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R-2019-110 City Authorizing to Enter Into an Interlocal Agreement with Broward County for Public Transportation Services Beginning October 1, 2019 Through September 30, 2022; Providing for Conflicts
RESOLUTION NO. 2019-110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR PUBLIC TRANSPORTATION SERVICES BEGINNING OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2022; 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 City of Dania Beach and Broward County wish to enter into an Interlocal Agreement to provide Public Transportation Services beginning October 1, 2019 through September 30, 2022, a copy of which is attached as Exhibit "A", and is made a part of and incorporated into this Resolution by this reference; and Section 2. That funding for the related contractual services Agreement with the Community Bus vendor 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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, 2019. ATTEST: B�q� THOMAS SCHNEIDER, CMC L RI fEWELLEN CITY CLERK �� �" MAYOR getlSHE�y APPROVED AS F RM AND CORRECTNESS: i THO S A SBRO CITY ATTORNEY INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE This Interlocal Agreement("Agreement") is made and entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and City of Dania Beach , a municipal corporation organized and existing under the laws of the state of Florida ("City") (County and City are collectively referred to as the "Parties"). I RECITALS A. Public transportation services provided by County need to be supplemented to serve a greater number of people traveling within City. B. Public transportation resources are limited and must be used in the most efficient manner. C. The Parties acknowledge that additional public transportation is needed for residents of City and those persons traveling within City to supplement existing mass transit service provided by County. D. The Parties desire to provide an alternative form of public transit service to the residents of City and those persons traveling within City that does not duplicate existing mass transit service provided by County. E. City has expressed an interest in providing alternate transportation by utilizing vehicles provided by County to provide Community Shuttle Service. F. County desires to engage City to provide Community Shuttle Service under an agreement containing mutually satisfactory terms and conditions. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 ADA means Americans 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. i k q� 1.2 BCT means the Broward County Transit Division. 1.3 Board means the Board of County Commissioners of Broward County, Florida. 1.4 Community Shuttle Service means the public transportation service described herein, including Emergency Transportation Service, provided hereunder by City through the use of its employees or a Subcontractor. 1.5 Contract Administrator means the Director of the County's Transportation Department, or Deputy Director of the Transportation Department, or such other person E designated by same in writing. z 1.6 Emergency Transportation Service means 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. 1.7 Revenue Service Hour means the time when any Vehicle is available to the general public and there is an expectation of carrying Community Shuttle passengers. Revenue Service Hour includes layover/recovery time but excludes deadhead (travel time from the yard to start of the route and from the end of the route to the yard) and maintenance testing. ! 1.8 Subcontractor means an entity or individual providing services to County through City for all or any portion of the work under this Agreement. The term "Subcontractor" shall include all subconsultants. 1.9 Vehicle(s) means the wheelchair accessible, passenger Vehicle(s), as described in Exhibit D. ARTICLE 2. SCOPE CITY'S OBLIGATIONS 2.1 ROUTES. City shall provide Community Shuttle Service for a minimum of twenty- four (24) hours per week to each of the locations and at the scheduled intervals ("Routes") set forth on the attached Exhibit A. Community Shuttle Service shall connect with County bus routes and other Community Shuttle Routes as set forth on Exhibit A. Community Shuttle Service shall not duplicate existing County bus service and must have connectivity to BCT fixed route bus service and to at least one (1) other City Community Shuttle route. -2- 2.2 USE OF SUBCONTRACTOR. Community Shuttle Service may be performed by City through the use of its employees, or City may enter into a contract with a third party to perform the Community Shuttle Service. In the event City contracts with a third party, City shall remain fully responsible hereunder and shall ensure that its Subcontractor complies at all times with each and every term, condition, duty, and obligation imposed on City by this Agreement. 2.3 ADA. City shall at all times ensure that Community Shuttle Service is provided in full compliance with all applicable requirements of the Americans with Disabilities Act i (ADA). To the extent any terms in this Agreement are inconsistent with the ADA, the requirements of the ADA shall control. E f 2.4 CHANGES IN ROUTES. City acknowledges and agrees that it shall not deviate from 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 the ' Contract Administrator. City further acknowledges and agrees that funding 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. 2.4.1 Change requests should be made in writing, on City letterhead, addressed to the Community Transit Officer (CTO). The requests should include at a minimum: (1) Nature of change requested; (2) Reason for change including supporting documentation such as letters from the community; and (3) Any available details and/or preliminary research or work done to support the change. 2.4.2 Change requests will be considered by County as outlined in Section 2.24 of this Agreement. The Contract Administrator will notify City, in writing, whether the request is approved. 2.5 FARES. If City and County determine a fare to be appropriate, City may institute such fare, subject to the conditions outlined herein, provided the fare shall not exceed County's fixed-route base one-way fare. 2.5.1 City's fare policies shall comply with 49 U.S.C. Section 5307(c)(1)(D), commonly referred to as the "half fare" requirement, and shall ensure that, during non-peak hours, a fare that is not more than fifty percent (50%) of the peak hour fare will be charged to any of the following: (1) A senior— an individual who is 65 years of age or older; -3 - I 1 i f (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability, cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and (3) An individual presenting a Medicare card issued to that individual under Title II or XVIII of the Social Security Act, 42 U.S.C. Sections 401 et seq. and 1395 et seq. 2.5.2 City shall: (1) Provide a formal written notice to the Contract Administrator at least sixty (60) calendar days prior to the implementation date of the proposed fare or fare change; (2) Hold a public hearing prior to the institution of any proposed fare or fare change in compliance with the procedures set forth in Section 2.6 below; and (3) Not implement the proposed fare or fare change prior to receiving County's written approval. i 2.6 PUBLIC HEARING REQUIREMENTS. City, in compliance with the provisions of 49 U.S.C. Section 5307, shall hold a public hearing before its governing body as follows: (1) Prior to the implementation of or change in fares; (2) Prior to any change in service affecting twenty-five percent (25%) or more of the route miles, when calculated on total route miles or on daily revenue miles. A public hearing is required if either measure is above twenty-five percent(25%); I (3) Prior to establishing a new Community Shuttle Service route; (4) Prior to discontinuing any Community Shuttle route in its entirety; and (5) Prior to implementing headway adjustments of more than fifteen (15) minutes. 2.6.1 At least one (1) 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; -4 - i I (2) The date, time, and accessible location of the hearing; (3) The location and addressee to whom written comments may be sent; and t i (4) Criteria for requesting available accommodations and alternative I formats. f 2.6.2 If service changes are necessitated by road closures or road construction/repair, or interruptions due to hurricane or other natural disaster, the 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 that can be used to inquire further about the change or through which individual patrons may seek alternative format information. I. 2.6.3 City shall provide County with the public hearing notice and minutes of all 4 public hearings held to satisfy the requirements of 49 U.S.C. Section 5307 within seven (7) calendar days after 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 Shuttle Service (a bus stop). 2.7.1 Service. City shall ensure that all proposed bus stops are ADA compliant before revenue service starts. If a proposed bus stop is found to be non- ADA compliant it will not be used until it is made ADA compliant. If a proposed bus stop cannot be made ADA compliant due to cost, geography, right-of-way, etc., it will not be used. (1) County will review bus stops prior to start of service for ADA compliance. If County determines a bus stop to be ADA non-compliant, it will be removed and not used until City makes stop ADA compliant. (2) "Flag Stops," nondesignated bus stop locations at which a Vehicle stops on signal to allow passengers to board or alight a vehicle, are not acceptable and will not be used to support Community Shuttle Service. 2.8 MINIMUM REQUIRED PASSENGERS PER REVENUE HOUR. Within twelve (12) months after the commencement of Community Shuttle Service, City shall maintain a minimum average of 7.1 Passengers per Revenue Service Hour (PPRH) per route operated by City. City shall monitor trends relating to any reductions in PPRH and shall promptly notify County of possible conditions or remedies that are needed to address the reductions in passengers. It is understood and agreed between County and City that - 5 - I E City's failure to maintain a minimum average of 7.1 PPRH per Route during any rolling twelve (12) month period shall constitute a breach of this Agreement, entitling County to terminate this Agreement and shall entitle County to pursue any and all other remedies provided under this Agreement and 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 any written notice of termination. City shall return the funds no later than thirty (30) calendar days after receipt by City of the notice of termination. 