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Home My WebLink About2006 03 13 Regular Item 300 MV Transportation Agreement COMMISSION AGENDA ITEM 300 Regular X March 13, 2006 Regular Meeting Mgr / Dept. Authorization REQUEST: Parks and Recreation Department requests the City Commission consider, approve, and authorize the City Manager to execute the second addendum to the MV Transportation Agreement for Senior Center Transportation. PURPOSE: The purpose of this item is to obtain Commission approval to execute the Transportation Disadvantage Services second addendum to extent the additional contract through FY06, add a fuel adjustment clause and provide for five additional one year renewals of agreement. CONSIDERATIONS: . This item was pulled from the agenda of the February 13,2006 Meeting for more information. . Parks and Recreation has tried to locate a company to provide this specialized service to no avail. We cannot locate any other vendors to provide this service. Only MV bid this service in 2003. . Parks and Recreation has obtained the information needed from M.V. Transportation to estimate the fuel adjustment clause effect. At current fuel prices it is an additional $50.00 per month. Should the price of fuel go down below the 2.00 per gallon, Winter Springs will receive a credit for the amount. . There are adequate funds in the FY05/06 budget to fund the fuel adjustment because staff budgeted for increased costs. . The City Commission approved the initial agreement on March 24, 2003. The City Commission approved the first addendum on September 22,2003. It was extended on February 10,2005, until September 30, 2005. Parks and Recreation and the City Attorney's Office have been working with MV to come up with a reasonable addendum. . The senior transportation program brought 1,678 Winter Springs Seniors to and from the Senior Center last year. . Parks and Recreation staff are pleased with the senior transportation service provided by MV Transportation. . The second addendum provides an avenue to renew for several one year periods. Also the city is able to cancel the contract at anytime. (If another provider is located to provide a better service and price or the city elects to purchase its own vehicle and provide a driver). FUNDING: The fuel adjustment clause is estimated to increase cost about $50.00 a month. Account # 7250-53186 (outside service - temp service bus), $ 35,000. No additional funding for the fuel adjustment clause is requested in the current year. RECOMMENDATIONS: Approval of the second addendum to the MV Transportation Agreement for Senior Center Transportation does the following. a) Implements the current rates and new fuel adjustment clause through September 30, 2006. b) Provide for five annual extensions provided rates do not change and the city is happy with the service. ATTACHMENTS: 1. Transportation Disadvantaged Services Agreement Second Addendum. COMMISSION ACTION: ATTACHMENT #1 TRANSPORTATION DISADVANTAGED SERVICES AGREEMENT SECOND ADDENDUM THIS SECOND ADDENDUM, made and entered into the last date indicated below, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida (hereinafter the "City"), and MV TRANSPORTATION, INC., a California corporation registered and doing business in the State of Florida, whose principal address is 360 Campus Lane, Suite 201, Fairfield, California (hereinafter the "Contractor"). RECITALS: WHEREAS, on March 2S, 2003, the Contractor and the City entered into a Transportation Disadvantaged Services Agreement (hereinafter "Agreement"), to provide transportation services for the City's senior citizens within its municipal boundaries pursuant to Chapter 427, Florida Statutes; and WHEREAS, on February 10,2004, the Contractor and the City entered in a Transportation Disadvantaged Services Agreement Addendum (hereinafter" Addendum") to renew the Agreement and provide for compensation due to Contractor; and WHEREAS, the initial term of the Agreement expired on September 30, 2003; and a one (I) year renewal was granted