Loading...
HomeMy WebLinkAboutR-2000-199 RESOLUTION NO. 2000-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE THREE (3) YEAR AGREEMENT WITH A- PLUS TRANSPORTATION, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA;' Section 1. That the Agreement between A-Plus Transportation Inc. and the City of Dania Beach for public transportation services, in substantial form as attached, is approved and the appropriate city officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests ® of the City. Such Agreement shall not be deemed accepted by the City unless and until the City has completed its execution of the Agreement. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 12t" day of December, 2000. AYOR - COMMIS, NER 1 RESOLUTION NO. 2000-199 ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO-YES -SHERYL dHAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING- YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: �- l7H0,KAAS J. 1SBR CITY ATTOIINEY 2 RESOLUTION NO. 2000-199 AGREEMENT This is an Agreement, entered into on 2001, between THE CITY OF DANIA BEACH, a municipal corporation of the State of Florida, called the "City" and A-PLUS TRANSPORTATION, INC., a Florida corporation, called the "Contractor." This Agreement contains terms and conditions under which the Contractor shall furnish all services necessary for certain public transportation services desired by the City. IN CONSIDERATION of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are acknowledged, the parties, intending to be legally bound, agree as follows: SECTION ONE DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - means this document, Sections 1 through 15, inclusive. Other terms and conditions are included in exhibits and documents and they are expressly incorporated by reference. 1.2 City - The City of Dania Beach, a municipal corporation of the state of Florida. 1.3 Count - Broward County, a political subdivision of the state of Florida. 1.4 Contractor—A-Plus Transportation, Inc., a Florida corporation. SECTION TWO CONTRACTOR'S SERVICES 2.1 Contractor agrees to provide all services necessary for the day to day management, operation and maintenance of the public transportation services described below. 2.2 Contractor shall provide free fare public transportation services (until such time as City determines a fare to be appropriate), within the City at the locations and according to schedules as stated in the Agreement between Broward County and the City of Dania Beach, a copy of which is attached to this Agreement and incorporated by this reference as Exhibit"A." Contractor shall comply with every term, condition, duty and obligation set forth in Exhibit "A", including all attached exhibits to the Agreement. 2.3 The established service shall be on a fixed route basis with designated intermediate stops, consisting of a minimum of forty (40) hours per week and a minimum of five (5) days per week; provided, however, that the minimum hours of operation shall be reduced by eight (8) hours during any week in which a legal holiday is recognized by the City on a weekday. The public transportation service shall connect with regular County bus routes, as set forth in Exhibit "A." 2.4 Beginning June 1, 2001, City and Contractor shall maintain a minimum average of five (5) passengers per hour of operation on each route operated by the City and Contractor. In the event that City and Contractor do not maintain such minimum average of ® -2- passengers, County shall assist City and Contractor in their efforts to increase ridership, which may include modification of the route, as set forth in Exhibit "A." ® -3- 2.5 Contractor shall comply will all applicable requirements of the Americans with Disabilities Act (ADA) at all times while the vehicles provided herein are being utilized for public transportation and while utilizing any and all routes approved in this Agreement. To the extent that any terms of this Agreement are inconsistent with the ADA, the requirements of the ADA shall control. 2.6 Contractor shall at all times during this Agreement comply with the requirements of Broward County Ordinance No. 92-8, pertaining to the maintenance of a Drug Free Work Place Program. 2.7 Insofar as possible, scheduled service shall be coordinated with existing County bus service. It is the intent of the parties that City's scheduled service shall not duplicate existing County bus service. 2.8 Contractor shall maintain certain records of information and data in the format prescribed by the County, shall furnish such records to the County on a monthly basis, and shall furnish copies of such records to the City on a monthly basis. 2.9 Contractor shall, at all times, have and maintain in proper working order a dedicated Telecommunications Device for the Deaf (TTY) number. 2.10 Contractor shall at all times during this Agreement comply with all applicable requirements of the United States Department of Transportation and the Federal Transit Administration, which shall include, but not be limited to, regulations for drug and alcohol testing. To the extent that any terms of this Agreement are inconsistent with the United -4- ® States Department of Transportation regulations, the requirements of the United States Department of Transportation shall control. 