HomeMy WebLinkAboutR-2000-137 RESOLUTION NO. 2000-137
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING A THREE (3) YEAR AGREEMENT WITH
BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR
PUBLIC TRANSPORTATION SERVICES; PROVIDING THAT
THE AGREEMENT WITH BROWARD COUNTY SUPPLIES
THE CITY OF DANIA BEACH WITH TWO (2) SHUTTLE
BUSES AND PAYMENT 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 Broward County and the City of Dania
Beach for public transportation services, in substantial form as attached as Exhibit 1",
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are repealed to the extent of such conflict.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 September, 2000.
YOR - COMMI�%OWNER
1 RESOLUTION NO. 2000-137
ATTEST:
ROLL CALL:
/ MAYOR MCELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL CHAP AN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING- YES
COMMISSIONER MIKES- YES
APPROVED AS TO M,//
POND CORRECTNESS:
BY: �-
THOMAS J. ANSBR -
CITY ATTORNEY
2 RESOLUTION NO. 2000-137
N '.;FU
C1W
.6 FLORIDA
September 14, 2000
Irvin Minney, Contracts Grants Administrator
Broward County Mass Transit Division
3201 West Copans Road
Pompano Beach, Florida 33069
IN RE: INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND
CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES
Dear Mr. Minney:
The City Commission of Dania Beach adopted Resolution#2000-137 at its September 12tn
regular meeting approving the above three-year agreement providing the City with two shuttle
buses and payment for public transportation services.
Enclosed are five copies of the Agreement and Resolution which have been properly executed
by the City of Dania Beach.
After the Agreement has been signed by the County, please send me one fully executed
duplicate original for the City's official records.
Thank you.
Sincerely,
CITY OF DANIA BEACH
r
Charlene Johnson, Deputy City Clerk
CJ:bjl
Enclosures 5
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beachAus
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
i CITY OF DANIA BEACH
for
PUBLIC TRANSPORTATION SERVICES
i #(OJT
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
The CITY OF DANIA BEACH, a municipal corporation of the state of Florida, by and
through the City of Dania Beach Commission, 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:
ARTICLE 1
® DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement-means this document,Articles 1 through 9, inclusive. Otherterms 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 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.
1.4 County Attorney-The chief legal counsel for COUNTY who directs and supervises
the Office of the County Attorney pursuant to Section 4.03 of the Broward County
Charter.
1.5 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
ensure that its contractor complies at all times with each and every term, condition,
duty, and obligation set forth herein. Any changes to Exhibit "A" made by CITY
shall be effective only upon the written consent of the Director of Mass Transit. The
services to be provided shall include the following:
2.1.1 Free fare public transportation service to the locations described in Exhibit
"A" shall be provided until such time as CITY determines a fare to be
appropriate, but in no event shall a fare exceed half(1/2) of the fixed route
-2-
full adult BCT fare. A public hearing shall be held prior to the institution of
a fare increase. 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." COUNTY shall be advised prior to the imposition of a fare
increase.
2.1.2 The established service shall be on a fixed route basis with designated
intermediate stops a minimum of forty (40) hours per week and a minimum
of five (5) days per week, provided, however, the minimum hours of
operation shall be reduced by eight (8) hours during any week in which a
legal holiday is recognized on a weekday. The CITY service shall connect
with regular COUNTY bus routes, as set forth in Exhibit "A."
2.1.3 Beginning June 1, 2001, CITY shall maintain a minimum average of five (5)
passengers per revenue hour on each route operated by the City. In the
event that CITY does not maintain such minimum average of passengers,
COUNTY shall assist CITY to increase ridership, which may include
modification of the route, as set forth in Exhibit "A."
2.1.4 Vehicle(s) shall be operated by properly licensed operators ("vehicle
chauffeurs") employed by CITY or its contractors. These employees shall
provide full utilization of vehicle(s) to disabled passengers while in service.
2.1.5 Vehicle chauffeurs hired by CITY or its contractors shall issue COUNTY bus
route timetables or other transit information to any passenger requesting
such material.
2.1.6 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.
2.1.7 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.
2.1.8 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.
