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HomeMy WebLinkAboutR-2014-086 - Approved Interlocal Agreement for Public Transportation Services between Broward County and the City for Public Transportation Services from 10/1/14-9/30/17 RESOLUTION NO. 2014-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE THE INTERLOCAL AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR CITY PUBLIC TRANSPORTATION SERVICES FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017; 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 Interlocal Agreement to provide Public Transportation Services between Broward County and the City of Dania Beach for City Public Transportation Services from October 1, 2014 to September 30, 2017, is approved and the proper City officials are authorized to execute it(the Agreement in substantial form as Exhibit"A" is attached). Section 2. That funding for this Agreement shall be subject to and paid from City Commission consideration of annual budget recommendations provided by the City Manager within the General Fund, Recreation Department, Administration Division Community Bus Account, Account No. 001-72-01-572-31-60. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 become effective immediately upon its passage and adoption. PASSED AND ADOPTED on September 23, 2014. ATTEST: ARD$ 7 LOUISE STILSON, CMC WALT A BDCKE, III CITY CLERK MAY R APPROVED AS TO D CO THOMA J. ANA R CITY ATTORNEY INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for COMMUNITY BUS SERVICE INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for COMMUNITY BUS SERVICE This is an Agreement ("Agreement"), made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and CITY OF DANIA BEACH, a municipal corporation organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY," (collectively referred to as the "Parties"). WITNESSETH: WHEREAS, public transportation services provided by COUNTY need to be supplemented to serve a greater number of people traveling within and throughout CITY; and WHEREAS, public transportation resources are limited and must be used in the most efficient manner; and WHEREAS, both COUNTY and CITY agree that better public transportation for residents of CITY and those persons traveling within or throughout CITY is needed; and WHEREAS, it is desirable to provide an alternative form of public transit service to the residents of CITY and those persons traveling within or throughout 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 - 2 - WHEREAS, CITY has expressed an interest in providing an alternate form of transportation by utilizing vehicles provided by COUNTY to provide Community Bus Service, 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 The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 ADA - American with Disabilities Act of 1990, 42 USC Sections 12101 et seq. and the implementing regulations found in 29 C.F.R. Parts 1630, 1602; 28 C.F.R. Part 35, 49 C.F.R. Parts 27,37,38, 28 C.F.R. Part 36, and 47 C.F.R. Sections 64.601 et seq. 1.2 Agreement - This Agreement includes Articles 1 through 12, the exhibits and documents that are expressly incorporated herein by reference. 1.3 Board -The Board of County Commissioners of Broward County, Florida. 1.4 BCT -The Broward County Transit Division. 1.5 Community Bus Service - The public transportation service, including Emergency Transportation Service, provided hereunder by CITY through the use of its employees or by a third party that has entered into a contract with CITY. 1.6 Contract Administrator - The Broward County Administrator or the Director of the Broward County Transit Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.7 County Administrator - The administrative head of COUNTY appointed by the Board. - 3 - 1.8 County Attorney - The chief legal counsel for COUNTY appointed by the Board. 1.9 Emergency Transportation Service — The transportation service scheduled at the direction of COUNTY during periods of adverse weather or other emergency conditions as determined by COUNTY including, but not limited to, inclement weather, hurricane, earthquake, fire, flood, cloudburst, cyclone, or other natural phenomenon of a severe and unusual nature, act of a public enemy, epidemic, quarantine, restriction, embargo, or other periods of extreme or catastrophic events. 1.10 Revenue Service Hour— The time when a Vehicle(s) is available to the general public and there is an expectation of carrying Community Bus passengers. Revenue Service includes layover/recovery time but excludes deadhead and maintenance testing. 1.11 Vehicle(s) - The wheelchair accessible, passenger Vehicle(s), as described in Exhibit "D." ARTICLE 2 SCOPE OF SERVICES SERVICES TO BE PROVIDED BY CITY 2.1 ROUTES. Community Bus Service shall be provided a minimum of twenty four (24) hours a week to the locations and at the scheduled intervals ('Routes") set forth on the attached Exhibit "A." Community Bus Service shall connect with COUNTY bus routes and other Community Bus Routes as set forth on Exhibit "A." To the extent possible, Community Bus Service shall be coordinated with existing County public transit service. It is the intent of the Parties that the Community Bus Service shall not duplicate existing County bus service. 2.2 USE OF CONTRACTOR. CommunityBus Service may be performed b CITY Y P Y through the use of its employees or CITY may enter into a contract with a third party to perform the services. In the event CITY contracts with a third party, 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 imposed on the CITY in this Agreement. 2.3 ADA. CITY shall at all times provide Community Bus Service in full compliance with all applicable requirements of the Americans with Disabilities Act (ADA). To the extent that any terms in this Agreement are inconsistent with the ADA, the requirements of the ADA shall control. -4 - 2.4 CHANGES IN ROUTES. CITY acknowledges and agrees that it shall not deviate or make changes to the Routes established in Exhibit "A," including, but not limited to, a decrease or increase in Revenue Service Hours, without the prior written consent of Contract Administrator. CITY further acknowledges and agrees that compensation under this Agreement is as set forth in Article 6, and COUNTY shall not compensate CITY for any deviations or changes from the Routes established in Exhibit "A" without the prior written consent of Contract Administrator. 2.4.1 The Contract Administrator may approve changes to Routes including changes that result in an increase or decrease in Revenue Service Hours; provided, the increase or decrease does not exceed ten percent (10%) of the total annual financial assistance established in Exhibit "F". In the event that the Contract Administrator approves any change to Routes as authorized in this Section, Exhibit "A" shall be updated by the Contract Administrator. 2.5 FARES. If CITY determines a fare to be appropriate, CITY may institute such fare; provided, the fare shall not exceed COUNTY's fixed-route base one-way fare. Additionally, CITY's fare policies shall comply with the provisions of 49 U.S.C. 5307(c)(1)(D) commonly referred to as the "half fare" requirement. Prior to instituting a fare or changing a current fare CITY shall: (1) Provide a formal written notice to the Contract Administrator sixty (60) calendar days prior to the implementation date of the proposed fare or fare change; and (2) CITY shall hold a public hearing prior to the institution of any proposed fare or fare change in compliance with the procedures set forth in Section 2.5 below; and (3) Receive COUNTY's written approval prior to the implementation of the fare or fare change. 2.6 PUBLIC HEARING REQUIREMENTS. CITY, in compliance with the provisions of 49 U.S.C. Section 5307(c)(1)(1), shall hold a public hearing before its governing body as follows: (1) Prior to the implementation or change in fares. (2) Prior to any change in service affecting twenty-five percent (25%) or more to the Route miles, when calculated on total route miles or on daily revenue miles. (3) Prior to establishing a new Community Bus Route. (4) Prior to discontinuing any Community Bus Route in its entirety. - 5 - (5) Prior to implementing headway adjustments of more than fifteen (15) minutes. At least one Notice of Intent to Hold a Public Hearing must be published in a newspaper of general circulation in Broward County no less than ten (10) business days prior to the date of the public hearing. The notice shall contain, at a minimum: (1) A description of the contemplated service or fare change, as appropriate. (2) The date, time, and accessible location of the hearing. (3) The location and addressee to whom written comments may be sent. (4) Criteria for requesting available accommodations and alternative formats. 2.6.1 In the event that service changes are necessitated by road closures or road construction/repair, interruptions due to hurricane or other natural disaster, Contract Administrator may authorize service reductions on a temporary basis, without a prior public hearing, for a period not to exceed six (6) months. CITY shall use its best efforts to provide the public with the greatest advance notice possible through the use of flyers, handouts, or other printed material and shall include a telephone number to inquire further about the change or through which individual patrons may seek alternative format information. 2.6.2 CITY shall provide COUNTY with the public hearing notice and minutes of all public hearings held to satisfy the requirements of 49 U.S.C. Section 5307(d)(1)(1) within seven (7) calendar days of the public hearing. 2.7 BUS STOPS. It shall be CITY's sole responsibility to obtain any permission necessary to access or encroach upon any property for use as an origin and/or destination point associated with Community Bus Services. 2.8 MINIMUM REQUIRED PASSENGERS PER REVENUE HOUR. Within twelve (12) months from the commencement of Community Bus Service, CITY shall maintain a minimum average of 7.1 passengers per Revenue Service Hour per Route operated by CITY. CITY shall monitor trends relating to any reductions in passengers per Revenue Service Hour and shall promptly notify COUNTY of possible conditions or remedies which are needed to address the reductions in passengers. It is understood and agreed between COUNTY and CITY that CITY's failure, to maintain a minimum average of 7.1 passengers per Revenue Service Hour per Route during any rolling twelve (12) month period shall constitute a breach of this Agreement, entitling COUNTY to terminate this -6 - Agreement and shall entitle COUNTY to pursue any and all other remedies provided under this Agreement or any remedies available to COUNTY at law or in equity. CITY shall return any and all funds paid in advance to CITY for services that were not performed prior to the date specified in the written notice of termination. CITY shall return the funds within thirty (30) calendar days of receipt by CITY of the notice of termination. 2.9 EMERGENCY TRANSPORTATION SERVICE. In addition to the scheduled Community Bus Service as set forth in Exhibit "A," CITY, upon direction of the Contract Administrator, may be required to provide Emergency Transportation Service. Emergency Transportation Service may include, but shall not be limited to, evacuation and reverse evacuation transportation for individuals, as well as any other transportation deemed necessary by COUNTY. The Parties agree that extreme conditions or catastrophic events may not affect the operations of all cities equally and at COUNTY's discretion, COUNTY may require CITY to authorize the use of Vehicle(s) leased to CITY herein by any other City that has an agreement with COUNTY for Community Bus Service. CITY shall not be entitled to any compensation for the use of any Vehicle(s) that is utilized by another city as set forth above. Fares shall not be collected from passengers during Emergency Transportation Service. 2.10 EMERGENCY RESPONSE PLAN: CITY shall have a plan, updated on an annual basis, to maintain operations during the occurrence of emergencies such as, but not limited to periods of adverse weather or other emergency conditions including, but not limited to, inclement weather, hurricane, earthquake, fire, flood, cloudburst, cyclone, or other natural phenomenon of a severe and unusual nature, act of a public enemy, epidemic, quarantine, restriction, embargo, or other periods of extreme or catastrophic events. Plans for backup telecommunications such as cellular phones, backup generators and backup fuel sources and other alternatives shall be detailed in a written plan and submitted to COUNTY thirty (30) days from the effective date of this Agreement. 2.11 ON-BOARD SURVEYS. CITY shall allow any on-board surveys and/or inspections as may be requested by COUNTY. 