalties to Contractor in these circumstances on a case-by-case basis Excessive liquidated damages over a period of time shall, at the sole discretion of PSTA Ch of Executive Officer, be cause for suspension and/or termination of the contract Likewise, the PS A Chief Executive Officer shall have the authority to waive any and all liquidated damages On -Time Performance Departs one (1) minute early and no more than five (5) minutes late. 90% On Time 94.5% results incentive. in a (0.25%) 85.5% results in a (0.25%) reduction. 98.1% results incentive. in a (0.50%) 81% results in a (0.50%) deduction. Complaints Number of Complaints per 10,000 boardings. 12 11.4 results incentive. in a (0.25%) 12.6 results in a (0.25%) reduction. 10.8 results incentive. in a (0.50%) 13.2 results in a (0.50%) deduction. Accidents Number of Accidents per 100,000 miles 4 3.8 results incentive. in a (0.25%) 4.2 results in a (0.25%) reduction. 4.4 results in a (0.50%) deduction 3.6% results incentive. in a (0.50%) Miles between Road Calls Number of Revenue Miles between Road Calls 10,000 10,500 results incentive. in a (0.25%) 9,500 results in a (0.25%) reduction. 11,000 results incentive. in a (0.50%) 9,000 results in a (0.50%) deduction On Time Reports All reports are submitted accurately on or before the due date 100% Reports submitted after due date result in a (0.25%) reduction for every three (3) days past due. 36 20 Reporting Requirements The Contractor is required to provide all operational statistics in an MS Excel format Reports should be provided by the times specified for each report Some of the reporting requirements may change as PSTA s external reporting requirements or systems change The Contractor shall maintain financial records in accordance with all Federal, State and PSTA standards Monthly financial reports required include a minimum reconciliation of fares collected (cash and passes), vehicle miles traveled and hours of revenue service The following reports will be required by the Contractor A National Transit Database (NTD) Records/Reporting In accordance with the Federal Transit Administration (FTA) guidelines, Contractor will .e responsible for the tracking, collecting, and preparation of National Transit Database (NTD) repo t data PSTA may also require passenger mile sampling, as required by NTD every three years Section 15 of FTA NTD reporting requirements entails a high level of financial and operational da a sampling (approximately one per week) utilizing FTA approved sampling techniques or y collecting 100% of the data All source documents shall be maintained for three years followirg final payment and may be audited by PSTA and/or FTA at any time within this period B Passenger and Fare Reports The Contractor is required to report passenger, fare, and deposit information on a monthly bas Required data is required to be submitted with monthly invoice C Quarterly Preventive Maintenance and Vehicle Mileage Update Reports s A Quarterly Preventive Maintenance (PM) Report shall be submitted to PSTA indicating the date and mileage for when the last PM was performed for each vehicle and the type of PM (e g , "A", "B", Lube, 011, Filter (LOF), Brake Inspection, HVAC inspection) that was performed This report will match the Contractor's maintenance records and will be audited by PSTA on a random announced or unannounced basis PM reports for PSTA furnished equipment shall also be provided The vehicle fuel and oil consumption shall also be submitted quarterly D Daily Accident/Incident Report A daily Accident/Incident Report will be e-mailed to PSTA within 24 hours of each accident/incident involving a PSTA trip (regardless of fault) Any major accident involving injuri s or significant damage to Contractor's vehicle will be immediately reported by phone, followed • y a written summary of the accident/incident E Operational Statistics Monthly Operational Statistics shall be submitted to PSTA Statistics include on-time performance, road calls, accidents and other information as required by PSTA F Department of Transportation Drug and Alcohol MIS Reporting Contractors are subject to Department of Transportation (DOT) drug and alcohol testing regulations and thus shall submit their annual drug and alcohol testing data to PSTA as required by the DOT for their Drug and Alcohol Management Information System (MIS) 21 Marketing, Branding and Public Engagement PSTA shall be responsible to prepare, schedule and pay for advertising and promotional mater als designed to inform customers of services Contractor shall distribute and disseminate materials in accordance with the provisions of this Agreement and any supplemental directions provided by PSTA at no cost PSTA Contractors are not to permit or allow, any signage or unauthorized advertising to be placed in any vehicle used for PSTA service, except as authorized by PSTA The Contractor shall ensure authorized PSTA information items and notices are not destroyed, soiled or mutilated The Contractor shall • Coordinate public information and marketing collateral materials and distribution v designated PSTA personnel • Comply with system wide marketing standards • Refer all media inquiries relating to service provided to PSTA and cooperate in providing pu information through PSTA h c PSTA has a distinctive and established brand for the public transit services in Pinellas County Contractors will be expected to work with PSTA staff to ensure branding for the trolley services complements PSTA's brand 22 Vehicle Advertising The Parties agree that any advertising revenues received by Contractor for advertisements on the trolleys during the Contract Term shall be shared by PSTA and Contractor as set forth herein Contractor sh ll remit twenty-five and seventy-three one -hundredths percent (25 73%) of the gross advertising revenus generated and collected by Contractor for advertising on the trolleys to PSTA together with a written report no later than the fifteenth (15th) day of each month The monthly written report shall detail tke gross amount of the funds received during such month Upon reasonable request (defined as no less th?n 72 hours' notice) from PSTA, Contractor shall make available backup documentation, at Contractor's office of operation during routine business hours, including invoices, cashed checks and/or receipt depos s sufficient for PSTA to review and verify the gross revenues for any month requested by PSTA Nothig contained herein is intended to conflict with any other agreement PSTA or Contractor may have with other vendors regarding the sale of advertising on its own buses or other vehicles For the avoidance of doubt, the Parties agree that Contractor may retain any and all advertising revenue it receives from 38 advertising installed on the trolley vehicles that are used solely by Contractor and not for providing the Services under the Agreement 23 Confidentiality PSTA shall maintain all documentation of the Contractor provided pursuant to paragraph 22 "Vehicle Advertising" in confidence, except if and to the extent that such disclosure is required by applicable law , including the open records and public meeting laws of the State of Florida 24 Escalation/De-Escalation If, during the term of the Agreement, the price of insurance, and/or vehicle capital significantly chang js, whether higher or lower by more than 20% in a single year, through no fault of Contractor or PSTA, the Parties shall work in good faith to equitably adjust the compensation to be paid the Contractor by a reasonable amount, whether it results in an increase or a reduction in the compensation to be pa d Contractor Additionally, if, during the performance of this Contract, PSTA elects to no longer provide the fuel for the service provided by Contractor to PSTA under this Agreement, the Parties agree that they will negotiate a reasonable adjustment to the Contractor's pricing In no event, shall any increase in the amount paid io Contractor due to an escalation in the pricing under this Paragraph 24 shall result in a total amount paid to Contractor that exceeds the not to exceed amount set forth in Paragraph 5 of the Agreement 39 EXHIBIT 2 w w0K 5555..60.0655660.50(0.. 5505.5555556555555 5555505•515,555•5055555 556555,55-5.55.1+5555546550(0K105,151.5601.555550051, .0555.155.5555.566 .45 (1.... (110,010. 