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R-2003-192 Public Bus Transporation BC agreement
I I RESOLUTION NO. 2003-192 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE THREE (3) YEAR AGREEMENT WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES (OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2006); PROVIDING THAT BROWARD COUNTY SHALL SUPPLY THE CITY OF DANIA BEACH WITH TWO (2) SHUTTLE BUSES AND $20.00 PER REVENUE SERVICE HOUR PER VEHICLE AS OUTLINED IN THE TERMS OF THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach adopted Resolution No. 2000-137 on September 12, 2000, approving a three (3) year agreement for public transportation services; and WHEREAS, the City Commission of the City of Dania Beach adopted Resolution No. 2000-199 on December 12, 2000, awarding a three (3) year agreement to A-Plus Transportation, Inc., subcontractor for said public transportation services; and WHEREAS, the City Commission of the City of Dania Beach desires to enter into an additional three (3) year agreement with Broward County to provide public transportation services and is willing to share the responsibilities and expense of providing an alternative form of public transit in the City; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the Interlocal Agreement between Broward County and the City of Dania Beach for public transportation services, in substantial form as Exhibit A", 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 Interlocal 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-192 Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 26th day of August, 2003. BOB ANTO MAYOR— COMMISSIONER ATTEST* ROLL CALL: JA I1 COMMISSIONER CHUNN - YES COMMISSIONER FLURY -YES CHARLENE JOHNSON COMMISSIONER MIKES - YES CITY CLERK U VICE-MAYOR MCELYEA - YES MAYOR ANTON- YES APPROVED AS TO ORM AND CORRECTNESS: BY: /"�, " A T .Io J. S 'RRO CITY ATTORNEY • • 2 RESOLUTION NO. 2003-192 INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for PUBLIC TRANSPORTATION SERVICES INTERLOCAL AGREEMENT • Between BROWARD COUNTY and CITY OF DANIA BEACH for PUBLIC TRANSPORTATION SERVICES This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as 'COUNTY," AND CITY OF DANIA BEACH, a municipal corporation organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, public transportation services provided by COUNTY need to be supplemented to serve a greater number of people in CITY; and WHEREAS, public transportation resources are limited and must be used in the most efficient manner to maintain citizen support; and WHEREAS, both COUNTY and CITY agree that better public transportation to residents of CITY is needed; and WHEREAS, it is desirable to provide an alternative form of public transit service to the residents of the CITY; and WHEREAS, it is the intent of the parties that the alternative form of public transit shall not duplicate the existing mass transit system in COUNTY; and WHEREAS, COUNTY and CITY are willing to share the responsibilities and expense of providing an alternative form of public transit in CITY; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: -1- ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - means this document, Articles 1 through 10, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 BCT - The Broward County Mass Transit Division 1.4 Contract Administrator - The Broward County Administrator, the Director of the Broward County Mass Transit Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.5 COUNTY - The Board as defined in Section 1.2 unless expressly provided otherwise. ® 1.6 County Attorney-The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.7 Notice To Proceed: A written notice to proceed with the Project issued by the Contract Administrator. 1.8 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES SERVICES TO BE PROVIDED BY CITY 2.1 CITY shall provide public transportation services within the CITY at the locations and according to schedules as contained in Exhibit"A," a copy of which is attached hereto and made a part hereof. The provision of transportation services may be performed by the CITY through the use of its employees or the CITY may enter into a contract with a third party to perform the services. In the event the CITY contracts with a third party, the CITY shall remain fully responsible hereunder and shall -2- ensure that its contractor complies at all times with each and every term, condition, M duty, and obligation set forth herein. Any changes to Exhibit "A" made by CITY shall be effective only upon the written consent of the Contract Administrator. The services to be provided shall include the following: 2.1.1 If the CITY determines a fare to be appropriate prior to beginning service under the terms of this Agreement, the CITY may institute such fare; provided, however, that such fare shall never exceed half (Y2) of the fixed route full adult BCT fare. A public hearing shall be held prior to the institution of any proposed fare increase for any subsequent requests for fare increases. Service shall be provided a minimum of five (5) days a week, to certain locations and at scheduled intervals as on the attached Exhibit "A." The Contract Administrator shall be advised, in writing,via certified mail, prior to the imposition of any fare increase. 