Okaloosa County BOCC — September 20, 2016 — C15-2323-GM Amendment Two — reading text

AMENDMENT TWO TO CONTRACT C15-2323-GM BETWEEN MARUTI AND OKALOOSA COUNTY This AMENDMENT made and entered into this day of , 2016, amends Contract C15-2323-GM, dated August 18, 2015 by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”) and Maruti Fleet and Management, LLC (the “Contractor”). RECITALS WHEREAS, on March 20, 2015, Okaloosa County issued RFP GM 18-15 seeking proposals from qualified vendors to provide public transportation services; and WHEREAS, on August 18, 2015 the County and Contractor entered into a Contract (C15-2323-GM) which authorized the Contractor to provide fixed-route and paratransit public transportation services; and WHEREAS, on November 17, 2015, Contract C15-2323-GM was amended to include language required by the Florida Commission for the Transportation Disadvantaged pertaining to payment of subcontractors; and WHEREAS, due to an oversight in fuel billing, Contractor owes the County $223,782.34 for fuel spent for the provision of transportation services; and WHEREAS, in order to more efficiently operate the system, Contractor and County agreed to Contractor’s hiring a position to provide daily cleaning of vehicles, which expense was not included in the original contract, and Contractor has incurred further unforeseen expense in the provision of vehicle insurance and tolls that were not addressed in the original contract; and WHEREAS, County and Contractor agree that it is necessary and mutually desirable to amend Contract C15-2323-GM to reconcile costs and payments. NOW THEREFORE, in consideration the mutual covenants set forth herein and other good and valuable consideration, the County and Contractor hereby amend Contract C15-2323- GM as follows: 1. The above Recitals are incorporated as essential terms of this Amendment. 2. The Contract budget is amended effective October 1, 2015 to include an additional amount of $20,270.84 to provide for routine, daily vehicle maintenance such as washing, vacuuming, and other non-mechanical maintenance not provided by the County Fleet Management Department; through September 30, 2016. 3. The Contract is amended effective October 1, 2015 to include the reimbursement for vehicle insurance in the amount of $42,032.73. 4. Article 4 C.1 is stricken in its entirety and replaced to read as follows: Fixed-Route service will be billed by the contractor at a rate of $36.51 hour for Actual Revenue Hours. For the purposes of this contract, Actual Revenue hours will be defined as follows and as provided in the National Transit Database. In effect at the time of this Amendment. Actual Vehicle Hours The hours that vehicles travel while in revenue service plus deadhead hours. Actual vehicle hours include: * Revenue service * Deadhead » Layover/recovery time Deadhead (Miles and Hours) The miles and hours that a vehicle travels when out of revenue service. Deadhead includes: * Leaving or returning to the garage or yard facility * Changing routes * When there is no expectation of carrying revenue passengers. However, deadhead does not include: » Charter service » School bus service * Operator training * Maintenance training Layover / Recovery Time The hours scheduled at the end of the route before the departure time of the next trip. This time is scheduled for two reasons: * To provide time for the vehicle operator to take a break (layover) * To provide time to get back on schedule before the next trip departs if the trip arrives late at the end of the route (recovery). Paratransit services will be billed by the contractor at the rate of $31.56 per hour for the Vehicle Revenue Hours. For purposes of this contract Vehicle Revenue 2 Hours will be defined as " First Pick-Up to last Drop Off", First Pick-Up to last Drop Off is considered when the vehicle arrives at their first pick up to when the vehicle concludes their last drop off does not include deadhead or layover/recovery time. 5. The Contract is amended to include the reimbursement for Gate-to-Gate in the amount of $39,649.00 beginning October 1. 2015 through September 30, 2016. 6. The Contract budget is amended effective October 1, 2015 to include the reimbursement for toll road charges in the amount of $3,844.32 beginning October 1, 2015 through September 30. 2016. 7. The total Contract budget for FY 16 is hereby adjusted to a total amount of $2,711,875.89 8. C16-2323-GM is hereby amended to include the following additional provision: Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: a. b. Keep and maintain public records required by the County to perform the service. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119 Florida Statutes or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records 3 that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. Okaloosa County shall immediately credit to the Contractor the amount of $105,796.89 which represents the adjustments contained in Paragraphs 2, 3, 5 and 6 of this Amendment. That amount shall not be paid to the Contractor but shall be used to offset the amounts owed to the County by the Contractor for fuel charges. With the adjustment of the remaining amount owed by this amount by the Contractor for fuel charges is reduced to $117,985.45. 10. Beginning with the September, 2016 payment and ending with the payment of February 2017, the Clerk shall withhold from any reimbursement due to Contractor the amount of $19,664.24 per month to complete payment of the amount owed for fuel charges. 11. Contractor shall pay for fuel consumed in performance of service in August 2016 and September 2016 upon presentation of a fuel invoice from County. [2. Beginning October 1, 2016, the County shall directly recover from grants the cost of fuel, water, sewer, gas, telephone service, and electrical service used by Contractor in the provision of transportation services. To ensure prompt recovery of these costs, Contractor shall, within two (2) working days of receipt, forward to the County all bills and invoices from the fuel, water, sewer, gas, telephone, and electrical services providers. 13. The FY 17 (October 1, 2016 through September 30, 2017) budget for public transportation services as provided to Contract C15-2323-GM is hereby established at $2,817,031.57. 14. The billable rates for FY 17 are hereby set at $33.54 for fixed route and $33.54 for paratransit. All provisions not revised by this first amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed: Maruti Fleet and Ma Clhavle DéM(a)Le_- \/P O@W Print name and title ?a«'(a["‘ (%, Zo(le Date A} Print Witness Name e S003 . N Witnesses: Pfin{ ’1tness Date: g@+ IZ‘ LO '(p ATTEST: Board of County Commissioners of Okaloosa County, Florida J. D. Peacock, I1 Charles K. Windes, Jr. Clerk of the Court Chairman