HomeMy WebLinkAboutR-2020-007 City Authorizing the Award of a Bid Related to Invitation to Bid No. 19-009 for Community Bus Transportation Services to Limousines of South Florida, Inc. in an amount of $45.00 per hour. RESOLUTION NO. 2020-007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF A BID RELATED TO
INVITATION TO BID ("ITB") NO. 19-009 FOR COMMUNITY BUS
TRANSPORTATION SERVICES TO LIMOUSINES OF SOUTH FLORIDA,
INC. IN AN AMOUNT OF FORTY FIVE DOLLARS ($45.00) PER HOUR;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida ("City") advertised Invitation to Bid
("ITB") No. 19-009, "Community Bus Transportation Services" on the City website,
DemandStar and in the Sun-Sentinel newspaper on October 23, 2019; and
WHEREAS, a mandatory pre-bid meeting was held on Thursday, November 7, 2019 at
10:30 a.m.; and
WHEREAS, on Friday, November 22, 2019, one bid was received from one (1) firm as
follows:
Limousines of South Florida, Inc. $45.00/hour; and
WHEREAS, the City Bid Review Committee noted Limousines of South Florida, Inc.
(LSF) was the sole vendor and recommends that the City Commission award the contract to LSF
as the most responsive and responsible proposer for the services requested by the City in an
amount of Forty Five Dollars ($45.00) per hour, not to exceed the annual budgeted amount of
Two Hundred Twenty Two Thousand Five Hundred Dollars ($222,500.00); and
WHEREAS,the existing Agreement between the City and LSF expired on December 31,
2019; the City and LSF agreed to extend that Agreement for one month, effective January 1,
2020 through January 31, 2020;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed as being true
and correct, and they are made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute an Agreement with
Limousines of South Florida, Inc., to provide community bus transportation services in the
AGREEMENT
This is an Agreement, entered into and is effective on , 2020,
between THE CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the
"City"), having an address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and
LIMOUSINES OF SOUTH FLORIDA, INC. d/b/a LSF SHUTTLE, a Florida corporation
(the"Contractor"), having an address of 3300 SW 1 lch Avenue, Fort Lauderdale, Florida 33315.
This Agreement contains terms and conditions under which the Contractor shall furnish
all services necessary for certain public transportation services desired by the City.
IN CONSIDERATION of the mutual promises and covenants contained in this
Agreement, and for other good and valuable consideration, the receipt, adequacy and sufficiency
of which are acknowledged and agreed upon, the parties, intending to be legally bound, agree as
follows:
SECTION ONE
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Sections 1 through 15, inclusive. Other terms
and conditions are included in exhibits and documents and they are expressly incorporated into
this Agreement by this reference.
1.2 Qjy- The City of Dania Beach, a municipal corporation of the state of Florida.
1.3 Co un - Broward County, a political subdivision of the state of Florida.
1.4 Contractor—Limousines of South Florida, Inc. d/b/a LSF Shuttle, Inc.
1.5 Invitation to Bid ("ITB") "The Invitation to Bid-Community Bus Transportation
Services, Bid No. 19-009" the terms of which are made a part of and are incorporated into this
Agreement by this reference. If there is a conflict between the "ITB" provisions, and the
provisions of this Agreement, the terms of this Agreement shall prevail.
1.6 Revenue Service Hour — The hourly amount specified in Section 14 below for
transportation services rendered.
SECTION TWO
CONTRACTOR'S SERVICES
2.1 Contractor agrees to provide all services necessary for the day to day management,
operation and maintenance of the public transportation services described below.
2.2 Contractor shall provide free fare public transportation services (until such time as
City determines a fare to be appropriate), within the City at the locations and according to
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schedules as stated in the Agreement between Broward County and the City of Dania Beach for
Public Transportation Services dated October 1, 2019, which is made a part of and is
incorporated into this Agreement by this reference. Contractor shall comply with every term,
condition, duty and obligation set forth in the Agreement and with all exhibits attached to it.