and expired on September 30, 2004; and WHEREAS, the Contractor has given notice that it desires to add a fuel adjustment clause to the Agreement; and WHEREAS, the Contractor has given notice that it desires to renew the Agreement for one (1) additional one (1) year tenn under the terms and conditions provided herein; and WHEREAS, the Contractor and the City desires to provide for additional renewals of the Agreement under the terms and conditions provided herein; and WHEREAS, the City agreed to the fuel adjustment clause, renewal of the Agreement for one (1) additional one (1) year tenn and the provisions for additional renewals under the tenns and conditions as described in this Transportation Disadvantaged Services Agreement Second Addendum (hereinafter "Second Addendum"); and WHEREAS, the Contractor and the City agree that this Second Addendum to the Transportation Disadvantaged Services Agreement dated, March 25, 2003, is in the best interests of the public health, safety, and welfare of the citizens ofthe City of Winter Springs, Florida. Transportation Disadvantaged Services Agreement Second Addendum 1 NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this addendum. 2.0 Fuel Adlustment. Fluctuating fuel costs will be adjusted on a monthly basis according to the following matrix. The data in the matrix is based on the weekly Department of Energy ("DOE") Fuel Index for Retail Gasoline or On-Highway Diesel, depending on the fuel used by Contractor, on the East Coast using the last Monday of the billing month,avai/ab/e at: hUrd/tanto. eia.doe.1ov/OQWi'1fo/wohcfp/diese/.a$p (for On-H i ghw ay D i ese I) http://www.eia.doe.gov/oil....gas/petroleumldatayub/ications/wrgp/mogas_home...page.htm/ (for Retail Gasoline). If the DOE fuel index falls below the "No Adjustment" range, the Contractor will reimburse the City in accordance with the matrix. Ifthe DOE fuel index rises above the "No Adjustment" range, the City will compensate the Contractor in accordance with the matrix. The rate adjustments should be based on the total miles driven for the month. For example, if the actual cost of fuel for a particular month is 255 cents ($2.55), there will be a 6 cent ($.06) per mile fuel adjustment charge. The fuel surcharge must be on each individual invoice and must be listed as a separate charge. Upon request by the City, Contractor must provide all supporting documents relevant to any fuel adjustment prior to the City paying the adjustment. DOE Fuel Index Cost per Gallon in Cents 130.0 & below 130.1 - ]40.0 140.1 - 150.0 150.1 - 160.0 160.1-170.0 170.1 - 180.0 180.1 -190.0 190.1 - 200.0 200.1 - 210.0 210.1 - 220.0 220.1 - 230.0 230.1 - 240.0 240.1 - 250.0 250.1 - 260.0 260.1 - 270.0 270.1 - 280.0 280.1 - 290.0 290.] - 300.0 Rate Adiustment in Cents Per Mile -.07 -.06 -.05 -.04 -.03 -.02t-.01 No adjustment +.01 +.02 +.03 +.04 +.05 +.06 +.07 +.08 +.09 +.10 Transportation Disadvantaged Services Agreement Second Addendum 2 300.1- 310.0 310.1 - 320.0 320.1 - 330.0 330.1 - 340.0 340.1 - 350.0 +.11 +.12 +.13 +.14 +.15 This Fuel Surcharge will become effective the first full month after the effective date of this Second Addendum. The same increments will apply if the DOE fuel index goes below or exceeds the levels in the matrix. 3.0 Term. The tenn of this Renewal shall commence on October 1, 2005 and end at 12:01 midnight on September 30, 2006 4.0. Renewal. Contractor may, upon approval ofthe City elect to renew this Agreement for five (5) additional one (1) year terms or as otherwise modified and agreed upon in writing by Ci ty and Contractor. by providing written notice to City not later than sixty (60) days prior to the expiration of the Agreement. The City Manager may approve a renewal of the Agreement provided the Contractor has remained in full compliance with its terms and has not committed any default or breach of any tenns, obligation or other responsibility under the Agreement. Any renewal terms is contingent upon the City allocating sufficient funding in its annual budget for the continuation of services provided hereunder. Nothing contained herein shaJl be construed to obligate the City to renew the Agreement in the event the City does not appropriate sufficient funds in its annual budget for the continuation of transportation services under the Agreement. 