2.1.9 In accordancewith Broward County Ordinance 92-8, CITY certifies by means
of Exhibit"B,"which is attached hereto and incorporated herein by reference
-3-
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.
2.1.10 Effective upon execution of this Agreement, CITY shall 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, the requirements of the United States
Department of Transportation shall control.
2.1.11 CITY agrees that throughout the term of this Agreement that the Broward
County Transit(BCT) logo and the COUNTY assigned identification number
shall be conspicuously displayed on the rear of the vehicle at all times.
2.1.12 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.
2.1.13 CITY shall at all times have and maintain in proper working order a
dedicated TTY number.
SERVICES TO BE PROVIDED BY COUNTY
2.2 EQUIPMENT
2.2.1 COUNTY shall lease to CITY two (2) wheelchair accessible, passenger
vehicle(s) to be used in regular route service. Such vehicle(s) shall comply
with the Americans with Disabilities Act of 1990 and all applicable federal
and state regulations. This vehicle(s) shall be leased to the CITY for Ten
Dollars ($10.00) each per year. Prior to the acceptance of the vehicle(s) by
CITY, CITY, at its own cost, shall have the right to inspect, or cause to be
inspected, the vehicle(s) by a mechanic designated by the CITY.
2.2.2 COUNTY shall provide the manufacturer's warranties and maintenance shop
manuals to the CITY.
2.2.3 COUNTY shall provide CITY with sufficient bus stop signs and sign posts to
cover the route described in Exhibit "A." Bus stop sign installation must
complywith Roadway and Traffic Design Standards Index#11865,published
by the Florida Department of Transportation. In the event, CITY desires to
® -4-
supply its own signage at its own expense, such signage must be approved
by COUNTY.
2.3 TECHNICAL ASSISTANCE
2.3.1 COUNTY shall provide vehicle chauffeurs hired by CITY or its contractors
with training iri-passenger relations, rules of the road, and transit system
information. All vehicle chauffeurs 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
vehicle chauffeurs employed at any time during the term of this Agreement.
2.3.2 COUNTY shall assist CITY staff with any aspect of planning and scheduling
of public transit routing that CITY might request.
.2.3.3 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.
2.3.4 COUNTY shall assist CITY in procuring bus shelters at no cost to CITY that
generate revenue, if CITY requests.
2.4 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.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
The term of this Agreement shall begin on October 1, 2000, and shall remain in
effect for a term of three (3) years. 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.
ARTICLE 4
FINANCIAL ASSISTANCE
4.1 COUNTY agrees to pay CITY a flat fee of Five Thousand Dollars ($5,000.00) per
vehicle, upon execution of this Agreement for services rendered under this
-5-
Agreement from the date of execution until December 31, 2000. Beginning January
1, 2001, COUNTY agrees to pay CITY, Twenty- Dollars ($20.00) per hour, per
vehicle in revenue service for the remaining term of the Agreement. The funds
addressed herein shall be used by CITY solely for the purpose of maintaining,
operating, and properly equipping the vehicle(s) and for no other purpose.
4.2 The name of the official payee to whom COUNTY shall issue checks shall be the
CITY of DANIA BEACH.
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 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 9.13 below.
5.2 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.
• 5.3 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 6
INDEMNIFICATION / GOVERNMENTAL IMMUNITY
6.1 CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida
Statutes, and agrees to be fully responsible for acts and omissions of its agents or
employees to the extent permitted by law. Nothing herein is intended to serve as
a waiver of sovereign immunity by any party to.which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or
political subdivision of the state of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract.
ARTICLE 7
INSURANCE
The parties hereto acknowledge that CITY is a self-insured governmental entity subject to
the limitations of Section 768.28, Florida Statutes. The CITY shall institute and maintain
-6-
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'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, 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.
ARTICLE 8
TERMINATION
8.1 This Agreement may be terminated for cause by action of Board or by CITY upon
thirty (30) days' written notice by the party that elected to terminate, 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
-7-
is necessary to protect the public health, safety, or welfare.
8.2 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 breach of any of the provisions of this Agreement notwithstanding
whether any such breach was previously waived or cured.