2.11 Contractor agrees that throughout the term of this Agreement that the Broward County Transit (BCT) logo, City identification and the County assigned identification number shall be conspicuously displayed on the rear of the vehicles at all times. 2.12 Contractor agrees that, subject to County approval, should City derive advertising revenues from advertisements displayed on the vehicles, Contractor shall not obtain any revenues from such advertisements. SECTION THREE CITY'S SERVICES 3.1 City shall review all policies established by the Contractor relative to the public ® transportation services. 3.2 City shall review the service planning, including adjustments to routes, schedules and such other factors that affect the quality of service provided. City shall have the right to require reasonable adjustments to the routes specified in this Agreement and Contractor agrees to comply with such adjustments in the routes, as set forth in Exhibit"A". 3.3 City shall provide Contractor with bus route timetables prepared by Broward County Mass Transit Division sufficient to inform City and County residents, visitors and passengers of service to be made available. 3.4 City, in coordination with County, shall be responsible for designation of transit stops and Contractor shall only use such stops for the authorized route(s). -5- is 3.5 City shall hold the funds distributed by Broward County to support the public transportation service and remit the applicable amount of such funds monthly to Contractor as they become due. 3.6 City shall lease to Contractor two(2)wheelchair accessible, passenger vehicles, obtained from the County, to be used in regular route service. Such vehicles shall comply with the ADA and all applicable federal and state regulations. The vehicles shall be leased to the Contractor for Ten Dollars ($10.00) each per year. Prior to the acceptance of the vehicles by Contractor, Contractor, at its own cost, shall have the right to inspect, or cause to be inspected, the vehicles by a mechanic designated by the Contractor. 3.7 City shall, if provided to City by County, provide to Contractor the manufacturer's warranties and maintenance shop manuals. SECTION FOUR PERFORMANCE STANDARDS 4.1 The public transportation service described in this Agreement must begin operations no later than January 1, 2001, and such service shall run according to the schedule set forth in Exhibit A. The schedule shall be followed unless otherwise agreed upon in writing by the parties. 4.2 Contractor shall complete one hundred percent of all scheduled trips on a daily basis, subject to delays which are attributable to vehicular accidents and mechanical failure which does not arise due to Contractor's failure to properly maintain the vehicles. ® -6- SECTION FIVE PERSONNEL REQUIREMENTS 5.1 Contractor shall designate a Project Manager who will oversee the complete operation of the public transportation service and who will serve as day to day liaison with the City. 5.2 Vehicle chauffeurs employed by Contractor during the term of this Agreement shall be properly licensed operators. The vehicle chauffeurs shall possess the qualifications as required by the State of Florida and the County. The vehicle chauffeurs shall be required to attend and successfully complete the County's training program prior to operating the vehicles. ® SECTION SIX CONDITION AND MAINTENANCE OF THE VEHICLES 6.1 Vehicles shall be maintained in good condition, both operationally and in their appearance, and in accordance with the County's requirements. All vehicles and required equipment shall be kept in good repair and condition, satisfactory to the City. 6.2 Contractor shall maintain the vehicles in accordance with manufacturer's standards. SECTION SEVEN RECORD KEEPING REPORTING AND AUDITING -7- 7.1 Contractor shall be required to maintain all project records as requested by the City. Contractor shall permit authorized representatives of City to examine all data and records related to the project or according to the scheduled reporting periods. 7.2 Contractor shall record on a daily basis and report weekly to the City all disruptions in service, late service, vehicle breakdowns, accidents, vehicles out of service/commission and any other incident affecting service. 7.3 Contractor's Project Manager shall also document passenger complaints and describe any actions taken to resolve such complaints on a weekly basis. Contractor agrees to submit copies of such documentation to City on a weekly basis. 7.4 Contractor's Project Manager shall provide accurate reports on ridership by route and by trip to the City on a monthly basis. 7.5 Records shall be maintained by Contractor. These records shall show details of transactions pertaining to the management, maintenance and operation of the service and all books, accounts and records shall be available for inspection by the City upon demand. SECTION EIGHT PRE-SERVICE REQUIREMENTS The following items shall be delivered to the City by Contractor at least two days prior to the start of the service and are subject to approval by the City: 8.1 An operations manual for the public transportation service which documents all operational procedures and policies, including but not limited to the following: (a) Vehicle operating procedures; (b) Communications operating procedures; (c) Driver conduct rules and regulations; -8- (d) Safety procedures; ® (e) Accident procedures; (f) Administration and reporting procedures; (g) Other operating procedures and policies as required for proper operation of the service. 