5.0 All Other Terms and Conditions. All other tenns and conditions of the Transportation Disadvantaged Services Agreement and the Transportation Disadvantaged Services Agreement Addendum between the parties shall remain in full effect and shall be enforceable as provided therein. 6.0 Effective Date. The effective date of this Addendum shall be the last date signed below. [THIS SPACE INTENTIONALLY LEFT BLANKl [SIGNATURE ON NEXT PAGE] Transportation Disadvantaged Services Agreement Second Addendum IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties cause this Addendum to be executed and attested to by their respective authorized officials. CITY OF WINTER SPRINGS, FLORIDA By: Ronald W. McLemore, City Manager Date: MY TRANSPORTATION, INC. By: Signature Print Its: Date: Transportation Disadvantaged Services Agreement Second Addendum 4 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attornrys at Law Oebra S. Babb-Nutcher" Usher L. Brown ' Suzanne O'AgrestaO Anthony A. GarganeseO J.W. Taylor Jeffrey S. Weiss Offices in Orlando, Kissimmec:p.e & Cocoa n: CEIVE~, MAR 0 9 2006 Joseph E. Blitch Scott J. Oomstein Andrew M. Fisher Katherine W. Latorre Paul H. McLester Amy J. Pitsch CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK Erin J. O'Leary Of Counsel 'Board Certified Civil Trial Lawyer oBoard Certified City, County & Local Government Law March 8, 2006 VIA FEDEX Chuck Pula, Parks & Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Transportation Disadvantaged Services Agreement Second Addendum City of Winter Springs/MV Transportation, Inc. Our File No.: 1193 Dear Chuck: Enclosed please find the original executed Second Addendum to the Transportation Disadvantaged Services Agreement. Please feel free to contact me if you have any further questions regarding this matter. Andrew M. Fisher AMF/eah Enclosure G:IDocslCity of Winter SpringslCorrespondencelPula. ChucklMV_ Transportation_ExecutedAgreement_Ltr030806.wpd 225 East Robinson Street, Suite 660 . P.O. Box 2873, Orlando, Florida 32802-2873 Orland') (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net TRANSPORTATION DISADV ANT AGED SERVICES AGREEMENT SECOND ADDENDUM THIS SECOND ADDENDUM, made and entered into the last date indicated below, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida (hereinafter the "City"), and MV TRANSPORTATION, INC., a California corporation registered and doing business in the State of Florida, whose principal address is 360 Campus Lane, Suite 201, Fairfield, Cali fomia (hereinafter the "Contractor"). RECITALS: WHEREAS, on March 25, 2003, the Contractor and the City entered into a Transportation Disadvantaged Services Agreement (hereinafter "Agreement"), to provide transportation services for the City's senior citizens within its municipal boundaries pursuant to Chapter 427, Florida Statutes; and WHEREAS, on February 10, 2004, the Contractor and the City entered in a Transportation Disadvantaged Services Agreement Addendum (hereinafter "Addendum") to renew the Agreement and provide for compensation due to Contractor; and WHEREAS, the initial term of the Agreement expired on September 30,2003; and a one (l) year renewal was granted and expired on September 30, 2004; and WHEREAS, the Contractor has given notice that it desires to add a fuel adjustment clause to the Agreement; and WHEREAS, the Contractor has given notice that it desires to renew the Agreement for one (1) additional one (1) year term under the terms and conditions provided herein; and WHEREAS, the Contractor and the City desires to provide for additional renewals of the Agreement under the terms and conditions provided herein; and WHEREAS, the City agreed to the fuel adjustment clause, renewal ofthe Agreement for one (1) additional one (1) year term and the provisions for additional renewals under the terms and conditions as described in this Transportation Disadvantaged Services Agreement Second Addendum (hereinafter "Second Addendum"); and WHEREAS, the Contractor and the City agree that this Second Addendum to the Transportation Disadvantaged Services Agreement dated, March 25,2003, is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs, Florida. Transportation Disadvanlaged Services Agreement Second Addendum I NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this addendum. 