2.1.2 CITY acknowledges and agrees that it shall not deviate or make changes to the service routes established in Exhibit "A", including but not limited to a decrease or increase in revenue service hours, without the prior written consent of the Contract Administrator. CITY further acknowledges and agrees that compensation under this Agreement is as set forth in Section 5.1 and COUNTY will not compensate CITY for any deviations or changes from the service routes established in Exhibit"A", without the prior written consent of Contract Administrator. 2.1.3 It shall be the responsibility of CITY to obtain any necessary permission to access or encroach upon any private property for use as an origin and/or destination associated with this Agreement. 2.1.4 Within six (6) months after the start of service, CITY shall maintain a minimum average of five (5) passengers per revenue service hour per vehicle operated by the CITY. In the event that CITY does not maintain such minimum average of passengers, at the CITY's request, COUNTY shall assist CITY to increase ridership, which may include a request for modification of the route, as set forth in Exhibit "A." It is understood and agreed between the COUNTY and CITY that CITY's failure, after COUNTY's assistance, to maintain a minimum average of five (5) passengers per revenue service hour per vehicle shall constitute a breach of this Agreement, entitling the COUNTY to immediately terminate the same in accordance with the terms hereof and shall entitle COUNTY to pursue any and all other remedies provided under this Agreement or any remedies available to COUNTY at law or in equity. However, the performance standard/requirements of this Section may be waived, with written approval of the Contract Administrator, if BCT's fixed route service is replaced by community bus service. -3- 2.1.5 Vehicle(s) shall be operated by properly licensed operators , (Florida commercial drivers license minimum Class C with a passenger endorsement or, if air-brakes are applicable, a Florida commercial drivers license Class B with a passenger endorsement)employed by CITY or its contractors. These employees shall provide full utilization of vehicle(s) to disabled passengers. 2.1.6 Florida commercial drivers licensed operators hired by CITY or its contractors shall issue COUNTY bus route timetables or other transit information to any passenger requesting such material. 2.1.7 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. 2.1.8 CITY shall maintain the vehicle(s) provided to it by COUNTY in accordance with manufacturer's standards and keep vehicle(s) in reasonable condition at all times. 2.1.9 CITY shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) at all times while the vehicle(s) provided herein are being utilized for public transportation and while utilizing any and all routes approved herein. To the extent that any terms in this Agreement are inconsistent with the ADA, the requirements of the ADA shall control. 2.1.10 In accordance with Broward County Ordinance 92-8, CITY certifies by means of Exhibit"B,"which is attached hereto and incorporated herein by reference as if set forth in full herein, that it will have a Drug-Free Workplace Program. In the event the CITY contracts with a third party to perform the services addressed herein, such contractor shall comply with the COUNTY's Drug- Free Workplace Program requirements. 2.1.11 CITY agrees to participate in Broward County Mass Transit Division's drug and alcohol testing program, or establish and implement subject to Broward County Mass Transit's review and approval, its own drug and alcohol testing program that complies with 49 CFR Part 655. In the event the CITY subcontracts all or part of the community bus services to a third party, a similar requirement including review and approval by the Contract Administrator must be included in any subsequent agreement. CITY further agrees to certify, prior to the commencement of services under this Agreement and annually thereafter, compliance with current Federal Transit regulations to the Director, Broward County Mass Transit Division (a model format for certifying compliance is appended as Exhibit "D", attached). -4- 2.1.12 CITY agrees that throughout the term of this Agreement the Broward County Board of County Commissioners' official logo(s) and the COUNTY assigned identification number shall be conspicuously displayed on the rear of the vehicle at all times. 2.1.13 CITY shall maintain certain records of information and data in the format prescribed by the COUNTY and shall furnish such records to COUNTY on a monthly basis, no later than the fifteenth (15) day of the following month. 2.1.14 CITY shall at all times have and maintain in proper working order a dedicated hearing-speech impaired teletype machine TTY number. 2.1.15 CITY shall be solely responsible to provide, during the term of this Agreement, sufficient vehicles and materials necessary to provide a high quality community bus service which shall include, but not be limited to, all the vehicles, equipment, personnel, training, labor, and materials necessary to provide the transportation, scheduling, dispatching, reporting, and monitoring of the community bus service required herein throughout the term of this Agreement. CITY acknowledges and agrees that providing high quality community bus service requires CITY to have an adequate and sufficient number of spare vehicles available. 