2.12 PUBLIC TRANSIT PROVIDER. CITY, as a contracted public transit provider, shall comply with the provisions of Florida Statutes relating to public transit providers, which shall include but not be limited to the requirements of Chapter 14-90, "Equipment and Operational Safety Standards for Bus Transit Systems," Florida Administrative Code, as currently enacted or as may be amended from time to time (Chapter 14-90). - 7 - 2.13 OPERATION. 2.13.1 CITY shall be solely responsible for the operation of each Vehicle(s) in accordance with all federal, state, and local regulations. Additionally, CITY shall be solely responsible for the operation of each Vehicle(s) in accordance with all federal, state, and local regulations with regard to the discharge of pollutants while operating, cleaning, fueling and maintaining the Vehicle(s). CITY shall utilize every practicable safeguard so as to minimize the discharge of pollutants. CITY shall be responsible for and pay any fines, penalties, or damages for any fuel or oil spillage or other contaminates resulting from the services provided hereunder. 2.13.2 CITY shall be solely responsible to provide, during the term of this Agreement, sufficient personnel, training, labor, and materials necessary to provide a high quality Community Bus Service which shall include, but not be limited to, all transportation, scheduling, dispatching, vehicle servicing, vehicle maintenance, reporting, and monitoring of the Community Bus Service required herein throughout the term of this Agreement. 2.13.3 CITY shall be solely responsible for the payment of all of its employees' wages and benefits and shall comply with all of the requirements thereof including, but not limited to, employee liability, workers' compensation, unemployment insurance, Social Security, and any other mandated or optional employee benefits. 2.13.4 CITY shall be responsible to maintain Community Bus Service as described on Exhibit "A". Should there be a service disruption; CITY shall have 45 minutes to restore normal service levels. If not, COUNTY will reduce the next applicable invoice to reflect the missed service. 2.13.5 CITY shall obtain and provide to the Contract Administrator all required state and local permits and ensure that all vehicle operators are properly licensed for the service which they are providing. CITY shall ensure that all vehicle operators meet all requirements for performing Community Bus Services as required by federal, state, and local law, which shall include but not be limited to the requirements of Chapter 14-90. q P 2.13.6 Vehicle operators must successfully complete the required Operator Training prior to operating any Vehicle(s) to provide the Community Bus Service set forth herein. COUNTY will schedule and provide the training at no cost to the CITY; however, CITY shall be responsible for the payment of any and all salary costs for those employees that participate - 8 - in the training. Employees who complete the training will receive a Certification of Completion. 2.13.7 During the term of this Agreement, the Contract Administrator may from time to time require additional operators training for the employees operating Vehicle(s). In such case, the Contract Administrator will provide at least fourteen (14) calendar days' notice. The CITY must provide COUNTY with a minimum fourteen (14) calendar days advance written notice if the CITY needs to have additional employees trained through the County's Operators Training program. The CITY is responsible for the payment of any and all salary costs for those employees that participate in the training. 2.13.8 CITY shall at its sole cost and expense: a. Provide base of operation for Vehicle(s), operators and Community Bus Service. b. Comply with all Community Bus Services operations, equipment and maintenance requirements established by BCT. c. Comply with performance and safety standards required by Florida law and Chapter 14-90. d. Hire, train, and supervise vehicle operators. The vehicle operators' mandatory training shall consist of on-site training as scheduled by Contract Administrator. The COUNTY shall schedule, provide and conduct the on-site training. e. Provide all necessary personnel with the management, operation and maintenance expertise required to carry out each and every obligation and responsibility necessary to perform the Community Bus Services. f. Carry out operational supervision. g. Operators shall be retrained every two years during the term of this Agreement (refresher training) at CITY's sole expense. h. Provide a means of communication between supervisors and operators. i. Be available for and comply with COUNTY's monitoring and auditing programs. j. Attend and participate in quarterly Community Bus Partner meetings with COUNTY staff. In the event that CITY utilizes a third party to provide Community Bus Service, a representative from the CITY and a representative from the third party contractor shall attend the meetings. - 9 - k. Work with COUNTY by using appropriate operating methods, procedures and protocols, and implement those policies which COUNTY directs as integral to the efficient and effective operation of COUNTY's public transportation system. I. Respond to Contract Administrator's requests for information in a timely manner. m. Submit operating, financial, performance reports, National Transit Database ("NTD") reports within in the time periods established in Exhibit "C." n. Develop, maintain, and keep current a written procedure for the investigation and reporting of accidents and unsafe practices. o. Report to Contract Administrator any accidents, including passenger accidents, and any non-routine events within the time periods established in Exhibit "C." Within seventy-two (72) hours prior to the onset of Community Bus Service, CITY shall provide to COUNTY for approval, its written procedure for reporting accidents/incidents to Contract Administrator. 2.14 SUSPENSION OF OPERATIONS: CITY may suspend all or a portion of Community Bus Service when said performance is made impossible upon prior approval of COUNTY. Depending on the nature of the event, CITY shall request verbal or written approval from COUNTY prior to suspending operations, if verbal approval is given based upon the circumstances, the verbal approval shall be memorialized in writing when circumstances permit. 2.15 VEHICLE OPERATORS. CITY shall obtain driving and criminal background checks for all vehicle operators from the State of Florida Department of Law Enforcement or other sources approved by Contract Administrator. CITY shall require its vehicle operators performing the services hereunder to notify CITY within 24 hours of any conviction for any traffic violation (except parking). CITY shall not employ a vehicle operator to perform Community Bus Service that does not meet the requirements of Florida law. All employees operating a Vehicle must have been a licensed operator for at least three (3) years (time spent driving on a learner's permit does not count towards this requirement). 2.15.1 CITY shall not employ or retain any vehicle operators or supervisors whose driving record, as compiled by the Department of Motor Vehicles of the state of Florida, contains a conviction or plea of nolo contender regardless of whether adjudication was withheld, for any of the following: - 10 - a. No more than one (1) moving violation in the last three (3) years*. b. An at-fault accident in the last three (3) years*. C. A Failure to Appear or a Failure to Pay in the last three (3) years*. d. A Reckless Driving in the last seven (7) years*. e. A Driving Under the Influence (DUI) with the last seven (7) years*. Two convictions (lifetime) for DUI is automatic disqualification. f. A suspension within the last three (3) years*. One suspension for PIP permitted. g. A Manslaughter resulting from the operation of a motor vehicle. h. A Hit and Run or Hit and Run with Property Damage. i. A Reckless Driving causing injury. j. A DUI causing injury. k. Any combination of violations that indicate a pattern of irresponsibility or poor judgment. *All time periods shall be rolling. 2.15.2 CITY shall provide current copies of the following records of all employees that operate the Vehicle(s) to the BCT Safety Manager, with a copy to Contract Administrator. The records shall be provided at the time of hire and upon any change in status relating to any information set forth in the below listed record(s): Driving Record Background Verification Record Criminal Background information INS Employment Eligibility Form 1-9 - 11 - 2.15.3 CITY shall maintain, at all times, an up to date personnel file for each Vehicle operator, which shall include the verifications of employment referred to above and the employee's vehicle operator's license number and expiration date. In addition, CITY shall maintain, at all times, a current employment roster of Vehicle operators and shall provide the Contract Administrator with a copy of the current employment roster and copies of all such verifications upon request. CITY shall provide the Contract Administrator with each employee's name and operator's driver's license numbers within five (5) calendar days prior to the onset of Community Bus Service. 2.15.4 It shall be CITY's responsibility to ensure that all vehicle operators and supervisors performing Community Bus Services comply with the following: a. Strictly comply with the provisions set forth in this Agreement. In the event that a Vehicle operator fails to meet the requirements necessary to perform the Community Bus Services as required in this Agreement, CITY shall immediately prohibit the employee from operating a Vehicle(s) to provide the Community Bus Services. b. Vehicle(s) shall be operated by properly licensed operators. Vehicle operators must have a Florida Commercial Driver's License Class A, Class B with a passenger endorsement, or Class C will be permitted with a passenger endorsement so long as the Vehicle(s) do not contain air-brakes. C. Provide full utilization of Vehicle(s) to disabled passengers. d. Carry on their person at all times a valid Florida Driver's License for provision of passenger Services; Commercial Driver's License Class A, B, or C with passenger endorsements issued by the state of Florida. All Vehicle operators shall be required to report immediately any and all convictions of in-state or out of state moving violations and any loss of driving privileges due to a license suspension or revocation. e. Shall not an operate personal wireless communications P Y devices while occupying the operators seat or operating area. f. Shall not drive recklessly or unsafely, illegally park or stop, or commit any other traffic violation. - 12 - g. Shall issue County bus route timetables or other BCT transit information to any passenger requesting such material. 2.16 NONDISCRIMINATION ON THE BASIS OF DISABILITY. CITY while providing the Community Bus Services shall comply with all applicable laws and regulations relating to nondiscrimination on the basis of disability, including, but not limited to the following: Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 29 U.S.C. (Section 794), prohibits discrimination on the basis of disability by recipients of Federal financial assistance. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. DOT Public Transportation Regulations implementing Section 504 and the ADA. These regulations include DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27, DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37, and Architectural and Transportation Barriers Compliance Board (ATBCB)/DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38, all as currently enacted or as may be amended from time to time. 2.17 DRUG AND ALCOHOL PROGRAM. CITY agrees to participate in COUNTY's drug and alcohol testing program, or establish and implement, subject to COUNTY review and approval, its own drug and alcohol testing program that complies with 49 C.F.R. Part 655. In addition, CITY agrees to produce any documentation necessary to establish its compliance with 49 C.F.R. Part 655, prior to the commencement of Community Bus Service and shall permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency, or COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. 655 and review the testing process. CITY agrees to certify, prior to the commencement of services under this Agreement and annually thereafter, compliance with current Federal Transit Administration regulations to the BCT Drug and Alcohol Program Manager, with - 13 - a copy to the Contract Administrator, a model format for certifying compliance is attached as Exhibit"B." CITY agrees to prepare, maintain, and submit annually the Drug & Alcohol Management Information System (MIS) reports to BCT Drug and Alcohol Program Manager, summarizing its drug and alcohol testing program results from the previous year. The annual reports covering the prior calendar year must be submitted to BCT Drug and Alcohol Program Manager by a date determined by Contract Administrator, but no later than February 15th of each year. Additionally, CITY shall provide quarterly reports to BCT Drug and Alcohol Program Manager summarizing its drug and alcohol testing results and shall permit BCT Drug and Alcohol Program Manager to inspect its records during site visits, to ensure compliance with program requirements. 