CITY COUNCIL STAFF REPORT

DATE: JUNE 18, 2014 NEW BUSINESS

SUBJECT: PROPOSED CONTRACT WITH MV TRANSPORTATION, INC. OF DALLAS, TEXAS, TO PROVIDE TROLLEY OPERATOR SERVICES AND THE LEASE OF FIVE (5) COMPRESSED NATURAL GAS (CNG) POWERED VEHICLES FOR THE TERM OF ONE (1) YEAR TO UNDERTAKE A PILOT TROLLEY PROGRAM, IN THE AMOUNT OF $918,874

FROM: David H. Ready, City Manager

BY: Community & Economic Development Department

SUMMARY

In 2013, the City Council directed City staff to investigate the feasibility of a trolley that would serve the Downtown and Uptown areas as well as connect several of the larger hotels outside Downtown to the center of town. Staff, working with a City Council Sub­ Committee (Foat!Lewin) and an ad hoc Stakeholder Trolley Committee, completed its investigation and discussed a number of issues with City Council in November, 2013.

A Request for Proposals was issued in January, 2014, with the City seeking a qualified shuttle service provider to provide vehicles and drivers to operate a 12-month pilot program Trolley service. The action before you is approval of an agreement with the qualified vendor.

RECOMMENDATION:

1. Approve Agreement No. , a Contractual Services Agreement for Trolley Services Operator Pilot Program with MV Transportation, Inc. of Dallas, Texas, in an amount of $918,874 for the first year of service.

2. Authorize the City Manager or his designee to execute all necessary documents. June 18, 2014 --Page 2 Trolley Services Operator Pilot Program Contract Award

Background

On November 20, 2013, staff presented City Council with initial findings on the feasibility of an intra-city trolley program to serve the Downtown and Uptown Design District areas, as well as connect several of the larger outlying areas. Staff, working with a the City Council Sub-Committee (Foat/Lewin) and an ad hoc Stakeholder Trolley Committee (hotel general managers and other stakeholders), investigated a number of trolley programs in other cities to determine what was successful and what might be replicated in Palm Springs.

The goals of a trolley program in Palm Springs would be to connect businesses, visitors and residents along the Palm Canyon Drive corridor. The benefits of the program will include mitigation of several urban planning challenges faced by the City, such as easing parking congestion, addressing the long linear nature of Palm Canyon Drive's business districts, the distance between several major hotels and the Convention Center, and issues related to drinking and driving. Moreover, this type of program has the potential to provide additional benefits such as creating a new and exciting "visitor experience" for our tourism brand, enhancing economic development and reducing carbon emissions.

The Procurement & Contracting Division, in cooperation with the Community & Economic Development Department, conducted a Request for Proposals (RFP) 12-14 that was issued on January 24, 2014 and posted to the city's website. Notices were sent to 29 prospective operators. A pre-proposal conference was held on February 3, 2014 and five operators attended. Three proposals were received by the February 25 deadline from the following operators (listed alphabetically): Empire Transportation Inc., MV Transportation Inc., and Silverado Stages, Inc. Proposals were evaluated by a committee consisting of staff from the Community & Economic Development Department; the co-founder of Symblaze, the City's trolley branding and marketing consultant; and, the Director of Operations at Sunline Transit Agency.

Proposals were evaluated on multiple criteria including their qualifications and experience, proposal organization and overall project understanding, detailed work proposal including equipment, staffing and maintenance, project implementation schedule and lead time and cost. In addition, a local preference was applied to firms that are located within the Coachella Valley. Upon initial review of the three proposals that were submitted, the evaluation committee short-listed the top two firms and conducted interviews with Empire Transportation, Inc. and MV Transportation, Inc. on April 16, 2014. MV Transportation was the selected operator following the interview process and was preferred unanimously among the evaluation committee. Subsequent contract negotiations with MV Transportation resulted in more favorable cancellation terms, enhanced technology, inclusion of vehicle wrapping, and optional pricing structures for alternative pilot project schedules.

02 June 18, 2014 -- Page 3 Trolley Services Operator Pilot Program Contract Award

Key considerations in the selection of MV Transportation are:

• Strong qualifications and similar/relevant applicable experience to the scope of work requested in the Palm Springs request for proposals.

• Firm understanding and grasp of operations, compressed natural gas (CNG) equipment, hiring, training, safety, maintenance and well thought out plan for implementation, storage facility, and maintenance program. Proposed on-site manager and senior executive to be assigned to the contract were well qualified, seasoned and very customer service oriented.

• Equipment will be brand new, CNG powered, Americans with Disabilities Act (ADA) compliant, with open upholstered perimeter seating in the authentic-style "trolley" as requested by the stakeholders. The trolleys would have a 26 seated passenger or 22 seated passenger with 2 wheelchair capacity (each wheelchair space takes 2 seats) and standing room for approximately 15 more passengers. MV has included the cost of the "wrap" of each vehicle and will coordinate with the Art Director from Symblaze, the branding and marketing consultant, for final color and spec check prior to application of the wrap.

• The cost for the first year Pilot program is $918,874 for Thursday through Sunday Service from 11 a.m. to 1 a.m. or 12 noon to 2:00a.m. The contract includes all staffing, supervision, vehicle leases and maintenance, overhead and profit.

• In the event that the City cancels the project at the end of the Pilot period, the City will be responsible for the difference in the depreciated value and the market value of the vehicles, not to exceed $24,334 per trolley. With 5 vehicles (4 in service plus one spare), the cost to the City to cancel the project would not exceed $121,670.

• The lead time for the trolley equipment is 90 to 120 days. A November launch of this program would be feasible should Council approve this contract by the end of June 2014.

Key elements of the program are:

• The route would be approximately 14 miles in length. The recommended route is from the Parker Hotel to Racquet Club Road via Downtown and Uptown. The trolley would travel along East Palm Canyon Drive to South Palm Canyon Drive, then north on Indian Canyon Drive to Vista Chino Road (and the Riviera Resort), then west to North Palm Canyon Drive to Racquet Club, and then turning around at the Northgate Center. Returning, the trolley would head straight down Palm Canyon Drive to The Parker.

• The trolley service would be free of charge with a 15 minute interval between trolleys/buses, meaning that during service times a bus will come by every fifteen

D3 June 18, 2014 -- Page 4 Trolley Services Operator Pilot Program Contract Award

minutes. During the pilot period, service will be provided 4 (four) days per week Thursday- Sunday, 12:00 noon- 2 a.m.

• The days and times of the program, for the start-up of the pilot, was discussed at length with the stakeholders committee, Council sub-committee and interest groups and was recommended to be Thursday through Sunday from noon to 2 am.

This contract is for a one (1) year agreement with four (4) one-year extension options, at the mutual consent of the city and contractor.

The proposed contract with MV Transportation is a Full Service contract. The Contractor will provide for the storage of the vehicles and arrange for maintenance to be performed by a local mechanic shop. The CNG would be purchased at the public fueling station near the airport. The contract contains provisions requiring the Contractor to maintain the vehicles and monitor their use and condition, provide for maintenance and daily repairs, keep the vehicles clean and in good order, ensure the graphics and other materials remain attractive and make sure the air conditioning is in good repair.

The Contractor shall hire and employ competent and properly licensed personnel for this service, and must fully comply with all federal, state, and local laws applicable to the operation of the trolleys for this service. The City reserves the right to establish uniform and appearance standards for any and all of the successful Contractor's staff who come in contact with the public as a result of the RFP.

MV had the most similar experience to what Palm Springs proposes. While they run transit operations nationally and are probably the largest of the three companies, they operate similar shuttles in Beverly Hills, Monterey, San Pedro and other tourist destinations. Despite their size, the Evaluation Committee believed they were the company that is most likely to "get" the City's desire to create a branded, fun trolley experience and adapt the operation accordingly.

The City's branding consultant, Symblaze, is engaged by a separate contract and will be bringing the branding concepts to Council at the July 2, 2014 meeting.

As part of the effort to be fun and innovative, the contract with MV also includes GPS tracking of the trolleys, and the creation of an "app" that trolley users can use to see where the vehicles are in real time.

As this was a Request for Proposal process where multiple criteria were considered (not just "low bid"), it should also be noted that not only was MV Transportation the most qualified, they also were the lowest cost for the 4 day per week service with the desired equipment.

The initial service plan is to be approximately 11 ,600 hours of service per year of operation. The operational hours translate to 56 operating hours per bus per week

0~ June 18, 2014 -- Page 5 Trolley Services Operator Pilot Program Contract Award

(224 total hours per week for all four buses). However, the City reserved the right to utilize the trolley service to support special events. The contract provides an hourly rate for such additional services for additional trolleys or additional hours proved by the Contractor, such as during special events.

Additionally, the City has reserved the right to maintain flexibility in the trolley schedule. At the Subcommittee level, there was discussion about having the trolley run later into the evening (2 a.m. or even later), in which case the route would begin later in the day than the original 11 a.m. start (noon or 1 p.m.) in order to keep the total service hours the same.

Lower Cost Alternatives

In an effort to look at ways to reduce the overall contract amount, Staff asked the contractor to investigate a number of contract alternatives, including:

1. Reducing the number of hours of service by starting service later (5 p.m.) instead of 11 a.m., and also reducing the length of the route by not going to The Parker:

• MV determined that eliminating The Parker would not necessarily produce much cost savings because the distance saved is not enough to reduce the number of trolleys required from 5 (4 in service plus one spare) to 4 (3 in service plus one spare), where such a cost savings would occur. However, there would be cost savings attributed to reduced hours. Such a change would reduce the overall hours to 6,608 annual hours (by 43%), but only reduce overall costs by 23%, to $712,646.

2. Reducing the days of service from 4 days to 3 days (e.g. Friday-Sunday) was another option:

• Since the number of vehicles would not be reduced in this scenario, the total number of service hours saved would be 56 hours per week, or 25% of the weekly hours (leaving 8,700 annual hours), which would save 25% of the operational costs but a smaller percentage of overall costs (estimated about 15% ), since the vehicle cost and supervision would remain the same. That would yield a contract savings of about $137,000, and a contract amount around $781,042.

3. A third cost savings idea would be to reduce the length of the route to a distance that could be accommodated with 3 vehicles in service (3 in service plus one spare), rather than 4 vehicles in service (4 in service plus one spare) proposed today:

05 June 18, 2014 -- Page 6 Trolley Services Operator Pilot Program Contract Award

• Since eliminating The Parker alone didn't remove enough distance to reduce the number of vehicles, this option would also entail eliminating at least the leg from Vista Chino to Racquet Club. Such a reduction would be equivalent to Option 2 in terms of operating costs (going from 4 buses to 3 buses is equivalent to going from 4 days to 3 days), plus the added savings of the lease payment on the fourth operating bus, $26,844. That would yield savings of about $164,000 per year or a contract amount of $754,198.

Fiscal Impact

PS Resorts (consortium of large hotels paying "resort fees"), in their renewed three year agreement with the City has agreed to provide $100,000 toward the Trolley Program in each of the contract years. The balance, approximately $820,000 would be paid for from the Measure J Fund (unscheduled capital projects).

Additionally, opportunities will likely exist for future "advertising revenues" on the interior of the trolleys to offset a portion of the program costs. Those options will be fully analyzed and presented to City Council at an upcoming meeting.

Importantly, as noted above, if the City elects to terminate the program after the initial pilot year, the depreciated value of trolleys - not to exceed $121,670 -will become a liability of the City and due to the contractor. By comparison, if the City proceeded with this program without a one year pilot - it would have required a capital purchase of the trolley vehicles of approximately $1 million.

n , Director of Diana Shay, Rede nomic Development Coordinator

~--____;:c;~~ David H. Ready, City M

Attachments: Contract Service Agreement

06 CONTRACT SERVICES AGREEMENT

TROLLEY SERVICES OPERATOR, MV TRANSPORTATION, INC.

THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on , 201_, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and MV TRANSPORTATION, INC., ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS

A. City has determined that there is a need for a contractor to provide all materials, labor, and equipment to operate a scheduled Trolley service within the City ("Project").

B. Contractor has submitted to City a proposal to provide all materials, labor, and equipment to City for the Project under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Contractor to provide such contract services.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced contracts performing similar work under similar circumstances.

1.2 -Contract Documents. The Agreement between the Parties shall consist of the following: (I) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's

I Revised: 6/16/10 O 720669.1 7 Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 ") the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (41h) the provisions of the Contractor's Proposal (Exhibit "C").

1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

1.4 Licenses. Permits. Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.5 Familiaritv with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

2 Revised: 6/16/10 720669.1 08 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of $918,874 (nine hundred eighteen thousand eight hundred seventy four dollars) for Year I. In the event that the project is terminated after Year I the City shall additionally compensate the Contractor for the difference in the depreciated value and the market value of each Trolley in an amount not-to-exceed $24,334 per Trolley. Maximum Compensation shall not exceed $856,985 for Year 2; $863,592 for Year 3; $888,300 for Year 4; and $893,222 for Year 5, except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of

3 Revised: 6/16/1 0 720669.1 09 the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (1 0) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or

B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference.

3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted) if Contractor, within ten (1 0) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City.

4 Revised: 6/16/10 720669.1 lD The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section.

3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and the Anniversay Date shall be the first date of Operation and shall continue in full force and effect for one (1) year with four (4) additional one (1) year optional renewals from the Anniversary Date at the mutual written consent of the parties. Any further extensions shall be at the mutual written consent of the parties and shall be executed by an Amendment to the Agreement.

3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice, subject to the provision stipulated in Section 2.1 and Exhibit "D" (Schedule of Compensation) for early termination of the equipment lease and compensation by City to Contractor for the difference in the depreciated value and the market value of each Trolley in an amount not-to-exceed $24,334 per Trolley. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: W.C. Pihl, Executive Vice President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5 Revised: 6/16/10ll 720669.1 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.

A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, ·or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

6 Revised: 6/16/10 720669.1 l2 B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnity City for all such financial obligations.

5. INSURANCE

5.1 Tvoes of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. (*WAIVED*) Effers and OmissieHS Inst~rEI!lee. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1 ,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

(I) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.

(2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement,

7 Revised: 6/16/10 720669.1 13 and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1 ,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to

8 Revised: 6/16/10 720669.1 14 commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self­ insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:

5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it.

5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project

9 Revised: 6/16/10 720669.1 15 by Contractor, provide the same minimwn insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

5.3 .9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible.

10 Revised: 6/16/10 720669.1 i6 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm $prings Contract No._" or "for any and all work performed with the City" may be included in this statement).

2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have ... " ("as respects City ofPalm Springs Contract No._" or ''for any and all work performed with the City" may be included in this statement).

3. "Should any of the above described policies be canceled before the expiration date thereof the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them.

11 Revised: 6/16/10 720669.1 17 6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnifY, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

6.2 Design Contract Services Indemnification and Reimbursement. If the Agreement is determined to be a "design contract services agreement" and Contractor is a "design contract" under California Civil Code Section 2782.8, then:

A. To the fullest extent permitted by law, Contractor shall indemnifY, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers.

B. The Contractor shall require all non-design-contract sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-design-contract sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set

12 Revised: 6/16/10 720669.1 18 forth in this Agreement, as well as any other insurance that may be required by Contract Officer.

7. REPORTS AND RECORDS

7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing desigo services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being desigoed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the desigo services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assigornent to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. All Contractor material developed prior to, or independently of this Agreement, remains the sole property of the Contractor for all materials developed outside of this Agreement.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written

13 Revised: 6/16/10 l g 720669.1 authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the Jaws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notifY Contractor in writing of such default. Contractor shall have ten (I 0) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5.

14 Revised: 6/16/10 21J. 720669.1 B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to requite exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

15 Revised: 6/16/10 720669.1 21 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copvright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnity City if the suit or claim results from: (I) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or

16 Revised: 6/16/10 720669.1 22 claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnifY City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332

To Contractor: MV Transportation, Inc. Attention: Office of the General Counsel and W.C. Phil 5910 North Central Expressway, Suite 1145 Dallas, TX 75206

10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition

17 Revised: 6/16/10 720669.1 23 or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

18 Revised: 6/16/10 720669.1 I.'16. • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs

Date: ______By::::--:-:-::::-::,--,,...------­ David H. Ready City Manager

APPROVED AS TO FORM: ATTEST

By:------,----­ By:------­ Douglas C. Holiand, James Thompson, City Attorney City Clerk

APPROVED BY CITY COUNCIL:

Date: ___ Agreement No.

Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer_

CONTRACTOR NAME:

MV Transportation Inc. Check one _Ind;v;dual_ Partnership_X_ Corporat;on 5910 North Central Expressway, Suite 1145 Dallas, TX 75206

By __~--~-~~-----­ By_~=--~~~~------­ Signature (Notarized) Signature (Notarized)

19 Revised: 6/16/10 720669.1 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

State of catlfomla County of ______}

On-----;;:,..-----o. before me, ------..=====,.....Here Nett Name andTitlil of tile Officer...... ------~

~onaByappeared ______~~orn~~------NiiiiiitiJ ;! iilii~

who proved to me on the basis of satisfactory llllldence to be the p91li0fl(S) whose name{s) islare ~ to the within instrument and acknowledged to me that helshellhey """""'ed the same in hislherAheir authorized ~}. and that by hifllherlthelr slgn81Ufe(s) on the InStrument the person(s), or the entity upon behalf of which the person(s) acted, """""'ed the lnsln.lrn9nt

I certify under PENALTY OF PERJURY under the laws at the State of California that the IOregolng parilgraph Is true and correct.

WITNESS my hand and official seal.

Description of Attached Document Title or'!\lpeof Document: ______

Dooument Date:------'--Number of Pages:------

Signer(&) Other Than Named Allow: ------­

Cepaclty(les) Claimed by Slgner(s}

Slgn81"s Name: ______Signer's Name:: ______0 Individual 0 Individual 0 Corporate Ollicer - TIUe(S): 0 Corporate Officer- Title(s): ------0 Partner- 0 Umilsd 0 General 0 Partne< - 0 UmHed 0 General D Attorney in Fact 0 AHomey In Fact 0 Trustee O'nustee 0 Guardi!Hl or Conservator o Guaroian or Conservator 0 Other: 0~------SI!Jlar Is Representing: ____ Sillner Is Representing: _____

20 Revised: 6/16/10 720669.1 1.6 EXHIBIT "A"

SCOPE OF SERVICES

The scope of services shall include, but not be limited to, the following:

Contractor shall provide a "Full Service" Trolley operation including all trolleys, operating staff, materials, equipment, vehicle maintenance, fuel, storage facility/location when not in operation, and all administrative responsibilities.

The trolley operation will be a highly visible, safe, effective, economical, environmentally and user friendly service to meet the existing and future mobility requirements within the City. The major customer markets will be tourists, residents, conventioneers, employees, and special event participants. This system will provide transportation between the downtown areas, commercial centers, transportation hubs, and City sponsored events. In addition, this program has potential to provide additional benefits such as creating a new and exciting "visitor experience" for our tourism brand, enhancing economic development and reducing carbon emissions.

The trolley system will encourage local shopping and dining while reducing vehicle traffic in the downtown area. Additionally, Palm Springs hosts many events that draw a large number of seasonal visitors. The system will serve as transportation for these visitors.

Route: The intitial Trolley route and Trolley stop locations are generally/approximately depicted in Attachment D. The trolley route is an approximately 14 mile loop extending from the intersection of North Palm Canyon Drive and Racquet Club Road at the north end of the route, to the intersection of East Palm Canyon Drive and Cherokee Road at the South end.

The route and stops are subject to change by the City at any time and may be expanded or retracted depending on ridership, demand, or other factors. The required service level of every 15 minutes requires the contractor to be flexibile to accommodate the City's seasonal population pattern and the variations in peak "in season" and peak "off season" demands, coupled with our rapidly changing Downtown environment. The City reserves the right to supplement service with other service providers if needed.

Personnel. Contractor must employ competent and properly licensed personnel for this service, and must fully comply with all federal, state, and local laws applicable to the operation of the trolleys for this service.

The City reserves the right to establish uniform and appearance standards for any and all of the Contractor's staff who come in contact with the public. The Contractor is responsible for the purchase and maintenance of all uniforms.

All Driver/Operators will be the ambassadors of the City of Palm Springs and accordingly must possess the ability to interact with customers in a courteous, professional and friendly manner.

Contractor shall establish and provide continuing training programs for all driver/operators including at a minimum, ADA wheelchair lift and secure training, sensitivity training and defensive driver training. 27 720669.1 Trolley operators may be requested to narrate mobile tours and/or operate a recorded tour narration on the trolley's audio system.

Trolley operators must be able to communicate in the English language to patrons.

Driver Qualifications. Drivers will comply with the federal, state and local laws and licensing requirements.

Substance Abuse. Motor carriers and drivers shall comply with the controlled substances and alcohol use and testing set forth in Part 382 of Title 49 of the Code of Federal Regulations. This program shall include:

• Contractor must implement alcohol test procedures. Tests will be required for pre­ employment; reasonable suspicion; post-accident; random; return-to-duty; and follow-up. Drivers who engage in prohibited alcohol misuse must be immediately removed from driving and cannot return until they been evaluated by a substance abuse professional and complied with treatment recommendations. Drivers who have any alcohol concentration (defined at 0.02 or greater) when tested just before, during, or just after driving, must be removed from performing such duties for 24 hours. Drivers who violate the alcohol misuse rules will be referred to a substance abuse professional for evaluation. Any employer who decides to return a driver to safety-sensitive duty must ensure that the driver: 1) has been evaluated by a substance abuse professional; 2) has complied with any recommended treatment; 3) has taken a return-to-duty alcohol test; and 4) is subject to unannounced follow-up alcohol tests.

• Contractor must also implement drug testing screenings. Test will be required for pre-employment; reasonable suspicion; post-accident; random; return-to-duty; and follow-up. A driver must be removed from driving duty if he/she has a positive drug test result. A driver that had a positive drug test may not be returned to duty until he/she: 1) has been evaluated by a substance abuse professional; 2) has complied with recommended treatment; 3) has a negative return-to-duty drug test; and 4) is subject to unannounced follow-up screening tests.

• Contractor will be responsible for conducting random, unannounced drug and alcohol tests. They must also provide information on drug use and treatment resources to drivers. All supervisors and officials of the successful Service Provider must attend at least one hour of training on the sign and symptoms of drug abuse. These tests must be completed by a third party.

Code of Conduct. All employees shall avoid conduct unbecoming of an employee. The Contractor shall set personnel policies prohibiting such actions. Examples of conduct unbecoming of an employee include, but are not limited to, the following:

• Any instance of use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee.

28 720669.1 • Littering on vehicles, station areas or any other City system property. • Eating in the presence of passengers or on shuttle buses. • Smoking in the presence of passengers. • Willful failure to assist customers. • Willful destruction or damage to any City property. • Violation of uniform dress standards. • Reckless or unsafe driving.

All personnel shall be trained to provide excellent customer service and to respond in a professional manner. Contractor shall be prepared to handle Senior, Disabled, and non-English speaking participants in this service. Spanish/English staff may be helpful, but is not necessary. Sensitivity and awareness of the LGBT community is also required.

Communication. The Contractor shall provide a communications system that will allow for the timely and efficient dispatching, coordination and response necessary to operate the services stated herein. At a minimum, the communications system must allow immediate communication between the dispatcher and vehicle operator at all times.

Text Messaging and Use of Handheld Wireless Communication Devices. The Contractor will implement and enforce a policy that prohibits text messaging and the use of handheld wireless communication devices during vehicle operation.

• Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, a­ mailing, instant messaging, obtaining navigational information or engaging in any other form of electronic data retrieval or electronic data communications.

• Handheld wireless communication device includes, but is not limited to, a mobile or cellular phone, a text messaging device, a pager, a personal digital assistant (PDA), a tablet personal computer, or a laptop computer.

Seat Belt Use. The Contractor is encouraged to promote policies and initiatives that adopt and promote on-the-job seat belt use policies for its employees and other personnel that operate company-owned, rented, or personally operated vehicles.

Operating Times. The level of service for the subject route requires headway of 15 (fifteen) minutes. Service will be provided 4 (four) days per week with the following operating hours:

• Approximately 56 operating hours per bus per week (224 total hours per week): Thursday- Sunday: 11 :00 a.m. - 1 a.m (*subject to change)

The City reserves to modify the schedule at any time. The City reserves the right to change the hours of operation and to add, delete and amend services and locations as necessary throughout the term of the contract.

The initial service plan is estimated to be comprised of approximately 11,600 hours of service per year of operation. The Contractor shall provide daily supervisory oversight of the operation.

29 720669.1 Additional Services. The City reserves the right to utilize the trolley service to support special events and any additional services shall be at the established Variable Hourly rate in the Schedule of Compensation. Additional vehicles may be required during special events depending on demand and the City reserves the right to add additional vendors if the Contractor is unable to meet the needs during those times.

