HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-0901
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Temp. Resolution 8921
Page 1
February 8, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. A - ab 40 -- W
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA PROVIDING AUTHORITY
TO THE APPROPRIATE CITY OFFICIALS TO EXECUTE A
COORDINATION AGREEMENT FOR TRANSPORTATION
DISADVANTAGED SERVICES BETWEEN BROWARD
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, AS THE COMMUNITY TRANSPORTATION
COORDINATOR AND THE CITY OF TAMARAC AS
AGENCY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Broward County is designated, pursuant to Florida Statutes
Chapter 427, as the Community Transportation Coordinator for Transportation
Disadvantaged Services for the community that includes the entire area of Broward
County; and
WHEREAS, the Community Transportation Coordinator is required under
Rule 41-2, Florida Administrative Code, Contractual Arrangements to enter in a
Coordination Contract with those entities or agencies who receive transportation
disadvantaged funds and who can perform more effectively and efficiently their own
transportation; and
WHEREAS, transportation disadvantaged funds include any local
government, state or federal funds utilized to transport the transportation
disadvantaged; and
WHEREAS, The City of Tamarac provides transportation services for its
transportation disadvantaged residents; and
Temp. Resolution 8921
Page 2
February 8, 2000
WHEREAS, the City of Tamarac entered into a Coordination Contract for
Transportation Disadvantaged Services with Broward County in August 1994; and
WHEREAS, the Florida Commission for the Transportation Disadvantaged has
developed an updated Coordination Contract; and
WHEREAS, the City has determined that it is in the best interest of the residents of the
City of Tamarac to authorize the appropriate City officials to execute the agreement
between the City of Tamarac and Broward County as the Community Transportation
Coordinator for coordination of transportation disadvantaged services attached hereto as
Exhibit A.
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: The City Commission of the City of Tamarac hereby delegates to the
appropriate City officials the authority to execute a Coordination Agreement between Broward
County as the Community Transportation Coordinator and the City of Tamarac for
Transportation Disadvantaged Services.
Section 3: All Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
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Temp. Resolution 8921
Page 3
February 8, 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 in application,
it shall not affect the validity of the remaining portion or applications of this Resolution
Section 5: This resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this /a day of , 2000.
ATTEST:
MARION SWENSON
INTERIM CITY CLERK
I HEREBY CERTIFY that I have
approved this Ordinance as
to -form.
MII GflELL S.-XT
CITY ATTORN
J SCHREIBER, QA OR
RECORD OF COMMISSION
MAYOR SCHREISER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN _.
DIST 3: COMM, SULTANOF
DIST 4: VIM ROBERTS
August 24, 2000
Attn: Kathleen Margoles
City of Tamarac
7525 NW 88t" Avenue
Tamarac, Florida 33321
Dear Transportation
Provider-
Community Services Department
Mass Transit Division
ti PARATRANSIT SERVICES SECTION
3201 W. Capons Road
Pompano Beach, FL 33069
(954) 357-6794 • FAX (954) 357-8345
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Cif
CIO
Enclosed you will find a copy of the "Coordination Contract" between your
agency and Broward County Board of Commissioners for the coordination of
transportation disadvantaged services, as required by Chapter 427 of the
Florida Statutes. The contracts have been fully excuted and all necessary
signatures have been obtained. The enclosed copy is for your agency.
Thank you for your time and cooperation in these matters.
Sincerely,
/OZ
Raymond G. Borlie, Program Manager
Community Transportation Coordinator
Enclosures
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BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services
Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr.
Visit us on the Internet: www.co.broward.fl.us/bct
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COORDINATION AGREEMENT
Between
BROWARD COUNTY as the
COMMUNITY TRANSPORTATION COORDINATOR
and
CITY OF TAMARAC
for
TRANSPORTATION DISADVANTAGED SERVICES
COORDINATION AGREEMENT
Between
BROWARD COUNTY as the - .
COMMUNITY TRANSPORTATION COORDINATOR
and
CITY OF TAMARAC
for
TRANSPORTATION DISADVANTAGED SERVICES
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, as the COMMUNITY
TRANSPORTATION COORDINATOR, designated pursuant to Chapter 427, Florida
Statutes, to serve the transportation disadvantaged for the community that includes the
entire area of Broward County, and hereinafter referred to as the "COORDINATOR,"
AND
CITY of TAMARAC a State Agency, hereinafter referred to as "AGENCY."