8.3 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.
8.4 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 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.
® 8.5 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,
ARTICLE 9
MISCELLANEOUS
9.1 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,
-8-
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.
9.2 AUDIT RIGHT AND RETENTION OF RECORDS
_- .____-__-COUNTY shall have the.right to audit-the-books;-records and accounts of CITY.
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.
9.3 NONDISCRIMINATION
CITY 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: employment upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection fortraining, including apprenticeships. CITY agrees
to furnish COUNTY with a copy of its Affirmative Action Policy or in the event that
CITY contracts with a third party for this service, such third party's Affirmative
Action Policy shall be furnished to COUNTY.
9.4 INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by
-9-
i
CITY shall be subject to the supervision of CITY, and such services shall not be
provided by CITY or its agents as'officers, employees, or agents of the COUNTY.
The parties expressly acknowledge that it is not their intent to create any rights in
any third, person or entity under this Agreement.
9.5 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
FOR CITY:
City Manager
City of Dania Beach
Post Office Box 1708
Dania, Florida 33004
9.6 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party and 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.
CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance shall be
-10-
comparable to the best local and national standards.
® 9.7 WAIVER OF BREACH AND MATERIALITY
Failure by COUNTY 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.
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.
9.8 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 related to
this Agreement.
9.9 SEVERANCE
In the event this Agreement or 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. 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.
9.10 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of COUNTY and CITY and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than any other.
9.11 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 9 of this Agreement shall
prevail and be given effect.
-11-
9.12 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.
9.13 AMENDMENTS
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.
9.14 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements,and understandingsapplicableto 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
contained in a written document in accordance with Section 9.13 above.
9.15 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas"clause set forth above is acknowledged
by the parties. The attached Exhibits "A" and "B," are incorporated into and made
a part of this Agreement.
9.16 MULTIPLE ORIGINALS
This Agreement may be executed in five L5-) copies, each of which shall be deemed
to be an original.
[Intentionally Left Blank]
® -12-
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Chair or Vice Chair, authorized to execute same by Board action
on the day of , 20 , and CITY OF DANIA BEACH, signing
by and through its CITY Manager, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By
Broward County Administrator, as , Chair
Ex-officio Clerk of the Broward County
Board of County Commissioners
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) 357-6968
By
CAROLS. WOLFF
Assistant County Attorney
-13-
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA
BEACH FOR PUBLIC TRANSPORTATION SERVICES
CITY
Approved by Resolution No.2 o o o_13 7
Dated Seotember-- 12-, -2000
ATTEST: CITY OF DANIA BEACH
BY :
fa C. McElyea
By
Acting City Clerk , Sheryl Chapman Mich it , City Manager
This 12t of entembe_r , 2000
Approved as to legal orm:
By
T om s A sbro
City Attorney
CSW:sI
combus.dan2
00-114.08
7/26/00
® -14-
EXHIBIT "A"
lldH A110 p= rn rn o) rn o rn m M o) o) o) w w w 0) cD
HOV39VINVa rchr" C7 rf+) rM m rM rM rM
S3Altlhld 0
r T r r r r
It � er er er It er of er er er er
O 96-1IVdOOl T7 chrco rM rM rM rM rM rC7
WJ XladaNVUE) 0000 rr NN rr NN Mc9 efer
r r r r r r
Q J
0 = VZbld o000 00 00 00 00 0o 0o
CA WH 'OSa00AANVO rCh ajOO r (h rcr) NN V_m NM rc!) rM
•• O rr N MM eret
y v S3AV.97
`dZt/ld ornrnrnrn rnrn o) rn DDw c) rn ow a) rn
Q o S a 00M)4 d0 .- O N O N O CM N O CM cm N O N
N 0000 rr NN rr CV
J S3Alhlhld r r
a
c0 (0 cD c0 c0 (D to w w cD w co 0 w to to
N N N N N 0
00 96-1IVdOOl Oocm O O o O ON ON
E••'Cl) Xl)Jd aNdaJ of of 0 0 N N '- N N ri ri of of z
(up r r r r r r W
00 W
u�0 lldHkilO 0000 00 0o 0o Oo 0o 0o U
F' HOV38VNIVO ONON ON ON ON ON ON ON >
3Q S3AV.97 0000 rr � r rr NN MM eta cr
0 '^ r r T r ,W
z N
- llVH U10 nnn nn nn nn r• n nr. ran r,
H0`d38 dlNb'a W r `n r m r �? r to r c!� r In r r lf�
{, (l 000 0r rN Nr rN NM Clef et
S3Aldd m r r r T r r
W
Q IS 0 L '3'S a 5; LO O r L r O r L r LO L r to
cr
W J '8'3n`d b'3'S W 0 0 0 0 T T CV N r r N N M CO er
Q a N r r
y= 1SNda183HS 000 00 00 00 00 00 0o o
} r lq r m r l0 TT cn r LO r In r In r LO
y xnand aia) 0 or r (V Nr rN NM rief er
QW c� S3AV37 r T- r *-
1S Nd(1183HS 00 0D c0 °0 Co co m o 0 0 0 co co co 0o co
o �ro � o � O ero eo er0 er0 er
�cllend_ ...