8.2 Job description for drivers' administrative personnel. 8.3 Maintenance procedures for all vehicles. 8.4 Final system schedules. 8.5 Training procedures for vehicle drivers. SECTION NINE TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on , 2001 and shall remain in effect for a term of three (3) years. The City is under no obligation to extend or renew this iAgreement after its expiration. However, the term may be extended for up to two (2) additional one (1) year periods upon mutual written agreement. SECTION TEN TERMINATION 10.1 This Agreement may be terminated for cause upon seven (7) days written notice by the party that elected to terminate, if the party in breach has not corrected the cause within seven (7)days after written notice, which notice must identify the cause. This Agreement may also be terminated for convenience by action of the City upon not less than ten (10) days written notice by the City to the Contractor. 10.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the services, failure to continuously perform the services in a • -9- manner calculated to meet or accomplish the objectives of the City as set forth in this Agreement, failure to protect the public health, safety or welfare, as determined solely by City in the reasonable exercise of its discretion, or breach of any of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 10.3 Notice of termination shall be provided in accordance with the"Notices"section of this Agreement except that notice of termination by the City Manager which the City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the"Notices"section of this Agreement. 10.4 In the event this Agreement is terminated for cause or convenience, the monies paid by the City shall be prorated on a daily basis to the date the Agreement is ® terminated. Upon being notified of City's election to terminate, Contractor shall refrain from performing further services under the terms of this Agreement. However, upon being notified of City's election to terminate, Contractor acknowledges and agrees that $10.00 compensation paid by City, the adequacy of which is acknowledged by Contractor, is given as specific and full consideration to Contractor for City's right to terminate this Agreement for cause or convenience. 10.5 In the event this Agreement is terminated, any compensation payable by City shall be withheld until all documents are provided to City pursuant to Section Two and Section Seven of this Agreement. 10.6 Upon termination of this Agreement for whatever reason, Contractor shall return the vehicles leased herein to the City. Contractor shall return the vehicles to City in -10- the condition they were received at the onset of this Agreement, normal wear and tear excepted. The Contractor's obligation to return the vehicles to the City in the condition they were received shall include the removal of any painting or wrapping of the vehicles for advertisement purposes. Any costs necessary to restore or prepare the vehicles for return to City shall be the sole responsibility of the Contractor. City shall have the right to inspect and to approve the condition of each vehicle prior to acceptance and should the City determine that the vehicles are not in the proper condition, Contractor shall at its sole cost and expense remedy any and all deficiencies identified by the City. SECTION ELEVEN NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. Notice shall be deemed given on the day on which personally served, or if by mail, on the date of actual receipt. The place for giving notice shall remain the same as set forth in this Agreement until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City of Dania Beach: Mr. Mike Smith City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a Copy to: Is -11- Thomas J. Ansbro, City Attorney 3107 Stirling Rd., Suite 301 Ft. Lauderdale, FL 33312 For Broward County: (courtesy copies of notices) Director of Mass Transit Division Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069 For A-Plus Transportation, Inc.: Mr. Carl Myers 3419 West Broward Blvd. Ft. Lauderdale, Florida 33312 SECTION TWELVE INDEMNIFICATION 12.1 As to City: Contractor agrees to indemnify, reimburse, defend and hold harmless the City and, at City's option, defend or pay for an attorney selected by the City to defend the City and City's officers, agents and employees for, from and against all claims, actions or causes of actions, losses, damages, liabilities, costs and expenses, including reasonable costs, attorneys' and paralegals' fees, imposed on or incurred by the City in connection with any and all loss of life, bodily injury, personal injury and damage to property which arises or relates, directly or indirectly, to the Contractor's use of any vehicle provided for in this Agreement and the Contractor's performance of the services set forth in this Agreement. To the extent considered necessary by the City, any sums due City under this Agreement may be retained by City until all of City's claims for indemnification, ® -12- pursuant to this Agreement, have been settled or otherwise resolved and any amount withheld shall not be subject to payment of interest by City. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by City. Nothing in this Agreement shall be construed as consent by the City to be sued by third parties in any matter arising out of this Agreement or any other contract. 12.2 As to County: Contractor agrees to indemnify and hold harmless the County and County's officers, agents, and employees as prescribed in Exhibit "A". SECTION THIRTEEN INSURANCE 13.1 Insurance: The Contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, insurance of the types and amounts as set forth ® in Exhibit"C", attached to the Agreement between Broward County and Dania Beach, and shall name the City and the County as "additional named insureds." SECTION FOURTEEN PAYMENT In return for services provided by Contractor and specified in this Agreement, the City agrees to pay Contractor Twenty-eight Dollars ($28.00) per hour, per vehicle in operation. The funds shall be used by Contractor solely for the purpose of maintaining, operating and properly equipping the vehicles, and City shall not be responsible for payment of any other monies to Contractor under this Agreement. ARTICLE FIFTEEN -13- MISCELLANEOUS 15.1 Assiqnment and Performance: Neither this Agreement nor any interest in it shall be assigned, transferred or encumbered by either party. The Contractor represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education or a combination of the foregoing, to adequately and competently perform the duties, obligations and services set forth in this Agreement and to provide and perform such services to the City's satisfaction. The Contractor shall perform its duties, obligations and services under this Agreement in a skillful and respectable manner. The quality of the Contractor's performance shall be comparable to the best local and national standards. ® 15.2 Waiver of Breach and Materiality: Failure by the City to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. The City and the Contractor agree that each requirement, duty and obligation set forth in this Agreement is substantial and important to the formation of this Agreement and, therefore, is a material term of this Agreement. 15.3 Compliance With Laws: The City and the Contractor shall comply with all federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities and obligations related to this Agreement. ® -14- • 15.4 Nondiscrimination: The Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, gender, sexual orientation, age, national origin, political affiliation or disability and will take affirmative steps to ensure that applicants are employed and employees are treated'during employment without regard to race, color, religion, gender, sexual orientation, age, national origin, political affiliation or disability. This provision shall include, but not be limited to, the following: layoff or termination; rates of pay or other forms of compensation; terms and conditions of employment, selection for training, including apprenticeships and accessibility. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual ® orientation (Broward County Code, Chapter 161/2), 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. Contractor shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16 Y2) in performing any services pursuant to this Agreement. 15.5 Severance: In the event this Agreement or any portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the City or the Contractor elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. -15- ® 15.6 Priority of Provisions: If there is a conflict or inconsistency between any term, statement, requirement or provision of Exhibit "A" attached to this Agreement, any document or events referred to in this Agreement, or any document incorporated into this Agreement by reference and a term, statement, requirement or provision of this Agreement, the term, statement, requirement or provision contained in Articles 1 through 15 of this Agreement shall prevail and be given effect, provided, however, Exhibit "A" provisions shall prevail in all respects as to Contractor's duties and obligations. 15.7 Applicable Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 15.8 Amendments: No modification, amendment or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and the Contractor. 