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City of Tamarac Resolution R-2003-194
Temp. Reso. #10218 - August 6, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 - ! �f A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, sufficient public transportation is an important and essential component of a progressive city; and WHEREAS, the City has an existing Interlocal Agreement for Public Transportation with Broward County which expires September 26, 2003; and WHEREAS, the existing Agreement has shown to provide a valuable service to the residents of the City of Tamarac; and WHEREAS, the recommendations of the City Manager and the Parks and Recreation Director include renewing this agreement for a period of three (3) years with Broward County for the provision of two buses at a cost to the City of ten dollars ($10.00) per bus, per year, with an additional provision of Broward County agreeing to pay the City of Tamarac Twelve Thousand Dollars ($12,000.00), annually, as a capital contribution to be used by the City solely for the purpose of leasing one (1) wheelchair accessible, passenger vehicle to be used in regular route service. In addition to the Capital Assistance, Broward County agrees to pay the City of Tamarac Twenty Dollars ($20.00) per vehicle, per revenue service hour for the remaining term of the agreement; and Temp. Reso. #10218 - August 6, 2003 Page 2 WHEREAS, staff has completed the agreement with Broward County for Public Transportation Services; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and City Manager that the City accept and execute the Interlocal Agreement with Broward County for Public Transportation Services; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the execution of the Interlocal Agreement between the City of Tamarac and Broward County for Public Transportation Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: That the appropriate City Officials are hereby authorized to execute the Interlocal Agreement between the City of Tamarac and Broward County for Public Transportation Services herein and made part hereof as Exhibit 1. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #10218 - August 6, 2003 Page 3 1 1 1 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27th day of August, 2003. ATTEST: MARION SW SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. CITY ATTO JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS _ E I'MOOTAMM wto, (r)lllflit,lllty Seivi(.es Oei)aariot)t MASS TRANSIT DIVISION - service Deveinpnlent 5?01 West Cop,uls i1nj(j - Pomi»nn I_i',1C11, Florida 33069 954 �57-$375 - FAX 954- 5')1 July 25, 2003 Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 Dear Mr.Miller: Please find enclosed five(5) original Interlocal Agreements with attachments A through E between Broward County and the City of Tamarac for Public Transportation Services- It is our hope that this agreement would be placed on your commissions agenda for consideration as soon as possible. This agreement replaces your previous agreement which terminates September 30, 2003. Please let me know when this agreement will be considered by your commission- 1 can be reached at 954-357-7713. Sincerely, Irvin Minney Contract/Grants Administrator Broward County Mass Transit Division C. Robert Roth, Director, Broward County Mass Transit Division Kathleen Margolies, Director- of Parks and Recreation Dania Maldonado, Administration Services :Manager IYnwarr.l County li mid of County Cornro;sioner�, In.iydur, �I�I�'llrllrni, li - 1,,•n (,r.11u l • ',ni (�lui.'hiu�lrr hlrJul II LlCnlrl Ib lu, 11,10- - loll rl;nlrr� ItrYrrlll - Intul I kn(1,1 �nl. II - Llnlr11. A ',i ant Itl,ln,l W,rr.rllu.ln F'nlun WWW INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES , �01 INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF TAMARAC, a municipal corporation organized and existing underthe laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, public transportation services provided by COUNTY need to be supplemented to serve a greater number of people in CITY; and WHEREAS, public transportation resources are limited and must be used in the most efficient manner to maintain citizen support; and WHEREAS, both COUNTY and CITY agree that better public transportation to residents of CITY is needed; and WHEREAS, it is desirable to provide an alternative form of public transit service to the residents of the CITY; and WHEREAS, it is the intent of the parties that the alternative form of public transit shall not duplicate the existing mass transit system in COUNTY; and WHEREAS, COUNTY and CITY are willing to share the responsibilities and expense of providing an alternative form of public transit in CITY; NOW, THEREFORE, an IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - means this document, Articles 1 through 10, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 BCT - The Broward County Mass Transit Division 1.4 Contract Administrator - The Broward County Administrator, the Director of the Broward County Mass Transit Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator, provided, however, that such instructions and determinations do not change the Scope of Services. 1.5 COUNTY - The Board as defined in Section 1.2 unless expressly provided otherwise. 1.6 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.7 Notice To Proceed: A written notice to proceed with the Project issued by the Contract Administrator. 