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County Attorney's Report 11. 1.

BCC Regular Meeting

Action

Meeting Date:	10/19/2017
Issue: Settlement Agreement with First Transit, Inc.
From:	Kristin Hual
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Settlement Agreement with First Transit, Inc.

That the Board take the following action:

A. Approve the Settlement Agreement concerning the Settlement Agreement resolving all claims for disputed costs related to the Management Services Agreement (PD 10-11.060) and Paratransit Transportation Services Agreement (PD 13-14.029); and

B. Authorize the Chairman to sign the Settlement Agreement.

BACKGROUND:

The County and First Transit previously entered into a Management Services Agreement for Escambia County Area Transit and a Paratransit Transportation Services Agreement, and each Agreement expired effective September 30, 2017. During the term of said service agreements, a dispute arose between the parties whereby each has asserted a claim against the other for certain costs each may have incurred.

The County has asserted a claim for gas escalation/de-escalation in the amount of $42,547.00 and paratransit vehicle maintenance costs totaling $234,498.30. First Transit has asserted a claim for “RouteMatch software” billing errors in the amount of $161,069.00 and the cost of staffing an ADA compliance manager in the amount of $125,709.00. After lengthy negotiation, First Transit has proposed that the parties mutually agree to forego any claims for reimbursement with regards to the disputed costs.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

The Settlement Agreement was prepared by Senior Assistant County Attorney, Kristin D. Hual.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Agreement