15.9 Prior Agreements: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. • -16- 15.10 Incorporation by Reference: The attached Exhibit"A" is incorporated into and made a part of this Agreement. Pursuant to the provisions appearing in Exhibit"A", when any obligation or duty in that document is one which is related to the public transportation service, Contractor agrees to fully comply with each and every such obligation and duty for and on behalf of the City. • -17- IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be signed b its Mayor-Commissioner, City Manager, attested b the City I g y y y g y y Clerk with the corporate seal of the City of Dania Beach, and the Contractor has executed this Agreement effective as of the date set forth above. CITY OF DANIA BEACH, FLORIDA ATTEST: BY: Mayor- o issiora BY: L c— BY: Sheryl Chapman, Acting City Clerk Micha lirl, i y Manager APPROVED AS TO LEGAL SUFFICIENCY: BY: TdorvU J. insbro, C' y Attorney -18- CONTRACTOR: A-PLUS TRANSPORTATION, INC. CORPORATE SEAL: By: _6��Z (IF APPLICABLE) Print Name: 0 Title: �n STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized by law to administe oaths and take acknowledgments, personally appeared �(, F_ V S , as 4 K5K A EXE of Contractor,A-PLUS TRANSPORTATION, INC., a Florida corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument's t e act and deed of the Contractor. is personally known to me or has produced as identific tion and did (did not) take an oath. ® IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on / 2001. MY COMMISSION EXPIRES: CHARL.ENE KAYE joHNSN Notary Public, Sta o orida at 1-arge Ivry Public,Sate of Fbft MY comm.ev.kvw 1Z Comm. No.CC 059 ® -19- RESOLUTION NO. 2000-137 ® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A THREE (3) YEAR AGREEMENT WITH 13ROWARD 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. EXHIBIT "All PASSED AND ADOPTED this 12th day of September, 2000. l YOR - COMMI NER 1 RESOLUTION NO. 2000-137 ATTEST: ROLL CALL: MAYOR McELYEA- YES �" VICE-MAYOR BERTINO- YES SHERYL CH P AN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING- YES APPROVED AS TO F RM /AND CORRECTNESS: COMMISSIONER MIKES- YES BY: / THOMA J. ANSBRO CITY ATTORNEY • 2 RESOLUTION NO. 2000-137 INTERLOCAL AGREEMENT Between BROWARD COUNTY and ® CITY OF DANIA BE ACH for PUBLIC TRANSPORTATION SERVICES EXHIBIT "All AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for PUBLIC TRANSPORTATION SERVICES This is an Agreement, made and entered into by and between. BROW COUNTY, a political subdivision of the state of Florida, hereinafter r ARD "COUNTY, referred to as 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 supplemented to serve a greater number of people in CITY; and COUNTY need to be 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 residents of CITY is needed; andto 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 ublic trans shall not duplicate the existing mass transit system in COUNTY; and p t WHEREAS, COUNTY and CITY are willing to share the responsibilities expense of providing an alternative form of public transit in CITY; NOW,THEREFORE,d 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. 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 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 aver passengers per revenue hour on each route operated by the City. f 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 contractor route timetables or other transit information to any issue COUNTY bus such material. Y passenger requesting 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 Disabilities Act (ADA) at all times while the vehicles Americans with ided herin 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 accordance with 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 shalt 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 ($10.00) each per year. Prior to the acceptance of the vehicle(s) by CITY, CITY, at its own cost, shall have the right to inspect, or cause to be inspected, the vehicle(s) by a mechanic designated by the CITY. 2.2.2 COUNTY shall provide the manufacturer's warranties and maintenance shop manuals to the CITY. 2.2.3 COUNTY shall provide CITY with sufficient bus stop signs and sign posts to cover the route described in Exhibit A. Bus stop sign installation must complywith Roadway and Traffic Design Standards Index#11865,published by the Florida Department of Transportation. In the event, CITY desires to -4- supply its own signage at its own expense, such signage must be approved by COUNTY. 2.3 TECHNICAL ASSISTANCE 2.3.1 COUNTY shall provide vehicle chauffeurs hired by CITY or its contractors with training in passenger relations, rules of the road, and transit system information. All vehicle chauffeurs shall be required to attend and successfully complete the COUNTY$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 schedulin of public transit routing that CITY might request. g .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 additional one(1)year periods upon written approval he Conact Administrator, 90 days prior to the expiration of the then cur ent to 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 his -5- Agreement from the date of execution until December 1, 2001, COUNTY agrees to 31, 2000. Beginning January vehicle in revenue service for the remaining� WeetY Dollars ($20.00 addressed herein shall be used b m of the Agreement. Theufu per operating, and proper! equipping y CITY solely for the purpose of maintaining, Y q pping 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, of Services must be accomplished by a written amendment executed to the Scope in accordance with Section 9.13 below. executed by the parties 5.2 Any appreciable changes in the level of services as Administrator's sole discretion, to be Provided by CITY as sett forth by the Contract hall be implemented after COUNTY and CITY have entered into a Nothing o by agreement only mo describing the changed services. herein agreemg in this Agreement precludes the Possibility