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City of Tamarac Resolution R-2000-217
Temp. Reso. #9117 - Page 1 August.15, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000 - a % 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC 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 need to provide accessible transportation for Tamarac residents has been identified by the City as a priority; and WHEREAS, the City has an existing Interlocal Agreement for Public Transportation with Broward County which expires September 30, 2000; 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 three 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 a flat fee of five thousand dollars ($5,000.00) per vehicle upon execution of the Agreement for services rendered under this Agreement from the date of execution until December 31, 2000. Beginning January 1, 2001, Broward County will Temp. Reso. #9117 - Page 2 August 15, 2000 pay the City twenty dollars ($20.00) per vehicle, per hour in revenue service for the remaining term of the agreement; and WHEREAS, City staff has substantially completed the agreement with Broward County for Public Transportation Services; and WHEREAS, the Parks and Recreation Director and the Assistant City Manager recommend the adoption of the agreement to assist in enhancing the City's public transportation services at a minimal cost; 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 Broward County and the City of Tamarac for Public Transportation Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute the Interlocal Agreement between Broward County and the City of Tamarac 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. 1 u n Temp. Reso. #9117 - Page 3 August 15, 2000 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. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this A30day of4A,&r2000. ATTEST: JOE SCHREIBER MAYOR MARION SW6NSON, CIVIC CITY CLERK I HEREBY CERTIFY that I hie approved this RESbIJUTh0N.�s to fop(n ITCHED- S)KRAFT CITY 417TORNEY RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER ..,,Q,� DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4. VIM ROBERTS INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES 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 The CITY OF TAMARAC, a municipal corporation of the state of Florida, by and through the City of Tamarac Commission, 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, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement- means this document, Articles 1 through 9, inclusive. Otherterms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Mass Transit Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. 1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.5 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES SERVICES TO BE PROVIDED BY CITY 2.1 CITY shall provide public transportation services within the CITY at the locations and according to schedules as contained in Exhibit "A," a copy of which is attached hereto and made a part hereof. The provision of transportation services may be performed by the CITY through the use of its employees or the CITY may enter into a contract with a third party to perform the services. In the event the CITY contracts with a third party, the CITY shall remain fully responsible hereunder and shall ensure that its contractor complies at all times with each and every term, condition, duty, and obligation set forth herein. Any changes to Exhibit "A" made by CITY shall be effective only upon the written consent of the Director of Mass Transit. The services to be provided shall include the following: 2.1.1 Public transportation services to the locations described in Exhibit "A" shall be provided at a fare of Twenty -Five Cents ($0.25) until such time as CITY determines a fare increase to be appropriate, but in no event shall a fare -2- exceed half (1 /2) of the fixed route full adult BCT fare. A public hearing shall be held prior to the institution of a fare increase. Service shall be provided a minimum of five (5) days a week, to certain locations and at scheduled intervals as on the attached Exhibit "A." COUNTY shall be advised prior to the imposition of a fare increase. 2.1.2 The established service shall be on a fixed route basis with designated intermediate stops a minimum of forty (40) hours per week and a minimum of five (5) days per week, provided, however, the minimum hours of operation shall be reduced by eight (8) hours during any week in which a legal holiday is recognized on a weekday. The CITY service shall connect with regular COUNTY bus routes, as set forth in Exhibit "A." 2.1.3 Beginning June 1, 2001, CITY shall maintain a minimum average of five (5) passengers per revenue hour on each route operated by the CITY. In the event that CITY does not maintain such minimum average of passengers, COUNTY shall assist CITY to increase ridership, which may include modification of the route, as set forth in Exhibit "A." 2.1.4 Vehicle(s) shall be operated by properly licensed operators ("vehicle chauffeurs") employed by CITY or its contractors. These employees shall provide full utilization of vehicle(s) to disabled passengers while in service. 