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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-0901 !l 1 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. Ll 1 1 1 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 0 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 RGB/ng 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 0 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. -2- 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 -3- 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. MS 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. -5- 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 M 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: 719 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 W11 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 -10- 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. MEN 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. -12- 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] 591 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 -14- Joseph Varsallone (Signature) Director, Division of Mass Transit 1?/ ------ —U----------- (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