of COUNTY once again Providing public transportation services if ridership levels warrant expanded se ® 5.3 The parties agree to renegotiate this Agreement laws or revisions of said laws make ch g �'applicable Agreement e federal, state, or local desirable, as determined by the Contract Administrator. g ment necessary or RTICLE 6 INDEMNIFICATION AGOVERNMENT AL IMMUNITY 6.1 CITY is a state agency or political subdivision as defined i Statutes, and agrees to be fully responsible for acts and Omissionster 768.28, Florida employees to the extent permitted by law. Nothingher • of its agents s a waiver of sovereign immunity by an herein is intended to serve as applicable. Nothing herein shall be construed ash consent ch sovereign ai immunity may be Political subdivision of the state of Florida to be sued by third parties arising out of this Agreement or any other y state agency or p in any matter contract. ARTICLE C INSURANCE The parties hereto acknowledge that CITY is a self-insured ov the limitations of Section 768.28, Florida Statutes. The CITY shall ins ttitt entity subject insute and maintaito n -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. Insu�: 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 Contract Administrator. This Agreement may also eterminated ttby 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 y 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 t his 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" se ction of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safet or welfare may be verbal notice which shall be promptly confirmed in wr i tmy g 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 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 orwrapping 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. p COUNTY, through its Maintenance Transit Manager, shall have the right to ins ect 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. ART`ICLE 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 re any y ports, photographs, S P , -8- surveys, and other data and documents prepared by CITY, whether unfinished, shall become the property of COUNTY and shall be delivered b inished or to the Contract Administrator. y CITY 9.2 AUDIT RIGHT AND RETENTION OF RECORDS -COUNTY shall have the right to audit the books, records, and accounts of CITY shall keep such books, records, and accounts as may be necessaryin CITY. to record complete and correct entries related to the Project. order CITY shall preserve and make available, at reasonable times for examination audit by COUNTY, all financial records, supporting documents, statistical recoand 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, on if the Florida Public Records Act is not applicable, for a minimum period of three or, -years after termination of this Agreement. If any audit has been initiated andaudit) findings have not been resolved at the end of the retention period or three 3 ears, whichever is longer, the books, records, and accounts shall be retained 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 Y 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 e's disallowance and recovery of any payment upon such entry. COUNTY's ry 9.3 NONDISCRIMINATION CITY agrees that it will not discriminate against any employee or applicant for employment forwork underthis 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 treat during employment without regard to race, color, religion ed xual 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 even that CITY contracts with a third party for this service, such third party's Affirmativ Action Policy shall be furnished to COUNTY. e 9.4 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided b p Y -9- CITY shall be subject to the supervision of CITY, and such services shall no t be provided by CITY or its agents as officers, employees, or agents of the COUNTY The parties expressly acknowledge . any third person or entity under this Agreement. their intent to create any rights in 9.5 NO_ TILES Whenever either party desires to give notice to the other, such notice must writing, sent by certified United States Mail a be i receipt requested, or by hand-delivery with a request gfor pa pwritten return rece ptof herein until changed in writing in the manner provided in this section acknowledgment of delivery, addressed to the party for whom it is intended at t of place last specified. The place for giving notice shall remain the same as set fo. rth present, the parties designate the following: For the -FOR BROWARD COUNTY: Director of Mass Transit Division Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069 FOR 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 Agreemnt 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 40 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 MATERI ALITy 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 an breach of a provision of this Agreement shall not be deemed a waiver of y subsequent breach and shall not be construed to be a modification of the terms o this Agreement. f 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. nd 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 this Agreement. d to 9.9 SEVERANCE In the event this Agreement or a portion of this Agreement is found competent jurisdiction to be invalid, the remainin by a court of continue to b effective unless COUNTY or CITY elects to terminate this Agreemelnt. 