55,51•565.5,.......K5•155555,55,455.5555,5555.565 ,.0+(1.55 .vi 5.0 litl..105101511,51050550,I01055064 WINK 5155004.551.1 1.15,0 OKI 50515555 0050.0 1555,5 ..555555,55, a5.55 .555555511. 555. K1.555555555555555.555550 550 55.5^. 565 p.55,50. utat. 5,5 ,55.05.55.•.55.60.555.55.555,1 5.5 55+555.5555; .11 15511550 KW-. • .555555115,55556515,55.51.5555,554 55.5,555n5 Km V .633.355555 110m0CG N. 00.0 ovum. 1.552011r6550150.1 141571 500.06015 (160551 (60*5, 0605 605141 Kart 10(1,1 KIK: 64t01 alta 14005 500((0 anr5015 Wein u21t 916004 005(0 40693 9010 ((001 Kali :KKK KOK1 Grp^ •555.6 5,5 ,65 K19151[5S 1405 OKI (0905 eat x0(01 40(00 Kitt 50111 0600 0(00(1 1 KKK. 0.55 Kra 0 0 0 a 0 0 0 0 0 0 t KKK. 0544554rt5 KIRK 41550. Stns KIM .sea KOK 00.x00 KKK KKK 0,e tit 1 +M1555e5055/56051 6115 0 t 0 0 0 0 0 0 6 0 1 ...Al 91160015 6061 nn 455 ant 6101 K01 6501 6060 Kat K6 5 15++1 501110104 91500 00951 9400 15Vt. 060105 ntal 611:55 LLCM 40311 6010 0 0001245. 16093.. 1190J. t 1.04 56064 5500 100.0 0wA 0.00 4.0 410' 1.0 03000.40001 0.49(5405 bite KIM 501e1 144, tt601 Ke. 055,55 MSM 9101, 554(1 t Ramat 905 ,5594 440'460'01 SKS. gnat 04141104141104•01304•013wan 040(09 100.1, nue 40. al It 1«.00,400 AI 444(0 at ,at t.t tui .at tK1 tat «K 090 g0( , KKK, (110(1904 59515 Kra nM 0(56-1 51191 NM 1641 6051 Hix a.[ , 114.11 0001 0 0 0 0 t 0 a 0 a 0 1 000.6•4040•14.004•aa4M 1001('(161 4019* 1005 9100 1505 .104 (1(41 50495 91045 05451 19411 1 10001000.4:••1.0./.4•04.4000 mot K(n's,. se.e xtu Kt. 56095 x60. Inn t.taa ems 11695 50I5K t On1..04roW 4.1•445 Ktdsni ME< 5Ae Mtn 0105 6004 x1201 .NS Kms (uM t2. t OK.. 041K54 *KVA.. tKatt 4110((1053 061,m 055.10 ,605 mai 051(9 161515 61000 (06904 116151 055.531 555555151154,K115556,56 A, 00041590010 a4,093 46041 000A 110, 0x60 .043 00µ 1.01 2.415 600 330 0000040.110. .1111154 anal oil 03•61 0556. 1001 5:111 Int met Dan 1005 t 164e0016110+5N 0-041*att 6.506 6015 Ott. 65,655 94516 54611 un. 1.460 ,0,K Kau 1 ••••••040,400004.6.4.1.0.4 410.10...04.00.4/ 0(50(44(1 42(11 MKT aaa sit. see 0,[M, ru46 1600 TIM a.0 1 vs, 60.446 nurarK 410(1 2056 *MK arcs Sato seer oral 006450 95114( 01.0 f >yr..1 60910.605 04611 0400(0 915501 tam( (5115* 095601 K660 040550 Kan 0010 5 40((1..5441541uw194.0 0101100. 401171 win KW... ...toe 16650( [KIM 04101 [Ka. rain M1s 10..E f M6p.4. 0.060 000,0 0 409010.9000 .04.44 4004. . ..11601 1M4). .1100. 260.4- 00.5 00093 20.x1. 4181 ALO 160 54.,•1.1N a 100x91514 Kant 4495 90155 055015 550155 635195 66.at 6I,9. is KM 6a.,, , 555.5555.0511,55, .5.50D 61600611 (1 05521 m.K5SKK arta 004(1 1 .4990 901091 01641 Kat. _ux a M '55.4.5.5.5.55505,55 (4401'004 0(0. 150 (16(1 0114 900 9005 Kr00 11(11 sstN 00(0 1 4640 itKM9K [0511 60(15 Linn 40(1 0601 Linn Mir Witt 0(090 1 40(...4000 n 1K'et91 (1644 00 05 0024 44941 1460 19599 eves 16165 1554 0(M t 0041 51(011,14 050 e.0( 0310 100r 0 a 0 0 0 0 , 0661150040 050.1 4600 4501 1413 9000 9440 - e4090.. i11µ 2 A 4x01 3,40 51,11x3 w w0K 5555..60.0655660.50(0.. 5505.5555556555555 5555505•515,555•5055555 556555,55-5.55.1+5555546550(0K105,151.5601.555550051, .0555.155.5555.566 .45 (1.... (110,010. 55,51•565.5,.......K5•155555,55,455.5555,5555.565 ,.0+(1.55 .vi 5.0 litl..105101511,51050550,I01055064 WINK 5155004.551.1 1.15,0 OKI 50515555 0050.0 1555,5 ..555555,55, a5.55 .555555511. 555. K1.555555555555555.555550 550 55.5^. 565 p.55,50. utat. 5,5 ,55.05.55.•.55.60.555.55.555,1 5.5 55+555.5555; .11 15511550 KW-. • .555555115,55556515,55.51.5555,554 55.5,555n5 Km V .633.355555 110m0CG N. 00.0 ovum. 1.552011r6550150.1 Iww Wet I GM 3Wrv1 l4( 15I01009A35010744 -,415.1,.529684,443 4 03,4193 v- Year1 year2 `6443 "3 -Year 4 ,, Y9016 ,r Y 08 Yw7 Y r! Year _ Y 4x10 Rent 50 50 $D 50 50 58 543,507 540,556 540500 uwees 596920 047,328 551457 557,162 569305 568.316 570407 671,519 574,695 540500 M 1 weans 543220 544496 645,331 547)06 548622 550581 052.084 554,161 576,931 T kmmmenke34 565200 036256 537,394 038.969 539,618 540,806 542,239 543.713 556.311 545,243 554,597 546,836 Toryor toured, 4 5167,76/ 0172,738 5177,920 5183259 5188,756 5194,411 0201271 51087166 5219655 5223,100 CaOoataF tl01r9vEr0e4d 5177,000 5162,000 5162000 5152,0121 5162,000 5162.000 5163,049 5162000 5161502 51139000 Administrative Cost Yuri ,�5. 2 a Yea 3 Yaw 4 Yea 6 Yeare Year „ Year Year .,,.,t h Y 15 Geo al Ma gene:dad 4cdege3 091,943 594701 597,943 5100,446 5103,483 5106587 5109998 5111513 5117,164 5221,134 Clerks! SU ff 8nd+4a0 RI® 1 5173,861 5179077 5184,449 5189,983 5193,682 5201533 5203033 5214,658 5211,741 I ea 5299,647 5150,598 5329,441 5369863 6417945 5472278 55 3120 562 7718176 522926/ 0390011103,5 590,090 592420 595111 597,77 5150511 5103326 5105,25 ,500 5109618 0111,907 5824017 00574408 Man ge fa 771, NTD Bend. 3/850sekkll girakes 570,170 572,275 57443 576.677 378,977 091,346 082,949 086636 5116,294 wV hide Cepa 1 584983 592,260 515400 533 MO 518,600 519,000 519,290 134.400 599,408 3196/0 592269 314,899 Operating Coal T Yeas T 502 Wear] y ',fY r4 w Years . Year ,,, Yea 7 Y u5 Yea 9 Y r10 DUpatdnrW a 1106,11 a idngtt 558292 616,991 555,330 559.419 512,232 564,099 565150 568,265 370,319 572,846 5rhW9ers Ih8104a9id 811 658192 636951 558.655 560,419 552,232 564,099 546150 568,256 570,519 572,846 3724 mentos Wage 334ad1Da craws 551467 536423 553,026 556676 555377 662,228 56202 564,039 566,151 6 dorms 1 dm dInking aae73 $D SO 50 50 50 50 59 50 SO 568,134 SO Trawl® 510080 515.362 517169 517371 518,098 518641 519,119 319,815 520429 529,065 Wen® 56.725 51350 57,417 97,607 47,739 67,874 57,517 57,631 57,194 57440 VNdrleCap10l 04d719 5149,077 0333,216 5436141 5623,860 5E82,706 0634050 5510154 5406225 6306198 fuel SD S4 SO 50 50 Tr4dhg 514 100 515060 515444 515 830 $16,226 516.632 317131 517845 516174 50 $38710 MaintenanceCost Year 1, Y 002 Y ar3 Year4 Y 15 ' Y a21 Yaar7 " - YearaN , 'leer' -.,year11)0 Mesh kW g 9o8099 6 Fr1 Id 5106859 51,0075 5111377 5116 779 0120 102 5123,899 5127,855 6131946 5135169 5140526 Tre1N g 5928 $956 5985 51,014 51.544 53076 51.119 51,1 6 51,183 !ken es SO 50 50 SO 5D 50 $5 50 50 51,220 P393(5 990 Niko 5251755 5259806 5267085 5275,997 5283 350 5291851 5301,190 63101329 5320,773 50 5331,039 Unaorrs4 SO 50 50 50 50 50 50 50 50 SA® 5up751 012,800 512,300 513.751 513.113 513,506 013,911 314356 019.816 419290 50 615.779 503177 Sups® orwashen,woad woke 1178,004 0183,700 9189579 0195,645 3701,935 6288,357 5215014 0221916 5239017 5235345 Res 441 5125507 5031126 1148209 5154775 5164 399 5171904 5178625 5189874 189 269 526/ 642 62,154,367 "52162,896 1 57.6313534 .a1 72,764314 1 51053810 53.225528 33,657,967 73 391.043 $3424536 63 616,670 516/2021 10 Year Vehicle Expense Amontization Montiy Year # Bought Cost Year Total Payment Annual 1st yr Pay Year 2 Year3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 TOTAL 1 1 Diesel $210 000 00 $4 059.89 $48 718 68 $48 718 68 $48 718 68 348 71868 $48 718 68 $48 718 68 $243 593 40 2 2 Diesel $215000 00 100 358 16 54 181.59 $50179 08 $50 179 08 350 179 08 $50 179 08 350 179 08 $50 179 08 $250 895 40 $4 181 59 350179 08 550 179 08 $50 179 08 $50 179 08 350 179 08 $50 179 08 3250 895 40 3 1 Diesel 5215 000 00 100 961 28 $4 206 72 550480 64 $50 48064 $50 480 64 350 480 64 $50 480 64 $50 480 64 $252 403 20 1 EV 311 05487 $132 658 44 $132 658 44 $132 658 44 3132 658 44 5132 658 44 $132 658 44 5663 292 20 4 2 Diesel 3220 000 00 $4 330 36 551964 32 $51 964 32 $51 964 32 $51 964 32 $51 964 32 $51964 32 $259 821 60 $570 000 00 $4 330 36 $51964 32 $51 964 32 $51 964 32 551 964 32 551 964 32 $51 964 32 $259 821 60 5 1 Diesel $220000 00 54 35626 $52 275 12 352 275 12 352 27512 $52 275 12 $52 275 12 $52 275 12 $261 375 60 1 EV 51128666 $13544016 $13544016 $135 440 16 $135 440 16 513544016 5135 440 16 $677 200 80 6 2 Diesel $225000 00 34 48186 $53 782 32 $53 782 32 553 782 32 $53 782 32 $53 782 32 353 782 32 5268 911 60 54 481 86 $53782 32 $53 782.32 $53 782 32 $53 782 32 $53 782 32 553 782 32 $268 911 60 7 1 Diesel $225000 00 $4 508 54 554102 48 554 102 48 $54 102 48 $54 102 48 5108 204 96 $270 512 40 8 1 Diesel 54 736 89 $56 842 68 $56 842 68 $56 842 68 $170 528 04 3284 213 40 9 0 10 0 842 369 64 TOTAL 348 718 68 5149 076 84 $332 215 92 $436 144 56 $623 659 84 5682 705 80 $636 45012 6510 153 72 5406 225 08 $386 297 64 $4 211 848 20 34 211 848 20 505 2021 EXHIBIT 3 10- Year PSTA Contract