WHEREAS, the COORDINATOR is required, under Rule 41-2, Florida
Administrative Code, Contractual Arrangements, to enter into a Coordination Contractwith
those entities or agencies who receive transportation disadvantaged funds and who can
perform more effectively and efficiently their own transportation, and, where cost effective
and efficient, shall subcontract or broker transportation services to transportation
operators; and
WHEREAS, transportation disadvantaged funds include any local government, state
or federal funds that are for the transportation of transportation disadvantaged-, and
WHEREAS, the COORDINATOR desires to contract with the AGENCY for the
coordination of transportation services for the transportation disadvantaged; and
WHEREAS, the COORDINATOR believes it to be in the public interest to provide,
such transportation services through the AGENCY for the residents of the service area
who are clients of the AGENCY; and
WHEREAS, the AGENCY will provide the COORDINATOR the opportunity to
develop a proposal for any new transportation services needed; and
WHEREAS, the AGENCY, in an effort to coordinate available resources, will make
available, transportation services to the COORDINATOR; and
WHEREAS, this Coordination Agreement allows for the provision of transportation
services by the AGENCY, in accordance with Chapter 427, Florida Statutes, Rule 41-2,
Florida Administrative Code, and the most current COORDINATOR policies; and
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COORDINATOR and AGENCY mutually
agree as follows:
ARTICLE 1
AGENCY'S OBLIGATIONS
1.1 AGENCY shall provide or cause to be provided, services and vehicles according to
the conditions specified in Attachment "I," attached hereto and made a part hereof.
1.2 In the effort to coordinate available resources and make available transportation
services to the COORDINATOR, such services shall be provided in accordance
with Attachment 'T"
1.3 An Annual Operating Report shall be submitted to the COORDINATOR detailing
demographic, operational, and financial data regarding coordination activities in the
designated service area. The report shall be prepared on forms provided by the
Commission for the Transportation Disadvantaged, hereinafter referred to as
Commission, and according to the instructions for the forms.
1.4 Comply with audit and record keeping requirements by:
1.4.1 Utilizing the Commission recognized Chart of Accounts defined in the
Transportation Accounting Consortium Model Uniform Accounting System
for Rural and Specialized Transportation Providers (uniform accounting
system) for all transportation disadvantaged accounting and reporting
purposes. Agencies with existing and equivalent accounting systems are not
required to adopt the Chart of Accounts in lieu of their existing Chart of
Accounts but shall prepare all reports, invoices, and fiscal documents
relating to the transportation disadvantaged functions and activities using the
chart of accounts and accounting definitions as outlined in the above -
referenced manual.
1.4.2 Maintaining and filing with the COORDINATOR such progress, fiscal,
inventory, and other reports as the COORDINATOR may require during the
period of this Agreement.
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1.4.3 Providing copies of finance and compliance audits to the COORDINATOR
and Coordinating Board as requested by the COORDINATOR or
Coordinating Board,
1.5 Retain all financial records, supporting documents, statistical records, and any other
documents pertinent to this Agreement for a period of five (5) years after
termination of this Agreement. If an audit has been initiated and audit findings have
not been resolved at the end of the five (5) years, the records shall be retained until
resolution of the audit findings. The AGENCY shall assure that these records shall
be subject to inspection, review, or audit at all reasonable times by persons duly
authorized by the COORDINATOR or Commission or this Agreement. The
Commission and the COORDINATOR shall have full access to and the right to
examine any of the records and documents during the retention period.
1.6 Comply with safety requirements by:
1.6.1 Complying with Section 341.061, Florida Statutes, and Rule 14-90, Florida
Administrative Code, concerning System Safety or complying with Chapter
234.051, Florida Statutes, regarding school bus safety requirements for
those services provided through a school board.
1.6.2 Assuring compliance with local, state, and federal laws, and Commission
policies relating to drug testing, and,
1.6.3 Complying with COORDINATOR's System Safety Program Plan (SSPP) for
designated service area.