2.2 Maintenance of Vehicles. CITY shall have a continuing obligation to ensure cleanliness of the vehicles. CITY shall perform additional cleaning and extermination for pests in the vehicles. All equipment on the vehicles shall be maintained in a fully operable condition at all times (by way of example, but not as a method of exclusion, "all equipment" shall include, but in no way shall be limited to,fully functioning air-conditioning system, turn signals,wheelchair lifts, etc.). CITY agrees to maintain all vehicles in first class appearance and mechanical condition throughout the duration of this Agreement. 2.2.1 CITY shall maintain all vehicles and equipment in accordance with a preventive maintenance schedule from the vehicle manufacturer which may be reviewed by the COUNTY. In addition, CITY shall perform all necessary maintenance to ensure the continued and safe operation of all vehicles. 2.2.2 The COUNTY may conduct periodic inspections using its own or contracted service personnel to ensure compliance with all maintenance and cleaning requirements specified in this Agreement or in manufacturers specification and any vehicle not determined by the COUNTY to be acceptable will be removed from service by CITY and all deficiencies corrected immediately.At the COUNTY's request, CITY shall take the vehicles to a location designated by the Contract Administrator for inspection. 2.2.3 CITY agrees to allow such on-board surveys and/or inspections as may be requested by COUNTY. The COUNTY shall have the right to inspect the vehicles during the CITY's regular hours or at any time in case of emergency to determine whether the CITY has complied with and is complying with the terms and conditions of this Agreement. The COUNTY may,at its discretion, require the CITY to effect repairs. 2.3 CITY shall ensure that all personnel providing services pursuant to this Agreement comply with all applicable federal, state,and County regulations, laws,and licensing requirements prior to and at all times while operating CITY's vehicle or performing any duties or functions relating to the requirements of this Agreement. 2.4 Safety and Security Reporting Requirements. CITY shall notify the Contract Administrator as indicated below and shall submit a monthly report to the Contract Administrator summarizing the following: (a) CITY shall notify the Contract Administrator with two (2) hours of the occurrence and provide a full incident report of any Maoor incident involving a transit vehicle. A Major incident involves one of the following conditions: • A fatality • Where two or more people are transported for off-site medical care • Total property damage is equal to or in excess of $25,000.00 ® 9 An evacuation due to life safety reasons (b) A summary report of all Non-Major incidents involving a transit vehicle. A Non-Major incident involves one of the following conditions: • Where one person is transported for off-site medical care • Total property damage is equal to or in excess of$7,500.00 but less than $25,000.00 • All non-arson fires not qualifying as Major incidents (c) All Crimes aboard transit vehicles and resulting arrests. 2.5 Minimum Standards. CITY agrees to comply with the following minimum standards: (a) All vehicles shall be kept clean and orderly during all times of active service. (b) All accidents shall be reported immediately to the police (c) Vehicles shall not be operated if the top or interior lights or the headlights or taillights are not functioning properly. Likewise, a vehicle shall not be driven unless the brakes, steering mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working order. -6- (d) Advertising, if allowed by COUNTY, on any vehicle shall not obstruct the driver's view and shall not obstruct the vehicle's top lights or other lights. No vehicle shall have within it, or on its exterior, any sign which encourages, advertises for, or otherwise solicits tips. (e) All vehicles shall be equipped with rearview mirror and side mirrors on driver's and passenger's side (f) Speedometer shall be properly installed, in good working order, and exposed to the view of both the driver and the passenger(s). (g) The interior of the vehicle(s) shall be clean, sanitary, free from torn or damaged upholstery or floor coverings and from damages or broken seats. (h) Door hinges and latches shall be in good mechanical working order and all doors shall operate easily and close securely. (i) Vehicle(s) shall be structurally sound and operate with a minimum of noise, vibration, and visible exhaust fumes. (j) The body, fenders, doors trim and grill of the vehicle(s) shall be free from cracks, breaks and dents, and painted. (k) Vision shall be unobstructed on all four (4) sides of the vehicle(s). SERVICES TO BE PROVIDED BY COUNTY 2.6 EQUIPMENT 2.6.1 COUNTY shall lease to CITY two (2) wheelchair accessible, passenger vehicles to be used in regular route service as set forth in Exhibit "A". Such vehicles shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. These vehicles shall be leased to the CITY for $10.00 each per year. Prior to the acceptance of the vehicles by CITY, CITY, at its own cost, shall have the right to inspect, or cause to be inspected, the vehicles by a mechanic designated by the CITY. 2.6.2 COUNTY shall provide the manufacturer's warranties and maintenance shop manuals to the CITY. 2.6.3 COUNTY shall provide CITY with sufficient bus stop signs and sign posts to cover the route described in Exhibit "A." Bus stop sign installation shall be -7- the responsibility of the CITY and must comply with Roadway and Traffic Design Standards Index #11865, published by the Florida Department of Transportation. In the event, CITY desires to supply its own signage at its own expense, such signage must be approved by COUNTY. 