2.3 The established service shall be on a fixed route basis with designated
intermediate stops, consisting of a minimum of twenty-four (24) hours per week. The public
transportation service shall connect with regular County bus routes. The routes for the
Community Bus Transportation Services within the City of Dania Beach are shown in Exhibit
«A",
2.4 The Contractor shall maintain a minimum average of five (5) passengers per hour
of operation on each route operated by the City and Contractor. In the event that Contractor
does not maintain such minimum average of passengers, City shall be authorized to immediately
terminate this Agreement after notice is provided as specified in Section ten (10) below. County
shall assist City and Contractor in their efforts to increase ridership, which may include
modification of the routes.
2.5 Contractor shall comply will all applicable requirements of the Americans with
Disabilities Act (ADA) at all times while the vehicles provided are being utilized for public
transportation and while utilizing any and all routes approved in this Agreement. To the extent
that any terms of this Agreement are inconsistent with the ADA, the requirements of the ADA
shall control.
2.6 Contractor shall at all times during this Agreement comply with the requirements
of Broward County Ordinance No. 92-8, pertaining to the maintenance of a Drug Free Work
Place Program.
2.7 Insofar as possible, scheduled service shall be coordinated with existing County
bus service. It is the intent of the parties that City's scheduled service shall not duplicate existing
County bus service.
2.8 Contractor shall maintain certain records of information and data in the format
prescribed by the County, shall furnish such records to the County on a monthly basis, and shall
furnish copies of such records to the City on a monthly basis.
2.9 Contractor shall, at all times, have and maintain in proper working order a
dedicated Telecommunications Device for the Deaf(TTY)number.
2.10 Contractor shall at all times during this Agreement comply with all applicable
requirements of the United States Department of Transportation and the Federal Transit
Administration, which shall include, but not be limited to regulations for drug and alcohol
testing. To the extent that any terms of this Agreement are inconsistent with the United States
Department of Transportation regulations, the requirements of the United States Department of
Transportation shall control.
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2.11 Contractor agrees that throughout the term of this Agreement that the Broward
County Transit (`BCT") logo, City identification and the County assigned identification numbers
shall be conspicuously displayed on the rear of the vehicles at all times and the City logo shall be
displayed on both side of all vehicles at all times.
2.12 Contractor agrees that, subject to County approval, should City derive advertising
revenues from advertisements displayed on the vehicles, Contractor shall not obtain any revenues
from such advertisements.
SECTION THREE
CITY'S SERVICES
3.1 City shall review all policies established by the Contractor relative to the public
transportation services.
3.2 City shall review the service planning, including adjustments to routes, schedules
and such other factors that affect the quality of service provided. City shall have the right to
require reasonable adjustments to the routes and Contractor agrees to comply with such
adjustments in the routes.
3.3 City shall provide Contractor with bus route timetables prepared by Broward
County Mass Transit Division sufficient to inform City and County residents, visitors and
passengers of service to be made available.
3.4 City, in coordination with County, shall be responsible for designation of transit
stops and Contractor shall only use such stops for the authorized route(s).
3.5 City shall hold the funds distributed by Broward County to support the public
transportation service and remit the applicable amount of such funds monthly to Contractor as
they become due.
3.6 City shall lease to Contractor two (2) wheelchair accessible, passenger vehicles,
obtained from the County, to be used in regular route service. Such vehicles shall comply with
the ADA and all applicable federal and state regulations. The vehicles shall be leased to the
Contractor for Ten Dollars ($10.00) each per year. Prior to the acceptance of the vehicles by
Contractor, Contractor, at its own cost, shall have the right to inspect, or cause to be inspected,
the vehicles by a mechanic designated by the Contractor.
3.7 City shall, if provided to City by County, provide to Contractor the manufacturer's
warranties and maintenance shop manuals.
SECTION FOUR
PERFORMANCE STANDARDS
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4.1 The public transportation service described in this Agreement must begin on
February 1, 2020.
4.2 Contractor shall complete one hundred percent (100%) of all scheduled trips on a
daily basis, subject to delays which are attributable to vehicular accidents and mechanical failure
which do not arise due to Contractor's failure to properly maintain the vehicles.
4.3 The Contractor will be responsible for all costs associated with performance under
the Contract, including but not limited to supervision, labor, material, minor parts and supplies,
equipment, tools,transportation,travel time and shop facilities.