2.8.1 County reserves the right to adjust the minimum required PPRH per route. County will provide twelve (12) months' advance written notice to City of any new required minimum average PPRH per route. If City fails to meet the 7.1 PPRH on a twelve (12) month rolling basis as a result of road closures, road construction/repair, or interruptions due to hurricane or other natural disasters, County may suspend the ridership criteria for up to twelve (12) months. 2.9 EMERGENCY TRANSPORTATION SERVICE. In addition to the scheduled Community Shuttle 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 any Vehicle(s) leased to City herein by County or any other City that has an agreement with County for Community Shuttle Service. City shall not be entitled to any compensation for the use of any Vehicle(s) that is(are) utilized by another City as set forth above. Fares shall not be collected from passengers during Emergency Transportation Service. 2.9.1 In the event of an emergency or natural disaster, City is required to call the CTO to advise of City's operations plan regarding actions to be implemented pre-event, during the event, and post-event. Should the need arise for use of assigned Vehicles, the CTO will coordinate with City and provide further ! instructions. i 2.10 EMERGENCY RESPONSE PLAN (ERP). 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 or other 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 after the effective date of this Agreement. -6 - 6 t 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 I comply with the provisions of Florida law relating to public transit providers, which shall include but not be limited to the requirements of Chapter 14-90, Florida Administrative Code, titled "Equipment and Operational Safety Standards for Bus Transit Systems," as currently enacted or as may be amended from time to time (Chapter 14-90). i 2.13 OPERATION. 2.13.1 City shall be solely responsible for the operation of any Vehicle(s) in accordance with all federal, state, and local regulations which shall include, but not be limited to, the discharge of pollutants while operating, cleaning, fueling, and maintaining the Vehicle(s). City shall utilize every f practicable safeguard 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 contaminants resulting from the Community Shuttle Service provided hereunder. 2.13.2 City shall be solely responsible to provide sufficient personnel, training, labor, and materials necessary to provide a high quality Community Shuttle Service which shall include, but not be limited to, all transportation, scheduling, dispatching, vehicle servicing, vehicle maintenance, reporting, and monitoring of the Community Shuttle 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 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 Shuttle Service as described in Exhibit A. Should there be a service disruption on any route, City shall have forty-five (45) minutes to restore normal service levels. If City fails to restore normal services levels as required, 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 Shuttle Service under federal, state, and local law,which shall include, but not be limited to, the requirements of Chapter 14-90. - 7 - 2.13.6 Vehicle operators must successfully complete the County's required Operator Training program prior to operating any Vehicle(s) to provide the Community Shuttle Service set forth herein. County will schedule and provide the training at no cost to City. City must provide County with a minimum of fourteen (14) calendar days advance written notice when City needs to have additional Vehicle operators trained through County's Operators Training program. Employees who complete the training will receive a Certification of Completion. a. If approved in writing by County, City or Subcontractor may be eligible to provide its own operator training. Upon an operator's successful completion of the approved operator training, City shall provide a certificate of completion to County and a copy of which shall be kept in employee files by City and City's Subcontractor, as applicable. 2.13.7 During the term of this Agreement, the Contract Administrator may from time to time require additional training for the employees operating € Vehicles. The Contract Administrator will provide at least fourteen (14) calendar days' notice of the required training. County will reimburse City for compensation paid to bus operators for participating in the required training. i 2.13.8 City shall: a. Provide base of operation for Vehicle(s), operators, and Community Shuffle Service. b. Comply with all Community Shuttle Service operations, and 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. County shall schedule and conduct the Vehicle operators' mandatory training unless City has an approved training program. e. Ensure that personnel working in the Community Shuttle program have the management, operations, and maintenance expertise required to carry out every obligation necessary to perform the Community Shuttle Service. f. Supervise Community Shuttle Service operations. g. Provide a means of direct communication between supervisors and Vehicle operators. h. Comply with and make appropriate personnel available for County's monitoring and audits. - 8 - i i. Attend and participate in quarterly Community Shuttle Service partner meetings with County staff. If City utilizes a Subcontractor to provide Community Shuttle Service, a representative from City and a representative from Subcontractor shall attend the meetings. j. Implement the operating methods, procedures, protocols, and policies that County directs as integral to the efficient and effective operation of County's public transportation system. k. Respond to the Contract Administrator's requests for information in a timely manner. I. Submit annual data to the National Transit Database (NTD) as required Section 2.18 herein titled "Reporting and Recordkeeping Requirements." m. Develop, maintain, and keep current a written procedure for the investigation and reporting of accidents and incidents. n. Provide City's written procedure for reporting accidents and incidents to the Contract Administrator for approval prior to the start of Community Shuttle Service. 2.14 SUSPENSION OF OPERATIONS. When performance is made impossible, City may request verbal or written approval from County to suspend operations. After prior approval from County, City may suspend all or a portion of Community Shuttle Service as to which such approval has been obtained. If County gives verbal approval based upon i the circumstances, the verbal approval shall be memorialized by County in writing within five (5) business days after the verbal approval. 2.15 VEHICLE OPERATORS. City shall obtain driving records from the Florida Department of Highway Safety and Motor Vehicles and shall obtain criminal background checks from the Florida Department of Law Enforcement for all Vehicle operators. Such records may also be obtained from other sources approved by the Contract Administrator. i City shall require its Vehicle operators performing the services hereunder to notify City within twenty-four (24) hours after any conviction for any traffic violation (except parking). City shall not employ a Vehicle operator to perform Community Shuttle Service that does not meet the requirements of Florida law. 2.15.1 All employees operating a Vehicle must have a valid Commercial Driver's License, Class A or Class B with a passenger endorsement, for at least three (3) years (time spent driving on a learner's permit does not count towards this requirement). A Class C Commercial Driver's license will be permitted with a passenger endorsement so long as the Vehicle(s) do not contain airbrakes. 2.15.2 City shall not employ or retain any Vehicle operators or supervisors whose driving record, as compiled by the Florida Department of Highway Safety and Motor Vehicles, contains a conviction or plea of nolo - 9 - f contendere regardless of whether adjudication was withheld, for any of the following: a. More than one (1) moving violation in the last three (3) years*. b. An at-fault accident in the last three (3) years*. c. Failure to Appear or a Failure to Pay in the last three (3) years*. d. Reckless Driving in the last seven (7)years*. e. Driving Under the Influence (DUI) within the last seven (7) years*. Two convictions (lifetime)for DUI is automatic disqualification. f. Suspension within the last three (3)years*. One suspension for PIP permitted. g. Manslaughter resulting from the operation of a motor vehicle. h. Hit and Run or Hit and Run with Property Damage. i. Reckless Driving causing injury. j. DUI causing injury. k. Any combination of driving violations that indicate a pattern of irresponsibility or poor judgment. *All time periods shall be rolling. 2.15.3 City shall provide current copies of the following records of all employees that operate the Vehicle(s) to County's Safety Manager or the 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): i a. Driving Record; b. Background Verification Record; c. Criminal Background information; and d. INS Employment Eligibility Form 1-9 2.15.4 City shall maintain, at all times, an up-to-date personnel file for each Vehicle operator, which shall include the verifications required in I Section 2.15.3 above and the employee's vehicle operator's license number and expiration date. In addition, City shall maintain, at all times, I i - 10 - I e 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 driver's license number when the operator is hired and prior to the operator participating in any required Vehicle operator training. E 2.15.5 City shall ensure that all Vehicle operators and supervisors performing Community Shuttle Services comply with the following: I a. Immediately prohibit any employee, who fails to meet the requirements necessary to operate a Vehicle under this [, Agreement, from operating any Vehicle(s) to provide the Community Shuttle Service. b. Only allow Vehicle(s) to be operated by properly licensed operators. C. Provide full utilization (ADA accessible) Vehicle(s) to disabled i passengers. ' d. Carry a valid Florida Commercial Driver's License Class A, B, or , C with passenger endorsements issued by the state of Florida on I their person while operating a Vehicle. e. Immediately report any and all convictions of in-state or out-of- state moving violations and/or any loss of driving privileges due to ` suspension or revocation of the employee's driver's license. f. Prohibit the use of any personal wireless communications devices while occupying the operator's seat of the Vehicle or while in the operating area of the Vehicle. g. Prohibit reckless and unsafe driving, illegal parking, illegal stopping, or the commission of any other traffic violation while operating any Vehicle. h. Provide County bus route timetables (schedules), maps, or other available BCT transit system information to any passenger requesting such material. 