Variable Costs Year Amount of Contract Cost per Hour % Increase 1 $760,188 $22 99 2 $782,993 $23 68 3 0 3 $806,483 $24 39 3 0 4 $830,678 $25 12 3 0 5 $855 598 $25 87 3 0 6 $881,266 $26 65 3 0 7 $910,348 $27 53 3 3 8 $940,389 $28 44 3 3 9 $973,303 $29 43 3 5 10 $1,007,368 $30 46 3 5 TOTAL $8,748,614 $26 51 3 1777778 Vanable consists of Driver Wages and Fringe Benefits only Exhibit 4 Florida Administrative Code Chapter 14-90 11 / CHAPTER 14-90 EQUIPMENT AND OPERATIONAL SAFETY STANDARDS FOR BUS TRANSIT SYSTEMS 14-90 001 Scope (Repealed) 14-90 002 Definitions 14-90 003 Department Responsibilities and Authority (Repealed) 14-90 004 Bus Transit System Operational Standards 14-90 0041 Medical Examinations for Bus Transit System Drivers 14-90 005 Transit Bus Accidents (Repealed) 14-90 006 Operational and Driving Requirements 14-90 007 Vehicle Equipment Standards and Procurement Criteria 14-90 008 Standards for Accessible Buses (Repealed) 14-90 009 Bus Safety Inspections 14-90 010 Certification 14-90 011 Inspection of Buses By Law Enforcement Officers (Repealed) 14-90 012 Safety and Security Inspections and Reviews 14-90 001 Scope Rulemaking Authority 334 044(2), 341 061(2)(a) FS Law Implemented 344 044(12), (21), 341 041(3), 341 061(2) FS History—New 9-7-87, Amended 11-10-92, 8-2-94, Repealed 8-7-05 14-90 002 Definitions Terms used in this rule chapter shall mean as defined in Section 341031, F S , in addition (1) "Bus" means any motor vehicle, other than a taxicab, which is designed or constructed for he public transport of persons for compensation and is owned operated leased or controlled by a .us transit system Buses are designated in two categories (a) Type I means over 22 feet in length, including bumpers (b) Type II means 22 feet or less in length, including bumpers and paratransit type vehicles, such as minibuses, standard vans, modified vans, station wagons, and sedans (2) "Bus Transit System" means a community transportation coordinator, a public transit provider, or a private contract transit provider which owns, operates, leases, or controls buses or taxicabs where s ch transportation consists of continuous or recurring transportation under the same contract, or a privately 2 owned or operated transit provider that receives operational or capital funding from the Department 9nd owns, operates, leases, or controls buses, other than nonpublic sector buses that provides transportation services available for use by the general riding public (3) "Community Transportation Coordinator" means a provider of transportation services or an entity that ensures such services are provided by another bus transit system (4) "Department" means the Florida Department of Transportation (5) "Drive" or "Operate" means all time spent at the controls of a bus in operation (6) "Driver" means any person trained and designated to drive a bus on a street or highway being used for the public transport of persons for compensation (7) "FMVSS" means the Federal Motor Vehicle Safety Standards in effect at the time the bus or component is manufactured (8) For Compensation' means for money, property, or anything else of value whether paid, received, or realized, directly or indirectly (9) "Manufacturer" means the original producer of the chassis, the producer of any type of bus, or the producer of equipment installed on any bus for the purpose of transporting individuals with disabilities (10) "Off -Duty" means any time the driver is not on duty, required to be in readiness to work, or under any responsibility to perform work Such time shall not be counted towards the maximum allowed n - duty hours within a 24-hour period (11) On Duty' means the status of the driver from the time he or she begins work, or is require to be in readiness to work, until the time the driver is relieved from work and all responsibility for performing work "On Duty" includes all time spent by the driver as follows (a) Waiting to be dispatched at bus transit system terminals, facilities, or other private or pu.iic property, unless the driver has been completely relieved from duty by the bus transit system (b) Inspecting servicing, or conditioning any vehicle (c) Driving (d) Remaining in readiness to operate a vehicle (stand-by) (e) Repairing obtaining assistance or remaining in attendance in or about a disabled vehicle (12) "Passenger" means a person who is on board, boarding, or alighting from a bus for the pure ses of public transport (13) "Paratransit" means those elements of public transit which provide service between spe ific origins and destinations selected by the individual user with such service being provided at a time that is agreed upon by the user and the provider of the service Paratransit service is provided by taxis, limousines, "dial -a -ride" buses, and other demand -responsive operations that are characterized by their nonscheduled, non -fixed route nature (14) "Safe Condition" means a condition where hazards are reduced to the lowest level feasible and 43 substantial compliance exists with all safety rules, regulations, and requirements (15) "Safety Review" means an on-site assessment to determine if a bus transit system has adequate safety management controls in place and functioning in accordance with the safety standards provid6d and incorporated by reference in this rule chapter (16) "Secunty" means freedom from harm resulting from intentional acts against passengers, employees, equipment, and facilities (17) "Security Program Plan" or "SPP" means a document developed and adopted by the bus transit system detailing its policies, objectives, responsibilities, and procedures for the protection and defense of the system and persons from intentional acts of harm (18) "Security Review" means an on-site assessment to determine if a bus transit system has secur ty management controls in place and functioning in accordance with the security requirements provided in this rule chapter (19) "System Safety Program Pian" or "SSPP" means a document developed and adopted by the bps transit system detailing its policies, objectives, responsibilities, and procedures against injuries or damage (20) "Taxicab means any motor vehicle of nine passenger capacity or Tess, including the driv1r, engaged in the general transportation of persons for compensation, not on a regular schedule, betwe n fixed termini, or over regular routes, where such vehicle does not provide transportation services a a result of a contractual agreement with a bus transit system (21) "Trailer Bus" means a trailing or towed vehicle designed or used for the transportation of more than 10 persons, e g , tram buses (22) "Twenty-four Hour Period" or "24 -Hour Period" means the consecutive time beginning at 120001am to120000am (23) "Unsafe Condition" means anything which endangers human life or property (24) "Personal wireless communications device" means an electronic or electrical device that was not provided by the bus transit system for business purposes (25) "Use of a wireless communications device" means use of a mobile telephone or other electronic or electrical device, hands-on or hands-free, to conduct an oral communication, to place or receive a telephone call, to send or read electronic mail or a text message, to play a game, to navigate the Intern t, to play, view, or listen to a video, to play, view, or listen to a television broadcast, to play or listen o music, or to execute a computational function Use of an electronic or electrical device that enhances t e individual's physical ability to perform, such as a hearing aid, is not included in this definition (26) "Wireless communications device" means an electronic or electrical device capable of rem to communication Examples include cell phones, personal digital assistants (PDAs) and portable comput rs (commonly called laptop computers) Rulemaking Authority 334 044(2), 341 061(2), 341041(3), 341 031 FS Law Implemented 341 041( ), 341 061(2) FS History—New 9-7-87, Amended 11-10 92, 8-7-05, 9-16-10 14-90 003 Department Responsibilities and Authority t Rulemaking Authority 334 044(2), 341 061(2)(a) FS Law Implemented 341 041(3), 341 061(2) FS Histo New 9-7-87, Amended 11-10-92, Repealed 8-7-05 14-90 004 Bus Transit System Operational Standards (1) Each bus transit system shall develop and adopt an SSPP