Broward County Commission Regular Meeting
Director's Name: Coree Cuff Lonergan
Department: Transportation
Information
Requested Action
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MOTION TO APPROVE Eighth Amendment to the Agreement with Super Nice STS d/b/a Transportation America, for the provision of Paratransit Transportation Services, Request for Proposals (RFP) No. C1231306P1, to extend the term for up to 12 months, to increase the compensation rates payable to Contractor for Services performed under the Agreement, to increase the maximum not-to-exceed amount by $75,720,772, from $269,821,898 to $345,542,670, and to make certain other modifications relating to performance and compensation.
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Why Action is Necessary
In accordance with the Broward County Procurement Code, Board approval is required for amendments to agreements in excess of the award authority of the Director of Purchasing.
What Action Accomplishes
Amends an agreement for the provision of paratransit transportation services to extend the term to allow a new solicitation to complete, to adjust the compensation rates payable to Contractor for Services performed under the Agreement, to increase the maximum not-to-exceed amount, and to make certain other modifications relating to performance and compensation.
Goal Related Icon(s)
YES County Commission
N/A Go Green
N/A MAP Broward
Previous Action Taken
February 3, 2015, Item No. 16
January 29, 2019, Item No. 41
June 16, 2020, Item No. 59
January 26, 2021, Item No. 21
June 15, 2021, Item No. 31
March 14, 2023, Item No. 10
Summary Explanation/Background
THE TRANSPORTATION DEPARTMENT RECOMMENDS APPROVAL OF THIS ITEM.
This action supports the Board’s Connected Community Goal of “Cooperatively delivering an efficient and accessible regional intermodal transportation network.”
On February 3, 2015 (Item No. 16), the Board awarded an open-end contract to Super Nice STS d/b/a Transportation America (Transportation America) for the provision of Paratransit Transportation Services, Request for Proposal (RFP) No. C1231306P1, in the five-year estimated amount of $34,292,394, through December 31, 2019, and authorized the Director of Purchasing to renew the Agreement for up to two additional one-year periods.
On December 11, 2018 (Item No. 18), the Board amended the Living Wage Ordinance to increase the hourly wage for all covered employees to $13.27 per hour with health care benefits, and $13.27 per hour plus an additional $1.63 per hour without health care benefits (the higher living wage amount). The amended ordinance applied to all new contracts, renewals, amendments, or extensions effective January 1, 2019. On February 26, 2019, (Item No. 43), the Board amended the Living Wage Ordinance to increase the health care benefit to at least $3.44 per hour, effective January 1, 2020. A second amendment to this Agreement was executed in April 2019 implementing the increase in salary requirement of the living wage ordinances and modifying the passenger trip pricing by $0.91, which increased the not-to-exceed threshold amount of the contract to $50,179,300.
On January 29, 2019 (Item No. 41), the Board approved a threshold increase in the estimated amount of $15,600,000, from the current total base contract threshold of $34,292,394 to $49,892,394, due to an increase in the number of trips exceeding the original estimates and authorized the County Administrator to execute an amendment to the Agreement, approved as to legal sufficiency by the County Attorney’s Office to increase the not-to-exceed amount of the agreement to the amount of the threshold increase.
On June 16, 2020, (Item No. 59), the Board approved the Third Amendment to the Agreement to cover the costs associated with Transportation America assuming the responsibility for providing all Paratransit Transportation Services after the other service provider opted not to renew its agreement with the County. This action increased the contract threshold to a not-to-exceed amount of $95,229,300.
On January 26, 2021, (Item No. 21), the Board approved the Fourth Amendment, retroactive to January 1, 2021, which increased the reimbursement rates to cover the Living Wage Ordinance health care benefit increase effective January 1, 2021. As a result, the overall contract threshold with Transportation America increased by $2,414,400, from $95,229,300 to $97,643,700.
On June 15, 2021, (Item No. 31), the Board authorized Transportation Department staff to negotiate, and the County Administrator to execute a Fifth Amendment, extending the agreement for a three-year term and authorizing the Director of Purchasing to renew the Agreement for an additional two, one-year optional periods. This was done in response to the volatility of the service caused by the disruptive impacts of the COVID pandemic and maintain stability to the service. This extension increased the contract threshold amount from $97,643,700 to $266,799,618.
On March 14, 2023, (Item No. 10) the Board approved a Sixth Amendment to increase the per trip rates to compensate Transportation America to meet the increase in salary and paid time off required by the Living Wage Ordinance retroactive to January 1, 2023. As a result, the overall contract threshold with Transportation America will increase by $3,022,280, from $266,799,618 to $269,821,898.
On March 13, 2026, the Purchasing Director approved a Seventh Amendment to the Agreement authorizing Transportation America the ability to delegate the performance of certain Services to approved third-party transportation providers under specified conditions and to clarify the non-exclusive nature of the Agreement. The amendment did not change the contract cost.
The extension of up to 12 months is necessary to maintain uninterrupted paratransit service while the pending solicitation for successor paratransit transportation services is completed and a successor agreement is presented to the Board for award. The compensation rate increases included in this Amendment reflect increases in labor, insurance, and other operating costs incurred by Contractor in performing the Services under the Agreement. Additionally, the pending November property tax referendum creates significant uncertainty around future revenue levels and budget planning. This contract extension allows the County to maintain the continuity of service and preserve flexibility until the fiscal impacts of the referendum are fully understood.
Source of Additional Information
Coree Cuff Lonergan, Director, Transportation Department, (954) 357-8301
Fiscal Impact
Fiscal Impact/Cost Summary
Funds for this action are included in the Fiscal Year 2027 Transportation Operating Fund request. Future budgets will be supplemented through the annual Budget Process.