2.18 REPORTING AND RECORDKEEPING REQUIREMENTS. CITY shall maintain complete and accurate records of all Community Bus Services provided pursuant to the terms of this Agreement. CITY shall supply reports in compliance with the schedule and requirements set forth on Exhibit "C." 2.19 ANNOUNCEMENTS. In the event that the Vehicle(s) is not equipped with an automatic vehicle annunciation system that automatically announces major intersections, destination points and transfer points with other fixed routes, internally both audibly and on a signboard, or the system is not working properly, the vehicle operator shall use the internal announcement feature of the on-board public address (PA) system to make the announcements set forth below. In the event that the PA system is not available or is inoperable, the vehicle operator shall make the following required announcements using his/her own voice loudly and clearly to be heard by all passengers: a. transfer points with other fixed-routes; and b. other major intersections and destination points; and C. intervals along a route to orient individuals with visual impairments or other disabilities to his or her location, especially if there is a long distance between other announcements; and d. any stop requested by a passenger with a disability, even if it does not meet any of the other criteria for announcement. 2.20 CHARTER AND SCHOOL BUS REGULATIONS. 2.20.1 CITY shall comply with 49 U.S.C. 5323(d) and 49 C.F.R. Part 604, relating to charter service. 2.20.2 CITY shall comply with the provisions of 49 U.S.C. 5323(f) and 49 C.F.R. Part 605, relating to school bus operations. - 14 - 2.21 TEXT TELEPHONE ("TTY"). CITY shall at all times, while providing the Community Bus Service set forth herein, have and maintain a proper working TTY number. 2.22 STANDARDS. CITY shall comply with the following: a. CITY, as a contracted public transit provider, shall comply with the all applicable requirements of Chapter 14-90. b. Develop and adopt a System Safety Program Plan ("SSPP") and Security Program Plan ("SPP") that complies with the requirements set forth in Rule 14-90. The SSPP and SPP shall be provided to COUNTY prior to providing any Community Bus Service C. Permit inspections, safety and security review by COUNTY and the state of Florida. d. Comply with the adopted SSPP and SPP and ensure that safety inspections have been performed no less than annually on all Vehicle(s) operated pursuant to the provisions of this Agreement and in compliance with Chapter 14-90. e. All accidents shall be reported immediately to the police. f. Vehicle(s) shall not be operated if the top or interior lights or the headlights or taillights are not functioning properly. Vehicle(s) shall not be driven unless the brakes, steering mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working order. g. Advertising, if allowed by COUNTY on any Vehicle, shall not obstruct the driver's view and shall not obstruct the Vehicle's top lights or other lights. No Vehicle shall have within it, or on its exterior, any sign which encourages, advertises for, or otherwise solicits driver tips. h. All Vehicle(s) shall be equipped with rearview mirror and side mirrors on driver's and passenger's side. i. Speedometer shall be properly installed, in good working order, and exposed to the view of both the driver and the passenger(s). j. The interior of the Vehicle(s) shall be clean, sanitary, free from torn or damaged upholstery or floor coverings, and from damaged or broken seats. - 15 - k. Door hinges and latches shall be in good mechanical working order and all doors shall operate easily and close securely. I. Vehicle(s) shall be structurally sound and operate with a minimum of noise, vibration, and visible exhaust fumes. m. The body, fenders, doors trim and grill of the Vehicle(s) shall be free from cracks, breaks and dents, and painted. n. Vision shall be unobstructed on all four(4) sides of the Vehicle(s). SERVICES TO BE PROVIDED BY COUNTY 2.23 DRIVER TRAINING. COUNTY shall provide Florida Commercial Driver Licensed operators hired by CITY or its sub-contractors with training in passenger relations, rules of the road, and transit system information. All Florida Commercial Driver Licensed operators shall be required to attend and successfully complete COUNTY's training program prior to operating the Vehicle(s) addressed herein. This requirement shall extend to any and all Florida Commercial Driver Licensed operators employed at any time during the term of this Agreement. 2.24 SCHEDULING AND ROUTING ASSISTANCE. All requests by CITY for assistance with the planning and scheduling of Community Bus Routes must be submitted in writing by CITY and coincide with the schedule established by COUNTY. A copy of the schedule shall be made available to the CITY upon CITY's request. 2.25 TIMETABLES. COUNTY shall print and provide CITY with bus route timetables to inform CITY residents and passengers of the Community Bus Service. ARTICLE 3 VEHICLES 3.1 LEASE. COUNTY shall lease to CITY the wheelchair accessible, passenger Vehicle(s), as described on Exhibit "D" to be used in Community Bus Service as set forth in Exhibit "A." Such Vehicle(s) shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. The Vehicle(s) shall be leased to CITY for Ten Dollars ($10.00) per Vehicle, per year. Prior to the acceptance of the Vehicle(s) by CITY, CITY at its own cost shall have - 16 - the right to inspect, or cause to be inspected, the Vehicle(s) by a mechanic designated by CITY. 3.2 USE. Vehicle(s) shall be provided by the COUNTY to CITY at least forty-eight (48) hours prior to the onset of the commencement of Community Bus Service and shall be used exclusively to perform the Community Bus Services set forth in this Agreement and for no other purpose. Subject to the provisions of this Agreement, City shall have the exclusive right to possession and control of Vehicle(s) and shall be fully responsible for the use thereof. Vehicle(s) shall not be used in any unlawful trade or for any unlawful purpose whatsoever, or in violation of this Agreement. City shall use Vehicle(s) in a careful and proper manner and shall comply with all federal, state, local, or other governmental laws, regulations, requirements and rules with respect to the use, maintenance and operation of the Vehicle(s). CITY shall use only the Vehicle(s) identified in Exhibit "D" to provide Community Bus Service. 3.3 REPLACEMENT. COUNTY reserves the right, in its sole discretion to replace any Vehicle(s) with the same or like equipment when determined to be in the best interest of COUNTY. Any replacement of Vehicle(s) may be authorized by the Contract Administrator. In the event that a Vehicle(s) is replaced, Exhibit "D" shall be updated by the Contract Administrator. CITY's use of any replacement Vehicle(s) shall be subject to all terms and conditions of this Agreement. 3.4 BIKE RACKS. Vehicle(s) shall be equipped with bicycle racks to transport non-motorized bicycles. 3.5 SPARE VEHICLE(S). COUNTY, in its sole discretion, acting through it Contract Administrator may provide spare Vehicle(s) for use by the CITY to perform Community Bus Service. In the event that spare Vehicle(s) are leased to the CITY, Exhibit "D" shall be updated by the Contract Administrator to include the spare Vehicle(s). CITY's use of any spare Vehicle(s) shall be subject to all terms and conditions of this Agreement. 3.6 INSPECTIONS. COUNTY shall have the right to inspect, or cause to be inspected, the Vehicle(s). COUNTY may inspect the Vehicle(s) at any time; provided that such inspections shall not be scheduled in a manner which would have a detrimental impact on the CITY's ability to perform Community Bus Service. Should extraordinary wear and tear and/or damage be identified by such inspections, COUNTY shall notify CITY as to required repairs to Vehicle(s) due to damage or excessive wear and tear. Any Vehicle(s) determined by COUNTY to be unacceptable to provide service will be removed from service by CITY and all deficiencies corrected immediately. Failure by COUNTY to inspect or supply such written notification shall not imply COUNTY's acceptance that no extraordinary wear and tear or damage has occurred to the Vehicles. At - 17 - COUNTY's request, CITY shall take the Vehicle(s) to a location designated by Contract Administrator for inspection. 3.7 PRE-TRIP AND POST-TRIP INSPECTIONS. CITY shall conduct and document Pre-trip and Post-trip Vehicle inspections each day. The inspection shall include an inspection of every item that appears on the Pre-trip and Post-trip Vehicle inspection form attached as Exhibit "E". CITY shall ensure that any and all defects are remedied as an integral part of the inspection process prior to placing the Vehicle(s) into Community Bus Service. CITY shall maintain a written record of all Vehicle(s) inspections on site, which record shall be available to the Contract Administrator or his/her designee. In the event that County shall install an Automatic Vehicle Location (AVL) system on Vehicle(s), CITY shall, upon notification by COUNTY, enter information designated by COUNTY directly into the AVL Mobile Data Computer. 3.8 INSPECTION AND MAINTENANCE RECORDS. CITY shall maintain a record of all Vehicle(s) periodic inspections which records shall be available to the Contract Administrator. CITY shall maintain and provide written documentation of preventive maintenance, regular maintenance, inspections, and repairs performed for each Vehicle. Such records shall be maintained by the CITY during the term of this Agreement. CITY shall maintain a written record of all Vehicle(s) inspections and maintenance on site, which records shall be available to the Contract Administrator or his/her designee. In the event that County shall install an Automatic Vehicle Location (AVL) system on Vehicle(s), CITY shall, upon notification by COUNTY, enter information designated by COUNTY directly into the AVL Mobile Data Computer. 3.9 MAINTENANCE AND REPAIR. CITY shall maintain the Vehicle(s) and all its appliances and appurtenances, in a good state of repair and in efficient operating condition during the entire term of this Agreement. CITY shall be fully responsible for all maintenance and repair, of whatever kind or nature, of all Vehicle(s), which obligation shall include, but in no way be limited to, regularly scheduled routine maintenance, required inspections, and repairs. 3.9.1 Any Vehicle(s) that becomes inoperable must be repaired and back in Community Bus Service within ten (10) business days. In the event that a Vehicle(s) will not be back in revenue service within ten (10) business days due to the unavailability of parts or nature of the repair, CITY shall notify Contract Administrator in writing, and include the reason for the delay. CITY must have written approval from the Contract Administrator for any repair that will keep Vehicle(s) out of Community Bus Service for more than ten (10) business days. - 18 - 3.9.2 All maintenance on Vehicle(s) shall be performed by persons properly licensed and qualified to perform maintenance on Vehicle(s). CITY shall maintain the Vehicles in compliance with BCT's and manufacturer's standards for preventive maintenance. CITY shall develop a preventive maintenance schedule, which shall be approved by COUNTY prior to initiating Community Bus Service. 3.9.3 Vehicle parts necessary to maintain and repair Vehicles shall be provided by CITY at CITY s sole cost and expense. Vehicle parts must be Original Equipment Manufacturer (OEM) parts. Prior written approval of the Contract Administrator shall be received before beginning any major maintenance and repair. Major maintenance and repairs shall be defined as any maintenance or repair activity in which the total cost of parts and labor shall exceed Two Thousand Dollars ($2,000.00). 3.9.4 CITY shall not make any structural or other significant alterations or changes to Vehicle(s) without the prior written consent of the Contract Administrator. 3.9.5 CITY shall maintain all Vehicle(s) in clean appearance and safe and proper working mechanical condition at all times. Vehicle(s) shall be used in Community Bus Service in a manner so that all Vehicle(s) will accrue relatively equal mileage at any one time. 3.10 SIGNAGE AND ADVERTISING. All Vehicle(s) shall contain its assigned bus number in a minimum of four (4) inch numbers in the following locations: Above or beside the passenger entrance door(s) On the exterior rear of the vehicle On the exterior front of the vehicle On the interior of the vehicle above the front windshield 3.10.1 Vehicle(s) Route identification information must contrast in color with the background color to which they are affixed. 