that complies with or exceeds the established safety standards set forth in this rule chapter (a) The SSPP shall address the following safety elements and requirements 1 Safety policies and responsibilities 2 Vehicle and equipment standards and procurement criteria 3 Operational standards and procedures 4 Bus driver and employee selection 5 Driving requirements 6 Bus driver and employee training As part of the driver training program, specific procedures, a id training shall be implemented to instruct the driver on how to safely approach and depart from a transit bus stop to avoid contact with pedestians and other hazards 7 Vehicle maintenance 8 Investigations of events described under subsection 14-90 004(5), F A C 9 Hazard identification and resolution 10 Equipment for transporting wheelchairs 11 Safety data acquisition and analysis 12 A wireless communication plan and procedure that provides for the safe operation of the bus transit vehicle The wireless communication plan and procedure shall assure that a The use of a personal wireless communication device is prohibited while the transit vehicle is in motion, and b All personal wireless communications devices are turned off with any earpieces removed from the operator's ear while occupying the driver's seat 13 A policy on the use of a wireless communications device issued to the operator by the bus transit system for business related purposes Policies developed shall assure that a Guidelines are developed that allow for the use of a wireless communications device in emergency situations, and b The use of a wireless communications device does not interfere with the operator's safety related duties 14 The Bus Transit System shall develop a driver educational training program addressing a The proper use of a wireless communications device issued to the operator by the Bus Transit System while in the performance of their safety related duties, and b The hazards associated with driving and utilizing a wireless communications device 45 15 Safety standards for private contract bus transit system(s) that provide(s) continuous or recurr transportation services for compensation as a result of a contractual agreement with the bus trar system ng sit (b) Each bus transit system shall implement and comply with the SSPP during the operation of the system (c) Each bus transit system shall require that all operable transit buses be inspected at least once er year in accordance with established standards (d) Each bus transit system shall submit an annual safety certification to the Department verifying the following 1 Adoption of an SSPP, which meets or exceeds the established standards set forth in this rule chapter 2 Compliance with its adopted SSPP and that safety inspections have been performed at least one year on all buses operated by the bus transit system, by persons meeting the requirements set fortl- Rule 14-90 009, F A C a in (e) Bus transit systems shall immediately suspend affected system service operations if, at any time, continued operation of the system, or a portion thereof, poses an immediate danger to public safety (2) Each bus transit system shall develop and adopt an SPP that meets or exceeds the security requirements set forth in this rule chapter The SPP shall be adopted separately from the SSPP (a) The SPP shall address the following security requirements 1 Security policies, goals, and objectives 2 Organization, roles, and responsibilities 3 Emergency management processes and procedures for mitigation, preparedness, response, and recovery 4 Procedures for investigation of events described under subsection 14-90 004(5), F A C 5 Procedures for the establishment of interfaces with emergency response organizations 6 Procedures for interagency coordination with local law enforcementjurisdictions 7 Employee security and threat awareness training programs 8 Security data acquisition and analysis 9 Emergency preparedness drills and exercises 10 Requirements for private contract transit providers that engage in continuous or recurr ng transportation services for compensation as a result of a contractual agreement with the bus transit system 11 Procedures for SPP maintenance and distribution 46 (b) Each bus transit system shall implement and comply with the SPP during the operation of t system (c) Bus transit systems that engage in a contract with a private contract transit provider shall 1 Establish minimum security requirements which apply to private contract transit providers e 2 Monitor and assure that each private contract transit provider complies with established secur ty requirements during the term of the contract (d) Bus transit systems are prohibited by Section 119 071(3)(a), F S , from publicly disclosing the SPP or the security portion of the SSPP, as applicable, under any circumstance (3) Bus transit systems shall establish criteria and procedures for the selection, qualification, and training of all drivers The criteria shall include the following (a) Driver qualifications and background checks meeting minimum hiring standards (b) Driving and criminal background checks for all new drivers (c) Verification and documentation of valid driver licenses for all employees who drive buses (d) Training and testing to demonstrate and ensure adequate skills and capabilities to safely oper to each type of bus or bus combination before driving on a street or highway unsupervised As a minim m requirement, drivers shall be given explicit instructional and procedural training and testing in t e following areas 1 Bus transit system safety and operational policies and procedures 2 Operational bus and equipment inspections 3 Bus equipment familiarization 4 Basic operations and maneuvering 5 Boarding and alighting passengers 6 Operation of wheelchair lifts and other special equipment 7 Defensive driving 8 Passenger assistance and securement 9 Handling of emergencies and security threats 10 Security and threat awareness 11 Driving conditions (e) Bus transit systems shall provide written operational and safety procedures to all bus driv•rs before driving on streets or highways unsupervised At a minimum, these procedures and instruct gns shall address the following 47 i i i i 1 Communication and handling of unsafe conditions, security threats, and emergencies 2 Familiarization and operation of safety and emergency equipment, wheelchair lift equipment, and restraining devices 3 Application and compliance with all applicable federal and state laws, rules, and regulations (f) The provisions in paragraphs (d) and (e), above, shall not apply to personnel licensed and authorized by the bus transit system to drive move or road test a bus in order to perform repairs fir maintenance services when it has been determined that such temporary operation does not create unsafe operating conditions or create a hazard to public safety (g) Bus transit systems shall maintain the following records for at least four years 1 Records of bus driver background checks and qualifications 2 Detailed descriptions of training administered and completed by each bus driver 3 A record of each bus driver's duty status which shall include total days worked, on -duty hours, driving hours, and time of reporting on and off duty each day (h) Each bus transit system shall establish a drug-free workplace policy statement in accordance with 49 C F R Part 32 and a substance abuse management and testing program in accordance with 49 C F R Parts 40 and 655, October 1, 2009, hereby incorporated by reference (i) Bus transit systems shall require that drivers write and submit a daily bus inspection report pursuant to Rule 14-90 006, F A C (4) Bus transit systems shall establish a maintenance plan and procedures for preventative and routine maintenance for all buses operated The maintenance plan and procedures shall assure that (a) All buses operated, and all parts and accessories on such buses, including those specified in Rule 14-90 007, F A C , and any additional parts and accessories which may affect safety of operation, including frame and frame assemblies suspension systems axles and attaching parts, wheels and rims, and steering systems, are regularly and systematically inspected, maintained, and lubricated to standards that meet br exceed the bus manufacturer's