2.16 NONDISCRIMINATION ON THE BASIS OF DISABILITY. City shall comply with all applicable laws and regulations relating to nondiscrimination on the basis of disability, including, but not limited to the following: 4 4 1 s E r E l E a. 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. b. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals i with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. C. The United States Department of Transportation (DOT), Public f 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. I 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 Shuttle Service, and shall permit any authorized representative of the DOT or its operating administrations, the State Oversight Agency, or County, to inspect City's facilities and records associated with the implementation of the drug 9 and alcohol testing program as required under 49 C.F.R. Part 655 and review the testing process. 2.17.1 City agrees to comply with the provisions established in the Drug Free Workplace Act of 1988 and the Omnibus Transportation Act of 1991. 2.17.2 City agrees to certify compliance with current Federal Transit Administration (FTA) regulations to the BCT Drug and Alcohol Program Manager, with a copy to the Contract Administrator, prior to the commencement of services under this Agreement and annually thereafter. A model format for certifying compliance is attached as Exhibit B. 2.17.3 City agrees to prepare, maintain, and submit annual Drug & Alcohol Management Information System (DAMIS) reports summarizing its drug and alcohol testing program results from the previous year. The annual reports covering the prior calendar year must be submitted to the BCT Drug and Alcohol Program Manager by a date determined by the - 12 - g g r F Contract Administrator, but no later than February 15th of each year. Additionally, City shall provide quarterly reports to the BCT Drug and i Alcohol Program Manager summarizing its drug and alcohol testing results and shall permit the 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 Shuttle Services provided pursuant to this Agreement. City shall supply reports in compliance with the schedule and requirements set forth in Exhibit C and in any other format requested by County. i 2.18.1 City is responsible for reporting data on a yearly basis through the NTD by January 31 of each year for the previous fiscal year data. Information should be compiled and reported at City's expense with guidance from City's NTD analyst and County as needed. 2.19 ANNOUNCEMENTS. If the Vehicle 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. If 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; k b. Major intersections and destination points; C. Intervals/points of interest along a route to orient an individual 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. Section 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. Section 5323(f) and 49 C.F.R. Part 605, relating to school bus operations. 2.21 TEXT TELEPHONE ("TTY"). City shall at all times,while providing the Community Shuttle Service set forth herein, have and maintain a proper working TTY number. - 13 - I i 2.22 STANDARDS. City shall comply with the following: a. City, as a contracted public transit provider, shall comply with all applicable requirements of Chapter 14-90 of the Florida Administrative Code I ("Chapter 14-90"). b. Develop and adopt a System Safety Program Plan ("SSPP") and Security Program Plan ("SPP") that comply with the requirements set forth in Chapter 14-90. The SSPP and the SPP shall be provided to County prior to providing Community Shuttle Service. i C. Permit inspections, and safety and security review by County and the state € of Florida. d. Comply with the adopted SSPP and SPP and ensure that p y p safety inspections have been performed no less than biannually on all Vehicles operated pursuant to the provisions of this Agreement and in compliance with Chapter 14-90. e. All accidents shall be reported immediately to law enforcement. f. Report to CTO all accidents or incidents, including passenger-related occurrences, and any non-routine events within twenty-four (24) hours via phone call and follow up with written notification via e-mail correspondence within seventy-two (72) hours to include a police report, if available, and/or City accident or incident report. If any accident or incident requires a passenger to be transported from the scene, immediately call the CTO. g. 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 driver's and passenger's side mirrors and rearview mirrors are in good working order. h. 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. Signs that encourage, advertise for, or otherwise solicit driver tips are strictly prohibited. i. Speedometer shall be properly installed, in good wonting 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, and free from torn or damaged upholstery or floor coverings, or damaged or broken seats. I - 14 - i k. Door hinges and latches shall be in good mechanical working order and all doors shall operate easily and close securely. I I. Vehicle(s) shall be structurally sound and operate with minimum noise, vibration, and visible exhaust fumes. M. The body, fenders, door trim, and grill of the Vehicle(s) shall be free from cracks, breaks, and dents, and the Vehicle shall be painted. n. Vision shall be unobstructed on all four (4) sides of the Vehicle(s). COUNTY'S OBLIGATIONS 2.23 DRIVER TRAINING. County shall provide operators hired by City or its Subcontractors who have a valid Florida commercial driver license with training in passenger relations, rules of the road, and transit system information. All Florida i 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. 2.23.1 City shall have the option of submitting its own training program to County's Director of Operations for vetting and approval. Upon approval, City shall be authorized to provide the necessary training for operators. The Contract Administrator shall be provided certificates for successful completion of training upon availability. 2.23.2 Vehicle operators shall be retrained every two (2) years during the term of this Agreement (refresher training) and County will reimburse City for compensations paid to bus operators for attending required training. i 2.24 SERVICE PLANNING AND SCHEDULING ASSISTANCE. County shall provide service planning and scheduling assistance. All requests by City for assistance with the planning and scheduling of Community Shuttle Service routes must be submitted in writing by City and implementation shall coincide with the schedule established by County. A memorandum will be provided by County at the beginning of each fiscal year outlining the deadlines and effective dates for service changes. The memorandum may be updated on a quarterly basis as necessary and provided to City and its Subcontractor. 2.25 TIMETABLES. County shall print and provide bus route timetables to City that inform City residents and passengers of the Community Shuttle Service. ARTICLE 3. VEHICLES 3.1 LEASE. County will lease to City Liquid Petroleum Gas (LPG) or Propane fueled wheelchair accessible, passenger Vehicle(s), as described in Exhibit D, to be used in - 15 - { I t i Community Shuttle 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 the right to inspect, or cause to be inspected, the Vehicle(s) by a mechanic designated by City. 3.2 REIMBURSEMENT. Should City choose to purchase a non-LPG/Propane bus or Vehicle to provide Community Shuttle Service, County will reimburse City on a per- I Vehicle basis up to County's current purchase price of a Propane bus minus the propane conversion or similar type Vehicle (from the state contract). I 3.3 USE. Vehicle(s) shall be provided by County to City at least forty-eight (48) hours prior to the commencement of Community Shuttle Service and shall be used exclusively to perform the Community Shuttle Services and Emergency Transportation 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 i trade or for any unlawful purpose whatsoever, or in violation of this Agreement. City shall i use Vehicle(s) in a careful and proper manner and shall comply with all federal, state, i local, or other 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 Shuttle Service. 3.4 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. City's use of any replacement Vehicle(s) shall be subject to all terms and f conditions of this Agreement. Should City choose to use a replacement Vehicle, a request must be made in advance to the Contract Administrator and approval will be in the form { of a written amendment executed by the parties. k 3.5 BIKE RACKS. Vehicle(s) shall be equipped with bicycle racks to transport non- motorized bicycles. 3.6 SPARE VEHICLE(S). County will provide to City a ten percent (10%) spare ratio of Vehicles. County may also provide a twenty percent (20%) spare ratio of Vehicles based on the age of the Vehicle. City's use of any spare Vehicle(s)shall be subject to all terms and conditions of this Agreement. 3.7 INSPECTIONS. County shall have the right to inspect, or cause to be inspected, I the Vehicle(s). County may inspect the Vehicle(s) at any time, provided that such inspections shall not be scheduled in a manner that would have a detrimental impact on City's ability to perform Community Shuttle Service. Chapter 14-90 inspections are to be I conducted twice per year at a minimum: once at the beginning of the calendar year and again halfway through the calendar year. Should extraordinary wear and tear and/or damage be identified by such inspections, County shall provide written notification to the - 16 - City regarding the repairs required to be performed on the 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 County's request, City shall take the Vehicle(s)to a location designated by the Contract Administrator for inspection. 3.8 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 r 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 € Shuttle Service. City shall maintain onsite a written record of inspections of all Vehicles, which record shall be available to the Contract Administrator or his/her designee upon request. 