Non Scheduled Sloes. Trolley vehicles shall not be used to pick up or drop off passengers or the Contractor's employees at unscheduled locations without prior written authorization by the City, except in case of emergency, equipment failure, or direction of civil authorities.

Spare Vehicles. Contractor shall provide five (5) Trolleys, of which one (1) shall be a spare vehicle in the event of a vehicle breakdown.

Operations and Management Supervision:

In addition to the rights and obligations stated elsewhere in this agreement, the City shall have oversight of the Contractor's performance including:

• Monitoring: Monitoring the records, facilities, personnel, timetable adherence and equipment developed or used by Contractor in the performance of its obligations under this Agreement.

• Inspection and Removal: Inspecting any equipment at any time, and remove from service any equipment, which in the City's sole discretion, is in an unacceptable condition.

• Temporary Service Adjustment: At the City's sole discretion, the City may direct Contractor to cease operation, alter destination and/or alter the route of any Trolley operated under this Agreement. Contractor shall resume normal operation of any Trolley only upon receipt of approval from the City.

• Employee Removal: At the City's sole discretion, the City may direct Contractor to remove any service employee for conduct unbecoming an employee as stated herein.

• Employee Breaks and Rest Periods: Contractor shall abide by all federal and state laws regarding employee breaks and rest periods. Contractor shall accommodate appropriate rest and meal break periods for employees with minimal impact to scheduled service when possible. This may include providing relief drivers if necessary.

Vehicle Specifications. Maintenance and Repairs:

Trolleys: The vehicles for this program shall be five (5) brand new 2014 30' Supreme Classic American Trolleys that shall be powered by CNG, will have capacity for 26 seated passengers (22 plus 4 wheelchairs, meeting all ADA compliance requirements including lift), and will come • with signage (to be designed and approved by City) and include GPS software and mobile tracking application and a stand-alone App available for smartphones and tablets.

The vehicles shall be leased by the Contractor and the costs are detailed in the Schedule of Compensation, Exhibit "D", including the financial obligation of the City to the Contractor for early termination of the lease in the event the trolley program is cancelled after the first year.

30 720669.1 Each trolley shall be a "bus" pursuant to Vehicle Code §§ 233 (a), 408, 34500, and the Contractor shall be a "motor carrier" pursuant to Vehicle Code §§ 408, 34520 and all vehicles will comply with all federal, state and local laws, regulations, and guidelines applicable to the type of vehicle used for the trolley service.

Vehicle Inventory. Contractor to provide City a detailed inventory of the five (5) vehicles to be used for the. operation, including the Vehicle Identification Number, month and year of chassis manufacture, make, model, seated capacity including wheelchairs, and ADA accessibility features (ramp, lift, securing system).

ldentification/Siqnage. Vehicles shall include display signage on both the interior and exterior. The type and style of signage will be determined and designed by the City and it's marketing representatives for the project and the specifications of the signage will be provided to Contractor by City for the vehicle supplier and signage subcontractor to then produce and install. The City's Project Manager or his/her designee must approve the signage and all associated artwork prior to production as well as approve on-site at the signage subcontractor's facility during installation on each vehicle. City reserves the right to modify the signage and the signage may not display the Contractor's logo; however, when required by applicable laws or regulations may display the Contractor's name and vehicle identification number. The cost for the production and installation of all signage is included in the Contractor's pricing.

When in shuttle service, the interior of vehicles shall be signed with service identification including; City of Palm Springs and the route name as instructed by the City. In addition, vehicles shall have interior signage approved by the City stating; "For Service Comments, Contact 760- and, "This is a free service to passengers. Drivers cannot accept tips." All City of Palm Springs identifying signage shall be removed when vehicles are not in use for the City of Palm Springs Trolley service.

Vehicle Aooroval. Vehicles must receive an inspection and approval from the City's Project Manager or his/her designee prior to use for shuttle services upon execution of contract.

Vehicle Seating Requirements. The City requires a minimum (perimeter style, not rows) seating (upholstered, not hard surface, fabric to be selected by City) capacity of 26 seated passengers including four (4) wheelchairs.

Vehicle Rejection. The City's Project Manager, at his/her sole authority, may notify Contractor to remove any vehicle from service for non-compliance with the vehicle requirements of this Agreement. Contractor shall replace said vehicle with a City approved vehicle within thirty (30) calendar days. A suitable replacement vehicle will be placed in service during the hiatus to avoid interruption in service.

Vehicle Maintenance Plan and Practice. The Contractor shall maintain all components of each vehicle including its body, frame, furnishing, mechanical, electrical, hydraulic or other operating systems in proper working condition free from damage and malfunction. The Contractor shall replace and repair immediately any vehicle damaged in any accident or other damage which impairs the proper and safe mechanical operation of the vehicle. The Contractor at its sole cost and expense, shall maintain inventory of and provide fuel, lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services. Vehicles must be kept clean including exterior washing at least weekly, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris.

31 720669.1 The City requires serv1c1ng of all vehicles at successive 6,000 mile intervals or the recommended vehicle manufacturer's specifications, whichever is lower. A more extensive inspection and servicing shall take place at 12,000 mile intervals or as specified by the recommended vehicle manufacturer, whichever is lower. In the event that towing of any vehicle is required due to mechanical failure or damage, Contractor shall be responsible to provide such towing at Contractor's sole expense.

Daily Reoairs. The passenger amenities and safety appliances listed below shall be functionally inspected each calendar day on all vehicles which are dispatched for shuttle service and/or Extra service. Defects shall be remedied as an integral part of the inspection process prior to dispatch.

• General illumination lights • Headlights • Indicator lamps • Warning lamps • HVAC • Upholstery condition • Seat frames • Windshield wipers • Emergency lights • Signage • Fluids (levels only) • Safety appliances • Wheelchair lift/ramp function • Wheelchair securing devices

Under no circumstance shall a vehicle be dispatched for shuttle service and/or Extra service with any amenity or safety defect. A record of all such inspections shall be maintained by the Contractor and be made available to the City at the City Project Manager's request.

Air Conditioning Standards. The Contractor needs to be mindful of the temperate wintertime temperatures and extreme summertime temperatures in Palm Springs. All shuttles shall have working cooling systems which shall be available during all times the shuttle is in service. Cooling systems shall be capable of maintaining the interior temperature of the shuttle at 77 degrees Fahrenheit. With passengers on-board, regardless of the outside temperature, the interior temperature of the shuttle must be no greater than 80 degrees Fahrenheit within sixty (60) seconds of closing the shuttle doors.

Cleaning. All shuttles shall have had a minimum of a daily cleaning when made available to the City for service. Refuse, newspapers and other recyclable material remaining on board shall become the property of the Contractor. However, items of specific interest to the City and other authorities, e.g. illegal drugs, weapons, illegal substances, shall be retained as these entities request. At least once weekly, vehicles used to provide shuttle service under this Agreement must receive a detailed cleaning. Weekly cleaning, at a minimum, must include the following: • Exterior Wash • Graffiti removal • Interior windows cleaned • Mopping of non-carpeted floors with clean water and appropriate cleaning solution

720669.1 • Vacuuming of any carpeted flooring areas • Vacuuming of upholstered seats and cleaning of any stains with appropriate cleaning solution • Wiping down of all hand rails with clean water and appropriate cleaning solution

Upon beginning route vehicles shall meet the above appearance conditions.

Service Modifications. The City may change the scheduled service hours/days at any time. The City will work together with the Contractor to plan for any scheduled service hour or day changes and provide proper notice to the Contractor in advance. The City conducts a weekly Thursday night street fair along Palm Canyon Drive, when the street is closed to vehicular traffic, and a number of weekend street closure events along Palm Canyon each year. The development of a well-publicized alternate route for those periods will be required.

Customer Service. Vehicle operators are ·ambassadors' of the City and shall be familiar with their shuttle route and shall answer passenger questions in a courteous and informative manner. Vehicles may be required by the City to maintain a supply of literature (provided by the City) that may include, but is not limited to Trolley Route Maps and Schedule, and Sunline Transit schedules. Said literature shall be displayed in appropriate receptacles approved by the City and be available to passengers upon request. Contractor shall coordinate with the City to ensure an adequate inventory of literature.

Marketing. The City will assume all responsibility for marketing the public use of the Palm Springs Trolley Service operations through advertisements or other promotions. Contractor will place City approved promotional materials, public information notices and advertising materials in interior areas of the primary vehicles pursuant to procedures established by the City.

Advertising. Contractor shall not utilize the interior or exterior of primary vehicles operated in shuttle services for the display of any written or printed advertising, promotional material, or public information notices unless authorized by the City.

Damage to Property. Contractor shall take care to not damage the Trolley customer's property (e.g. bicycles) while performing transportation services. Contractor shall be responsible for all damage to the Trolley customer's property caused by actions or inactions of the Contractor. Contractor shall take care to not damage the City of Palm Springs property (e.g. station signage) while performing transportation services. Contractor shall be responsible for all damage to City property caused by actions of the Contractor.

Project Manager. Contractor shall designate a Project Manager who will oversee the complete operation of services detailed herein and be the primary point of contact for the City or its agent. The Contractor shall provide the email address, land line and cellular telephone number of its Project Manager prior to beginning service. The Contractor will also provide the email address, land line and cellular number of an emergency contact that the City may use 24 hours per day, 7 days per week in the event that contact is required outside of normal business hours. The Project Manager shall have at least five (5) years experience in bus/shuttle service operations.

Contractor must notify the City within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. Contractor must replace Project Manager with an interim Project Manager within one (1) business day if said Project Manager is removed from his/her duties under this Agreement.

33 720669.1 Contractor shall make every effort to permanently fill vacant Project Manager position within thirty (30) days. Replacement Project Manager must be approved by the City.

Vehicle Operator Responsibilities:

Responsibilities and Duties of Vehicle Operators include but are not limited to:

• Operate the vehicles in a safe and timely manner; • Be courteous to all passengers and the general public; • Cooperate with the City's project manager and City agents; • Distribute or collect handouts, surveys, etc. as may be required; • Be neat and clean and in proper uniform; • No acceptance of gratuities; • Have a thorough knowledge of route schedule; • Make service announcements as requested by the City; • Do not or allow passengers to smoke on vehicles; • Do not permit loud or raucous behavior on the vehicles; • Count and record passenger boarding for each trip; • Provide service free to all passengers; • Maintain route and timetable without deviation; • Inspect his/her vehicle for functionality and safety prior to each departure from the garage; • Assist passengers boarding and exiting vehicle as needed; • Operate the wheelchair lift for passengers requiring or requesting such service (whether they are in a wheelchair or not); and • Secure wheelchair passengers using vehicle securing devices.

Reporting Requirements:

Reporting and Recordkeepinq Requirements. The Contractor shall maintain complete and accurate records of all operator services and other Agreement activities carried out during the Agreement period. Contractor shall maintain records of all maintenance of primary vehicles. The Contractor must supply the following reports to the City as the City requests. The format of these reports shall be developed by the Contractor and subject to the review and written approval of the City.

Immediately: • Loss of life, injuries, stoppage or major disruption of service. • Any order imposed by a competent regulatory authority which prevents the continuation of service.

Daily: • Daily operator reports are relevant back up information to the monthly program reports. The content and form of the operator reports shall be mutually agreed upon by the City and Contractor and would typically include hourly ridership information and total miles traveled.

Monthly Program Reports:

34 720669.1 • On the tenth working day of each month, Contractor shall submit to the City a Monthly Program Report documenting the amount of services provided in the previous month. a project cost report documenting the cost of services provided in the previous month and an invoice. Typical reports shall include, at a minimum:

• Route mileage • Daily ridership • Hours of service • Customer service statistics • Service incident summaries • Service evaluation analysis • Customer comments, complaints and resolutions • Safety performance • Accidents or safety issues will be reported immediately to the program manager • Maintenance performed • Missed trips

Invoices. The Contractor will be required to provide the City with monthly invoices for service with copies of time records and other documents necessary to support invoices for each route.

Management Meetings. Upon contract award, monthly management meetings will be held between the City project manager and the Contractor's staff to review the previous month's data and reports, exchange information to coordinate service effectiveness and resolve any pending issues affecting the provision of service.

Customer Service. GPS Software. and Mobile ApPlications. The Contractor will be required to maintain a local public customer service telephone number which can be advertised as the main source of information for the service. Additionally, the Contractor will create a website page for information and feedback that will be available online to the public. The City will provide a link from its website to the Contractor webpage created for this purpose. Furthermore, each vehicle shall include GPS technology that shall be utilized for mobile vehicle tracking applications as well a stand alone App available for download on smartphones and tablets. All costs associated with this are included in the Contractor's schedule of compensation/pricing.

Program Responsibility Point of Contact. The City will identify in writing the name and contact information for the individual( s) designated as The City's administrator for the contract.

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CITY'S REQUEST FOR PROPOSALS

37 720669.1 CITY OF PALM SPRINGS, CA

NOTICE INVITING PROPOSALS FOR RFP #12·14

TROLLEY SERVICES PROVIDER

NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from qualified finns to provide the City with scheduled .trolley services between the downtown and various visitor locations within the city.

PROJECT LOCATION: City of Palm Springs, CA

SCOPE OF SERVICES: The scope of work will consist of a shuttle service provider to provide vehicles and drivers to operate a 12-month pilot program of Trolley service to serve the Downtown and Uptown Design District areas as well as connect several of the larger outlying hotels.

OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Proposals}, or by calling the Office of Procurement and Contracting, (760} 322-8373. Upon downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email at [email protected] to register as a finn interested in this project. Failure to register may result in not receiving addenda to the RFP.

PRE-PROPOSAL CONFERENCE: The City shall hold a non-mandatory pre-proposal conference at 10:00 AM on Monday, February 3, 2014, where interested trolley service providers will hear an overview of the project, review of the RFP process, and upon conclusion of the conference submit questions regarding the bid documents or specifications in writing only, where by the City shall provide responses via Addenda. See section #3 on "Questions". The conference will be held at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262. Please wait in the City Hall Lobby and you will be escorted to the meeting conference room.

EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP} format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to detennine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City.

DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00P.M., LOCAL TIME, TUESDAY, FEBRUARY 25, 2014. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened.

38 PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of thf:!ir proposal shall be valid for a period of 120 calendar days from the due date of proposals.

Craig L. Gladders, C.P.M. Procurement and Contracting Manager January 23, 2014

2 39 CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #12·14 TROLLEY SERVICES PROVIDER

Requests for Proposals (RFP #12-14), to provide Trolley services for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until3:00 P.M. LOCAL TIME, TUESDAY, FEBRUARY 3, 2014. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic., telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiVing Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions.

1. PURPOSE AND SCHEDULE: The City of Palm Springs, California inVites experienced firms and organizations with demonstrated expertise for the operation of a scheduled trolley serVice between the downtown and various visitor locations In Palm Springs, California. This initial endeavor is intended as a 12 month pilot program.

The overall intent of this project is to proVide a highly visible, safe, effective, economical, environmentally and user friendly trolley service to meet the existing and future mobility requirements within the City. The major customer markets will be tourists, residents, conventioneers, employees, and special event participants: When implemented, this system will proVide transportation between the downtown areas, commercial centers, transportation hubs, and City sponsored events. Benefits of the program might include mitigation of several urban planning challenges faced by the City such as easing parking congestion, non-walkablllty of the long linear nature of Palm Canyon Drive's business districts, bridging the distance between several major hotels and the Central Business District and issues related to drinking and driving. In addition, this program has potential to provide additional benefits such as creating a new and .exciting "Visitor experience· for our tourism brand, enhancing economic development and reducing carbon emissions.

SCHEDULE: Notice requesting Proposals posted and issued ...... January 23, 2014 Pre-Proposal Conference ...... Monday, February 3, 2014, 10:00 AM Deadline for receipt of Questions ...... Tuesday, February 18, 2014, 3:00PM Deadline for receipt of Proposals ...... Tuesday, February 25, 2014, 3:00PM Short List f InterViews/, *if desired by City ...... to be determined Contract awarded by City Council...... to be determined *Dates above are subject to change.

3 40 "KEY" TO RFP ATTACHMENTS:

ATTACHMENT "A"· Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "B" - Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "C" - Cost Proposal Form. *Must be completed and included in a separately sealed envelope- do NOT include this with your Technical Proposal. ATTACHMENT "D"- Trolley Route Map ATTACHMENT"E"- Sample boilerplate Contract Services Agreement (for reference only)

2. BACKGROUND: The City of Palm Springs is located in the Coachella Valley approximately 110 miles east of Los Angeles. The geographic area covered will include the City of Palm Springs from approximately Racquet Club Road to Cherokee Drive along the Palm Canyon Corridor.

The City contains a full time population of approximately 44,000 residents. As a tourism destination, the seasonal population in the City swells to over 75,000 people.

The City's downtown has been developed as a destination for residents and visitors which is an attractive and safe area for pedestrians and bicyclists to walk and ride. The trolley system wilf encourage local shopping and dining while reducing vehicle traffic in the downtown area. Additionally, Palm Springs hosts many events that draw a large number of seasonal visitors. The system will serve as transportation for these visitors.

3. SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS:

The City of Palm Springs ("City") is seeking a qualified shuttle service provider to provide vehicles and drivers to operate a 12-month pilot program Trolley service to serve the Downtown and Uptown Design District areas as well as connect several of the larger outlying hotels. Proposers need to demonstrate experience and competence in providing such first class shuttle or trolley services; experience contracting with a government agency is preferred but not required.

The City has not made a determination of the type of vehicle to use for this program. That determination will be made through this RFP process. Submitters are encouraged to submit multiple fleet options with pricing for the City's consideration provided they meet the requirements set forth in this RFP and can accommodate at a minimum 22 seated riders inclusive of ADA requirements. Note that preference will be given to vehicles using alternative fueling sources to gasoline or diesel.

The scope of services shall include, but not be limited to, the following:

Route. The Trolley route and Trolley stop locations are depicted in Attachment D. The troUey route is an approximately 14 mile loop extending from the intersection of North Palm Clilnyon Drive and Racquet Club Road at the north end of the route, to the intersection of East Palm Canyon Drive and Cherokee Road at the South end.

The route and stops are subject to change and may be expanded to include additional routes. Proposers must be able to provide expandable service with flexible routing in order to respond to the City's changing needs. In terms of providing the level of service required in the RFP (every 15 minutes), proposers must possess the flexibility to accommodate the City's seasonal population pattern and the variations in peak "in season" and peak "off season" demands, 4 41 coupled with our rapidly changing Downtown environment. The City reserves the right to supplement service with other service providers if needed.

The City reserves the right to begin service with modified or fewer stops and locations than shown in the route map until service demand is analyzed and routes are tailored to meet that demand. For the purpOses of proposal evaluation, the proposal should reflect pricing based on the route shown in Attachment D. The cost proposal shall assume that the Service Provider ("Contractor") shall provide "Full Service", meaning the Contractor shall provide the trolleys, operating staff, materials, equipment, all vehicle maintenance, fuel, storage facility/location when not in operation, and all administrative responsibilities. These costs and items are subject to negotiation with the City.

Vehicle Requirements. Each trolley shall be a "bus" pursuant to Vehicle Code§§ 233 (a), 408, 34500, and the successful Service Provider shall be a "motor carrier" pursuant to Vehicle Code §§ 408, 34520.

• A bus is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons; a bus is also a vehicle designed, used, or maintained for carrying more than 10 persons, including the driver, which is used to transport persons for compensation or profit, or is used by a nonprofit organization or group.

o A motor carrier is the registered owner, lessee or licensee of, among other types of vehicles, a "bus."

o Vehicles will comply with all federal, state and local laws, regulations, and guidelines applicable to the type of vehicle. used for the trolley service.

Maintenance. The City expects the following minimally:

o Vehicle maintenance is in accordance with vehicle manufacturer's maintenance schedule. o Exterior washing, to include graffiti removal, of trolley on a weekly basis. o Pick-up of trash, clean up of spills and sweep out on a dally basis.

Personnel. Contractor must employ competent and properly licensed personnel for this service, and must fully comply with all federal, state, and local laws applicable to the operation of the trolleys for this service.

The City reserves the right to establish ·uniform and appearance standards for any and all of the successful Service Provider's staff who come in contact with the public as a result of the RFP. The successful Service Provider will be responsible for the purchase and maintenance of all uniforms.

Nl Driver/Operators will be the ambassadors of the City of Palm.Springs and accordingly must possess the ability to interact with customers in a courteous, professional and friendly manner.

Contractor shall establish and provide continuing training programs for all driver/operators including at a minimum, ADA wheelchair lift and secure training, sensitivity training and defensive driver training.

Trolley operators may be requested to narrate mobile tours and/or operate a recorded tour narration on the trolley's stereo system.

Trolley operators must be able to communicate in the English language to patrons.

5 ,. Driver Qualifications. Drivers will comply with the federal, state and local laws and licensing requirements.

Substance Abuse. Motor carriers and drivers shall comply with the controlled substances and alcohol use and testing set forth in Part 382 of Title 49 of the Code of Federal Regulations. This program shall include:

• Contractor must implement alcohol test procedures. Tests will be required for pre­ employment; reasonable suspicion; post-accident; random; return-to-duty; and follow-up. Drivers who engage in prohibited alcohol misuse must be immediately removed from driving and cannot return until they been evaluated by a substance abuse professional and complied with treatment recommendations. Drivers who have any alcohol concentration (defined at 0.02 or greater) when tested just before, during, or just after driving, must be removed from performing such duties for 24 hours. Drivers who violate the alcohol misuse rules will be referred to a substance abuse professional for evaluation. Any employer who decides to return a driver to safety-sensitive duty must ensure that the driver: 1) has been evaluated by a substance abuse professional; 2) has complied with any recommended treatment; 3) has taken a return-to-duty alcohol test; and 4) is subject to unannounced follow-up alcohol tests.

• Contractor must also implement drug testing screenings. Test will be required for pre-employment; reasonable suspicion; post-accident; random; return-to-duty; and follow-up. A driver must be removed from driving duty if he/she has a positive drug test result. A driver that had a positive drug test may not be returned to duty until he/she: 1) has been evaluated by a substance abuse professional; 2) has complied with recommended treatment; 3) has a negative return-to-duty drug test; and 4) is subject to unannounced follow-up screening tests.

• Contractor will be responsible for conducting random, unannounced drug and alcohol tests. They must also provide information on drug use and treatment resources to drivers. All supervisors and officials of the successful Service Provider must attend at least one hour of training on the sign and symptoms of drug abuse. These tests must be completed by a third party.

Code of Conduct. All employees shall avoid conduct unbecoming of an employee. The Contractor shall set personnel policies prohibiting such actions. Examples of conduct unbecoming of an employee include, but are not limited to, the following:

• Any instance of use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee. • Littering on vehicles, station areas or any other City system property. • Eating in the presence of passengers or on shuttle buses. • Smoking in the presence of passengers. • .. WUiful failure to assist customers. • Willful destruction or damage to any City property. • VIolation of uniform dress standards. • Reckless or unsafe driving.

6 43 All personnel shall be trained to provide excellent customer service and to respond in a professional manner. Contractor shall be prepared to handle Senior, Disabled, and non-English speaking participants in this service. Spanish/English staff may be helpful, but is not necessary. Sensitivity and awareness of the LGBT community is also required.

Communication. The Contractor shall provide a communications system that will allow for the timely and efficient dispatching, coordination and response necessary to operate the services stated herein. At a minimum, the communications system must allow immediate communication between the dispatcher and vehicle operator at all times.

Text Messaging and Use of Handheld Wireless Communication Devices. The Contractor will implement and enforce a policy that prohibits text messaging and the use of handheld wireless communication devices during vehicle operation.

o Text messaging means reading from or entering data into any handheld or other electronic device, including for· the purpose of short message service texting, a­ mailing, instant messaging, obtaining navigational information or engaging in any other form of electronic data retrieval or electronic data communications.

o Handheld wireless communication device Includes, but is not limited to, a mobile or cellular phone, a text messaging device, a pager, a personal digital assistant (PDA), a tablet personal computer, or a laptop computer.

Seat Belt Use. The Contractor is encouraged to promote policies and initiatives that adopt and promote on-the-job seat belt use policies for its employees and other personnel that operate company-owned, rented, or personally operated vehicles.

Operating Times. The level of service for the subject route requires headway of 15 (fifteen) minutes. Service will be provided 4 (four) days per week with the following operating hours:

o Approximately 56 operating hours per bus per week (224 total hours per week): Thursday- Sunday: 11:00 a.m. - 1 a.m.

The City reserves the right to maintain flexibility in the trolley schedule. The City reserves the right to add, delete and amend services and locations as necessary throughout the term of the contract.

The initial service plan is estimated to be comprised of approximately 11,600 hours of service per year of operation. The Contractor shall include information regarding the daily supervisory needs and requirements to operate this service.