3.10.2 Vehicle(s) shall display, at all times, destination signage specific to the Route and the direction being operated, if direction is applicable. The signage shall fit the opening as provided on the Vehicle(s). An ADA- compliant Route identification sign shall be displayed on the curb side of Vehicle(s) at all times. 3.10.3 CITY shall maintain all interior signs placed by COUNTY. - 19 - 3.10.4 CITY shall not place advertisements of any kind or nature on any Vehicle(s) without the prior written approval of Contract Administrator. In the event that advertisements are allowed, all advertising shall conform to the Broward County Transit Division Advertising Guidelines and Regulations, as currently enacted or as may be amended from time to time. Additionally, CITY, subject to approval of Contract Administrator, may obtain advertising services pursuant to the terms and conditions of the agreement between Broward County and Direct Media, Inc. for Transit Advertising Program dated April 28, 2009 or any subsequent agreement as may be permitted therein. 3.10.5 The Broward County Transit official logo(s) shall be conspicuously displayed on the rear of the Vehicle(s) at all times. 3.11 DAILY CLEANING. CITY shall perform daily cleaning of the Vehicle(s) prior to beginning Community Bus Service each day as follows: Exterior Wash Interior windows cleaned Mopping of non-carpeted floors with clean water and appropriate cleaning solution Wiping down of non-upholstered seats with clean water and appropriate cleaning solution Vacuuming of upholstered seats Pest control Wiping down of all hand rails with clean water and appropriate cleaning solution Refuse, newspapers and other recyclable material remaining on board shall become the property of the CITY. However, items found that are the belongings of customers shall be maintained and made available consistent with CITY's Lost and Found Policy which policy shall comply with Florida law. CITY's Lost and Found Policy must be approved by the Contract Administrator. 3.12 TITLE. Title to the Vehicle(s) shall remain in COUNTY at all times, and the CITY shall have no right, title or interest in the Buses except the possessory rights expressly set forth in this Agreement. Any act of CITY purporting to create any claim, lien, or encumbrance shall be void. CITY agrees at all times to keep the 9 P Vehicle(s) free and clear of any and all claims, liens, and encumbrances, and shall, at their expense, protect and defend COUNTY's title to the buses and COUNTY s right of possession against all others. CITY shall redeliver the Vehicle(s) to COUNTY free of any liens, claims or encumbrances resulting from - 20 - CITY's use of the Vehicle(s). CITY shall notify persons furnishing repairs, supplies, towage and other necessities to Vehicle(s) that CITY has no authority or right to incur, create, or permit to be imposed on Vehicle(s) any lien of whatsoever kind. 3.13 ANNUAL REGISTRATION. The annual registration of the Vehicle(s) will be processed by the COUNTY and the costs of such registrations will be paid by the COUNTY. 3.14 INSTALLATION OF EQUIPMENT. COUNTY may, and reserves the right to, install equipment (hardware or software) determined necessary by COUNTY, including, but not limited to, automatic vehicle locators (AVL), computer aided dispatching (CAD) global positioning systems (GPS), mobile data computers (MDC) collectively referred to as "AVL/MDC Equipment", in Vehicle(s) and at CITY facilities. CITY agrees to make Vehicle(s) and facilities available for the installation of any equipment and to operate such equipment in compliance with all direction from COUNTY. In the event that COUNTY installs any equipment in the Vehicle(s), Exhibit "D" shall be updated by the Contract Administrator to include the equipment installed in the Vehicle(s). 3.14.1 AVL/MDC Equipment. The cost of AVL/MDC Equipment, installation and training shall be at COUNTY's expense. COUNTY shall be responsible for securing and paying for any recurring wireless (cellular) data and voice service, deemed necessary by COUNTY. 3.14.2 Delivery and Installation of AVL/MDC Equipment: COUNTY shall provide CITY with no less than ten (10) calendar days prior notice of the date the AVL/MDC Equipment shall be installed in Vehicle(s) and CITY shall make the Vehicle(s) available on the date established by COUNTY. COUNTY will install, or cause to be installed, the AVUMDC Equipment at a site to be determined by COUNTY. At the time of installation of the AVUMDC Equipment into Vehicle(s), COUNTY shall prepare an itemized listing setting forth the components, and the serial numbers where applicable, of the AVUMDC Equipment installed in each vehicle and at any CITY facility. CITY shall sign the document acknowledging receipt of the AVL/MDC equipment. CITY agrees to cooperate fully in the installation, testing, and training related to AVUMDC Equipment. 3.14.3 Operations, Maintenance and Repair of AVUMDC Equipment: COUNTY shall provide CITY with reasonable assistance in the maintenance and operation of the AVUMDC Equipment, by responding to all inquiries and trouble reports concerning the operation or condition of the AVUMDC Equipment, if the inquiry or trouble reports are placed by CITY to the designated representative of COUNTY during service hours. Upon - 21 - receiving such inquiries or trouble reports, COUNTY shall either offer advice or propose possible solutions based on its preliminary appraisal of CITY's description of the problem, or arrange for assistance from a maintenance service representative. COUNTY shall pay for routine maintenance; provided, however, that CITY shall be responsible for any and all maintenance charges, including the cost of labor and parts, imposed by any maintenance service representative or by COUNTY in the event that maintenance is required by reason of: a. Use of the AVUMDC Equipment or any component thereof in other than the manner for which it was installed. b. Damage to the AVUMDC Equipment by CITY, its employees, agents, or third parties. c. Modification of the installed AVUMDC Equipment by CITY which was not authorized by COUNTY. d. Maintenance performed by CITY without the authorization of COUNTY. All maintenance or repair services shall be provided by COUNTY or COUNTY's maintenance service representative. CITY shall not perform, or cause to be performed, maintenance or repair service unless COUNTY provides prior written consent authorizing CITY to perform maintenance or repair service. 3.14.4 Risk of Loss: CITY shall bear the entire risk of loss or damage to the AVL/MDC Equipment after its installation in the Vehicle(s) and shall be required to replace the AVUMDC Equipment with COUNTY approved AVL/MDC Equipment in the event that it is lost, stolen, or damaged. 3.14.5 Restrictions: The following restrictions shall apply to CITY's use of the AVL/MDC Equipment: a. CITY shall keep the AVL/MDC Equipment free and clear of all claims, liens, and encumbrances. Any act of CITY purporting to create such a claim, lien, or encumbrance shall be void. - 22 - b. CITY shall not use the AVUMDC Equipment in any manner or for any purpose for which the AVUMDC Equipment is not designed or reasonably suited. C. CITY shall not permit any physical alteration of the AVUMDC Equipment without the prior written consent of COUNTY. d. CITY shall not affix, attach, or install any accessory, equipment, or device to the AVL/MDC Equipment without the prior written consent of COUNTY. e. CITY shall not remove the AVUMDC Equipment from the vehicle in which it was originally installed without the prior written consent of COUNTY, except in the event of an emergency. 3.14.6 Reservation of Title: This Agreement does not provide CITY with title or ownership of the AVUMDC Equipment, but only a right of limited use for the duration of the Agreement. COUNTY shall retain title and ownership of the AVUMDC Equipment at all times. 3.14.7 Training: COUNTY shall provide CITY's employees with initial training in the operation of AVUMDC Equipment at no cost to CITY, provided, however, CITY shall be responsible for the payment of any and all salary costs for those employees that participate in the training. COUNTY may provide additional training to CITY's personnel at no cost to CITY, provided, however, CITY shall be responsible for the payment of any and all salary costs for those employees that participate in the training. 3.14.8 CITY shall ensure that its personnel utilizing the AVL/MDC Equipment have been properly trained in the operation of the AVUMDC Equipment. 3.15 DAMAGE. CITY shall bear the entire risk of loss or damage to all Vehicle(s). Any and all damage to Vehicle(s), including, but not limited to, damage resulting from storage, vandalism, theft, or from the provision of Community Bus Service shall be the sole responsibility of CITY, and any and all damage shall be repaired at the sole cost and expense of CITY. CITY shall provide the Public Transportation Services or Emergency Transportation Services in full compliance with all requirements of this Agreement during any periods of time that Vehicle(s) are being repaired or not in revenue service. ARTICLE 4 COMPLAINTS 4.1 COUNTY shall provide CITY with signs that include COUNTY's Customer - 23 - Service Center contact information. CITY shall display the signs conspicuously on each Vehicle. The signs shall inform persons to contact Broward County's Customer Service Center regarding questions, comments, or schedule information. CITY shall respond to complaints (excluding Title VI complaints) brought by persons or by COUNTY on its own initiative or otherwise. In the event that complaints regarding CITY's Community Bus Service are received by COUNTY's Customer Service Center, the Contract Administrator shall forward the complaint to the CITY upon receipt. 4.1.1 Upon the receipt of any complaint, from whatever source, CITY shall conduct the necessary investigation and respond in writing to each complainant. CITY shall forward the results of such investigation and the complaint resolution to Contract Administrator within three (3) business days. 4.2 COUNTY shall provide CITY with COUNTY's formally adopted Title VI Notice and Complaint procedures. The CITY shall include the Title VI public notice ("Title VI Notice") on printed timetables, online, and at major transfer locations. CITY shall display the Title VI Notice conspicuously on each Vehicle. In the event that CITY shall receive any Title VI complaints, the CITY shall forward the complaint to the Broward County Transit Division Compliance Manager. 4.3 CITY shall submit a monthly report to Contract Administrator summarizing all complaints received during the past month. 4.4 At the request of COUNTY, CITY shall meet with Contract Administrator to review any complaints or concerns relating to the Community Bus Service and to promptly correct any deficiencies. Contract Administrator's determination as to quality of operation or services shall be conclusive, and curative measures shall be implemented by CITY as expeditiously as possible. ARTICLE 5 TERM AND TIME OF PERFORMANCE 5.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and shall end on September 30, 2017; the term may be extended for up to two (2) additional one (1) year renewal periods upon written approval of the Contract Administrator ninety (90) days prior to the expiration date of the current term. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Chapter 129, Florida Statutes. - 24 - 5.2 Community Bus Service shall not commence until the receipt of a written Notice to Proceed from the Contract Administrator. Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 5.3 In the event services are scheduled to end due to the expiration of this Agreement, the CITY agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. CITY shall be compensated for the service at the rate in effect when the extension is invoked by the COUNTY upon the same terms and conditions as contained in this Agreement as amended. The Purchasing Director shall notify CITY of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 6 FINANCIAL ASSISTANCE 6.1 COUNTY agrees to pay CITY Fifteen Dollars ($15.00) per Revenue Service Hour as financial assistance for the Community Bus Service that is actually performed by CITY ("Financial Assistance"). CITY shall submit its Revenue Service Hour calculations on the form and pursuant to instructions prescribed by Contract Administrator as set forth in Exhibit "F." The Financial Assistance shall be used by CITY solely for the purpose of maintaining, operating, and properly equipping the Vehicle(s) and for no other purpose. COUNTY shall pay CITY, in advance, the Revenue Service Hour calculations due through the first quarter. All payments for subsequent quarters, if applicable, shall be paid in advance on a quarterly basis. CITY acknowledges that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CITY for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CITY's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to CITY to reimburse its expenses. 