2.1.5 Vehicle chauffeurs hired by CITY or its contractors shall issue COUNTY bus route timetables or other transit information to any passenger requesting such material. 2.1.6 Insofar as possible, scheduled service shall be coordinated with existing COUNTY bus service. It is the intent of the parties that CITY's scheduled service shall not duplicate existing COUNTY bus service. 2.1.7 CITY shall maintain the vehicle(s) provided to it by COUNTY in accordance with manufacturer's standards and keep vehicle(s) in reasonable condition at all times. 2.1.8 CITY shall comply with all applicable requirements of the 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. 2.1.9 In accordance with Broward County Ordinance 92-8, CITY certifies by means of Exhibit "B," which is attached hereto and incorporated herein by reference -3- as if set forth in full herein, that it will have a Drug -Free Workplace Program. In the event the CITY contracts with a third party to perform the services addressed herein, such contractor shall comply with the COUNTY's Drug - Free Workplace Program requirements. 2.1.10 Effective upon execution of this Agreement, CITY shall comply with all applicable requirements of the United States Department of Transportation and the Federal Transit Administration, which shall include, but not be limited to, regulations for drug and alcohol testing. To the extent that any terms of this Agreement are inconsistent with the United States Department of Transportation regulations, the requirements of the United States Department of Transportation shall control. 2.1.11 CITY agrees that throughout the term of this Agreement that the Broward County Transit (BCT) logo and the COUNTY assigned identification number shall be conspicuously displayed on the rear of the vehicle at all times. 2.1.12 CITY shall maintain certain records of information and data in the format prescribed by the COUNTY and shall furnish such records to COUNTY on a monthly basis. 2.1.13 CITY shall at all times have and maintain in proper working order a dedicated TTY number. SERVICES TO BE PROVIDED BY COUNTY 2.2 EQUIPMENT 2.2.1 COUNTY shall lease to CITY three (3) wheelchair accessible, passenger vehicle(s) to be used in regular route service. Such vehicle(s) shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. This vehicle(s) shall be leased to the CITY for Ten Dollars ($10.00) each per year. Prior to the acceptance of the vehicle(s) by CITY, CITY, at its own cost, shall have the right to inspect, or cause to be inspected, the vehicle(s) by a mechanic designated by the CITY. 2.2.2 COUNTY shall provide the manufacturer's warranties and maintenance shop manuals to the CITY. 2.2.3 COUNTY shall provide CITY with sufficient bus stop signs and signposts to cover the route described in Exhibit "A." Bus stop sign installation must complywith Roadway and Traffic Design Standards Index#11865, published by the Florida Department of Transportation. In the event, CITY desires to K, I supply its own signage at its own expense, such signage must be approved by COUNTY. 2.3 TECHNICAL ASSISTANCE 2.3.1 COUNTY shall provide vehicle chauffeurs hired by CITY or its contractors with training in passenger relations, rules of the road, and transit system information. All vehicle chauffeurs shall be required to attend and successfully complete the COUNTY's training program prior to operating the vehicle(s) addressed herein. This requirement shall extend to any and all vehicle chauffeurs employed at any time during the term of this Agreement. 2.3.2 COUNTY shall assist CITY staff with any aspect of planning and scheduling of public transit routing that CITY might request. 2.3.3 COUNTY shall print and provide CITY with bus route timetables sufficient to inform CITY residents and passengers of service made available as described in Exhibit "A" or any modification thereto. 2.3.4 COUNTY shall assist CITY in procuring bus shelters at no cost to CITY that generate revenue, if CITY requests. 2.4 CITY acknowledges and agrees that the Contract Administrator, unless specifically authorized herein, has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on October 1, 2000, and shall remain in effect for a term of two (2) years. The term may be extended for up to three (3) 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. ARTICLE 4 FINANCIAL ASSISTANCE 4.1 COUNTY agrees to pay CITY a flat fee of Five Thousand Dollars ($5,000.00) per vehicle, upon execution of this Agreement for services rendered under this -5- Agreement from the date of execution until December 31, 2000. Beginning January 1, 2001, COUNTY agrees to pay CITY, Twenty Dollars ($20.00) per hour, per vehicle in revenue service for the remaining term of the Agreement. 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. 4.2 The name of the official payee to whom COUNTY shall issue checks shall be the CITY of TAMARAC. ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 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 9.13 below. 5.2 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. 