2.0 Fuel Adjustment. Fluctuating fuel costs will be adjusted on a monthly basis according to the following matrix. The data in the matrix is based on the weekly Department of Energy ("DOE") Fuel Index for Retail Gasoline or On-Highway Diesel, depending on the fuel used by Contractor, on the East Coast using the last Monday of the billing month, available at: httv://tonto.eia.doe.~ov/oofJ/inro/wohdp/diesel.aSD (for On-Highway Diesel) http://www.eia. doe.gov/oil..Kaslpetroleum/data yublications/wrgplmogas _home yage. html (for Retail Gasoline). If the DOE fuel index falls below the "No Adjustment" range, the Contractor will reimburse the City in accordance with the matrix. Ifthe DOE fuel index rises above the "No Adjustment" range, the City will compensate the Contractor in accordance with the matrix. The rate adjustments should be based on the total miles driven for the month. For example, if the actual cost of fuel for a particular month is 255 cents ($2.55), there will be a 6 cent ($.06) per mile fuel adjustment charge. The fuel surcharge must be on each individual invoice and must be listed as a separate charge. Upon request by the City, Contractor must provide all supporting documents relevant to any fuel adjustment prior to the City paying the adjustment. DOE Fuel Index Cost ver Gallon in Cents 130.0 & below 130.1 - 140.0 140.1 - 150.0 150.1 - 160.0 160.1 - 170.0 170.1 - 180.0 180.1 -190.0 190.1 - 200.0 200.1-210.0 210.1-220.0 220.1 - 230.0 230.1 - 240.0 240.1 - 250.0 250.1 - 260.0 260.1 - 270.0 270.1 - 280.0 280.1 - 290.0 290.1 - 300.0 Rate Adiustment in Cents Per Mile -.07 -.06 -.05 -.04 -.03 -.02 -.01 No adjustment +.01 +.02 +.03 +.04 +.05 +.06 +.07 +.08 +.09 +.10 Transportation Disadvantaged Services Agreement Second Addendum 2 300.1- 310.0 310.1 - 320.0 320.1 - 330.0 330.1 - 340.0 340.1 - 350.0 +.11 +.12 +.13 +.14 +.15 This Fuel Surcharge will become effective the first full month after the effective date of this Second Addendum. The same increments will apply if the DOE fuel index goes below or exceeds the levels in the matrix. 3.0 Term. The term of this Renewal shall commence on October I, 2005 and end at 12:01 midnight on September 30, 2006 4.0. Renewal. Contractor may, upon approval ofthe City elect to renew this Agreement for five (5) additional one (1) year terms or as otherwise modified and agreed upon in writing by City and Contractor, by providing written notice to City not later than sixty (60) days prior to the expiration of the Agreement. The City Manager may approve a renewal of the Agreement provided the Contractor has remained in full compliance with its terms and has not committed any default or breach of any terms, obligation or other responsibility under the Agreement. Any renewal terms is contingent upon the City allocating sufficient funding in its annual budget for the continuation of services provided hereunder. Nothing contained herein shall be construed to obligate the City to renew the Agreement in the event the City does not appropriate sufficient funds in its annual budget for the continuation of transportation services under the Agreement. 5.0 All Other Terms and Conditions. AU other terms and conditions of the Transportation Disadvantaged Services Agreement and the Transportation Disadvantaged Services Agreement Addendum between the parties shall remain in full effect and shall be enforceable as provided therein. 