6.1.1 Advance quarterly payments for Financial Assistance shall be adjusted by COUNTY based on the Revenue Service Hour calculations as compared to the Revenue Service Hour that were actually performed in any previous quarter. 6.1.2 Following the termination of this Agreement for any reason, CITY shall return to COUNTY any Financial Assistance paid in advance to CITY for any Revenue Service Hour that were not actually performed by CITY. COUNTY shall conduct a reconciliation of the actual Revenue Service Hour performed by CITY prior to termination compared to the amount of Revenue Service Hour for which advanced Financial Assistance was paid. - 25 - CITY shall return all Financial Assistance that was received in excess of the actual Revenue Service Hour performed within thirty (30) days from receipt of notice from COUNTY demanding repayment. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 6.2 METHOD OF BILLING AND PAYMENT 6.2.1 CITY shall submit invoices for compensation, in advance, on a quarterly basis. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and shall include a list of all Florida commercial licensed drivers, including drivers' license numbers, for each individual permitted to operate the Vehicle(s). Each invoice must be submitted on the form and pursuant to instructions prescribed by Contract Administrator as set forth in Exhibit "F." 6.3 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by COUNTY. 6.4 Payment shall be made to CITY at: Finance Director City of Dania Beach 100 W. Dania Beach Blvd Dania Beach, FL 33304 ARTICLE 7 GOVERNMENTAL IMMUNITY AND INDEMNIFICATION 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any Party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and shall be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. - 26 - 7.2 In the event that City contracts with a third party to provide the transportation service addressed herein, any contract with such third party shall include the following provision: INDEMNIFICATION: CITY's contractor shall at all times hereafter indemnify, hold harmless and, at the County Attorney's option, defend or pay for an attorney selected by the County Attorney to defend COUNTY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, CITY's contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action, or demand, CITY's contractor shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY's option, pay for an attorney selected by County Attorney to defend COUNTY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due CITY's contractor under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by COUNTY. ARTICLE 8 INSURANCE 8.1 CITY is an entity subject to Section 768.28, Florida Statutes, and CITY shall furnish the Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this Agreement. 8.2 In the event that CITY contracts with a third party to provide Community Bus Service, any contract with such third party shall include, at a minimum, the following provisions: 8.2.1 INSURANCE: CITY's contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage - 27 - designated in Exhibit "G" in accordance with the terms and conditions stated in this Article. 8.2.1 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. CITY's contractor shall name Broward County as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is Broward County. This official title shall be used in all insurance documentation. 8.2.2 The foregoing requirements represent minimum coverages that shall be contained in CITY's contracts with a third party. Any additional requirements for professional liability, property/builders risk, installation floater, and environmental or pollution shall be subject to CITY's standard requirements for the Project. ARTICLE 9 TERMINATION 9.1 This Agreement may be terminated for cause by the aggrieved Party if the Party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. If COUNTY erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 9.2 This Agreement may be terminated for cause for reasons including, but not limited to, CITY's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may - 28 - also be terminated for cause if CITY is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the CITY provides a false certification submitted pursuant to Section 287.135, Florida Statutes. 9.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the County Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 9.4 In the event this Agreement is terminated for convenience, CITY shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. CITY acknowledges that it has received good, valuable and sufficient consideration from COUNTY, the receipt and adequacy of which are, hereby acknowledged by CITY, for COUNTY's right to terminate this Agreement for convenience. 9.5 In the event this Agreement is terminated for any reason, any amounts due CITY shall be withheld by COUNTY until all documents and reports are provided to COUNTY pursuant to Section 12.1 of Article 12. 9.6 Upon termination of this Agreement for whatever reason, CITY shall return the Vehicle(s) leased herein to COUNTY within seven (7) days of the termination date. CITY shall return the Vehicle(s) to COUNTY in the condition it was received at the onset of this Agreement, normal wear and tear excepted. CITY's obligation to return the Vehicle(s) to COUNTY in the condition it was received shall include the removal of any painting or wrapping of the Vehicle(s) for advertisement purposes. Any costs necessary to restore and/or prepare the Vehicle(s) for return to COUNTY shall be the sole responsibility of CITY. COUNTY, through its Maintenance Transit Manager, shall have the right to inspect and to approve the condition of the Vehicle(s) prior to COUNTY's 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. Following the initial inspection, COUNTY shall have thirty (30) calendar days following the return of the Vehicle(s), to conduct additional inspections of the Vehicle(s) and notify CITY of any additional damage or defects to the Vehicle(s). In the event the COUNTY should determine that the Vehicle(s) is not in the same condition as it was when delivered to CITY, normal wear and tear excepted, COUNTY will notify CITY in writing and include relevant inspection reports, studies and any other documentation that support such findings. CITY shall be - 29 - responsible for all costs and expenses, needed, in COUNTY's sole determination, to remedy any and all deficiencies due to CITY's use of the Vehicle(s). In the event that CITY fails to make any repairs or remedy any deficiencies as required in this Section, COUNTY may repair, or cause the repairs to be made, and CITY shall be responsible for all of COUNTY's costs. CITY shall pay COUNTY for all such costs within thirty (30) days of receipt of any invoices. The obligations of this section shall survive the expiration or earlier termination of this Agreement. ARTICLE 10 EEO COMPLIANCE 10.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. CITY shall comply with all applicable requirements of the Broward County Business Enterprise ("CBE") Program in the award and administration of this Agreement. Failure by CITY to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the COUNTY, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Broward County Code of Ordinances, or under the Broward County Administrative Code, or under applicable law, with all of such remedies being cumulative. CITY shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY deems appropriate. CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of Chapter 16'/, Broward County Code of Ordinances. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY shall take affirmative steps to prevent discrimination in employment against disabled persons. - 30 - By execution of this Agreement, CITY represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from CITY all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. ARTICLE 11 TITLE VI By execution of this Agreement, CITY, as a subrecipient of FTA financial assistance, adopts Exhibit "H" as their Title VI Program. CITY shall ensure that Community Bus Services and related benefits shall be distributed in an equitable manner with no discrimination on the grounds of race, color, or national origin in compliance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. ("Title VI") and 49 C.F.R. part 21. CITY shall provide information to the public regarding the Title VI complaint procedures and apprise members of the public of protections against discrimination afforded to them by Title VI, including, but not limited to posting notices on its Vehicle(s), website, and bus schedules. CITY shall permit COUNTY to monitor CITY for Title VI compliance in accordance with the Title VI Program and shall take all actions which may be required to maintain compliance with Title VI. ARTICLE 12 MISCELLANEOUS 12.1 RIGHTS IN DOCUMENTS AND WORK 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, and, if a copyright is claimed, CITY grants to COUNTY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. - 31 - 12.2 PUBLIC RECORDS COUNTY is a public agency subject to Chapter 119, Florida Statutes. To the extent CITY is a contractor acting on behalf of the COUNTY pursuant to Section 119.0701, Florida Statutes, CITY shall: 12.2.1 Keep and maintain public records that ordinarily and necessarily would be required to be kept and maintained by COUNTY were COUNTY performing the services under this Agreement; 12.2.2 Provide the public with access to such public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 12.2.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 12.2.4 Meet all requirements for retaining public records and transfer to COUNTY, at no cost, all public records in possession of CITY upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology systems of COUNTY. The failure of CITY to comply with the provisions set forth in this Section shall constitute a default and breach of this Agreement and COUNTY shall enforce the default in accordance with the provisions set forth in Article 10. 12.3 AUDIT RIGHTS, AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY and its subcontractors that are related to this Project. CITY and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CITY and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CITY or its subcontractor, as applicable, shall make same available at no cost to COUNTY in written form. CITY and its subcontractors shall preserve and make available, at reasonable times for examination and audit b COUNTY all financial records supporting Y PP 9 documents, statistical records, and any other documents pertinent to this - 32 - Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, 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. 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. CITY shall ensure that the requirements of this Section 12.3 are included in all agreements with its subcontractor(s). 12.4 PUBLIC ENTITY CRIME ACT CITY represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY, and may not transact any business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CITY further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CITY has been placed on the convicted vendor list. 12.5 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, - 33 - employees, or agents of COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CITY or CITY's agents any authority of any kind to bind COUNTY in any respect whatsoever. 