2.7 TECHNICAL ASSISTANCE 2.7.1 COUNTY shall provide Florida commercial drivers licensed operators hired by CITY or its contractors with training in passenger relations, rules of the road, and transit system information. All Florida commercial drivers licensed operators shall be required to attend and successfully complete the COUNTY's training program prior to operating the vehicle(s) addressed herein. This requirement shall extend to any and all Florida commercial drivers licensed operators employed at any time during the term of this Agreement. In the event training is not available, the Contract Administrator may provide a written extension, not to exceed sixty(60) days from the date the driver begins operating the vehicles, for Florida commercial drivers licensed operators to attend and complete the COUNTY's training. 2.7.2 COUNTY shall assist CITY staff with any aspect of planning and scheduling of public transit routing that CITY might request. 2.7.3 COUNTY shall print and provide CITY with bus route timetables sufficient to inform CITY residents and passengers of service made available as described in Exhibit "A" or any modification thereto. 2.7.4 COUNTY shall assist CITY in procuring bus shelters at no cost to CITY that generate revenue, if CITY requests. 2.8 CITY acknowledges and agrees that the Contract Administrator, unless specifically authorized herein, has no authority to make changes that would increase,decrease, or otherwise modify the Scope of Services to be provided under this Agreement. 2.9 Non-compliance with the provisions of Section 2.1.4 shall constitute cause for termination of this Agreement by the COUNTY pursuant to Section 9.1. Additionally, all previous funds paid to CITY hereunder shall be returned to COUNTY within ten (10) days of receipt by CITY of the notice of termination. ARTICLE 3 COMPLAINTS 3.1 CITY is obligated to respond to complaints regarding the quality of service, whether patrons'complaints or on the COUNTY's own initiative or otherwise. Such response shall be provided by the CITY verbally within two(2)calendar days of complaint and ® -8- in writing within five (5) calendar days. The CITY shall copy the Contract Administrator on all correspondence. At the request of the COUNTY, CITY shall meet with the Contract Administrator to review any complaints or concerns and to promptly correct any deficiencies. The Contract Administrator's determination as to quality of operation or services shall be conclusive, and curative measures shall be implemented by CITY as expeditiously as possible. 3.1.1 CITY shall be required to resolve all written and oral complaints received from the public or the COUNTY. CITY shall be required to conduct the necessary investigation, impose disciplinary action on employees where appropriate and respond in writing to each complainant with the results of such investigation and/or disciplinary action. Copies of all such correspondence shall be provided to the Contract Administrator on a weekly basis. 3.1.2 CITY shall submit a monthly report to the Contract Administrator summarizing complaints and damage or other claims received during the preceding month as well as the resolution, if known, of such matters. In addition, CITY shall prepare and furnish such other reports as the Contract Administrator may, from time to time, require. ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall remain in effect through September 30, 2006; the term may be extended for up to two (2) additional one (1) year periods upon written approval of the Contract Administrator, 90 days prior to the expiration of the then current term, and the consent of CITY. If the term of this Agreement extends beyond a single fiscal year of COUNTY, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY in accordance with Chapter 129, Florida Statutes. 4.2 Prior to beginning the performance of any services under this Agreement, CITY must receive a Notice to Proceed from Contract Administrator. ARTICLE 5 FINANCIAL ASSISTANCE 5.1 COUNTY agrees to pay CITY, Twenty Dollars ($20.00) per revenue service hour, per vehicle in revenue service under the terms of this Agreement, for the remaining term of the Agreement. CITY shall submit its vehicle revenue service hour calculations on the form and pursuant to instructions prescribed by Contract Administrator as set forth in Exhibit "E", attached hereto and made a part hereof. The funds addressed herein shall be used by CITY solely for the purpose of -9- maintaining, operating, and properly equipping the vehicle(s) and for no other purpose. On the effective date of this Agreement, COUNTY shall pay CITY, in advance, the anticipated amount due through the first quarter. All payments for subsequent quarters, if applicable, shall be paid in advance on a quarterly basis. 5.2 The name of the official payee to whom COUNTY shall issue checks shall be the CITY of DANIA BEACH. 5.3 METHOD OF BILLING AND PAYMENT 5.3.1 CITY shall submit invoices for compensation, in advance, on a quarterly basis. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and include a list of all Florida commercial licensed drivers, including drivers' license numbers, for each individual permitted to operate the vehicles under this Agreement. Each invoice must be submitted on the form and pursuant to instructions prescribed by Contract Administrator as set forth in Exhibit "E," attached hereto and made a part hereof. ARTICLE 6 CHANGES IN SCOPE OF SERVICES 6.1 Except for those changes permitted in Section 2.1 herein, any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 10.14 below. 6.2 Any appreciable changes in the level of services, as determined by the Contract Administrator's sole discretion, to be provided by CITY as set forth herein shall only be implemented after COUNTY and CITY have entered into a modified agreement describing the changed services. Nothing in this Agreement precludes the possibility of COUNTY once again providing public transportation services if ridership levels warrant expanded service. 6.3 The parties agree to renegotiate this Agreement if applicable federal, state, or local laws or revisions of said laws make changes in the Agreement necessary or desirable, as determined by the Contract Administrator. ARTICLE 7 INDEMNIFICATION / GOVERNMENTAL IMMUNITY 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida -10- Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 8 INSURANCE 8.1 The parties hereto acknowledge that CITY is an entity subject to Section 768.28, Florida Statutes, and CITY shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said agreement. The CITY shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. If CITY contracts with a third party to provide the transportation service addressed herein, any contract with such third party shall include the following provisions: Indemnification: CITY's contractor agrees to indemnify, reimburse, defend,and hold harmless COUNTY and COUNTY'sofficers,agents, and employees for, from, and against all claims, actions, or causes of actions, losses, damages, liabilities, costs, and expenses, including, reasonable costs, attorney's and paralegal's fees, imposed on or incurred by COUNTY in connection with all loss of life, bodily injury, personal injury, damage to property occurring upon, or about or arising out of or relating to, the contractor's occupancy or use of the vehicle(s) to perform the services set forth herein. Insurance: CITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "C," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY as an additional insured. Provisions Applicable to Insurance: At or prior to the commencement of contractor's performance pursuant to the provisions of any agreement with CITY involving the vehicle(s) provided hereunder, contractor shall deliver the original certificate of insurance required herein to COUNTY. Contractor shall pay the premiums for all insurance required by this Agreement. Contractor shall cause all policies of insurance required by this Agreement to be renewed from time to time so that at all times the insurance protection required by this Agreement shall continuously exist. The policy shall not be canceled or materially changed without the giving of at least thirty(30) days' prior written notice thereof to COUNTY, and in such event, a policy pursuant to the above terms must be substituted. -11- ARTICLE 9 TERMINATION 9.1 This Agreement may be terminated for cause by action of the Board or by CITY upon thirty (30) days' written notice by the party that elected to terminated, or for convenience by action of Board upon not less than sixty(60) days'written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 9.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of COUNTY as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 9.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator 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. 9.4 In the event this Agreement is terminated for convenience, the financial assistance provided by the COUNTY shall be prorated on a monthly basis to the date the Agreement is terminated. However, upon being notified of COUNTY's election to terminate, CITY shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CITY acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is given as specific consideration to CITY for COUNTY's right to terminate this Agreement for convenience. 9.5 Upon termination of this Agreement for whatever reason, CITY shall return the vehicle leased herein to the COUNTY. CITY shall return the vehicle to COUNTY in the condition it was received at the onset of this Agreement, normal wear and tear excepted. The CITY's obligation to return the vehicle to the COUNTY in the condition it was received shall include the removal of any painting or wrapping of the vehicle for advertisement purposes. Any costs necessary to restore and/or prepare the vehicle for return to COUNTY shall be the sole responsibility of the CITY. COUNTY, through its Maintenance Transit Manager, shall have the right to inspect and to approve the condition of the vehicle prior to acceptance and should the Maintenance Transit Manager determine that the vehicle is not in the proper condition, CITY shall at its sole cost and expense remedy any and all deficiencies identified by the Maintenance Transit Manager. 01 -12- ARTICLE 10 MISCELLANEOUS 10.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7)days of termination of this Agreement by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Project. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. CITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3)years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 10.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act(ADA)in the course of providing any services funded by COUNTY, including Titles I and II of the ADA(regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In -13- addition, CITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion,transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CITY'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 163/2), 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. CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Yz) in performing any services pursuant to this Agreement. 10.4 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services,neither CITY nor its agents shall act as officers, employees, or agents of the COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. 10.5 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. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Director of Mass Transit Division Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069 -14- FOR CITY: City Manager City of Dania Beach Post Office Box 1708 Dania Beach, Florida 33004 10.6 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CITY shall not subcontract any portion of the work required by this Agreement except as authorized herein. CITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof,to adequately and competently perform the duties,obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 10.7 CONFLICTS Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment related to its performance under this Agreement. CITY agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding, related to performance under this Agreement, in which he or she is not a party, unless compelled by court process. Further, CITY agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding related to the performance under this Agreement. The limitations of this section shall not preclude CITY or any other persons from representing themselves in any action or in any administrative or legal proceeding related to the performance under this Agreement. -15- In the event CITY is permitted to utilize subcontractors to perform any,services ® required by this Agreement, CITY agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 10.8 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this. Agreement and, therefore, is a material term hereof. COUNTY's failure 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. 10.9 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.10 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7)days after the finding by the court becomes final. 10.11 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. -16- 10.12 PRIORITY OF PROVISIONS ® If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, 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 10 of this Agreement shall prevail and be given effect. 10.13 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit of Broward County, Florida. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. 10.14 AMENDMENTS a No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 10.15 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations,agreements,and understandings applicable to the matters contained herein 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 hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 10.14 above. 10.16 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits"A,""B,""C,""D"and""E"are incorporated into and made a part of this Agreement. '0 -17- 10.17 MULTIPLE ORIGINALS • This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. [Intentionally Left Blank) -18- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of , 2003, and CITY, signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners Broward County Administrator, a - By Ex-officio Clerk of the Broward County Mayor Board of County Commissioners /f day of Approved as to form by EDWARD A. DION, County Attorney for Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By c4r2�_ Yasmi Govin Assistant County Attorney -19- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTYAND CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES CITY Approved by Resolution No. o-�ooj -/9d Mayor ATTEST: CITY OF DANIA BEAC By City Clerk Ci y"M an, � D&day of , 2003 . APPROVED AS TOFORM: By City Attorney YYG:dmv 7/18/03 C:\Documents and Settings\iminney\Local Settings\Tem p\Com bus.Dania Bch-2003.wpd t -20- �j PKW 00 u�Oi O ^, O O - (D p R BRYAN RD. G O ti m'I D r � NW 14 AVE. C Y m N m D 1-!• I n.i -i, -i � (n Z 4W 10 CT. AwwrY��w� �o DCD DANIA BEACH cnm = 1 _ = m 7o D cD NJi0NL0Na0NA0 ®CITY HALL OD =" O 00000000000o T Cfn 0C C Z Z m O awwN-•�n�� �oo� - CI ! M M v = zNW9 AVE. O N L O S.E.3 AVE.& pp 0 m p r Sf 0 0 0 0 01 01 G)O G1 Gf 0 S._.!O ST. O C r z Z m Q A W W N s N o 0 o PUBLLX SHOPPING N N LO N LON ONL.O CE`ITER O -i CO 0D CO COCo W C*OD CO CO OD CO .SHERIDAN ST Sw3AV DIXIEHWY. E. 'VW 4AV A w w N s w o p PUBLIX SHOPPING Z W E' w�C is in O is i" `'� � n CEh!TER SHEPIDAPI ST m FEDERAL ;c, =m sgy HWY. �m =� •A W W N _.N-. O<D!D 1f 1:'�Ii!I'!-DIXiE W A A A d,Na A 'wa!,i C� DA•!LA BEACH O A = a �_ L D BI v m Z 0 SE 2 AVE. A w w N-+ t w o 0.fl DAI!IA BEACH C i D N (n 1 ` ' CITY HALL z m m SE 3 AVE. 1"'w(0<D�(0 co� 'D 0 D A j mO ®DA.?!IA BE_�H FRONTON v .l l -.11q -1 cl 7 _I �+ fm ul SE 4 AVE. U aLL'a. I A A ci N N N N •�O!D rA '.iFAi':1 PRI.< IOU M in is in-•is<n .:J i n RA,-_0 RA'.14 C C a SE 5 AVE. 