recommendations and requirements (b) A recording and tracking system is established for the types of inspections, maintenance, and lubrication intervals documenting the date or mileage when these services are due Required maintenance inspections shall be more comprehensive than daily inspections performed by the driver (c) Proper preventive maintenance is performed when a bus is assigned away from the syste regular maintenance facility or when maintenance services are performed under contract (d) Records are maintained and provide written documentation of preventive maintenance, regular maintenance, inspections, lubrication 'and repairs performed for each bus under their control Such records shall be maintained by the bus transit system for at least four years and, at a minimum, provicIe the following information 1 Identification of the bus, the make, model, and license number, or other means of positive 48 identification and ownership 2 Date, mileage, description, and each type of inspection, maintenance, lubrication, or repair performed 3 If not owned by the bus transit system, the name of any person furnishing a bus 4 The name and address of any entity or contractor performing an inspection, maintenance, lubrication, or repair (5) Each bus transit system shall investigate, or cause to be investigated, any event involving a bus or taking place on bus transit system controlled property resulting in a fatality, injury, or property damage as follows (a) A fatality, where an individual is confirmed dead within 30 days of a bus transit system related event, excluding suicides and deaths from Illnesses (b) Injuries requiring immediate medical attention away from the scene for two or more Individuals (c) Property damage to bus transit system buses, non -bus transit system vehicles, other bus system property or facilities, or any other property The bus transit system shall have the discretion to investigai te events resulting in property damage Tess than $1,000 (d) Evacuation of a bus due to a life safety event where there is imminent danger to passengers g p g n the bus, excluding evacuations due to operational issues (6) Each investigation shall be documented in a final report that includes a description of investigation activities, identified causal factors, and any identified corrective action plan (a) Each corrective action plan shall Identify the action to be taken by the bus transit system and the schedule for its implementation (b) The bus transit system shall monitor and track the implementation of each corrective action plan (7) Investigation reports, corrective action plans, and related supporting documentation shall be maintained by the bus transit system for a minimum of four years from the date of completion of the e investigation Rulemaking Authority 334 044(2), 341 061(2) FS Low Implemented 119 071, 341 041(3), 341 061(1)(), 341 061(2)(a) FS H story—New 9-7-87, Amended 11-10-92, 8-7-05, 6-24 08, 9-16-10 14-90 0041 Medical Examinations for Bus Transit System Drivers (1) Bus transit systems shall establish medical examination requirements for all applicants to driver positions and for existing drivers The medical examination requirements shall include a pre-empioymet examination for applicants, an examination at least once every two years for existing drivers, and a return to duty examination for any driver prior to returning to duty after having been off duty for 30 or more days due to an illness, medical condition, or injury (2) Medical examinations shall be performed and recorded according to qualification standar s adopted by the bus transit system, provided the medical examination qualification standards adopted by 9 the bus transit system meet or exceed those provided in Department Form Number 725-030-11, Medical Examination Report for Bus Transit System Driver, Rev 05/09, hereby incorporated by reference Copus of Form Number 725-030-11 are available from the Florida Department of Transportation, Public Transit Office, 605 Suwannee Street, Mail Station 26, Tallahassee, Florida 32399-0450 or on-line lat www dot state fl us/transit (3) Medical examinations shall be performed by a Doctor of Medicine or Osteopathy, Physician Assistant, or Advanced Registered Nurse Practitioner licensed or certified by the State of Florida If medical examinations are performed by a Physician Assistant or Advanced Registered Nurse Practitioner, they must be performed under the supervision or review of a Doctor of Medicine or Osteopathy (a) An ophthalmologist or optometrist licensed by the State of Florida may perform as much of the medical examination as pertains to visual acuity, field of vision, and color recognition (b) Upon completion of the medical examination, the medical examiner shall complete, sign, and date the medical examination form and maintain the original at his or her office (c) Upon completion of the medical examination, the examiner shall complete, sign, and date the medical examination certificate and provide a copy to the driver's employer If the transit agency decidles to adopt qualification standards other than those listed in Department form 725-030-11, the adopted standard's medical examination certificate or a signed letter from the medical examiner attesting tote completion of a medical examination shall be given to the transit agency in lieu of the Departmen 's medical examination certificate The adopted standards medical certification or letter must provide all of the information required on the Department's medical examination certificate (d) Upon completion of the medical examination the driver shall provide their driver license number, signature, and date on the medical examination certificate (4) Bus transit systems shall have on file a completed and signed medical examination certificate of a signed letter from the medical examiner attesting to the completion of a medical examination for each bus driver, dated within the past 24 months (a) Medical examination certificates or a signed letter from the medical examiner attesting tot e completion of a medical examination of the employee bus drivers shall be maintained by the bus tran it system for a minimum of four years from the date of the examination (b) Bus Transit Systems shall not allow a driver to operate a transit bus without having on file a completed medical examination certificate or a signed letter from the medical examiner attesting to tie completion of a medical examination dated within the past 24 months Rulemaking Authority 334 044(2), 341 061(2) FS Law implemented 334 044(12), 341 041(3), 341 061(1)(a), (b) (2) FS History—New 11-10-92 Amended 8-7-05, 6-24-08 9-16-10 14-90 005 Transit Bus Accidents Rulemaking Author,ty 334 044(2) 341 061(2)(a) FS Law Implemented 341 041(3) 341 061(2) FS History— New 9-7-87, Amended 11-10-92, Repealed 8-7-05 14-90 006 Operational and Driving Requirements (1) Bus transit systems shall not permit a driver to drive a bus when such driver's license has been suspended, cancelled, or revoked Bus transit systems shall require a driver who receives a notice that his or her license to operate a motor vehicle has been suspended, cancelled, or revoked to notify his or her 50 employer of the contents of the notice immediately, no later than the end of the business day follow the day he or she received the notice (2) Buses shall be operated at all times in compliance with applicable traffic regulations, ordinanc and laws of the jurisdiction in which they are being operated ng s, (3) A driver shall not be permitted or required to drive more than 12 hours in a 24-hour period, or drive after having been on duty for 16 hours in a 24-hour period A driver shall not be permitted to dr ve until the requirement of a minimum eight consecutive hours of off-duty time has been fulfilled A driver's work period shall begin from the time he or she first reports for duty to his or her employer A driver is permitted to exceed his or her regulated hours in order to reach a regularly established relief or dispatch point, provided the additional driving time does not exceed one hour (4) To ensure uniform interpretation of subsections 14-90 002(10), (11), (22) and 14-90 006(3), F A the following practical applications are provided c, (a) A driver is required to drive from 4 a m — 8 a m , off-duty from 8 a m — 3 p m , then required to drive from 3 p m —11 p m Driving hours and on -duty hours are the same 4 hours + 8 hours = 12 hoirs driving This driver has met the maximum allowed driving hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled This driver cannot be permitted or allowed to drive before 7 a m (b) A driver is required to drive from 4 a m — 8 a m , off-duty from 8 a m —11 a m , then required to be on -duty, not driving, from 11 a m —11 p m Driving hours = 4 hours and on -duty not driving hours1= 12 hours for a total of 16 hours on -duty This driver has met the maximum allowed on -duty hours wit in a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive ho rs off-duty has been fulfilled This driver cannot be permitted or allowed to drive before 7 a m (c) A driver is required to be on -duty, not driving, from 4a m —8a m, off-duty from 8 a m —11 a Ti , then on duty, not driving from 11 a m —11 p m On -duty not driving hours = 4 hours + 12 hours for a tcital of 16 hours on -duty This driver has met the maximum allowed on duty hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled The driver cannot be permitted or allowed to drive before 7 a m (d) A driver is required to be on -duty, not driving, from 4 a m —8a m , then off-duty from 8 a m —111 a m , then on -duty, driving from 11 a m —11 p m On -duty, not driving hours = 4 hours and on -duty driv ng hours = 12 hours for a total of 16 hours on -duty This driver has met the maximum allowed driving and on -duty hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled This driver cannot be permitted or allowed to drive before lam (5) A driver shall not be permitted or required to be on duty more than 72 hours in any period of seven consecutive days, however, any 24 consecutive hours of off duty time shall constitute the end of any such period of seven consecutive days A driver who has reached the maximum 72 hours of on duty time during the seven consecutive days shall be required to have a minimum of 24 consecutive hours off duty prior to returning to on duty status (6) A driver is permitted to drive for more than the regulated hours for the safety and protection of the public when conditions such as adverse weather, disaster, security threat, a road or traffic condition, 51 medical emergency, or an accident occur (7) Bus transit systems shall not permit or require any driver to drive a bus when his or her ability is impaired, or likely to be impaired, by fatigue illness, or other causes likely to create an unsafe condition (8) Bus transit systems shall require pre -operational or daily inspection and reporting of all defer and deficiencies likely to affect safe operation or cause mechanical malfunctions (a) An inspection or test shall be made of the following parts and devices to ascertain that they are safe condition and in good working order 1 Service brakes 2 Parking brakes 3 Tires and wheels 4 Steering 5 Horn 6 Lighting devices 7 Windshield wipers 8 Rear vision mirrors 9 Passenger doors 10 Exhaust system 11 Equipment for transporting wheelchairs 12 Safety, security, and emergency equipment (b) Bus transit systems shall review daily inspection reports and document corrective actions taken a result of any deficiencies identified by daily inspections s in as (c) Bus transit systems shall retain records of daily bus inspections and any corrective action documentation a minimum of two weeks (9) A bus with any passenger door in the open position shall not be operated with passengers aboard The doors shall not be opened until the bus is stopped A bus with any inoperable passenger door shall not be operated with passengers aboard, except to move a bus to a safe location (10) During darkness, interior lighting and lighting in stepwells on buses shall be sufficient for passengers to enter and exit safely (11) Passengers shall not be permitted in the stepwells of any bus while the bus is in motion, or to occupy an area forward of the standee line (12) Passengers shall not be permitted to stand on buses not designed and constructed for that 52 purpose (13) Buses shall not be refueled in a closed building The fueling of buses when passengers are bei g carried shall be reduced to the minimum number of times necessary during such transportation (14) Bus transit systems shall require the driver to be properly secured to the driver's seat with a restraining belt at all times while the bus is in motion (15) Buses shall not be left unattended with passengers aboard for longer than 15 minutes The parking or holding brake device shall be properly set at any time the bus is left unattended (16) Buses shall not be left unattended in an unsafe condition with passengers aboard at any time Rulemaking Authority 334 044(2), 341 041(3), 341 061(2)(a) FS Law lmplemented 341 061(2) FS History/— New 9-7-87, Amended 5-31-89, 11-10-92, 8-7-05, 6-24-08, 9-16-10 14-90 007 Vehicle Equipment Standards and Procurement Criteria (1) Every bus transit system shall ensure that buses procured and operated meet the following minimum standards (a) The capability and strength to carry the maximum allowed load and not exceed the manufacture's gross vehicle weight rating (GVWR), gross axle weighting, or tire rating (b) Structural integrity that mitigates or minimizes the adverse effects of collisions (c) Federal Motor Vehicle Safety Standards (FMVSS), 49 C F R Part 571, Sections 102, 103, 104, 105, 108 207 209, 210, 217 302, 403 and 404, Rev 10/09 hereby incorporated by reference (2) Proof of strength and structural integrity tests on new buses procured shall be submitted manufacturers or bus transit systems to the Department by (3) In addition to the above, every bus operated in this state shall be equipped as follows (a) Mirrors There shall be two exterior rear vision mirrors, one at each side The mirrors shall be firrr?ly attached to the outside of the bus and located as to reflect to the driver a view of the highway to the r ar along both sides of the vehicle Each exterior rear vision mirror, on Type I buses, shall have a minimtjm reflective surface of 50 square inches Neither the mirror nor the mounting shall protrude farther than the widest part of the vehicle body except to the extent necessary to produce a field of view meeting or exceeding the requirements of this section All Type I buses shall, in addition to the above requirements, be equipped with an inside rear vision mirror capable of giving the driver a clear view of seated and standing passengers Buses having a passenger exit door that is located inconveniently for the drivers visual control shall be equipped with additional interior mirrors to enable the driver to view the passen er exit door In lieu of interior mirrors, trailer buses and articulated buses may be equipped with closed circuit video systems or adult monitors in voice control with the driver (b) Wiring and Batteries Electrical wiring shall be maintained so as not to come in contact with move lg parts, heated surfaces, or be subject to chafing or abrasion which may cause insulation to become worn Every Type I bus manufactured on or after February 7, 1988, shall be equipped with a storage battery electrical power main disconnect switch The disconnect switch shall be practicably located in an 53 accessible location adjacent to or near to the battery and be legibly and permanently marked for identification Every storage battery on a public -sector bus shall be mounted with proper retainment devices in a compartment which provides adequate ventilation and drainage (c) Brake Interlock Systems All Type I buses having a rear exit door shall be equipped with a rear exit door/brake interlock that automatically applies the brake upon driver activation of the rear exit door to the open position Brake interlock application shall remain activated until deactivated by the driver and the rear exit door returns to the closed position The rear exit door brake interlock on such buses shall be equipped with an identified override switch enabling emergency release of the brake interlock function The override switch shall not be located within reach of the seated driver Air pressure application to the brake during brake interlock operation, on buses equipped with rear exit door/brake interlock, shall be regulated at the equipment's original manufacturer's specifications (4) Standee Line and Warning Every bus designed and constructed to allow standees shall be plairly marked with a line of contrasting color at least two inches wide, or be equipped with some other means to indicate that all passengers are prohibited from occupying a space forward of a perpendicular plane drawn through the rear of the driver's seat and perpendicular to the longitudinal axis of the bus A sign shall be posted at or near the front of the bus stating that it is a violation for a bus to be operated with passengers occupying an area forward of the line (5) Handrails and Stanchions Every bus designed and constructed to allow standees shall be equipped with overhead handrails for standee passengers Overhead handrails shall be continuous, except for a gap at the rear exit door, and terminate into vertical stanchions or turn up into a ceiling fastener Every Type 1 and Type II bus designed for carrying more than 16 passengers shall be equipped with handrai s, stanchions, or bars at least 10 inches long and installed to permit safe on -board circulation, seating and standing assistance, and boarding and alighting by elderly and handicapped persons Type I buses shall be equipped with a safety bar and panel directly behind each entry and exit stepwell (6) Flooring Steps, and Thresholds Flooring steps, and thresholds on all buses shall have slip resistant surfaces without protruding or sharp edges, lips, or overhangs, in order to prevent tripping hazards All step edges and thresholds shall have a band of color(s) running the full width of the step or edge which contrasts with the step tread and riser, either light -on -dark or dark on -light (7) Doors Power activated doors on all buses shall be equipped with a manual device designed :o release door closing pressure (8) Emergency Exits All buses shall have an emergency exit door, or in lieu thereof, shall be provided with emergency escape push -out windows Each emergency escape window shall be in the form of a parallelogram with dimensions of not less than 18" by 24", and each shall contain an area of not less than 432 square inches There shall be a sufficient number of push -out or kick -out windows in each vehicle to provide a total escape area equivalent to 67 square inches per seat, including the driver's seat No less than 40% of the total escape area shall be on one side of the vehicle Emergency escape kick -out or push - out windows and emergency exit doors shall be conspicuously marked with a sign or light and shall alwaks be kept in good working order so that they may be readily opened in an emergency All such windows a `d doors shall not be obstructed, either inside or outside, so as to hinder escape Buses equipped with an auxiliary door for emergency exit shall be equipped with an audible alarm and light indicating to the driver when a door is ajar or opened while the engine is running Supplemental security locks operable by a key are prohibited on emergency exit doors unless these security locks are equipped and connected with an 54 Ignition interlock system or an audio visual alarm located in the driver's compartment Any supplemental security lock system used on emergency exits shall be kept unlocked whenever a bus is in operation (9) Tires and Wheels Tires shall be properly inflated in accordance with manufacturer's recommendations (a) No bus shall be operated with a tread groove pattern depth 1 Less than 4/32 (1/8) of an inch measured at any point on a major tread groove for tires on the steering axle of all buses The measurements shall not be made where tie bars, humps, or fillets are located 2 Less than 2/32 (1/16) of an inch, measured at any point on a major tread groove for all other tirs of all buses The measurements shall not be made where tie bars, humps, or fillets are located (b) No bus shall be operated with recapped, regrooved, or retreaded tires on the steering axle (c) Wheels shall be visibly free from cracks and distortions and shall not have missing, cracked, broken mounting lugs or (10) Suspension The suspension system of all buses, including springs, air bags, and all other suspension parts shall be free from cracks, leaks, or any other defect which may cause its impairment or failure to function properly (11) Steering and Front Axle The steering system of all buses shall have no indication of leaks whish would or may cause its impairment to function properly, and shall be free from cracks and excessive wear of components that may cause excessive free play or loose motion in the steering system or above normal effort in steering control (12) Seat Belts Every bus shall be equipped with an adjustable driver's restraining belt in compliance with the requirements of FMVSS 209, "Seat Belt Assemblies" 49 C F R 571209, Rev 10/09, and FMVSS 210, "Seat Belt Assembly Anchorages" 49 C F R 571210, Rev 10/09, hereby incorporated by reference (13) Safety Equipment Every bus shall be equipped with one fully charged dry chemical or carbon dioxide fire extinguisher, having at least a 1A BC rating, and bearing the label of Underwriter's Laboratory, Inc The fire extinguishers shall be maintained as follows (a) Each fire extinguisher shall be securely mounted on the bus in a conspicuous place or in a clea ly marked compartment and be readily accessible (b) Each fire extinguisher shall be maintained in efficient operating condition and be equipped with some means of determining if it is fully charged (c) Every Type I bus shall be equipped with portable red reflector warning devices in compliance with Section 316 300, F S (14) Persons with Disabilities Buses used for the purpose of transporting Individuals with disabillti'es shall meet the requirements set forth in 49 C F R Part 38, Rev 10/09 hereby incorporated by reference, as well as the following 55 (a) Installation of a wheelchair lift or ramp shall not cause the manufacturer's GVWR, gross axle weight rating, or tire rating to be exceeded (b) Except in locations within 3 1/2 inches of the bus floor, all readily accessible exposed edges or other hazardous protrusions of parts of wheelchair lift assemblies or ramps that are located in the passenger compartment shall be padded with energy absorbing material to mitigate injury in normal use and in case of a collision This requirement shall also apply to parts of the bus associated with the operation of the lift or ramp (c) The controls for operating the lift shall be at a location where the bus driver or lift attendant has a full view, unobstructed by passengers, of the lift platform, its entrance and exit, and the wheelchlair passenger, either directly or with partial assistance of mirrors Lifts located entirely to the rear of he driver's seat shall not be operable from the driver's seat, but shall have an override control at the driver's position that can be activated to prevent the lift from being operated by the other controls (except or emergency manual operation upon power failure) (d) The installation of the wheelchair lift or ramp and its controls and the method of attachmen in the bus body or chassis shall not diminish the structural integrity of the bus nor cause a hazard us imbalance of the bus No part of the assembly, when installed and stowed, shall extend laterally bey nd the normal side contour of the bus, nor vertically beyond the lowest part of the rim of the wheel closst to the lift (e) Each wheelchair lift or ramp assembly shall be legibly and permanently marked by manufacturer or installer with the following information 1 The manufacturer's name and address 2 The month and year of manufacture 3 A certificate that the wheelchair lift or ramp securement devices, and their installation, conform to State of Florida requirements applicable to accessible buses (15) Wheelchairs Wheelchair lifts, ramps, securement devices, and restraints shall be inspected and maintained as required by this rule chapter Instructions for normal and emergency operation of the hft or ramp shall be carried or displayed in every bus Rulemaking Authority 334 044(2), 341 041(3), 341 061(2)(a) FS Law Implemented 341 061(2)(a) FS History—New 9-7-87, Amended 11-10-92, 8-2-94, 8-7-05, 6-24-08, 9-16-10 14-90 008 Standards for Accessible Buses Rulemaking Authority 334 044(2), 341 061(2)(a) FS Law