12.6 THIRD PARTY BENEFICIARIES Neither CITY nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 12.7 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 sent by commercial express carrier with acknowledgement of delivery, 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 COUNTY: Director Broward County Transit Division One North University Drive, Suite 3100A Plantation, FL 33324 FOR CITY: City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33304 12.8 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, CITY shall not subcontract an portion of the work required b this any q Y Agreement, except authorized herein. Notwithstanding the Termination provision - 34 - of this Agreement, COUNTY may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by CITY of this Agreement or any right or interest herein without COUNTY's written consent. CITY represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 12.9 CONFLICTS Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of CITY's officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he, she, or CITY is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude CITY or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event CITY is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, CITY shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as CITY. 12.10 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and - 35 - obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.11 COMPLIANCE WITH LAWS CITY shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 12.12 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 12.13 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 12.14 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, - 36 - unless the reference is made to a particular subsection or subparagraph of such Section or Article. 12.15 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 Articles 1 through 13 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 13 shall prevail and be given effect. 12.16 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 12.17 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. 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 or others delegated authority to or otherwise authorized to execute same on their behalf. - 37 - 12.18 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 12.19 PAYABLE INTEREST 12.19.1 Payment of Interest. Except as required by the Broward County Prompt Payment Ordinance, COUNTY shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof CITY waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 12.19.2 Rate of Interest. In any instance where the prohibition or limitations of Section 12.19.1 are determined to be invalid or unenforceable, the annual rate of interest payable by COUNTY under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 12.20 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits "A", "B", "C", "D", "E", "F", "G", and "H" are incorporated into and made a part of this Agreement. 12.21 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 12.22 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. - 38 - IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the 12th day of August 20, 2014 and CITY OF DANIA BEACH, signing by and through its City Manager, duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its County Administrator By County Administrator day of , 20 Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954) 357-7600 Risk Management Division Telecopier: (954) 357-7641 By By Signature (Date) Sharon V. Thorsen (Date) SeniorAssistant County Attorney Print Name and Title above SVT:dmv community bus 2014(repaired)-dania beach 07/30/14 07/17/14 14-114.05 - 39 - AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY BUS SERVICE CITY: ATTEST: CITY OF DANIA BEACH By: Louise Stilson, City Clerk Robert Baldwin, City Manager day of , 20 (CORPORATE SEAL) APPROVED AS TO FORM: By: Tom Ansbro, City Attorney I -40 - EXHIBIT "A" Routes — Schedules & Maps 0 w MMYMMmp ' u T J lv"®aaA !�'�� � 3mY0GA00wxn ti b i ssm�o` 3937Mgl101•V•311YSe c HWM Yee m ® M19111Y3I1 ®� � �■ �'p��� W !GAIN IMm Von �� b $ oo 3 O 30Y93S114WMW NYGAB10© x t� 311Y43S715NIOMM i3 IS0139231WC38 t3 i[ vzwmkwmwm 3EsavA. 3010 !34 M0Y33 ®I �'- MYBHm19MYmIY6® SE.3A*. S 1ST G G mMYd31M MI 8 Y O O L1a SdBtBAt NT90 YMNO�w 8 Y- �i r C SUM '.,.,� 31UIl3M71l33w WNWVILVOM .o. ti ae.raYAo .33ME. X 5 C �0 W axME Tra wa $ MDY3BYMIY00 owallAw Affi A00Nla'0m00. 3WMmY�• � $dS 3hY{fM9lOYMI!!18SWZSAVE � 3W u0Y3l0MM WAm w i i3 : $ GAMY► s N33ADAYE W SEu0 t.. G �� r d O com m00M om®a F3 Tm e g a 3AY t4l0440MM�19m SW31ME � E/r 7YM-OlJmOdMIYdV©� � w 8 MP:aE Nq W M NOW 3MU104000mm a o "ate® s fill I swaoAAE NseAti£ IN1StNN® sWut6K $ M.IIRM7�B4m0�W 2a � - m EXHIBIT "B" DRUG & ALCOHOL MODEL EXHIBIT "B" DRUG FREE WORKPLACE CERTIFICATION The undereWW vendor hereby cwff s that it vWk provide a dn+gdree workplace,pmgram W_ (1) Publishing a statement notlfyhg Its employees that the unlawful mannubmwe,distribution,dispensing,possession,or use of a controlled substance le prohibited in the oifecv vorkplace,and specs ft the actions that A be talmn egairsd employees for violations of such prohibition. (2) FstabOOft a oonttrsrhp drug4ree awerana progrem to hnfarm its empbyeaa about: (1) The dangers of dng abuse In the workplace; (II) 'The offerorls policy of mainlahring a drug-free vmkpkmK (M) Any available drug counseting,rehabrlitelion,and employee asatshrme programs:and (Iv) The penaltlas d*may be Imposed upon employees for drug mouse vicloWns oaxurhecg In the vxrkpbm (3) Giving at employees engaged In palbnnwnce d the aor' or a copy of the statanrent mwirad by subparagraph(t); (4) Notifying all employees,hnw fig,of tits statement required by subparagraph(iN that as a conQiSon of employment on a m wered contract the employee shot (I) Abide by the farms dike atetennent and (ti) Nolly the amployer in wdtfig d the employee's conviction of,at plea of guts►or nob ootrtenndene to,any violation of Chapter M or dory c onh oled substance law d the United States or d any stelae,for a vblaticn oomaring In the workpiaos NO laterthanfive days after such corM dlon. (5) Notifying Broward Caccny government in vttling vAhI n 10 c alen cler days after revolving modes under Subdivision(4)(ti)abom from an employee or othetw he receiving adud notice of such cwAcdicn. The notice shall include the posillon We of the employee; (6) WEdn 30 calendar days after receiving nonce under subparagraph(4)of a co victbn,tuft one of the 1okwm actions with respect to an employee who is mnvicied of e drug above violation occw*g In the workpkm (I) Taking eRmpriete personnel acgon gWrO such empbye%up to and termhollar,or (ii) Raquirhng such ernpbyse b panikats sallsfactoriy 'ar program epprnvad for stwh pwpnn by a federal,stalls.or' .lati+ ' oriew appropdata agency; and (T) Malting a good fal0n effort lo mehnfeln a drug-fres worisptaoe p. - (1)trough ft L fno`sines o Inc. tit _. '�`t�k- Florida,.. Florida (Print Vamkw Name) STATE OF couNTY of Broward The foregoing instrument was admo*Wpd bdbm me tits 14 fty or August ,20 14 by Mark I eYitt (Name of person whoa eignalure Is being notarized) as Vice President of Limousines of South Florida, Inc. ("am Of Corpo"11110FUCOMIP") known"e to ba#w person described herein,or who produced F (Type of iden wastion) 1 as tdenlficefi m.and who dldhld not take an oath. ,,,�t1t111!/�,�f AR MOO ,y - .. Ne. My commission expires: Ofl�t���. (OVMi4) EXHIBIT "C" SCHEDULE OF REPORTS Z Irk .s r acmo m � o y. C7 S co s � � - CL m g m 'Q 4 n• a _ a °° E to SE H '' S4 EE chi zmAL > o c m E m v qISs m m mCOLg m z $ E 42 10 EXHIBIT "D" VEHICLES & EQUIPMENT (CAD/AVL) INVENTORY EXHIBIT "'D" City of Dania Beach Vehicle(s) Operating in Dania Beach Leased Vehicles for Fiscal Year 2015 Vehicle# Year Make Seats Asset VIN M1072 2010 ElDorado Aerotech 240 16/2 306533 1 FDFE4FPXADA32385 M1374 2013 ENCAerotech 16/2 316406 1GB6G5BL8D1124421 (08/2014) 4YIrV1 lat"1 1aRVr' RB'lr%l"I'l SECTION 320.0605,Florida Statutes,requires this registration certificate or an official copy or a he copy of a rental or lease agreement issued for the motor vehicle described he in possession of the operator or carried in the vehicle while the vehicle is being used-or operated on the highways or streets of this state. ` SECTION 116.613,Florida Statutes,requires every operator of a motor vehicle while transporting a,child.in a passenger car,van or pickup truck registered in this state and operated on the highways of this state,shall,if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested,federally approved child restraint device. For children aged through 3 years,such restraint device must be a separate carrier or aVehice manufacturer's integrated child seat,for children aged 4 through 5 years, a separate carrier or seat belt may be used. SECTION 627.733,Florida Statutes,requires mandatory Florida No-Fault Insurance to be maintained continuously throughout the entire registration period;failure to maintain the required coverage could result in suspension of your driver license and registration. Mail To: BROWARD COUNTY BOARD OF COUNTY Important note:If you cancel the insurance for this vebicle, COMMiSIONERS immediately return the license plate from this registration to a Florida 3201 W COPANS RD driver license or tax collector office or mail it to:Dept.of Highway POMPANO BCH,FL 33069 Safety,Return Tags,2900 Apalachee Parkway,Tallahassee,FL 32399. Surrendering the plate will prevent your driving privilege from being suspended. CUAGY 10 /6 T# 62000097 LORIDA VEHICLE REGISTRATION B# 1179662 ,ATE TC3766 DECAL Expires NO EXPIRATION %W 20101ELDR BODY BU Reg.Tax 48.85 Class Code 97 N 1 FDFE4FPXADA32365 TITLE 104152WT hut.Reg. Tax Months 12 ate Type NVR Wr WT 10400 GV W 14500 County Fee 3.00 Back Tax Mos Mail Fee Credit Class JFEID 566000531-M 2ND DL# M1072 Sales Tax Credit Months tee Issued 4115R010 Plate Issued W5=0 Voluntary Fees Grand Total 51.85 IMPORTANT INFORMATION ROWARD COUNTY BOARD OF COUNTY I, The Florida license plate must remain with the registrant upon sale of vehicle. OMMISIONERS 2. The registration must be delivered to aTax Collector or Tag Agent for transfer to *1 W COPANS RD a replacement vehicle. OMPANO BCN,FL 33069 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. VR-COUNTY VEHICLES PLATE ISSUED X 10 6 YLT 2904 Nil III L 1831799 620004434 00044 2000993E I STATE OF FLORIDA nuarr. APPLICATION FOR VEHIC EIVESSEL � CERTIFICATE OFTME TITLE NUMBER VEKKXLYESSEL IDENTIFICATION I YR.MAKE MANUFACTURER TYPE VEHCLE COLOR W r&SNIM ONMIIoC 10052007 IFi)FE4PPXADA32395 2010 ELDR 7BU �� l0400 QATE OF MO. OAT Y1•UE CODE ERI VEHICLE USE MA ULLLIN PROM 11 SION FUEL WATER FL NUMBEST TYPE 04 15 10 ORT PRIVATEF -T 80MIDATE RESIDENT CMTY SEX NO DAY YEAR Y N ALIEN RES.o AM1wYDA WS NM 6 Addmes BROWARD COUNTY BOARD OF COUNTY COMMISIONERS X ( !0 3201 W COPANS RD --�--� POMPANO WK FL 33069 IS OWNER RAXA OR a,d OWNER RIDLA OR F.El.DA LW# 566=31-01 7 V WTARY CONTRIBUTIONS �— AGENCY TITLE FEE SALES TAX GRAND TOTAL j FEE ' - 4.75 73.50 0.00 7$.25 AcCica Requested: ORIO NEW Tl7LE scan": PREV.STATE OATEAOQUIRFD NEW JUSED I ODOMETER IVESSEL MANLIFACTURER ODOMETER 03/1 BI2010 XX 1.646 MII.FS 03I1 BJ2010 ACTUAL ❑ DECLAPA� LIEN INFORMATION DATE OF LIEN RECENED GATE FEID A OR FL!DL AND SEX AND DATE OF BIRTH UMV ACCOUNT A MANE OF FIRST LENHOLOER: ADORES SALYAGETYPE SELLER NFORMATION NAME OF SELLER,RAIIIDA DEALER.OR OTHER PREVIOUS OWNER IIooFtEss DEALER LICENSE NO. CONKMAER OR SALES TAX EXEMPTION 0 16 0319.473553C AND SE ItDI;ATETOTAL FUAd1A6EPRDE.kv0.UDINGANY : REP R SALES TAX U O T UNPAD BALANCE DUE SELLEI,BARK OR OTHERS ; Tamer= or Trimm ® PURC91AS m Hoxos VA= IS ZMEM T FROM MOWTION CERTIFICATE INDICATE SALES OR USE TAX DUE AS PROVIDED BY CHAPTER S 0.001 YLORIDA SRLES OR ❑ VEHICLE" / VZ&MM KZJA. BE IDL FLORIDA STATUTES USIX TRX FOR TBE USED zxcLv8IVELZ FOR RtNIML jIFa1S01>)(91 caEC D ® T 2mm EXEMPT ❑ 811M.LI320 PRICE VERiFILD RPPLICAM C9WITICAMION WIN ASP+EMCWMFtDWTNKVBVMENWILTOOE:TIRB VWLWtMOPOW WIPONTHEPu7Ul'MQWNAYAINATlMMSQFTNOSTALE ILoWTRWTHECOffIPICJIMOFTMJEBLOBWTO®R $I ICoKIIFYTW N9MOTORLIMN RMPOWMW UPON OQAILTOFTIMLONIM&NMMIN AND IGWIVINYYPOi6tS101t mHLIMYCMWYDWTVNAILIRPISL.VOWTMANWEMCAOEDWONCLU NOE.AADItAKEAPPLMAIMIFGRVTLLFLMIEYOD=o DT MMEIoY�MaTWXBM aaAINlO�pNTBI uelBMTRIaIENIeNavINgTNltA>JICLENlASD.dFsc�AsovEAIDIIIAOY LAs�1+ATATE IILe P1rI11MN1A0IIeEm o�slrnTNi vneAoswsrAILL41JIed MUM 11BYLLTMSO/PINLRO IMOANETWIIYpIEir'WTHEFMOORGOOO IMPIWI ]TMATTMFACN1ifARvN11TNETAI` Sipom o1 Appkw*40~ Hprellxe d owner HSMV QW1 REVISM MMS ASPORTAN r R4FORMA1I0N SWnON 320 0605,Florida Stslutes,regwrca this rrghlhadan ontificate air an offnal copy or'e true copy of a rental or leme apeement imhied for the motor vehicle described be in possession of the operator or carried In the vehide while the vehicle is being used or operated an the highways or strata of this Oft j SECTION 316.613,Florida 9tabd es, ,jr It a sway operator of a motor vehicle while C M 13�"� traoa w ft a child in apameoger car,van a pickup turd ragisteaed in this stale and lAs.� ` 11 opecebed on the highways of this stale,shall,if the duld is s yaw of age or yaunM provide tar potecdm of the child by properly uft a cmdi-tad,fedaaliy approved child restraint device. For children aged through 3 years,such restralot device must be a separate carter or a vtdcde mmmbcwm%iteegrated child seat;for ddki m aged 4 through 5 years, a separate oaaio<or we belt may be used. SECTION 627.733,Floes Stabiles,:squires mandatory Florida No.Fault Inscuaoee to be mah9sioed coadmwusly throughout the Bathe agi stzation period;hMkm to maintain the required coverage could mmdt in suspension ofyour driver license and agishffiiom Mail To: BROVMRD COUNTY BOARD OF COUNTY Important note:Wyou cancel the insurance for this vddcly COMMSIONERS immedidely reprn the license plate from this n gbastion to a Florida 3201 W COPANS RD driver license or to collator office or mac it to:Dept.of Highway Safeq', POIIFMNO BCH,FL 33M Retum Tags,2900 Apabdm Parkway,Tallabeasm FL 32399. •Smwdwbg the Plate will prcwent your driving pfvhlege flam being CO(AGY I0 /1 Tf 765595127 FLORMA VEHICLE REGISTRAnON B# I2872I6 PLATE TCMO DECAL F.ap m NO EXPIRATION YR lv% 20131ELDO BODY BU COLOR WHI Reg.Tax 48.95 Claw Code 97 VIN 10BBW5BL6D1124421 Tfru 11203306 lint.Rig Thar Months 12 Plate I'Pe NVR NET WT 104M Countyy Fee 3.00 Back Tax Mm Marl Fee Credit Class DL/FEID 56600053141 Saks Tax Credit Months Date Issued 818i1013 Plate Issued VIM 3 Whtutary Fees Grand Total 51.85 Ad PORTANT INFORMATION 13ROWARD COUNTY BOARD OF COUNTY 1. The Flarida license plate must remain with the regiehuot upon sale of vdhielo. COMMISIONERS 2. The mgishadm must be delivered to aTax Color or Tag Agmt for tmnsfer to 3201 W COPANS RD a replocemist vesicle. POMPANO BCH,FL 33M 3. Your nogjubadm mast be updated to your new address within 20 days of moving. 4. RagisuWm renewals are the xegmdbrliay of the registrant and shall ooar during the 30-day period prior to the expbedon data shown on this registration Rahewal notices are provided as a courtesy and are not required for renewal purposes. NVR-COUNTY VEHICLES PLATE ISSUED X p10 1 If TO162353111594 AUDITS STATE OF FLORIDA 1297216 APPLICA13ON FOR VEHICLElVESSEL $' 19372121 CERTIFICATE OF TITLE _ 7RI.@NUMBHR mocurviomIDENTric— ION# YR.MNM Vm4CLECOLOR AN YYfII.E mw GVIANl00 MUFACTURO. TYPE 112523306 riamomalli=1 20I3 E1.D0 $U 10480 DATE OF ISSUE TRANS VE I E Un NULL PROP"OPI FM - VMEL vwm --FLJNUMBER AM MD. DAY YEAR CODE MIQERIAL TYPO DESTRUCTION OS 08 13 ORT Pmvm BIRUMM RESIDENT CIM SEX MO. DAY YEAR Y N ALIEN Rom,# AW=nVOmvftNww BAddMwt BROWARD COUNWBOARD OF COUNTY COMMISIONEBS 3201 W COFANS RD I I I I I-1—�- 10MPANO BC K FL 33069 Id OWNER LN OR 2nd OWNER FSUDLS OR 566000531-01 II,,, _—. .._._..........__......_..�eounVnaRY�oNse�aunoNs. .. .._.___—.__..___. ..._...—._ —• --- --.- ACeNCY TITLE FER SAtESTAX GRAND TOTAL FEE 4.75 73.50 0.00 [=78X Action Requested: OKGN13R►InU Brmwmi PREV.STATE DAIEACDURED NEW USED ODOMETER IVESBELMAKFACTURER ODOMETER DECLARATION CER7i{CA7fQN 07AM013 XX 1,742MMES07/11/2013ACTUAL ❑ LIEN INFORMATION DATE OF LIEN RECEIVED DATE FEE f OR FL/GLAND SEXAMO DATE OF BIRTH DMVACCOUNT s NAVE up MST UEINNDLDER: ADDRM IIALIDIOE TYPE SELLER INFORMATION MAME OF SELLER,FLORDADEALER,OR OTHER PREVIOUS OYYNER ADDRESS DEALER LICENSE NO. [CONSUMER OR SALES TALC ElIEMPTION# 603019M SALES TAX AND USE REPORT I NRNDETOTAL>:URCDUE e�L>R.eCE.I G1 OTHERS I �SIM OF R'IT= � ?�» WLDS VALID i IS Res vim Z6io'1'um CiAi'I7'IQ'1'i INOr_gE SALES ORUSETAXDUEAS PROVIDED EYCHAFFER S 0.00 FLORIDA SMILES OR ❑ VZZICTJ / VSSIsz 11XLL 8Z PIXFLORIDAM TUTES lum UK Fm 'PSE UMW ZZCLVMXVZLI FOR RINIML ZFi11 M(S) C=Cmw N n guaR B mm" Cl BZLLZM PRICE VZRINIM A"LIC>tiDl'P CZRTZ]rxCATIOT MIIMNIMINk GEM"THATTHEVEMLEVEN 1T0011TITLROWUM4 MO MMIMUFMTWROXINIM MMRIMOMOFRIMipm ��li7FIR!'YTERiTTN`��CIEm71TtdifLOETOlEfA7ROM� 14ETM�YTHAT Tlld MOTOR vRIMOLRANM�MMM RitOMNiMM�1loM OHRW.T Q 771M LRII MMTMLIMMRTAIR7 R NOTy MI MIY POMM�'rOM. ICE M!►6YQkTE'T7MATIIwR LNMIRILLYOMB7NENOYEaiC�1 M NOt MMIfNRiCR11a110R lITLt IFLIEI M ENO IgTlq N IMIQET OIYIM TNAi TIR7t IM AN EMIMTINS IEMTTEE LIOI#IMTNINMINT MwuMO TTRYfMadMOMR OET�IAROYlANp NSD MYLEHEi4OMR iXCMI JNORI.IME RRflMkRA�M TO fgMI0TN1 TRf!AOAMMTALI.OUIIMIM• UOMPMIMLU M OFPEiMMW.I MECLAME THAT i HAN N=THE F41000M0 DOCIRIMI AM 7MIMI TNM PWM S M1fO Al R ARM TRRIR. WpnIiMMaA�ar tlOwrr w4po MafAxdcwwco*mel NSMV MNf REVISED WM SCAN CODE mn EXHIBIT "E" PRE & POST TRIP INSPECTIONS INFORMATION eBABBOFcaBlnooBIIBNN�Ne� I I OMSial OF MASS TRANSIT NBBMIINIII�R,R�11 Y. iMNNPORTAT>bIN B�AiIf�ENT bPBiATORS'BUS PRE-BLOPMON REPOITT- OPERATOR'S BUS DEFECT REPORT NAME DdlTlat BNis 1ND.: RUN NML:_ j i NAME DATE AKNff r WAAA AUNT Lm NO;oE Tom: TMeaAR j NONE NO AC AN M6 mom) NIEFLER LOOBE ,[00i DANI+►9E YraN ym NO NEAT LEANS LIR .NOT RE in in■6 Plies ` TMLIMLONSE Fool pIIR1116EQ/iNM. NO BIiNIBOUi NDISV Im M1TS Naf R1osISTERNIG PAAKNN; FLAT TKILOW All BA N'f HOC[ LIARB SIINFiNB ' No REAoour Nor Lus NUTS PINls OL AIR Ro NTEIa odl MOM HARD SNIFTiN6 lNNBIBNBETaI IYDN'T 1BAIIr 9t9E ,�IATURe °�: ww,RNIN9YE OIL FULL$Lm NOISY ,Maus arB11111 o� sP®aNL�TER WwT TRANSNNT No REVERSE NEAfJlIARTB Too rAar.' FT TENIPEIIATNRE WON'T Rm StiPPINs ■DNB=: .,�,� TDosaQrr• -B YoITS OTO - all LEAK NANEIMMI I CM :" Ono i KFADLIGIITS IN FAST WONT SNRR HARE RO)I SEIEttINE EBB NOl9fATiME i DONE TOa SLAIN NAOIQ� f TAK lINIIiIOE iNB m svioms.. NYRIGENSNiN WONT CLOSE ow TIBBi S16. NO Pffm CNR SEAT FAAENUI SENSITIVE EDGE NNNwTw WNRE". ammum. .. ...W RAT TANJNRAKE WON'T" J. STREAKS NSNE SMOIO,d .:. . PAS TO SKi NO POa . Air SEAT B91i�E tEFi Nsmie uxiff iBITAg11B LOCK i DASNIQAAO OVERINATS SEAT MELT ou m mw WATERAM.iSK IYllm j SwIOKfS hROM FRmiT NNE DUN LEFT. BARD START WOMAN Lad( r" awrata,E SNNNUfI QRSNE.RNitT IVATEN/aN.LEAK NARa S�AF: BR®I LflE ON u ' 6 Va ❑NN FROBi NOIS`I LOOSE BURK'EACii DEFECT WK AN X N BOX. RFAR WORT DW SINNw IF OA E OK;POT'AI!X N TIE oK BOX. . i NARK EACH DEM WiTH AB z N BOK IF NNS IS OK PUT X N OK KX oym nsa ElIA0181 IL1fli. RNT1f NAI1SBTr NAXII I 018 ffBAS ACCLLEAIITM IBM. owy lie ARM yIAI 1�• swim.. DRUMM sTlPm—lTmm ACIX{ERATpI PEDAL ONTTIf OUTSIDE ROOF NATd1 PABBNINBEASIBNINI JIBRN tieBNBw1FrIBANBP CBNNPANO:BBORB ND TiBANBIn NISEM DIRTY NISIGE BARB RAIL FLMRV• ' iRSRE001TBATNNL wacciwzw�j + PASSIXER SIGNAL 6RAm STEPS—FINITIREAR CONNw.oDms NQIN VISOR f ADBITENAL NNPONNiATM FLOUR NUIT Na TRWIGLES NO ACC.PM ET ADDIT10K M N ATiON NOTES: Tm-2a 2A� �f y o MARK AREAS 0 0 0 FBODY DAMAGE ONTHEBUS ILIUST MON EXHIBIT "F" REVENUE SERVICE HOURS & INVOICE EXHIBIT "F" City of Dania Beach Operating Funding Fiscal Year 2015 Community Bus Service -(15.00/Hour) Buses Service Span of Service Frequency Daily Service Days Funding Per Annual Funding Hours Revenue Hour 2 Weekday 9:OOa-5:55p 60 min 17.28 258 $15.00 $ 66,873.60 2 Saturdays 9:OOa-5:55p 60 min 17.28 52 $15.00 $ 13,478.40 Total Annual Funding $ 80,362.00 EXHIBIT "G" INSURANCE CERTIFICATE Insurance Requirement The following coverage is deemed the minimum insurance required for this project. The selected firm must be prepared to provide roof of insurance commensurate with or in excess of this requirement.Any deviation is subject to the approval of Risk Management TYPE OF INSURANCE h Each Occurrence Aggregate COMMERCIAL GENERAL LIABILITY Bodily Injury Broad form or equivalent With no exclusions or limitations for. Property Damage [x] Premises—Operations $1 mil $2 mil [x] Explosion, Collapse, Underground Hazards Combined single limit [x] Products/Completed Operations Hazard Bodily Injury& [x] Contractual Insurance Property Damage [x] Independent Contractors [x] Personal Injury [ ]Other Personal Injury BUSINESS AUTO LIABILITY* Bodily Injury(each COMPREHENSIVE FORM person) [x] Owned Bodily Injury(each [x] Hired accident) [x] Non-owned [x] Scheduled Property Damage [x] Any Auto Combined single limit $1 mil Bodily Injury& Property Damage EXCESS/UMBRELLA LIABILITY Follow form basis or May be used to supplement minimum Add'I insd endorse- liability coverage requirements. ment is required [x]WORKERS'COMPENSATION Chapter 440 FS U.S. Longshoremen& ff exempt: State Exemption Certificate or letter STATUTORY Harbor workers'Act& on company letterhead is required. Jones Act is required each accident $500 k for any activities on or [x]EMPLOYERS'LIABILITY ( ) about navigable water [ ] PROFESSIONAL LIABILITY(E& O) (each accident) Extended coverage period [ ] BUILDER'S RISK (PROPERTY) Maximum Deductible: $10 k Completed "ALL RISK"WITH WIND AND FLOOD DED for WIND or WIND & FLOOD not to Value Coverage must remain in force until written exceed 5% of completed value final acceptance by County. form CONTRACTOR IS RESPONSIBLE FOR DEDUCTIBLE [ ] Installation floater Maximum Deductible: $10 k Coverage must be"All Risk", completed value. Completed Coverage must remain in force until written CONTRACTOR Value F RESPONSIBLE FOR final acceptance by County. DEDUCTIBLE form DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES REFERENCE: Community Bus Service- BCT CERTIFICATE HOLDER: Broward County 115 South Andrews Avenue Fort Lauderdale, FL 33301 Attn: Moji Oderinde-BCT Risk Management Division Revised 2013 CERTIFICATE OF COVERAGE ISSUED ON: 10/9/2013 COVMAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER:PK FL1 006200113-12 COVERAGE PERIOD:10/1/2013 TO 10/V201412:01 AM COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage period indicated.Notwithstanding any requirement,tens or Condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded by the agreement described herein subject to all the terms,exclusions and conditions of such agreement Mail to:Certificate Holder Designated Member Broward County City of Dania Blow* Broward County Transit Division 100 West Dana Beach Blvd One N.University Drive,Room 3100A Plantation,FL 33324 Dania Beach,FL 33W4 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER:WC FL1 006200113-10 and Personal Injury Limit$1,000,000 $0 Deductible Self Insured Workers'Compensation X Public Officials Liability Limit$1,000,000 $15,000 Deductible X Statutory Workers'Compensation X Employment Practices Liability Limit$1,000,000 $10,000 Deductible X Employers Liability X Employee Benefits Liability $1,000,000 Each Accident $1,000,000 By Disease Lim Aggregate it$1,000,000 $0 Deductible $1,000,000 Aggregate Disease Law Enforcement Liability Limit PROPERTY COVERAGE AUTOMOBILE COVERAGE X Bm7dings&Personal Property Automobile Lability Per schedule on file with $2,500 Deductible Limit$1,000,000 $0 Deductible TrustLimit X AllOwned Note:See coverage agreement for details on wind,flood and other Specifically Described Autos deductibles. X Rented,Borrowed and Leased Equipment X Hired Autos Limit$50,000 TIV See Schedule for Deductible X Non-Owned Autos r I X AN other Marine Automobile Physical Damage Limit Island TN See Schedule for Deductible X Comprehensive See Schedule for Deductible X Collision See Schedule for Deductible X Hired Auto with limit of$35,000 Garage Keepers Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE:The most we will pay is further limited by the limitations set forth in Section 768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of the loss. Description of Operations!Locations/Vehieles/Specad items: Certificate holder is listed as an additional covered party per the attached PGrr 902 Form with nsapeds to the Broward Courtly Transit Division forthe Bus Agreement. TTus section completed by manber's agar who bears complete.responstbdity and liability for to accuracy. 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 attar the coverage afforded by the agreement above. Adrruniabator CANCELLATIONS PrrbRL:Risk Uaderwri6ws® SHOULD ANY PART OF THE ABOVE DESCRIBED AGREELIENT BE CANCELLID BEFORE THE EXPIRATION DATE THEREOF,PREFERRED GOVE MENTAL INSURANCE TRUST WILL ENDEAVOR TO MAI.O DAYS WRITTEN P.O.Box 666465 NanCE.OR 10 DAYS WRITTEN NOTICE FOR NUN-PAYMENT OF PRFNWK TO THE CERTIFICATE HOLDER Lake Noy,FL 327111641liM NAMED ABOVE.BUT FAILURE TO MAIL SUCHNO'nCE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES. Producer a f�V Public Risk Insurance Agency P.O.Box 2416 Daytona Beach,fL 3211E AUMRUMD REPRESENTATIVE PGIT CERT(11/09)PRINT FORM 10/9/2013 PUBLIC ENTITY AUTOMATIC ADDITIONAL COVERED PARTIES THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM,PGIT 300, the GENERAL LIABILITY COVERAGE FORM,PGIT 200 and the PROPERTY AND INLAND MARINE COVERAGE FORM,PGIT 104 Where indicated by(x)below,coverage applies to the person(s)or organization(s)as their interest may appear. The provisions in this endorsement do not supersede Florida Statute 768.28,Article 10§13 of the Florida Constitution,or any other Statute or law limiting whom a Public Entity can indemnify. _A ADDITIONAL COVERED PARTY-BY CONTRACT,AGREEMENT OR PERMIT SECTION I-WHO IS A COVERED PARTY is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with whom you agree in a written"insured contract'to name as a Covered Party,but only with respect to liability arising, in whole or in part,out of your operations,"your work"or facilities owned or used by you. The coverage afforded to the Additional Covered Party does not apply: (1) Unless the written"insured contract',agreement or permit was executed prior to the"bodily injury," "property damage,""personal injury"or"advertising injury;" (2) To any person(s)or organization(s)included as a Covered Party under this coverage agreement or by an endorsement made part of this coverage agreement. ,L ADDITIONAL COVERED PARTY-OWNERS OF LEASED EQUIPMENT SECTION II-WHO IS A COVERED PARTY is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with whom you agree in a written equipment lease or rental agreement to name as a Covered Party,but only with respect to liability arising out of the sole negligence of the Covered Party,and only while such equipment is in the care,custody or control of the Covered Party,or any employee or agent of the Covered Party. The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury"or"property damage"occurring after you cease to lease or rent the equipment; (2) "Bodily injury"or"property damage"arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage"to: (a) Property owned, used,occupied by,or rented to the Additional Covered Party; (b) Property in the care,custody or control of the Additional Covered Party or its employees or agents,or of which the Additional Covered Party,its employees or agents are for any purpose exercising physical control. PGIT 902(10 09) Page 1 JL ADDITIONAL COVERED PARTY-MANAGERS OR LESSORS OF PREMISES SECTION II-WHO IS A COVERED PARTY is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Parry)with whom you agree in a written agreement to name as a Covered Party,but only with respect to liability arising, in whole or in part,out of the"premises"leased to you by such person(s)or organization(s). The coverage afforded to the Additional Covered Parry does not apply to: (1) "Bodily injury"or"property damage"occurring after you cease to be a tenant in that"premises"; (2) "Bodily injury"or"property damage"arising out of any negligence of the Additional Covered Party; (3) Structural alterations,new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage"to: (a) Property owned,used,occupied by,or rented to the Additional Covered Party; (b) Property in the care,custody or control of the Additional Covered Parry or its employees or agents,or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. Notwithstanding any other provision of this agreement, nothing in this agreement shall be construed as a waiver of the Covered Party's sovereign immunity nor shall any provision of this agreement increase the liability of the covered party, or the sums for which the covered party may be liable, beyond the limits provided in§768.28, Florida Statutes. I PGIT 902(10 09) Page 2 VArtKVr " d CERTIFICATE OF LIABILITY INSURANCE D"MY' 61Z12014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTAR, THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TH9 ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT.If the ccrfificate holder is an ADDITIONAL INSURED,the policy(lea)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsemarli.A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsemen e. —.419Cr PRODUCER NAUL 14100.277-1620 x4SW 727-797-0704 IAT.Iwl1e IAK.A.R FRANKCRUM INSURANCE AGENCY,INC caou.. 100 S MISSOURI AVE. IMSURERIS)AFFORDING C vm—QE NAICN CLEARWATER FL 33756 INSURER A: FRANK VANSTON CRUM INSURANCE CO. 111X10 INSURED IDSUFL R B 'G+URcRr FrankCrum 1.8Do-277-1020 NSUaCR D 100 S MISSOURI AVENUE kJ%JFF4_ _ CLEARWATER FL 33756 I NSURER F: COVERAGES CERTa-ICATt NUMBER, ?47657 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW)IAVE BLLN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WMISTANDM ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 7116 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDMONS OF SUCH POtIOEB.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFINa1R1ANCE ADD! eUBR POLICY NIIBBER POUCY EFF POLIOYgIP Lane Nea IWD pIIRGtYYY4Y1 4101werf"Y1 GENNAL LMILIrY EACHDcataRRERCa f E7AMADE ronBNrEo COAOAHtC40%GENERAL UABUIV MldeeEe ayn _ LL =,a" =OCCUR I nP-0E7a' pw t PERsrxW aAwwuRY GENERAL AGGREGATE t GENL AGGREGATE UwrwpuESPEat coucre- me S Paltcv tc. I a 5 *t.IRTI ALI14- aaLVA*J" AW AUTO booLY IN.BRRft Pw2w 6 A1.1108 AUTOS NO0. MED IYtaPeRTY DAMAGE IMSDAUT03 Aulm S 4 UMBRI ULUAS OCCUR EMMOCCENERUCE EMCM UAB oLAUIa MADF A139F EUTIC S t>® NETENTtoN a s A vroRRERs coREreReAnoR AND VVC2014000M 11112014 11112016 X TO�A1�lAIM BR CAMLOYEIW UABLITY ANY PROPttTORWARTNCNMXBCUTNE EL.EACHAMDEIrT S7 000,(XXI OPPR'•WIE14VER EXCLUOEW NSA ELaaEASE-EAeUPIClym S1, 00OOD Ryr.demob IPIdN _ DEa APTiON OF OPE RATroNe bdeN E11AWSE-PGLILTURMT L S1,000006 DeacalPTtoNOFOPERAnGNsiwcAnoRa1VBINcIee tAu.vllAc�.oral.AmRlarn.N,,.L.octraw.,r.w..PsceRnylil.ar EFFECTIVE 01/01/2014,COVERAGE IS FOR 100%OF THE EMPLOYEES OF FRANKCRUM LEASED TO LIMOUSINES OF SOUTH FLORIDA,INC(CLIENT)FOR WHOM THE CLIENT IF REPORTING HOURS TO FRANKCRUM COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES. CERTIFICATE IIOLDFR CANCELLATION (SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN (ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF DANIA BEACH 1DO WEST DANIA BEACH BOULEVARD AUT►pRV"REPRCSaNTAIIVE DANIA BEACH,FL 33004 ' O 1a66-Y010 ACORO CO RPORATION. All d0hta reserved. ACORD 25 tW10105) The ACORD name and lope are ropiatered rooks of ACORD jo CERTIFICATE OF LIABILITY INSURANCE OATEfM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR R PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such erulpm lritan_t(sj. PRODUCER CONTACT _ - MARSH USA INC, !faME: SUITE 400 PHONE {9 Net: 1255 23RD STREET,N.W. _Ago",I WASHINGTON,DC 2M37 WS-OREA tSi AFFO.RMIS COVERAGE NAIC N 615840-/ILL4 3-14 INSURER A:National Intershle Insurance Company 32fi10 INSURED -- INSURER B.:Scottsdale Insurarr Company' - - 41297 Urr"irles of South Florida,Inc 2766 NW UM Street INSURER C: Miami.FL 33142 INSURER D M SURER E•- INSURERF: - COVERAGES CERTIFICATE NUMBER: CLE-KHO37227-02 REVISION NUIIBER:a. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. TYPEOFINSURANC6 —kwk-* Pr1l7CYJIUABHt CY�I4 LIMITS B GENERAL LIABILITY BCS0IXi1513 tit IWG14 '0 211 612 0 1 5 EACt{OCCURRENCE _ _ S- _ 1000,000 X '_COMMERCIAL GENERAL-L"LtTY rradcet Y 10D,OOD CLAINGNADE I�OCCUR MCD EXP i/a ato.ps+cnw► 1L - _ PERSONAL A ADV INJURY S_ 1,000;00D GENERAL AGGREGATE -._S_ 2,O110,000 14ENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPicFA dil, 5 _ 1 M0.000 71 POLICYMpg F11. s A AUTOMOBILE LIABILITY 819970U4112 j2h812013 12110T1014 ... _'-- 11000,000 �t■ _ ANY AUTO BODLY INJURY O'er person) S ALL OWNED SCHEDULED AUTOS HX AUTOS BODILY INJIRtY(Paramdmdi S -X HIRED AUTOSNON-OWNED _OS : - UMBRELLA LIAe OCCUR EACHOCCURRENCE 1 ExcESSLIAaH CLAIMS-MADE AGGREGATE i mea RETENTIONS IS WORKERS COMPENSATION 1N.C-IT TUT. D$kt+ AND EMPLOYERS'UABILITY rug, .- - ANYPnOPRIETORIPARtNEWEXECUTIVE E16A6HACCIO_ENf i i�iE EXCLUDED? D N I A — - ghl ElLOISEASE-EAEMOY _3 If Yas Or a_' tdescMts - tlESfrRasFION OF OPERIk•TIL`iNS:belour E.L.DISEASE•P(aLIGYLIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES{Attach ACORD 1e1,AddNI■n■I Remarks,Scheduls,if more space in ra wIrI4 City of Daria Beach is included as an Addilienal Ineuled where requited Iryv■itten contmol as raspeds to opmllons of the Named kwxW. CERTIFICATE HOLDER CANCELLATION Ctly of Daria Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAMCEI I ED BEFORE 100 West Dwila Beach Blvd THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN Dana Beach,FL 33004 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Menashi Mukhejee 0 19 -2010 ACORD CORPORATION. AN rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD EXH I BIT "H" TITLE VI EXHIBIT "H" City of Title VI Program Under Title VI of the Civil Rights Act of 1964,as amended,and as subrecipients of federal financial assistance, CITY,without regard to race, color,or national origin,operate and plan for Public Participation and Language Assistance Plans transit services so that: transit benefits and services are The CITY shall in the absence of their own plans use the available and distributed equitably; transit services are COUNTY's Public Participation and Language Assistance Plans adequate enough to provide access and mobility for all; in formulating public outreach strategies to engage minority, opportunities to participate in transit planning and decision- low-income,and Limited English Proficient(LEP)populations. making process are provided to everyone; decisions on the locations of transit facilities and services are carried out Planning or Advisory Boards equitably; and that remedial and corrective actions are The CITY does not currently have a transit specific non-elected undertaken to prevent discriminatory treatment of any planning or advisory board as described in FTA Circular beneficiary. 4702.1E Chapter III Sec 10.If such entities are created,the CITY This Title VI Program for the CITY, a subrecipient of the will provide the COUNTY with the racial breakdown of the COUNTY,was prepared in accordance with the requirements board and a description of how minority participation is specified in the Federal Transit Administration (FTA), Circular encouraged,as required by FTA. 4702.16, 'Title VI Requirements and Guidelines for Federal Transit Administration Recipients,"dated October 2,2012. Monitoring Subrecipients The CITY is monitored by our primary recipient,the COUNTY. Title VI Notice and Complaint Procedures The monitoring process outlined by the COUNTY includes the All subrecipients use the COUNTY'S adopted Title VI Notice and collection of Title VI Programs, reviews of service change Complaint Procedures. Accordingly, the Title VI public proposals, and attendance at quarterly Community Bus statement is placed inside of each passenger vehicle, on meetings. printed timetables,online,and at major transfer locations.The text of the statement is as followed: Facility Equity Analysis NOTICE OF PROTECTIONS UNDER TITLE VI OF THE CIVIL RIGHTS The CITY does not have plans to build any maintenance or ACT operations facilities that require Title VI analysis under FTA Circular 4702.113 Chapter III Sec. 13. If plans are created the Any person(s) or group(s) who believes that they have been CITY will collaborate with the COUNTY to ensure that the subjected to discrimination because of race,color,or national appropriate analysis is conducted in compliance with FTA origin, under any transit program or activity provided by specifications. Broward County Transit(BC7),may call(954)357-Ml to file a Title Vl discrimination complaint or write to the Broward County Transportation Department,Compliance Manager,l N. Service Standards University Drive Suite 3100A Plantation,Florida 33324. The CITY in agreement with the COUNTY will use the following service standards for community bus service. The CITY will collaborate with COUNTY to monitor service standards as Title VI Investigations,Complaints and Lawsuits necessary per FTA Circular 4702.1B. The CITY has no past, current, or pending Title VI investigations, complaints, or lawsuits.All Title VI complaints Type Standard Description are directed and investigated in accordance with COUNTY Vehicle Load 1.25 capacity ratio for all vehicles. Vehicle Headway 75 minute average headway all day. procedures. On-Time 80%On-Time Performance is exP ected Performance of community bus routes. On-time is defined based on departures of 1 minute early to 5 minutes late. Annual Household Income Service Community bus routes operate to 2% Availability complement COUNTY local, breeze, 3a� ®under$iok express, and paratransit services. To $10kto$14k the greatest extent possible community 5% ❑$15k to$19k bus will fill gaps in COUNTY service El$20k to$24k coverage and offer local circulation to 12% neighborhood destinations. ------ $25kto$29k Transit The CITY collaborates with the COUNTY 4% $30kto$39k Amenities in the siting of transit amenities in 9% $40kto$49k accordance with a criteria based on ®$50k to$59k ridership, community need, and 14% _available right-of-way. For passenger El$60k or more convenience, Community Bus stops are generally placed in close proximity of Frequency of Use shopping plazas, grocery stores, hospitals,parks,and offices. 3%1%r2% Vehicle Vehicles in service for 5 years or a% Assignment 150,000 miles are prioritized for 04or more days replacement. Routes regularly 2 or 3 days exceeding the capacity threshold that 1day cannot be addressed through 29% additional service will be leased larger ❑Less than one day vehicles. The COUNTY is generally - Weekends only responsible for the procurement and First time riding replacement of transit vehicles. Trip Purpose Community Bus Service Demographics As a component of BCT's Broward Connected 10 Year Transit Development Plan(TDP),on-board surveys were conducted in s% 7% 03 Work March 2013 from randomly selected community bus trips.The shopping charts below characterize the demographics of the entire 15% school community bus system. The CITY supports the COUNTY'S _ ❑Medical initiative to conduct on-board surveys every 5-years during the 6% Personal Business TDP process and understands that additional surveys are 13% visiting/Recreation encouraged prior to a major service or fare change. 31% other Race/ Ethnicity Age 3% 3% 3% 1% t ®17 or under ®Black White �18to24 -: 19% El Hispanic 15% ❑25 to 34 +�' ©35 to 44 ❑Asian - 45 to 54 American Indian 8% 10%rl Multiracial 55 to 59 21% 9% 9% 60 to 64 Other 14% 9 65 years or more