'D7 QI<n CJ7<71 V<nN pm a !? -+ O 0(D c. QaK�::�OOD 'I �Ow i71 W in.a W in Li GJ(n •• O N y maoommaoww•xmwmw PLAZA O D 1 m 7 -0 Q? e. OAK,:+OOD D O i O N A O N.�ij N L O N A O °LAc.A N ,NN NNNNNNNttNNN "'10 D CO N Z I to A w W N t N ;O<D cD GRAND PRIX O C D O N L O N A O N=O N A O RACE O RAF:IA C D W V7(A in C71 in DI<n:r Vl(n C.'1 Cn Z9 m > to A w w N-+.t ro o<D,q DANIA EEACH D _ la into�n-.w n iJ i, CITY HALL N ����"'lll W j0 0 0 0 0 0 0 0 0 0 0 0 0 D W2 _ O �� in�is in ib n-o P ° DANIA BEACH > m m Ohm .i v v v l w�i�l CITY HALL r D -4 m 4 330 DN CO D= m31 AW NN-+NN-. pO.;O Zm OLEP PARK O �77 vT. V V V V 1!v V -1-I-1 V C . O Ow rn0 A W N N N N -0 0 J '-` D.A;,!IA BEACH z M Vl'a RCZ-AIjRAidT D - �� DDOO oo00D2rAW W - O - �m r C m OO DAi:'A C2 O N L O N L A E_LCH m 2 O P�L:O N<W FCTAtIR�.;'dT (p m <7°ii m `D<D<D<D <D(D<_ D�� AlA O U) W Z A W N N - N N ....p O l O C w iii -.win �/ OLER DSRK C m > 0 0 0 0 0 0 0�^O'+O If Z D �j c Z A W W N-•� N _ �],,7 D{i'IA cEAr'.H O N L O N A O N=cJ 0000000- p��o t_L v='.� Exhibit"B" DRUG FREE �VORKP A E FI2TiFf ATfON The undersigned municipality hereby certifies that it will provide a drug-free workplace program by: 1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispense, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition; 2) Establishing a continuing drug-fire$awareness program to inform its employees about: i i) The dangers of drug abase in the workplace; ii) The policy of maintaining a drug-free workplace; iii) Any available drug counseling, rehabilitation, and employee assistance programs;and iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; ® 3) Giving all employees engaged in performance of the contract a co of the statement required by subparagraph 1); copy ement 4) Notifying all employees,in writing, of the statement required by subparagraph 1), that as a condition of employment on a covered contract, the employee shall: i) Abide by the terms of the statement;and ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; 5) Notifying Broward County government, in writing, within 10 calendar days after receiving notice under subdivision 4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title ofthe employee; 6) Wlthin 30 calendar days after receiving notice under subparagraph 4) of a conviction; taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: nRUG FREF WORKPI,A F f ERTiFI('ATTON i) Taking appropriate personnel action against such employee, up to and including termination,; or ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and 7) Making a good faith effort to maintain a drug-fee workplace program through implementation of subparagraphs 1) through 6). Authorized Signature and Title A hC4 ell �Z. Printed Name anf Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this cZf day of -v� 0' by as (Name of Person Whose Signature is Notarized) ( fitle) of the known to me to be the person described herein. (N e o un�ctpality) P e ein. NOTARY PUBLIC MIRIAM NASSER Nolary Public, State of Florida (Signature) My Comm, exp. July 9,2007 t:e.+mm, No.00 230214 (Print Nanle) My Commission Expires: oZD0 7 SEP. 9.2003 9:19AM NO.778 P.2 S- M CERTIFICATE OF LIABILITY INSURANCE PRob„alm MCATE 10 1899JeD AS A MATTER ap I ItMMATION INTERASSURANCE ONLY AND CONl INS NO RIQHT9 Upo:N THE C@RflFleAI'E 7975 MIAMI LAKES OR 0280 AL OER. 7pIE3 VEERT S AKF 0O� NOT THE POLiCI f LOW MIAMI LAKES, FL 33018 306-823-®4� INOURERS AFFORDING COVERAGE A-PLUS TRANSPORTATION, INC. NA 2331 NORTH STATE ROAD 7 urSuan' LAUDERHILL, FL 33313 INSAEItC� — nIEUpQADt NEUNEP H: COVIMA9 ® ACE _ THE SOUIRSMGNT.Tt M 0 � pl rtOtd O ANY CON INT'RACCT OR 0 SISUW TO H��R DDOCUMIENT WITH RESPECT TO MIC THIPOLICY S CERTIF CATS MAD. Y 8E ISSUED OR MAY PYPCfAIN TNY INSUPANCC AIT RIND FY 71tE POLICIES DEWAIBBD HIIIIIIN 19 GUSJ60T TO ALL THY TERMS,0CLUSION8 AND CONDITIONS OF SUCH OE&A06AeGATE LIMITS SHOWN MAY HAVE DUN 1111CM D BY PAID CLAIMS-PH QF IMRANOS Paucr E11 nElrrwu.uABIUTrI EACH 0=41PENCE I CoMmsMIAL GENERAL UAEIUTY PWE OAMAOE(A!!� IbMI 1„ CLAIMS MADE 7 00" MEo f9p thmv am w un � PEpE 6 ADV Iro�uNr 6 OEN'L ABGRGOATE LlMIT AIVUEE PEfl: PP10p a"-COMP/OP AGG 11 PCtIOY r I Fl LOC AUTOWNLELIABILM (� 61NOLEUTAT ! 1,000,000 ANY"0 ALL OWNaoAUMS 74APN280087 09/05/03 09105/04 A T @DNe=w AUTOS -- — r o0.Y OMUMY NIpBD AUTOS 4 AUM NOpFOWNEO r PIP$10,000 W/O bE e lfis°iE".nNAOE lIAlq frY AUTQ LI�t.,EA AOCU*NT 8 I Z��� I� �� A ADO I ANY AUTO AU7C DNLN 150o I 1 dtCpE LUIiILiTY �„�!��.— i . o R r'1 CLAIMS MAZEMVCTNLG �AOOAECi T� I D - ��ppgqItEPII Ro1HAEgEATION AND EIm1AYERa'LIAsiLITY i�AW ACGIO6NT E /HAVE•EA E Ytt S E.L MAN•INDUCT LIANIT OTMeI7 . 1 4 pp,EcpIP1ION oP OPERATiDNEA.00Af1ONENEN10LiE16><OLIM901Y ADDED EY ENOWIE61IEN110PkIA� SEE VEHICLE LIST ATTACHED AID Eli ADOmDA d4 o aua n L SANK LLA ION vAouLo Atr1r OF tN!ABOVE oe9Daleeo ppLlouo ue cANoeluo UFO" a►Ye�wnman AS ADDITIINSURED DATE fall OF, a tw1Nd 0MI161,wIL'ENWAvon Tom" 0 BROWARDNTY BOARD QF OOMMlS910NER8 NpT10E TO THE C14fHIfIDAT6 N01 OER NAM6o To THIS Lm.PUT FALUAE To DD So r MAL4 • 118 SOUTHF�EW$AVENUE INPDOiE No oWgA"M Op LIAEWIN OP ANY K1NO UPON TNd INSUnEIL ITE AG6NT0 OR � TNES. F r,LAuo� ,FL 33302 AUTNOM1 - IEL Asa; 984-327.65X OAD 9• (!7 TA W.4GIC:TM I'MMP AM •daC CTMT) T)hCc• nil VW J kin r i u i vn-JC1,1uy i • LlnM a u _4Y• 9.23 9s20AM NO.778 P.3 A-PLUS TRANSPORTATION r uler/wheelchelr O. p 0 0 1U61 9:53AX5F IMMMMA97393J29/5/03 1699 ELCORAD6 1 FDXE40SOX '18624 19RE0J2 C 9J5J03 3 20 0 ELDORADO