3.9 INSPECTION AND MAINTENANCE RECORDS. City shall maintain a record of periodic inspections of all Vehicles, which records shall be available to the Contract Administrator for a minimum of four (4) years. City shall maintain and provide written documentation of preventive maintenance, regular maintenance, inspections, and repairs performed for each Vehicle throughout the term of this Agreement. City shall maintain onsite a written record of inspections and maintenance of all Vehicles; which records shall be available to the Contract Administrator or his/her designee. Inspection and repair records should include invoices that show labor and parts costs and a proper description of work done. 3.9.1 City shall upload within the time periods established in Exhibit C all maintenance and related documentation performed on each revenue service Vehicle in AssetWorks, or any subsequent maintenance tracking program as may be established therein. Should no maintenance be performed on any given revenue service Vehicle within the established time period, mileage for each Vehicle should be updated at the time of upload. Maintenance is including, but not limited to: a. Preventative maintenance; b. Repair work orders; and C. Annual/biannual inspections. i 3.10 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. - 17 - i F E 3.10.1 Any Vehicle that becomes inoperable must be repaired and back in Community Shuttle Service within ten (10) business days of becoming inoperable. If a Vehicle(s) will not be back in revenue service within ten (10) business days due to the unavailability of parts or due to the nature of the repair, City shall notify the 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 Shuttle Service for more than ten (10) business days. j i 3.10.2 All maintenance on Vehicle(s) shall be performed by persons properly licensed and qualified to perform maintenance on Vehicle(s). City shall maintain the Vehicle(s) in compliance with BCT's and the manufacturer's standards for preventive maintenance. City shall develop a preventive maintenance schedule, which shall be approved by County prior to initiating Community Shuttle Service. 3.10.3 Vehicle parts necessary to maintain and repair Vehicles shall be provided by City. Vehicle parts must be Original Equipment Manufacturer (OEM) parts. City shall receive written approval from the Contract Administrator before beginning any major maintenance and/or repair. Major maintenance and repairs shall be defined as any maintenance or repair activity in which the total cost of parts and labor exceeds Two Thousand Five Hundred Dollars ($2,500.00). 3.10.4 City shall not make any structural or other significant alterations or changes to Vehicle(s) without the prior written consent of the Contract Administrator. 3.10.5 City shall maintain any Vehicle(s) in clean appearance and safe and proper working mechanical condition at all times. Vehicle(s) shall be used in Community Shuttle Service in a manner so that any Vehicle(s) will accrue relatively equal mileage at any one time. 3.11 SIGNAGE AND ADVERTISING. All Vehicles shall display their assigned bus number in a minimum of four(4) inch numbers in the following locations: a. Above or beside the passenger entrance door(s); b. On the exterior rear of the Vehicle; C. On the exterior front of the Vehicle; and d. On the interior of the Vehicle above the front windshield. 3.11.1 Vehicle(s) route identification information must contrast in color with the background color to which they are affixed. - 18 - I k I 3.11.2 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. z a 3.11.3 City shall maintain all interior signs placed by County. 3.11.4 City shall not place advertisements of any kind or nature on any Vehicle(s) t without the prior written approval of the Contract Administrator. If advertisements are allowed, all advertising shall conform to the BCT I Advertising Guidelines and Regulations, as currently enacted or as may be amended from time to time. i l 3.11.5 City shall ensure that Vehicles conspicuously display all branding, logos, taglines, or other messaging directed by County. 3.12 DAILY CLEANING. City shall ensure that each Vehicle is clean prior to beginning Community Shuttle Service each day as follows: a. Exterior washed; b. Interior windows cleaned; C. Non-carpeted floors are mopped with clean water and appropriate cleaning solution; d. Non-upholstered seats are wiped down with clean water and appropriate I cleaning solution; e. Upholstered seats are vacuumed; f. Pest control; g. All handrails are wiped down with clean water and appropriate cleaning solution; and h. Dispose of all refuse, newspapers, and other recyclable material remaining on board the Vehicle. Items remaining on the Vehicle that belong to 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; 3.13 TITLE. Title to County-owned Vehicle(s) shall remain in County at all times, and City shall have no right, title to, or interest in the Vehicle(s) 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 shall keep the Vehicle(s) free and clear of any and all claims, liens, and encumbrances, and shall, at its expense, protect and defend County's title to the Vehicle(s) and shall protect and defend County's right of possession against all others. City shall return the Vehicle(s) to County free of any liens, claims, or encumbrances resulting from City's use of the Vehicle(s). City shall notify persons - 19 - i 4 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 any kind. j 3.14 REGISTRATION. The registration of County-owned Vehicle(s) will be processed by County and the costs of such registrations will be paid by County. 3.15 INSTALLATION OF EQUIPMENT. County 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 "AVUMDC Equipment", automatic passenger counters ("APC Equipment"), and wireless fidelity (Wi- Fi Equipment) in Vehicle(s). This may be done at a County or City facility. 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. If County installs any equipment in the Vehicle(s), Exhibit D shall be updated in an amendment that includes the equipment installed in the Vehicle(s). 3.15.1 Cost: The cost of AVUMDC Equipment, APC Equipment, Wi-Fi Equipment, and installation of and training on the equipment 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. 3.15.2 Delivery and Installation: County shall provide City with no less than ten (10) calendar days' prior written notice of the date the AVUMDC Equipment, APC Equipment, and Wi-Fi Equipment will 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 AVL/MDC Equipment, APC Equipment, and Wi-Fi Equipment at a site to be determined by County. At the time of installation of the AVUMDC Equipment, APC Equipment, and Wi-Fi Equipment into Vehicle(s), County shall prepare an itemized listing setting forth the components, and the serial numbers where applicable, of the AVUMDC Equipment, APC Equipment, and Wi-Fi Equipment installed in each Vehicle and equipment installed at any City facility. City shall acknowledge receipt of the AVL/MDC Equipment, APC Equipment, and Wi-Fi Equipment in writing. City agrees to cooperate fully in the installation, testing, and training related to AVL/MDC Equipment. 3.15.3 Operations, Maintenance, and Repair: County shall provide City with reasonable assistance in the maintenance and operation of the AVUMDC Equipment, APC Equipment, and Wi-Fi Equipment by responding to all inquiries and trouble reports concerning the operation or condition of the AVUMDC Equipment, APC Equipment, and Wi-Fi Equipment if the inquiries or trouble reports are submitted, in writing, by r City to the designated representative of County. Upon receiving such I i -20 - i inquiries or trouble reports, County shall either offer advice or propose i possible solutions based on its preliminary appraisal of City's description of the problem or arrange for assistance from a maintenance service representative. 3.15.4 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 if maintenance is required by reason of: a. Use of the AVL/MDC Equipment, APC Equipment, Wi-Fi Equipment or any component thereof in other than the manner for which it was installed; b. Damage to the AVL/MDC Equipment, APC Equipment, or Wi-Fi Equipment by City, its employees, agents, or third parties; F C. Modification of the installed AVUMDC Equipment, APC Equipment, or VVi-Fi Equipment by City which was not authorized by County; or d. Maintenance performed by City without County's authorization. 3.15.5 Risk of Loss: After installation in the Vehicle(s), City shall bear the entire risk of loss or damage to and shall be required to replace the AVL/MDC Equipment,APC Equipment, and Wi-Fi Equipment with County-approved i AVL/MDC Equipment, APC Equipment, and Wi-Fi Equipment, 3.15.6 Restrictions: The following restrictions shall apply to City's use of the AVL/MDC Equipment: a. City shall keep the AVL/MDC Equipment, APC Equipment, and Wi-Fi 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; b. City shall not use the AVL/MDC Equipment, APC Equipment, or Wi-Fi Equipment in any manner or for any purpose for which the AVL/MDC Equipment is not designed or reasonably suited; C. City shall not permit any physical alteration of the AVL/MDC Equipment, APC Equipment, or Wi-Fi 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, APC Equipment, or Wi-Fi Equipment without the prior written consent of County; - 21 - i t E e. City shall not remove the AVL/MDC Equipment, APC Equipment, or Wi-Fi Equipment from the Vehicle in which it was originally installed without the prior written consent of County, except in the event of an I emergency; 3.15.7Reservation of Title: County shall retain title to and ownership of the equipment at all times. This Agreement does not provide City with title to or ownership of the AVL/MDC Equipment, APC Equipment, or Wi-Fi Equipment but only a right of limited use for the duration of the Agreement; 3.15.8 Training: County shall provide City's employees with initial training in the operation of AVL/MDC Equipment, APC Equipment, and Wi-Fi Equipment at no cost to City. County may provide additional training, as deemed necessary by County, to City's personnel at no cost to City; and 3.15.9City shall ensure that its personnel utilizing the AVUMDC Equipment, APC Equipment, and Wi-Fi Equipment have been properly trained in the operation of such equipment. E 3.16 DAMAGE TO AND RISK OF LOSS OF VEHICLE(S). City shall bear the entire risk of loss or damage to all Vehicles. Any and all damage to Vehicle(s), including, but not limited to, damage resulting from storage, vandalism, theft, or from the provision of Community Shuttle 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 Community Shuttle Service 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 Service Center j contact information and inform customers that they can contact the center regarding [ questions, comments, or to request schedule information. City shall display the signs conspicuously on each Vehicle. City shall respond to complaints (excluding Title VI complaints, which will be handled by County as outlined in Article 10 of this Agreement) brought by persons or by County on its own initiative or otherwise. In the event that complaints regarding City's Community Shuttle Service are received by County's Customer Service Center, the Contract Administrator shall forward the complaint to City upon receipt. 4.1.1 Upon 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 the Contract Administrator within five (5) business days after completion of the investigation or resolution of the complaint, as applicable. -22 - E I I 4.2 County shall provide City with County's formally adopted Title VI Notice and Complaint procedures. 