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 governed by the laws of the state of Florida,construed in accordance Agreement shall be in Bolward County, with and Venue for litigation concerning this 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, herein and the parties agree that there are pplicableto the matters contai understandings concernin no commitments, agreements n or contained in this document. the subject matter of this Agreement that are not Accordingly, the parties agree that no deviation from Whether oral or written. any prior representations or agreements, It is further agreed that no modification, amendment alteration in the terms or conditions contained herein shall be effective unle or contained in a written document in accordance with Section 9.13 above. ss 9.15 INCORPORATION BY REFERENCE The truth and accuracy of each " by the parties. whereas"clause set forth above is acknowledged p The attached Exhibits "A"and "B," are incorporated a part of this Agreement. g d porated into and made 9.16 MULTIPLE ORIGINALS This Agreement may be executed in fi to be an original. Ve 0)copies, each of which shall be deemed [Intentionally Left Blank] -12- IN WITNESS WHEREOF, the parties hereto have made and executed this Intedocal • 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 Broward County Administrator, as By Ex-officio Clerk of the Broward County , Chair Board of County Commissioners Approved as to form by EDWARD A. DION, County Attorney for Broward County, Florida Govemmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier. (954) 357-6968 By CAROL S. WOLFF Assistant County Attomey -13- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND BEACH FOR PUBLIC TRANSPORTATION SERVICES CITY OF DANIA CITY Approved by Resolution No.2 U_13 7 Dated September__ 1.2_ 2000 ATTEST: CITY OF DANIA BEACH BY ; By a C• McElyea Acting City Clerk , Sheryl Chapman Mich it , City Manager This 12t Of ep mbar , 2000 Approved as to legal orm: By V om s A bro City Attomey CSW.sl combus.dan2 00-114.08 7/26/00 -14- EXHIBIT "A" 11VHA110 rn � rnrn mrn HOV38 VINVO ® �' (n °' °' °) Im M °f m o (� r M r CO r 0) rr m ^ M r C.) S3A1Y.UV ^ N 0i0io0 O 96-1 IV dOOI CO � W J X18d aNVaJ of 0) 0 oC43 m Q_1: r' ^ rr rT rr NN C9eO et '� �Q �} VZVId 0000 00 00 00 00 00 00 OS 400AANVO ^ M ^ M '- �'? ^ �;) .- c7 .- co r e') r CO 1S() S3AV37 rn rn o o .^- rN-• r ^ *' N N C7 M e7 •� VZVId rnrnrnrn Q 0 CA Q) CA 0 CA 0 Q) Qf CA CA CA N O S a OO/IN1 VO •• 0 N 0 N O N O N O N O N O N O N J $3A/�HIy 00i00 : T NN rr CM cm CO CO eta o. *- p 0 56-1 1V dOOI O N O co O O F N O N O N O N O N O N cn XladaNbaJ rnrnoo r � NN .- ,- CM Cm ery Z W C r r C;,i 00 W �o 11VHA110 000o po w y o0 oo Oo 00 00 U H0V38VNIV4 ONON ON ON ON ON ON ON �pQ S3AV37 0 � 00 Tr NN rr NN aico > N r r cr W 1lVHoUlO O HOV38 VINVa ® w^ 1° ` r i i r S�AIFlt lV m � Qi O O T ^ r Ofr r CV N lO U) et W 00 'IS O4 '3'S > � in � r � r � � � � � ^ efet et W J T'3Ad t�'3'S 6; 6i o o O *' !n W ,_ - ^ N N r r N NCO CO et _ '1S NVa11J3HS o 0 0 _ 0 0 00 00 O)} ^ 0 o xnand oiaio o Ur LO � r w � o � U S3AV37 r r cm ^ ^ N NCO CO et et 4 NVala3HS co co co o 00 co co Go o 0 0 o O o 0 o --- -- -� ---_.�C178f)d-® -a9-8i.a_- o 4 Ro q S3AltItlV .. .. _.._.. .._.... ^ .- ^ ^ r -Tr` - *:. Cy O�a OOO OO OO too oO Ouo OW oO 1S O 4 '3'S o er o v o v o er o a O -w v U V'3AV E'3'S C) of o er O OQ ^ � ^ � V- VN.. r rN NM M etW co 11VHA110 000 0o w LU ~� OetO .gyp 00 00 00 00 00 OU c�w H0V38 VINVO et, o et ov, o v o 4Qi c=n S3AV37 �' °) o r '- '" N N ri ih it er w 11VH A110 Z Co 0 o co co co co co co Go coGoco co co coHOV38 VINVO w qi O 0 tocr) °) of oc In o c! c� o coo cn S3A/HtlV m w CM CM rr NN C'OC7 Ott W CONaVd a3laV ® > co O c*) i co La cis c n O= W Win 00 T M N :- .- N N eYi ei et et Z •- r O yv 1NvkinViS3H O00 00 00 00 00 00 00 00 cc a31d VINVO ® vi oOi o O q+ qn Ch r) w M o in in z o kol S3AV37 r CM +- *- CM N cO co et er 30 aum = 1NVaf1V1S3a O o 0 o co co o o 0 0 o o o 0 o o M a a31d VINVO ® Net N IV N At N �! N �t Net N et Net F=N 0 S3Al!!HV °' °' 66 N N �- ,= N N C9 Cri v er p FW- 2 NaVda31aV ® CCY Ift CM It AS CMO cm Nv Nv N � Nv N � LL0 U ^ r ^ ^ r r r N N CO (O et et L Z o0W ui lIVHAllO o0 00 Oo 00 00 00 00 00 cc m HOV38 VINVO qk ® Net N .T Net Net Net N V W r OCA 00 rr N N et m W O S3AV37 ^ r r no zm i 4! P� tt{){ •r T A i e. a 4 �. 3 4 � C f dt�' e a dam+•"= -4�"�+��.':.=.:. � � �[ '� a 'Y y' � ���.�.�zq.+& a'a' � � S W�• - 77, rq 5 i. ' Lu a 4 * Y 4L 3 fO i.■ ..•"art ` ,< - a da x YR � �rE z z F L g � �� t� �.y."�s`�� � ^�3., �. �p u; �„ r t ss{s w •. 74rt�"� k7 MIST ,�. »K. oli ����:' �� t*-� �a. o�+s g�`rydv�^ B` a' �� Z•t»4' =1!��"'R `a,�-,i rts`>; '� n° ® 1' ;. •as _Q t �p s`i tap ffild t r w. �t 'Pi'•�E'R'�a t � 1� !