SECTION FIVE
PERSONNEL REOUIREMENTS
5.1 Contractor shall designate a Project Manager who will oversee the complete
operation of the public transportation service and who will serve as day to day liaison with the
City.
5.2 Vehicle chauffeurs employed by Contractor during the term of this Agreement
shall be properly licensed operators. The vehicle chauffeurs shall possess the qualifications as
required by the State of Florida and the County. The vehicle chauffeurs shall be required to
attend and successfully complete the County's training program prior to operating the vehicles.
SECTION SIX
CONDITION AND MAINTENANCE OF THE VEHICLES
6.1 Vehicles shall be maintained in good condition, both operationally and in their
appearance, and in accordance with the County's requirements. All vehicles and required
equipment shall be kept in good repair and condition, satisfactory to the City.
6.2 Contractor shall maintain the vehicles in accordance with manufacturer's
standards.
SECTION SEVEN
RECORD KEEPING,REPORTING AND AUDITING
7.1 Contractor shall be required to maintain all project records as requested by the
City. Contractor shall permit authorized representatives of City to examine all data and records
related to the project or according to the scheduled reporting periods.
7.2 Contractor shall record on a daily basis and report weekly to the City all
disruptions in service, late service, vehicle breakdowns, accidents, vehicles out of
service/commission and any other incident affecting service.
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7.3 Contractor's Project Manager shall also document passenger complaints and
describe any actions taken to resolve such complaints on a weekly basis. Contractor agrees to
submit copies of such documentation to City on a weekly basis.
7.4 Contractor's Project Manager shall provide accurate reports on ridership by route
and by trip to the City on a monthly basis.
7.5 Records shall be maintained by Contractor. These records shall show details of
transactions pertaining to the management, maintenance and operation of the service and all
books, accounts and records shall be available for inspection by the City upon demand.
SECTION EIGHT
PRE-SERVICE REQUIREMENTS
The following items shall be delivered to the City by Contractor at least two days prior to
the start of the service and are subject to approval by the City.
8.1 An operations manual for the public transportation service which documents all
operational procedures and policies, including but not limited to the following:
(a) Vehicle operating procedures;
(b) Communications operating procedures;
(c) Driver conduct rules and regulations;
(d) Safety procedures;
(e) Accident procedures;
(f) Administration and reporting procedures;
(g) Other operating procedures and policies as required for proper operation of
the service;
(h) Job description for drivers' administrative personnel;
(i) Maintenance procedures for all vehicles;
0) Final system schedules; and
(k) Training procedures for vehicle drivers.
SECTION NINE
TERM AND TIME OF PERFORMANCE
9.1 The term of this Agreement shall become effective on February 1, 2020, and shall
remain in effect for a term of two (2) years. The term of the Agreement may be renewed for one
(1) additional one (1) year period upon mutual written agreement by the parties, at the same per
hour cost and maximum annual cost as specified in Section Fourteen, below.
The City has the right to exercise its option to renew this Agreement, but is under no
obligation to extend or renew it.
SECTION TEN
TERMINATION
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10.1 This Agreement may be terminated for cause upon seven (7) days written notice
by the parry that elected to terminate, if the parry in breach has not corrected the cause within
seven (7) days after written notice, which notice must identify the cause. This Agreement may
also be terminated for convenience by action of the City upon not less than ten(10) days' written
notice by the City to the Contractor.
10.2 Termination of this Agreement for cause shall include, but not be limited to,
failure to suitably perform the services, failure to continuously perform the services in a manner
calculated to meet or accomplish the objectives of the City as set forth in this Agreement, failure
to protect the public health, safety or welfare, as determined solely by City in the reasonable
exercise of its discretion, or breach of any of the provisions of this Agreement notwithstanding
whether any such breach was previously waived or cured.
10.3 Notice of termination shall be provided in accordance with the "Notices" section
of this Agreement except that notice of termination by the City Manager which the City Manager
deems necessary to protect the public health, safety or welfare may be verbal notice which shall
be promptly confirmed in writing in accordance with the "Notices" section of this Agreement.