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. If City receives any Title VI complaints, City shall forward the complaints to the Broward County Transit Division Compliance Manager. g 4 6 4.3 City shall submit a monthly report to the Contract Administrator summarizing all I complaints received during the previous month. c i 4.4 At the request of County, City shall meet with the Contract Administrator to review any complaints or concerns relating to the Community Shuttle Service and to promptly correct any deficiencies. The Contract Administrator's determination as to quality of € operation or services shall be conclusive, and curative measures shall be implemented by City as directed by the Contract Administrator. ARTICLE 5. TERM AND TIME OF PERFORMANCE k 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, 2022. The term may be extended for up to two (2) additional one (1) year renewal periods upon written approval of the Contract Administrator at least 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. 5.2 Community Shuttle 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. ARTICLE 6. FUNDING 6.1 The County agrees to pay City's costs for operations and maintenance ("O&M") of Community Shuttle Service that is actually performed by City at the established O&M rate of forty-two dollars ($42.00) for Total Vehicle Hours. Funding shall be used by City solely for the purpose of providing Community Shuttle Service and for maintaining, operating, and properly equipping the Vehicle(s) (funding may be used for no other purpose). 6.2 METHOD OF BILLING AND PAYMENT 6.2.1 City shall submit invoices for Funding, in advance, on a quarterly basis. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted via an official invoice from City as set forth in Exhibit G and pursuant to instructions prescribed by the Contract Administrator. 6.2.2 County reserves the right to withhold any/all payments resulting from a breach or non-compliance with this Agreement. Payments will be made r - 23 - i i i i once the breach has been cured or compliance verified. County will make I payments in an amount determined by the County based on the nature of ' the breach or non-compliance. 6.2.3 City shall submit its Total Vehicle Hours (Revenue Service Hours and deadhead; travel time from the yard to start of the route and from the end of the route to the yard) via invoice for payment as set forth in Exhibit G. 6.2.4 County shall pay City, in advance, the projected O&M rate for Total Vehicle Hours due through the first quarter of County's fiscal year. All payments for subsequent quarters, if applicable, shall be paid in advance on a quarterly basis. The maximum O&M rate, 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 provisions of this Agreement. City shall provide sufficient detail regarding the factors included in its reported hourly rate and County reserves the right to audit this rate. 6.2.5 Advance quarterly payments for Funding shall be adjusted by County based on the Total Vehicle Hours calculations projected as compared to the actual Total Vehicle Hours performed in any previous quarter. 6.2.6 At the conclusion of each fiscal year, the projected budget as presented by I the Contract Administrator will be reviewed for the new fiscal year to adjust for the number of days in each month and confirmation of anticipated holidays to be observed by City when service will not be provided. 6.2.7 Following the termination of this Agreement for any reason, City shall return to County any Funding paid in advance to City for any Total Vehicle Hours that were not actually performed by City. County shall conduct a reconciliation of the actual Total Vehicle Hours performed by City prior to termination compared to the amount of Total Vehicle Hours for which advanced Funding was paid. City shall return all Funding that was received in excess of the actual Total Vehicle Hours performed no later than thirty (30) days after receipt of a written notice from County demanding repayment. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 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 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: City of Dania Beach Attn: Billing & Collections 100 W. Dania Beach Blvd Dania Beach, FL 33004 -24 - i i f f ARTICLE 7. INSURANCE r 7.1 City is a governmental entity and is fully responsible for the acts and omissions of its agents or employees, subject to any applicable limitations of Section 768.28, Florida E Statutes. 7.2 Upon request by County, City must provide County with written verification of liability protection that meets or exceeds any requirements of Florida law. If City holds any excess liability coverage, City must ensure that Broward County is named as an additional insured and certificate holder under such excess liability policy and provide I evidence of same to County. 7.3 If City maintains broader coverage or higher limits than the minimum coverage required under Florida law, County shall be entitled to such broader coverage and higher limits on a primary and noncontributory basis. County's insurance requirements shall apply to City's self-insurance. 7.4 In the event City contracts with a Subcontractor to provide any of the Services set forth herein, City shall require that each Subcontractor procure and maintain insurance coverage that adequately covers each Subcontractor's exposure based on the Services provided by that Subcontractor. City must ensure that all such Subcontractors name "Broward County" as an additional insured and certificate holder under the applicable insurance policies. City shall not permit any Subcontractor to provide Services until the insurance requirements of the Subcontractor under this section are met. If requested by County, City shall furnish evidence of insurance of all such Subcontractors. 7.5 County reserves the right, but not the responsibility, to periodically review any and all insurance policies and to reasonably adjust the limits and/or types of coverage required herein, from time to time throughout the term of this Agreement. ARTICLE 8. TERMINATION 8.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) business 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 the written notice provided by County, which termination date shall be not less than one hundred eighty (180) 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 if the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. If County erroneously, improperly, or E -25 - b i i unjustifiably terminates for cause, such termination shall be deemed a termination for convenience and shall be effective one hundred eighty (180) days after such notice of termination for cause is provided. 8.2 This Agreement may be terminated for cause by County for reasons including, but not limited to, any of the following: 8.2.1 City's failure to suitably perform the Community Shuttle Service, failure to continuously perform the Community Shuttle Service in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices; 8.2.2 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; or 8.2.3 If City's Subcontractor is a "scrutinized company" pursuant to Section 215.473, Florida Statutes, if City's Subcontractor is placed on a "discriminatory vendor list" pursuant to Section 287.134, Florida Statutes, or if City's Subcontractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes. 8.3 Notice of termination shall be provided in accordance with the "Notices" section of this Agreement except that notice of termination by the County Administrator to protect the public health, safety, or welfare may be oral notice that shall be promptly confirmed in writing. 8.4 If this Agreement is terminated for convenience by County, City shall be paid for any Community Shuttle Services properly performed under this Agreement through the termination date specified in the written notice of termination, subject to any right of County to retain any sums otherwise due and payable. City acknowledges that it has received good, valuable, and sufficient consideration from County, the receipt and adequacy of which are acknowledged by City, for County's right to terminate this Agreement for convenience. 8.5 In addition to any right of termination stated in this Agreement, County shall be entitled to seek any and all available remedies, whether stated in this Agreement or otherwise available at law or in equity. ARTICLE 9. EEO COMPLIANCE 9.1 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. -26 - p 9.2 This Agreement is assisted by United States Department of Transportation ("DOT") funds. City and its Subcontractors shall comply with the non-discrimination requirements in 49 C.F.R. Part 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. 9.3 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 16Y2, f 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 II 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. 9.4 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 10. TITLE VI 10.1 By execution of this Agreement, City, as a subrecipient of FTA funding, shall l ensure that Community Shuttle Service 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. Section 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 that may be required to maintain compliance with Title VI. An updated and Board-approved Title VI Program must be submitted to County upon expiration. 10.2 Under Title VI of the Civil Rights Act of 1964, as amended, and as subrecipients of federal funding, City, without regard to race, color, or national origin, shall operate and plan for transit services so that: transit services are available and distributed equitably; transit services are adequate enough to provide access and mobility for all; opportunities to participate in transit planning and decision making processes are provided to everyone; decisions on the locations of transit facilities and services are carried out equitably; and that remedial and corrective actions are undertaken to prevent discriminatory treatment of any beneficiary. This Title VI Program for City, a subrecipient of County, was prepared in accordance with the requirements specified in the FTA, Circular 4702.113, "Title VI -27 - ! i I Requirements and Guidelines for Federal Transit Administration Recipients," dated October 1, 2012. 10.3 TITLE VI NOTICE AND COMPLAINT PROCEDURES. All subrecipients use County's adopted Title VI Notice and Complaint Procedures. Accordingly, the Title VI public statement is placed inside of each passenger Vehicle, on printed timetables, online, and at major transfer locations. The text of the statement is as follows: NOTICE OF PROTECTIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT Any person or group who believes that they have been subjected to discrimination because of race, color, or national origin, under any transit program or activity provided by Broward County Transit (BCT), may call (954) 357-8481 to file a Title VI discrimination complaint or write to the Broward County Transportation Department, Compliance Manager, 1 N. University Drive, Suite 3100A, Plantation, Florida 33324. 