HomeMy WebLinkAboutR-2004-009 A-Plus Transportation Amendment RESOLUTION NO. 2004-009
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE COMMUNITY BUS AGREEMENT EXISTING
BETWEEN THE CITY AND A-PLUS TRANSPORATION, INC. TO
PROVIDE THAT THE COMPANY WILL CONTINUE COMMUNITY BUS
TRANSPORATION SERVICES FOR 90 DAYS OR UNTIL APRIL 13,
2004; PROVIDING FOR ADDITIONAL CONSIDERATIONS OUTLINED IN
THE AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the appropriate City Officials are authorized to execute an
Amendment to the A-Plus Transportation, Inc. Agreement existing between the City and
A-Plus Transportation, Inc., which relates to community bus services within the City of
Dania Beach for the general public.
Section 2. That the City Manager and City Attorney are authorized to make
minor revisions to the Amendment to the A-Plus Transportation, Inc. Agreement with A-
Plus Transportation, Inc. as deemed necessary and proper for the best interests of the
City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on January 13, 2004.
1 RESOLUTION NO. 2004-009
BOB A TON
MAYOR - CO MISSIONER ,
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHARLENE J SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTOW YES
APPROVED AS TO F RM AND CORRECTNESS:
BY: ( I �, QA
THOM S S AN8bRO
CITY ATTORNEY
2 RESOLUTION NO. 2004-009
AMENDMENT TO BUS AGREEMENT BETWEEN THE CITY OF DANIA BEACH
• AND A-PLUS TRANSPORTATION,INC.
This is an Amendment to the Bus Agreement existing between the City of Dania Beach,
Florida and A-Plus Transportation, Inc. ("A-Plus") It is entered into and becomes effective on
January 13, 2004 ("Amendment"), and it is an amendment to the existing Agreement, which
Agreement is dated January 17, 2001 (the "Agreement").
The City and A-Plus wish to amend Section Nine ("Term and Time of Performance") of
the Agreement, by extending the term of expiration for another 90 days or until April 13, 2004.
The parties also wish to add other terms and conditions.
In consideration of the mutual covenants, terms and conditions contained in the
Agreement and this Amendment, the parties agree to the following:
1. Replacement vehicles:
A-Plus has purchased additional vehicles to offset the severe mechanical
problems being experienced with Broward County vehicles. Two (2) vehicles
shall be assigned to the route at all times, effective immediately.
2. Drivers speeding:
® A-Plus will ensure that each driver is counseled and will have signed a statement
delivered to A-Plus regarding strict observation of the regulated speed limits
applicable to all portions of roadways which form the bus route(s).
3. School children at Olsen Middle School:
A-Plus acknowledges that there is an issue involving children from Olsen Middle
School riding the vehicle. A-Plus will accommodate as many children as it can
until the vehicle is at capacity. Any additional children still requiring
transportation at that point will have to wait for the next scheduled bus.
4. Providing additional bus services on weekends:
A-Plus has hired additional drivers. They will complete a training program and
will be assigned to the weekend routes upon completion of their training.
Weekend service shall start on February 1, 2004.
5. Providing ADA compliant buses:
A-Plus must immediately provide"ADA" compliant bus service.
6. Financial statement:
A-Plus will provide the City with its annual financial statements indicating
stability of the company on or before January 20, 2004.
7. City reserves the right to terminate the Agreement, as amended, for failure of A-Plus to meet
any of the foregoing conditions, as well as for any reasons specified in the Agreement.
8. In all other respects, except as amended by this Amendment, the Agreement remains in full
force and effect.
1�—,,IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
day of 2004.
Signed, sealed and delivered A-PLUS TRANSPORTATION, INC.
in the pr lenc of�.,` a Florida Corporation
BY
t <
Witness (Signature) (Print or Type Name
Print Name (Signature);
AS ITS:
Witness (Signature) (Title)
Print Name
CUSTOMER- CITY OF DANIA BEACH, FLORIDA
ATTEST: BY: :;
!'
ob A 'ton
Mayor- Co issioner
i z_l:a
BY: BY: l
Charlene Johnson ity Clerk Ivan Pato, City Manager
APPROVED AS TO LE AL SUFFICIENCY:
BY: J
V
Thomas J. Ansbro, City Attorney
g/Rfis04/agr amendment APIus community bus services 2
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FLORIDA
a, 'St' '7
January 27, 2004
Carl Myers
A-Plus Transportation, Inc.
2331 N. State Road 7, Suite 114
Lauderhill, FL 33313
RE: AMENDMENT TO THE BUS AGREEMENT BETWEEN A-PLUS
TRANSPORTATION INC. AND THE CITY OF DANIA BEACH
Dear Mr. Myers:
On January 13, 2004, the Dania Beach City Commission adopted
Resolution No. 2004-009 approving the above amendment to the Bus
Agreement.
We enclose a copy of the resolution and two original agreements that
have been executed by the City of Dania Beach. These agreements now require
final execution by your company. Upon execution, please keep one original and
return the other original to me for our records.
If you have any questions regarding this agreement, please contact
Kristen Jones, Parks and Recreation Director at 954-924-3730.
Sincerely,
r�
Miriam Nasser
Deputy City Clerk
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
01i'1 l'2004 15: ::1 __9549243629 PARKS & RECREATION PAGE 02
FROM :TRANSPORTATION FAX NO. :9547171615 Jan. 13 2004 10:26AM P21.
A-Plus Transportation, Inc.
2331 N. State Road 7 -Suite 114 * Lauderhill,FL 3331.3 * Telephone 954-717-1996 * Fax 954-717�1G15
Committed to T;.Vo/Trnce
January 1 l,2004
City of Dania Beach
100 W. l7ania Beach Blvd
Dania, FL 33004
Attu; Kristen Jones
This letter is in response to your concerns which are listed as follows:
1. Replacement Vehicles
2. Drivers `.speeding
3. Problem with School Children at Olsen Middle School
4, Additional Services(Weekends)
Replacement_V_ehicica
We have purchased additional vehicles to offset the severe mechanical.problems being
experienced with Broward County vehicles, so from this point forward there will.be two vehicles
assigned to the route at all times. All the vehicles under this contract meet ADA requirements.
® Drivers S.pcc
Each driver was counseled and have signed a statement regarding observation of the regulated
speed Limits within each city.
Problem with $.r.hoo1 Children at Olsen Middle,
There is a serious problem with the children from Olsen Middle School riding the vehicle. At
this point we will accommodate as many children as we can until the vehicle is at it's capacity. Any
additional children still requiring transportation at that point will have to wait for the next scheduled bus.
Additional Ssrviccs•
Additional drivers have been hired and are currently in our training program and will be assigned
to the weekend routes upon completion of their training. Our target date to start weekend service is
February 1. 2004.
The above mentioned concerns will be resolved within ninety(90)days.
if any additional information is needed, please feel free to contact me at 954-71.7-1996,
Sin rely
® Carl lvers
1•'1" 004 1 h: 3 2 13. 4: 629 F'; !`:= T'Er_V'�. TI13hd � :D= t=11
JAN-12—EO04 16:29 FROM:WACHOVIA EAST BROWAD 954 467 52,10 T0:9549243629 P. 1/1
W:-Oiovi3 Bunk N A.
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Fort L:ju;lcrrda f FL 33101
Tul 4 e 467-3106
Frix 954 467-b140
r ACHOVIA
January 12, 2004
Re- A-PLUS TRANSPORTATION, INC
To Whom It May Concern,
This is to certify that A-PLUS TRANSPORTATION. -LNG has been a client of Wachovia
bank since Febmary 20, 2004. Presently have checking account maintain in a satilisfactmy
mariner.
Should you have any further questions regarding this matter, please do not hesitate to call
me at 954-467-5106.
Sincerely, `\
Rhonda L60,
Financial Center Manager
Authorization of Release of Information
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RESOLUTION NO. 2000-199
® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE THREE (3) YEAR AGREEMENT WITH A-
PLUS TRANSPORTATION, INC. AND THE CITY OF DANIA
BEACH FOR PUBLIC TRANSPORTATION SERVICES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That the Agreement between A-Plus Transportation Inc. and the City
of Dania Beach for public transportation services, in substantial form as attached, is
approved and the appropriate city officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
® of the City. Such Agreement shall not be deemed accepted by the City unless and until
the City has completed its execution of the Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED this 12th day of December, 2000.
T -
AYOR - COMMIS NER
1 RESOLUTION NO. 2000-199
ATTEST:
ROLL CALL:
7 MAYOR McELYEA - YES
"4 VICE-MAYOR BERTINO-YES
'SHERYL dHAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING- YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
H Vu, ,
BY:
MHO AS J. Ta�SBR�`
CITY ATTO NEY
2 RE3_1 LJT10N N0. 24
AGREEMENT
This is an Agreement, entered into on , 2001, between
THE CITY OF DANIA BEACH, a municipal corporation of the State of Florida, called the
"City" and A-PLUS TRANSPORTATION, INC., a Florida corporation, called the
"Contractor."
This Agreement contains terms and conditions under which the Contractor shall
furnish all services necessary for certain public transportation services desired by the City.
IN CONSIDERATION of the mutual promises and covenants contained in this
Agreement, and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are acknowledged, the parties, intending to be legally bound, agree as
ifollows:
SECTION ONE
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Sections 1 through 15, inclusive. Other
terms and conditions are included in exhibits and documents and they are expressly
incorporated by reference.
1.2 C_ it r - The City of Dania Beach, a municipal corporation of the state of Florida.
1.3 County - Broward County, a political subdivision of the state of Florida.
1.4 Contractor —A-Plus Transportation, Inc., a Florida corporation.
SECTION TWO
CONTRACTOR'S SERVICES
2.1 Contractor agrees to provide all services necessary for the day to day
management, operation and maintenance of the public transportation services described
below.
2.2 Contractor shall provide free fare public transportation services (until such time
as City determines a fare to be appropriate), within the City at the locations and according
to schedules as stated in the Agreement between Broward County and the City of Dania
Beach, a copy of which is attached to this Agreement and incorporated by this reference as
Exhibit"A." Contractor shall comply with every term, condition, duty and obligation set forth
in Exhibit "A", including all attached exhibits to the Agreement.
2.3 The established service shall be on a fixed route basis with designated
intermediate stops, consisting of a minimum of forty (40) hours per week and a minimum of
five (5) days per week; provided, however, that the minimum hours of operation shall be
reduced by eight (8) hours during any week in which a legal holiday is recognized by the
City on a weekday. The public transportation service shall connect with regular County bus
routes, as set forth in Exhibit "A."
2.4 Beginning June 1 , 2001 , City and Contractor shall maintain a minimum average
of five (5) passengers per hour of operation on each route operated by the City and
Contractor. In the event that City and Contractor do not maintain such minimum average of
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passengers, County shall assist City and Contractor in their efforts to increase ridership,
® which may include modification of the route, as set forth in Exhibit "A."
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2.5 Contractor shall comply will all applicable requirements of the Americans with
Disabilities Act (ADA) at all times while the vehicles provided herein are being utilized for
public transportation and while utilizing any and all routes approved in this Agreement. To
the extent that any terms of this Agreement are inconsistent with the ADA, the
requirements of the ADA shall control.
2.6 Contractor shall at all times during this Agreement comply with the requirements
of Broward County Ordinance No. 92-8, pertaining to the maintenance of a Drug Free Work
Place Program.
2.7 Insofar as possible, scheduled service shall be coordinated with existing County
bus service. It is the intent of the parties that City's scheduled service shall not duplicate
existing County bus service.
2.8 Contractor shall maintain certain records of information and data in the format
prescribed by the County, shall furnish such records to the County on a monthly basis, and
shall furnish copies of such records to the City on a monthly basis.
2.9 Contractor shall, at all times, have and maintain in proper working order a
dedicated Telecommunications Device for the Deaf (TTY) number.
2.10 Contractor shall at all times during this Agreement comply with all applicable
requirements of the United States Department of Transportation and the Federal Transit
Administration, which shall include, but not be limited to, regulations for drug and alcohol
testing. To the extent that any terms of this Agreement are inconsistent with the United
s
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States Department of Transportation regulations, the requirements of the United States
Department of Transportation shall control.
2.11 Contractor agrees that throughout the term of this Agreement that the Broward
County Transit (BCT) logo, City identification and the County assigned identification
number shall be conspicuously displayed on the rear of the vehicles at all times.
2.12 Contractor agrees that, subject to County approval, should City derive
advertising revenues from advertisements displayed on the vehicles, Contractor shall not
obtain any revenues from such advertisements.
SECTION THREE
CITY'S SERVICES
3.1 City shall review all policies established by the Contractor relative to the public
transportation services.
3.2 City shall review the service planning, including adjustments to routes,
schedules and such other factors that affect the quality of service provided. City shall have
the right to require reasonable adjustments to the routes specified in this Agreement and
Contractor agrees to comply with such adjustments in the routes, as set forth in Exhibit"A".
3.3 City shall provide Contractor with bus route timetables prepared by Broward
County Mass Transit Division sufficient to inform City and County residents, visitors and
passengers of service to be made available.
3.4 City, in coordination with County, shall be responsible for designation of transit
stops and Contractor shall only use such stops for the authorized route(s).
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3.5 City shall hold the funds distributed by Broward County to support the public
transportation service and remit the applicable amount of such funds monthly to Contractor
as they become due.
3.6 City shall lease to Contractor two (2)wheelchair accessible, passenger vehicles,
obtained from the County, to be used in regular route service. Such vehicles shall comply
with the ADA and all applicable federal and state regulations. The vehicles shall be leased
to the Contractor for Ten Dollars ($10.00) each per year. Prior to the acceptance of the
vehicles by Contractor, Contractor, at its own cost, shall have the right to inspect, or cause
to be inspected, the vehicles by a mechanic designated by the Contractor.
3.7 City shall, if provided to City by County, provide to Contractor the manufacturer's
warranties and maintenance shop manuals.
SECTION FOUR
PERFORMANCE STANDARDS
4.1 The public transportation service described in this Agreement must begin
operations no later than January 1 , 2001 , and such service shall run according to the
schedule set forth in Exhibit A. The schedule shall be followed unless otherwise agreed
upon in writing by the parties.
4.2 Contractor shall complete one hundred percent of all scheduled trips on a daily
basis, subject to delays which are attributable to vehicular accidents and mechanical failure
which does not arise due to Contractor's failure to properly maintain the vehicles.
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i SECTION FIVE
PERSONNEL REQUIREMENTS
5.1 Contractor shall designate a Project Manager who will oversee the complete
operation of the public transportation service and who will serve as day to day liaison with
the City.
5.2 Vehicle chauffeurs employed by Contractor during the term of this Agreement
shall be properly licensed operators. The vehicle chauffeurs shall possess the
qualifications as required by the State of Florida and the County. The vehicle chauffeurs
shall be required to attend and successfully complete the Courty's training program priorto
operating the vehicles.
SECTION SIX
CONDITION AND MAINTENANCE OF THE VEHICLES
6.1 Vehicles shall be maintained in good condition, both operationally and in their
appearance, and in accordance with the County's requirements. All vehicles and required
equipment shall be kept in good repair and condition, satisfactory to the City.
6.2 Contractor shall maintain the vehicles in accordance with manufacturer's
standards.
SECTION SEVEN
RECORD KEEPING, REPORTING AND AUDITING
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7.1 Contractor shall be required to maintain all project records as requested by the
• City. Contractor shall permit authorized representatives of City to examine all data and
records related to the project or according to the scheduled reporting periods.
7.2 Contractor shall record on a daily basis and report weekly to the City all
disruptions in service, late service, vehicle breakdowns, accidents, vehicles out of
service/commission and any other incident affecting service.
7.3 Contractor's Project Manager shall also document passenger complaints and
describe any actions taken to resolve such complaints on a weekly basis. Contractor
agrees to submit copies of such documentation to City on a weekly basis.
7.4 Contractor's Project Manager shall provide accurate reports on ridership by
route and by trip to the City on a monthly basis.
® 7.5 Records shall be maintained by Contractor. These records shall show details of
transactions pertaining to the management, maintenance and operation of the service and
all books, accounts and records shall be available for inspection by the City upon demand.
SECTION EIGHT
PRE-SERVICE REQUIREMENTS
The following items shall be delivered to the City by Contractor at least two days
prior to the start of the service and are subject to approval by the City:
8.1 An operations manual for the public transportation service which documents all
operational procedures and policies, including but not limited to the following:
(a) Vehicle operating procedures;
(b) Communications operating procedures:
(c) Driver conduct rules and regulations;
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(d) Safety procedures;
(e) Accident procedures;
(f) Administration and reporting procedures;
(g) Other operating procedures and policies as required for proper operation of
the service.
8.2 Job description for drivers' administrative.personnel.
8.3 Maintenance procedures for all vehicles.
8.4 Final system schedules.
8.5 Training procedures for vehicle drivers.
SECTION NINE
TERM AND TIME OF PERFORMANCE
The term of this Agreement shall begin on ", 2001 and shall remain in
effect for a term of three (3) years. The City is under no obligation to extend or renew this
Agreement after its expiration. However, the term may be extended for up to two (2)
additional one (1) year periods upon mutual written agreement.
SECTION TEN
TERMINATION
10.1 This Agreement may be terminated for cause upon seven (7) days written
notice by the party that elected to terminate, if the party in breach has not corrected the
cause within seven (7) days after written notice, which notice must identify the cause. This
Agreement may also be terminated for convenience by action of the City upon not less
than ten (10) days written notice by the City to the Contractor.
10.2 Termination of this Agreement for cause shall include, but not be limited to,
failure to suitably perform the services, failure to continuously perform the services in a
manner calculated to meet or accomplish the objectives of the City as set forth in this
Agreement, failure to protect the public health, safety or welfare, as determined solely by
City in the reasonable exercise of its discretion, or breach of any of the provisions of this
Agreement notwithstanding whether any such breach was previously waived or cured.
10.3 Notice of termination shall be provided in accordance with the"Notices"section
of this Agreement except that notice of termination by the City Manager which the City
Manager deems necessary to protect the public health, safety or welfare may be verbal
notice which shall be promptly confirmed in writing in accordance with the"Notices"section
of this Agreement.
10.4 In the event this Agreement is terminated for cause or convenience, the
monies paid by the City shall be prorated on a daily basis to the date the Agreement is
terminated. Upon being notified of City's election to terminate, Contractor shall refrain from
performing further services under the terms of this Agreement. However, upon being
notified of City's election to terminate, Contractor acknowledges and agrees that $10.00
compensation paid by City, the adequacy of which is acknowledged by Contractor, is given
as specific and full consideration to Contractor for City's right to terminate this Agreement
for cause or convenience.
10.5 In the event this Agreement is terminated, any compensation payable by City
shall be withheld until all documents are provided to City pursuant to Section Two and
Section Seven of this Agreement.
10.6 Upon termination of this Agreement for whatever reason, Contractor shall
return the vehicles leased herein to the City. Contractor shall return the vehicles to City in
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the condition they were received at the onset of this Agreement, normal wear and tear
• excepted. The Contractor's obligation to return the vehicles to the City in the condition they
were received shall include the removal of any painting or wrapping of the vehicles for
advertisement purposes. Any costs necessary to restore or prepare the vehicles for return
to City shall be the sole responsibility of the Contractor. City shall have the right to inspect
and to approve the condition of each vehicle prior to acceptance and should the City
determine that the vehicles are not in the proper condition, Contractor shall at its sole cost
and expense remedy any and all deficiencies identified by the City.
SECTION ELEVEN
NOTICES
Whenever either party desires to give notice to the other, such notice must be in
® writing, sent by certified United States Mail, postage prepaid, return receipt requested, or
by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. Notice shall be
deemed given on the day on which personally served, or if by mail, on the date of actual
receipt. The place for giving notice shall remain the same as set forth in this Agreement
until changed in writing in the manner provided ) this section. For the present, the parties
designate the following:
For City of Dania Beach:
Mr. Mike Smith
City Manager
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a Copy to:
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® Thomas J. Ansbro, City Attorney
3107 Stirling Rd., Suite 301
Ft. Lauderdale, FL 33312
For Broward County:
(courtesy copies of
notices) Director of Mass Transit Division
Broward County Mass Transit Division
3201 West Copans Road
Pompano Beach, Florida 33069
For A-Plus Transportation Inc.:
Mr. Carl Myers
3419 West Broward Blvd.
Ft. Lauderdale, Florida 33312
SECTION TWELVE
® INDEMNIFICATION
12.1 As to City: Contractor agrees to indemnify, reimburse, defend and hold
harmless the City and, at City's option, defend or pay for an attorney selected by the City to
defend the City and City's officers, agents and employees for, from and against all claims,
actions or causes of actions, losses, damages, liabilities, costs and expenses, including
reasonable costs, attorneys' and paralegals' fees, imposed on or incurred by the City in
connection with any and all loss of life, bodily injury, personal injury and damage to
property which arises or relates, directly or indirectly, to the Contractors use of any vehicle
provided for in this Agreement and the Contractor's performance of the services set forth in
this Agreement. To the extent considered necessary by the City, any sums due City under
this Agreement may be retained by City until all of City's claims for indemnification,
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pursuant to this Agreement, have been settled or otherwise resolved and any amount
• withheld shall not be subject to payment of interest by City.
Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by
City. Nothing in this Agreement shall be construed as consent by the City to be sued by
third parties in any matter arising out of this Agreement or any other contract.
12.2 As to County: Contractor agrees to indemnify and hold harmless the County
and County's officers, agents, and employees as prescribed in Exhibit "A".
SECTION THIRTEEN
INSURANCE
13.1 Insurance: The Contractor shall at all times during the term of this Agreement
keep and maintain in full force and effect, insurance of the types and amounts as set forth
in Exhibit"C", attached to the Agreement between Broward County and Dania Beach, and
shall name the City and the County as "additional named insureds."
SECTION FOURTEEN
PAYMENT
In return for services provided by Contractor and specified in this Agreement, the
City agrees to pay Contractor Twenty-eight Dollars ($28.00) per hour, per vehicle in
operation. The funds shall be used by Contractor solely for the purpose of maintaining,
operating and properly equipping the vehicles, and City shall not be responsible for
payment of any other monies to Contractor under this Agreement.
ARTICLE FIFTEEN
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MISCELLANEOUS
is 15.1 Assignment and Performance: Neither this Agreement nor any interest in it
shall be assigned, transferred or encumbered by either party.
The Contractor represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education or a
combination of the foregoing, to adequately and competently perform the duties,
obligations and services set forth in this Agreement and to provide and perform such
services to the City's satisfaction.
The Contractor shall perform its duties, obligations and services under this
Agreement in a skillful and respectable manner. The quality of the Contractor's
performance shall be comparable to the best local and national standards.
15.2 Waiver of Breach and Materiality: Failure by the City to enforce any provision of
this Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a modification of the
terms of this Agreement.
The City and the Contractor agree that each requirement, duty and obligation set
forth in this Agreement is substantial and important to the formation of this Agreement and,
therefore, is a material term of this Agreement.
15.3 Compliance With Laws: The City and the Contractor shall comply with all
federal, state and local laws, codes, ordinances, rules and regulations in performing their
respective duties, responsibilities and obligations related to this Agreement.
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15.4 Nondiscrimination: The Contractor agrees that it will not discriminate against
® any employee or applicant for employment for work under this Agreement because of race,
color, religion, gender, sexual orientation, age, national origin,. political affiliation or
disability and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color, religion, gender,
sexual orientation, age, national origin, political affiliation or disability. This provision shall
include, but not be limited to, the following: layoff or termination; rates of pay or other forms
of compensation; terms and conditions of employment, selection for training, including
apprenticeships and accessibility.
Contractor's decisions regarding the delivery of services under this Agreement shall
be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 16 Y2), national origin, marital status, physical
or mental disability, political affiliation or any other factor which cannot be lawfully used as
a basis for service delivery.
Contractor shall not engage in or commit any discriminatory practice in violation of
the Broward County Human Rights Act (Broward County Code, Chapter 16 Y2) in
performing any services pursuant to this Agreement.
15.5 Severance: In the event this Agreement or any portion of this Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless the City or the Contractor elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision shall be
made within seven (7) days after the finding by the court becomes final.
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15.6 Priority of Provisions: If there is a conflict or inconsistency between any term,
® statement, requirement or provision of Exhibit "A" attached to this Agreement, any
document or events referred to in this Agreement, or any document incorporated into this
Agreement by reference and a term, statement, requirement or provision of this
Agreement, the term, statement, requirement or provision contained in Articles 1 through
15 of this Agreement shall prevail and be given effect, provided, however, Exhibit "A"
provisions shall prevail in all respects as to Contractor's duties and obligations.
15.7 Applicable Law and Venue: This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the state of Florida. Venue for litigation
concerning this Agreement shall be in Broward County, Florida.
15.8 Amendments: No modification, amendment or alteration in the terms or
conditions contained in this Agreement shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and executed by
the City and the Contractor. .
15.9 Prior Agreements: This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable
to the matters contained in this Agreement and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written.
® -16-
15.10 Incorporation by Reference: The attached Exhibit"A"is incorporated into and
® made a part of this Agreement. Pursuant to the provisions appearing in Exhibit"A", when
any obligation or duty in that document is one which is related to the public transportation
service, Contractor agrees to fully comply with each.and every such obligation and duty for
and on behalf of the City.
-17-
IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be
® signed by its Mayor-Commissioner, City Manager, attested by the City Clerk with the
corporate seal of the City of Dania Beach, and the Contractor has executed this Agreement
effective as of the date set forth above.
CITY OF DANIA BEACH, FLORIDA
1 _
ATTEST: BY: ��� " L11
- _
mayor - o issio,
BY: ✓��G2i i C.'rr�c� BY:
Sheryl Chapman, Actingtity Clerk Micha III
Fnit , 4i y Manager
APPROVED AS TO LEGAL SUFFICIENCY:
T omas J. Xnsbro, City Attorney
® -18-
CONTRACTOR:
® A-PLUS TRANSPORTATION, INC.
CORPORATE SEAL: By:
(IF APPLICABLE)
Print Name:
Title: P"e
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, an officer duly authorized by law to administe oaths and take
acknowledgments, personally appeared P—(� y 9 S , as _ of
Contractor,A-PLUS TRANSPORTATION, INC., a Florida corporation, and acknowledged
execution of the foregoing Agreement for the use and purposes mentioned in it and that
the instrument is the act and deed of the Contractor. is personally known to me or has
produced N. L-17 as identification and did (did not) take an oath.
® IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on t 12001.
MY COMMISSION EXPIRES:
CHARLENE KAAYF Notary Public, Stafd otoorida at Large
NOt'y Public, Stge of FWft
My comm. 6*. ALVg 1Z.
:offr. No. CC f,%
® -19-
EXHIBIT E
Billed To: Billed By.-
Contract Administrator Name of City:
Broward County Transit Address:
3201 West Copans Road
Pompano Beach, FL 33069 Name of Person Completing Invoice:
Telephone No:
Quarterly Billing Period:
Number of Revenue Vehicles in Service:
Month:
Total Monthly Revenue Service Hours
Route Wk/Sat/Sun* Daily Hours Days
x x 20.00 = 0.00
x x 20.00 = 0.00
x x 20.00 = 0.00
Sub Total: 0.00
Month:
Total Monthly Revenue Service Hours
Route Wk/Sat/Sun* Daily Hours Days
x x 20.00 = 0.00
x x 20.00 = 0.00
x x 20.00 = 0.00
Sub Total: 0.00
Month:
Total Monthly Revenue Service Hours
Route Wk/Sat/Sun* Daily Hours Days
x x 20.00 = 0.00
x x 20.00 = 0.00
x x 20.00 = 0.00
Sub Total: 0.00
Capital Cost of Contracting
Num. of vehicles ( ) x $12,000 = Sub Total.-
Total: 0.00
Print Name Title
Signature Date
® * Please separate weekday, Saturday, and Sunday hours.
® EXHIBIT "E"
City of Dania Beach Operating Funding
Community Bus Service -($20.00/Hour)
DaiEy Se -ice Funding Per Antral
Eustis Service Span of Service �reque3 cy Days
Hours Pevenue Hour Funding
2 Weekday 8:47a-5:10p 40 min 15.9 255 $20.00 $81,090
Total Mass Transit funding $81,090
f