J ---- - -- -O-r- -�N- �-N
co
S3Alhlhld r r r r r r
a Lf) L0V) LO LO mw 00 mw Lc) LO 0m 0 �
O N 1S O L '3'S o h o It v o q o v o er O er o 0
W z -V'3A`d 6'3-S ai 0) 0 O r r r r CV N C9 C7 et et W
QQ W
y2 -11VHA110 000 00 Oo 00 00 0o Oo OU
0'L=u Ovo v o v, 0 er o
cn H0d38 b'INt/a of m 0
W 0 := .- � o er o � o v >
CoS3AF/37 .- r r r N CV r r N N C9 C9 er of W
N r r
Z
lldH A110 a CO CO m CO m m co co co co co co co co o co
HOV38 VINda m m CD 0 0 r m !n C.) LOMtn C.) c17 m LO
S3Alhlhlt/ N N r N N M M et
r r r r r r
- w a Q J (7� (7 t0 cM to M to ch uy M us M to coin
�Iadd a3lad >a � Q) 0 00 TT CM CM
rr CVN MC9 efef ZO
= W
N
mH INb'»flb'1S3Fi oo 00 00 0o 0o Oo 00 0o Hcc
co U 831d t/lMda M LP M In �i `O cn `•n cn `O M %Q M 'n M !n z 0
3 0 S3AV37 ai 0 00 r rN- CMr r cV N Cl) M of of o0._
F-
1Nd»f1V1S38 co ao co m co ao 0 0 0o co cow co ao o co
ga
»31d b'INda N N v N N 'a N cmer N et N v F-0
0 0
S3Alhlhl b' ai ai r r r r N N M C'1 et et O
�U
nn nn nn tir, ter, nn nn nr, w0
Q N8b'd >=1310d N � Nef N � N � Nrr Ner Nee N � LL
wz
= 0 0 0 0 T r r r r N N c9 M et er m w
pU co(L
r, -11VHA110 00 00 00 00 00 00 00 0o w
F� N 'd' N tt N •qr N V N er N er N er N V
y m H0b38 t/INda .. m p
O) CY) 00
Q Q efSZAV37 =O
W z m
x��i a r ; �� �. � .,.��{{�sv,ry +�h.�y t�a•�,ahh`
.. ft f..
k
"V9 S
f 4
a '
Tp
Ir
Afflj
0.`Mr Plh cl,Al 7 �
r x k
'•�9s ��: Fz�tfw',- 8 �`�„ `r °ZS.,Q .a. ���'� r
�, 1. sY�'✓er'�.',.. .� ao���,��:r�r. m.cm=•�;.a.;•e�- ram.� � ��:..
.��•�`.�r.«<=.rye .`r�r�s.^��„-- .'ss:xe
f
EXHIBIT "B"
® DRUG FREE WORKPLACE CERTIFICATION
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
substances 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 free awareness program to inform its
employees about:
i) The dangers of drub abuse 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 copy of the
statement required by subparagraph (1);
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 of the employee;
6) Within 30 calendar days after receiving notice under subparagraph (4)(ii)of
DRUG FREE WORKPLACE CERTIFICATION
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.
vii) Taking appropriate personnel action against such employee,
up to and including termination; or
viii) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a federal, state, or local he th, law enforcement,
or other appropriate agency; and
7) Making a good faith effort to maintain a drug free rogram through
implementation of subparagraphs (1) through (6).