10.4 TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS. City has no past, current, or pending Title VI investigations, complaints, or lawsuits. All Title VI complaints are directed and investigated in accordance with County procedures. 10.5 PUBLIC PARTICIPATION AND LANGUAGE ASSISTANCE PLANS. City shall, in the absence of its own plans, use County's Public Participation and Language Assistance Plans in formulating public outreach strategies to engage minority, low-income, and Limited English Proficient (LEP) populations. 10.6 PLANNING OR ADVISORY BOARDS. City does not currently have a transit specific non-elected planning or advisory board as described in FTA Circular 4702.1 B, Chapter III, Sec. 10. If such entities are created, City will provide County with the racial breakdown of the board and a description of how minority participation is encouraged, as required by FTA. 10.7 MONITORING SUBRECIPIENTS. City is monitored by its primary recipient, County. The monitoring process outlined by County includes the collection of Title VI Programs, reviews of service change proposals, and attendance at quarterly Community Shuttle Service meetings. 10.8 FACILITY EQUITY ANALYSIS. City does not have plans to build any maintenance or operations facilities that require Title VI analysis under FTA Circular 4702.1 B, Chapter III, Sec. 13. If plans are created, City will collaborate with County to ensure that the appropriate analysis is conducted in compliance with FTA specifications. 10.9 SERVICE STANDARDS. City, in agreement with County, will use service standards outlined in City's Title VI Plan for Community Shuttle Service. City will collaborate with County to monitor service standards as necessary under FTA Circular 4702.1 B. -28 - E ti a I E 3 k ARTICLE 11. MISCELLANEOUS 11.1 RIGHTS IN DOCUMENTS AND WORK. Any and all reports, photographs, surveys, and documents created by City in connection with performing Community Shuttle Service under this Agreement shall be owned by County and shall be deemed works for hire by City and its agents; in the event the Community Shuttle Service is determined not to be a work for hire, City hereby assigns all right, title, and interest, including any copyright or other intellectual property rights in or to the work, to County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by City, whether finished or unfinished, shall become the property of County and shall be delivered by City to the Contract Administrator within seven (7) days after termination of this Agreement. Any compensation due to City may be withheld until all documents are received as provided in this Agreement. City shall ensure that the requirements of this section are included in all agreements with its Subcontractors. 11.2 PUBLIC RECORDS. To the extent City is acting on behalf of County as stated in Section 119.0701, Florida Statutes, City shall: 11.2.1 Keep and maintain public records required by County to perform the services under this Agreement; 11.2.2 Upon request from County, provide County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 11.2.3 Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion or termination of this Agreement if the records are not transferred to County; and 11.2.4 Upon completion or termination of this Agreement, transfer to County, at no cost, all public records in possession of City or keep and maintain public records required by County to perform the services. If City transfers the records to County, City shall destroy any duplicate public records that are exempt or confidential and exempt. If City keeps and maintains the public records, City shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County upon request in a format that is compatible with the information technology systems of County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records -29 - I u requests. City will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that City contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET." In addition, City must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and q stating the factual basis for same. In the event that a third party submits a request p to County for records designated by City as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by City. City shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954) 357-8385 OR (954) 357-9721, j WDELTORO@BROWARD.ORG OR TRANSITRECORDS@BROWARD.ORG, 1 NORTH UNIVERSITY DRIVE, SUITE 3100A, PLANTATION, FLORIDA 33324. f 11.3 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 Agreement. 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 this Agreement and performance under this Agreement. All such books, records, and accounts 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 Subcontractors shall make same available in written form at no cost to City. 11.3.1 City and its Subcontractors shall preserve and make available, at reasonable times within Broward County, Florida, for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for at least three (3) years after expiration or termination of this Agreement or until resolution of any audit findings, whichever is longer. Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County the right to conduct such audit or review at City's place of business, if deemed appropriate by County, with seventy-two (72) hours' advance notice. - 30 - 11.3.2 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. If an audit or inspection in accordance with this section discloses overpricing or overcharges to County of any nature by City in excess of five percent (5%) of the total contract billings reviewed by County, the reasonable actual cost of County's audit shall be reimbursed i to County by City in addition to making adjustments for the overcharges. Any adjustments or payments due as a result of such audit or inspection shall be made within thirty(30)days after presentation of County's findings to City. 11.3.3 City shall ensure that the requirements of this section are included in all li agreements with its Subcontractor(s). 11.4 PUBLIC ENTITY CRIME ACT. City represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. City further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, 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. 11.5 INDEPENDENT CONTRACTOR. City is an independent contractor under this Agreement, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing Community Shuttle Service under this Agreement, neither City nor its agents shall act as officers, employees, or agents of County. City shall not have the right to bind County to any obligation not expressly undertaken by County under this Agreement. 11.6 SOVEREIGN IMMUNITY. Except to the extent sovereign immunity may be p deemed to be waived by entering into this Agreement, nothing herein is intended to serve I as a waiver of sovereign immunity by County or City nor shall anything included herein V be construed as consent by County or City to be sued by third parties in any matter arising out of this Agreement. County is a political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes. 11.7 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. 11.8 NOTICES. In order for notice to a party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via e-mail, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous e-mail is also sent). The addresses for notice shall remain as set forth in this section 0 - 31 - unless and until changed by providing notice of such change in accordance with the provisions of this section. FOR COUNTY: Chris Walton, Director Broward County Transit Division One North University Drive, Suite 3100A Plantation, FL 33324 cwa Ito n(cD-b rowa rd.o ra FOR CITY: Ana M. Garcia, City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 agarciaC@.daniabeachfi.gov 11.9 ASSIGNMENT. All Subcontractors must be expressly identified in this Agreement or otherwise approved in advance and in writing by County's Contract Administrator. Except for subcontracting approved by County in advance, neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by City without the prior written consent of County. If City violates this provision, County shall have the right to immediately terminate this Agreement. 11.10 MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term of this Agreement. 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. To be effective, any waiver must be in writing signed by an authorized signatory of the Party. 11.11 COMPLIANCE WITH LAWS. City and the Community Shuttle Service must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. 11.12 SEVERABILITY. In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. i - 32 - t I I i 11.13 JOINT PREPARATION. This Agreement has been jointly prepared by the Parties and shall not be construed more strictly against either Party. 11.14 INTERPRETATION. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect 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, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" f means calendar days, unless otherwise expressly stated. 11.15 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision of Articles 1 through 11 of this Agreement, the provisions contained in Articles 1 through 11 shall prevail and be given effect. 11.16 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. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit j shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND i COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 11.17 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by duly authorized representatives of County and City. 11.18 PRIOR AGREEMENTS. This Agreement represents the final and complete understanding of the Parties regarding the subject matter and supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. 11.19 PAYABLE INTEREST 11.19.1 Payment of Interest. County shall not be liable to pay any interest to City for any reason, whether as prejudgment interest or for any other - 33 - i f I I I II i 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 arising from, related to, or in connection with this Agreement. This subsection shall not apply to any claim for interest, including for post judgment interest, if such application would be contrary to applicable law. 11.19.2 Rate of Interest. If the preceding subsection is inapplicable or is determined to be invalid or unenforceable by a court of competent jurisdiction, the annual rate of interest payable by County under this Agreement, whether as prejudgment interest or for any other purpose, shall be, to the full extent permissible under applicable law, one quarter of one percent(0.25%)simple interest(uncompounded). 11.20 INCORPORATION BY REFERENCE. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference. The following exhibits are attached hereto and incorporated into and made a part of this Agreement: i Exhibit A Service Schedules, Routes & Maps f Exhibit B Drug Free Workplace Certification Exhibit C Schedule of Reports Exhibit D Vehicle & Equipment Inventory Exhibit E Pre-Trip & Post-Trip Inspection Form Exhibit F Funding Exhibit G Invoice 11.21 REPRESENTATION OF AUTHORITY. City represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of City, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that City has with any third party or violates any law, rule, regulation, or duty arising in law or equity applicable to City. City further represents and warrants that I execution of this Agreement is within City's legal powers, and each individual executing f this Agreement on behalf of City is duly authorized by all necessary and appropriate action to do so on behalf of City and does so with full legal authority. 11.22 COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is intentionally left blank.) -34 - i 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 j action on the day of 20 and CITY OF i signing by and through its duly authorized to execute same. COUNTY i WITNESSES: BROWARD COUNTY, by and through its County Administrator By I By Print Name: Bertha Henry, County Administrator By day of , 20 Print Name: I Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Angela J. Wallace (Date) Deputy County Attorney AJW.hb Community Shuttle Form.Standard.doc MUM 19-114.02 - 35 - I fE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND FOR COMMUNITY SHUTTLE SERVICE f CITY ATTEST: CITY OF By: City Clerk City Manager f day of , 20, (CORPORATE SEAL) i E APPROVED AS TO FORM: i By: I City Attorney f l : f I I E I - 36 - i i G E Exhibit A Service Schedules, Routes & Maps l i I 1 I i I I I f i 1 i - 1 - INFORMATION For more information about the City of Dania Beach DANIA BEACH Community Shuttle Service routes and connections: 954-924-6800 Ext. 3626 East Route Monday-Friday:8:30AM-5PM West Route Hearing-speech impaired/TTY: 954-925-1388 Visit the City of Dania Beach's web site BCT Route 740 East www.daniabeaehfi.gov BCT Route 741 West For more information about BCT routes,fares or connections,call: BCT Rider Info: 954-357-8400 Hearing-speech impaired/T1Y* 954-357-8302 *Teletype machine required BRW ARID COUNTY DANIA BEACH Visit Broward County Transit's web site at: SEA IT,LIVE IT.LOVE IT. Broward.org/BCT This publication can be made available in Community Shuttle Service alternative formats upon request by contacting Routes and Timetables 954-357-8400 or M 954-357-8302. BPQ3 VVARD os.- CO ®000ao . BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TRANSPORTATION DEPARTMENT ,', An equal opportunity employer and O provider of services. PROTECTIONS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AS AMENDED Any person(s) or group{s) who believes that they have been subjected to discrimination because of race,color,or national origin, under any transit program or activity provided by Broward County Transit(BCT),may call 954-357-8481 to file a TitleVl discrimination complaint orwrite to Broward CountyTransit Division,Compliance Manager,1N.University Drive,Suite 3100A,Plantation,FL33324. Effective: April 2014 I I i i i DANIA BEACH COMMUNITY The Dania Beach Community Shuttle Routes will not I SHUTTLE ROUTES SERVICE operate once a hurricane warning has been issued or if j other hazards do not allow for the safe operation of the [ The City of Dania Beach and Broward County Transit shuttle. (BCT) have partnered to provide the Dania Beach East and West Routes. This community shuttle service will HOLIDAYS increase the number of destinations and connections that can be reached through public transit. Destinations The Dania Beach East and West Routes do not operate on along the Dania Beach Routes include: Dania Beach the following holidays observed by City of Dania Beach: City Hall &Library, Frost Park & Dania Jai Alai, Dania Beach Marina, Antique District Shops, US Post Office, • New Year's Day I Hotel Complex, Oakwood Plaza,Airport Tri-Rail Station, • Thanksgiving Day Sportsman's Park,Patrick J.Meli Park,Hard Rock Hotel • Christmas Eve/Day and Casino and surrounding neighborhood. BIKE RACKS Connections are available to BCT Routes 1 and US 1 Bike racks are available on the Dania Beach Community Breeze, 4, 6, 12, 15, 16, 18 and 441 Breeze, and the Shuttles. Bike racks are designed to carry two bikes South Florida Education Center(SFEC)Shuttle. only. It is important to have the operator's attention before loading and unloading your bike. As the shuttle All shuttles on this route are air-conditioned and approaches, have your bike ready to load.Remove any wheelchair accessible in accordance with the Americans loose items that may fall off. with Disabilities Act (ADA). Bicycle racks are also provided.Please refer to this pamphlet for instruction on Loading how to correctly use the bicycle racks. • Always load your bike from the curbside of the street. The Dania Beach Community Shuttle Route is free of • Lower-Squeeze the handle and pull down to release charge,but riders making connections to BCT routes are the folded bike rack. expected to pay the appropriate fares. • Lift your bike into the rack,fitting the wheels into the slots of the vacant position closest to the shuttle. HOURS OF OPERATION • Latch-Pull and release the support arm over the front tire,making sure the support arm is resting on the tire, EAST ROUTE:Monday Through Saturday:9AM—5:3oPM not on the fender or frame. WEST ROUTE:Monday Through Saturday:9AM—5:47PM The Dania Beach East Route operates approximately Unloading every 60 minutes, with assigned stops. This route • Before exiting, notify the operator you are removing provides service to Dania Beach Marina beginning at your bike. 11AM. • Pull the support arm off the tire.Move the support arm The Dania Beach West Route operates approximately down and out of the way.Lift your bike out of the rack. every 75 minutes, with assigned stops. This route If your bike is the only one on the rack,return the rack provides service to Hard Rock Hotel and Casino beginning to the upright position. at 9AM. • Move quickly to the curb. Please refer to the timetable and map on the reverse side of this pamphlet.The shuttle will operate as close to schedule as possible.Traffic conditions and/or inclement weather may cause the shuttle to arrive earlier or later cost copies 6 this public document was promulgated public a gross than the expected time. Please allow yourself enough cost of ity shut or servic$1.32e b copy, to inform the public about community shuttle service between Broward County Transit and time when using this service. the city of Dania Beach.3/19 1 I WEST ROUTE W � '' m S W �j M Z y iMo M y a o o i ma o x o ¢~ mya 2Qap yQyyypQpQ�� a3 U- (� YyyyO S= 0 zz (A Cp.1 OY aN LL' G�76=. St�A mCC-C .0a, 0a' �N OG9 0 0 0 0 © 0 0 0 0 0 0 0 0 9:OOa 9:04a 9:07a 9:13a 9:28a 9:33a 9:38a 9:45a 9:48a 9:55a 10:OOa 10:03a 10:15a 10:15a 10:19a 10:22a 10:28a 10:43a 10:48a 10:53a 11:00a 11:03a 11:10a 11:15a 11:18a 11:30a 11:30a 11:34a 11:37a 11:43a 11:58a 12:03p 12:08p 12:15p 12:18p 12:25p 1230p 12:33p 12.45p 12:45p 1249p 12:52p 12:58p 1:13p 1:18p 1:23p 1:30p 1:33p 1:40p 1:45p 1:48p 2:OOp 2:00p 2:04p 2:07p 2:13p 2:28p 2:33p 238p 2:45p 2:48p 2:55p 3:OOp 3:03p 3:15p 3:15p 3:19p 3:22p 3:28p 3:43p 3:48p 3:53p 4:OOp 4:03p 4:10p 4:15p 4:18p 4:30p 4:32p 4:36p 4:39p 4:45p 5:OOp 5:05p 5:10p 5:17p 5:20p 5:27p 5:32p 5:35p 5:47p Bold numbers indicate P.M.hours. EAST ROUTE I '� � W Z W W W J Z CA CO3 m N V W Qa *a WIL �J gQ W °� m mph mz p6� C m � g0C m afaZ� ppCa �- m 0 opu°od" z� G2 od om H U3 Ho �y apace a� uaiYG7J 0 0 0 0 ® 0 0 0 0 0 m 0 m m 0 9:OOa 9:04a 9:07a 9:10a 9:14a 9:17a 9:21a 9:26a 9:31a 9:36a 9:39a 9:46a 9:52a 9:57a 9:57a 10:01a 10:04a 10:07a 10:11a 10:14a 10:18a 10:23a 10:28a 10:33a 10:36a 10:43a 10:49a 10:54a 10:54a 10:58a 11:01a 11:04a 11:11a 11:16a 11:20a 11:24a 11:29a 11:34a 11:39a 11:42a 11:49a 11:55a 12:OOp 12:OOp 12:04p 12:07p 12:10p 12:17p 12:22p 12:26p 12:30p 12:35p 12:40p 12:45p 12:48p 12:55p 1:01p 1:06p 1.06p 1:10p 1:13p 1:16p 1:23p 1:28p 1:32p 1:36p 1:41p 1:46p 1:51p 1:54p 2:01p 2:07p 2:12p 2:12p 2:16p 2:19p 2:22p 2:29p 234p 2:38p 2:42p 2:47p 2:52p 2:57p 3.00p 3:07p 3:13p 3:18p 3:18p 3 22p 3:25p 3:28p 3•.35p 3:40p 3:44p 3:48p 3:53p 3:58p 4.03p 4:06p 4:13p 4:19p 424p 424p 428p 4:31p 4:34p 4:41p 4:46p 4:50p 4:54p 4:59p 5:04p 5:09p 5:12p 5:19p 5:25p 5:30p r DAVIS4T; ISLESFFIN RD. Q GRIFFIN RD. NT r aparonry A „aaI U P t NORTH ���q��t'uA0 NW 2 ST. NW 2 ST. max++ NEPST.a S3 CT. NE2ST. ©NEGAVE. MR usimJNR&HOTELG d V NW15T.8© NW1ST OSf PAHKB©sw55ST. NwiaAV6 >moe Q oaxMSxEApCN PARK NE t ST. Bann GAN&MORLLL sw 54 cr. g NW t ST. o��E DANIA BEACH BLVD. NYATT a LAGEAD IOT BEAc� o ACRES f TgeE� srnuxopo, y WMN-DAtlE 0.fiN caxaua w ,�, A a ( o Y Y STIRLING RD. SE 3 ST. i m KMfil OAKWOOD pLg7 �M CASEACH a y fT1 I O f Y N O SE 10 ST. C AA N AN ® y h.a2 SE10 Ynleu COLLEGE SHERIDAN ST. sxm"mu 0 m sauAAE SHERIDAN ST. SHERIDAIST. SHWA{� Exhibit B Drug Free Workplace Certification - 1 - EXHIBIT "B" i� DRUG FREE WORKPLACE CERTIFICATION The undersigned vendor hereby certifies that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace,and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (1) The dangers of drug abuse in the workplace; (ii) The offeror's policy of maintaining a drug-free workplace; (iii) Any available drug counseling,rehabilitation,and employee assistance programs;and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph(1); (4) Notifying all employees,in writing,of the statement required by subparagraph(1),that as a condition of employmenton a covered contract,the employee shall: (1) Abide by the terms of the statement;and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state,for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4)(ii)above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph(4)of a conviction,taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal,state,or local health,law enforcement,or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1)through(6). (Vendor Signature) (Print Vendor Name) STATE OF I COUNTY OF The foregoing instrument was acknowledged before me this_day of 20_, by (Name of person who's signature is being notarized) as of (Title) (Name of Corporation/Company) known to me to be the person described herein,or who produced l (Type of Identification) as identification,and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) i My commission expires: (05/2014) i C f Exhibit C Schedule of Reports EXHIBIT "C" Active Drivers Current list of Vehicle Operators Monthly 10th of each month` Detailed summary of allreceived complaints including: date oforiginal complaint contact information, description