5.3 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 6 INDEMNIFICATION / GOVERNMENTAL IMMUNITY 6.1 CITY shall, to the extent permitted by law at all times hereafter, indemnify, hold harmless, and defend COUNTY, its agents, servants, and employees from and against any claim, demand, or cause of action of any kind or nature arising out of any error, omission, or negligent act of CITY, its agents, servants, or employees in the performance of services for which the CITY has responsibility under this Agreement. COUNTY shall, to the extent permitted by law at all times hereafter, indemnify, hold harmless, and defend CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of any kind or nature arising out of any error, omission, or negligent act of COUNTY, its agents, servants, or employees in the performance of services for which the COUNTY has responsibility under this Agreement. Nothing herein is intended to serve as a waiver of sovereign immunity by either COUNTY or CITY. Nothing herein shall be construed as consent by COUNTY or CITY to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 7 INSURANCE The parties hereto acknowledge that CITY is a commercially -insured governmental entity subject to the limitations of Section 768.28, Florida Statutes. 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: 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. -7- ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by CITY upon thirty (30) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than sixty (60) 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. 8.2 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 breach of any of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "NOTICES" 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. 8.4 In the event this Agreement is terminated for convenience, the financial assistance provided by the COUNTY shall be prorated on a monthly basis to the date the Agreement is terminated. However, upon being notified of COUNTY's election to terminate, CITY acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is given as specific consideration to CITY for COUNTY's right to terminate this Agreement for convenience. 8.5 Upon termination of this Agreement for whatever reason, CITY shall return 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. NO ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this 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. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY. 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. 9.3 NONDISCRIMINATION CITY agrees that it will not discriminate against any employee or applicant for employment for work underthis Agreement because of race, color, religion, gender, sexual orientation, age, national origin, political affiliation, or disability and will take affirmative steps to ensure that applicants are employed and employees are 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: employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms Ma of compensation; and selection for training, including apprenticeships. In the event that CITY contracts with a third party for this service, such third party's Affirmative Action Policy shall be furnished to COUNTY. 9.4 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY shall be subject to the supervision of CITY, and such services shall not be provided by CITY or its agents as officers, employees, or agents of the COUNTY. The parties expressly acknowledge that it is not their intent to create any rights in any third person or entity under this Agreement. 9.5 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 881" Ave. Tamarac, Florida 33321 Cc: City Attorney City of Tamarac 7525 Northwest 881" Ave. Tamarac, Florida 33321 -10- 9.6 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party and CITY shall not subcontract any portion of the work required by this Agreement except as authorized herein. CITY represents that all persons delivering the services required by this 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. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance shall be comparable to the best local and national standards. 9.7 WAIVER OF BREACH AND MATERIALITY Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of 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. 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. 9.8 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 9.9 SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. 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. SEE 9.10 JOINT PREPARATION Preparation of this Agreement has been a joint effort of COUNTY and CITY and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 9.11 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.12 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 9.13 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 9.14 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understand ingsapplicable 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 contained in a written document in accordance with Section 9.13 above. 9.15 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B," are incorporated into and made a part of this Agreement. 9.16 MULTIPLE ORIGINALS This Agreement may be executed in five L5) copies, each of which shall be deemed to be an original. [Intentionally Left Blank] -13- IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of 20 . and CITY OF TAMARAC, signing by and through its CITY Manager, duly authorized to execute same. ATTEST: Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners rMTOMPTFIRVA NES BROWARD COUNTY, by and through its Board of County Commissioners go , Chair Approved as to form by EDWARD A. DION, County Attorney for Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 CAROLS. WOLFF Assistant County Attorney INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR PUBLIC TRANSPORTATION SERVICES ATTEST: 1—h� LLL-h::_� Marion Swenson, C.M.C. City Clerk I HERE ERTIF that I h- appr ed a to gal for By / CHELL KRAFT rAttorney CSW:sI combus.tam3 00-114.08 8/22/00 CITY -15- CITY OF TAMARAC By 00-z- z4z�-�- OE SCHREIBER Mayor This o d day o"...aj, d7 2000 4. By � 4fFRfY L. MILLER City Manager z�{ o: '3nr CI'M'N 3; z rl�rrrrr� EXHIBIT "A" Z<�� AWM 9 L 'M' N r m AV LL M'N Q U mmc w 2 i O C.1 3Ar lZ M N+ PROS?_` •3nr 9Z 'M'N r.•:4 x c. �Yz 3Ar LC MIN '°Al9 bir 7NIA F13Hinl NIIHtlrl L�._ � W 3nr Er'M'N Q cos ,ice, ac .i W (n Z > 0 > WLU CC 0 Cc z� z=) 0 Z 0 Z 00 UCC 0 cl 0 ZI m I m n Q QI 0Iw N _ J W EXHIBIT "A" EFFECTIVE MAY 1, 2000 w N a n •� ch cn Q �tov ccw cmw w ncn u❑N m a -a -w❑ ❑ u_-1 z❑N N❑ w wJ zz❑ zz❑ Z° ° ° OV oo zzU m _j_ _j=-1ccm c_j= = =a ;_ r xm v ❑x Zm w= mm 1 J °O= Z= �� Z? z= Z= �� Za F-} o a� a� dwaL ao a E- mo t-U wU -1r U mU zU 20 nU gV nU Wa mU H-cn 0000009000mommoml NUMBERS REFER TO TIME POINTS ON MAP 9:00 9:13 9:19 9:23 9:24 9:34 9:40 9:45 9:53 9:56 9:58 10:01 10:06 10:07 10:17 10:23 12:00 12:13 12:19 12:23 12:24 12:34 12:40 12:45 12:53 12:56 12: 58 1:01 1:06 1: 07 1:17 1:23 3:00 3:13 3:19 3:23 3:24 3:34 3:40 3:45 3:53 3:56 3:58 4:01 4:06 4:07 4:17 4:23 BOLD TYPE INDICATES P.M. HOURS N w av W N = cv W in N a) � m O cn � � to F-�'aa nONaowzv w_j uj 0U) Lu oc❑(nn cn -jcn U ca- = a> _a_ a> >- "-w aM w= -a�' z°ao ° o ° °zia xa= az �= .i..= _j_ _ _jr _j_ ©� cn -j_ = a= ra }z— cc H Lu�cn zm m zm zm zm zm OZw� am wm - 2�-mz — zm O= Yz❑ mcc!aaU O —1 ❑w= �Cj U 2cU 2U U -jr cnU ►-U mcU a.� 13MMMMMODUBBOODO NUMBERS REFER TO TIME POINTS ON MAP 10:30 10:40 10:41 10:47 10:49 10:51 10:54 11:00 11:07 11:15 11:25 11:26 11:31 11:37 11:50 11:53 1:30 1:40 1:41 1:47 1:49 1:51 1:54 2:00 2:07 2:15 2:25 2:26 2:31 2:37 2:50 2:53 4:30 4:40 4:41 4:47 4:49 4:51 4:54 5:00 5:07 5:15 5:25 5:26 5:31 5:37 5:50 5:53 BOLD TYPE INDICATES P.M. 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The notice shall include the position title of the employee; 6) Within 30 calendar days after receiving notice under subparagraph (4)(ii) of DRUG FREE WORKPLACE CERTIFICATION a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace. vii) Taking appropriate personnel action against such employee, up to and including termination; or viii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local 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). Z./�- Aut o iz Signature and Title Printed Name and Title STATE OF ID TY /n 43 w G ,� COUNTY OF 4GdfI-6 The foregoing instrument was acknowledged before me this day of IqU GU S 7 20 0 6 , by L. /►'1 C Lf as_(L Tl 7 M 4ti .4 G (Name of Person Whose Signature is Notarized) (Title) Of thei4YhAlf- A C-- known to me to be the person described herein. (Name of Municipality) NOTARY PUB IC�� ( ignature) ,TUA/6:-7-i4. cJ141 r--7- (Print Name) OFFICIAL NCTARYSEAL DUNE A WHITE Nu fARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC77SM MY C OMMUMON EXP. SEPT 1s= My Commission Expires:-5 . lS coda I1 1/ Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE COE5 NOT AMEND. EXTEND OR ALTER THE, COVERAGE AFFORDED BY THE Pot ICIFS LISTED SE.LOW N.MF_AND ADDRESS OFAGENCY COMPANIES AFFORDING COVERAGES COMPANY LETTER A COMPANY LETTER B COiw1PANY tNAME AND ADDRESS OF INSURED LETTER C COMPANY LETTER D COMPANY LETTER B Thi5 is to CCrtJy that policies of insurance listed be!cw have been issued to the Insured named above and are In force at this t im.e. Netwrhs Landing any requirement, term or condition of any contrast or other document with res,^.ect to w --zh this Cenrfica''e may be Issued Cr may pertain, the Insurance a•'lorded by the pelci s described herein is 5ub;ect to 211 the terms, exclusions and cond Rions of such pohcles. POLICY Limits of Liability in Thousands 000 COMPANY EXPIR:,TION EACH LETTER TYPE OF INSURANCE POLICY NUMSER D:,T`c OCCURRENCE AGGREGATE 1� k GENERAL LIABILITY COMPREHENSIVE FORM REMISES -OPERATIONS EXPLOSION S COLLAPSE HAZARD UNDERGROUND HAZARD pRODLXTSr COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE DEPENDENT CONTRACTORS LiPERSONAL INJURY ❑ GAfWGE AUTOMOBILE LIABILITY COMPREHENSIVE FORM rNON-ED :111) OV NED EXCESS LIABILITY HUMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER BODILY INJURY is is PROPERTY DAMAGE IS Is BODILY INJURY AND PROPERTY DAMAGE $ /(i0 COMBINED PERSONAL INJURY is BODILY INJURY (EACH PERSON) S BODILY INJURY EACH ACCIDENT) S PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE S �� COMBINED BODILY INJURY AND PROPERTY DAMAGE $ $ COMBINED STATLITORY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES -CERTIFICATE MUST SHOW (ON GENERAL LIABILITY ONLY) ADDITIONAL INSURED: 13ROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA - CERTIFICATE MUST 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 will mail Thirty (30) days written notice to the below named certificate holder. DATE ISSUED: T RIZED REPRESENTATIVE -:zO O NAME AND ADDRESS OF CERTIFICATE HOLDER Broward County Board of County Commissioners 115 South Andrews Avenue Ft Lauderdale, FL 33301 ATTN: Purchasing Division, Room 212 RE: BID # PROJECT # BY: � Mar. M. sister, (PIW DATE: / --I/ r�- r Z -t—, G --r L INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES 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 The CITY OF TAMARAC, a municipal corporation of the state of Florida, by and through the City of Tamarac Commission, 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, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement -means this document, Articles 1 through 9, inclusive. Otherterms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Mass Transit Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. 1.4 County Attorney -The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.5 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES SERVICES TO BE PROVIDED BY CITY 2.1 CITY shall provide public transportation services within the CITY at the locations and according to schedules as contained in Exhibit "A," a copy of which is attached hereto and made a part hereof. The provision of transportation services may be performed by the CITY through the use of its employees or the CITY may enter into a contract with a third party to perform the services. In the event the CITY contracts with a third party, the CITY shall remain fully responsible hereunder and shall ensure that its contractor complies at all times with each and every term, condition, duty, and obligation set forth herein. Any changes to Exhibit "A" made by CITY shall be effective only upon the written consent of the Director of Mass Transit. The services to be provided shall include the following: 2.1.1 Public transportation services to the locations described in Exhibit "A" shall be provided at a fare of Twenty -Five Cents ($0.25) until such time as CITY determines a fare increase to be appropriate, but in no event shall a fare -2- exceed half (1/2) of the fixed route full adult BCT fare. A public hearing shall be held prior to the institution of a fare increase. Service shall be provided a minimum of five (5) days a week, to certain locations and at scheduled intervals as on the attached Exhibit "A." COUNTY shall be advised prior to the imposition of a fare increase. 2.1.2 The established service shall be on a fixed route basis with designated intermediate stops a minimum of forty (40) hours per week and a minimum of five (5) days per week, provided, however, the minimum hours of operation shall be reduced by eight (8) hours during any week in which a legal holiday is recognized on a weekday. The CITY service shall connect with regular COUNTY bus routes, as set forth in Exhibit "A." 2.1.3 Beginning June 1, 2001, CITY shall maintain a minimum average of five (5) passengers per revenue hour on each route operated by the CITY. In the event that CITY does not maintain such minimum average of passengers, COUNTY shall assist CITY to increase ridership, which may include modification of the route, as set forth in Exhibit "A." 2.1.4 Vehicle(s) shall be operated by properly licensed operators ("vehicle chauffeurs") employed by CITY or its contractors. These employees shall provide full utilization of vehicle(s) to disabled passengers while in service. 2.1.5 Vehicle chauffeurs hired by CITY or its contractors shall issue COUNTY bus route timetables or other transit information to any passenger requesting such material. 2.1.6 Insofar as possible, scheduled service shall be coordinated with existing COUNTY bus service. It is the intent of the parties that CITY's scheduled service shall not duplicate existing COUNTY bus service. 2.1.7 CITY shall maintain the vehicle(s) provided to it by COUNTY in accordance with manufacturer's standards and keep vehicle(s) in reasonable condition at all times. 2.1.8 CITY shall comply with all applicable requirements of the 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. 2.1.9 In accordance with Broward County Ordinance 92-8, CITY certifies by means of Exhibit "B," which is attached hereto and incorporated herein by reference -3- as if set forth in full herein, that it will have a Drug -Free Workplace Program. In the event the CITY contracts with a third party to perform the services addressed herein, such contractor shall comply with the COUNTY's Drug - Free Workplace Program requirements. 2.1.10 Effective upon execution of this Agreement, CITY shall comply with all applicable requirements of the United States Department of Transportation and the Federal Transit Administration, which shall include, but not be limited to, regulations for drug and alcohol testing. To the extent that any terms of this Agreement are inconsistent with the United States Department of Transportation regulations, the requirements of the United States Department of Transportation shall control. 2.1.11 CITY agrees that throughout the term of this Agreement that the Broward County Transit (BCT) logo and the COUNTY assigned identification number shall be conspicuously displayed on the rear of the vehicle at all times. 2.1.12 CITY shall maintain certain records of information and data in the format prescribed by the COUNTY and shall furnish such records to COUNTY on a monthly basis. 2.1.13 CITY shall at all times have and maintain in proper working order a dedicated TTY number. SERVICES TO BE PROVIDED BY COUNTY 2.2 EQUIPMENT 2.2.1 COUNTY shall lease to CITY three (3) wheelchair accessible, passenger vehicle(s) to be used in regular route service. Such vehicle(s) shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. This vehicle(s) shall be leased to the CITY for Ten Dollars ($10.00) each per year. Prior to the acceptance of the vehicle(s) by CITY, CITY, at its own cost, shall have the right to inspect, or cause to be inspected, the vehicle(s) by a mechanic designated by the CITY. 2.2.2 COUNTY shall provide the manufacturer's warranties and maintenance shop manuals to the CITY. 2.2.3 COUNTY shall provide CITY with sufficient bus stop signs and sign posts to cover the route described in Exhibit "A." Bus stop sign installation must complywith Roadway and Traffic Design Standards Index#11865, published by the Florida Department of Transportation. In the event, CITY desires to -4- supply its own signage at its own expense, such signage must be approved by COUNTY. 2.3.1 COUNTY shall provide vehicle chauffeurs hired by CITY or its contractors with training in passenger relations, rules of the road, and transit system information. All vehicle chauffeurs shall be required to attend and successfully complete the COUNTY's training program prior to operating the vehicle(s) addressed herein. This requirement shall extend to any and all vehicle chauffeurs employed at any time during the term of this Agreement. 2.3.2 COUNTY shall assist CITY staff with any aspect of planning and scheduling of public transit routing that CITY might request. 2.3.3 COUNTY shall print and provide CITY with bus route timetables sufficient to inform CITY residents and passengers of service made available as described in Exhibit "A" or any modification thereto. 2.3.4 COUNTY shall assist CITY in procuring bus shelters at no cost to CITY that generate revenue, if CITY requests. 2.4 CITY acknowledges and agrees that the Contract Administrator, unless specifically authorized herein, has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on October 1, 2000, and shall remain in effect for a term of two (2) years. The term may be extended for up to three (3) 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. ARTICLE 4 FINANCIAL ASSISTANCE 4.1 COUNTY agrees to pay CITY a flat fee of Five Thousand Dollars ($5,000.00) per vehicle, upon execution of this Agreement for services rendered under this -5- Agreement from the date of execution until December 31, 2000. Beginning January 1, 2001, COUNTY agrees to pay CITY, Twenty Dollars ($20.00) per hour, per vehicle in revenue service for the remaining term of the Agreement. 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. 4.2 The name of the official payee to whom COUNTY shall issue checks shall be the CITY of TAMARAC. ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 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 9.13 below. 5.2 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. 5.3 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. r•I-i0raEW.-I IkqlI97:1L1ki119WIN 1[*701ILeiiV/:11N►181Z11►1IFT101►yi1►VA110411VA 6.1 CITY shall, to the extent permitted by law at all times hereafter, indemnify, hold harmless, and defend COUNTY, its agents, servants, and employees from and against any claim, demand, or cause of action of any kind or nature arising out of any error, omission, or negligent act of CITY, its agents, servants, or employees in the performance of services for which the CITY has responsibility under this Agreement. COUNTY shall, to the extent permitted by law at all times hereafter, indemnify, hold harmless, and defend CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of any kind or nature arising out of any error, omission, or negligent act of COUNTY, its agents, servants, or employees in the performance of services for which the COUNTY has responsibility under this Agreement. �: Nothing herein is intended to serve as a waiver of sovereign immunity by either COUNTY or CITY. Nothing herein shall be construed as consent by COUNTY or CITY to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 7 INSURANCE The parties hereto acknowledge that CITY is a commercially -insured governmental entity subject to the limitations of Section 768.28, Florida Statutes. 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: 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. -7- ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by CITY upon thirty (30) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than sixty (60) 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. 8.2 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 breach of any of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "NOTICES" 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. 8.4 In the event this Agreement is terminated for convenience, the financial assistance provided by the COUNTY shall be prorated on a monthly basis to the date the Agreement is terminated. However, upon being notified of COUNTY's election to terminate, CITY acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is given as specific consideration to CITY for COUNTY's right to terminate this Agreement for convenience. 8.5 Upon termination of this Agreement for whatever reason, CITY shall return 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 itwas received shall include the removal of any painting orwrapping of the vehicle for advertisement purposes. Any costs necessary to restore and/or prepare the vehicle for return to COUNTY shall be the sole responsibility of the CITY. 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. in ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this 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. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY. 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. 9.3 NONDISCRIMINATION CITY 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: employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms In of compensation; and selection for training, including apprenticeships. In the event that CITY contracts with a third party for this service, such third party's Affirmative Action Policy shall be furnished to COUNTY. 9.4 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY shall be subject to the supervision of CITY, and such services shall not be provided by CITY or its agents as officers, employees, or agents of the COUNTY. The parties expressly acknowledge that it is not their intent to create any rights in any third person or entity under this Agreement. 9.5 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 881h Ave. Tamarac, Florida 33321 Cc: City Attorney City of Tamarac 7525 Northwest 881h Ave. Tamarac, Florida 33321 still 9.6 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party and CITY shall not subcontract any portion of the work required by this Agreement except as authorized herein. CITY represents that all persons delivering the services required by this 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. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance shall be comparable to the best local and national standards. 9.7 WAIVER OF BREACH AND MATERIALITY Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of 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. 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. 9.8 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 9.9 SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. 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. SEE 9.10 JOINT PREPARATION Preparation of this Agreement has been a joint effortof COUNTY and CITY and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 9.11 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.12 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 9.13 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 9.14 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understand ingsapplicable 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 contained in a written document in accordance with Section 9.13 above. 9.15 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B," are incorporated into and made 5PA a part of this Agreement. 9.16 MULTIPLE ORIGINALS This Agreement may be executed in five L) copies, each of which shall be deemed to be an original. [Intentionally Left Blank] -13- IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on theU�'day of 20 QD , and CITY OF TAMARAC, signing by and through its CITY Manager, duly authorized to execute same. ATTEST: /�. "'0"4 -klle Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners BROWARD COUNTY, by and through its Board of County Commissioners By -7 Chair Approved as to form by �pMM��Sj�� EDWARD A. DION, County Attorney for Broward County, Florida GR�P��5 N Governmental Center, Suite 423 6115 South Andrews Avenue V Fort Lauderdale, Florida 33301 s Telephone: (954) 357-7600 * Te P ( ) leco ier: 954 357-6968 B Y /—, -/�Z CAROL S. WOUW Assistant County Attorney -14- No Text INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTYAND CITY OF TAMARAC FOR PUBLIC TRANSPORTATION SERVICES ATTEST: 14,4�ij N-e�� Marion Swe son, C.M.C. City Cl�.rk - I HEREBY CE approved as/ C5 CSW:sI combus.tam3 00-114.08 8/22/00 IFY that I h aalJirm: i LL S. rney IQIVA -15- CITY OF TAMARAC By OE SCHREIBER Mayor This .day of �, 2080 By o - J,E([/FRd5Y L. MILLER City Manager \3 EXHIBIT "A" z<; AVM 9L'M'N d 3m 7 � m Atl -M-N J 4 U a W >_ 0 u 3AV WM'N Ui PO. PROSP a rf.LM '3AV 9Z'M'N RG :nwzr � v) cr cr J� :7 Dz Ul '3AV WWN 'OAlG lAr ONN d3Nlnl NIltlVW x V- qe a o � J T {p i� C) U T W 2 LL i 0 O U L m� VJ WEs MIR G W o O AgLLI '3Atl d p0� 0 w N z > wN O > Z� p p 00 2 = o CC 0 ' M u °m 3 w U) ji Lu tip` EXHIBIT "A" EFFECTIVE MAY 1, 2000 w an w ao = moU co J cn J cn -i cn w D Z n=waww m cnCL z aQ�m a==�u} oin Zamw a° Zm oar zo wn mo J Y J o> �Fw— m0 -- IU wU J= �U mU m to N� Y cN oin oin ocp oN ao ao ao ao ao a J= Zm J= Zm -�= Zm J= Zm _J= Zm�- cc= gV �cJj mV 2U 2U Fa- V01 w .Z =a mN c=i� a N N U nuounnuanommommml NUMBERS REFER TO TIME POINTS ON MAP 9:00 9:13 9:19 9:23 9:24 9:34 9:40 9:45 9:53 9:56 9:58 10:01 10:06 10:07 10:17 10:23 12:00 12:13 12:19 12:23 12:24 12:34 12:40 12:45 12:53 12:56 12:58 1: 01 1: 06 1: 07 1:17 1:23 3:00 3:13 3:19 3:23 3:24 3:34 3:40 3:45 3:53 3:56 3:58 4:01 4:06 4:07 4:17 4:23 BOLD TYPE INDICATES P.M. HOURS N w au W N aC = Y r i ft� Q= W a s a cncw mw cnw Nw cnw tnw oV Um 2w w Yw Q Q U W� W o� �� m= 0= 07 O= Z� LL Q� Lu J� a a -a a ,Z Zo a zo a zo zo am oU ao �o o a a` ;= x= _j_ _j _j= J= �= �= o� cn -j= a= a= xa az w� mz z= zm zm Zm zm Zm oZ wm am om a-m �� �� a� a� a� a� a� as oo a� a� _� �� =o oW H CAU a N �U gU �U gU �U 2U U -.j cn0 HU mU a� �1- ammmmomanum noun NUMBERS REFER TO TIME POINTS ON MAP 10:30 10:40 10:41 10:47 10:49 10:51 10:54 11: 00 11:07 11:15 11:25 11:26 11:31 11:37 11: 50 11:53 1:30 1:40 1:41 1:47 1:49 1:51 1:54 2:00 2:07 2:15 2:25 2:26 2:31 2:37 2:50 2:53 4:30 4:40 4:41 4:47 4:49 4:51 4:54 5:00 5:07 5:15 5:25 5:26 5:31 5:37 5:50 5:53 BOLD TYPE INDICATES P.M. HOURS EXHIBIT "A" cn wNNrcD wwwwww cn caco as c�ia�a�irnrn Cn W N NrCp w C�Dwwco� cn Cal NN1cn N Cn fV cn N N N N N N N Cn N Cn N Cn m m m 0 cn m Cn W N pl.; CD N W NCnNU1 w cD w w co w cn _c�. 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IVNIWa31 = o T cCii � o VZVldAVMOIW Z ��rNNr�rr r m If►Ilm O [l 81; Me 1 EXHIBIT "B" DRUG FREE WORKPLACE CERTIFICATION The undersigned municipality hereby certifies that it will provide a drug free workplace program by: 1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispense, possession, or use of a controlled substances is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition; 2) Establishing a continuing drug free awareness program to inform its employees about: i) The dangers of drub abuse in the workplace; ii) The policy of maintaining a drug free workplace; iii) Any available drug counseling, rehabilitation, and employee assistance programs; and iv) The penalties that may be 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 ii) 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 of the employee, 6) Within 30 calendar days after receiving notice under subparagraph (4)(ii) of DRUG FREE WORKPLACE CERTIFICATION a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace. vii) Taking appropriate personnel action against such employee, up to and including termination; or viii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local 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). Authorized Signature and Title LLB, r^�2`�� Printed Name and Title STATE OF r" d4yy m it//* 6-6--R- COUNTY OF &j The foregoing instrument was acknowledged before me this�day of 2060 , by � L- M t a7Z as j& !_ ZYnA-Al� (Name of Person Whose Signature is Notarized) (Title) of the_41i - 0/ i' 4C known to me to be the person described herein. (Name of Municipality) N Me RY PUBLIC Signature) (Print Name) OFFICIAL NOTARYSEAL ,JUNE A WHrrE .RY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775M MY COMMISSION EXP. SEPT 1S My Commission Expires: Se& !S da- Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTFICATE DOES NOT AMEND. EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COMPANY LETTER A COMPANY LETTER B _ COMPANY LETTER C NAME AIND ADDRESS OF INSURED m COMPANY LETTER D COMPANY LETTER E This is to cerVy that pelicks of insurance listed below have been Issued to the Insured named above and are In force at this time. Netftsanding any requirement, term or condition Or any contract Or Other document wRh respect to Which this certlTicate may be Issued Or may Pertain, the Insurance afforded by the p01"Cles described herein is sub:ect to all the terms, exciuslons and conditions of such policies. _ POLICY Limits of Liabili in Thousands (000 COMPANY EXPIRATION EACH LETTER TYPE OF INSURANCE POLICY NUMBER DATE OCCURRENCE AGGREGATE GENERAL LIABILITY COMPREHENSIVE FORM BODILY INJURY $ $ REMISES -OPERATIONS EXPLOSION 3 COLLAPSE PROPERTY DAMAGE $ $ HAZARD UNDERGROUND HAZARD PRODUCTsrcomptmD BODILY INJURY AND OPERATIONS HAZARD PROPERTY DAMAGE $ CONTRACTUAL INSURANCE COMBINED BROAD FORM PROPERTY DAMAGE P-MOEPENOENT CONTRACTORS Li PERSONAL INJURY GARAGE r�� A r� p PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ COMPREHENSIVE FORM BODILY INJURY ED (EACH ACCIDENT) S PROPERTY DAMAGE $ HIRED BODILY INJURY AND HION OYANED PROPERTY DAMAGE $ Z.41 COMBINED EXCESS LIABILITY I I UMBRELLA FORM BODILY INJURY AND OTHER THAN UMBRELLA PROPERTY DAMAGE $ $ FORM COMBINED WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY $ 'E"p'""OE'-.) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES -CERTIFICATE MUST SHOW (ON GENERAL LIABILITY ONLY) ADDITIONAL INSURED: BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA - CERTIFICATE MUST 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 will mail Thiq 30 days written notice to the below named Certificate holder. DATE ISSUED: NAME AND ADDRESS OF CERTIFICATE HOLDER Broward County Board of County Commissioners 115 South Andrews Avenue HO ED REPRESENTATIVE Ft Lauderdale, FL 33301 BY: ATTN: Purchasing Division, Room 212 Mar M . Meister , C P I VI RE: BID # PROJECT # DATE: -'c-rL