Additional Serviges. The City reserves the right to utilize the trolley service to support special events. Proposals shall provide rates for such additional services by hourly rate for operations of additional trolleys provided by the proposer. Additional vehicles may be required during special events; the City has the right to add additional vendors if the Contractor is unable to meet the needs during those times.

Non Scbeduled Stops. Trolley vehicles shall not be used to pick up or drop off passengers or Service Provider's employees at unscheduled locations without prior written authorization by the City, except in case of emergency, equipment failure, or direction of civil authorities.

Spare Vehicles. Service Provider shall provide a spare vehicle in the event of a vehicle brei;~kdown. The City does not require that the spare vehicle be identical to the other four vehicles in regular service however, it is preferred that the spare vehicle be simifar in appearance if possible so as not to confuse ridership. 7 Operations and Management Supervision: '

In addition to the rights and obligations stated elsewhere in this RFP, the City shall have oversight of Service Provider's performance including:

• Monjtoring: Monitoring the records, facilities, personnel, timetable adherence and equipment developed or used by Service Provider in the performance of its obligations under this Agreement.

• . Inspection and Removal: Inspecting any equipment at any time, and remove from service any equipment, which in the City's sole discretion, is in an unacceptable condition. ·

• Temporary Service Adjustment: At the City's sole discretion, the City may direct Service Provider to cease operation, alter destination and/or alter the route of any shuttle or buses operated under this Agreement. Service Provider shall resume normal operation of any shuttle or buses only upon receipt of approval from the City.

• Employee Removal: At the City's sole discretion, the City may direct Contractor to remove any service employee for conduct unbecoming an employee as stated herein.

• Employee .Breaks and Rest Periods: Contractor shalf abide by all federal and state laws regarding employee breaks and rest periods. Service Provider's proposal should accommodate appropriate rest and meal break periods for employees with minimal impact to scheduled service when possible. This may include providing relief drivers and should be accounted for in the cost proposal if necessary.

Vebfcle Specifications. Maintenance and Repairs:

Rolling Stock. The City has not made a determination of the specific type of vehicle to use for this program. That determination will be made through this RFP process. Submitters are encouraged to submit multiple fleet options with pricing for the City's consideration provided they meet the requirements set forth in this RFP and can accommodate at a minimum of 22 seated riders inclusive of ADA requirements. Note also that preference wHI be given to vehicles using alternative fueling sources to gasoline or diesel. There is the availability of CNG at a large fueling station at the Palm Springs International Airport.

Age of Vehicles. When providing a list of proposed vehicles, include the age of the vehicle wlthih the proposa I.

ADA Access. All vehicles used for shuttle service must meet ADA requirements for public transit service or provide reasonable accommodations. All vehicles used for shuttle service must be wheelchair accessible and must be configured to transport at least one (1) wheelchair passenger at any time. ·

Vehicle Inventory. Service Provider shall provide the City a detailed inventory of the four (4) primary vehicles to be used for the shuttle services required herein as well as the one (1) spare vehiCle that is not required to be identical to the four primary vehicles. Said inventory list shall include the Vehicle Identification Number, month and year of chassis manufacture, make, model, wheelchair capacity, seated capacity with one (1) wheelchair position in use, maximum seated capacity, description of wheelchair accessibility features (ramp, lift, securing system).

Identification. Primary Vehicles shall display removable signage provided by the City. This signage may be removable magnetic signage that could be removed when not in use, or a full 8 45 VElhicle wrap depending on the type of vehicle proposed and the availability of the vehicle proposed. This signage shall be displayed on the two sides of the primary vehicles at all times during shuttle service operations as well as on the front and rear of the vehicle if applicable. City reserves the right to modify this signage depending on the type of vehicle selected. Vehicles may not display the Contractor's logo; however, when required by applicable Jaws or regulations may display the Contractor's name and vehicle identification number. When in shuttle service, the interior of primary vehicles shall be signed with service identification including; City of Palm Springs and the route name as instructed by the City. In addition, primary vehicles shall have interior signage approved by the City stating; "For Service Comments, Contact 760- and, "This is a free service to passengers. Drivers cannot accept tips. • All City of Palm Springs identifying signage shall be removed when vehicles are not in use for the City of Palm Springs Trolley service.

Vehicle Qualification. Any vehicle proposed as a primary vehicle must receive an inspection and approval from the City's Project Manager or his/her designee prior to use for shuttle services upon execution of contract.

Vehicle Seating Requirements. The City wiil require a minimum seating capacity of 22 seated passengers including one (1) wheelchair. The City's preference, but not a requirement, is for perimeter seating rather than rows of seats.

Vehicle Rejection. The City's Project Manager, at his/her sole authority, may notify Contractor to remove any primary vehicle from service for non-compliance with the vehicle requirements of this Agreement. Contractor shall replace said primary vehicle with a City approved vehicle within thirty (30) calendar days. A suitable replacement vehicle will be placed in service during the hiatus to avoid interruption in service.

Vehicle Maintenance Plan and Practice. The Contractor shall maintain all components of each vehicle including its body, frame, furnishing, mechanical, electrical, hydraulic or other operating systems in proper working condition free from damage and malfunction. The Contractor shall replace and repair immediately any vehicle damaged in any accident or other damage which impairs the proper and safe mechanical operation of the vehicle. The Contractor at Its sole cost and expense, shall maintain inventory of and provide fuel, lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services (depending on the level of service agreed to in the contract). Vehicles must be kept clean including exterior washing at least weekly, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris.

The City requires servicing of all vehicles at successive 6,000 mile intervals or the recommended vehicle manufacturer's specifications, whichever is lower. A more extensive inspection and servicing shall take place at 12,000 mile intervals or as specified by the recommended vehicle manufacturer, whichever is lower.. In the event that towing of any vehicle Is required due to mechanical failure or damage, Contractor shall be responsible to provide such towing at Contractor's sole expense.

Dally Repairs. The passenger amenities and safety appliances listed below shall be functionally inspected each calendar day on all vehicles which are dispatched for shuttle service and/or Extra service. Defects shall be remedied as an integral part of the inspection process prior to dispatch.

• General illumination lights • Headlights • Indicator lamps • Warning lamps • HVAC 9 46 • Upholstery condition • Seat frames • Windshield wipers • Emergency lights • Signage • Fluids (levels only) • Safety appliances • Wheelchair lift/ramp function • Wheelchair securing devices

Under no circumstance shall a vehicle be dispatched for shuttle service and/or Extra service with any amenity or safety defect. A record of all such inspections shall be maintained by the Contractor and be made available to the City at the City Project Manager's request.

Air Conditioning Standards. The Contractor needs to be mindful of the temperate wintertime temperatures and extreme summertime temperatures In Palm Springs. All shuttles shall have working cooling systems which shall be available during all times the shuttle is in service. Cooling systems shall be capable of maintaining the interior temperature of the shuttle at 77 degrees Fahrenheit. With passengers on-board, regardless of the outside temperature, the interior temperature of the shuttle must be no greater than 80 degrees Fahrenheit within sixty (60) seconds of closing the shuttle doors.

Cleaning. All shuttles shall have had a minimum of a dally cleaning when made available to the City for service. Refuse, newspapers and other recyclable material remaining on board shall become the property of the Contractor. However, items of specific interest to the City and other authorities, e.g. illegal drugs, weapons, illegal substances, shall be retained as these entities request. At least once weekly, primary vehicles used to provide shuttle service under this Agreement must receive a detallE:~d cleaning. Weekly cleaning, at a minimum, must include the following: • Exterior Wash • Interior windows cleaned • Mopping of non-carpeted floors with clean water and appropriate cleaning solution • Vacuuming of carpeted floors • Wiping down of non-upholstered seats with clean water and appropriate cleaning solution • Vacuuming of upholstered seats • Wiping down of all hand rails with clean water and appropriate cleaning solution

Upon beginning route vehicles shall meet the above appearance condltions.

Service Modifications. The City may change the scheduled service hours/days dUring the pilot project. The City wiii work together with the Contractor to plan for any scheduled service hour or day changes and provide proper written notice to the Contractor in advance. The proposer should note that the City conducts a weekly Thursday night street fair along Palm Canyon Drive, when the street is closed to vehicular traffic, and a number of weekend street closure events along Palm Canyon each year. The development of a well-publicized alternate route for those periods will be one of the keys to the success of the pilot program.

Customer Service. Vehicle operators shall be familiar with their shuttle route and shall answer passenger questions in a courteous and informative manner. Vehicles providing shuttle service stated herein shall maintain a supply of literature provided by the City including but not limited to SunLine schedules, trolley route maps and schedule. Said literature shall be displayed in appropriate receptacles approved by the City and be available to passengers upon request. Contractor shall coordinate with the City to ensure an adequate inventory of literature. 10 47 Marketing. The City will assume all responsibility for marketing the public use of the Palm Springs Trolley Service operations through advertisements or other promotions. Contractor will place City approved promotional materials, public information notices and advertising materials in interior areas of the primary vehicles pursuant to procedures established by the City.

Advertising. Contractor shall not utilize the interior or exterior of primary vehicles operated in shuttle services for the display of any written or printed advertising, promotional material, or public information notices unless authorized by the City.

Damage to Property. Contractor shall take care to not damage the Trolley customer's property (e.g. bicycles) while performing transportation services. Contractor shall be responsible for all damage to the Trolley customer's property caused by actions or inactions of the Contractor. Contractor shall take care to not damage the City of Palm Springs property (e.g. station~. signage) while performing transportation services. Contractor shall be responsible for ali damage to City property caused by actions of the Contractor.

Project Manager. Contractor shall designate a Project Manager who will oversee the complete operation of services detailed herein and be the primary point of contact for the City or its agent. The Contractor shall provide the email address, land line and cellular telephone number of its Project Manager prior to beginning service. The Contractor will also provide the email address, land line and cellular number of an emergency contact thatthe City may use 24 hours per day, 7 days per week in the event that contact is required outside of normal business hours. The Project Manager shall have at least five (5) years experience in bus/shuttle service operations. The Contractor shall provide in resume format, background information on this individual to include his or her direct experience with similar projects.

; Contractor must notify the City within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. Contractor must replace Project Manager with an interim Project Manager within one (1) business day if said Project Manager Is removed from his/her duties under this Agreement.

Contractor shall make every effort to permanently fill vacant Project M~nager position within thirty (30) days. Replacement Project Manager must be approved by the City.

Vehicle Operator Responsibilities:

Responsibilities and Duties of Vehicle Operators include but are not limited to:

• Operate the vehicles in a safe and timely manner; • Be courteous to all passengers and the general public; • Cooperate with the City's project manager and City agents; • Distribute or collect handouts, surveys, etc. as may be required; • Be neat and clean and in proper uniform; • No acceptance of gratuities; • Have a thorough knowledge of route schedule; • Make service announcements as requested by the City; • Do not or allow passengers to smoke on vehicles; • Do not permit loud or raucous behavior on the vehicles; • Count and record passenger boarding for each trip; • Provide service free to all passengers; • Maintain route and timetable without deviation; • Inspect his/her vehicle for functionality and safety prior to each departure from the garage; • Assist passengers boarding and exiting vehicle as needed; II 48 • Operate the wheelchair lift for passengers requiring or requesting such servis;e (whether they are in a wheelchair or not); and • Secure wheelchair passengers using vehicle securing devices.

Reporting Requirements:

Reporting and Recordkeeping Requirements. The Contractor shall maintain complete ahd accurate records of all operator services and other Agreement activities carried out during the Agreement period. Contractor shall maintain records of all maintenance of primary vehicles. The Contractor must supply the following reports to the City as the City requests. The format of these reports shall be developed by the Contractor and subject to the review and written approval of the City.

Immediately: • Loss of life, injuries, stoppage or major disruption of service. • Any order imposed by a competent regulatory authority which prevents the continuation of service.

Daily: • Daily operator reports are relevant back up Information to the monthly program reports. The content and form of the operator reports shall be mutually agreed upon by the City and Contractor and would typically include hourly ridership information and total miles traveled.

Monthly Program Reports: • On the tenth working day of each month, Contractor shall submit to the City a Monthly Program Report documenting the amount of services provided in the previous month, a project cost report documenting the cost of services provided in the previous month and an invoice. Typical reports shall include, at a minimum:

• Route mileage • Daily ridership • Hours of service • Customer service statistics • Service incident summaries • Service evaluation analysis • Customer comments, complaints and resolutions • Safety performance • Accidents or safety issues will be reported immediately to the program manager • Maintenance performed • Missed trips '

Invoices. The Contractor will be required to provide the City with monthly invoices for service with copies of time records and other documents necessary to support invoices fpr each route.

Management Meetings. Upon contract award, monthly management meetings will be held between the City project manager and the Contractor's staff to review the previous month's data and reports, exchange information to coordinate service effectiveness and resolve any pending issues affecting the provision of service.

Customer Service. The Contractor will be required to maintain a local public customer service telephone number which can be advertised as the main source of information for the service. Additionally, the Contractor will create a website page for information and feedback that will be . available online to the public. The City will provide a link from its website to the Contractor 12 49 webpage created for this purpose. All costs associated with this service shall be borne by the successful Contractor .

. Program Responsibility Point of Contact. The City will identify in writing the name and contact Information for the individual(s) designated as The City's administrator for the contract.

4. PROPOSAL REQUIREMENTS:

The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements.

Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified In the scope of work and to Include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and Indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP.

5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (RFP} format. Accordingly, proposers should take note that multiple factors as identified In the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. ·PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted.

6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria ( 100 total points possible):

A. Firm I Staff I Team (including any subcontractors) Qualifications and experience In providing similar services and equipment as defined in the RFP, including References (15 POINTS)

B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work (10 POINTS)

C. Work Proposal, including detailed proposed methodology and approach, Inclusive of aU necessary equipment, materials and labor necessary to provide the trolley services as requested in the Scope of Work. Include discussion on themed experience for riders; specific detailed equipment information and photos; service continuity plan; and specific tasks required of City staff, as more fully described in Section C. (25 POINTS)

D. Detailed Project Schedule, including equipment lead-time, in order to implement the project if awarded the contract. (15 POINTS)

E. Local Preference (5 POINTS) Firms that qualify as a Local Business, or employ local sub­ consultants, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, mayl be awarded to those that qualify as a local Business. Two (2) points may be awarded to a non-local business that employs or retains

13 50 local residents and/or firms for this project. Non-local firms that do not employ or ret~in any local residents and/or firms for this project shall earn zero (0) points for this criteria.

F. Cost Proposal (30 POINTS)

PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation commltt!')e has no knowledge of the firm, their qualifications or past projects.

7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be In an 8 'l.t X 11 format, using a 12-po/nt font and may be no more than a total of thirty (30) sheets of paper (double sided Is OK), including a cover letter. NOTE: Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda acknowledgments, requested Photos and the separately sealed Cost Proposal do NOT count toward th.e page limit. Interested firms shall submit SIX (61 copl.es • (one marked "Original" plus five (5) copies) of both your Technical/Work Proposal and your Cost Proposal by the deadline.

Ali proposals shall be sealed within one package and be clearly marked, "RFP #12-14, REQUESTS FOR PROPOSALS FOR TROLLEY SERVICES PROVIDER". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Technical/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive.

EACH PROPOSAL PACKAG.E MUST INCLUDE 1WO (2~ SEPARATELY SEALED ENVELOPES:

Envelope #1, clearly marked "Technical/Work Proposal", shall .Include the following Items: • Completed Signature authori~tion and Addenda Acknowledgment (see Attachment A) • If applicable, your specific request for Local Preference (see Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B)

In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.

TECHNICAL/WORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, D and E :

SECTION A: FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS AND EXPERIENCE, INCLUDING REFERENCES

A.1 Follow the instructions and properly complete and execute both Attachment "A" and Attachment "B" that are provided in the RFP and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a Jurisdiction in the Coachella Valley is to also be included here.

A.2 Describe the firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with relevant projects successfully completed of similar size and scope. 14 51 • A.3 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub-contractor's qualifications, background and specific expertise that they bring to the Project.

A.4 List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications, including a resume, of the Project Manager that will be assigned to the Project.

A.5 Include at least three (3) references. You must include the name of a contact person, their title, and a current phone number and email address along with a brief description of project associated with the reference, including the role of the respective team member, and the project start and end dates.

SECTION 8: PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK

8.1 · Carefully review and Vfi!rify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration.

8.2 Without reciting the information regarding the Project verbatim as contained in this RFP, convey your overall understanding of the Project and an understanding of the City's expectations upon implementation of the Project.

8.3 Identify any "key" or "critical" issues that you believe may be encountered on the Project based on the firm's prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the Project.

SECTION C: WORK PROPOSAL

C. 1 Proposer should refine and/or expand the Scope of Work to reflect their understanding of the project and include a detailed technical work proposal, including proposed plan, methodology and technical approach, inclusive of a detailed proposed equipment list, all other material and equipment , and all labor (work plan), including administrative duties, necessary to fully execute and provide the trolley services as requested In the scope of work. Identify all tasks and sub-tasks required to successfully implement all phases of the project.

C.2 The project calls for a themed experience for riders of the Palm Springs Trolley Service. Describe, in general, how your company will partner with the City to provide such an experience.

C.3 The City has not made a determination of the type of vehicle to use for this program. That determination will be made through this RFP process. Submitters are encouraged to submit multiple fleet options for the City's consideration provided they meet the requirements set forth in this RFP. Describe In detail the make, model, year, fuel type, capacity and other details of each vehicle proposed for use. You must provide information on at least four (4) identical vehicles available to service the program. Provide at least one (1) clear, color, interior photo and at least one (1) clear, color, exterior photo of each vehicle at a minimum size of 5 x 7. (Professional printing is not necessary, but please incorporate the photos into your submission).

15 52 Indicate the location at which vehicles will be housed when not operating as the City of Palm Springs Trolley Service. The City reserves the right to inspect vehicle storage location with proper notice given to the Contractor. Note that preference will be given to vehicles using alternative fueling sources to gasoline as well as possible Trolley type vehicles.

C.4 Describe in detail the methods to be used by drivers and the program operator for ensuring continuing service during mechanical difficulties or breakdowns that affect the program during or before/after shuttle operating hours. Further describe how the operator will remain In contact with the City's project manager(s) during shuttle operating hours.

C.5 Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.

SECTION D: PROJECT SCHEDULE

D.1 Proposer shalf provide a detailed Project Schedule, including all tasks and sub-tasks, as well as equipment lead-time, in order to implement the project if awarded the contract.

D.2 Discuss lines of communication necessary to maintain the project schedule. Discuss the key issues that could impact the schedule and ways to minimize or eliminate them.

SECTION E: LOCAL PREFERENCE

E. 1 · Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a vali(j physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business .on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes. of this definition, "Coachella VaHey" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract . from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.

In order for a business to be eligible to claim the preference, the business MUST request tf!e preference in the Solicitation response {see Attagbment Al and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing focal residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility.

E.2 List all team members with local expertise. Clearly define their role in the overall project.

16 - 53 ' COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section F below:

SECTION F: COST PROPOSAL (*see Instructions In Section 6 above and Attachment "C'?

F.1 The cost proposal (in a separate sealed envelope, with 6 copies, 1 marked "original") shall be a Total Cost proposal to operate the Trolley service for a 1 year (pilot) period. The cost shall be broken down and itemized showing the separate costs for Labor, all Equipment, Equipment Maintenance, Equipment Fuel, Storage Facility/Location cost, and any and all other associated costs to provide the Trolley service. The above mentioned costs MUST be specifically itemized and identified ("maintenance"; "fuel'; "storage facility/location• etc.} In order for your Proposal to be considered responsive. Failure to do so may result in the rejection of your proposal. The City may negotiate the costs and structure of various components of the program if it deems it to be in the best interest of the City. PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN. THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment ·c· provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachment "A" or Attachment "8" in the Cost Proposal, Envelope #2,. Attachments "A" and "B" are to be included in Envelope 111. "Technical/Work Proposal".

8. GENERAL AND SPECIAL CONDITIONS:

DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, FEBRUARY 25, 2014. Proof of receipt before the deadHne is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to:

City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager

QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below W!bb be cause for rejection of a proposal.

8ID! questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to:

Craig L Gladders, C.P.M., Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323·8238 or via EMAIL: [email protected]

17 54 • Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M •• Local Time, Tuesday, February 18. 2014. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "E"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties.

The term of the agreement that is awarded as a result of this RFP shall be in effect for one (1) year during the pilot program, subject to the option to extend the agreement at the mutual consent of the parties.

Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements In connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on.

AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the bes.t interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal.

RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.}, the proposal shall be rejected.

PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and

18 staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.

Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to .establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential, • "Trade Secret, • Proprietary, • or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.

If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the Slate 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON­ RESPONSIVE.

COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.

BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax".

INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qoalified to carry out the obligations of the Contract and to complete the Work contemplated therein.

NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non­ Collusion provided as Attachment "B" in the RFP and Include it with their proposal.

PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the Insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate 19 56 language, insurance requirements, terms. or conditions may be considered in the evaluatiQn process; however, the City makes no guarantee that any exceptions will be approved.

20 57 REQUEST FOR PROPOSALS (RFP 12·14)

FOR

TROLLEY SERVICES PROVIDER

ADDENDUM NO. 1

This Addendum is being issued for the following changes and informational items:

THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and is hereby providing answers thereto:

Q 1: Will the City of Palm Springs consider providing a par1

A 1: While the RFP indicates that the preference of the City is for the provider to secure their own location for the parking/storage of the vehicles (as well as any office facility they may require}, the item may be open for discussion during contract negotiations with the successful firm. However, for the purpose of preparing a proposal, prospective firms should assume that they will be responsible for securing these facilities on their own.

Q 2: Please provide the anticipated start date of the pilot program.

A 2: The original anticipated start date for the program was April 1, 2014. However, the actual start date of the program will be dependent on the lead time for the procurement of vehicles by the vendor, if any, and any modifications - Including wrapping the vehicles - required by the contract.

Q 3: Currently, our company installs Drive Cam (an event triggered device that records sudden stops, aggressive turning, or an accident) on all vehicles to manage unsafe driving habits and minimize accidents. Would the City object to the contractor installing Drive CAM on the vehicles?

A 3: The City did not require Drive Cam in the vehicles in the RFP, however, the City would not object to their installation at this time. 5 8 Q 4: Please indicate whether billable time will begin once the vehicle leaves the contractor site or the time the vehicle arrives at the starting point.

A 4: This is an item to be worked out in the contract negotiations. If the vehicles need to travel, for example, an hour each way to and from the shift from the storage facility, that will add significant cost to the overall operation - and ultimately borne by the City either way, either through the vendor embedding that in a higher per unit cost or the City directly paying It as the additional time on the route. It Is the City's desire that any vendor would store the vehicles as close to the route as possible

Q 5: Is there a living wage ordinance in effect for this service that all bidders should factor for in their pricing?

A 5: No.

Q 6: "Effective 2014, the Affordable Health Care Act will incur significant costs to contractors in the area of personnel benefits. Since its signing into law in 2010, the Act has had little impact on bid pricing, and many contractors have chosen to disregard the cost implications of this act in price proposals. While we consistently budget these costs in our operations, our company has been challenged in procurements when competing against those companies whose price has been artificially lowered by failure to comply with the provisions of this law. In an effort to ensure compliance with the Affordable Health Care Act, we respectfully requests Palm Springs takes one of the following actions: • Mandate that all bidders comply (in both technical and price proposals} with the provisions of this act effective January 2014, and submit official certification of compliance; and I or • Provide benchmark costs per employee for healthcare obtained through the Affordable Health Care Act; thus ensuring that all bidders are using the same per person costs when projecting participation levels and overall cost relative to benefits; or • Provide adequate assurances that Palm Springs will open contract negotiations at the time that this Act impacts employers (and not before}; thus allowing bidders to submit price proposals based on the current costs of doing business, with this Act not yet set into law.

A 6: As provided in the RFP document, In the Contract Services Agreement, Section 1.2, the City expects that all contractors shall be compliant with all applicable federal, state and local laws:

"1.2 Compliance with Law, Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations."

Contractors are responsible for preparing their cost proposals taking into consideration their compliance with all applicable federal, state and local laws and therefore the City will not set benchmark costs per employee nor shall the City re­ open contract negotiations in the future due to changing costs of doing business.

Q 7: Please verify that there is no Disadvantaged Business Enterprise goal established for this contract and that a good faith effort is not required. 59 A 7: There are no DBE requirements for this contract. Q 8: Please indicate whether the City has space for 5 trolleys and office space for the contractor to use.

A 8: See answer to Question #1.

Q 9: Page 7 of the RFP states approximately 11,600 hours. Should all bidders use 11,600 as the baseline for the pricing submittal?