1.8 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES SERVICES TO BE PROVIDED BY CITY 2.1 CITY shall provide public transportation services within the CITY at the locations and according to schedules as contained in Exhibit "A," a copy of which is attached -2- hereto and made a part hereof. The provision of transportation services may be performed by the CITY through the use of its employees or the CITY may enter into a contract with a third party to perform the services. In the event the CITY contracts with a third party, the CITY shall remain fully responsible hereunder and shall ensure that its contractor complies at all times with each and every term, condition, duty, and obligation set forth herein. Any changes to Exhibit "A" made by CITY shall be effective only upon the written consent of the Contract Administrator. The services to be provided shall include the following: 2.1.1 If the CITY determines a fare to be appropriate prior to beginning service under the terms of this Agreement, the CITY may institute such fare; provided, however, that such fare shall never exceed half (%) of the fixed route full adult BCT fare. A public hearing shall be held prior to the institution of any proposed fare increase for any subsequent requests for fare increases. Service shall be provided a minimum of five (5) days a week, to certain locations and at scheduled intervals as on the attached Exhibit "A." The Contract Administrator shall be advised, in writing, via certified mail, prior to the imposition of any fare increase. 2.1.2 CITY acknowledges and agrees that it shall not deviate or make changes to the service 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 compensation under this Agreement is as set forth in Section 5.1 and COUNTY will not compensate CITY for any deviations or changes from the service routes established in Exhibit "A", without the priorwritten consent of Contract Administrator. 2.1.3 It shall be the responsibility of CITY to obtain any necessary permission to access or encroach upon any private property for use as an origin and/or destination associated with this Agreement. 2.1.4 Within six (6) months after the start of service, CITY shall maintain a minimum average of five (5) passengers per revenue service hour per vehicle operated by the CITY. In the event that CITY does not maintain such minimum average of passengers, at the CITY's request, COUNTY shall assist CITY to increase ridership, which may include a request for modification of the route, as set forth in Exhibit "A." It is understood and agreed between the COUNTY and CITY that CITY's failure, after COUNTY's assistance, to maintain a minimum average of five (5) passengers per revenue service hour per vehicle shall constitute a breach of this Agreement, entitling the COUNTY to immediately terminate the same in accordance with the terms hereof and shall entitle COUNTY to pursue any and all other EKE remedies provided under this Agreement or any remedies available to COUNTY at law or in equity. However, the performance standard/requirements of this Section may be waived, with written approval of the Contract Administrator, if BCT's fixed route service is replaced by community bus service. 2.1.5 Vehicle(s) shall be operated by properly licensed operators (Florida commercial drivers license minimum Class C with a passenger endorsement or, if air -brakes are applicable, a Florida commercial drivers license Class B with a passenger endorsement) employed by CITY or its contractors. These employees shall provide full utilization of vehicle(s) to disabled passengers. 2.1.6 Florida commercial drivers licensed operators hired by CITY or its contractors shall issue COUNTY bus route timetables or other transit information to any passenger requesting such material. 2.1.7 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. 2.1.8 CITY shall maintain the vehicle(s) provided to it by COUNTY in accordance with manufacturer's standards and keep vehicle(s) in reasonable condition at all times. 2.1.9 CITY shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) at all times while the vehicle(s) provided herein are being utilized for public transportation and while utilizing any and all routes approved herein. To the extent that any terms in this Agreement are inconsistent with the ADA, the requirements of the ADA shall control. 2.1.10 In accordance with Broward County Ordinance 92-8, CITY certifies by means of Exhibit "B," which is attached hereto and incorporated herein by reference as if set forth in full herein, that it will have a Drug -Free Workplace Program. In the event the CITY contracts with a third party to perform the services addressed herein, such contractor shall comply with the COUNTY's Drug - Free Workplace Program requirements. 2.1.11 CITY agrees to participate in Broward County Mass Transit Division's drug and alcohol testing program, or establish and implement subject to Broward County Mass Transit's review and approval, its own drug and alcohol testing program that complies with 49 CFR Part 655. In the event the CITY subcontracts all or part of the community bus services to a third party, a -4- r similar requirement including review and approval by the Contract Administrator must be included in any subsequent agreement. CITY further agrees to certify, prior to the commencement of services under this Agreement and annually thereafter, compliance with current Federal Transit regulations to the Director, Broward County Mass Transit Division (a model format for certifying compliance is appended as Exhibit "D", attached). 2.1.12 CITY agrees that throughout the term of this Agreement the Broward County Board of County Commissioners' official logo(s) and the COUNTY assigned identification number shall be conspicuously displayed on the rear of the vehicle at all times. 2.1.13 CITY shall maintain certain records of information and data in the format prescribed by the COUNTY and shall furnish such records to COUNTY on a monthly basis, no later than the fifteenth (15) day of the following month. 2.1.14 CITY shall at all times have and maintain in proper working order a dedicated hearing -speech impaired teletype machine (TTY) number. 