„,.i '� .. �,a+. t! �3r c. kk '-zte ® EXHIBIT "Bn 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 Y 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 Notify the employer in writing of the employee's conviction under a criminal drug statute fora 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 receivingnotice 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 drugfree implementation of subparagraphs (1) through (6). rogram through Autho ze nat e and Title ® Michae W. Smith, City Manag STATE OF FLORIDA Printe Name and Title COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 12th day of September, 2 - 0 , by 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) ANR4 \`o'` \aGa� �%,M ''aERgo gnature) 01 677361 �'• °y oiled thN�¢�•��� (Print Name) Insuca;•��4\�� My Commission Expire, / C 23 ZOd BROWAJW COUNT r �4 "I'll��Ngmm as 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 L Cooper City 28,730 0.541605% 27,6.62 36,829 3 Coral Springs 111,724 2.106170% 107,415 143,220 I Dania Beach 18,480 0.348376% 17,767 23,690 5-Davie 67,529 1.273025% 64,924 86,566 4 Deerfield Beach 59,964 1.130413% 57,651 76,868 2 Fort Lauderdale 148,971 2.808332% 143,225 190,967 I, Hallandale, 31,504 0.593899% 30,289 40,385 1 Hillsboro Beach 1,756 0.033103% 1,688 2,251 P Hollywood 127,660 2.406587% 122,736 163,648 u Lauderdale-by-the-Sea 3,798 0.071598% 3,651 4,869 JL Lauderdale Lakes 27,870 0.525392% 26,795 35,727 13 Lauderhill 50,596 0.953812% 48,644 64,859 i y Lazy Lake 35 0.000660% 34 45 'T Lighthouse Point 10,645 0.200675% 10,234 13,646 h Margate 50,727 0.956282% 48,770 65,027 'Miramar 54,583 1.028973% 52,478 69,970 krNorth Lauderdale 29,903 0.563717% 28,750 38,333 /+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 Zz-Pembroke Pines 120,091 2.263900% 115,459 153,945 zj Plantation 80,434 1.516304% 77,332 103,109 t�Pompano Beach 74,403 1A02611% 71,533 95,378 ZS-Sea Ranch Lakes 616 0.011613% 592 790 ZiSouthwest Ranches 8,243 0.155393% 7,925 10,567 L'Sunrise 78,413 1.478205% 75,388 100,518 '-'Tamarac 52,413 0.988066% 50,391 67,188 "Weston 42,522 0.801605% 40,882 54,509 wWilton 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 ® NOWAQO COMY �I Broward County Commission • Community es Department • Mass Transit Division 8/00 AGENDA REQUEST FORM CITY OF DAN IA BEACH aTo M =,Administrative aServices Department Prepared By: Jason Nunemaker Date: 12/07/00 --------------------------------------------------------------------------------------------------------------------------------- Please complete the following items related to your agenda request. 1. Date of Commission meeting: 12/12/00 2. Title: Agreement with A-plus Transporation, Inc.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 at a rate of Twenty Dollars ($20.00) per hour, per vehicle. The proposed route may be modified prior to implementation. This interlocal agreement was approved by the commission on 9/12/00. Staff advertised a RFP for the implementation of the public transportation services on 10/6/00 and 10/13/00. Bids were opened on October 24, 2000. Three vendors submitted bids: 1. A+Transporation $28.00/hr 2. Handy Van $29.50/hr 3. Coach USA $39.75/hr(Year One), $41.34/hr(Year Two), $43.00/hr(Year Three) Staff recommends that the City of Dania Beach contract with A+Transportation because it has an established relationship with Broward County, met all of the RFP requirements, has a favorable reference list, and provides for the lowest cost. If the commission should choose not to award the contract to A+Transporation then Handy Van would be staffs secondary recommendation. If neither of the top two bidders are selected then it would be staffs recommendation to re-bid the service. 5.Attached Exhibits (please list): 1. Interlocal Agreement between Broward County and the City of Dania Beach 2. Agreement between A+Transporation and the City of Dania Beach 3. Bid Tabulation Form— 10/24/00 6. List Additional Backup Materials Provided: • 7. For purchasing requests only: Fund Dept. Account name: Account#: Finance Director Approval 8. Reviewed and approved: Department Director Date City Manager Date ® NOTICE TO BIDDERS CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, IS SEEKING SEALED BIDS FOR: OPERATION OF A "COMMUNITY BUS SERVICE" IN THE CITY OF DANIA BEACH IN ACCORDANCE WITH THE TERMS SET FORTH IN AGREEMENT WITH BROWARD COUNTY AND ADDITIONAL REQUIREMENTS SET FORTH BY THE CITY OF DANIA BEACH. ROUTE DETERMINED BY CITY OF DANIA BEACH IN PARTNERSHIP WITH BROWARD COUNTY TRANSIT. BID PACKAGE MAY BE OBTAINED FROM THE OFFICE OF ADMINISTRATIVE SERVICES AT 100 W. DANIA BEACH BLVD., DANIA BEACH, FL 33004, OR BY CALLING (954) 924-3607. BIDS WILL BE ACCEPTED UNTIL 3:15 P.M. ON TUESDAY, OCTOBER 24, 2000, IN THE CONFERENCE ROOM AT CITY HALL, 100 W. DANIA BEACH BLVD., DANIA BEACH, FL 33004, AND WILL BE OPENED AT 3:30 P.M. ON THE SAME DATE. ENVELOPES MUST BE SEALED AND PLAINLY MARKED: "BID — COMMUNITY BUS SERVICE" FOR ADDITIONAL INFORMATION, PLEASE CONTACT JASON NUNEMAKER, ASSISTANT CITY MANAGER, AT (954) 924-3609. THE CITY COMMISSION OF THE CITY OF DANIA BEACH RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ANY AND ALL INFORMALITIES OR IRREGULARITIES, AND OR REJECT ALL OR ANY PART OF ANY BID AS IT MAY DEEM TO BE IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF DANIA BEACH. THE CITY OF DANIA BEACH ENCOURAGES PARTICIPATION BY SDBE FIRMS. /S/ CHARLENE JOHNSON DEPUTY CITY CLERK Publish 10/6/00, 10/13/00 CITY OF DANIA BEACH BID TABULATION DATE: 10/24/00 TIME: 3.15 P.M. PROJECT NAME: Community Bus Service NO. VENDOR t BASE BID 2 C �� GC�JXI � i 4 5 CD 6 7 8 i i 9 10 11 12 13 BIDS BEING REVIEWED BY- BIDS TO BE RETURNED: