Loading...
HomeMy WebLinkAboutR-2004-070 Limousines of South Florida, Inc. for public transportation services • RESOLUTION NO. 2004-070 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ONE (1) YEAR AGREEMENT BETWEEN ,. LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for transportation services for the Community Bus to be funded by Broward County; and WHEREAS, City staff conducted a "request for proposals" process which included advertisement, submittal of proposals, review of qualifications of proposers, and formal evaluation by a selection committee, which committee has recommended to the City Commission that such services can best be provided by contracting with Limousines of South Florida, Inc., in the amount of$123,760.00; and WHEREAS, it is anticipated that the FY 2004 budget for this service will recognize a shortfall of$3,360.00; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Agreement between Limousines of South Florida, 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 Finance Director is authorized to transfer $3,360.00 from the General Administration "Contingency" account to fund for the shortfall in the FY 2004 budget. Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2004-070 Section 5. That this resolution shall be in force and take effect immediately upon • its passage and adoption. PASSED ARID ADOPTED on April 13, 2004. C.K. CELY A MAYOR - COIVI ISSIONER AT EST: ROLL CALL: COMMISSIONER ANTON - YES C �U COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY- YES CITY CLERK VICE MAYOR MIKES - YES MAYOR MCELYEA-ABSENT APPROVED AS TO FORM AND CORRECTNESS: BY: THO. AS J. BR CITY ATT . RNEY 2 RESOLUTION NO. 2004-070 AGREEMENT This is an Agreement, entered into on April 19, 2004, between THE CITY OF DANIA BEACH, a Florida municipal corporation (the "City") and LIMOUSINES OF SOUTH FLORIDA, INC., a Florida corporation (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 follows: 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 City - 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— Limousines of South Florida, Inc. 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 or Y ons 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. The public transportation service shall connect with regular County bus routes, as set forth in Exhibit "A." 2.4 Beginning April 19, 2004, 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 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." 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- 2.7 Insofar as possible, scheduled service shall be coordinated with existingCounty bus service. It is the intent of the parties that Cit 's scheduled service shall not duplicate Y p 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 • States Department of Transportation regulations, s, 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. �t -3- 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 p (s .) 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 cf 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. -4- 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 April 19, 2004, 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. 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 County's training program priorto operating the vehicles. -5- 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 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 j records related to the project or according to the scheduled reporting periods. 7.2 Contractor shall record on a dailybasis and report week) to the City all P Y Y 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. -6- SECTION EIGHT � P 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; (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 April 19, 2004 and shall remain in effect for a term of one (1) year. 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. -7- 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 an such breach was previously waived r red. g g Y p y o 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, Contractorshall refrainfrom 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 • -8- 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 the condition they were received at the commencement 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 Cityshall be the sole responsibility of the Contra II v p y 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 -9- receipt. The place for giving notice shall remain the same as set forth in this Agreement until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City of Dania Beach: Mr. Ivan Pato City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a Copy to: Thomas J. Ansbro, City Attorney 3107 Stirling Rd., Suite 300 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 Contractor: Mark Levitt, President Limousines of South Florida, Inc. 2595 N.W. 38 Street Miami, Florida 33142-5254 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 -10- reasonable costs, attorneys' and paralegals' fees, imposed on or incurred by the City in connection with an and all loss of life ,e, bodily injury, personal injury and damage to property which arises or relates, directly or indirectly, to the Contractor's use of anyvehicle provided for in this Agreement and the Contractor's performance of the services setforth in this Agreement. To the extent considered necessary by the City, any sums due City under this Agreement maybe retained by City until all of City's claims for indemnification, 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-nine Dollars and Seventy-five Cents ($29.75) per -11- 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 MISCELLANEOUS 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. -12- 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. 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 deliveryof servic es 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 '/) 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 -13- Agreement. The election to terminate this Agreement based upon this provision shall be ® made within seven (7) days after the finding b the court becomes Y 9 Y es final. 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 amendm ent 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. -14- 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 i 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. IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be signed by its Mayor-Commissioner, City Manager, attested by the Acting City Clerkwith 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 ATTEST: BY: Mayor- ffissi&agf- BYcYE � .`l G�1�C-�. ,.�'���,1�� BY. Louise Stilson, City Clerk roan ato, City Manager APPROVED AS TO LEGAL SUFFICIENCY: BY: Thomas J. Anss i crney -15- CONTRACTOR: Limous'.es of outh Florjd Inc:"r lam, CORPORATE SEAL: B ff APPLICABLE) Print Name: Title: STATE OF FLORIDA COUNTY OF BEFORE ME, on � i%it_ l L 2004 personally appeared `T v; TT , as PLZ�� , ��--,`; ;- of Limousines of South Florida, Inc., a Florida corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it , and such person is personally known to me or has produced�� X-�-(; as identification and did (did not) take an oath. MY COMMISSION EXPIRES: i} LOLASESTILSON Notary Public, State of Florida at Large MY COMMISSION#DO 28M EXPIRES:January 10,2006 AL,h, B,,*d mN NdW PUW urderwrnes -16- Agenda Request Form City of Dania Beach Agenda Item: ore Date of Commission meeting: 4/13/2004 Description of Agenda Item: Award bid for Community Bus Services Commission action being requested: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/ RFP Presentation ❑ General approval of item ❑ Continued from meeting Other(Please.explain) Summaryexplanation and background The selection committee reviewed two proposals that were submitted for the Community Bus program. After reviewing the proposals and extensive reference checking,the selection committee determined that the City would receive the best program through Limousines of South Florida, Inc.at the rate of$29.75 per hour. Although the budget for this project is$28.00 per hour, the selection committee requests the Commission to approve the agreement with Limousines of South Florida, Inc.and approve the transfer of$3,360 from the General Administration"Contingency"account to fund the shortfall in the FY 2004 budget Attached exhibits and additional backup materials (Pleasexlist) Resolution - electronic attachment Agreement - electronic attachment Memo from Bonnie Temchuk regarding Selection Committee recommendations For purchasing requests ONLY Department: Recreation Amount: Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Professional Services Account Number: 001-7201-572.31-60 Submitted by: btemchuk Date: 4/7/2004 Department Director. btemchuk Date: 4/7/2004 Admin. Services Director: Date: Finance Director: pvarney Date: 4/7/2004 ® City Manager., Ivan Pato Date: 4/7/2004 CITY OF DANIA BEACH MEMORANDUM TO: Ivan Pato, City Manager Mayor Vice Mayor Commissioners FROM: Bonnie Temchuk Assistant to the City Manager Grants and Special Projects DATE: April 13, 2004 SUBJECT: Community Bus Service The City of Dania Beach advertised through a"RFP" process for the Community Bus Service. We received two proposals, one for$28.00 per hour and one for$29.75 per hour. The selection committee reviewed both proposals and met to discuss recommendations. The selection committee consisted of Kristen Jones, Terry Weech and I. After careful review of both proposals, the selection committee determined that the best services could be provided for by Limousines of South Florida, Inc. at a rate of$29.75 per hour. This decision was based on the following: • Stringent hiring process of all employees, including background checks, clean (no infractions) driving records, extensive drug and alcohol testing • Two (2) Project Managers will be assigned to our project, to insure management at all times • All drivers of this company will learn the Dania routes to insure uninterrupted service • All personnel wear professional uniforms (Blue Collar Shirt, Dark Pants, Black Shoes and ID Badge) • In-house maintenance facility for both preventive and regular maintenance of buses • Project Managers will handle all aspects of the day-to-day operations including required records and paperwork to be submitted to Broward County (copy to City of Dania Beach), citizen and staff suggestions regarding route changes, time schedules and citizen complaints. All requests and responses will be given to the City of Dania Beach. • All vehicles, including back up vehicles are ADA compliant These points were not included with the other company's proposal and the selection committee determined that these areas were extremely important for the Community Bus program to run smoothly and efficiently. References were checked for both companies and though both received good responses, the references indicated that Limousines of South Florida, Inc. provided better service in quality of drivers, vehicles and the least down time. Therefore, the selection committee requests that the City Commission approve entering into a one-year agreement with Limousines of South Florida, Inc. with an optional renewal of two one-year periods. •f