of complaint and complaint Complaints resolution Monthly 16th of each month Reports summarizing City's Drug and Alcohol testing program results to Drug&Alcohol Certification the BCT Drug and Alcohol Program Manager Quarterly and Annually Quarterly and Annually by February 15th Insurance Valid,insurance certificate in accordance with contract requirements Annually Attime'of applicable renewal Invoiced quarterly based on County's certified projected annual funding Invoice to City each Fiscal Year Quarterly October 10th,January i Oth,April 10th,and July 10th Major accidents and incidents resulting in a loss of life,injuries,disruption of service; or over $25,OOD property damage with details such as As needed when qualifying events Major Accidents and Incidents operator and supervisor's report,police report case number,and photos - occur 72 hours after event Driving record as compiled by State of Florida Department of Motor Vehicles on City's or Contractor's active drivers. This action is apart from normal background checks required for prospective new hires of bus Motor Vehicle Report(MVR) operators Semi-Annually Every six(6)months Notarized Safety Certifications to FDOT with a copy to County that attest to compliance with adopted Security Program Plan(SPP)and System Safety Program Plan(SSPP). The Safety`Certifications shall comply with standards set forth in'Rule14-90,Florida Administrate Code,Equipment City shall submit certifications to County by February Sth for and Operation Safety Standards for Bus Transit Systems as currently in comments and corrections. City shall present County's Safety Certification enacted or as may amended from time to time Annually approved certifications to FDOT by February 15th Route detail daily passenger counts, revenue miles, vehicle miles, Service Summary Report vehicle odometer readings,and missed service Monthly 101h of each month Certified inventory confirming=Contracts?Grants Administrator's request on City's formal letterhead.to the=attention of Contracts / Grants' Vehicle Inventory(County) Administrator at end of County's Fiscal Year; Annually October 23rd Detailed inventory and odometer readings on each revenue service Vehicle Inventory(NTD) vehicle for NTD Annually November tat Annual report of system statistics including ridership,vehicle and revenue service hours and;miles, City demographics/census, expenses and revenue'reported annually by January 31st for the previous fiscal year to Annual System Report(NTD) the National Transit Database(NTD), Annually January 31st Confirmation of Vehicle transactions involving County Vehicles(loaners, As needed when qualifying events Vehicle Transactions Exchanges,Transfers and/or Returns)on County Approved Form occur Next business day *If the 10th of the Month falls on weekend or a•Couhty observed holiday,then reports are due the following normal business day Notes; CommunityShuttleReports@Broward.org is the dedicated email for submission of all reports unless otherwise designated by the Contract Administrator.The format of reports,either electronic or paper,is at the sole discretion of the Contract Administrator. Additional reports may be added as deemed necessary by the Contract Administrator. COUNTY will provide the guidance,instructions,and/or template required to meet requirements for each report. CITY is responsible for accurate data reporting and documentation. Exhibit D Vehicles & Equipment Inventory a n - 1 - 4 V K EXHIBIT"D" City of Dania Beach Vehicles for Fiscal Year 2020 Vehicle# Year Make Seats Asset VIN M1374 2013 ENCAerotech 16/2 316406 1GB6G58L8D1124421 M1452 2015 Chevy El Dorado 16/2 316620 1GB6G5BL5F1127263 i C E (E d i IMPORTANT INFORMATION p ' SECTION 320.0605,Florida Statutes,requires this registration certificate or an official ' copy or a true copy of a rental or lease agreement issued for the motor vehicle described be in possession of the operator or carried in the vehicle while the vehicle is being used or E operated on the highways or streets of this state. /} SECTION 316.613,Florida Statutes,requires every operator of a motor vehicle while 137q 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 a vehicle manufacturer's integrated child seat,fnr 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, l Mail To: BROWARD COUNTY BOARD OF COUNTY Importantnote:If you cancel the insurance for this vehicle, s 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 Safety, POMPANO BCH,FL 33069 Return Tags,2900Apalachee Parkway,Tallahassee,FL32399. -surrendering the plate will prevent your driving privilege from being (` suspended. CO/AG1Y 10 /1 T# 765585127 FLORIDA VEHICLE REGISTRATION B# 1287216 PLATE TC7930 DECAL Expires NO EXPIRATION YR/MK 2013/ELDO BODY BU COLOR WHI Reg.Tax 48.85 Class Code 97 VIN 10860581.8131124421 TITLE 112823306 Init.Reg. Tax Months 12 Plate Type NVR NET WT 10480 CountyFee 3.00 Back Tax Mos Mail Fee Credit Class DL/FEID 566000531-01 Sales Tax Credit Months Date issued 0/8/2013 Plate Issued BB/2013 Voluntary Fees Grand,Total 51.85 IMPORTANT INFORMATION IBROWARD COUNTY BOARD OF COUNTY 1. The Florida license plate must remain with the registrant upon sale of vehicle. COMMISIONERS 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to 3201 W COPANS RD a replacement vehicle. POMPANO BCH,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. NVR-COUNTY VEHICLES PLATEISSUEDX f I i d t l IMPORTANT INFORMATION " SECTION 320.0605,Florida Statutes,requites this registration certificate or an official i copy or a true copy of anmtal or lease a&mnnent issued for the motor vehicle descaw be •hi possession of the operator or died in the vehicle while the vehicle is being used or operatai an thb highways or streets of this state, . I I SECTION 316.613,Florida Statutes,requires every operator of amotor vehicle white transporting a child is epasseuger 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 ago or younger, provideforprotection oftht child by properly using a crash-tested,federally approvad child repaint device. For children aged through 3 years,such restraint device must be a separato ;1 odor or a vehiclemanufachzrei's integrated child seat,for children aged4 through 5 years, a separate carrier or scat belt may be used. SECTION 627,733 Florida Statute rand f' s,requires curry Florida No�FaultInsuranae to � be matiatahied continuously througboutthe erd3re registration period;failure to watutain the required wvcrW could result in suspension of your driver liccaso and registration, Mail To: BROWARD COUNTY BOARD OF COUNTY Important note:If you canal the=*'urmce for this vehicle, CO11q'�4USIONERS immedietety rtet un the license plate from this registration to a Florida 3201 W CO-tA.NS RD drive tioense or tax collector office or mail it to:Dept,of Highway Safety, POMPANO.BCH,FL 33069 Return Tags 2900 Apalachee Parkway,Tallahassee,FL 32399. S wmaderiag tbe.plate will prevent your driving privilege from being suspended, • s CO/AGY 10 11 Ill 847258062 6 FLORIDA VEHICLE REGISTRATION B4 1475958 a t 'LATE TE1195 DECAL Expaes NO EXPIRATION (R/MK 2015WL)DO BODY RU Rug,Tax 36.30 Class Code 97 IIN 1GNG5BL5]F1127263 TITLE 118289741 Init.Reg. Tax Months 12 ,late Type NVR NET WT 10516 (iV W 14200 County Foe 3.00 Back Tax Mos Mai[Fee Credit Class )L/.FEID 566000531-01 Sales Tax Credit Months )ate Issued 3/26/2013 Plate Issued 3/26/2015 Voluntary Fees Grand Total 39.30 IMPORTANT MORMATIOAI IRO WARD COUNTY BOARD OF COUNTY 1. The Florida ficAmse plate must remain with the regD& mt upon sale of vehicle. :t)l6IPr11SIONIEA�S 2. TheregistratloumustbedalivatedtoaTar.CollectmorTagAgentforhaasforto 201 W cows IRJO a repiacamaut vehicle "OMPANO ECA FL 33069 3, Your registration must be updated to your new address within 20 days of moving, 4. Registration renewals are the responsibility ofthertgistrant and shall occur during the 30-day period prior to the expiration:date shown on this registration. Renewal nWc as are provided as a courtesy and are not rvqulred for renewal purposes. 5. 1 understand that my driver licto=and rcgistralions will be suspended immediately if the inau=denies the insurance information submtittad far this rogle(atiom iVR-COUNTY VEHICLES PLATE 1SMa)K rM r d.- x, n ^. v:+`, 4 ,e'. ' �. , t`.'r ,s} ;z� �;. qt' ,'• ,� ?ma,?tK,�pf� �I47'� ut5��7G�r� t� i~ m}t5,�r �r �.: ( a..��' -r � �25� 7�F�ti`r� r � G tfi , i i Exhibit E Pre-Trip & Post-Trip Inspection Form x i i 1 - 1 - Figure 1: FDOT-Approved Pre-Trip/Post-Trip Inspection Form E The form below can be used to perform pre-trip and post-trip Inspections that meetFDOT's minimum requirements. Agencies may use their own customized forms as long as the form contains all of the inspection items listed In Table 1 or in the figure below. Copies of this form are available upon request. g C Pre-trip/Post-trip Inspection Form I 6 Agency Unit lD# Pre-trip Inspection Date Post-rip Inspection i Mileage Vehicle component OK Defective Comment Headlights Tail/Brake lights Back up Lights Back up Alarm Turn Signals Clearance Lights Windshield Wipers Interior Lights E Interior Gauges and Warning System Climate Control Mirrors Parking brakes [[[ Service brakes Steering Horn Fire extinguisher Emergency Exit Windows and Door Passenger Doors Overall cleanliness Fresh body damage Tires and Wheels Exhausts stem If Equipped: _ Interlock System Wheelchair lift and ramp _ Belts and Securement Devices First Aid IGt Flares and Triangles Fire Suppression System Driver's Name Manager's Name Repair Noter. Technidan's Name i E V8.25.17 i FDOT Preventative Maintenance Standards Manual—Edition 4.1 ' Institute for Applied Business Research,Florida State University College of Business Page 7 PI Exhibit F Funding EXHIBIT "F" City of Dania Beach Operating Funding Fiscal Year 2020 Community Bus Service -(41.33/Hour) East Route Buses Service Span of Service Frequency Daily Vehicle Days Funding Per Annual Funding Hours Vehicle Hour t 1 Weekday 9:00a-5:30p .60 min 9.00 258 $41.33 $ 95,968.26 1 Saturdays 9:00a-5:30p 60 min 9.00 52 $41.33 $ 19,342.44 Route Total $ 115,310.70 [ West Route Buses Service Span of Service Frequency Daily Vehicle Days Funding Per Annual Funding Hours Vehicle Hour 1 Weekday 9:00a-5:47p 60 min 9.28 258 $41.33 $ 98,953.94 (( 1 Saturdays 9:00a-5:47p 60 min 9.28 52 $41.33 $ 19,944.20 Route Total $ 118,898.14 Total Annual Funding $ 234,208.84 4 I pp gC 1 {[l P p� t [(jY [4 k ff f C t !s 1 Exhibit G Invoice i i i i I - 1 - CITY LOGO iNVOICE INVOICE# DATE MAILING City of Dania Beach BILL Broward County-Transit INFO Street Address TO Contract Grant Administrator City,ST ZIP 1 N University Drive Suite 31ODA theemail@somewhere com Plantation,P133324 CommunityShuttleReoorts(ccb browa rd.o ra DESCRIPTION Revenue Service Hours Deadhead Hours Total Vehicle Hours RATE AMOUNT C Description of Service a o- SUBTOTAL $ - DeducHonsiMissed Service $ TOTAL $ Make all checks payable to, o- t t E