1.7 Comply, or assure compliance by subcontractors if applicable, with Commission
insurance requirements by maintaining at least minimum liability insurance
coverage in the amount of One Hundred Thousand Dollars ($100,000.00) for any
one person and Two Hundred Thousand Dollars ($200,000.00) per occurrence at
all times during the existence of this Agreement. Upon the execution of this
Agreement, the AGENCY shall add the COORDINATOR as an additional named
insured to all insurance policies covering vehicles transporting the transportation
disadvantaged. In the event of any cancellation or changes in the limits of liability
in the insurance policy, the insurance agent or broker shall notify the
COORDINATOR. The AGENCY shall verify the existence of such insurance
coverage by any subcontractor pursuant to this Agreement, prior to the execution
of this agreement, and provide the COORDINATOR written verification of same
upon request. Vehicle insurance coverage shall be in accordance with Sections
234.03 and 234.211, Florida Statutes. Insurance coverage in excess of One Million
Dollars ($1,000,000.00) per occurrence must be approved by the COORDINATOR
and/or the Local Coordinating Board before inclusion in this Agreement or in the
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justification of rates and fare structures, s. 41-2.006(1), Florida Adm inistrative Code.
1.8 Safeguard information by not using or disclosing any information concerning a user
of services under this Agreement for any purpose not in conformity with the local,
state, and federal regulations, including but not limited to 45 CFR, Part 205,50,
except upon order of a court of competent jurisdiction, written consent of the
recipient, or his/her responsible parent or guardian when authorized by law.
1.9 Protect Civil Rights by:
1.9.1 Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the
Rehabilitation Act of 1973, as amended. The AGENCY gives this assurance
in consideration of and for the purpose of obtaining federal grants, loans,
contracts (except contract of insurance or guaranty), property, discounts, or
other federal financial assistance to programs or activities receiving or
benefitting from federal financial assistance and agreeing to complete a Civil
Rights Compliance Questionnaire if so required by the COORDINATOR.
AGENCY shall also assure compliance with:
1.9.1.1 Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000d et seq., which prohibits discrimination on the basis of
race, color, or national origin in programs and activities
receiving or benefitting from federal financial assistance.
1.9.1.2 Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794, which prohibits discrimination on the basis of
disability in programs and activities receiving or benefitting
from federal financial assistance.
1.9.1.3 Title IX of the Education Amendments of 1972, as amended,
20 U.S.C. 1681 et seq., which prohibits discrimination on the
basis of sex in education programs and activities receiving or
benefitting from federal financial assistance.
1.9.1.4 The Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq., which prohibits discrimination on the basis of age
in programs or activities receiving or benefitting from federal
financial assistance.
1.9.1.5 The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35,
which prohibits discrimination on the basis of sex and religion
in programs and activities receiving or benefitting from federal
financial assistance.
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1.9.1.6 All regulations, guidelines, and standards lawfully adopted
under the above statutes.
1.9.1.7 The Americans with Disabilities Act of 1990, as it may be
amended from time to time.
1.9.2 Agreeing that compliance with this assurance constitutes a condition of
continued receipt of or benefit from federal financial assistance, and that it
is binding upon the AGENCY, or its successors, subcontractors,
subgrantees, or others with whom the COORDINATOR arranges to provide
services or benefits to participants or employees in connection with any of
its programs and activities are not discriminating against those participants
or employees in violation of the above statutes, regulation, guidelines, and
standards. In the event of failure to comply, the AGENCY agrees that the
COORDINATOR may, at its discretion, seek a court order requiring
compliance with the terms of this assurance or seek other appropriate
judicial or administrative relief, to include assistance being terminated and
further assistance being denied.
1.10 Comply with all standards and performance requirements of the Commission forthe
Transportation Disadvantaged (Attachment II). Failure to meet the requirements
or obligations set forth in this Agreement, and performance requirements
established and monitored by the Coordinating Board in the approved service plan
shall be due cause for termination of this Agreement, pursuant to Article 3 herein,
unless such deficiencies have been addressed or corrected to the satisfaction of the
COORDINATOR.
1.11 Provide Corrective Action. A corrective action notice is a written notice to the
AGENCY, or any subcontractor thereof providing services pursuant to this
Agreement, that the AGENCY or subcontractor is in breach of certain provisions of
this Agreement and that correction is required. Any corrective action notice will
specify a reasonable item for corrective action to be completed. The AGENCY
agrees to implement the Corrective Action specified in the Notice and provide
written documentation to substantiate the implementation of the Corrective Action.