2.1.15 CITY shall be solely responsible to provide, during the term of this Agreement, sufficient vehicles and materials necessary to provide a high quality community bus service which shall include, but not be limited to, all the vehicles, equipment, personnel, training, labor, and materials necessary to provide the transportation, scheduling, dispatching, reporting, and monitoring of the community bus service required herein throughout the term of this Agreement. CITY acknowledges and agrees that providing high quality community bus service requires CITY to have an adequate and sufficient number of spare vehicles available. 2.2 Maintenance of Vehicles. CITY shall have a continuing obligation to ensure cleanliness of the vehicles. CITY shall perform additional cleaning and extermination for pests in the vehicles. All equipment on the vehicles shall be maintained in a fully operable condition at all times (by way of example, but not as a method of exclusion, "all equipment" shall include, but in no way shall be limited to, fully functioning air-conditioning system, turn signals, wheelchair lifts, etc.). CITY agrees to maintain all vehicles in first class appearance and mechanical condition throughout the duration of this Agreement. 2.2.1 CITY shall maintain all vehicles and equipment in accordance with a preventive maintenance schedule from the vehicle manufacturer which may be reviewed by the COUNTY. In addition, CITY shall perform all necessary maintenance to ensure the continued and safe operation of all vehicles. WE 2.2.2 The COUNTY may conduct periodic inspections using its own or contracted service personnel to ensure compliance with all maintenance and cleaning requirements specified in this Agreement or in manufacturers specification and any vehicle not determined by the COUNTY to be acceptable will be removed from service by CITY and all deficiencies corrected immediately. At the COUNTY's request, CITY shall take the vehicles to a location designated by the Contract Administrator for inspection. 2.2.3 CITY agrees to allow such on -board surveys and/or inspections as may be requested by COUNTY. The COUNTY shall have the right to inspect the vehicles during the CITY's regular hours or at any time in case of emergency to determine whether the CITY has complied with and is complying with the terms and conditions of this Agreement. The COUNTY may, at its discretion, require the CITY to effect repairs. 2.3 CITY shall ensure that all personnel providing services pursuant to this Agreement comply with all applicable federal, state, and County regulations, laws, and licensing requirements prior to and at all times while operating CITY's vehicle or performing any duties or functions relating to the requirements of this Agreement. 2.4 Safety and Security Reporting Requirements. CITY shall notify the Contract Administrator as indicated below and shall submit a monthly report to the Contract Administrator summarizing the following: (a) CITY shall notify the Contract Administrator with two (2) hours of the occurrence and provide a full incident report of any Major incident involving a transit vehicle. A Major incident involves one of the following conditions: ► A fatality Where two or more people are transported for off -site medical care ► Total property damage is equal to or in excess of $25,000.00 ► An evacuation due to life safety reasons (b) A summary report of all Non -Manor incidents involving a transit vehicle. A Non -Major incident involves one of the following conditions: Where one person is transported for off -site medical care Total property damage is equal to or in excess of $7,500.00 but less than $25,000.00 All non -arson fires not qualifying as Major incidents (c) All Crimes aboard transit vehicles and resulting arrests. IN-V I 2.5 Minimum Standards. CITY agrees to comply with the following minimum standards: (a) All vehicles shall be kept clean and orderly during all times of active service. (b) All accidents shall be reported immediately to the police (c) Vehicles shall not be operated if the top or interior lights or the headlights or taillights are not functioning properly. Likewise, a vehicle shall not be driven unless the brakes, steering mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working order. (d) Advertising, if allowed by COUNTY, on any vehicle shall not obstruct the driver's view and shall not obstruct the vehicle's top lights or other lights. No vehicle shall have within it, or on its exterior, any sign which encourages, advertises for, or otherwise solicits tips. (e) All vehicles shall be equipped with rearview mirror and side mirrors on driver's and passenger's side (f) Speedometer shall be properly installed, in good working order, and exposed to the view of both the driver and the passenger(s). (g) The interior of the vehicle(s) shall be clean, sanitary, free from torn or damaged upholstery or floor coverings and from damages or broken seats. (h) Door hinges and latches shall be in good mechanical working order and all doors shall operate easily and close securely. (i) Vehicle(s) shall be structurally sound and operate with a minimum of noise, vibration, and visible exhaust fumes. (j) The body, fenders, doors trim and grill of the vehicle(s) shall be free from cracks, breaks and dents, and painted. (k) Vision shall be unobstructed on all four (4) sides of the vehicle(s). SERVICES TO BE PROVIDED BY COUNTY 2.6 EQUIPMENT 2.6.1 COUNTY shall lease to CITY two (2) wheelchair accessible, passenger vehicles to be used in regular route service as set forth in Exhibit "A". Such WE vehicles shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. These vehicles shall be leased to the CITY for $10.00 each per year. Prior to the acceptance of the vehicles by CITY, CITY, at its own cost, shall have the right to inspect, or cause to be inspected, the vehicles by a mechanic designated by the CITY. 2.6.2 COUNTY shall provide the manufacturer's warranties and maintenance shop manuals to the CITY. 2.7 CAPITAL ASSISTANCE 2.7.1 In addition to the vehicle(s) addressed above and the funds provided for in Section 5.1, COUNTY agrees to pay CITY, upon CITY's request, Twelve Thousand Dollars ($12,000.00) per vehicle, annually, as a capital contribution to be used by CITY solely for the purpose of leasing one (1) wheelchair accessible, passenger vehicle to be used in regular route 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 capital contribution shall be paid to CITY in advance on a quarterly basis with the first capital contribution, $3,000.00, due on the effective date hereof. 2.7.2 ODUNTY shall provide CITY with sufficient bus stop signs and sign posts to cover the route described in Exhibit "A." Bus stop sign installation shall be the responsibility of the CITY and must comply with Roadway and Traffic Design Standards Index #11865, published by the Florida Department of Transportation. In the event, CITY desires to supply its own signage at its own expense, such signage must be approved by COUNTY. 2.8 TECHNICAL ASSISTANCE 2.8.1 COUNTY shall provide Florida commercial drivers licensed operators hired by CITY or its contractors with training in passenger relations, rules of the road, and transit system information. All Florida commercial drivers licensed operators shall be required to attend and successfully complete the COUNTY's training program prior to operating the vehicle(s) addressed herein. This requirement shall extend to any and all Florida commercial drivers licensed operators employed at any time during the term of this Agreement. In the event training is not available, the Contract Administrator may provide a written extension, not to exceed sixty (60) days from the date the driver begins operating the vehicles, for Florida commercial drivers licensed operators to attend and complete the COUNTY's training. 2.8.2 COUNTY shall assist CITY staff with any aspect of planning and scheduling of public transit routing that CITY might request. 2.8.3 COUNTY shall print and provide CITY with bus route timetables sufficient to inform CITY residents and passengers of service made available as described in Exhibit "A" or any modification thereto. 2.8.4 COUNTY shall assist CITY in procuring bus shelters at no cost to CITY that generate revenue, if CITY requests. 2.9 Non-compliance with the provisions of Section 2.1.4 shall constitute cause for termination of this Agreement by the COUNTY pursuant to Section 9.1. Additionally, all previous funds paid to CITY hereunder shall be returned to COUNTY within ten (10) days of receipt by CITY of the notice of termination. 2.10 CITY acknowledges and agrees that the Contract Administrator, unless specifically authorized herein, has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 COMPLAINTS 3.1 CITY is obligated to respond to complaints regarding the quality of service, whether patrons' complaints or on the COUNTY's own initiative or otherwise. Such response shall be provided by the CITY verbally within two (2) calendar days of complaint and in writing within five (5) calendar days. The CITY shall copy the Contract Administrator on all correspondence. At the request of the COUNTY, CITY shall meet with the Contract Administrator to review any complaints or concerns and to promptly correct any deficiencies. The Contract Administrator's determination as to quality of operation orservices shall be conclusive, and curative measures shall be implemented by CITY as expeditiously as possible. 3.1.1 CITY shall be required to resolve all written and oral complaints received from the public or the COUNTY. CITY shall be required to conduct the necessary investigation, impose disciplinary action on employees where appropriate and respond in writing to each complainant with the results of such investigation and/or disciplinary action. Copies of all such correspondence shall be provided to the Contract Administrator on a weekly basis. 3.1.2 CITY shall submit a monthly report to the Contract Administrator summarizing complaints and damage or other claims received during the preceding month as well as the resolution, if known, of such matters. In Mem addition, CITY shall prepare and furnish such other reports as the Contract Administrator may, from time to time, require. ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall remain in effect through September 30, 2006; the term may be extended for up to two (2) additional one (1) year periods upon written approval of the Contract Administrator, 90 days prior to the expiration of the then current term, and the consent of CITY. If the term of this Agreement extends beyond a single fiscal year of COUNTY, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY in accordance with Chapter 129, Florida Statutes. 4.2 Prior to beginning the performance of any services under this Agreement, CITY must receive a Notice to Proceed from Contract Administrator. ARTICLE 5 FINANCIAL ASSISTANCE 5.1 In addition to the Capital Assistance set forth in Section 2.7.1, COUNTY agrees to pay CITY, Twenty Dollars ($20.00) per revenue service hour, pervehicle in revenue service under the terms of this Agreement, for the remaining term of the Agreement. CITY shall submit its vehicle revenue service hour calculations on the form and pursuant to instructions prescribed by Contract Administrator as set forth in Exhibit "E", attached hereto and made a part hereof. The funds addressed herein shall be used by CITY solely for the purpose of maintaining, operating, and properly equipping the vehicle(s) and for no other purpose. On the effective date of this Agreement, COUNTY shall pay CITY, in advance, the anticipated amount due through the first quarter. All payments for subsequent quarters, if applicable, shall be paid in advance on a quarterly basis. 5.2 The name of the official payee to whom COUNTY shall issue checks shall be the CITY of TAMARAC. 5.3 METHOD OF BILLING AND PAYMENT 5.3.1 CITY shall submit invoices for compensation, in advance, on a quarterly basis. To be deemed proper, all invoices must complywith the requirements set forth in this Agreement and include a list of all Florida commercial licensed drivers, including drivers' license numbers, for each individual permitted to operate the vehicles under this Agreement. Each invoice must 10111E be submitted on the form and pursuant to instructions prescribed by Contract Administrator as set forth in Exhibit "E," attached hereto and made a part hereof. ARTICLE 6 CHANGES IN SCOPE OF SERVICES 6.1 Except for those changes permitted in Section 2.1 herein, any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 10.14 below. 6.2 Any appreciable changes in the level of services, as determined by the Contract Administrator's sole discretion, to be provided by CITY as set forth herein shall only be implemented after COUNTY and CITY have entered into a modified agreement describing the changed services. Nothing in this Agreement precludes the possibility of COUNTY once again providing public transportation services if ridership levels warrant expanded service. 6.3 The parties agree to renegotiate this Agreement if applicable federal, state, or local laws or revisions of said laws make changes in the Agreement necessary or desirable, as determined by the Contract Administrator. ARTICLE 7 INDEMNIFICATION / GOVERNMENTAL IMMUNITY 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 8 INSURANCE 8.1 The parties hereto acknowledge that CITY is an entity subject to Section 768.28, Florida Statutes, and CITY shall furnish Contract Administrator with written verification of liability protection in accordance with state law priorto final execution of said agreement. The CITY shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. If CITY contracts with a third party to provide the transportation service addressed herein, any contract with such third party shall include the following provisions: -11- Indemnification: CITY's contractor agrees to indemnify, reimburse, defend, and hold harmless COUNTY and COUNTY's officers, agents, and employees for, from, and against all claims, actions, or causes of actions, losses, damages, liabilities, costs, and expenses, including, reasonable costs, attorney's and paralegal's fees, imposed on or incurred by COUNTY in connection with all loss of life, bodily injury, personal injury, damage to property occurring upon, or about or arising out of or relating to, the contractor's occupancy or use of the vehicle(s) to perform the services set forth herein. Insurance: CITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "C," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY as an additional insured. Provisions Applicable to Insurance: At or prior to the commencement of contractor's performance pursuant to the provisions of any agreement with CITY involving the vehicle(s) provided hereunder, contractor shall deliver the original certificate of insurance required herein to COUNTY. Contractor shall pay the premiums for all insurance required by this Agreement. Contractor shall cause all policies of insurance required by this Agreement to be renewed from time to time so that at all times the insurance protection required by this Agreement shall continuously exist. The policy shall not be canceled or materially changed without the giving of at least thirty (30) days' prior written notice thereof to COUNTY, and in such event, a policy pursuant to the above terms must be substituted. ARTICLE 9 TERMINATION 9.1 This Agreement may be terminated for cause by action of the Board or by CITY upon thirty (30) days' written notice by the party that elected to terminated, or for convenience by action of Board upon not less than sixty (60) days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 9.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of COUNTY as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 9.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 9.4 In the event this Agreement is terminated for convenience, the financial assistance provided by the COUNTY shall be prorated on a monthly basis to the date the Agreement is terminated. However, upon being notified of COUNTY's election to terminate, CITY shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CITY acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is given as specific consideration to CITY for COUNTY's right to terminate this Agreement for convenience. 9.5 Upon termination of this Agreement for whatever reason, CITY shall return the vehicle leased herein to the COUNTY. CITY shall return the vehicle to COUNTY in the condition it was received at the onset of this Agreement, normal wear and tear excepted. The CITY's obligation to return the vehicle to the COUNTY in the condition it was received shall include the removal of any painting or wrapping of the vehicle for advertisement purposes. Any costs necessary to restore and/or prepare the vehicle for return to COUNTY shall be the sole responsibility of the CITY. COUNTY, through its Maintenance Transit Manager, shall have the right to inspect and to approve the condition of the vehicle prior to acceptance and should the Maintenance Transit Manager determine that the vehicle is not in the proper condition, CITY shall at its sole cost and expense remedy any and all deficiencies identified by the Maintenance Transit Manager. ARTICLE 10 MISCELLANEOUS 10.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. in the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7) days of termination of this Agreement a0z by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Project. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. CITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 10.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 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. 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 ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual -14- orientation (Broward County Code, Chapter 16%), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing any services pursuant to this Agreement. 10.4 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, employees, or agents of the COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. 10.5 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Director of Mass Transit Division Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069 FOR CITY: City Manager City of Tamarac 7525 North West 88' Ave. Tamarac, Florida 33321 -15- 10.6 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CITY shall not subcontract any portion of the work required by this Agreement except as authorized herein. CITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 10.7 CONFLICTS Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment related to its performance under this Agreement. CITY agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding, related to performance under this Agreement, in which he or she is not a party, unless compelled by court process. Further, CITY agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding related to the performance under this Agreement. The limitations of this section shall not preclude CITY or any other persons from representing themselves in any action or in any administrative or legal proceeding related to the performance under this Agreement. In the event CITY is permitted to utilize subcontractors to perform any services required by this Agreement, CITY agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. -16- 10.8 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 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. 10.9 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.10 SEVERANCE In the event a portion of this Agreement is found by a court of competent juri sdi cti on to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.11 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 10.12 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 10 of this Agreement shall prevail and be given effect. sot 10.13 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit of Broward County, Florida. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. 10.14 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 10.15 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 10.14 above. 10.16 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B," "C," "D" and" "E" are incorporated into and made a part of this Agreement. 10.17 MULTIPLE ORIGINALS This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. M-CM 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 Mayor or Vice -Mayor, authorized to execute same by Board action on the 3- day of - , 2003, and CITY, signing by and through its duly authorized to execute same. ATTEST: 7 Broward County Administra or, as Ex-officio Clerk of the Broward County Board of County Commissioners COUNTY BROWARD COUNTY, by and through its BoaW of County Commissioners Cc. Mayor � d y of .1 �,,l11�►Slp�,� Approved as to form by � -,, ���� EDWARD A. DION, County Attorney E for Broward County, Florida vGovernmental = Center, Suite 423 v k ; 115 South Andrews Avenue •., Fort Lauderdale, Florida 33301 o C' �, '" •',� `�`�� Telephone: (954) 357-7600 Telecopier: (954) 357-7641 Hrf4rga:uuN►eM"' By Yasmi Govin Assistant County Attorney -19- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR PUBLIC TRANSPORTATION SERVICES ATTEST: City Clerk YYG:dmv 7/21 /03 HAtamaraccommunitybus03.wpd CITY Approved by Resolution No. j�3-Lq� Dated I 'S�aL [ "N - a CITY OF TAMARAC By Ci Manager day of 06J , 2CP3 APPRO�ED AS TO FORM: Y My A to ey -20- EXHIBIT. "A_" OF TA g2E N.W. 82 ST. HEATHGATE MFIM V 57 ZF z N T� O R,�p'O m 7iP�aFrr7�7 T�mrrr3n On T7�� ,t4��1 �". r m N.W. 76 ST. m BCE �� MC NAB RD. 62 p � 00 4'ililr® w 7 O� �PCa ec 57 ° - � m o� o a a } a o �® w ~ r NW- 61 ST. © , T-.Lu z �. a �m z ` •. N.W. 57 ST. ©ecr BCT 6CT❑.� oule LAUDERHILL 55 57 COMMERCIAL BLVD. COMRIUNITY BUS ROUTE4 The GREEN Route v©© o© o 0 0 o mm m®® m v MORNING HOURS 900 904 909 910 912 916 919 920 925 929 930 935 938 939 940 945 949 954 955 957 1001 1004 1005 1010 1014 1015 1100 1 08 11023 024 1025 1110 1030 1034 1039 1040 1042 1046 1049 1050 1055 1059 1100 1115 1119 1124 1125 1127 1131 1134 1135 1140 1144 1145 1150 1153 115-1 1155 41200 120 hOl120 1200 1204 1209 1210 1212 1216 1219 1220 1225 1229 1230 1235 1238 1239 1240 1245 1249 1254 1255 1257 101 104 105 110 114 115 120 123 124 125 _130 134 139 140 142 146 149 150 155 159 200 205 208 209 210_ 215 219 224 w225 227 231 234 235 240 244 245 250 253 254 255 T 300 304 309 310 312 316 319 320 325 329 330 335 338 339 340 345 349 354 355 357 401 404 405 410 414 415 420 423 424 425 430 434 439 440 442 446 449 450 455 459 500 505 508 509 510 BOXED NUMBERS REFER TO THE TIME POINTS ON THE MAP $20. per EXHIBIT "A" 7-6 Ll:t 41* 41- A " K) — N , Z-z, c 4nV UWw; C�,TT C Ong coo PINE ISLAND RD. CO N.W- \I E N-W,7() Ro� UNIVERSITY DR. o0ca ( �O .n ., -1 VI N.W. 64 AVE, N.W. 62 AVE. Ih ;�:7 0I N.W. 61 AVE. > 4 rn O (n . $m 1-IJ '-4 1 a�l JROCK ISLAND RD. 4, El rl 111" CO gq -11:2. cn $20. per revenue service hour 2 of 3 EXHIBIT "A" BCT SOUTHGATE BI_VD.r'� 88 B2: — TVAN 5E PUBLIX B i 62 KIDS POINT CLUBHOUSE rr a OD TAMARAC CITY HALL BCT 1,1C rIAS RD, .55. <✓ MARKET T LrP•1E6 LIME THE PLACE MOVIES CLUBHOUSE BAY GREENS Number 20 CLUB HOUSE n O Q m w a o T- 0 BCT. s N.N! 67 ST. 55 CQr l%lERCIAL BLVD. P BROWARD COUNTY LIBRARY WALGREENS OCT _2. LL MIDWAY PIMA POST OFFRCE ST. _ OCT COMMUNITY 55 CENTER TERMINAL LAUDERHILL COMMUNITY BUS ROUTE•1 = z w D OCT 55 C3—CT rl =4 ST i3CT LINCOLN 88 Pun -2 The Route r-- �@�4, bJy hi �O� �pJ-Ca4�Y c~ brA q�`��' 4��� `4 Q .ra^,a �d' .� �� �0�,?�' �e�Z•�� C,,�aj' C.1.y`4 Jam., �Qtii �•V�, `'�ttiO ~ °J �..~G ._.. ~~� - - ... �'°' °' ..—_ '4�• MORNING HOURS 900 903 906 911 916 91a o22 027 1 0:,- 1000 t003 006 1Q11 1016 1n13 1022 1 11C0 1103 ,IC6 1111 1116 1119 1122 112' 100 •�, +'+° �1.:1 1S - 1200 1203 1206 1211 1216 1218 1222 1227 1224 1231 1233 12-11 125n 1255 100 103 106 111 116 118 122 127 129 131 133 1,11 150 155 200 203 206 211 216 218 222 227 229 231 233 241 250 2.55 300 303 306 311 316 318 322 327 329 331 333 341 350 355 400 403 406 411 416 418 422 427 429 431 433 441 •150 •155 $2Q. per red iO11CgA1SC 1F O[1�Ur AIF POINTS ON THE AIAP 3 of 3 Exhibit "B" DRI! E C ERID _ATiON The undersigned municipality hereby certifies that it will provide a drug -free workplace program by: 1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispense, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition; 2) Establishing a continuing drug-fre# awareness program to inform its employees about: i) The dangers of drug abase in the workplace; ii) The policy of maintaining a drug free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, 3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1),- 4) Notifying all employees, in writing, of the statement required by subparagraph 1), that as a condition of employment on a covered contract, the employee shall: i) Abide by the terms of the statement; and Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; 5) Notifying Broward County government, in writing, within 10 calendar days after receiving notice under subdivision 4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title ofthe employee, 5) 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: R F, YORKPI.ACF E:P, 'r ATTON i) Taking appropriate personnel action against such employee, up to w d including termination,; or 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). uthorized Signature and Title ___J EW(2e.'i L . r-% t c.cs2 k G 1-F%l Printed Name and Title The foregoing instrument was acknowledged before me this day of us T 1st- by �i74,61 L [ - as Cer (Name of Person Whose Signature is Notarized) �~ (Title) of the L A c- known to me to be the person described herein. (Name of Municipality) NOTARY PUBLIC _'j! (Signature) (Print Narrle)-a �zr ruoa Y My Commission Expires: vYUTRTT "Caa Certificate of !nsurance Ttei CERTIFICATE IS ISSVCD AS A Il"MR Of INFOraaAATIOM ONLY ANO CONFERS Nq RIGHTS U&Ora THE CERTIFICATE NO<OEIt TSIIS CERTIFICATE DOES MOT AaatNO. E1tTENO Cal ALTER THE COvTRAGC AgroatKo, IIYTNta POLICtcs AISTEO /EAOW wu+EAND ADMESSOFAGEI+CY COMPANIES AFFORDING COVERAGES COMPANY LETTER A COMPANY LETTER E3 COMPANY NAME AND ADDREM OF INSURED LETTER C COMPANY LETTER D COMPANY LETTER E This Is to ctdir Ilal W41ts of I+sunnce listed bestow haw been issued to the a+s_Yci named abet and ue I Wcc at Silt lime. Nat.. hatandn0 any requirement Term a cand"kon aR any tunVad or *thee dwt,-eMwth Ietptd to which L41% Certfca'c maybe ktued ar may pertain, the Insuranee altorded by Ne pokirI destined hereel k aubieet to as the keins. eaduaMmS and condt.ons of Such Wicks, PODGY Limits Of Liabill in Thousands 000 COMPANY EJ[PiPATRON EACH LETTER TYPE OF INSURANCE POLICYI USER GATE OCCURRENCE AGGREC..I,TIE GENERAL LIABILITY COUM04 CWC/OaV EODILYINJURY $ $ MluswElArAxas CMO1M & CM APSE PROPERTY IDAMACE $ $ I IIAAbIO IMERCAOtM MASAAO PROS XTVCKWAftMO BOMYINJURYAND OPEAATKIM MAL AIO PROPERTY W JM4E $ t! pK 40 40 B000111MR7IML OCKJRNCC COMBINED &VALID FORM PROPERTY ourA" CONTRACTORS PEUImarAA wuAr GR/IrE PERSONAL INJURY S AUTOMOBILE L"IUTY BODILY IN."Y (EACK PERSOKI 5 OWFACHEN VE FOAM SOMY IWRY O IEJIL'H AOGDENTJ S PROPERTYDAWCE S IOOILY RNIURY ANO "=RaATA wNEo PROPERTY DA464E S GometNED EXCESS LIABILITY UUBRtU A FORIW SOMY INJURY AND OeIEATNFMYWRELu PROPERTY DAMAGE x $ /oAar CQUOINED WORKERS' COMPENSATION STATUTORY and P EMPLOYERS' LIABILITY 5 c.a..cec I OTHER OE SCRIPTION OF OPERATKONS&CCAMNSNEHIOLES as - CERTIFICATE MUST SHOW (ON GENERAL LIABILITY ONLY) ADDITIONAL INSURtD: BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA - CERTIFICATE MU$`f BE SIGNED AND ALL APPLICABLE DEDUCTIBLES SHOWN Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing company 011 mail Thirty 30 days written notice to the below named certificate holder. DATEISSVED: NAME AND ADDRESS OF CERTIFICATE HOLDER Browrard County Board of County Commissioners 115 South Andrews Avenue AUTHORIZED REPRESEMrATNE Ft Lauderdale, FL 33301 ar: ATTN: Purchasing Division, Room 212 Ma M . Meister , C P IW RE: BID 9 PROJECT 0 WAr� T" c W CL 10r01,,2003 03:27 FAX OCT-01-2003 WED 03,49 Ph FLORIDA LEAGUE OF P' CERTIFICATE OF COVERAGE Certificates HaIdor DROWAND COUNTY BOARD OF COUNTY CommISSIONUR5 100 3001H ANDRIEWS AVL•, 2" u FLOOR FT, LAUDERDALE, FL 33301 16001 r� Pust-it° Fax Note 7671 . l 10 1(D 3 Pa9�� f — A nL IAA -el From e"'-6p'0A 2 1Jk1 co, or CQA)Opt• G]G Phone PrPQ-o N Fax M I Qrianda, Flarida 32953-0065 Cr,VtPA �Fs .' T1115 "I Q L,.ri I IrY'I•WT Tlnt ACneEMENf etLOW IIA : BEEN ISZKO TO TFir PZCIGNATCU MLMOCn fOm THE CGVCMOC PERIOD INOICATCO. NaTWIT NSTANOINS ANY nAQ BY I HlN f, TI �1:4 nn QW—IT',PN Ut ArIY CONTFIACT Oe D1MLr1 DDCVr,,Cly Well nt9ri!= TO WRICFI TIIIS et RTTICATE May CO ISSUED on MAT KNTAIN, Ti-IC DOVLNAGE ArF000E0 eV 1 HE A" lfl MINT 11i"IFII4 15 sul11 ('Cr TO ALL 1"IIG TFRM;. I.#CLUCION:: ANO CONGITIONG OP 6JCh ADRf-CMENT. COVERArte PHovifiED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGRE-EWNT NUMELER;FMIT 0584 COVEHACfi PMIPl); FH[1h1 10111FTVPIDF CCIVSRAGE PERIOD. TO 10/1/04 12:01 AM STANDARD TIME TYPE nF COVERAGE -I 1ASILI1YN^ COVERAGE • PROPERTY GAAW al WANNILV I is Conn rchcnciv� (7,Prnxal Wuhllizy, Bodily Injury, Prolxuty O:IrTlllOc and F'Jvanrull hlJt;ry C11o1.: n11d thjtissinac Llnhlllty r4 5,grpl::murn.11 E11'11Joymant Prnc ire EwNnv,N 8ulirrflt:: Pluflrem A,4niniglrjkL1no IiAhllity MadiP,41 Auurl�lapr�'/Medical Dirucml5' MAIlractice Lfnhilily Growl Fenn F1o1wrty DnnlnOn Law enlvn:„Ipr_r1c Llni,iky �� thld,:FNrOI•.Ipf, ET,plO❑ipn & Ctillarno H.u,lyd Limltc of Lat -AIV • CnnllHuud 5molo UUUmi r Doduclible Gl„pWws 323,000 Au urTICKl.) Iir,hl AV 01I.)-owl AlOw IP,iv+lly frsserv]crl L j All ownod Aland I0lherthnn Nivur4 i a5:d;)r'f) liirarl P,1110f 4--j Wn Ow.cu AwO7 limits of Liobiil ly ` C&Inhinc:d S),ngia Limir b"duf.11bl.j Swpluns $25,WO AulwPOW"A'rllitptwilt — Pa4wpt111a �� PI+Y�L:aI Damng.^. Dtf,3r ❑ Brr7drngs [ ] panic Form [] Special Form ❑ Pursorwl PrlrpaI n Basic Form U Spacial Form p❑ Aarced AmD,JnC u DeduVfiblo N/A ❑ Colnizurance N/A [] Olanket ❑ Bpeclflc [] Replaccmcnt Cost ❑ Actual Cash Value Cl M;'..rnmaeU- ❑ Inland Marine [] Electronic DJIa Procossine ❑ Bond 0 Limi(A or uawnity on r-4a with Admiristr'ator TYPE GF COVERAGE - WORKERS' COMPENSATION [„] 5tautvey WorkOre' Comperl5otion ❑ Employers Liability 01,000,000 Each Aeeidant m000,000 9Y Di^.onav $1,000,000 Aggregalo By Disease C1 6cduttIlOW N/A n 11w Schedul? - Compr�I'wnslva - Auto Per Schedule - Coll�ion - Auto N/A • Miscetlann+ous Equipment Tl:a Ii1m; ul Ii,IhilnV in v 100,000 Fkjdily IHju,Y anQlvr Proporty Darna7P, por rMrson or 5200,000 Bodily Injury and/nr Property Oaroa0o per vcourroncb- TRxP. frPOCIN: Ilrflita of Ilahilhy Ciro in::leneud fu G2,000,000 (C.Dir lhirv!d sincle IImftI per occurruncc, solely for any liability resultin,01 from entry of a claims hiU r, u;%uum Ln Snctlnll ";M).20 (6) Flnro j stArutun or liability It"Flocdd pnrauamt to FOdorol Law or aGtIOA. oomida the State of Florida — Van. dptlnn of(hrormirgtslLocpttonplVuhlclw:A;plTalel harne TI IF'i CHnFrt=ATZ IS I.SULO A5 A MA'l rtR nr-RlronmA'110N ONLT JWU CONFCIIC NO MCIFTS "PON TIIE CCnFICATE HOLOik THIS CERTIFICATE DOES NOT AMFNn, UnNO Oil ALk.P f T11a C0VKr4AoQ ArnpRptn GV TI1f. AGRFL.MRIT ADOvE, DPSe;NA1 r,I1 MfMlJf,H My �^ --•_�� CANC(LI.AnONS AWVE OEf ORIBEO A6AECL4:NT Be CANCELLED ftEFORF TIIP CITY OF TAMARAC 7526 N.W. 108"' AVCNUE TANIANAC, FL 33321-2401 ITIITCf.Id It Oln41 Cr{OIILd ANY PAST 0P B TH EXPIRATION PAYE THEAI-OF, TI IE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 PAYS WPITfFIJ NOTICE Try TI IC OENTIrICATE HOIDFR NAMED APOVE. 2UT Fmwnf.'ro MAIL SUCH NOTICE 5HA.t I. IMPPC6 NO Otn.IGATION On LIA9ILITY OF ANY KIND UPON TI111 PI:oGnAM, IIS A0CNT9 On REPRE'.+ENfATIVES AUTI.10W O I1011E5ENTATIVE Exhibit "D" CERTIFICATION OF COMPLIANCE TO: Director, Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069. I, _JEFFRE y G. H�4 cC / a( gk-c4certify that (Nothe) (Tine) (Nome of Conkwkw) has established and implemented an anti -drug and alcohol misuse prevention program in accordance with the terms of Federal Transit Administration (FTA) regulation 49 CFR Part 655. 1 further certify that employee training conducted under this program meets the requirements of this regulation. ( Date ) 0 U07/03 6ygnatdre) EXHIBIT "E" Billed To: Contract Administrator Broward County Transit 3201 West Copans Road Pompano Beach, FL 33069 Quarterly Billing Period: Number of Revenue Vehicles in Service: Month: 18m, a Month: Billed By: Name of City: Address: Name of Person Completing Invoice: Telephone No: Total Weekday Revenue Service Hours x $20 = Total Saturday Revenue Service Hours x $20 = Total Sunday Revenue Service Hours x $20 = Sub Total. - Total Weekday Revenue Service Hours x $20 -- Total Saturday Revenue Service Hours x $20 = Total Sunday Revenue Service Hours x $20 - Sub Total: Total Weekday Revenue Service Hours x $20 Total Saturday Revenue Service Hours x $20 - Total Sunday Revenue Service Hours x $20 - Sub Total: Capital Cost of Contracting Num. of vehicles ( ) x $12,000 = Sub Total: Total: Print Name Title Signature Date Exhibit "D" CERTIFICATION OF COMPLIANCE TO: Director, Broward County Mass Transit Division 3201 West Copons Road Pompano Beach, Florida 33069 _ Jt-)%<'6 / Z. el RA-Wrl certify that _ L° / 2Y I M .¢C (Na e) (rNe) fame or Canhvcbrl has established and implemented an anti -drug and alcohol misuse prevention program in accordance with the terms of Federal Transit Administration (FTA) regulation 49 CFR Part 6M. I further certify that employee training conducted under this program meets the requirements of this regulation. ( Date ) o uovo2 (i ature) x Community Services Department MASS TRANSIT DIVISION - Service Development 3201 West Copans Road - Pompano Beach, Florida 33069 954-357-8375 • FAX 954-357-8342 October 3, 2003 Marion Swenson, City Clerk City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 Dear Ms. Swenson: ?7? 0:"r 1 1 P1 9: 4 8 RECEIVED r ; TA�AARAC Enclosed is the executed interlocal agreement between Broward County and the City of Tamarac for Public Transportation Services. Please complete Exhibit "D" Certification Of Compliance of the interlocal agreement and return it to the undersigned by November 3, 2003. I can be reached at 954-357-7713 or email at iminney@broward.org. Sincerely, i Irvin M.Minney Contract Grants Administrator Broward County Transit C: Robert Roth, Director Broward County Mass Transit Dania Maldonoda, Administration Services Manger Broward County Board of County Commissioners Josephus Eggelledon, .Jr. - Pen Graber - Sue Gunzburger - Kristin D. Jacobs - Ilene Lieberman - Lori Nance Parrish - John E. Rodstrom, .Jr. - .Jame; A. Scott - Diana Wasserman -Rubin www,broward.org/bct