A 9: The City anticipates that the program would operate 11,600 hours over the first year of the pilot program. However, the City also wants to retain the ability to increase or decrease the level of service even during the pilot period, based on usage and experience. The proposer should discuss how their per unit cost would be handled In each event, I.e. if service levels were Increased It Is likely that they could be Increased at the same per unit cost as the baseline cost. On the other hand, a decrease In service may have a more unpredictable effect on pricing and the proposer should discuss what those factors may be.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA

Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: February 13, 2014

ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Authorized Signature: ______.Date: _____

Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive.

60 REQUEST FOR PROPOSALS (RFP 12-14)

FOR

TROLLEY SERVICES PROVIDER

ADDENDUM NO. 2

This Addendum is being issued for the following changes and informational items:

THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and is hereby providing answers thereto:

Q 1: Are there any technology requirements for the communication system?

A 1: No.

Q 2: Does the Project Manger need to be located in Palm Springs?

A 2: No, however, he/she must be readily accessible and able to respond In the event of an incident, or at the request of the City.

Q 3: Does the city have an anticipated amount of service hours for special events?

A 3: No, however any additional hours of service beyond the baseline in the . RFP will be negotiated between the City and vendor at a unit cost.

Q 4: Will the special events take place during the normal service hours of the trolley service?

A 4: Yes, It Is possible that special events will take place during the normal service hours of the trolley service; however, not all special events will take place during trolley service hours. See answer to Question 3 regarding any additional hours of service.

61 Q 5: Page 5, second paragraph, last sentence, states the city would be willing to negotiate on some of the "full service" items at a later time. What specific items would the city be willing to negotiate on?

A 5: At this time, the City Is requesting that all Items be priced as part of your proposal. The specific Items wf/1 largely depend on what Information we receive from the proposers to this RFP and therefore we cannot speculate at this time as to which Items may be negotiated, If any.

Q 6: If the city is willing to negotiate on parking space, would it be at a discounted rate or at no cost?

A 6: At this time, the City Is requesting that all items, Including parking/storage space, be priced as part ofyour proposal. po not assume that the City will be able to provide parking or storage space, or that it would be provided at a discounted rate or no cost by the City. Any negotiation on this topic would not be considered until after the City has reviewed all of the proposals received.

Q 7: Does the city currently have available parking space to determine if negotiating is even a possibility?

A 7: See answer to question # 6 above.

Q 8: Page 11, under damage to property, states "customer property (e.g. bicycles)" however the bus specs don't include a bike rack. How does the city anticipate bike storage of riders to be handled? Would the city find it acceptable for riders to put bikes inside vehicle?

A 8: It would be the City's preference to store bikes on bike racks on the outside of the bus. We would not find it acceptable for riders to bring bikes inside the vehicle as that would take away space for passengers to board during busy periods and take away from the passenger experience that we are trying to achieve.

Q 9: For cost purposes does the city know how long the loop takes?

A 9: The City estimates, subject to change, it will take approximately one (1) hour . to travel a complete rotation along the proposed route. The proposed route is approximately 14 miles long and it is anticipated that with stops, the trolley/bus would travel at approximately 13 miles per hour. It is our expectation that more detailed testing of the route, including the use of an actual bus with stops in place and passengers boarding/departing, would be carried out by the selected vendor prior to finalizing the route, number of stops and required headway.

Q 10: Has the city determined whether or not the required headway can be met with four buses in service?

A 10: See response to question #9 above.

Q 11: Can the city provide a list of tentative stops so that contractors may run miles and time calculations?

A 11: The City does not have a list of tentative stops at this time, however we 6 2 anticipate between 10 and 20 given the length of the route and the desire to keep the timing for one complete rotation at approximately one (1) hour so that with 4 vehicles, the wait time will be 15 minutes or Jess. The exact locations wlfl be determined taking Into consideration ADA accessibility, existing bus stops, ease of access in and out of traffic, and other considerations that will need to be evaluated in greater detail prior to program launch.

Q 12: Does the city anticipate p.utting out a long term contract if the pilot program is successful? I

A 12: Yes.

Q 13: Number of planned stops.

A 13: See answer to question# 11 above.

Q 14: Will there be service during holidays?

A 14: Yes.

Q 15: If the city decides to have the vehicle wrapped, who will be responsible for the expense?

A 15: The City.

Q 16: Is the city able to provide CNG or unleaded gasoline as a way to mitigate expenses?

A 16: No. As stated In the RFP, the Service Provider shall provide ''full service'~ Including fuel.

Q 17: Can the city provide ovemighVoff line parking for the shuttles?

A 17: See answer to Question #6 above.

Q 18: Please forward a different route map. The one provided with. the RFP not legible,

A 18: The City posted a very clear, legible route map to the City's website on February 3rd as a result of feedback during the pre-proposal conference held earlier that same day. We have no clearer map to provide, but encourage you to open and view the pdf route map as posted on the website at www.palmsprinqsca.gov Click on Government, then Departments, then Procurement & Contracting, Open Bids and Proposals. The route map is posted with the Trolley Services Provider RFP 12-14 documents.

Q 19: During the meeting, there was reference made to a similar program being provided at WeHo, is it The Pick Up service?

A 19: Yes, the West Hol/ywood program Is cal/ed '7he Pick Up" service.

Q 20: Will a firm commitment to hire local employees help the vendor qualify for local Preference?

· A 20: The Issue of Local Preference is clearly explained in the RFP document on 6 3 page 13, Section 6, "Proposal Evaluation Criteria", item E. Local Preference is also discussed In more depth on page 16, Item E.1 "Local Preference". Please carefully review these sections.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA

Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: February 19, 2014

ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Authorized Signature: ______Date: _____

Acknowledgment of Receipt of Addendum 2 Is required by signing and Including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result In your submittal being deemed non-responsive.

64 EXHffiiT "C"

CONTRACTOR'S PROPOSAL

65 720669.1 •

· Unconditional Satisfaction Guaranteed Warranty

MV Transportation is pleased to provide the fOllowing unconditional warranty lo the City of Palm Springs. · ln the event MV is selected to provide 8ervices pursuant to .the City's Request for Proposal for Trolley ServicesProvider, in addition to any contractual warranties and remedies that • the City .is entitled to under the contract, MV will warrantils service as follows: lnthe evenftheCityis dissatisfied with MV's service for any reason during. the · term of the contract, the City may terminate the contract. In the event the contract is so terminated, MV will rafund to the City any and all profits made by MV resulting from this contract, during the final 12 months during the period prior to •. . ·. · the termination. ·

) 66 ·.. Proposal to City of Palm Springs fot Trolley Services

Table of Contents Section A: Firm, Staff, Team Qncluding any subcontractors) Qualifications and Experience, Including ·References ...... ,...... :...... 3 · .· A.1. Attachment A, Signature Authorization Form and AttachmentS, Non Collusion Affidavit Form .... 3 · A.2. Firm's Background andQualificatlons ...... ~ ...... 3 A.3. Subcontractors ...... 5 A.4c Key Staff ...... ,...... 5 A.5. References ...... :...... , ...... 6 SecUon B: Proposal Organization, Conformance with RFP Instructions, and Demonstrated Unclerstanding . of the Overall Project and RequestedScope.ofWork ...... :...... ,...... 7 8.1. Conformance of Proposal Submission ...... :...... ? 8.2. Overall Understanding of Project.; ...... ,...... ~ ...... 7

8;3~ Crifieal Challenges ...... :...... :...... 7 Secfion C: Work Proposal...... ;...... ,...... 9. C:1. Addressing. Scope of Work ...... ,.... ;.. :...... ,...... 9· C.1.a. Vehicle Operator Responsibilities ...... ,...... 18 c: tb. Reporting Requirements ...... 21 C.2. Providing Quality PassengerServices ...... ,...... ,.: ...... 22 Vehicle. Specifications ...... : ...• :...... 22 C.3. . . ' . ' . C.4. .Ensuring Service Continuance During .Service Disruptions ...... :...... 23 C.5. Responsibilities of City andMV...... ;..... ,...... 24 · · .. SectionD: Project Schedule ...... ,...•..... , ...... ~ ...... 26 . D.1. ·Startup Schedule ...... ,...... ,...... ,...... ,...... 26 .. D.2. Lines of Communication ...... 26 ··Section E: local Preference ...... 27 E.1. .Attachment A ...... ;...... , ...... •...•. ,.: ...... :...... 27 • E.2. Project Oversight ...... ~ ...... : ...... 27 · · · .··Section F: Cost Proposal ...... 29 F.1. AttachmentC ...... 29 )

Page 1 67

MY n=i.AflsPORTATION. INC. Proposal to City of Palm Springs fot Trolley Services • Cover Letter

February21, 2014

. i Mr. Craig Gladders, C.PoM. Procurein.ent & Contracting Manager . Office ofProeurement &Contracting .3200 East 'rabquitz Canyon Way Pabn Springs, CA 92262

.· De..r Mr. Gladden.: MV Tt:arisportation, Inc. and all subsidi.\ries, jomt ventures, partn!'IShips and affiliates, (or "MV") · greatly appreciates the opportunity to submit itS proposal ID. respolise to the City of Pabn Springs' Request for Proposal Number 12c14 for Trolley Services Provider. I am hopeful that MV's . detnonstrated. breadth. ofexperience. and. tenure ln the ID.dustty offers ai;surance that it!s a stable and qualified partner. · . As required, 1f\Ps proposed operatfu.g plan is coll.tained herein. This. plan follows MV'.s guicling · rilanageinent philosophy that .service quality need not have. a .direct relationship to operating cost; . rather it is created from a positive work enviroiunent that supports proactive employee relations. and • professional development. . I .am the senior vice president authorized to mike representations for MV Transpo¢1tion, Tile., to ID.clude all its subsidiaries, jomt ventures, partnerships, and affiliates (the biddfu.g eiltity); lam the· City's seconckry contact and I can be reached any .tiine of day at (623) 340-3209 (phone) or [email protected]:n (email). · . Jnstin Pate, vice presideiit is your primary contact for this procurement. and .he can be reached any time of day a.t (214) 662c0499 (phone} or [email protected] (email). Please. direct all cortespondence related to this and all future procurements to MV's bid office located at 479 Mason Street, Ste, 221Vaeaville, CA 95688 . . thank you for your Consideration; I encourage you to select MV Tt:arisportation as your partnet for .. the provision of the City of Pabn Sprfu.gs' Trolley Services. We look forward to working with you throughout this procurement.

cobedo,Jr. or Vice President

Page2 68

MV T'RANSPOIItTAT~ON. INC. Proposal to City of Palm Springs for Trnlley Services • Section A: Firm; Staff, .Team (including any subcontractors) Qualifications and Experience, · Including References

At Attachment A, Signature Authorization Form and Attachment B, Non Collusion Affidavit Form MV has included a signed Attachment A, Signature Authorization Fonn and. Attachment B, Non Collusion Affidavit Fonn at the end ofthia section.

A2, Firm's Background and Qualifications MVTimlsportation, Inc. was founded in 197,5, in. the San Francisco Bay. The oviners and original fotinder$, Fey-san and Alex LOdde, fonned an agreement with the City of San Francisco to provide transportation to persoll5 with disabilities. The Loddes acquired three vans and pioneered transportation· ofp=ona with disabilities in the Bay Area 15 years in. advance of the historic passing of the American With DiSabilities Act into law in 1990. Over the next~ci decades the company grew from a local company to a national !nultimodal mmsportation provider. In total, MV Transportation, Inc. and its subSidiaries have been providing . transportation serVices for 58 years. Today; the company retnains the nation's largest American-owned passenger transportation company. The MV name represents MV Transportation, Inc. aiid its affiliates, which .include MV Public Transportation, Inc., MV Contract Transportation, Inc.; MVT Canadian Bus, Inc.; and Reliant Transportation, Inc. • SUccess and Accolades .· MV has been recognized by industry associations, co=unity organizations, and businesses across the U.S.· for its· successful operations. ln recent years, the c0 tnpany has been recognized for its part in the development of local minority owned, w0 men owned, and small bushlesses. . In the fall of 2013, its customer, the Greater Orlando Aviation Authotity, recognized MV as the 2013 Small Business Advocate of the Year. ThiS honor recognizes MVs cotntnitment to promoting · smaU bushlessesc In Houston Texas, MV iS actively involved as a mentor for the InteragenCy Guiding Proteges to Success Program (IGPS). ThiS joint venture of the Metropolitan Transit Authority of Harris County (ME1RO), the. City of Houston, the Houston Independent School.· DiStrict, and the Port of Houstc;>n Authority builds tneaningful relationships between established companies like MV and loc.al sinan businesses, as well as minority owned and women owned businesses . . In 2007, the Conference of Minority Transportation Officials (COMTO) selected MV as the Corporate Citizen of the Year. MV also received the prestigious MSVP Quality Excellence Award for the Microsoft Corporation for its shuttle work in Redmond, Washington. Additionally, Inc. Migazine featured MV in its List of An:terica's Fastest Growing Companies, and BlackEnterprise Magazine B.E. included MV in its 100 list for eight consecutive years. Cal:ibasas C!lstomerPrQfi/e MV and its affiliates contract with cities, counties, speci.al-purpose districts (both chartered and ) gove=ental), federal agencies, as well as private companies toptovide customer-focused passenger

Page3 69

MVTRAN!IPORTATJOJ'II,INC. Proposal to City of Palm Sprihgs for Trolley Services • transportation services. The company's history of satisfied. custom.ers and solid financial backing demonstrates its reliability and stability as a strong corporate p~et. Further, the organiZation's dedication to serving the transportation needs of individual comtt1unities is eVident in its opC::rations and manifests in· a myriad ot functional approaches .that promote customer care, levemge new technologies, toecogniZe best practices, and control operating costs. While each of MV's eustomers differ in size, service mode, scope, fleet composition, and operating environment, each trust :M:V to provide safe, reliable, professional transit .service. Those customers With operations most similar to those of the City are listed as references. Breadth of Experience MV offers .effective solutions in passenger transportation to cities, coUilties, transit agencies and private coJ;Ilpanies. Its. breadth of experience encompasses fiXed route, flex route, shuttle service, comtmiter service, as well as disabled transportation/paratransit, demandresponse, brokerage .and call center serviee, and non-emergency Medicaid transportation {NEMT/NET). Most of MV's operations include the ptoVision of ancillaty services, including .bu5.11laintenance, trip reservations and scheduling/call center, operator training, transit techilology and support, facility ri:ulnagement and maintenance, among many other services common to transit.confracts. · MV operates more than 140 contracts in North Anietica that have elther fiXed route, .flex route, commuter bus, and/o:r: shuttle components. Its scope of opemtions comprise Faitfax County's: CONNECTOR se:r:vice, Orange County Transit Authority's (OCTA) Exptess Bus and Stationlink services, and the RTC of Southern Nevada's Fixed Route services in Las Vegas, Nevada. Within the Southern Califomia/gteater Los Angeles Metropolitan area alone, MV operates more than 700 fiXed route transit buse8; and provides more service than any other contractor on behalf of the Los • Angeles Departlllent ofTranspo$tion (LADOT). Relevant Project Experience Please refer to the company's trolley experience specific to the City ofPahn Springs outlined below...... San Pedro Downtown Trolley Service, San Pedro Historic Watetfront Business Improvement District · (San Pedro, CA) MV began operation of trolley fiXed route services for the San Pedro Historic Waterfront Business improvement Districtin 2012. This free service provides transportation for tourists and residents throughout the San Pedro downtown area, connecting passengers to galleries,. museums, shops, restaurants, and other local attractions. Using two trolley vehicles, this service runs year-round, With expanded service during tbe summer months. · Fixed Route and Ca/1-A·Ride Services, City of Morro Say (Morro Say, CA) · MV has provided transportation services for the coa.stal City of Morro Bay since 2001. :M:V operates

a fiXed route service Within City limits, as well as the Call~A-Ride, a general public, curbcto7curb deViated fiXed route service. :M:V also operates a trolley duting the summer months; which transportS visitors and residents to the waterfront, downtown business districts, a:nd local State Parks. In 2010, MV led the effort to transition the City's demand-responsive dial-a-ride service to a deViated fiXed route service. This effort included research and planning, and has resulted in reduced ) costs for the City while continuing to meet the needs of the riding public.

Page 4 Tf)

MY TRANSPORTATION, INC. Proposal to City of Palm Springs for Trolley Services

• Dlal-a~Ride and Trolley Services, City of Beverly HiD$ {Beverly Hillf1, CA) Since 2002, MV has provided transportation services fotthe City of Beverly Hills, including Dial-A­ . Ride and trolley services. The trolley serVices operate on a fixed toute and offer passengers a. · narrated tour of art; architecture, historical, and popular areas of the City. Tlui curbcro-curb DiaJcA­ Ride shuttle is available for seniors and persons with di$abilities. The Be¥erly Hills services are . deliVered with a seven-vehicle fleet comprising cutaways and trolleys. MV is C!lttently in its second · contract term with the City. Monterey-Salinas Transit (Monterey, CA) MV has provided transPortation services · to Monterey"Salinas Transit (MS1) since 2004. MST · represents a large transportation network covering a:ll of the Monterey Peninsula and sw:rounding . areas ru1d is. n6w m mternational tourist destination. Comprising the MST RIDES ADA and ST Pa:ratransit/services, liS well liS fixed route, Senior Shuttle, MediciU Trips; and Trolley Services, this .·. · n~twork connects ·passengers to major areas of interest,. including iocai universities, shopping centers, hospital$, and.tourist destinations. MVprovides management, operations, ma.intenance, and ciUI center functions for these services. . . . With a number of notable and world-famous attractions, including the Monterey Bay Aq~um, Carmel-by-the-Sea, Big Sur Coastline, 17 :Mile Drive; Pebble Beach, Mazda Raceway Laguna Seca, National Steinbeck Center, and. others, Monterey County hl!S long attracted touriSts, artists, and authors throughout its .long history. The year-to\ind influx of these visitors underscores the • importance ofa .rclia:ble transportation network that will connect passengers to theit destinations. k3. SubcontractOtS MV will subcontract ma.intenance operations to Automotive Service .Center for the complete · ma.intenance and repairs of the City of Palm Springs' revenue vehicles •. Automotive Service Center ·. is located at 661 S. Williams Road, #:),Palm Spri:ngs, CA 92264. · In business since 2004, Automotive Service Center employs ASE CertifiedMechanks, is an ASE Master Certified Automotive Specialty, and is a Certified Tech-Net fa<;ility. They are open 6 days a · week and provide and emergency and towing services 24 hours per day, 7days per week. · k4, Key Staff Keith Everage, Jr., Project Manager MV is pleased to present Mr. Keith Everage as. the project manager for the provision City of Palm Springs trolley service~. Keith bri:ngs nearly seven years of bus and shuttle service operations mmagerial experience. Keith is the current general manager for the City ofBurbank's fixed route services. His management of.this system comprise oversight of an average ridership of 21,000 passengers, a budget for 17 · · CNG fleet bus system, 18 vehicle operators, and 4 staff petsoilncl. He riwiages N'ID, MR"20 and BRT reporting, customer service inquiries and processes complaints. Pcior to this, Keith was the operations and marketing manager for the City of Burbank's fixed route rod Dial-A-Ride services. In this capacity, Keith served as the primary .liaison to sites that serve as ) . major trip generators, and worked closely with agency personnel to promote, organize, and educate

PageS 7-1

MV TRANSPORTATION, INC. • Proposal to City of Palm Sprinfjs for Trolley Services the community in beri#its and convenience of the Cityride services. . Mr. Everage has forged signifiquit and positive relluionships throl.ighout the service area, thus coordinating service to improve productiVity .and reduce costs while accon:unodating the needs of the senior and disabled passengei:S within the LADOT service area. · · . . · Keith is a.grad\lllte of the California State University, No:ith.ridge and holds a BaChelor of Arts in Jotitl:)alism and Cotnin1mkation.s Swdies. Keith served 1\S a. COunselor/ Assistant Sports Director fotthe.OpenArmsinstitute. He holds a certificate in Transit/Paratransit Management, a Ba.Chelor of Arts in JoUJ:n:Uism and Communication Studies, ancl is· trained in FTA Reasoriable Suspicion and workplace Ethics .in the Workplace. Please find Keith's resUme .in llt .the end of this section.

AS.. Refer.ences · .· .· Please refer to the table below clepicting eaCh company reference with .the required detailecl infonnation. f:',lJI Pedw Fixed Route ;1nd Dial~a-fZid? ano Monterejt·Salinas Dc·\r-.rr.tvw:~ 1 rolle;, Cali-A8id~, TroHc~y SePih~c-~ Transil Se;,_"~ce Services y y ty :" y y Waterfront BID Transit Contact Name: Mr. Stephen Ms. Janeen Ms. Martha Eros Mr. Robert Weber Robbins Burlingame .. · Tltfe: Executive Director Management . . Transportation Director of . Analyst Planner · . . Transportation

• . Phone.: (310)832-2183 (805) 172-6263 (31 0) 285-2542 (83f) 39~108 . Einall: srobbiris@sanpedr jburlingame@morro · ·meros@Peverfyl!iHs rweber@nistorg .. · objd,C()rn -bay.ca,us . .org . · •Service: Troliey Services Trolley operation Multirnode and Multimode and and management trOlley services · .trolley services . servlces . Role of Team Turnkey Service Operations imd .· Turnkey Service Turnkey Service Member: . Provider Management Provider Provider ·.· Service Dates: . ·10101112 to Present 07/01/01 to Present. 08/01/02 toPresent 07118/04 toPresent ·

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Page6 72

MV TRANSI"'ATATlON, INC. ATTACHMENT "A;' *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL • · (Envelope #1)* . · REQUESTS FOR PROPOSALS (RFP) #12•14 TROLLEY SERVICES PROVIDER

SIGNATURE AUTHORIZATION NAME OF COMPANY{PROPOSER): MV Transportation. Inc. . · .. · . · BUSINESS ADDRESS: 59'10 N. Central Expressway, Suite 1145 6 TELEPHONE:(972) ;}~soo·· CEL~~~~lXI1r£) 662-0499 ..· fAX.·. (707)446-4.177 . ·CONTACT PERSON .J_:_, tn __ te . · EMAIL ADDRESS [email protected]

A. 1 herebY <:ertlfy that I have. th.e authority to submit this proposal· to the City of Palm Springs for the · above listed individual or company. I certify that I have the authority to .!Wlll rnyselflthis company in a ·contract should I .be successful .In my proposal. . . . .

Februa 21 . 2014 SIGNATURE. AND DATE

B .. · The fOllowing information relates to the legal contractor listed above, whether ah individual or a company. Place check marks as appropriate: • ·1. If successful, the contract language should refer to me/my eornpany as: . __ An individual; _._A partnership, Partners' names:_~--~--~'--'---..-

A company; · .X · A corporation If a corporation, organized in the state of: California. 1978

2. My tax identification number is: ---'--,:;..

CHECK IF THE FOLLOWING STATEMENT APPUES:

* .· My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of. cwent business license from a iur!sdlctlon within the Coachella Valley Is required to be attached to . thiS dpcument In order to. request the Local Preference~ *MV doe,s not have a current business license QUI will obtain.one upon notification of contract award. ADDENDAACKNOWLEDGMENT: . Ai:knowl!idgmant OfRaceipt of any Addanda Issued by the City for thiS ~FP is required by including the acknowledgment with your proposal. F allure to acl\hOWiedge the Addanda issued may res lilt in your ptoposal being deemed norr responsive. · ·

In the space provided below, please acknowledge receipt of each Addenda: ) Addendum{s) # · 1 and 2 . Is/are hereby acknowledged.

21 73 ATTACHMJ;NT "B"

*THIS FORM MUST BE COMPLETED AND SU8MIITED WITH YOUR TECHNICAL/WORK PROPOSAL (i:nvelope #1)' NONcCOLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL

STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) COUnty of Solano .

. . The under51Qned, being first duly sworn, deposes ~tnd says th;;~t he or she is SeniorVicePresident ofMV Transportation. Inc.