1.12 All contracts, subcontracts, and coordination contracts will be reviewed and
approved annually by the COORDINATOR and local Coordinating Board for
conformance with the requirements of this Agreement.
1.13 Competitive procurement of consultant services shall comply in full with the
provisions of Section 287.055, Florida Statutes, Consultant's Competitive
Negotiation Act.
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1.14 Competitive procurement of all services or commodities shall comply with the
provision of Chapter 287.057, Florida Statutes, with the exception of transportation
services which are acquired via Rule 41-2, Florida Administrative Code.
1.15 By execution of this agreement, the AGENCY represents that it has not paid and
also, agrees not to pay, any bonus or commission for the purpose of obtaining an
approval of its application for the financing hereunder. Any Transportation
Disadvantaged Funds disbursed to the AGENCY under this Agreement shall not be
expended for the purpose of lobbying the legislature, the judicial branch, or a state
agency.
1.16 COUNTY and AGENCY agree that should AGENCY utilize the services of a
subcontractor for the transportation services referred to herein, the subcontractor
shall be required to comply with all terms and conditions of this Agreement and any
and all contract documents entered into between the AGENCY and any of its
contractors or subcontractors shall so require.
ARTICLE 2
COORDINATOR'S OBLIGATIONS
2.1 Recognize the AGENCY as described in Chapter 427, Florida Statutes, and Rule
41-2, Florida Administrative Code.
2.2 Ensure that entities with transportation disadvantaged funds will purchase
transportation disadvantaged services through the coordinated system.
2.3 At a minimum, monitor the AGENCY, and/or any subcontractor thereof providing
services pursuant to this Agreement, for insurance, safety, and reporting
requirements, pursuant to Chapter 427, Florida Statutes, and Rule 41-2, Florida
Administrative Code. The information contained in the Annual Operating Report
must be collected from the AGENCY on an annual basis.
ARTICLE 3
TERM AND TERMINATION
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall automatically be annually renewed unless this Agreement is
terminated pursuant to the terms and conditions of this article.
3.2 Termination Conditions:
3.2.1 Termination at Will: This Agreement maybe terminated by either party upon
no less than thirty (30) days' notice, without cause. Said notice shall be
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delivered by certified mail, return receipt required, or in person with proof of
delivery.
3.2.2 Termination due to Lack of Designation: In the event that the
COORDINATOR so designated by the local. Coordinating Board and
approved by the Commission, loses its designation, this Agreement is
terminated immediately upon notification to the AGENCY. Notice shall be
delivered by certified mail, return receipt requested, or in person, with proof
of delivery. Notice shall be effective upon receipt.
3.2.3 Termination due to Disapproval of Memorandum of Agreement: In the event
that the Commission does not accept and approve any contracted
transportation rates listed within the Memorandum of Agreement, this
Agreement is terminated immediately upon notification to the AGENCY.
Notice shall be delivered by certified mail, return receipt requested, or in
person, with proof of delivery. Notice shall be effective upon receipt.
3.2.4 Termination for Breach: Unless the AGENCY breach is waived by the
COORDINATOR in writing, the COORDINATOR may, bywritten notice to the
AGENCY, terminate this Agreement upon no less than twenty-four (24)
hour's notice. Notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. Waiver by the
COORDINATOR of breach of any other provision of the Agreement shall not
be deemed to be a waiver of this Agreement, and shall not act as a waiver
or estoppel to enforcement of any provision of this Agreement. The
provisions herein do not limit the COORDINATOR's right to remedies at law
or to damages.
3.2.5 Upon receipt of a notice of termination of this Agreement for any reason, the
AGENCY shall prepare all final reports and documents required by the terms
of this Agreement. A final invoice, if applicable, shall be sent to the
COORDINATOR within thirty (30) days after the termination of this
Agreement.
ARTICLE 4
NOTICE AND CONTACT
4.1 Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified U.S. Mail, postage prepaid, return receipt requested, or by
hand -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 Article. For the present, the
parties designate the following:
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COORDINATOR:
Community Transportation Coordinator
Raymond Borlie
3201 West Copans Road
Pompano Beach, Florida 33069
AGENCY:
Jeffrey__L._ Miller
City Manager
7525 NW 88 Avenue
Tamarac, FL 33321
With A Copy To:
Mitchell S. Kraft
City Attorney
7525 NW 88 Avenue
Tamarac, FL 33321
4.2 In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name and address of the new
representative will be rendered in writing to the other party and said notification
attached to originals of this Agreement.
ARTICLE 5
INDEMNIFICATION
AGENCY is a state agency as defined in Chapter 768.28, Florida Statutes, and
agrees to be fully responsible for acts and omissions of its agents or employees to the
extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing herein
shall be construed as consent by a state agency or political subdivision of the State of
Florida to be sued by third parties in any matter arising out of this Agreement or any other
contract.
ARTICLE 6
MISCELLANEOUS
6.1 NONDISCRIMINATION, EQUAL
EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
AGENCY shall not unlawfully discriminate against any person in its operations and
activities and shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded
in whole or in part by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards.
AGENCY'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 orientation (Broward County Code, Chapter 16'/z), national origin, marital
status, physical or mental disability, political affiliation, or any other factor which
cannot be lawfully or appropriately used as a basis for service delivery.
AGENCY shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not
discriminate against any employee or applicant for employment because of race,
age, religion, color, gender, sexual orientation, national origin, marital status,
political affiliation, or physical or mental disability. In addition, AGENCY 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.
AGENCY shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 161/2), national origin, marital status,
political affiliation, or physical or mental disability during employment. Such actions
shall include, but not be limitedto, thefollowing: 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.
AGENCY shall not engage in or commit any discriminatory practice in violation of
the Broward County Human Rights Act (Broward County Code, Chapter 16'/2) in
performing the Scope of Services or any part of the Scope of Services of this
Agreement.
6.2 PUBLIC ENTITY CRIMES ACT
AGENCY represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes), which essentially provides
that a person or affiliate who is a contractor, consultant or other provider and who
has been placed on the convicted vendor list following a conviction for a Public
Entity Crime may not submit a bid on a contract to provide any goods or services
to COORDINATOR, may not submit a bid on a contract with COORDINATOR for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to COORDINATOR, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with
COORDINATOR, and may not transact any business with COORDINATOR in
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excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on
the convicted vendor list. Violation of this section shall result in termination of this
Agreement.
In addition to the foregoing, AGENCY further represents that there has been no
determination, based on an audit, that it committed an act defined by Section
287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether AGENCY has been placed on the convicted
vendor list.
6.3 INDEPENDENT CONTRACTOR
AGENCY is an independent contractor under this Agreement. Services provided
by AGENCY pursuant to this Agreement shall be subject to the supervision of
AGENCY. In providing such services, neither AGENCY nor its agents shall act as
officers, employees, or agents of the COORDINATOR. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third
person or entity under this Agreement.
6.4 THIRD PARTY BENEFICIARIES
Neither AGENCY nor COORDINATOR intends to directly or substantially benefit a
third party by this Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against either of them based upon this Agreement.
6.5 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by AGENCY without the prior written consent of COUNTY.
AGENCY shall perform its duties, obligations, and services under this Agreement
in a skillful and respectable manner. The quality of AGENCY's performance and
all interim and final product(s) provided to or on behalf of COORDINATOR shall be
comparable to the best local and national standards.
6.6 CONFLICTS
Neither AGENCY nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic
or incompatible with AGENCY's loyal and conscientious exercise of judgment
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related to its performance under this Agreement.
AGENCY agrees that none of its officers or employees shall, during the term of this
Agreement, serve'as an expert witness against COORDINATOR in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process, nor shall such persons 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 COORDINATOR or in connection with any such pending or
threatened legal or administrative proceeding. The limitations of this section shall
not preclude AGENCY or any other persons from representing themselves in any
action or in any administrative or legal proceeding.
In the event AGENCY is permitted to utilize subcontractors to perform any services
required by this Agreement, AGENCY agrees to prohibit such subcontractors, by
written contract, from having any conflicts within the meaning of this section.
6.7 WAIVER OF BREACH AND MATERIALITY
Failure by COORDINATOR 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.
AGENCY and COORDINATOR 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.
6.8 COMPLIANCE WITH LAWS
AGENCY 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.
6.9 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 COORDINATOR or AGENCY elects to terminate this Agreement.
The election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
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6.10 JOINT PREPARATION
The parties hereto 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 a joint effort of the parties, the language has been
agreed to by parties to express 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.
6.11 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 6 of this Agreement shall
prevail and be given effect.
6.12 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.
6.13 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 COORDINATOR
and AGENCY.
6.14 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, 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 contained in a written
document in accordance with Section 6.13 above.
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6.15 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits are incorporated into and made a part of this
Agreement.
6.16 MULTIPLE ORIGINALS
This Agreement may be executed in three (3) copies, each of which shall be
deemed to be an original.
[Intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agree-
ment: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing
by and through its Director, Division of Mass Transit, authorized to execute same by
Resolution on the 17' day of August,1999, and AGENCY, signing by and through its
, duly authorized to execute same.
FOR THE COORDINATOR:
APPRn\/Fn
(Chairperson, L
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Joseph Varsallone
(Signature)
Director, Division of Mass Transit
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(Date)
Approved as to form by
Office of the County Attorney
for Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By .�
CAROL S. W F
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AS THE COMMUNITY
TRANSPORTATION COORDINATOR AND THE CITY OF TAMARAC FOR
TRANSPORTATION DISADVANTAGED SERVICES
(Signatu q'
Jeffrey L. Miller
City Manager, City of Tamarac
This / 7 day of ft. t L-. , 20 o o .
a
Clerk
CSW:cb
coorcont.form
#98-114.09
00-114.04
03/20/00
5iE•"2
FOR AGENCY:
(Sig ature)
Joe Schreiber
Mayor, City of Tamarac
ATTACHMENT I
AGENCY SERVICE DESCRIPTION
Provide written description of the following areas that apply to your agency's
transportation service.
1. Type of Service: (Ambulatory, wheelchair, stretcher)
Route based service — buses have wheelchair capability with accommodating two
wheelchairs plus 16 passenger.
2. Days and Hours of Service:
Route service operate Monday through Friday, hours of operation are 9a.m. to 5p.m.
*Service will NOT be provided on: (Holidays and other day)
No Saturday and Sunday service. No service on the following holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day.
3. Vehicle Inventory Listing: (attach if necessary)
3 buses: 8499. 8599, 8699
4. Vehicle Equipment Standards: (air conditioning, grab rails, fire extinguishers, first aid
kits, radio communication, securement devices, etc.)
2-way radio system and engine fire suppression system. Buses are equipped with
public address system to comply with the Americans with Disabilities Act.
5. Driver Qualifications and Training Requirements:
Drivers are all CDL qualified having either a CDL Class B or CDL Class C licenses. All
bus operators have been certified by Broward County Transit Training Department.
6. Agency's Fare Structure: (client fares, subcontractor reimbursement, eligibility)
Fare will be .in effect as of May 1, 2000. Cost will be twenty-five cents per ride, no
transfers or passes will be accepted or issued.
7. Billing/ Invoicing/ Reimbursement Procedure: (What reports and how often are
transportation reports generated?)
Daily, Weekly, and monthly statistics report are compiled, accounting for scheduled
trips, wheelchair passengers, total passengers and mileage usage for each vehicle.
The Operation Vehicle Condition Report (O.V.C.R.) completed by bus operators, is
logged daily for bus safety inspection. Separate statistics reports are made for medical
and marketing customers.
page 1 of 2
cif-[+1:IkyT:111111161
AGENCY SERVICE DESCRIPTION
Provide written description of the following areas that apply to your agency's
transportation service.
1. Type of Service: (Ambulatory, wheelchair, stretcher)
Door-to-door medical and marketing service consisting of: one wheelchair accessible
bus that accommodates two wheel chair customers and 16 passengers for a total of 18,
one non accessible wheelchair bus that accommodates 20 passengers, and one sedan
able to accommodate four passengers.
2. Days and Hours of Service:
Door-to-door service operates Monday through Friday. Hours of operation are 7:30am
to 4:30p.m.
No Saturday, Sunday, or Holiday service available. ( see page 1 )
3. Vehicle Inventory Listing: (attach if necessary)
2 buses (803 and 813) 1 Sedan (809)
4. Vehicle Equipment Standards: (air conditioning, grab rails, fire extinguishers, first aid
kits, radio communication, securement devices, etc.)
Buses are equipped with: public address system to comply with the Americans with
Disabilities Act, and a 2-way radio system.
5. Driver Qualifications and Training Requirements:
Drivers are all CDL qualified having either a CDL Class A or CDL Class B licenses. All
bus operators have been certified by Broward County Transit Training Department.
6. Agency's Fare Structure: (client fares, subcontractor reimbursement, eligibility)
Tamarac residents using door-to-door service pay a yearly fee of $5.00 payable to the
City of Tamarac due upon receipt.
7. Billing/ Invoicing/ Reimbursement Procedure: (What reports and how often are
transportation reports generated?)
Daily, Weekly, and monthly statistics report are compiled, accounting for scheduled
trips, wheelchair passengers, total passengers and mileage usage for each vehicle.
The Operation Vehicle Condition Report (O.V.C.R.) completed by bus operators, is
logged daily for bus safety inspection. Separate statistics reports are made for medical
and marketing customers.
page 2 of 2
Pr
ATTACHMENT II
The Commission for the Transportation Disadvantaged
Standards and Performance Requirements
Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation
Coordinator and any Transportation Agency from whom service is purchased or arranged
by the Community Transportation Coordinator shall adhere to Commission approved
standards. These standards shall include:
(A) Drug and alcohol testing for safety sensitive job positions within the coordinated
system regarding pre -employment, randomization, post -accident, and reasonable
suspicion as required by the Federal Highway Administration and the Federal
Transit Administration.
(B) An escort of a passenger and dependent children are to be transported as locally
negotiated.
(C) Child restraint devices shall be determined locally as to their use, responsibility, and
cost of such device in accordance with all local, state, and federal regulations.
(D) Passenger property that can be carried by the passenger and/or driver in one trip
and can be safely stowed on the vehicle, shall be allowed to be transported with the
passenger at no additional charge. Additional requirements may be negotiated for
carrying and loading rider property beyond this amount. Passenger property does
not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive
devices, or intravenous devices.
(E) Vehicle transfer pointed shall provide shelter, security, and safety of passengers.
(F) A local toll free phone number for complaints or grievances shall be posted inside
the vehicle.
(G) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery,
damaged or broken seats, protruding metal or other objects or materials which
could soil items placed in the vehicle or provide discomfort for the passenger.
(H) Passenger/trip data base must be maintained or accessible by the Community
Transportation Coordinator on each rider being transported within the system.
(1) Adequate seating for paratransit services shall be provided to each rider and escort,
child, or personal care attendant, and no more passengers than the registered
passenger seating capacity shall be scheduled or transported in a vehicle at any
NE
9
time.
(J) Drivers for paratransit services, including coordination contractors, shall be required
to announce and identify themselves by name and company in a manner that is
conducive to communications with the specific passenger, upon pickup of each
rider, group of riders, or representative, guardian, or associate of the rider, except
in situations where the driver regularly transports the rider on a recurring basis.
Each driver must have photo identification that is in view of the passenger. Name
patches, inscriptions or badges that affix to driver clothing are acceptable.
(K) The paratransit driver shall provide the passenger with boarding assistance, if
necessary or requested, to the seating portion of the vehicle. The boarding
assistance shall include opening the vehicle door, fastening the seat belt or
utilization of wheel chair securement devices, storage of mobility assistive devices,
and closing the vehicle door. In certain paratransit service categories, the driver
may also be required to open and close doors to buildings, except in situations in
which assistance in opening/closing building doors would not be safe for
passengers remaining in the vehicle. Assisted access must be in a dignified
manner.
(L) All vehicles shall be equipped with two-way communications in good working order
and be audible to the driver at all times to the base.
(M) All vehicles shall have working air conditioners and heaters in each vehicle.
Vehicles that do not have a working air conditioner or heater will be scheduled for
repair or replacement as soon as possible.
(0) First Aid shall be determined locally.