10.4 In the event this Agreement is terminated for cause or convenience, the monies
paid by the City shall be prorated on a daily basis to the date the Agreement is terminated. Upon
being notified of City's election to terminate, Contractor shall refrain from performing further
services under the terms of this Agreement. However, upon being notified of City's election to
terminate, Contractor acknowledges and agrees that $10.00 compensation paid by City, the
adequacy of which is acknowledged by Contractor, is given as specific and full consideration to
Contractor for City's right to terminate this Agreement for cause or convenience.
10.5 In the event this Agreement is terminated, any compensation payable by City shall
be withheld until all documents are provided to City pursuant to Section Two and Section Seven
of this Agreement.
10.6 Upon termination of this Agreement for whatever reason, Contractor shall return
the vehicles leased to the City. Contractor shall return the vehicles to City in the condition they
were received at the commencement of this Agreement, normal wear and tear excepted. The
Contractor's obligation to return the vehicles to the City in the condition in which they were
received shall include the removal of any painting or wrapping of the vehicles for advertisement
purposes. Any costs necessary to restore or prepare the vehicles for return to City shall be the
sole responsibility of the Contractor. City shall have the right to inspect and to approve the
condition of each vehicle prior to acceptance and should the City determine that the vehicles are
not in the proper condition, Contractor shall at its sole cost and expense remedy any and all
deficiencies identified by the City.
SECTION ELEVEN
NOTICES
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11.1 Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place last specified. Notice shall be deemed given on the
day on which personally served, or if by mail, on the date of actual receipt. The place for giving
notice shall remain the same as set forth in this Agreement until changed in writing in the manner
provided in this section. For the present, the parties designate the following:
For City of Dania Beach: City of Dania Beach
Ana M. Garcia, ICMA-CM, City Manager
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a Copy to: City of Dania Beach
Thomas J. Ansbro, City Attorney
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
For Broward County: Director of Mass Transit Division
(courtesy copies of Broward County Mass Transit Division
notices) 3201 West Copans Road
Pompano Beach, Florida 33069
For Contractor: Mark Levitt, President
Limousines of South Florida, Inc. d/b/a LSF Shuttle
3300 SW 1 lth Avenue
Fort Lauderdale, Florida 33315
SECTION TWELVE
INDEMNIFICATION
12.1 The selected Contractor shall, in addition to any other obligation to indemnify the
City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the
City, including its agents, elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), or costs arising out of any actual or alleged:
(a) bodily injury, sickness, disease or death, or injury to or destruction of
tangible property including the loss of use resulting therefrom, or any other damage or
loss arising out of or resulting or claimed to have resulted in whole or in part from any
actual or alleged act or omission of the Contractor, anyone directly or indirectly employed
by any of it, or anyone for whose acts any of them may be liable in the performance of the
work;
(b) any violation of law, statute, ordinance, governmental administrative
order, rule, regulation, or infringement of patent rights by Contractor in the performance
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of the work;
(c) liens, claims, actions made by the Contractor or other parry performing the
work;
(d) claims of whatsoever nature related to collection practices or any actions
of a contradictory nature pursuant to Contract or in an attempt to collect monies due or
claimed to be due to the City.
12.2 As to County: Contractor agrees to indemnify and hold harmless the County and
County's officers, agents, and employees as described in the Agreement attached as Exhibit`B".
SECTION THIRTEEN
INSURANCE
13.1 The below coverages are minimum limit requirements. Umbrella or Excess
Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies.
The City must approve any changes to these requirements and has the right to review and amend
coverage requirements. The Contractor shall be held responsible for any modifications,
deviations, or omissions in these insurance requirements. In addition, Contractor shall be
responsible for any and all policy deductibles and self-insured retentions.
13.1.1 GENERAL LIABILITY INSURANCE is to include bodily injury, broad
form property damage, products and completed operations, blanket contractual liability,
and personal injury with limits of no less than One Million Dollars ($1,000,000.00) per
occurrence, and no less than Two Million Dollars ($2,000,000.00) annual aggregate.
SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• Annual Aggregate shall apply"Per Job";
• "The City of Dania Beach, Florida" is named as an additional "named"
Insured;
• Additional Named Insured status is included for Products and completed
operations coverage;
• Additional insured coverage shall be no more restrictive than Insurance
Services Office (ISO) form CG 2037 (07 04);
• Contractor's insurance shall be primary and non-
contributory;
• Waiver of Subrogation in favor of the City;
• 30 Days' Notice of Cancellation or modification to City (if not available
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on the insurance policies, then Contractor has responsibility for
notification); and Copy of Additional Named Insured Endorsement or
other endorsements may be attached to the Certificate.
13.2.1 WORKERS' COMPENSATION INSURANCE shall be maintained by
Contractor and any Subcontractors during the term of the Agreement, or any renewal
period of it, and it is to apply to all "statutory employees" of the Contractor (as that
phrase is defined by Chapter 440, Florida Statutes), in compliance with the Workers'
Compensation Law of the State of Florida and all applicable federal laws, for the benefit
of the Contractor, its employees, and Subcontractors.
In the case any Services are sublet as otherwise addressed in the Agreement or Bid
Documents, the Contractor shall require any Subcontractors similarly to provide
Workers' Compensation Insurance for all of the latter's employees, in addition to any
coverage afforded by the Contractor, by furnishing statutory limits Part A.
Employer's Liability Part B shall be in an amount of no less than Five Hundred
Thousand Dollars ($500,000.00) per occurrence, and One Hundred Thousand Dollars
($100,000.00) annual aggregate for disease; and limits of no less than One Hundred
Thousand Dollars ($100,000.00) for disease of an individual employee.
In no event shall the Contractor be permitted to utilize in the prosecution of
the work, the following: i) any employee, subcontractor or subcontractor employee
who is exempted or purported to be exempt from Workers' Compensation
insurance coverage; or ii) any employee, subcontractor or subcontractor employee
who will be covered by an employee leasing arrangement.
SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• 30 Days' Notice of Cancellation or modification to City (if not available
on the insurance policies, then Contractor has the responsibility for
notification); and
• Waiver of Subrogation in favor of the City.
13.3.1 AUTOMOBILE LIABILITY INSURANCE shall be maintained with
combined single limits of no less than Two Million Dollars ($2,000,000.00) per
occurrence, to include coverage for owned, hired, and non-owned vehicles.
SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
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• "The City of Dania Beach, Florida" is named as an
additional "named" insured";
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
• Waiver of Subrogation in favor of the City.
SECTION FOURTEEN
PAYMENT
14.1 In return for services provided by Contractor and specified in this Agreement, the
City agrees to pay Contractor Forty Five Dollars ($45.00) per hour, per vehicle in operation. In
no event shall the amount paid exceed $222,500.00 in the first year and any renewal year. The
funds shall be used by Contractor solely for the purpose of maintaining, operating and properly
equipping the vehicles, and City shall not be responsible for payment of any other monies to
Contractor under this Agreement. If the cost of fuel exceeds $4.50 per gallon for a continued
(90) day period, the City will consider and negotiate in good faith with the Contractor a rate
adjustment.
SECTION FIFTEEN
MISCELLANEOUS
15.1 Assignments. This Agreement, and any interests in it, shall not, in whole or in
part, be assigned, subcontracted, transferred in any way or otherwise encumbered, under any
circumstances, by Contractor without the prior written consent of City. Violation of the terms of
this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its
discretion, cancel this Agreement, and all rights of Contractor under this Agreement will
terminate.
15.2 It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective, unless contained in a prior written
document and executed by the parties.
15.3 The Contractor represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education or a
combination of the foregoing, to adequately and competently perform the duties, obligations and
services set forth in this Agreement, and to provide and perform such services to the City's
satisfaction.
The Contractor shall perform its duties, obligations and services under this Agreement in
a skillful and respectable manner.
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15.4 Waiver. Failure of the City to insist upon strict performance of any provision or
condition of this Agreement, or to enforce any right contained in it, shall not be construed as a
waiver or relinquishment for the future of any such provision, condition or right, but the same
shall remain in full force and effect.
15.5 The City and the Contractor agree that each requirement, duty and obligation set
forth in this Agreement is substantial and important to the formation of this Agreement and,
therefore, is a material term of this Agreement.