6.0 Effective Date. The effective date of this Addendum shall be the last date signed below. (THIS SPACE INTENTIONALLY LEFf BLANK! (SIGNATURE ON NEXT PAGE] Transportation Disadvantaged Services Agreement Second Addendum 3 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties cause this Addendum to be executed and attested to by their respective authorized officials. CITY OF WINTER SPRINGS, FLORIDA By: Ronald W. McLemore, City Manager Date: MV TRANSPORTATION, INC. By Print Its: Date: a:ll.awyer\AMF\Winter SpringslContracl ReviewlMV_ Transp_2d Addendum_II-IS-OS.wpd Transportation Disadvantaged Services Agreement Second Addendum 4 BROWN, GARGAN ESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Debra S. Babb-NutcherJ Usher L. Brown t Suzanne D'AgrestaO Anthony A. GarganeseO J'w. Taylor Jeffrey S. Weiss Offices in Orlando, Kissimmew..E & Cocoa R CEIVEE!. MAR 0 9 2006 Joseph E. Blitch Scott J. Domstein Andrew M. Fisher Katherine W. Latorre Paul H. McLester Amy J. Pitsch CITY OF W1NTf:R SPRINGS OFFICE OF THE CITY CLERK Erin J. O'Leary Of Counsel tBoard Certified Civil Trial Lawyer oBoard Certified City, County & Local Government Law March 8, 2006 VIA FEDEX Chuck Pula, Parks & Recreation Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Transportation Disadvantaged Services Agreement Second Addendum City of Winter Springs/MY Transportation, Inc. Our File No.: 1193 Dear Chuck: Enclosed please find the original executed Second Addendum to the Transportation Disadvantaged Services Agreement. Please feel free to contact me if you have any further questions regarding this matter. o;~ Andrew M. Fisher AMF/eah Enclosure G:IDocslCily of Winter SpringslCorrespondencelPula. ChucklMV _ Transportalion._ExeculedAgreemenCLlr030e06.wpd 225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net TRANSPORTATION DISADVANTAGED SERVICES AGREEMENT SECOND ADDENDUM THIS SECOND ADDENDUM, made and entered into the last date indicated below, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida (hereinafter the "City"), and MV TRANSPORTATION, INC., a California corporation registered and doing business in the State of Florida, whose principal address is 360 Campus Lane, Suite 201, Fairfield, California (hereinafter the "Contractor"). RECITALS: WHEREAS, on March 25, 2003, the Contractor and the City entered into a Transportation Disadvantaged Services Agreement (hereinafter "Agreement"), to provide transportation services for the City's senior citizens within its municipal boundaries pursuant to Chapter 427, Florida Statutes; and WHEREAS, on February 10,2004, the Contractor and the City entered in a Transportation Disadvantaged Services Agreement Addendum (hereinafter "Addendum") to renew the Agreement and provide for compensation due to Contractor; and WHEREAS, the initial term of the Agreement expired on September 30,2003; and a one (1) year renewal was granted and expired on September 30, 2004; and WHEREAS, the Contractor has given notice that it desires to add a fuel adjustment clause to the Agreement; and WHEREAS, the Contractor has given notice that it desires to renew the Agreement for one (l) additional one (1) year term under the tenns and conditions provided herein; and WHEREAS, the Contractor and the City desires to provide for additional renewals of the Agreement under the terms and conditions provided herein; and WHEREAS, the City agreed to the fuel adjustment clause, renewal of the Agreement for one (1) additional one (1) year term and the provisions for additional renewals under the terms and conditions as described in this Transportation Disadvantaged Services Agreement Second Addendum (hereinafter "Second Addendum"); and WHEREAS, the Contractor and the City agree that this Second Addendum to the Transportation Disadvantaged Services Agreement dated, March 25, 2003, is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs, Florida. Transportation Disadvantaged Services Agreement Second Addendum I NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this addendum. 