(P) Cardiopulmonary resuscitation shall be determined locally.
-2-
82/Z3/Rl 12:47:88 DELL COMPUTER CORP-> 954 724 1212 DELL COMPUTER CORP Page 881
�7
N
DATE: February 23 2001
TO: LILLIAN PABON
COMPANY:PABON LILLIAN
PHONE #:(954) 724-1207 EXT
FAX #: (954) 724-1212
FROM: RICHARD CIZ
COMPANY:DELL MARKETING L.P.
PHONE #:(800) 274--7799 EXT 80000
FAX #: (800) 242-0964
URL: WWW.DELL.COM/HIED
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 274-7799 EXT 80000 (800) 242-0964 SALES REP FAX
®Z/23/B1 1Z:47:ZZ DELL COMPUTER CURP--> 954 724 1212 DELL COMPUTER CORP Page 882
0"L QUOTATION
MS LILLIAN PABON
PABON LILLIAN
6174 S W 1ST ST
MARGATE, FL 33068
February 23 2001
SKU #
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
220-3453
1
Dimension 4100 Series,Pentium
1,371.00
1,371.00
III Processor at 1 GHz
310-0436
1
Microsoft Internet Keyboard,
Dell Edition for Windows ME
310-0589
1
Logitech MouseMan Wheel
(PS/2v),Factory Install
311-7001
1
128MB SDRAM at 133MHz,Factory
Install
313-0506
1
8x/4x/32x CD-RW,
Factory Install
313-1303
1
DVD ROM with Software Decoding
313-2001
1
12X Max Variable DVD ROM Drive
Factory Install
313-3925
1
harman/kardon HK Speakers
Factory Install
313-5551
1
56LWSME Telephony Modem for
Windows
313--7222
1
Dell Application Back-up CD,
Factory Install
313-7869
1
SB LIVE! Value Digital,Factory
Install
320-4512
1
NEW 32MB DDR nVidia GeForce2
GTS 4X APG Graphics Card
320-5321
1
19 in (17.9 in Viewable Image
Size,.26 dp) M991 Monitor
340-2409
1
3.5",Floppy Drive,Factory
For your convenience, we have listed your sales representative,
your quote number and your customer number which will provide
you with faster service when you are ready to place your order.
Sales Representative:
RICHARD CIZ
Quote #: 55624206
Prices and tax rates are subject to change.
Business Leasing provided by Dail Financial 6eMees, an independent entity. Customer #: 14340414
Leasing Documentation Fee $55
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 274-7799 EXT 80000 (800) 242-0964 SALES REP FAX nev-c
RZ/23/01 12:47:47
DELL COMPUTER CORP-> 954 724 1212 DELL COMPUTER CORP Page M3
N"L QUOTATION
MS LILLIAN PABON
PABON LILLIAN
6174 S W 1ST ST
MARGATE, FL 33068
February 23 2001
SKU #
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
Install
340-9909
1
20.4GB 7200 RPM Ultra ATA Hard
Drive,Factory Install
412-0175
1
Resolution Assistant,V3.2,
Dimension,English,World Wide
412-1050
1
SPIRE 6.0 For Windows
Millennium,English,Readyware,
Factory Install,No Media
412-2900
1
Dell Solution Center,V1.3,
Dimension,World Wide
412-4258
1
Dell Proactive Support,
Factory Install
412-4630
1
Norton Antivirus 2001,OEM,
English
420-8050
1
Windows Millennium (ME),
Factory Install
430-0591
1
No Network Card Requested,
Dell Dimension
460-8320
1
No Zip Drive Requested
412-3636
1
MS Works Suite 2001 Standard,
CD & Docs,US English,Factory
Install
900-1330
1
Type 3 Contract - Next
.00
.00
Business Day Parts & Labor
On -Site Response Initial Year
For your convenience, we have listed your sales representative,
your quote number and your customer number which will provide
you with faster service when you are ready to place your order.
Sales Representative:
RICHARD CIZ
Quote #: 55624206
Prices and tax rates are subject to change.
Business Leasing provided by Dell Finandat Services, an independent entity. Customer #: 14340414
Leasing Documentation Fee $55
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 274-7799 EXT 80000 (800) 242-0964 SALES REP FAX VzV-c