Author ze I
S nat e and Title
® Michae W. Smith, City Manage
Printe Name and Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged,before me this 12th day of September,
2000 1by MICHAEL W. SMITH as CITY MANAGER
(Name of Person Whose Signature is Notarized) (Title)
of the_ CITY OF DANIA BEACH known to me to be the person described herein.
(Name of Municipality)
M uGc?�,����ii,
A
Pnature)
=Z:
® :*_
#CC 67736
/T / i � i�pL 0jO�tled thI�
(Print Name) Nii ii ii d` \\\\
My Commission Expired l eC. 23 ?tJl/l
sRowaan country
D
FY 2001 Estimated Estimated
University FY 2001 FY 2001 FY 2002
City of Florida Percent Revenues Revenues
Population* Share (9 months)** (full year)**
' Coconut Creek 39,554 0.745654% 38,028 50,704
t Cooper City 28,730 0.541605% 27,662 36,829
3 Coral Springs 111,724 2.106170% 107,415 143,220
Dania Beach 18,480 0.348376% 17,767 23,690
s Davie 67,529 1.273025% 64,924 86,566
Deerfield Beach 59,964 1.130413% 57,651 76,868
Fort Lauderdale 148,971 2.808332% 143,225 190,967
Hallandale' 31,504 0.593899% 30,289 40,385
1 Hillsboro Beach 1,756 0.033103% 1,688 2,251
h Hollywood 127,660 2.406587% 122,736 163,648
ii Lauderdale-by-the-Sea 3,798 0.071598% 3,651 4,869
)z Lauderdale Lakes 27,870 0.525392% 26,795 35,727
13 Lauderhill 50,596 0.953812% 48,644 64,859
11 Lazy Lake 35 0.000660% 34 45
I5 Lighthouse Point 10,645 0.200675% 10,234 13,646
h Margate 50,727 0.956282% 48,770 65,027
oMiramar 54,583 1.028973% 52,478 69,970
,b-North Lauderdale 29,903 0.563717% 28,750 38,333
l+Oakland Park 28,236 0.532292% 27,147 36,196
L'Parkland 13,219 0.249198% 12,709 16,945
L� Pembroke Park 4,784 0.090186% 4,599 6,133
Zz-Pembroke Pines 120,091 2.263900% 115,459 153,945
is Plantation 80,434 1.516304% 77,332 103,109
-t Pompano Beach 74,403 1.402611% 71,533 95,378
'Ls-Sea Ranch Lakes 616 0.011613% 592 790
ZLSouthwest Ranches 8,243 0.155393% 7,925 10,567
z7 Sunrise 78,413 1.478205% 75,388 100,518
t'Tamarac 52,413 0.988066% 50,391 67,188
L'Weston 42,522 0.801605% 40,882 54,509
Wilton Manors 11,795 0.222354% 11,340 15,120
Total 1,379,198 26.000000% 1,326,000 1,768,000
Unincorporated Area 111,091
Total County 1,490,289
* Adjustments were made for annexation effective September 15,1999 and for the new
town of Southwest Ranches.
** Estimated revenues from the additional penny is$6.8 million
BROWARD COUN►Y
Broward County Commission o Community Services Department o Mass Transit Division 8/00
VYUTTtTT .. .L
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER
THIS CERTIFICATE DOES NOT AMEND.EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW
NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES
COMPANY
LETTER A
COMPANY
LETTER B
COMPANY
NAME AND ADDRESS OF INSURED LETTER C
COMPANY
LETTER D
COMPANY
LETTER E
This Is to centy that pckies of insurance fisted below have been Issued to the Insured named above and are In force at this time.Notwlhs'anding any requirement,term or condition
Of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the pofcies described herein is subject to all the
terms,exclusions and conditions of such Policies.