2.0 Fuel Adjustment. Fluctuating fuel costs will be adjusted on a monthly basis according to the following matrix. The data in the matrix is based on the weekly Department of Energy ("DOE") Fuel Index for Retail Gasoline or On-Highway Diesel, depending on the fuel used by Contractor, on the East Coast using the last Monday of the billing month, available at: http://tonto.eia.doe.~ov/oo~info/wohdp/d;esel.aw (for On-Highway Diesel) http://www.eia.doe.govloilJas/petro/eum/data-pub/ications/wrgp/mogas_home..page.html (for Retail Gasoline). If the DOE fuel index falls below the "No Adjustment" range, the Contractor will reimburse the City in accordance with the matrix. Ifthe DOE fuel index rises above the "No Adjustment" range, the City will compensate the Contractor in accordance with the matrix. The rate adjustments should be based on the total miles driven for the month. For example, if the actual cost of fuel for a particular month is 255 cents ($2.55), there will be a 6 cent ($.06) per mile fuel adjustment charge. The fuel surcharge must be on each individual invoice and must be listed as a separate charge. Upon request by the City, Contractor must provide all supporting documents relevant to any fuel adjustment prior to the City paying the adjustment. DOE Fuel Index Cost oeI Gallon in Cents 130.0 & below 130.1 - ]40.0 ]40.1 -150.0 150.1 - 160.0 160.1 - 170.0 170.1 - 180.0 180.1 -190.0 190.1 - 200.0 200.1 - 210.0 210.1 - 220.0 220.1 - 230.0 230.1 - 240.0 240.1 - 250.0 250.1 - 260.0 260.1 - 270.0 270.1 - 280.0 280.1 - 290.0 290.1 - 300.0 Rate Adiustment in Cents Per Mile -.07 -.06 -.05 -.04 -.03 -.02 -.01 No adjustment +.01 +.02 +.03 +.04 +.05 +.06 +.07 +.08 +.09 +.10 Transportation Disadvantaged Services Agreement Second Addendum 2 300.1- 310.0 310.1 - 320.0 320.1 - 330.0 330.1 - 340.0 340.1 - 350.0 +.11 +.12 +.13 +.14 +.15 This Fuel Surcharge will become effective the first full month after the effective date of this Second Addendum. The same increments will apply if the DOE fuel index goes below or exceeds the levels in the matrix. 3.0 Term. The term of this Renewal shall commence on October 1, 2005 and end at 12:01 midnight on September 30, 2006 4.0. Renewal. Contractor may, upon approval ofthe City elect to renew this Agreement for five (5) additional one (1) year terms or as otherwise modified and agreed upon in writing by City and Contractor, by providing written notice to City not later than sixty (60) days prior to the expiration of the Agreement. The City Manager may approve a renewal of the Agreement provided the Contractor has remained in full compliance with its terms and has not committed any default or breach of any terms, obligation or other responsibility under the Agreement. Any renewal terms is contingent upon the City allocating sufficient funding in its annual budget for the continuation of services provided hereunder. Nothing contained herein shall be construed to obligate the City to renew the Agreement in the event the City does not appropriate sufficient funds in its annual budget for the continuation of transportation services under the Agreement. 5.0 All Other Terms and Conditions. All other terms and conditions of the Transportation Disadvantaged Services Agreement and the Transportation Disadvantaged Services Agreement Addendum between the parties shall remain in full effect and shall be enforceable as provided therein. 6.0 Effective Date. The effective date afthis Addendum shall be the last date signed below. [THIS SPACE INTENTION ALL Y LEFT BLANK) (SIGNATURE ON NEXT PAGE] Transportation Disadvantaged Services Agreement Second Addendum 3 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties cause this Addendum to be executed and attested to by their respective authorized officials. ." CITY OF WINTER SPRINGS, FtORlDA -9. a d W. McLemQre, City Mk-mger Date: 3/1~/o~ MV TRANSPORTATION, INC. BY'~eJ-~ ,l.Jlt{! 1". ~ lr:.~Ib_ Print Its: lIfu Prtt;.i,j ,r '?~~ Date: :l/rJb{, . G:\I.awyeMMF\Winlcr Springs\Contracl Review\MV_ Tllnsp_2d Addendum_ll-IS.Q5.wpd Transportation Disadvantaged Services Agreement Second Addendum 4