SECTION SIXTEEN
DEFAULT OF AGREEMENT AND REMEDIES
16.1 In case of any default by Contractor, the City shall notify the Contractor, in
writing of such default and direct Contractor to comply with all terms and conditions of this
Agreement. If Contractor does not timely cure such default within seven (7) days after notice
was sent by City, City may declare a default of this Agreement, and may notify the Contractor of
such declaration of default in writing, and terminate the Agreement.
SECTION SEVENTEEN
BANKRUPTCY
17.1 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Agreement shall terminate effective on the date and at the time the
bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in
default of this Agreement and the provisions of Section 9 will be enforced at City's discretion.
SECTION EIGHTEEN
DISPUTE RESOLUTION
18.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between City and Contractor arising out of, relating to or pertaining to this Agreement, or the
breach of it, or the services of it, or the standard of performance required in it, shall be addressed
by resort to non-binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute,the parties shall resort to mediation.
18.2 If mediation is unsuccessful, any such matter may be determined by litigation in
a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the
Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. In
any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event
of any
litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the
standard of performance required in it, each parry shall bear its own attorney fees and costs.
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18.3 Operations During Dispute. In the event that a dispute, if any, arises between
the City and the Contractor relating to this Agreement, or its performance or compensation, the
Contractor agrees to continue to render service in full compliance with all terms and conditions
of this Agreement as required by the City.
18.4 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement. Further, the
rule that a contract shall be interpreted strictly against the parry preparing same shall not apply to
this Agreement due to the joint contributions to it of both parties.
18.5 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and is authorized to bind and obligate such
party with respect to all provisions contained in this Agreement.
18.6 Headings. Headings in this Agreement are for the convenience of reference
only and shall not be considered in any interpretation of this Agreement.
18.7 Severability. If any provision of this Agreement or application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, and shall continue in
full force and effect, and shall be enforced to the fullest extent permitted by law.
18.8 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Broward County, Florida.
18.9 Extent of Agreement. This Agreement represents the entire and integrated
Agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, either written or oral.
18.10 Nondiscrimination. The Contractor agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement because of race, color,
religion, gender, sexual orientation, age, national origin, political affiliation or disability and will
take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, gender, sexual orientation, age, national
origin, political affiliation or disability. This provision shall include, but not be limited to, the
following: layoff or termination; rates of pay or other forms of compensation; terms and
conditions of employment, selection for training, including apprenticeships and accessibility.
18.11 Severance. In the event this Agreement or any portion of this Agreement is found
by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless the City or the Contractor elects to terminate this Agreement. The election to
terminate this Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
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18.12 Amendments. No modification, amendment or alteration in the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by the City and the
Contractor.
18.13 Prior Agreements. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained in this Agreement and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from the terms of
this Agreement shall be predicated upon any prior representations or agreements, whether oral or
written.
IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be
signed by its Mayor, City Manager, attested by the City Clerk with the corporate seal of the City
of Dania Beach, and the Contractor has executed this Agreement effective as of the date set forth
above.
CITY OF DANIA BEACH,FLORIDA,
ATTEST: a Florida municipal corporation
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
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CONTRACTOR:
WITNESSES: LIMOUSINES OF SOUTH FLORIDA,
INC., a Florida Corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name Date
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization, on , 2020, by , as
of Limousines of South Florida, Inc., a Florida
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification.
Notary Public, State of
My Commission Expires:
Print Name
16 RESOLUTION#2020-007
amount of Forty Five Dollars ($45.00) per hour, a copy of which Agreement is attached as
Exhibit"A"and made a part of and incorporated into this Resolution by this reference.
Section 3. That funding for the services provided by this Agreement is available in
the General Fund, Recreation Department, Community Bus Services Account, Account No. 001-
72-01-572-31-60; present available funding is in the amount of One Hundred Sixty Two
Thousand Five Hundred Dollars ($162,500.00).
Section 4. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper and in the best interest of the
City.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to such extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on January 14, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC L RI KWELLEN
CITY CLERK F` MAYOR
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APPROVED AS TO O AND CORRECTNESS:
Fe I)-
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2020-007