POLICY Limits of Liabili in Thousands(000
COMPANY EXPIRATION EACH
LETTER TYPE OF INSURANCE POLICY NUMBER DATE OCCURRENCE AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM BODILY INJURY S $
REMISES-OPERATIONS
EXPLOSION d COLLAPSE :-PROPERTY.DAMAGE S $
tuzaa0
UNDERGROUND HAZARO
PRODl1CTS1 COMPLETED BODILY INJURY AND �«7�OPERATIONSHAWD PROPERTY DAMAGE $ /(/0 pC i7
0 C7
HCOWRACTUAL INSURANCE COMBINED
BROAD FORM PROPERTY
DAMAGE
DEPENDENT CONTRACTORS
PERSONAL INJURY
GARAGE /�Q �T�TU.r.0 PERSONAL INJURY S
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON) $ /
COMPREHENSIVE FORM BODILY INJURY
VNED (EACH ACCIDENT) $ /
HIRED PROPERTY DAMAGE $
NON-OWNED BODILY INJURY AND /
PROPERTY DAMAGE $ ��
COMBINED
EXCESS LIABILITY
UMBRELLA FORM BODILY INJURY AND
OTHER THAN UMBRELLA PROPERTY DAMAGE $ $
FORM COMBINED
WORKERS'COMPENSATION STATUTORY
and
EMPLOYERS'LIABILITY // $ (E"G^cc°E m
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
** -CERTIFICATE MUST SHOW(ON GENERAL LIABILITY ONLY)
ADDITIONAL INSURED:BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS,BROWARD COUNTY,FLORIDA
-CERTIFICATE MUST BE SIGNED AND ALL APPLICABLE DEDUCTIBLES SHOWN
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail
Thirty(30) days written notice to the below named certificate holder.
DATE ISSUED:
NAME AND ADDRESS OF CERTIFICATE HOLDER
Broward County Board of County Commissioners
115 South Andrews Avenue AUTHORIZED REPRESENTATIVE
Ft Lauderdale,FL 33301
�- BY: i
ATTN:Purchasing Division,Room 212 Mary/M . Meister,, CPI W
RE:BID# PROJECT# DATE:
c --r L
AGENDA REQUEST FORM
CITY OF DANIA BEACH
To: Administrative Services Department. a
Prepared By: Jason Munemaker Date: 9/07/00
---------------------------------------------------------------------------------------------------------------------------------
Please complete the following items related to your agenda request.
1. Date of Commission meeting: 9/12100
2. Title: Interlocal Agreement with Broward County for Public Transportation Services:
Community Shuttle Bus Service
3. Commission action requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
4. Summary explanation & background:
Staff has renegotiated the transportation services agreement that was formerly implemented
through the South Florida Trolley Company and the South Florida Tourism Council. The priority
has shifted from tourism to residential destinations. The County will lease two (2) buses, eighteen
(18) passenger, for$10.00 per vehicle per year for a term of three (3) years. The City will be
compensated for providing this service with a flat fee of$5000.00 for the period October 1, 2000
through December 31, 2000. Beginning January 1, 2001, the City will be compensated at a rate
of Twenty Dollars ($20.00) per hour, per vehicle. A proposed route is attached to the agreement
as Exhibit"A". The proposed route may be modified prior to implementation.
5.Attached Exhibits (please list):
1. Interlocal Agreement
6. List Additional Backup Materials Provided:
1. Memo from Assistant to the City Manager
2. One-Cent Gas Tax Distribution for Transit(By City)
7. For purchasing requests only: Fund Dept.
Account name: Account#:
Finance Director Approval
8. Reviewed and approved:
Department Director Date
ry. WNW
• s
r FLORIDA
INTEROFFICE MEMORANDUM
TO: MIKE SMITH
FROM: JASON NUNEMAKER
SUBJECT: PUBLIC TRANS ATION SERVICES
DATE: 9/7/00
CC: MARIE JABALEE
Recommendation:
Staff recommends that the City of Dania Beach contract with Browa.rd County for the
implementation of a community bus shuttle service providing for two (t)shuttles and three
(3) routes as specified in Exhibit "A".