'-the party making .tile .foregoing Propc>sal. That the. Proposal is not made in the interests of, or. on · the behalf of, any undisclosed person, partnership; ·company, association, organization, or corporation: that the Proposal is genuine and not collusiVe or sham: that the Proposer has not

dlr$Ctly or indireCIIy induced or solidted any other. PropOt;er to put in a false or sham Propos;~l,

and h;;~s not directly. or indireCIIy colluded, conspired, connived, or agreed With ;;~riy Proposer or anyone else to put in a sham Proposal, or that anyone $hall refrain from Proposing: that the • · Proposer has not in any manner, directly or indireCIIy, sought by agreement, communication, or confereno::e with anyone to fix the Proposal price of the Proposer Or any other Proposer, ot to fix any overhead; profit, or cost element of the Propo5af price, or Of that of any other Proposer; or to . sec;ure any advantage against the publk: body awarding the contract of anyone interested in .the .· . . . proposed contract: that all statements contained in the Proposal are true: ;;~nd. further, that the . Proposer has not, direCIIy or indireCIIy, submitted his or her Proposal price or any breakdown

thereof, or the contents th~;~reof, or divulged information or data relative th!lreot, or paid. and will not pay, any fee to any corporation, partnership, company, assodation, organizatiOn, Proposal

depo:;itory, ~;~r or ;~gent thereof to effectuate a collusive or sham Proposal. B:

Title: Senior Vice President

.SubScribed and sworn to before me this 21st day of February ' 2014. ) 22 74 ,------

CALIFORNIA ,JURAT WITH AFFIANT STATEMENT QOVBRNMENT CODI! f 82o2 .•. - lsee Attached Document (Notary to cross out lines 1--6 below) .o See Statement Below (Lines 1~ to be completed only by document slgner[s], not Notary)

.•. ------o- -· -· ·-· -· -- - -~ -· ------.;_- - ·- - -·. '""' --- -· ·- ..-· --- -- ...,. - ..,...- - . ·- -- -· -- --

2 .. ------

------~~---~~------

5

s,.,.,U.. o1 Document~ No. 2 (II ""Y} -

·State of California SubSCribed and sworn to (or affirmed) before me

County ol So {an 0 on this~day of ftl,_(WlfU, 20~- by ;I

~------~~~~~oPnONAL------~----

ll!SHT TI--'Ur'!Br>F:IrJT R1Gtfi THU~,~BPRFJT OFS'GNF.R, 1 m· S!Gr-.~ER: 2

Further Deacrlpllon of Any Attached OocUine

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Item #5910 75 Q 8: Please indicate whether the Cl(y has .space for 5 trolleys and office spaee for the. • c6ntractor to use. A 8: See answer to Question #1.

Q 9: Page 7 ofthe Rf'P states approximately 11,600 hours. Should all bidders use 11,600 as .the baselineforthe pricing submittal?. A 9: The City anticipates that .the program would operate 11,6()() hours over the· · first year of th.e pilot program. However; the City also wants to retain the ability to mcrease or decrease the Ieite/ of service .ev~ during the pilot period, btlli>fld .on usage and experience. The proposer s.hould discuss how their per unit cot>t .would be handled In each event; l ..e. If s.INiiice level$ were Increased it is likely th;Jt they coqld be fncrea$ed at the same per unit .cost as tht~ baseline cost. 011 the other hand, a· deCrease In senilc;e may have. a more unpredictable effect on pricing . and the proposer should discuiui what those factors may be. .

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA

Craig L. Gfadders, CcP.M. Procurement .& Contracting Mimager DATE: February 13, 2014

ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name: ; Inc..

AuthoriZed Signature: Date: February 21, 2014. · rVice President . Acknowledgment Of Receipt of Ad endu · · Is required. by signing ant:fincludlng the acknowledgment with your submittal, or you may also acknowlet:fge the Adt:fenda .on the bottom of Attachment A Failure. to acknowledge this Addendum .· may result In your submittal bt!lng deemfit:f non-responsive.

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76 also discussed In more depth on. page 16, item 1;!.1 "Local Preference". Please carefully review these sections. . ·

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA

Craig L. Gladders, C. P.M.. · Procl)rement & Contracting Manager DATE: February 19, 2014 · . .

ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Naine: -..,J¢l-IF¥!!m!2.tll~!n..l!!.!L ____ Aulhorizec;l Signature: .·Februarv 21. 2014 .· I AcknowledQrnt!OI of ~~~~~~=:.:;;~;·21s required by slgnln!iJ and Including the acknowledgment ~ or you may also acknoWledge the Addenda on the bottom Attachmeot A. ·Failure to acknowledge this Addendum may result In your subrnlttai being deemed non-responsive. •

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77 Keith Everage, Jr. • Project Manager

Mr. I.Vith Evemge, Jr. is MV:r proposed Prf!ject Manager'for the City of Palm Springs Trollry services.

Experience

General Manager, MV Transportation, Inc. (Burbank, CA) 2013 to Present

• Monitor City of Burbank fixed route services to ensure service quality and revenue hours are met • Manage division budget to ensure financials goals are met through GL Trail Balance, Rolling 12 month report, Fleet Focus and other MV interfaces • Enter driver and smff daily hours into WebPE and monitor division hours/revenue with HBG reports • Vehicle fleet oversight of 17 CNG motor buses, 18 drivers and 4 staff members • Oversee system with an average monthly ridership of 21,000 passengers • Review and approve all smff time-off requests, attendance and discipline • Assist City of Burbank client will aiT requests for projects and operational inquires • Manage NID, MR-20 and BRT reporting • Assist safety manager with DriveCam coaching, escreen, driver permit compliance, division safety compliance, safety contests and accident investigation • Manage customer service inquiries and complaints • Prepare client monthly invoice and reports • • Track monthly purchase orders to ensure budget compliance Operations and Marketing Manager, MV Transportation, Inc. (Burbank, CA) 2007to2013 • Monitored fixed route and Dial-A-Ride services to ensure service quality and revenue hours are met • Managed drivers, road supervisors and dispatchers schedules, time offrequests, attendance and discipline • Daily monitoring ofSyncromatics, TransTrack and Trapeze service performance • Managed customer service inqlliries and complaints • Prepared client monthly invoice and reports • Tracked monthly purchase orders to ensure budget compliance • Increased ridership through aggressive and effective marketing • Conducted fidd research to improve service effectiveness • Attended community events as representative of MV to promote services provided throughout southem CA

Education and Training

California State University, Northridge • Bachdor of Arts in Journalism ) • Bachdor of Arts in Communication Studies-May 2007 University of Pacific • Certificate in Transit/Paratransit Management-December 2010 78 Resume, Page - 1 Keith Everage, Jr. e Project Manager {continued)

MV University • General Manager Seminar/Training-May 2010

California State University, Northridge • Bachelor ofArts in Journalism • Bachelor ofArts in Communication Studies-May 2007

Certificates • FrA Reasonable Suspicion • Ethics in the Workplace

Computer Skills • .MS Word, Excel; Trapeze; Spider Reporting; Intranet •

) 79 Resume, Page - 2 -- :·--,o -- - ' .. ... 'F . , . ..\i:·~·'"""-'-·-4·-----·

Ctw or .BllRBANK CoMMt.JNIIY 0EV£tOPMttH DEt>ARTMENT 150 Jilortlt Third Str.eet, P.O: .BOll 64S9, &ur!>an.k. Callfe;tm.~ 91:510•6<459 • www.d.liti tbank;ca; us February 20. 2014

Fadi Chakbazof Vice Pres.ident Operaliail; SouthWest Region MV Transportation; Inc. 3906 Cohasset St. Burbank, CA 91505

Dear Mr. Chakl>atof,

Upon arrival in June 2011 as tne operations and maintenance contractor for Buii>ank Bus fixed route service, MV Transportation .h!IS ®ntlnualfy exhibited a professional approach to proViding operations, customer service and vehicle maintenance aS$Oclated. with· Buii>ank B\Js. Consistent. delivery. of high quality and reliable.· ~Nice tor userS of Burbank BiJs has been. the result. · ·

The onsite management tearn, led .by MV Transportation General Manager Keith Evera~;~e, cotitinues to .be responsive to City ·staff raquests for system pelformance data, NationaiTranslt Oatallase .{NTD) datil and field operation inquiries. Additionally; Mr. Everage stong with support from opsrations and maintenance personnel, prOVide City st$ff relevant lnf

Burbank Bus typically nas a monthly customer complaint level of Je&s than on&i)ercent {1%) of tne overall monthly trips taken aboarBurbank Bus. Mr. Everage interaots With customers with an approach that is patient. calming and respectful. Mr. EVerage gathers pertinent information through a variety of methods including contacting customers, discUS$ing customer service approa.Qles With staff and utilizing f~eld obServation. Investigations are performed timely, objectively and often with pOsitive results.

In addition to the staff that performs day-to-day BJ.I/tlSnk Bus operations, MV Transportation has provided technical, safety and training support through its corporate network. MV Tranaportation regional and corporate staff has been available, .communicative and responsive to Inquiries regarding servlee ctellliery options.

MV Transportation has performed assigned duties well during Its teniJre as the operations and maintenance contractor far Burbank Bus fixed route service, The onsite team consistently deliverS quality route performance, vehicle maintenance and custarner service. Additionally, the regional and corporate staff ha~ .been accessible and involved. MV Transportation continues to demonstrate through their perfotmance, they are a dedicated partner With Burbank Bus and are committed to delivering reliable service fc:>r olir paSsengers.

Sincerely,

Emmer ) Transportation Services Manager

.. Hou:aNc; &: Gwm + """""' & Coot !rAW:~'< .. ~ ~~ 8JUJ8.5140 OI&UUH!l 1118£38.5250 + lll8.238.Slll!l 80 • Proposal to City of Palm Springs for Trolley Services . Section 8: Proposal Organi~tion, Confoimal'lce with RFP Instructions, and Demonstrated

. Understanding. of the -Overall Project. and Requested Sc;ope- ofWork-. 8.1. Conformance of Proposal Submission MV's proposal response complies with the requirements presented in the City's RFP #12-14 for ·.·Trolley Services Provider. ·

8.2; . Overall Undel'$tanding of Project The City of Palm. Springs has issued an RFP for Trolley Services Provider. The City wiJ1.award a . contract for a 12"month term pilot program to operate shuttle buses to serve downtown area of all re~dents ofPalinSprings, CA. . . For more than ten ye$, MV has operated a seasonal trolley service for the City of Morro Bay, which. links Downtown Business Districts, Embarcadero, and State Parks, MV also operates the Beverly Hills Trolley, a high profile system that tours the City, informing passengers of the local history and celebrity trivia.. Additionally, MV manages many special events using the Beverly Hills Trolleys. The company also operates trolley services in Monterey, San Pedio, andAnah.eim Calif.; as well as in Cape Cod;Mass. · · MV. worked closely with the City of Phoenix, Ariz. In designing :u1d opetating the Ahwatukee Neighbo.thood Circulator. In Irvitte, Cali£ MV operates the iShuttle; a highly branded fixed loop service within the Irvine Business Complex (IBC) that connects. to bo.th MetroLink and OCTA . transit ~ervices to support commuter and shopper/retail use. MVworked.with the City of Irvine to leature the iShuttle in its ad series with Passenger Transport. MV has the qJJalification:s and experience needed to provide superior service that reflects the City's conunitment to ·its cotnm\lcity. With nearly 60 years of transportation services, MV and itS · subsidiaries offer the City the best selection of contracted transportation management fums.

8;3. Critical Challenges MV does not anticipate a challenge that would prevent a timely service startup, or s.ubsequent disruption in operations. The company has the e~erience and knowledge to expeditiously resolve anomalies, however should the following circumstances present itself; MV will gamer the resources necessary to resolve the circuinstance. • In the event the City of Pahn Springs, desires a fleet of new trolleys lli lieu of used trolleys, or cutaways with trolley wraps, MV will require additional time for the production and delivery of new trolleys · · •. Meeting with· City to idenwy and publicize the new routes · • Analyze routes to determine stops that will maximize passenger count • Monitoring and adjusting the schedule to meet demand • Activation of 5th Trolley in the event of demand fm large events and high tourism season • Establish policies and procedures for safety in downtown area • Updating website with schedule changes for downtown events, and altetnate routes due to street closures )

Page? 81

MVTRANS...aR"T'ATION,INC. . . . Proposal to City of Palm Springs for Trolley Sei'Vices

• · Working with City on finaliziilg theme.for service • Narration of rour points and script approval · • Meeting :with · the· hotels .and local· businesses to introdu,ce the trolley semce, as w:eli as participation and promotion of the services • EstablishCetiter PMI ·protOcol · and tracking .with MV's maintenance· vendor, Automotive Service • Recruit and train drivers on specialized cun:iculmn. for the toWd.,m envirorunent and nariation • Educate and coach vehicle operstors and City StAff with the on-board monitoring benefits and effectiveness ofPriveCam ·

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Pages .8 2 ; MV TRANSPORTATION, INC. • Proposal to City of Palm Springs for Trolley Services • Section C: WorkProposal

C.1. Addressing Scope ofWork

MV will provide trolley services for the City of Palm Springs witWn .the 14-mil.e 1oop as described in the City's RFP. As requited, MV will be able to acco=odate sei:vice expansion with touting flexibility to meet the City's shifting ridership co=unity. · Vehicle Requirements · MV will ensure the vehicles to be provided for the City of Palm Springs' .Trolley services complies with the Vehicle. Code §223 (a), 408, 34500. MV is a registered motor car:d.er and the proposed vehicles for. the City's serv,lces will comply wi.th .all federal, state, and local laws; regulatiotts, and guidelines. · Maintenance MV will be responsibie for the following services for the revemU: vehicles assigned for the City servtces: • Vehicle maintena.ttce (subcontracted to Automotive Service Excellence).· • Exterior bus. washing • &traction and disposal of trash, spill cleanup and daily vehicle sweeping Personnel · MV's employee biting standards fully comply with all federal, state, and loCal laws applicable for the • operation of the City's. trolley transportation services. MV's operatntS; sup.erv'isors, and dispatchers must possess the prOfessionalism and positive demeanor to appropriately- represent the City in the provision of this · service. A strong and stringent hiring process iii essential to identifying the best

candidates. . to fillthis role.. . · · · MV further recognizes .that its operator force must provide unique service; including narrated tours and overall them,ed service. MV will confirm each operator demonstrate sti:orig skills in customer service and passenger.caie. Driver Qualifications After an interested applicant completes an application online, the application is r.eviewed by the on­ site hiring manager. If the application demonstrates that the candidate has the experience ne.eded to perform the job, the candidate is invited to an interview. The hiring manager uses behavior-based interviewing techniques to demonstrate the applicant's past behaviors and how they will fit at the company. Interviews focus on driving abilities, as well as strengths in customer servJce. After a candidate successfully completes the interv,lew portion of the process, their credentials are qualified.

MV's qualifications department manages and processes all einpl0yment screens pursuant to company policy and client standards (whichever is more stringent). Drivers will wmply with the · federal, state .and local laws, and licensing requirements. All qualifications personnel are trained in the complete and unbiased employee scteening process. )

Page9 83

MV TRANSPORTATION, INC_ Proposal to City of Palm Spri!19s for Trolley Services

• Using a papet:less application process, applicants submit their qualifications online and the following background c;h~ and reviews .are performed:. · - Review Type Description Criteria Motor Vehicle. .· · Applrcants must provide a current and · · No more than 2 points 1n the pastthree Record Review valid driving record that shows an · years, withno DWI/OUI convictions . applicant's driving history. within the last1 0 years. · Driving recoi"ds are reviewed on a semi­ . annual basis, or more frequently depending on the contractrequirements. If violations are identified that are not reported, the operator will be interviewed and possibly released for faifing to report · . the violation. Criminal MV conducts background checks on aU · A felony criminal conviction within the .History Checks employees through Private Eyes last 10 years will not be .eligible for .Employment Investigators. employment. Job applicants with convictions of violence or sexual offenses, whether felony or misdemeanor, are not eligible .for em lo men! with MV: · Prior · MV condu.cts reference checks with former Poorre.ferences may be cause for • Employment employers as part of the hiring process. rejection, References Pre- · · · AU offers of employment are contingent The presenceof any controlled or Illegal . Employment upon successful completion of a drug ·and substances.is cause for rejection . Drug and . alcohol screen. Consistentwith MV's FTA approved ..·Alcohol Screen · Drug and Alcohol Prevention Program safety~sensitive employees are subjeci to random screenin . ·Pre-· Employees in a safety-sensitive position l:xam and/ortesting must verify that the Employment · (i.e,, drivers, mechanics) must also applicantcanmeet the qualifications of Physical undergo a pre-employment physical the position. · Examinations · examination performed at MV's expense by a.physician of the company's choice. Other exams may include a DOT physical or other h sica! testin . Substimce Muse MVs Zero Tolerance Drug and Alcohol Testing Progr;un is critical to its provision ofa safe, healthy, and productive work environment. All of:MV's employees are subject to the four drug and alcohol screening types, pursuant to their employment category (safety sensitive versus not safety sensitive): · )

Page 10 8 4

MV TRANSPORTATfON, JNC. Proposal to City of Palm Springs for Trolley Services

• Pre-Eni.pioyment - All offers of employment. are contingent upon the successful completion of a precemploymeilt drug screen. Failure to submit to said test, .or a positive screen, results in revOcation of the offer of etnployment . . • · .· Random - All safety sensitive employees are automatically entered into tht, company poolfor random testing pursuant toFTA regulations . . • Post-Accident ~Any tutrent employee who is invol:v¢d in a serious incident or accident while .on duty, whether on ot offthe company's premises, is required to submit to adrug test • Reasonable. Suspicion- This test may be required if sigtiliicantand .observable changes in employee perfomiance, appearance, behavior, speech, etc. provide reasonable suspicion of the :influence of alcohol/ drugs· All. frontline personnel ate observed by supervisory petsonnel who are certified as having completed· the DOT Supervisor's Class in Reasonable Suspicion Traitiing in Drug and .Alcohol· . *Under MV's Zero Tolerance Drug and Alcohol Testing Progtatn, a positive screen or refusal to be tested undet .these conditions results in termination of employment. . · .·MY's Zero Tolerance Drug and Alcohol Testing Program is 11dministered by Mrs, Esther Avalos, Director for Drug and Alcohol Compliance. It is regula.rly updated and complies and/or exceeds FTA and DOT requirements. MV has successfully completed each FTA audits to which it has been subject. · Random drug and alcohol testing selections are determined using MYeScreen® software, a state of the art, computet~generated selection. process program that randomly selects individuals (donor) for testing without showing disc:rintination. These assignments ate available to the location on the fust of each month to begin performing testing immediately. MV uses local occupational health !Olinics to perform the urine and breath alcohol collections for testing. MV contracts with Alere Toxicology for laboratory services, Dt. Stephen Ktacht for MRO services, and National Counseling Resources for substance abuse professional services. Duo Research handles blind quality control sample testing, All results are transmitted to Mrs. Avalos, who processes the information and provides it to the local mam,gement team. All employees receive FTA compliant training that outlines MY's Zero Tolerance program during· · initial training. Drug and alcohol testing procedures .are addtessed as part of initial employee tfaining and annual supervisor training. · Code of Conduct Mv has included its .Employee . Handbook in each of the proposai binders, which provides a complete overview of MY's work policy and procedures: This handbook covers MY's Code of Conduct and FTA approved Drug and Alcohol Policy, among manY other hutrian resource and employment policies affecting all employees. Employees are held to these. rules and guidelines in the performance of their jobs; this includes the City's guidelines outlined in the RFP as well as those in MY's employee handbook. · Communication MV's proposal includes the provision of Sarusung Convoy 2 radios, using the Verizon push-to-talk network· This device has a proven record of excellent connection· and stability in the Southern · California/Palm Springs area and has been successfully used by MV. )

Page 11 "'-s s MVTAANSPORTA'nON,I'NC. Proposal to City of Pairn Springs for Trolley SeiVices . .

• . This system enables the dispatcher to talk discretely to each vehicle operat.or sepatately or to all operators at the same time. This improves one-on-one cotnmlinication .with operators, In addition, the radio features a cell phone function. and teXt messaging . that will allow for even greater cotnmunications llexibility...... MV will have spare radios on band, If a unit should break down on a bus that is in serVice, MV's project manager will meet the. bus at its next stop to replace the radio. "Ilte defective radio will be ·sent in for repairs and be permanently replaced. · . · . Text Messagill9 and. Use of Handheld Wireless Communications De.vice MVs Safety Policy Manual includes. policies and ptoceclures. for the lise of banclbeld wireless communication devices. The policy states that anyone utilizing .any device which can potentially ·cause damage or does damage any equipmeb.t on a btis will be subject to disciplinary action, .up to and includingtermination. · A dt:ivet will not install a personal electronic device of any type on a company-operated bus or vehicle nor will such equipment be utilized while operating a company bus 0 r vehicle; This· policy includes cidar detectors, citizen band (CB) radios; cellular phones or similar devices. NOTE.· this poli~ does not preclude a driver.from carrying his/ her O/llfl ctllll/tirphone for emezy,en~ liSe. · MY's policy is supported by§ 392.62 of the Federal Motot .Carrier Safety Regulation which states, "No driver will engage in an activity tending to distract his .attention from· the operation of the . · vebicl~." The presence of eatphones/listening devices for the specified electronic device in the interior of the blis will be prima facie evidence of violation of this policy. Seat. BeffUse Operators are req\lired to follo~ all traffic .laws, including those pertaining to seat belttise; ·Operating Times MV will adhere to City's operating s.cbedule providing service four (4) days per week- Thursday through Sunday, from 11:00 a.m. to 1:00 a.m. The company will be remain flexible and will adjust its .operations to accommodate the City's desire. Additional SeJVices MV understands that the City may exercise its right to use the trolley servic;e to support special events. MV will remain responsive to ~y modifications in service levels. Non Scheduled Stops MV's company policies prohibits any employee from transporting passengers or other comp~y persortnel to unscheduled locations without prior written author,ization by the City, except in case of emergency, equipment failure, or direction of civil authorities. SpareVehlcles MV will have a spare backup vehicle pre-tripped and patked at the operating facility available for use in the event of a service disruption such as a vehicle incident or roadcall This .vehicle will be comparable in appearance to the City's revenue vehicles. )

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MVTRANSPORTA.TI0l'II,INC. Proposal to City of Palm Sprin9s for Trolley Services

Operations and ManagementSupervision ...... MV uttderstands .that the City will oversee its performance ID. its operations, including the followkg .· responsibilities: · · · Monitoring . . . .· . . . A dispatcher will be on duty during all hours of service to respond to issues and monitor service. ·· · Upon arrival at the first stop, the operator will change the.vehicl¢ head sign from ''Out of Service''· . to "In Service". If the opeta,tor is early, he ot she will not leave .the stop until th.e first scheduled departure time, · . . . · . · · · .·· The operator will proceed tothe next stop at the scheduled departure time. MY's dispatch tealil Will. . .Continually monitor service delivery in order to .quicldy resohre any issues that arise. Inspection and Removal MV will recognize that upon City inspection of any equipment at any ~e, the City will exercise its. right to remove a unit from service ifit is determined to. be iri an unacceptable condition. Temporary Service Adlustment MV will yield to the City's sole discretion to cease or alter the destination and/or route of any vehicle operated under this agteement Upon receipt of approval of the City, the company will resume service. Employee Removal At the City's sole discretion, MV will remove any service employee for conduct violation . Employee Breaks and Rest Periods • · MV. abides with all federal and state laws regarding employee breaks an.d. rest periods. MV's employee handbook has a standardized policy, but each state iri whkh MV operates has state­ specific requirements for meal a11dtest breaks. F01: example, .MV employees iri California who work more than three and Y, hours are entitled, authorized and permitted to a 10-minute paid rest break for every four hours worked or tna:jorfrilction thereo£ Thus, an employee wodting an S hour shift · tna:y take two 10-miriute paid rest breaks. These breaks should be spaced evenly throughout the. workday. Like meal breaks, it is ilot possible to schedule rest break times and rest breaks should be taken when operations permit The meal and rest break iules are posted iri each location. Vehicle Specifications, Maintenance and Repairs Rolling Stock MV has provided a list of vehicle options for the City's review and consideration iri Section C.5, . Vehicle Specifications. MV remains conndent the City will nod these vehicles suitable for the ·provision of the trolley services . . .Age of Vehicles Please refer to C.3, Vehicle Specifications for a MV's li5t of vehicle options for the provision .of the City's trolley services, which includes the year, make/model ofeach proposed vehicle. ADA Access All vehicles used for the provision of the City's trolley services meet the ADA requirements for public transit service or provide reasonable accommodations. In addition, all vehicles are wheelchair ) accessible and can accommodate at least one (1) wheelchair passenger at any time.