Implemented 341 041(3), 341 061(2) FS Hrstory— New 9-7-87, Amended 11-10-92, Repealed 8-7-05 14-90 009 Bus Safety Inspections (1) Each bus transit system shall require that all buses operated by such bus transit system, and all buses operated by a private contract transit provider, be inspected at least annually in accordance with bus inspection procedures set forth in this rule 56 (2) It shall be the bus transit system's responsibility to ensure that each individual performing a bus safety Inspection is qualified as follows (a) Understands the requirements set forth in this rule chapter and can identify defective components (b) Is knowledgeable of and has mastered the methods procedures tools and equipment used when performing an inspection (c) Has at least one year of training and/or experience as ,a mechanic or inspector In a vehicle maintenance program, and has sufficient general knowledge of buses owned and operated by the bus transit system to recognize deficiencies or mechanical defects (3) Each bus receiving a safety inspection shall be checked for compliance with the requirements for safety devices and equipment, as referenced or specified herein Specific operable equipment and devices as required by this rule chapter, include the following as applicable to Type I and II buses (a) Horn (b) Windshield wipers (c) Mirrors (d) Wiring and batteries (e) Service and parking brakes (f) Warning devices (g) Directional signals (h) Hazard warning signals (i) Lighting systems and signaling devices (!) Handrails and stanchions (k) Standee line and warning (I) Doors and brake interlock devices (m) Stepwells and flooring (n) Emergency exits (o) Tires and wheels (p) Suspension system (q) Steering system (r) Exhaust system (s) Seat belts (t) Safety equipment (u) Equipment for transporting wheelchairs (v) Working speedometer (4) A safety inspection report shall be prepared by the individual(s) performing the inspection a shall include the following d (a) Identification of the individual(s) performing the inspection (b) Identification of the bus transit system operating the bus (c) The date of the inspection (d) Identification of the bus inspected (e) Identification of the equipment and devices inspected including the identification of equipment and devices found deficient or defective (f) Identification of corrective action(s) for any deficient or defective items found and date(s) of completion of corrective action(s) (5) Records of annual safety inspections and documentation of any required corrective actions sh be retained a minimum of four years by the bus transit system for compliance review II Rulemaking Authority 334 044(2), 341 041(3), 341 061(2)(a) FS Law Implemented 341 061(2) FS History— New 9-7-87, Amended 11-10-92, 8-7-05, 9-16-10 14-90 010 Certification (1) Each bus transit system shall annually submit a safety and security certification to the Department The certification shall be submitted no later than February 15, for the prior calendar year period The certification shall attest to the following (a) The adoption of an SSPP and an SPP in accordance with established standards set forth in this rule chapter (b) Compliance with its adopted SSPP and SPP (c) Performance of safety inspections on all buses operated by the system in accordance with this rule chapter (d) Reviews of the SSPP and SPP have been conducted to ensure they are up to date (2) The certification shall include (a) The name and address of the bus transit system, and the name and address of the entity(ies) who performed bus safety inspections and security assessments during the prior calendar year, if different from that of the bus transit system (b) A statement signed by an officer or person directly responsible for management of the bus transit 58 i i system attesting to compliance with this rule chapter Rulemaking Authority 334 044(2), 341 041(3), 341 061(2) FS Law Implemented 334 044(28), 341 061(1), 341 061(2) FS History—New 9-7-87, Amended 8-7-05, 9-16-10 14-90 011 Inspection of Buses by Law Enforcement Officers Rulemaking Authority 334 044(2), 341 061(2)(a) FS Law Implemented 341 041(3), 341 061(2), 316 610 FS History—New 9-7-87, Repealed 8-7-05 14-90 012 Safety and Security Inspections and Reviews (1) The Department, or its contractor, shall conduct inspections of bus transit systems to ascertain compliance with the provisions of this rule chapter (2) The Department, or its contractor, shall conduct safety and security reviews of any bus transit system the Department believes to be in noncompliance with its SSPP or SPP, or providing passenger service operations in an unsafe manner, or if there is evidence of an immediate danger to public safeliy The Department shall prepare and submit a report of the review to the affected bus transit system The report shall be submitted to the bus transit system within three business days of completion of the revielw and shall contain the following (a) Identification of the findings, including a detailed description of any deficiency (b) Required corrective action and a schedule for implementation of the corrective action to be taken for each deficiency (c) Any required suspension of bus transit system service, should the Department determine the continued operation of the service, or a portion thereof, poses an immediate danger to public safety (3) The Department shall initiate the following actions to suspend the affected bus transit system service if any deficiency or unsafe condition exists, to the extent that the continued operation of the system, or a portion thereof, poses an immediate danger or threat to public safety (a) immediately notify the affected bus transit system of the unsafe condition, followed by a certified letter describing the deficiency or unsafe condition The notification shall include the following 1 The required corrective action for the deficiency or unsafe condition 2 The requirement for the bus transit system to certify, in writing to the Department, the complete n of the required corrective action in accordance with an established implementation schedule (b) Conduct an on-site review of the bus transit system to verify the correction of the deficiency n accordance with this rule and the established implementation schedule (c) Suspend affected passenger service operations if the bus transit system fails to correct the deficiency in accordance with this rule and the established implementation schedule Rulemaking Authority 334 044(2), 341 041(3), 341 061(2)(a) FS Law Implemented 334 044(28), 341 041(3), 341 061(1)(d), 341 061(2)(c) FS History—New 11-10-92, Amended 8-7-05, 9-16-10 Exhibit 5 Vehicle Specifications 60 Fuel Typ Gaselimettiesei/CNG /Electric Alternator (Generator) Model if ,hamperage output Maximum Rated Output (Volts/Amps) Must be stied to match intended cleantal load of equipraenr and petip4tm-b .112/24 VAC' Air Compressor Model 5ubjett to approval if required Transmisaban Type Automatic Transrnlsstom Manufacturer OEM r4auober of Ades 2 Front Ade Type Independent. Rent Jude Manufacturer OEM Front Suspenssan Type Air Spring and/or leaf and shackle % ith shacks Frear Axle Type Ream Axle Rear Axle Manufacturer OEM Rear Susper mei Type Ala Spring and/or leaf and shackle with shocks RIME Tire Site OEM—Sullied to apprbaal Rear Tire Siwe OEM—Sublet-1 to approval Rent Axle ®rakes Type Doc Hydraulic Rear Axle BMA= Hype Doc Hydraulic Heating System Type Water-5uaiect to : pprtval Air Condltraidos Front and Rear Fr1ent Air Conditioning Type Subject ta. approval Rear An- Couditrenlog Type Subjeet tar uiiprdvel Steering Type Power—PAydrauliv Gear and for electric Number of Entrance Dors l3 1 Wheel Chow Ramps / Lift 1 62 Exhibit "B" A map of the Clearwater Beach Route Page 6 of 6 ®tk7t, O Mapba. 0 OpenStreetMap • Exhibit B Map of Clearwater Beach Route I Bays 0r ak• aye Ad SS ^• Route Jolley Trolley Coastal Route Jolley Trolley North Beach Route Jolley Trolley South Beach • 0 zZ Coe Re The Belevlew Inn Beneatr Country Ctu Palmetto St Jackson Ro Cie The Yacntsman "� • hestnut St O Pubu Druid Rd Lotus Path Morton Plant Hospital Corbett SI S � 200f'ft Our Place JON, Put. a \` --• Route Jolley Trolley Coastal Route Jolley Trolley North Beach Route Jolley Trolley South Beach Coenvaro Clealwaler Beach P Paws Barer: of Bay hotel Clearwater B