Background:
Staff has renegotiated the transportation services agreement that was formerly implemented through
the South Florida Trolley Company and the South Florida Tourism Council.The priority has shifted
from tourism to residential destinations.A proposed route is attached that services east and west
sections of the city and the beach with a twenty(20)minute interval. The rou,-e may be modified
prior to implementation based on Commission priorities;however,it is not recommended that the
service intervals exceed thirty (30) minutes.
The County will lease two(2) buses,eighteen(18)passenger AD accessible,per year for a term of
three(3)years.The City will be compensated for providing this service with a flat fee of$5000.00 for
the period October 1,2000 through December 31,2000.Beginning January 1,2001,the City will be
compensated at a rate of Twenty Dollars ($20.00) per hour, per vehicle.
Preliminary costs estimates are based on initial conversations with vendors willing to provide turnkey
services (i.e. subcontractor to provide drivers, maintenance, gas, insurance, compliance with all
county requirements).The preliminary figure staff has received is$26.50/hour of operation.Based
on this figure and assuming forty (40) hours of operation for each bud per week the total cost of
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
annual implementation would be$110,240.00 offset with county revenues of$83,200.00 for a total
cost to the city of$27,040.00. Projected revenues from the One-Sent Gas Tax further offset this
cost. The nine-month revenue project for FY 2001 is $17,767.00 and the twelve-month revenue
projection for FY 2002 is $23,690.00. Thereby further reducing the city's cost for project
implementation.
2
BROWARD COUNTY
0 0
FY 2001 Estimated Estimated
University FY 2001 FY 2001 FY 2002
City of Florida Percent Revenues Revenues
Population* Share (9 months)** (full year)**
Coconut Creek 39,554 0.745654% 38,028 50,704
z Cooper City 28,730 0.541605% 27,662 36,829
3 Coral Springs 111,724 2.106170% 107,415 143,220
I Dania Beach 18,480 0.348376% 17,767 23,690
s Davie 67,529 1.273025% 64,924 86,566
6 Deerfield Beach 59,964 1.130413% 57,651 76,868
Fort Lauderdale 148,971 2.808332% 143,225 190,967
v Hallandale 31,504 0.593899% 30,289 40,385
t Hillsboro Beach 1,756 0.033103% 1,688 2,251
/7 Hoilywood 127,660 2.406587% 122,736 163,648
ii Lauderdale-by-the-Sea 3,798 0.071598% 3,651 4,869
iz Lauderdale Lakes 27,870 0.525392% 26,795 35,727
13 Lauderhill 50,596 0.953812% 48,644 64,859
14 Lazy Lake 35 0.000660% 34 45
is Lighthouse Point 10,645 0.200675% 10,234 13,646
IL Margate 50,727 0.956282% 48,770 65,027
oMiramar 54,583 1.028973% 52,478 69,970
-a North Lauderdale 29,903 0.563717% 28,750 38,333
l+Oakland Park 28,236 0.532292% 27,147 36,196
L'Parkland 13,219 0.249198% 12,709 16,945
41 Pembroke Park 4,784 0.090186% 4,599 6,133
Lz-Pembroke Pines 120;091 2.263900% 115,459 153,945
-Li Plantation 80,434 1.516304% 77,332 103,109
L,t Pompano Beach 74,403 1 A02611% 71,533 95,378
zs-Sea Ranch Lakes 616 0.011613% 592 790
ztSouthwest Ranches 8,243 0.155393% 7,925 10,567
L'Sunrise 78,413 1.478205% 75,388 100,518
L".-Tamarac 52,413 0.988066% 50,391 67,188
L'Weston 42,522 0.801605% 40,882 54,509
Wilton Manors 11,795 0.222354% 11,340 15,120
Total 1,379,198 26.000000% 1,326,000 1,768,000
Unincorporated Area 111,091
Total County 1,490,289
* Adjustments were made for annexation effective September 15,1999 and for the new
town of Southwest Ranches.
** Estimated revenues from the additional penny is$6.8 million
BRDWARD COUNTY
Broward County Commission • Community Services Department Mass Transit Division