Page 13 87

MVTRANSPORTATION, j:NC. Proposal to City of Palm Sprin9s for Trolley Services

• Vehicle Inventory MV has hicluded a detailed list of proposed vehicles in C.3; Vehicle Specifications. to hl.clude; four (4) primary vehicles to be used for the trolley seivlces, a:s well as the one (1) spate vehicle. · Identification · Pursi.mnt to the RFP requirements, the revenue. vehicles. for the City of Palm Spring's trolley services . · · will be easily identified by removable magnetic signage (that can be removed when not in service). The City reserves the right to modifY the signage: .· . · Vehicle Qualification MVWin meet:with the City's representative prior to execution of contract to presentthe proposed vehicle fleet for City's inspection and a:pproval. · Vehicle Seating Requirements MV's proposed vehicles acco1llmodates the City's minimum seating capacity o£22 seated passeilgers including orte (1) wheelchait and Win strive to hicorporate the City's preference ofperi!neter seating . rather .than row seating. · Vehicle Rejection . . . . MV understandS that in the event that the City's representative notifies MV to remove any primary vehicle from service due to non-compliance with the contract agreement. MY Win replace the. vehicle with a City approved vehicle. within thirty (30) calendar days, and provide a: replacement in the meantime. · Vehicle Maintenance Plan and Practice • MV will subcontract all maintenance activities to Automotive Service Center, located at .661 S.. Williams Road, #3, Palm Springs, CA 92264 .. Automotive Service Center is an ASE Master Certified Automotive Specialty and a Certified Tech-Net facility. Maintenance activities are scheduled based on the priority of fleet maintenance needs and with due consideration of maximizing in-service fleet availability. MV's team Win coordinate closely with· Automotive Service Center personnel to confirm the appropriate amount of vehicles is available and .·· in safe, wotking condition for pull-out. Automotive Service Center Win perform the following activities relative to fleet maintenanCe: Preventive Maintenance Program: MY's preventive maintenance program is based on a 3,000 · · mile interval cycle, with safety inspections (A-level) occurring at 48,000 miles. Preventive maintenance inspections are scheduled in advance, within 500 miles of the required intervlll, or pursuant to contractual requirements. The maintenance vendor works with· operations to identify those vehicles required for inspection, and schedules inspections in a manner that maximizes fleet ~~~ duri= ne•lkhours.

(s~fety) • Air brake tesbng • Door and lift operation/cycling • Road test( engine, transmission, brake, steering) • Undercarriage ·brake lines, fdters, air lines, drive shaft, etc.) ) • leak

Page 14 8--8

MV TRAN.SPORTATtON, fNC. •• Proposano Cityof Palm Springs for Trolley Services • Clean/check battery c:~nd cables • Fire su · ression s stem ins ection B 6,000 AliA level IC'Isks plus: • . Oil arid filter change • HVAC Freon level, filter chan e, function .test C · 24,000 All A and B level tasks. plus: . • Fire suppression inspections · • In . !ion of fire wires and blow out lines semiannual D 48,000 · All A, 8, and C.fevel tasks plus: • Transll)ission service • · Air dryer rebuild • Differential fluid change . . • HVAC (leaks, filters, temperature checks, function inspections, brushes and fc:~n motor c:Onclilion The.tl;laintenance vendor performs the preventive tl;laintenance inspections they Will have the vehide ·. file available for reference purposes. Any tninot deficiencies noted in the file which were identified· during the DVI process or otherwise logged in the vehicle file Will be addressed and repaired at that · time. Body Repair: Expeditious body repait eliminates hazards, assures passenger comfort, and reinforces the operators' pride ofthe· setvice fleet Neither body damage nor graffiti is tolerate.d on .· MV's vehicles; vehicles Will not be released into service if they have excessive body damage or • damage that presents a safety hazard. Minor body repair (buffing out scratches, tninot paint touch ups, etc.) will. be handled during the vehicle's next PMI repair or scheduled detiilling (whichever comes :first). · M~jot Repairs: Major component repairs are performed by qualified local vendors. .MV contracts with local vendors for the purchase .of rebuilt transmissions, or .to have existing transmissions rebuilt The tl;laintenance vendor Will handle all transmission remoVal and replacement/installation. Depcinding on the local resources available, and their associated costs, MV Will determine the most advantageous approach; however, when possible MV prefers to purchase rebuilt engines. Mobility Lifts and Ramps: No vehicle is pettnitted to enter service without a safe, functioning lift/tamp. During the daily vehide inspection each operator is required to cyde the vehicle lift· to confirm proper operation. If a lift does not cyde or cycles improperly during the DVI; the operator. must notify a supervisor who coordinates repair and/or delivery of a replacement vehicle. Mobility device lifts are inspected and cycled at each preventive tl;laintenance inspection cycle. This. includes the replacement of wom components, gear cleaning and adjustmeti.ts in alignment as •necessary. Warranty Repair: MV understands its responsibilities in maintaining the fleet and all documentation of repair as required. It is MV's policy - reganlless of whether maintenance is performed in house or by a inaintet1ance vendor - to follow OEM specifications and uses only OEM or equivalent parts. OEM practices )

Page 15 89

MY TRANSPORTAllON. INC. Proposal to City of Paim Springs for Trolley Services • minimize the frequency of unscheduled maintenance, thus improving service quality, reducing costs, . and ma#miz.ing. fleet availability. · · While . the maintenance vendor will lead the management of all inspection, repair, and wiufanty · reco'vety, MV will monitor these activities closely. . · · · · . . Roadcalls: MV's comprehensive maint:enance program significantly minimizes vehicle downtime; however, in .the rare event that a roadcall oi:GW:s, MV's team will be prepilred to respond efficiently. Dispatchers use troubleshooting techniques to first attempt to talk the operator through correcting the issue. · Ifthe situation cannot be resolved, dispatch will calla .third party towing service to tranSport the vehicle to the maintenance vendor to handle repairs. If a replacement vehicle is needed, the contract manager will coordinate with dispatch to send .another operator or supervisor tO the field to transfer the passengers and resume .the route. · · · A vehicle breakdown form is completed fot every roadcall and stored in . the vehicle file. Iitfortuation about the ro.adcall is also entered. into the Trapeze Enterprise Asset :Management · (BAM) maintenance management info~tion systeni. . · .Parts Equipment: An appropriately stocked ~· inventory is critical to a productive yet cost­ effective maintenance shop. Du.ritig the transition, MV will confirm that the maintenance. vendor . has an appropriate inventory of parts to support the serVice. Original Equipment Manufacturer (OEM) .Parts and. Specifications: MV follows - and will ensure the maintenance vendor follows- all OEM specifications and uses only OEMparts {or equivalent) .. 1hls prevents safety hazards while promoting best practices. OEM practices minimize the frequency of unscheduled maintenance, thus improving service quality, reducing costs, and • maximizing fleet availability. . . .· HVAC: During each PM cycle, the HVAC systems are inspected to ensure they are functioning and do not have leaks. · Proposed Maintenance Management Iilfotination System: MV will provide the . Trapeze . Enterprise Asset Management (BAM) maintenance tnaruigetn:ent infartuation software. 1hls system is a thin client, web based intetface that MV's support team can access it remotely.. MV will use this system to monitor preventive maintenance inspections and vehicle mileage to ensute thateach vehicle is appropriately scheduled with the vendor for service. · Dailv Repairs Each day, when the operator begins their work day, he or she will initiate the daily vehicle inspection. (DVI, o.t ''pre-trip") using MV's standard pre-trip inspection forms. All areas of the vehicle that are inspected and all resnlts must be documented, · · If the operator detects an issue that can be quickly rectified (for e1l:atn:ple, a bulb replacement). the operator will fix it. If a safety malfunction is detected as part of the daily vehicle inspection process, the operator performing the inspection will notify dispatch. bispatch will coordinate repairs with Automotive Service Center and assign a backup vehicle to the operator. If the operator does not detect a safety related defect that would prevent the vehicle froni entering service, the operator will notify dispatch as he or she departs the yard and proceeds to the fuststop. )

Page 16 9 0

MY TAANSPO~ATION, JNC. Proposal to City otPalmSprings for Trolley Services

Air Conditioning Standards Passenger compartments must be regulated to maintain comfortable temperattttes 'If all tiines 'lfld · · . under ail clitrulte conditions, . During each PM cycle, the HVAC systeins are inspected to ensure they are functioning and do not have le!(ks. . The condition of all brushes .and fan motors are inspected, · and filters are changed. . · . . It is extremely important that all air conditioning systems are mainWned a11d operated, especially during the off season. Operating these systems on a weekly basis at 1 Ominute intcivrus will confirm . the refrigerant compressor is approprutely.lubricated, preventing any leilige in the compressor shaft seal, and ensuring that a11y loss ofte_frigerant is detected early. · ·cleaning All .vehicles must be kept clean and free of refuse and debris at ail times. The following lists are · · tules regarding daily bus cleattliness: • No food or drinks allowed on .the vehicle unless approved by clii;,nts. This includes drivers. . • Drivers will inspect their vehicles

Page 17 91

MY TRANBPOFt'TA:tl(>N, INC. • ·· Proposal to City of Palm Springs for Trolley Services

literature containing the SunLine schedules, trolley route maps· and schedules · for the riding comtnunity. Marketing MV understands thattheCity will assume .all tesponsibility for marketing the public use of the Palni Springs Trolley service operations. As requested, MV will place Citycapproved. materials on board of the revenue vehicles pl!rsuant to RFP requitenrents and procedures set forth bythe City; . · Advertising MV will not place any written or printed advertising, ptomotional material, or public information in the interior or exterior of the revenue vehicles unless authorized bythe City. · · Damage to Property MV's will.protect and safe.guard.the City's Trolley vehicles and property against damages during each service day. MV will accept responSibility for. all damage to the Trolley customer's property caUsed by actions or inactions of a member of.l\fV's personnel. · · · Project Manager . MV's proposed project manager for the City's trolley services. is MJ:, Keith Everage, Jr: ·Keith will oversee all aspects of the operation of the City services and is the primary and emergency contact.. His email address is [email protected]; Jandline phone number, (818) 565-3545; and .cellular number, (323) 422-5946. Keith is. available to the City24 hotirs per day, 7 days a week. · Please refer to Section A.4, Key Staff for Mr.. Everage biography of experience .and qualifications . MV has also included a detail resume of imtnediately following the same section. · • C.1.a. Vehicle Operator Respansibilitles MV has the experience and resources to lead and guide the vehicle . operators assigned . to the · City services to adhere · to . the /l¥1-7\LAtl. .· · • . ·. ·· .· . responsibilities outlined within the City's vehicle operator . · . . . · · · .· · · . · l. 'E responsibilities. Please review the vehicle operator training program · · below encompassing all City requirements. Yehlcle Operator Training Program In 2010, in partnership with the leading exp.ert in transportation safety, Avatat Fleet, .MVlaunched its state-of-the-art ttaining program for all operators. This training turriculilm uses adult education techniques, keeping trainees engaged and interested throughout the duration of training. The program is supported across three principal domains, '!ffictive, rognitive and behaVioral, through a ble.nded approach to adult learning, based .on Bandura's ·Social Learning Theory. Under this ·approach, this ttaining program focuses on positive attitude (affective), knowledge building (cognitive) and skill development (behavioral). Classroom ttaining includes a combination of facilitator~led discussion, OVD presentations, and short quizzes. Students actively participate in these interactive sesSions, and develop their skills first in closed course skills-building activities rutd then under structllred behind the wheel training. Traioing is based on comprehensive driving rtandarrls that detail every aspect of safe and ·defensive driving. )

Page 18 9 2 ' MV TRANSPORTATION. INC. Proposal to City otPalm Springs fot Trolley Services

. This program offers consistent and thorough training to all new operators. Its modulecbased .format offers trainers the necessary flexibility to. provide refresher and/or abridged transition traioiilg, or customize training .to address specific areas ofconc::etns, e.g., unique service area, specific vehicle or service type, and dispatch procedures; · · · · Training Formats The entire new operator training program. wtnprises five training fonnats: classrooft! qaiojng, prec · driving skills, observation, behind the wheel; and cadet training. Classroom: . 20.25 hours ·Pre,Driving Skills: 4;50 hours Observation: 22.00 hours · .Behind the Wheel: 21.00 hours Cadett:ing: 16;00 hours Total: 83.75 houtlil ClassroomTraioiog: The instructor·led clasSJ:Oom training is based on an aduJt,J~ interactive . training model and uses. video.·ttaini:ng modules which are reinforced hy the written· training/study guide. · . ·

The video training is presented through an interactive, paoel~hosted discussion led .·by MV personnel. · Topics include safety, defensive driving principles and techniques, hazards communication, security awareness, employee policies and procedures, employee wellness, s~ harassment, bloodbome • pathogens, map readirig; and on,roadprocedures. . · Testing occurs at the end of each module and at the end of classroom training with a cu1llulative, closed,hook exam. Employees must pass with a score of 80 percent or higher in order to proceed to behind the wheel training. . Pre,Driving Skills: Designed to familiarize the student with the larger size and spacing of commercial vehicles before driving the vehicle on the street, the pre,driving skills com:se training requires that all students iearn the use ofmultiple mirrors and vehlcle co:nttols. Observation: Obset.Vation training is provided and gives students an opportunity to study the proper. way· to handle a vehlcle, Once a student has successfully completed all pre,drivi:ng skills and obsetvation training, they begin driving the vehicle on the street with a trainiog instructor; Behind the Wheel (BTW) Training: Behind the wheel (BTW) training focuses on honing specific basic driving maneuvers and skills necessary to ensure the safe operation of the vehicle under actual road operation. During BTW training, the student puts lnto practice what they have learned in the. classroom and refines his/her driving skills with a certified trainer. During this period, the student must demonstrate lll4stery of 26 specific defensive driving and performance skills before graduation. Cadet Training: After completion of the behind the wheel training, each trainee is p10ovided with in,service cadet trainiog with a line trainer. Operators will operate the vehicle and all on-board technology in s.ervice, and interact with the passengers on a practical level During the. training, the ) operator becomes fammarized with the routes and local attractions of the area. Ope10ators will also

Page19 93

MV TRANSPOR'l'ATION, INc_ · Proposal to City of Palm Springs for Trolley Services

• leam how to nariate mobiletours (and/or operate the tecorded tour narration system) during Cadet r··. . . . tamtng. . . During this period, the ttainee is closely monitored wd receives his/her fipal road and ttainil1g evaluation. Any areas ol needed remedial training are identified and documented. · Before astudent is released into service, he/she is closely monitor~d and receives a fipal road and training evaluation.. Post-TrainingTelitfug and Remedial Traioing: Bef6re a s.tudent ~·1'eleasedinto service, he/she is closely monitored ll;lld receives a final road and ttaining evaluation. Recognizing that not every operator is one hundred percent ready to enter revenuesetvice after the base training pr6gta.tu, MY offers up to 40 hoim of remedial training. During the cadetrin.g period, any areas of needed retraining are identified and administered based on this need. · Training Highlights Defensive Driving ""LLLC: All accidents have a .cause, which can always be traced. back to one or more people - most commtinly the operator of one of the vehicks involved in the ~tillision. This underscores the importance of an effective defensive driving ttaining cutricUluni. MY built its training curricUlum upon the Triple L-C, an elegll;llt and easy-to-memorize defensive driving course that t~aches professionals .TheFo~~r DriviNg Principles to S afetyTM: • Look AheadTM • Look Around™ • Leave Room~ • Commwlicate™ · By using these four principles; operators maintain the maximum amount of toobl atound their vehicle, improve their vi$ibility, gain the eXtra time and information needed to make critical· decisions while .dri:viilg, and effectively interact with others ·Oil the road to prevent collisions. Developed throughout the course, these concepts provide MV's operators with everytbing they need to know to avoid collisions. Ultimately, the course helps operators see, think, and act their way through any driving situation. Sensitivity and Passenger Assistance: MY places great importance on operator sensitivity and safeguarding. the dignity of its passengers~ MV's state-of-the~art, customized ADA Sensitivity Training Program is tailtired to each cont:nlct and emphasizes courtesy, understanding, and the operator's responsibility to serve all passengers, regardless of background or disability. · Practice and .role-playing sessions are held with trainees to foster an experiential. understanding .of the challenges of navigating the system as a visually impaired passenger or as one who uses a mobility device. Video and classroom training is. augmented by the invol~ent of representatives ftom the community, local advocacy groups, and care facilities. Operator training includes the study of different types of disabilities and mobility aids so that operators properly learn how to handle each one. professionally and with utmost car.e. Training emphasizes how passengers in mobility devices generally reqUire a greater level of tinie, attention, · and particular sensitivity by the operator. It explains how the proper securement of the mobility device is critical to providing a safe, enjoyable ride for the passengers. To ensure ongOing safety for passengers, training and monitoring in this area extends beyond the initial training period. )

Page 20 94

MVTRAI'IISPORTATION.INC. Proposal to City of Palm Springs for Trolley Services

• Customer Service: All operators are provided four (4) hours of customer service ttairrlng through the video-based, START Training £tom Ergometrics. This industry~tecognized. progtam is highly effective at showing new and, existing operators how to deal with all type5 of potential challenges fi:om customers while engaging them in real world situations that commonly occur in puhlic transit service. . . .· .· . START Training tooches operators the ''how", "when", and "why'' of proviQing C\l$tomer service to passengers, coworkers, .and supervisors, .incluQing making customers feel welcomed, establishing boundaries with customers, seeking asSistance, communicating .positively, problem-solving, and · · ruanaging emotional escalation. · · · C.1.b. Reporting Requirements Reporting andRecordkeeping Requirements . . . MV will collect all d,ata and provide clear and concise operating reports to the City.. · These reports · will addtess all reqtiiretnents for immediate, daily, and monthly submittals outllned in the City's RFP. MV has developed an k.house system called PayrollEdit, which intetfaceswithtbird party systems to track mta,. such as revenue/non•revenue miles/hours, trips, etc.; and compiles the d,ata into reports. This system is designed to collect and store the Qata needed allowing snmmacy reports to be generated in reader-friendly formats. By using this system to generate billing, payroll, and . operational teporting, duplicative Qata entry and subsequent tnanual errors are greatly reduced. In addition, MV. uses Lawson Software's Enterprise Resource Planning Solution both in its corporate office an.d operating locations. The Lawson Financial Suite includes General Ledger, Accounts Receivable, and Accounts Payable. The Lawson Hurilan Resources Suite includes Personnel Administration, Benefits Administration, Payroll, Time Management, and Employee and Manager Self·Service. Lawson software is a fully integrated, web•enabled solution; which MV tuns on an NT platform. The software is scalable to allow for growth of the company without having capacity concerns. The webcenabled featnre allows Company managetnentto selectively determine which processes and controls should be centralized versus decentraliZed. MV believes in proper nata b~ckup and off.site stonige of Qata backups in .the event of a fire or other catastrophic eV-ent MV's IT team will set up the local cotnputer network to ensure proper con.nectivity, security levels, password protection, and local technical suppOrt. MV will work With the City MIS staff in whatever manner necessary. MV is able to meet the FTA/N'ID reporting requirements and currently provides these reportS to clients who receive Federal funding and are required to submit them. MV uses the accepted FTA sampling methodology arid has systems in place to collect and report this infurmationpursuant to the guidelines ofthe National Transit Database Reporting Manual. fnvojces As required, MV will submit monthly invoices for service, with supporting documentation as needed. During the. transition period, MV will work with the City staff to. establish an invoice format that is acceptable to the City. · • Progress P~ym¢nts Option: MV also offers its clients progress payments, an additional cost savings method that eliminates the interest expense incurred by MV through its credit line. Under this payment structure, MV bills City for 45% of the total estimated monthly billing, )

Page 21 9 5

MVTRAN:!!IPOR"''ATION,INc. Proposal to City of Palm Springs for Trolley Services

• on the 1" and 16"' of each month (payment due on. the 16"'.and the 1" of each following month, respectively). This payment method offers an annual discount of 0;25%. · After month end, MV will produce a £ina!. invoice foi the month as requb;ed by the. contract, crediting City tvith the progress payments made. City will then. pay the baJ2nce .due within the tettn.s contained ·in the p.roposed contract. Payments a.re made in arrea.rs, after service is provided ~md is. consistent with FTA requil;ements which prohihitadvance payments. · · ManagementMeetings · · Upon contract awarcl, monthly llllliUigement meetings will be hdd between the City projectmanage.r and MV staff to review the previous month's data and reports, exchange infonnation to cootdinate service effectivetless and resolve any pending issues affecting the provision ofsetvice. Customer Service . . . .· .· . . Pursuantto the requitements within the RFP, MV will maintain a local public c\lstonier service telephone ntunbet which can be .adve.rtised as the main source ofinformation for the service. MV will assist the City with e.reating a website page to prpvide trolley service infonnation and enable passenger/pqblicfeedback. MV will incur the costs associated with this Website production. Program Resrumslbll!tyPoint ofContact MV looks forwa.rd to working with the City's designee for the provisiott of the trolley services contract.

C.2. Providing Quality Passenger Services Upon Contract awarcl, MV would meet with the City of palm Springs to deteri:nine the best way to • present its service .vision .and theme to. the riding public. Some areas in which MV will foPJS include: . . • Providing custom professional operator uniforms that represent Palm Springs • Recruiting and employing long-tinie residents as vehicle operators, whp have knowledge of the City . • Creating tourist and visitor-focused service through ma.rketing, print media, advertising; and other sources · · • Work with local .businesses and hotels to promote the service and drive.· business . to the downtown a.rea from hotels · • Use vehicle wt:tpping on Old Fashioned Trolleys to promote different events within the City • Work with the City to identify which a.reas atid facts to be mentioned on the narration recording • If the City is intetestecl, MV can provide the City access to its location-based.on boa.rd video technology to automate on-board presetttations

C.3. Vehicle SpecificatiOns Pursuant to the City's RFP requitements, MV is proposing the following vehicles. for the provision of the City of Palm Springs' Trolley services. ·

)

Page22 96

MV TRANSPORTATION, rNc. • . Proposal to City of Palm Springs forTrolley Services

Trolley Supreme Vehicles are . passenger · Vehicles are passenger (includes 1 ClaSsic new. Chassis With 4 new. VIN windows with spare} · American· manufacturer wheelchair number will · . etching decals. Trolley. date will be capacity . be proVided · . Full ADA provided with lift during package during ordering including Braun ordering · process, . or Ricon process. wheelchair lift.

Double Cutawaysw/ Starcraft Vehicles are passenger Vehicles are wheelchair doors Trolley Wrap AllstarXl new. Chassis with 2 new. VIN wiwindows, (includes 1 32' Transii manufacturer Wheelchair· number will interior light, leaf • spare) Bus date will be capacity· be provided spring proVided with lift or during passenger signal during 28 ordering. system with pull ordering passenger process. cord & stop process. with 1 request light Wheelchair

Vehicle Brochures Please find a colored photo immediately following this section and corresponding detailed vehicle specifications of each vehicle type described above in the appendix of this proposal. Vehicle Storage The vehicles will be stored at the Happy Traveler RV Parking facilities located at 211 West Mesquite Avenue, .Palm Springs, CA. Upon notification, MY will comply with the City's desire to inspect this facility at City's discretion.

C.4. Ensuring Service Continuance During Service Disruptions MY's supervision, safety, and maintenance progtams will minimize the number of delays, preventable incidents, and roadcalls experienced in the system; however, MY's team will be prepared ) for thes.e unfortunate events should they occur.

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MV TIFIANSPORTATION, IN'C. ••• Proposal to City of Palm Springs for Trolley Services. A core component ill serVice reliability is the appropriate deployment of protection and/or backup serVice.. MV's opetational plan offers the following measures to ensl!te serVice reliability, mipimize deadheacl, and improve opetational efficiency: . • Assignment ofexttaboatd shifts during peak hours • Daily assignment of .stan:dby operators .· . . • Assignment of pre-tripped, standby :vehicles the operating facility • Support :vehicles dedicated to operator rclief Standby Operators Standby operators are available as backUp when opet:ators do not ru:ri:ve to wotk on time and a.s scheduled due to :vacation or illness. Upon becolr!ing aware {)f an opeJ;ator deficiency, the dispatcher/teser:vationist places a call to standby operator alerting thern of the available shift. When they atti:ve at the division, they are provided route paddles to assist them in thrmighout the serVice day. Operators who aie not a:ble to report to their assigned shift aie required to submit at least a two hoi.u: notification to the project rnanaget:. · If a scheduled dt:i:vet is absent ot no shows, the project manager, Keith Everage will resume that route until an alte,rnate operator is a:v:Ulable. · Backup Vehicles Backup :vehicle are prectripped :vehicles that are. parked at the operating facility. These :vehicles are • available £or use. in the event ofa service disruption such as a :vehicle incident or .roadcall

C.5. Responsibilities of City and MV ;:,c<>pe ofWorl<: requirements in the following table detailing specific tasks required ofMV.

) and Removal

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MV TflA,NSI'SORTA:rJON, INC- Proposal to City of Palm Springs tor Trolley Services

• ~sk C~ MV Ternporary .ServJce Adjustment · Employee Removal . . Em .lo ee Breaks and Rest Periods · Vehicle Specifieations, Malntenariciund Repairs X Rolling Stock · · · Age of Vehicles. · ADAAccess Vehicle Inventory Identification Vehicle QuallficatiQil . . Vehlcle·seating.Requlremenf$ Vehicle Rejection . Vehicle Maintenance Plan and Practice Dally Repairs . . Air Conditioning Standards Cleanlrig .·· · · · Service Modificatione CustQmer Service ·Marketing Advertising Damage to Property · · Pro ect Mana er .. ·

Reporting Reqidrements X RepOrting and Recordkeeplng Requirements Invoices X X

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MVTftANSPORTATION, INC. Q New 2014 Supr.eme Classic American T.ro.Uey -0 . \.._./ 0 .. ·· ..• ..