U:DXE4OF4X8C38329 MEW WC 915/03 4 2000 E D0RAQ0 1FOXE40FOXHC38330 16 EGl2 WC 915/03 5 200p ELQORADO —iTDXE4oF2XHC38331 16REorTwc 9J5103 8 000 ELDORA O 1PDXE40 4XHC38332 16RE©/2 WC 915/03 7 2000 ELDORADO 1 F5XE400F8XM 334 Ed/2 W 8/5103 cd WdOS:To 200E 60 'daS St9tziZbS6: ON Xdd NOIitfidOdSNdbi: w�c� Exhibit "D" CERTIFICATION OF COMPLIANCE TO: Director, Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069 i, [ lg:Lq j MCDcncc,{�( , �r�efal 4P_ , certify that__(_' t.P deOr-vn(6\ 6cq cal Name) (FRIG) ( me of Contractor) has established and implemented an anti-drug and alcohol misuse prevention program in accordance with the terms of Federal Transit Administration(FTA)regulation 49 CFR Part 655. I further certify that employee training conducted under this program meets the requirements of this regulation. ( Date) (St nature) • 01/07/02 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 Weekday Revenue Service Hours x $20 = Total Saturday Revenue Service Hours x $20 = Total Sunday Revenue Service Hours x $20 = Sub Total. Month: . Total Weekday Revenue Service Hours x $20 = Total Saturday Revenue Service Hours x $20 Total Sunday Revenue Service Hours x $20 = Sub Total: Month: Total Weekday Revenue Service Hours x $20 = Total Saturday Revenue Service Hours x $20 = Total Sunday Revenue Service Hours x $20 = Sub Total: Capital Cost of Contracting Num. of vehicles( ) x$12,000= Sub Total: Total: Print Name Title ® Signature Date EXHIBIT "Ell • City of Dania Beach Operating Funding Community Bus Service -($20.00/Hour) Buses Service Span of Service Frequency Daily Service pays Funding Per Annual Hours Revenue Hour Funding 2 Weekday 8:47a-5:10p 40 min 15.9 255 $20.00 $81,090 Total Mass Transit funding $81,090 • • Community Services Department MASS TRANSIT DIVISION - Service Development 3201 West Copans Road • Pompano Beach, Florida 33069 954-357-8375 • FAX 954-357-8342 October 6, 2003 Charlene Johnson, City Clerk City of Dania Beach 100 West Beach Blvd. Dania Beach FL 33004 Dear Ms. Johnson: Enclosed is the executed interlocal agreement between Broward County and the City of Dania Beach for Public Transportation Services. Please complete Exhibit "D" Certification Of Compliance of the interlocal agreement and return it to the undersigned by November 6, 2003. I can be reached at 954-357-7713 or email at iminney@broward.org. broward.org. Sincerely, ^� nn M.Minney Contract Grants Administrator Broward County Transit C: Robert Roth, Director Broward County Mass Transit Kristen Jones, Parks and Recreation Director Broward County Board of County Commissioners Josephus Eggelletion,Jr Ben Graber • Sue Gunzburcer • Kristin D.Jacobs• Ilene Lieberman • Lori Nance Parrish • John E. Rodstrom,Jr - James A. Scott • Diana Wasserman-Rubin www,broward.org/bct ANN • • FLORIDA August 28, 2003 Irvin Minney Contract/Grants Administrator Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, FL 33069 RE: Interlocal Agreements- Public Transportation Services Broward County and the City of Dania Beach Dear Irvin: On August 26, 2003, the Dania Beach City Commission adopted Resolution No. 2003- 192 approving the Interlocal Agreement between Broward County and the City for public bus transportation services. • We have executed and enclosed the five (5) original agreements that you sent to us. Upon approval and execution by Broward County, please return one (1) original to us for our records. It appears that the City's current subcontractor agreement with A-Plus Transportation Inc. does not expire until December 2003. Therefore, it is my understanding that the City will be advertising for bids for this service sometime over the next few months to determine the subcontractor for the next three years beginning January 2004. With regards to Exhibit "E" of the agreement, please contact Kristen Jones, Parks & Recreation Director, at (954) 924-3730 regarding the submittal of the service hours form. If I may be of further assistance, please do not hesitate to contact me at (954) 924-3622. Sincerely, h' rldne 16o n'sdn, CM 61 City Clerk /cj Enclosures (5) Cc: Thomas Ansbro, City Attorney Kristen Jones, Parks & Recreation Director • `Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us • s COURD NTY --4 Community Services Department MASS TRANSIT DIVISION - Service Development 3201 West Copans Road - Pompano Beach, Florida 33069 954-357-8375 - FAX 954-357-8342 July 25, 2003 Ivan Pato, City Manager City of Dania Beach 100 West Beach Boulevard Dania Beach, Florida 33004 Dear Mr. Pato: Please find enclosed five(5) original Interlocal Agreements with attachments A through E between Broward County and the City of Dania Beach for Public Transportation Services. It is our hope that this agreement would be placed on your commission agenda for consideration as soon as • possible. This agreement replaces your previous agreement which terminates September 30, 2003. Please let me know when this agreement will be considered by your commission. I can be reached at 954-357-7713. Sincerely, Irvin Minney Contract/Grants Administrator Broward County Mass Transit Division C: Robert Roth, Director, Broward County Mass Transit Division Kristen Jones, Director of Parks and Recreation • Broward County Board of County Commissioners ,losephus r_ggeiienon,Jr. - rten Gra l)er•Sue Gun l)urger- Ki-Ain D.Jacobs- Ilene Lieberman - Lori Nance Parrish • John E.Rocistrom.Jr. • James A Scott- Diana Wasserman-Rubin www.broward.org/bct