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New 2013 Starcraft Allstar XL 32' Transit Bus Proposal to City of Palm Springs for Trolley Services ·

Section 0: Project Schedule

0.1. Startup Schedule Please refer to the draft startup schedule in the appendix of this proposal. Tlri$ document lists. each taskand an estimated tin:teframe of start and end dates. ·

. fl2. Lines of Communication MV's implementation methodOlogy is built upon effective coto.lriWlication and relentless attention to deb!il. Daily MV transition meetings are a core coinponent to ensuring effective and frequent c6mmunicatioil. among the transition team while quickly cottecting problems. The foe$ of the.se · nieetings 1s to review the complete startup plan .and to identify successes and challenges. Biweekly meetings with the City will keep City ·staff informed and up to date o:n MY's actiVities. These.· meetings also provide an opportUnity to cotni:nunicate potential challenges. . Judie Sinith will ovexsee all startup activities and serve .as .MY's full~titne transition m9nager for this project. She will. work closely with Kcith Everage, the local man9genient · team, and regional. re.sources to direct all elements of the ttansition. · . SUccessr~sResolvlng Keylss"es During start-up MV's local team will meet regularly with staff to communicate any issues. that may be encou:ntered and present its solutions. · Example$ of possible issues that may be encou:ntered and resolutions are below: • Driver shortage due to lackof quaHfied candidates . . . • MV will work with Careerbuilder and local newspapers in the 1).tea to advertise for positions • MV will work with local radio stations or TV media to expand outteachfot qualified candidates • MV will work with a Iocal.recruiter to identify qualified candidates Training for drivers delayed · • MV will bring an additional trainer resources form its other locatiOns to assist the local team · · Drivers unprepared for service dlo/ one • MV will anticipate this need.given the hiring and ttalning progress • MV will bring in extra drivers from other divisions to perform service if needed Vehicles not ready for service day one • MV will secure rental vehicles that can be used in the event the permanent vehicles are not available for service as anticipated • MV will work with the City to approve of the temporary vebicl~s· and requited·signage

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MV TRANSPORTATION, INC. • Proposal to City ofPaim Springs for Trolley Seriices . Section E: LocaJPmference

E.1. Attachment A MV has completed and attached Attachment A inune~tely following this sectio~.

E.2. Project0ver$lght Judie Smith,. Regional VIce President · · Ms. Smith'! ptimary role for the City service.r JPi/1 be:to provide guidance 1111d ovmight to the pfY!iect manager, Keith BI1CfrJge. . · . For more than 20 years, Ms. Judie Smith has lnanaged privately conttacted transportation programs · in Southern Califamia, bringing on-road operations to customeri;' expectations. Ms. Smith began her cateer with Mayflower in 1990 as an office manager, and was assigned her .first general manager post for the Pomona Valley Dial-A~RideServices in 1991. She went on to manage systems for Los · Angeles.Depatttuent ofTransportation, Long Beach, Access Services; among many others. After serving as a .district manager for L!Udlaw Transit Services for four years, Judie joined MV; overseeing seven operating contracts from its Paramount Califomia location. She was prombted to regioll$l vice president in · 2007 and ·~. been integral in MV's expansion throUghout Southern Califomia.. Judie is MV's executive level representative for this operation, and will oversee MV's compliance with the terms and conditions of its contract She will manage service quality and confirm that MV is living up to the promises made in .this proposal Sbe leads the regiorial support team assigned to this contract, and will have authority over resource commitment and oversight · Hector Vargas, Director of Safety Mr. Var;gas IPiiJ provide leadership and sf!foty atihmnce to the stqffassigned to the City services. Hector Vargas became a certified behind the wheel trainer in 1998 and since that time has taken on roles of greater responsibility in the area of safety and training. Today, Hector serves as a director of safety for MV'sSouthern Califomia properties, working closely with each of his assigned locations . to ensure that all safety and training procedutes are within the standards of the ~ompany and its . clients. He conducts audits of all safety and security .related operations and works .with the local team to gamer any additional support needed in this critical area. Mr. Vargas has overseen the safety and training (ifforts of bus operations of substantial size and scope throughout Los Angeles County. While with Laidlaw T.ransit Services in North Hollywood, HectO.r .reduced accident frequency by more than. 55 percent He joined MV in 2007 a.s a safety manager at MV's 7Q-bus co=uter operation in Los Angeles. Mr. Vargas is. a Smith System Instructor, a Behind-the-Wheel Trainer and is CPR and First Aid Certified He holds a Cotntnercial Class B license with passenger endorsement and airbrakes and is certified and licensed to conduct classrootn, behind the wheel, and incservice instruction. He is alSo a certified Califomia School Bus Driver Instructor.

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MVTRANSPORTATtON.INC. Proposal to City of Paim Springs forT rolley Services

Phil Tellgren, Director of Accounting . Mr. TeUgren will provitk mpport to the project manager, Keith EV.rtige with all aaounling.fonclions and NJroll. · This position is n.;potuibk for all birdgeling aiul jinana .activities, including eqliipmmt procuremmts/ ptm:bases in. · conj11nction withtbe pt#rha.ring agent. . · . . . · . ·. . ·. .· .· · · . . .. · · · Phillip (Phil) Tdlgten joined MV in 2006 as a cfuector of accounting; tluoughout his cateer at the . futn he has overseen more thanthirty ofMV's locations and lllliJlaged more than $180M in contract .· revenue. Phil wotks with his operational support team to ensure all locations comply with ·contractual requirements, GMP staridards, and Mv policy. Focusing on cost containment and fiscal responsibility, he. works with MV's ~ and division"levelaccounting teams to ens\u:e all procedures are in place and all personnel are appropriately trained,. · · •Prior to joining MV, Phil st;l:Ved as an accounting. manager/internalaudit lllliJlaget for Fatbutger Cotporation, Inc: where he performedttionth end and ongoing .duties for 35 restaUrants: He ·created policy in compliance with Sarbanes'Ox1ey, and developed audit programs. He. also served as· .. a. director of finance/administration for Cleansing Steam .Ministries, Inc. and controller/HR · aclm.inisttator for Superior BankCard Services,· Inc. · · . John· Siragusa, ·President Mr. Sim!JISa wiUprovide Sf¢porl to Ms. Smiib and Mr. Vargas. John Siragusa, president of MV's northwest region, holds executive .level authority for all of MV's operations in the western U.S. He direcdy ·manages the company's regional vice presidents, directors of maintenance and safety, and sevetalpersonnel that all support MV"s operating locations. He workS closely with MV's. clients to make sure Mv is Jivjng up to the expectations ofits clients, passengers, and emp.l.oyees. . Mr; Siragusa has overseen more than 75 contract startups in his careet. The ll1ost significant was MV's firstit).ternational proje;ct in Vancouver, British Columbia. He led a team it). combining service operated by seven sep¢1te companies into one.,.. with mo.re than 450 employees and 350 vehicles . . His background demonstrates the breadth of ellPerience he brings to MV's clients, and .the complete undetstanding .of the services they provide. FUrther adding to Mr. Siragusa's understanding of customer needs is his experience as the transportation manager foi the City of Petaluma;. a position he held from 2006 through 2008. Here he was iiitegral to maximizing both local arid federal. funding . opportunities and contributed gready to short~range transit planning.

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MV TRANSPOFlTA.:riON, INC. Proposal to City of Paim Springs Trolley Services . . for' ' . • . Section F: Cost Proposal

F.1. AttlichmentC MVhl!S submitted si;K (6) copies .of the Cost Proposal, Attachment C in a separate sealed envelope pursuarit to the RFP requirements. · · ·

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MV Tf(ANSPOI't"I'ATION. JNc_' VEHICLE SPECIFICATIONS

106 . Angel Kamler Fleet 8( Procurement ~get MVTrailsit 5910 N. Central Expressway, Suite 1145 SPECIALTY Dalla8, TX 75206 VEHICLE$ Dear angel,

S VI is pleased to SUbniit !he following quotation liMed on the· City of Palm Springs r«juest. This woW

:3()' New Trolley bUilt ori F53 Ford chaSsiS Seating capacity 22+4 or 26 with no 1\DApassengers, periineter Style Ford V•lO gas engine with gaseous prep engine package . Foro automstic tt:ansinis~ion · · 200 AMP Mitsublshl illternator DualS D batteries on slide out tray 22,QOOGVWR · CNG conv.ersion with larger capacity of:37 ;s GGE (CNGJ .· Intellitec multiplexing eleCtrical system (Larger Capacity) · El«tric entrance door Cow catchtlr · Center headlight Brl!SS. bezels on headlights Brass bell ori roof • Authentic trolley passenger win4ows with etching decals Cupola windo'ws with etching decals All wopd interior RCA transit flooring Two color exterjorpai,rit scheme Brass interior PII8SCnger cbltnes ·All. brass interior stanchions AM!FMJCD player · PA~stem 4 interior !!p(:akers Safety equipml:rit Backup alarm . . · J)river dash air conditioning and heat 3.5,000 BTU's . 'l Wood slat seats- in PQ:rimeterstyle · Full ADA package including Braun or Ricon wheelchair lift, two. wheelchair tie downs, two flip seats over wheelchair area, brake interlock, ADA signage arid lighting, sq;wate wheelchair iloor

FOB Los Angeles

Items not included on SPeC sheet but may be a good iilea to incl11de:

Heavy duty front aodrear air oonditiOiling 120,000 BTU's · : ) 440 :Ma:r{LJJatry (])rive, 1t'er,£em:m, .!No/ 89011

01/29/14 ~DIO.Te::__ _ _ 1------:------381.00 ------1 1------~ 361 .00 (30·-1• OA SOOY) ------1 t----- 122 .00----~r------190. 00------..__-

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I -201 3 STARCRAFT ALLSTAR XL 32' TRANSIT BUS -30 SEATED PASSENGERS OR - 28 + 1 WHEELCHAIR OR I - 24 + 2 WHEELCHAIRS FORD F550 XL CHASSIS WITH 19,500LB. GVVVR I 6.8L V10 GASOLINE ENGINE ) 40 GALLON GASOLINE TANK 5 SPEED AUTOMATIC TRANSMISSION I 109 I I . . ..

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) 110 DRAFT STARTUP SCHEDULE .

111 l-:_;_-Lc-·:::·~n--Piannlng TA.taiUOnMMtiRQS WMidy T.-n·Tran.nfon ~~w..-.~-~--~----~~--~~

R.ev.nue.V.ti!Cie. Fueling & M•l"tenance ln~n-~-.nd- I~n~_ --EOiOblloh--Eq-______~on. ~ RUnCUt ~- .. -twa v.rtftcaaOR/Aiidit'- Ropo

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DRIVE CAM f3.l!f(;g . 4,. ' .

· -· ----~--~~--~~- ' I Q.pti.onal Solutions Fu~(· Management C l OrfVbm•s behavior-based. Fuel ~ement Solution Is a new and ~ toe! for lmprovlflg ffeet performance. lrtte,ratecl l'lto I Drtveeam 6n.llne~ our solUtion ~bl.nes ,:ea}-dme In-cab feeiifback with oAI~ reporti1g ~ co3thing to rmp~ fuel efflclency. - by up · ~to •2%- and lower emissions. I · ~1~et Tracking Fl.~~ safety managers can now get a raalrdme ~ of.d:K!lr fleet I : · operations - helping to ensure cornpflance and·lmprove .I productivity- with !mmed~e , access to r.eal-time $b.tuS, trip hlstor)'.-anrtveCam Onfl~ . there's no need for addldonalln-cab equipment,.~ peripherals Qt ex'tr'a· 50ftwwie. ..

NO OTHER SOLUTION ... . PROTECTS YOUR DRNERS AND YOUR B.RAND, PRIORITIZES KEY CONCERNS . AND ENSURES BOTTOM-LINE RESULTS. ••• :· · · I -:'" ~· •• ~ , ;JJ"'Oo

·H,... · ,~-w- ·. . ·:o-· -r·l~ ·ve- · .-c·-, :, ~ --~ --m·i~,>~ - ~.~orks 0 .. ,'-J·. -.. : - . ·. . . - ...... ?"' '~ -DrWecam~s · core behavior-ba$ed safety ~olution fccus• ~ l · ~ey question: how does an operator know ..tb~ :~ · cf~"~~ .~~11&f9CJ.d·~d~g~- ~~p,.rl jp~•s ~mprehensive solution identifies, prioritizes : ~- co~~ :th~~ :~1eS : CJf ~r d~x~c· ..:. ~~.. th~r f~ to. a collision. This "programmatic approach" .ti'e.rps:dl~ .. tt-anstorm ·t;be.ir A{iftY l ct;~ftUf.e . ~res ~IX:h;.Jine results: preventing collisions, fraudulent dJlirm·~ -~~ o~F>,g exp.ns_. -whAfi ~ni.·ttteJr drivers and their brand. 0 MQNrtOR.D(WJNG; PROVIDE 0 ANAi,.y.zE, SCoRe & PRioRIT.IZE 0 COACH DRIVER REAJ..:.l'fME·~.EQ'BAO< Propriqy data lnll)1b, ~led wid1 Aexlble coaching and training methods are · OrMCim.'s VJdeo, £venc·RecOI'del' ~u­ - ~~~.~'!he causes of applied based 00 operational demands and .. ~me,. _~~ apairi!s drMng .~ poor~ and pttorftla lldfons needed to organizational profiles. and~rakime~~ . nMIOde fiOet rWk and~ costs. 0 SAFER DRIVER RETURNS TO THE ROAD G UPlOAD VIDEO & D~T.A 0 ACCESS J;>IWER MANAGEMENT PORTAL Condnuous monttorlng verifies that lessons Exception-based vtdeo 1101;1 data .,.. <;onn,tnble a..tu.dna.dlencs to online have beeo applied and protects drtvws, u~Vt,a•*'"~~-~ tool$, lndudJiw cfashboar.d:s for company­ resulting In fewer prcwentable collisions. · to ·PrlYe.¢am~s Data·Cein_ter -and are wide ~bflfty ~ - ~hy, and hotspot ~~tothed,...... rnlfJjit•fot ~of poor drMng. · Ensuring yoUI" program Is on trad<, Dr1veCam prognim revlttWs provkle beilchmarl

O The DriveCam Difference Without Sight and Sound, You're Only Guessing J ·.at the Truth · Exception~ vfdeo Is the most efflclent and effective way to Identify · poor drMng ~havfor. With a video and audio record of the root-cause· . ~or. o~ can more·easily communicate with drivers and · COfTeCt behavior before It leadS to a cOstly collision. VJdeo Is also the onlx way ~ protect drivers and fleets from fraudulent claims In the ev.ent of a collision. ·The Program is Simple, Efficient and Guarantees Long-~ting Results QriveCam ·transforms volumes of data Into slrnpJe priorities, guldjng 9perators to 'take appropriate action. Our web-based application, QrtveCam Online, ensures accountability and allows for benc:hmvklnt .cross your ~on . · DriveCam Js a Proven Partner OiiveCam Is dedicated to unde~ing and optimizing effldent and $ife driving. Working closely wfth our dlents, we cootlnually lmprcve our people, processes -and technology to prevent waste and save lives . .Our experien~ and e>q>ertlse include ••• . . .._ · Pr~ Ai.itlts!' ~vings of up to 80% In c6Jtl~on costs and 12% In . t ruef C:OnsuirtptJon

~ · • .Protect. .. ~ ..001000 drivers In more than 50C) comnierdal .a.nd . J -~ ~ oeets ~a variety of transportUiorl ~ors worldwide.• I . Monlior more than 20 billfon cftivtnJ miles anr:Wafly •. FMCSA-fll1dec:f stUdy validating the efficacy of the DrtveCam Sofutlon c

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'• •.· 0 • SATISFIED CLIENT LETTERS ·

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Jariuary 17, 2014 .. ph: 415.22$.0855 .· .·· fax: 415.226,0856 rnanntf'alsit.org City of Fairfield . . . Attn:Wayne l_ewls, Project Manager 2000Cadenasso Drive · Fairfield, CA 94533

RE: Fairfield .and SUil!un TransitRFP 2013-14 board of directors Dear Mr.Lewis:

ba"ba-a heller I write to share my experience working with·MVTransportation president here at Marin Transit. MV was originally awarded a contract to: dty of..., ial$ril provide rural service for Marin Transit in2006. In 2011, after a competithie procurement, MV was awarded a new and expanded contract to provide rural and seasonal service- for Marin Transit. judysno/d. The seasonal service is a summer weekend shuttle service that vita president supervisor district 5 takes passengers from aPark and Ride lri Mill Valley. to the Muir Woods National Park visitor center. In 2013 Marin Transit further · expanded the service provided by MV Transportation to include k

119 ;.;..,..,___;_...;. ·~.hi!Wwl(lilfiy h!t.slM!illiifi!IY • > .- ., • - .- - - ' ' - -··.

J!Ui~ l(;, 2'014

To Wholli. It May Concern;

ThisJettet ofieco11ltllm(iation isibrMV Transportation Who op¢ra.tell®d -~ fixed. tout~ bus ~tees for t1r¢ Livetmore Amador Valley Thlnsit A,utbm'jty (l,AVTA), MY bas been LA VTA 's contra.cJed op¢talor since 4()02, · · · ·

. MV's on•sire management twn ~~ tq ·be ofvery higbquidity; They WQtklang hotll11 to liil$l;lte cur. services .qre tieliVered daily in a .cost-efl'ective lil~Ulnet, :tlli$ is V¢1Y · . n~UllhapPt®l!Ued liS LAVTA still.stmggles to ov~ til¢ ti®nciill !iliAU~ wili'aee in the transjtini~U$W. · · · ·

· N$wo1thr in tlU$ paSt Year hill! beenfhe jmpi'QVenllmtin safety and the reduction in . ~ble .a¢eidtnts we haye ~eJUWd. LAVTA llllftere.d.a b!ldywin 2012.. '1rtda cone¢rttd effort WR$launched byMV in 2013 .to improve. As a ~Mctl'• fl:tn' fu.l:identl! decreased greatly, ·lllld liability lind property datrutge c~ were· similarly reduced. · · ·

In short. MY .contin1.1¢s to l!eliver~ quality service to LAVTA11Ildcontirt1.1¢Sto~m eli:e!dlmt partner in the 4eliveryoftn!QSit services to the Tri-Va)ley c

~/~ Pa:ul ~tsuoka Executive Director LAVTA

!38;? ~~~ $lllte ~1'10. • LilillllUii&Uil, C>'\. !litSI!l ~ • .,~ • .($ti) 4'•f$"4~15•fax 120 ·~y;th$111§btlts.cilim ....·-

· Lastly, as· I refiecton20IJ, I loQk at all of the resources that Were usecj to operate and improve our sy~ Orie oftb:ose resolirces is lm!fWledga MY's llailfo~ Division Team is at tire top of my resource li~ ±Or transkrelatedlmowledge, Tii,e lilUIRml DivtsiQn Team prgvi

l ariJ. proud ofthc; excellent service that We provide, the ooJlabPratfve rda1ioJiShip ~t We bave. forged, mid the ability to overcome obsJacl~. I would like to express mythaJiksto the Hanford DivisiPn Team for all oftlwir 4e

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• TRANSPORTATION ..,ell ~AuTHORITY COUNTY@ EXI'RF'SS

December 18,2013

John Siragusa President, MV Transportation 5910 N, Central Expressway, Ste. 1145 Dallas, TX 75206

RE: Commendation of County Express Team and General Manager Tony Mercado ,_ "'L 1\...hn Dear Mr,....=,.gusa: 0 v

I am pleased to provide this commendation letter for Tony Metcado of MV Transportation and the entire County Express operations team. I have worked with Tony and his team for the lllst 7 yea.rs. During this time, I have come to appreciate all the hard work yoot local team bas done, the knowledge Mary Leon brings to the team, and the leadership of Tony Mercado.

. MV has a proven track record when it comes to the safety of passengers, drivers, and vehicles. MV drivers are courteous to passengers and go the extra mile to make each trip safe and on-time.

Your local team effectively communicates with my transit staff when issues arise and helps to resolve issues promptly. This open communication is critical to maintaining high quality transit setvicc to riders in San Benito County.

Tony also sits as the Chair of our Socisl Sctvices Tmnsportation Advisory Council where he provides valpable opemtional information to Council members.

Through the leadership oflviVTmnsportation, I hope County Express will continue to improve and ridership will increase. We will be implementing new dispatch software technology which will · improve the efficiency of out opemtions.

I look forward to another successful year working with you and your MV Tmnspartation team. If you have any questions, please feel free to contact me at (831) 637- 7665.

Sincerely, '/l~tcu-~ Lisa Rheinheimer Executive Director

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330 Tres Pinos Road, Suite C7, Hollister, CA 95023 Ph• (831) 637-7665 Fax• (831 ) 636-4160 www.SanBenltoCountyExpress.org 12-2 1219113

To Wh0tt1 It MayCO!lCelT!!

Thjs letter is in qittd to 1he.MVTtliJ:ISPOitation. Inc.'$~ as att$!$it !Wntractor in the operations-ofGET My ltide. 011 behalf Q£$lko County 1'rtmsit~

Elko County ~ a lllllft!l d~>~nse 11'8n$it sendt;e in the City €!f Ell«l.;m.d in -~ ·· · · ""A:•* . tJii . . • ' .is ·," il fl tlnJ ...... ,.,._.,..,;;1,.. .. ~<' •· •' . d ;;..<.,...1<. ·.WifJi surro~~. --~~~. ~Y or _.· .. ~---!1-~.~~~n .. ~.- . dlsabilirie#. bUt-_~-~~ pUblic as well. W•wtmt $1tforRFP'~.J,Qy .ot$1.3 ad we · · werelookiJjg for' atow l1lillP tflin.p fiGm the ®n~:l)T•~~.~ iili ~ ~ ~ill vnry·_f9· -~- ~~ to the ~ 2) To :·&e·. -~ wittt- FTA. regulations to:th(j ~ ~e; artd 3) 'hi have timely find aClli:ll'f® ...

I was pleai!II"V7 -~- when J ®mpatty the size l®i with- flal. ~ettee of MV ~ lnO. sent·m ll.fii(IJ!l!JSIIL . ·OM o!tbe.~-t.bi.¢:$Mq ll~P..-.#'111- ·wifh_l.tv T~~;·~~tictand~.~~-.-·ll510Wil_· . PfA_~--~~c.dMafnlel111tl_.,ppfipiia- $#. (ley~~s#'ety ~- ...... · ...... , ;...;..!: : _.,..A,· .. -· ,_ · ·""'A" ftQil.it..· ·. · .w~·'-•m...... 'me ·lils€! · ·.. · 'I . -~~~!ef---~- .. 4t$(1·""'"111'e . __ ....,._. _ _.W<:AA'~-. . Y. . -~Y 1\...:;Y wii~Ube locafl~;~ ilite~,fo their oWD. ~l!*illekls. · · ·

MIU'k .Bllits. the VW.-~- of~-· No~~tmveled~•here ~timfsto ll&Sistinlhe~art4'is~~:at-·n:·l)y~«JX·· Qo-~~·'~ Mtwlger._~l!f4cwt·vm~~ ~~~~~-·~fik _· .. · =~:::-~.-=:r~esOZr~===-m::;: proper xua~~lliJI,th'~~ _~y also brou&tlt1h,a·,.®~ • .__~- Iaoatlon to telildytbe ~tor the swifupto this companythim·i.lllt~®B ~.

Part of the RFP was to~- Qll onsile maqager, MV ~Ott. Jm. hired !lJcrad ~ With seven yeat~~ of exp!!ri~ fi:o!D ~ Ogden 1~ >Q,l!lil,~ - to £lko to be jhe. """-tions'-"Y"'" . M ~-··.. ·· • ·-··.SheliM.bro'·ftlri_ .... __,_ -~-· .....· •·. ·. ·Y to ..Out- ~· ·_·. ··_ ,aJ_· .ems-.,.-~·:-·~~. · · -...... ,~...... ,_· .· ·"" ·,•.cusw_ · . ·-.mer.· .. setviQ!l. She ~d$ :die FTA ~orts, .traillS W StafrtO :tlU!.-~ @JJ(l_. provides ace~ IIQ.d. ~Y n;p<>~ She has also " a ~e ~-ltf ~the sohlld\iling, whieb,JJas .oa'irsed au inCli.'CiiisiJ.of ridership and ~e; · · ·

l e&n honestly say; this has ~ the best change for the transit service in this area.

Sincerely, ', • iJ /' &__ tbd}. . _·. 7!~ ~,JJ ) Ab~Wbeeiet

123 Carlos Hernandez . . Mayor • JoseF'. Catagol. . ds G~~iaC.Mftrlin.. ez • . COUncil l'rosUimt Viviall CasiJs"Millloz Katharine E. Ctli!-'Fuente Lnfs Gonzalez PanJJJ.IJin!mdez .~I Vi~ Pi-c;Si~t City ofHialeah .Lontiles Lozano.

Decem~ 03, 2013

MV ConttijCt 1"ransportation ·· Ed Overn .Regton;t~ Vice Ptesldent

Mr. Ed Overl!,

1ain writing thlsle.tter to share now pleased 1am that we have MV TransportatiQil as ourservite · .prov.lder ((}!' tile City of Hialeah Clrculat()d We have s~ the tllfferellCf! tbaUt inabs as 1have said, now we have a 'professional company' serving our eommunlty;

We ha11.e sean a decrea$e In ttte Dumber of customer .calls and eomplalnts' 1was. also Impressed atthe . level of training I ob$erlfed be~ given tO the bperatOtsi Your Safety Traililng /Jrogram fat surpams · what our previQtiS provider had given tO our drivers. 0 With Mr. Anthony ROdriguez as General Manager, we have a true partnership that we feeJ. Will take our senlice. . tQ th!! ~Jevel. Mr. Rodriguez. ) has bean dedicated to lmprov!ng'the. &erll/ce. and worklttgwlth us to make thl! needed changes from the beginning. He has done an .exteUentjclb m creating a . professionalcUrnate to wotk Ill for the Operators. We also see the corporate SliPPort that MV has provjded In the areas of safety and Maintenance.

I look forward to worklngwlth MV Transportation and growing our service to rne¢ HlaleBh's Commumty nl!®s. We .have had a great start and appreciate the MV Tearn and their dedication to providing the be;t service possible for the City of Hialeah.

) RautL. M~ez Gowntnem CmiU SOl hbn i\vatue,-Hillab. P1orfda •13010-4 719 -.hiUcabn-&OV 124 October15,2013

Marsha MQore .MV Transportation, 1M. . · · 5910 N Central Exprt!$sway, Suite 114.S . Dallas, lX 75206

lte: Implementation :ofTiniePC~Jnt Software Prod1.1cts at Spolame Transit

Dear Marsha,

I thought Iwould give vou an up.c;iate on our Implementation ofthe MVTransportatlon; lni:: C,u.stomer Service Enhancement wchno~gy products that MV pr~vlded to STAas pi!rt Of 9ur contract with MV, As you are awa% ;unaln factor In Spokaf!e Tra11sft selectingMVas our contractor was the /mprnvel)l&nt lnle¢h no(ogy that yourt®ril provides as part .of th~ · contractual ,rartnershlp. · · · ·

We have bee.ri working with your ta¢h111'ilO&Y team $lnce Augtfst tQ P.reJ;Jari! our plloti fQr the Agency M«llnltor (Atl!hcy triP 1ofMtiatlon) and the Mob! App (intlhtidual cllentttip lnformation-Thebus.mo:M prPack from ;fpncyper$onnel wa:s nothing but J11(1Sttlve. M8mb.ers of a dialysis group could s.ee the 11dvantW Well the patient. was doing in the!r proc~ Our loqti ADH group .Was· pleased to not only t;~se the tnformatl.Qn as dowmentatlon of thOse persons they are serving on a dally basis, but.also as il8Ulcle ta group their dlent$ tog~her based on the estimated ptck up times and van Information, llelpillg speed up ovrplck up prote$5. ·

On October 9, 2013 we held our Paratn~nslt Users Group rne.etlng. This group prOVid$ feedback to Spokane Transit on our service and (liVes us reactions to upcoming :service changes we are considering. We Introduced the Agency Monitor to them at our last quarterly meetlng In June. Several m.emhers ofthis group are employees ofthe pilot agencies fotMV's Time Point products. AIIWho have used the Agency Moniter have be.en pleased with the product, They all had overwhelming. p.osltlve feedback. regarding. the ease · of use and they were surprised by how acturate the information was. We al.so previeWed the Mobi Ap.p with them. This generated much excitement. ami;l/l85t the Group. We had .. ·· several volunteers who wanted to pltot this program and eadi had a dlfferant reason. They liked the Idea of not having to call in and wait, theY liked the Idea of seeing their trips for· the entire day and they were ~uslastlc about the fact that they would know when we were atriving.for pick up and an estimate ofWhenthey would arrive at their destinat!Dn,

.328·1\IOE I spokan. etransk.com 12l"OW.8ooneAvenue ' $Ot.US,l000 ' I 125 TTY 456·H27 Spokane,Waolffngion 99201·2686 I so,,-s2·s~6(jJ4· ~ ' • WEJTCRTM. W$1tem co.ntr11~ta 1liall.slt A~lhotny Augustl9, 2013

. Mt. Carter Pate, CEO MV Transportation, Inc. S9JON. Central Expressway, Suite 1145 . Dallas, TX 75206 .

. Dear MJ:. Pate,

As WCCTA enters into the first yearof a neW contract period with MV Transportation, I am writing to express my .Sincere appreciation to you, yoUr exce11~t staff, and to tho entire MY organization, for the OUtstanding serviee we nave received throughout the previoUS 13 years of . . .OW" partnership with you, As you know,we were pleased to awar.d anew multi-year contmctto. MV in April, 2013 after a partietilarly competitive procurement In the end, the deeislon to ·award to MY came down to our desire to retain the oUtstlinding.local mailagementstaft'MY has ·committed to tllis contmct. · · ·

Our partnership with MV extends back to the year 2000, when WCCTA made our first contract a~d to your firm. We consider ourselves extremely fortunate to have hJid Electrii.Jeterin the role of MY's Pinole Division General Manager throughout the 13 years MY bJ1s operated our fiXed route, paratransit and express bbs services, and maintained the W:CCTA fleet.

Electm has worked in close partnership with OW' agency to expand and continually .improve service to oUl' .community. She has assembled. an outstanding workforce, and has been proactive · in creating the culture ofopenness and trust that defines our location, and thai governs the • · interactions with our passengers .and the broader COl1lttll!nity. AdditiolliUly, She has been extraordinarily generous with her own time .and finiulcial tesouroes in responding to a broad may ofcharitable and philanthropic projects in the local area These efforts have inCluded providing m:CI1Js to families in need on a nwnber of occaSions throughout the year. Though Electm prefers to maintain a low profile about her support for less fortunate members of our community, her · contributions are recognized and sincerely appreciated by the WestCAT staff and Board of Directors.

It is gratifying to see how successful Electra has been in establishing a workplace where etnployees are valued and respected, and where people eqjoy coming to work each day. In preparation for a dti ver appreciation event latet.this week, we have been pl"¢paring · commendation certificates for all MV employees who have .been working at our h:ieation for fiVe · years or more. Perhaps nothing better illuslmtes the effectiveness of Electra's approach than the fact that the vast majority ofher employees fall into this category, with many having served the community for over fifteen, twenty or twenty five years (and in the case of the longest tenured driver, more than thirty one years). ) I 601 Wll/ter Avenue Pinole, Calfi()tn'* 94564 I FAA{S10) 7-2~1 • {510) 72¢-33:':11 1 MUNICIPALITY OF ANCHORAGE

41t._P-ub_l_ic_T_m_n_s_p_o-rta_t_io_n_D_e_p_a•rt•m•e-nt______~------9-0_7_-3_4_3--8-4_0_2

Mayor Dan Sullivan

August 6, 2013

City of Colorado Springs City Contracting Division 30 S. Nevada Avenue, Suite 201 Colorado Springs, CO 80903

Re: RFP R13-072JM- Management and Operation of Paratransit Service

To Whom It May Concern:

1 am writing in regard to MV Transportation, Inc.'s performance as paratransit contractor in the operation of AnchorRIDES Coordinated Paratransit System on behalf of the Municipality of Anchorage, Public Transportation Department.

MV has performed well as our provider since July 2007. Overall, we have found the company and its employees to be responsive, reliable, and effective in their duties. They improved the reputation of nchorRIDES with our customers and In our community by providing professional and safe service. • In coordinated transportation, MV successfully manages and operates multiple modes of paratransit: demand response, deviated fixed route, and shuttle service. MV capably provides various service level requirements transportation for ADA paratransit, OAA Senior transportation, Medicaid Waiver transportation, Title 1 pupil transportation, general public deviated fixed route and a health service shuttle. These multiple funding sources have different eligibility rules, service hours, service areas and faring and MV has been a willing and effective provider for "one-stop transportation service" throughout Anchorage.

Additionally, MV helped us achieve a great 2010 FTA Triennial Review, with exceptional ratings in the area of maintenance. I anticipate the same results in our upcoming 2013 Triennial Review.

1 recommend MV to any agency looking for a partner in the operation of their transit systems.

Sincerely, bavt Susan Shiffer AnchorRIDES Contract Administrator Municipality of Anchorage 1 Public Transportation Department P 907-343-63311 F 907-343-40421 C 907-244-2020

)

P.O. Box 196650 o Anchorage, Alaska 99519·6650 • htlfl'liwww.munr org 127 • PLANNING DEPARTMENT

June 18, 2013

Ed Overn Regional Manager MVTransportatlon; Inc.

Dear Ed,

It Is with a great deal of satlsfat:tlon that I write you today to tell you about.the status of MV's management and operatkms of our Cary Transit since Valerie COurchesne was assigned her role

The system is now setting new records on riderstjP· Customerservlce has improved and complaints have decreased, particularly on our door to door,servlces. She's taking bold action to deal With tough ·.',:.. personnel issues and bringing ill better staff. ThroughVaf'.s efforts, we have also set new all tim_e high . •. .0 records in passenger trips per hour on our door to door services over the pasttwo months.

It is so nice to have a GM who is highly competent, a great communicator, super motivator, and highly respected by Town staff and herown MV staff. I thank you for helping to make this happen and ;Ill that you do for our system asweU.

Valerie is constantly thinking outside the box on how we can further Improve our system. This Is. something that she doesn't do just every now and then, but every day. We are fortunate to have someone of her caliber and hope to have her at the operations helm here for many years to come.

On behalf ofthe Town of Cary, thanks for all that MV does to make us the great system that we are today. We have more work to do of course and wUI need your support as we move forward with additional improvements in tne nearfuture.

) TOWNOjCARY 316 North Academy Street • Caty,NC 275U • PO Box 8005 • Cary,NC 27512-SOOS tel919-469-4082 • fax 919-388-1103 • www.townofcary.org 128 Ashtabula County Department of Job & Family Services.

£fRVIC:fS PatrickJ. Arcaro. Executive Di~ctor

.ACTS lOb Source/ ScicioJI!mi""'/ Fmad l!oi.U.. N.ursiag !tome Thll- om: St

March 28, 2013

KevinK.lika CbiefOperations Office MV Transportation Inc. 360 Campus Lane, Suite201 Fairfield, CA 94534

Mr.Klika:

I am writing in regards to the service MV TriUlsportation Inc. has provided toQw; County in terms of the operation ofthe Ashtabula County Transportation System (ACTS}.

ra\.!11. Denita Fields, General Manager, has been responsive to our needs and our community passengers. She maintains a "hands..on" approach and spends countless hours working to ensure · exceptional service to the public.

In addition; we are pleased with the corporate support and follow up given by Chad Hockman, Regional Vice President, when we express concern about something that may need attention.

In closing, our partnership thus far remains positive and I would like to thank MV Transportation, Inc. for .the job they have done at all levels of the organization.

Respectfully,

CC: Board of Ashtabula Coilnty Commissioners Susan Stoneman, ACTS Project Manager ) 129 l9l4 Donahoe Di'lve, Ashtabula, OH 4411114 Toll Freel I..IIDD·!i35..fi24Z • City of Show Low 550 North 9th Place Show Low, /JIZ. 85901 February 28, 2013 Telephone (926) 532-4000 Facsimile (926) 532-4009 Mr. Wayne Fritz [email protected] MV Transportation www.cl.show-low.az.us Dear Mr. Fritz:

It is with great pleasure that I write this letter of recommendation on behalf of MV Transportation and your general manager Thomas Hakenewerth.

On July1, 2003 I assumed the administrative responsibility for the public transportation service (Four Seasons Connection) in the City of Show Low and the Town of Pinetop-Lakeside. Despite years of administrative responsibility as the Community Services Director with the City of Show Low, I had no experience whatsoever In dealing with public transportation. Now with nearly ten years under my belt I appreciate the fact that MV Transportation has made this administrative opportunity a very pleasant one.

During these ten years, MV Transportation and I have enjoyed a very good relationship and have been very successful in working together on a number of Issues. In particular we have worked hard at continuing our comprehensive marketing plan for advertisement on the buses () that has proven very successful. We have worked through a number of difficult route related issues to the satisfaction of the majority. In addition, we have successfully started and maintained the White Mountain Connection (commuter route to Holbrook). We are currently· working with the White Mountain Apache Tribe in hopes of adding a public transit system that would meet the needs of their people.

MV Transportation has always been willing to do whatever it takes to get the job done and has made my administrative role a very pleasant one. If I have a concern, MV Transportation always listens. If they have a concern, I always listen. We have developed a mutual respect and appreciate the respective abilities that we each possess.

The Four Seasons Connection and the White Mountain Connection, under MV Transportation's direction have become very important parts of the transportation system in the White Mountains. The popularity of these service continues to grow and it meets the needs of many residents who would otherwise be without any means of transportation. MV employs an excellent general manager and he has our respect, the respect of his staff and the public that we collectively serve.

It is obvious that Tom has the support of the leadership at MV Transportation. We look forward to continuing this productive relationship well Into the future.

Sincerely,

-·~-· ). unity Services Director 130 I I

\ I I I I I I I I I MV Transportation I Presentation to the City of Palm Springs

... . -W M V TRANSPORTATION INC . ------·-······~I · National Experience

• 58 Years of Experience • 16,822 Employees • 9,547 Vehicles • 217 Contracts • 146 Locations - - ~ --....:...---:.... - - ...... ~ ,., ... ., ., . ----.. ., ...... \ Strong Southern California Presence

• Los Angeles • Lynwood • Orange County • Santa Monica • Beverly Hills • SanPedro • La Mirada • Downey • Irvine • · Whittie.r • Santa Clarita • West Covina • Thousand Oaks • Van Nuys • Glendale . • Oxnard · ------~---··-········-~ Keith Everage, Jr., Project Manager

7 Years Transportation Experience

Current General Manager for the City of Burbank-Fixed Route

Oversight of 17 CNG buses, 18 Operators, 4 Staff Extremely Familiar with Southern California Transit Regional· Support

· Judie Smith, Regional Vice President

Hector Vargas, Director of Safety

Phil Tellgren, Director of Accounting

John Siragusa, President

Joe Escobedo, Senior Vice President .··. ------··':"··~·········· I Proposed Fleet ·. ------.-----~~--~~--~~------1 • 5 BRAND NEW 2014 ',, I 30' Supreme Classic I I American TroUey I I I • 26 passenger or 22 with 4 I I wheelchair capacity with lift. I I I • Perimeter Seating . I I • Authentic trolley passenger I I windows with etching I I I decals I I • Full ADA package including I I Braun or Ricon wheelchair I I lift I I I I I I I I I I ------·-.--. ... --- -.-.. -----. ' .. -' . . Upholstered Perimet~r Seating ------····--············------Transition Plan·

Unmatched Transition Experience and Client Support

Commitment to Retention and Retraining

SignificanfSupporfPersonnel to Ensure Everything is Addressed

Reputation for Transparency and Building Positive Relations ...... Professional Programs

84 Hours of Operator Training .f\\(tl"A!)

LLLC: The Four Driving Principles to SafetyrM

Nationa/Accounts and Vendor Relationships

Incentives Reduce Turnover and BoosfMorale·· - :_---:_.. -:;.-_ ----...... , ., ., ...... , .. .., .. .., ..... ' Automotive Service Center ---

ASE Certified Mechanics

ASE Master Certified Automotive Specialty

Certified Tech-Net Facility

In Business Since 2004 Unconditional Satisfaction Guaranteed Warranty

In the event the City is dissatisfied_with MV's serviceforany reason during the term of the contract, the City may terminate the contract. In the event the contract is so terminated, MV will refund to the City any and a/lprofits made by MV resulting from this contract, during the fina/12 months during the period prior to the termination. EXHIBIT "D"

SCHEDULE OF COMPENSATION

Refer to Section 2.2 of this Agreement for Payment Terms and Conditions, including submission of timely invoices for services rendered. Under no circumstance shall services be paid for in advance. The Contractor will be required to provide the City with monthly invoices for service with copies of time records and other documents necessary to support invoices for each route.

Compensation shall not exceed the maximum contract amount of $918,874 (nine hundred eighteen thousand eight hundred seventy four dollars) for Year 1. In the event that the project is terminated after Year 1 the City shall additionally compensate the Contractor for the difference in the depreciated value and the market value of each Trolley in an amount not-to-exceed $24,334 per Trolley. Maximum Compensation shall not exceed $856,985 for Year 2; $863,592 for Year 3; $888,300 for Year 4; and $893,222 for Year 5.

In the event the City requires Additional Services for special events, etc., beyond the regularly scheduled trolley service, the Cost shall be charged at the Variable Rate, Per Hour, Per Trolley (see attached itemized Cost Proposal/Schedule of Compensation) as applicable by Year.

TERM: The dates on page 1 or on the signature page of this agreement shall NOT constitute the "Anniversary'' date for the purposes of determining the 1 Year Pilot, or subsequent 4 years. 1 For the purposes of determining the "Years", the first (1' ) Year shall commence on the date that the Trolley program STARTS OPERATION. That date will then become the "Anniversary" date of the program and contract and all Pricing will adjust as per the attached Cost Proposal/Schedule of Compensation on that anniversary date each year.

720669.1 141 .. ' ' .. ATTACHMENT "C"

"THIS FORM MUST BE COMPLE11;D AND SUBMITTED IN A SEPERA TELY SEALED ENVELOPE#2 "Cost Proposal", NOT with Envelope #1, Technical/Work Proposal•) Please provide 6 cop~s, with one marked "Original"

REQUEST FOR PROPOSAL (RFP #12-14) TROLLEY SERVICES PROVIDER

COST PROPOSAL- 4125/2014 NEW lROLLEY OPTION

Responding to Request for Proposal No. 12-14 for a Trolley Services Provider for the City of Palm Springs, CA, t/WE will offer the following Total Cost proposal to operate the Trolley service for a 1 year (pilot) period. The Total Cost is broken down and itemized showing the separate costs for Labor, all Equipment, Equiprr~Mt:JIIIaintenance, Equipment Fuel, Storage Facility/Location cost, and any and all \?illil~ associated costs to provide the Trolley service. The above mentioneo costs MUST be spe~ itemized and identified in order for your Proposal to be considered responsive. We understl!nd that failure to provide the itemized costs as requested in the RFP or utilizing A~\l'awl~-'C" may result in the rejection of our proposal, and that the City may negotiate the C9-'"' ~~'Wlucture of various components of the program if it deems it to be in the best interest of the C~y. The undersigned Proposer proposes and agrees to provide all work and services nece~~l¥· to deliver Trolley Services as defined in the Scope of Work herein.

NAME OF FIRM SUBMtmNG THIS COST PROPOSAL: MV Transportation, Inc.

TOTAL COST FOR 1 YEAR TROLLI;:fll.ERVICES·. PILOT PROGRAM:

Nine hundred eighteen tho4s_and eight hundred and seventy four dollars (PRICE IN. WORDS)

ATTACH TO THIS PAGE·"foUR ITEMIZED COST BREAKDOWN AS REQUESTE;QIN THE RFP DOCUMENT,

·.]

• ··t '

142 COST PROPOSAL DETAIL FOR THE CITY OF PALM SPRINGS SUBJVIITTED BY: MV TRANSPORTATION, INC 4/25/2014

NEW TROLLEY OPTION YEAR 1 YEAR2 YEAR3 YEAR4 YEARS 5YEARTOTAL DRIVER WAGES $155,358 $157,885 $159,913 $161,578 $162,870 $797,604 STAFF WAGES $107,679 $108,756 $109,844 $110,942 $112,051 $549,272 PAYROLL TAX $26,705 $27,026 $27,249 $27,526 $27,709 $136,215 FRINGE BENEFITS $17,051 $19,519 $21,411 $24,602 $27,212 $109,794 WORKERS COMP $14,874 $15,149 $15,318 $15,544 $15,670 $76,554 LIABILITY COSTS $30,257 $31,894 $32,084 $32,288 $32,481 $159,003 RENT & UTILITEIS $32,089 $31,896 $32,844 $33,828 $34,836 $165,493 VEHICLE DEPRECIATION $134,220 $134,220 $134,220 $134,220 $134,220 $671,100 HIRING COST $3,042 $4,768 $4,891 $5,014 $5,138 $22,853 WEB PAGE DESIGN & HOSTING $11,000 $3,096 $3,192 $3,288 $3,384 $23,960 TELEPHONE, INTERNET & RADIO $4,680 $4,824 $4,968 $5,112 $5,268 $24,852 LICENSE & TAXES $2,075 $2,137 $2,201 $2,267 $2,335 $11,015 $840 $876 $912 $948 $984 $4,560 $81,936 $86,096 $86,096 $94,706 $94,706 $443,540 $124 153 $129,615 $133,n4 $146,069 $150,908 $684,519 START-UP $51,552 $0 $0 $0 $0 $51,552 OFFICE EQUIPMENT DEPRECIATION $9,215 $8,820 $8,828 $7,659 $5,921 $40,442 INTEREST $37,784 $29 387 $24,624 $19,725 $14,714 $126,234 TIMEPOINT GPS SOFTWARE $4,740 $4,884 $5,028 $5,184 $5,340 $25,176 MOBILE VEHICLE TRACKING APPLICAITON $600 $618 $637 $656 $675 $3,185 ADMINISTRATIVE $50,312 $38,351 $38,653 $39,n1 $40,002 $207,089 PRE-TAX INCOME $18,714 $17,169 $16,905 $17,374 $16,798 $86,960 TOTAL COST $918,874 $856,985 $863,592 $888,300 $893,222 $4,420,973

Annual Fixed Cost $280,315 $282,076 $285,736 $293,664 $296,000 $1,397,358 Annual Variable Cost $638,559 $574,909 $5n,856 $594,636 $597,222 $3,023,615 Total Cost $918,874 $856,985 $863,592 $888,300 $893,222 $4,420,973 Variable Rate $55.05 $49.56 $49.82 $51.26 $51.48 $52.13 Hours 11,600 11,600 11,600 11,600 11,600 58,000

Notes: • 1) Cost above based on 11,600 hours and will be billed from the time the vehicle leaves the gargage to the time it returns (e.g. gate to gate). 2) Cost based on using 5 vehicles in the operation. If additional vehicles are needed, cost will be subject to negotiation. 3) Variable and Fixed cost above allow for increase or decrease in the service and mitigates some risk associated with volume 4) CNG fuel costs have been calculated at the rate of $2.87 per gallon. 5) In the event that the pilot program is terminated after the first year, the City of Palm Springs would be responsible for the difference in the depreciated value and the market value not to exceed $24,334 per trolley. 6) Pricing above includes cost to wrap each trolley, vehicle GPS software, and mobile vehicle tracking application and stand alone app. EXHIBIT "E"

SCHEDULE OF PERFORMANCE

The intitial Project Implementation schedule follows on the next page.

Operating Times. The level of service for the subject route requires headway of 15 (fifteen) minutes. Service will be provided 4 (four) days per week with the following operating hours:

• Approximately 56 operating hours per bus per week (224 total hours per week, 11,600 hours annually):

Thursday- Sunday: 11:00 a.m.- 1 a.m (*subject to change)

The City reserves to modify the schedule at any time. The City reserves the right to change the hours of operation and to add, delete and amend services and locations as necessary throughout the term of the contract.

Route: The trolley route is an approximately 14 mile loop extending from the intersection of North Palm Canyon Drive and Racquet Club Road at the north end of the route, to the intersection of East Palm Canyon Drive and Cherokee Road at the South end.

The route and stops are subject to change by the City at any time and may be expanded or retracted depending on ridership, demand, or other factors. The required service level of every 15 minutes requires the contractor to be flexibile to accommodate the City's seasonal population pattern and the variations in peak "in season" and peak "off season" demands.

TERM: The date on this agreement shall NOT constitute the "Anniversary" date for the purposes of determining the 1 Year Pilot, or subsequent 4 years. For the purposes of 81 determining the "Years", the first (1 ) Year shall commence on the date that the Trolley program STARTS OPERATION. That date will then become the "Anniversary" date of the program and will define the start date of the initial Pilot Program, and all Pricing will adjust as per the attached Cost Proposal/Schedule of Compensation on that anniversary date each year.

720669.1 .144 Dndtlmplemt!UtlonSchedule PalmSsM"tng•TrulleySetvlce$ ant •r·Mz_J ...,. 141..-:_:=c:::-:iiL..~~-...1..._"21

*i

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