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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-0961 Temp. Reso. #7850 Rev. #1 - 05/02/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 97- q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE RENTAL OF BUS TRANSPORTATION SERVICES FOR RECREATIONAL PROGRAMS UTILIZING THE BROWARD COUNTY GOVERNMENTAL COOPERATIVE PURCHASING GROUP REQUEST FOR PROPOSAL #97-B-006, FOR AN ESTIMATED AMOUNT NOT TO EXCEED $12,000 ANNUALLY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City must provide bus transportation services for all recreational programs including the Summer Program, Winter Break, Spring Break, Kids Day Off and Teen Club; and WHEREAS, The City of Coral Springs awarded Request for Proposal #97-B-006 on behalf of the Broward County Governmental Cooperative Purchasing Group, to Shortway Lines of Florida, Inc. to provide forty-nine (49) passenger coach buses, and A1A Transportation Inc. to provide sixty-five (65) passenger school buses on an as needed basis; and WHEREAS, City Code Section 6-154 allows the Purchasing and Contracts Manager the authority to join with other units of government in cooperative purchasing when the best interest of the City would be served; and WHEREAS, The Purchasing and Contracts Manager and the Acting Director of Parks and Recreation has recommended that the City Commission approve award to Shortway Lines of Florida Inc. and A1A Transportation Inc. effective February 4, 1997 through February 3, 1999 with options to renew for two (2) additional years in two (2) year increments, for a cumulative total not -to -exceed six (6) years; and 2 Temp. Reso. #7850 Rev. #1 - 05/02/97 WHEREAS, available funds exist in the general fund budget for said purpose; 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 bus transportation services from Shortway Lines of Florida Inc. and Al Transportation Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2: That the City authorizes the appropriate City Officials to execute an agreement with Shortway Lines of Florida Inc. (attached hereto as Exhibit 1) and A1A Transportation Inc. (attached hereto as Exhibit 2) for bus transportation services for an estimated amount not to exceed $12,000.00 annually. ,gectlQ?1_3: That the rental of bus transportation services for recreational programs is HEREBY APPROVED to Shortway Lines of Florida, Inc. and A1A Transportation Inc. in accordance with the terms and conditions of the Broward County Cooperative Purchasing Group Request for Proposal#97-B-006, attached as Exhibit 3. Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. agction 5: 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. 3 Temp. Reso. #7850 Rev. #1 - 05/02/97 Section 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /I ATTEST: }CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have amaroved this RESOLUTION as to YfCHELL S. K%AF CITY ATTORNEY Purchasing/SK day of /� JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR DIST 1: o DIST 2:'S �9_ DIST 14alZ v T DIST 4: Loa , P-6:f— 1997. R. 0(7- (7( Exhibit 1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHORTWAY LINES OF FLORIDA INC. FOR COACH BUS TRANSPORTATION SERVICES FOR THE PARKS AND RECREATION DEPARTMENT THIS AGREEMENT is made and entered into this 1.4th day of may 11997 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Shortway Lines of Florida, Inc. with principal offices located at P.O. Box 1197, Fort Lauderdale, A 33302-1197 (the "Contractor') to provide for Coach Bus Transportation Services for the Parks and Recreation Department. 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), the specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein. 2) The Work The Contractor shall provide bus service from Boca Raton on the North to 163rd in Dade County and parts in between including all of Broward Count for the City required by the contract documents and as set forth below. 1. Contractor shall furnish 49 passenger coach buses for the Parks and Recreation Department on an as needed basis for the following programs: Summer Program, Winter Break, Spring Break, Kids' Day Off and Teen Club. 2. The Summer Program requires one (1) bus rental as follows: a. Summer camp is eight (8) weeks long beginning June 23 - August 15. b. An approximate estimate of the bus use is 248 hours for the summer program. 3. Other usage includes four (4) additional trips of approximately eight ei hours each ( $ ) for a total of thirty-two (32) hours. 97 5c Agreement between City of Tamarac is and Shortway Lines of Florida, Inc. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 0 4) Time of Commencement and Substantial Completion • The work to be performed under this Agreement shall commence after execution of the Agreement and be effective through February 3, 1999 and may, by written agreement, be extended for two (2) additional years in two (2) year increments, for a cumulative total not -to -exceed six (6) years, at City of Tamarac's option. 5) Contract Sum The Contract Sum for the above work is Thirty -Seven Dollars and no cents per hour per bus ($37.00/hr/bus) with a five (5) hour minimum time allottment. 6) Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. The Contractor provides 10 days - 5% discount; 14 days - 2%; or net 30. K C. 9 7- 516 Agreement between City of Tamarac 0 and Shortway Lines of Florida, Inc. 7) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or wilful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 0 8) Non -Discrimination • The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 3 kcCi7-re Agreement between City of Tamarac and Shortway Lines of Florida, Inc. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior written consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the City. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. KIM City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. Michael J. Angelino Vice President Shortway Lines of Florida, Inc. P.O. Box 1197 Fort Lauderdale, FL 33302-1197 (954) 523-0300 12) Termination Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and 4 f,. 9 54 • r] 0 Agreement between City of Tamarac and Shortway Lines of Florida, Inc. to the extent indicated on the notice of termination, terminate all outstanding sub- contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 14) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 15) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision not shall it affect the enforceability of that provision or of the remainder of this Agreement. 16) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. R S'7 L �J Agreement between City of Tamarac and Shortway Lines of Florida, Inc. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and SHORTWAY LINES OF FLORIDA, INC. signing by and through its President, duly authorized to execute same. ATTEST: 4 Carol Evans, City Clerk Date: May 14, 1997 ATTEST: Corporate Secretary Type name of Corporate Secretary (CORPORATE SEAL) OFFICIAL CORPCPATF GAL ESHICIRTWAY LINES OF FLORIDA, INC. FLORIDA 1994 0 rol CITY OF TAMARAC By: Jo chreiber, Mayor Date: May 14 1997 Robert S. Noe, Jr., City Manage r Date:_. MAy 14, 1997 d as to form and legal cy: a 'tr 114 S. KrAft, Cif Attorney SHORTWAY LINES OF FLORIDA IN Q, 1. ,e"&1 .�— Michael J. Angelino, Vice President LftUV5 S. '5LV�4ILI Type/Print Name of President Date: 5 (o • 11 No 9 q- lib • • • Agreement between City of Tamarac and Shortway Lines of Florida, Inc. STATE OF FLORIDA :SS COUNTY OF t" VM I -L I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County of resaid to t ,ackgowled_g_ments personally appe red L)sci 61o,n,r-1a /1I1ChG,wiew wry, /ems a (officer or agent and title) R (name of corporation) a 1 Corporation, to me known to be the person(s) described in and (State or place of corporation) who executed the foregoing instrument and . 4 41. acknowledged before me that t6 2!j executed the same. WITNESS my hand and official seal this w day of 4 M CLJ4,ff�,?9_V ( ) Personally known to me or (�roduced Identification P L, /a D - , L—i G ( ) DID not take an oath, or ( ) DID NOT take an oath. uAcontracts\Shortway Lines 7 /00 TRRY PUBLIC State of Florida at Large %BARBARA CROCE CO MNMON10 CC 461782 No 7(Name of N WsI► -4 % jype as Commissioned) C�. o L-1 s A /b Y62537a71A M.e S a —5-SOtlt"ol 7� Type of I.D. Produced IR-93- li'(o • AGREEMENT BETWEEN THE CITY OF TAMARAC AND A1A TRANSPORTATION, INC. FOR SCHOOL BUS TRANSPORTATION SERVICES FOR THE PARKS AND RECREATION DEPARTMENT Exhibit 2 THIS AGREEMENT is made and entered into this14 th day of May 11997 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Al Transportation, Inc. with principal offices located at 501 Northwest 159 Street, Miami, FL 33169 (the "Contractor") to provide School Bus Transportation Services for the Parks and Recreation Department. 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), the specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein. 2) The Work The Contractor shall provide bus service to Broward County, South Palm Beach County, and Northern Dade County for the City required by the contract documents and as set forth below. Contractor shall furnish 65 passenger school buses for the Parks and Recreation Department on an "as needed" basis for the following programs: Summer Program, Winter Break, Spring Break, Kids' Day Off and Teen Club. 2. The Summer Program requires one (1) bus rental as follows: a. Summer camp is eight (8) weeks long beginning June 23 - August 15, for a total of 39 days. b. An approximate estimate of the bus use is 31 days x 8 hours for a total of is248 hours for the summer program. kjl-96 Agreement between City of Tamarac and Al Transportation, Inc. C. This constitutes approximately 57 trips, 52 % day trips at 4 hours each and 5 full day trips at 8 hours each. 3. Other usage includes twelve (12) additional trips of approximately eight (8) hours each for a total of ninety six (96) hours. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall commence after execution of the Agreement and be effective through February 3, 1999 and may, by written agreement, be extended for two (2) additional years in two (2) year increments, for a cumulative total not -to -exceed six (6) years, at City of Tamarac's option. 5) Contract Sum The Contract Sum for the above work is Thirty -Seven Dollars and fifty cents per hour per bus ($37.50/hr/bus) with a four (4) hour minimum time allottment. 6) Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 2 4-97-f'(. Agreement between City of Tamarac 0 and AM Transportation, Inc. is 7) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or wilful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8 Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 3 le 9 7-4 (, Agreement between City of Tamarac 0 and A1A Transportation, Inc. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior written consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the City. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. [y111 Vill City Manager City of Tamarac 7525 N.W. 881h Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. KOJ `71 911101 Tomas E. Hernandez President A1A Transportation, Inc. 501 Northwest 159 Street Miami, Florida 33169 (305) 949-2700 12) Termination Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of 4 le- s,7e7y Agreement between City of Tamarac and Al A Transportation, Inc. termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub- contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) Venue This Agreement shall be governed by the laws of the State of Florida as now and I* hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 14) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 15) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision not shall it affect the enforceability of that provision or of the remainder of this Agreement. 16) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. W R 9 7-- Y6 0 • Agreement between City of Tamarac and A1A Transportation, Inc. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and A1A TRANSPORTATION INC., signing by and through its President, duly authorized to execute same. ATTEST: .4 Carol Evans, City Clerk Date: May 14, 1997 ATTEST: N/A Corporate Secretary N/A Type name of Corporate Secretary (CORPORATE SEAL) Cl CITY OF TAMARAC By: Jo chreiber, Mayor Date: Robert—S. Noe, Jr., City Man er Date: Mny 14, 1997 ed as to form did legal ncy: z �./ II S. Kraft, Fyty Attorney A1A TRANSPORTATION, INC. Tomas It. Hernandez, fresident Tomas E. Hernandez Type/Print Name of President Date: May 5, 1997 • C� Agreement between City of Tamarac and Al Transportation, Inc. STATE OF FLORIDA :SS COUNTY OF `-xlo�� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Tomas E. Hernandez, President of AIA Transportation, Inc. (officer or agent and title) (name of corporation) a Florida Corporation, to me known to be the person(s) described in and (State or place of corporation) who executed the foregoing instrument and Tomas E. Hernandez acknowledged before me that executed the same. WITNESS my hand and official seal this .day of 9` r7 . ............ SMDRA HERNANDEZ _ MY COMMISSION N CC 464817 NOTARY PUBLIC, State of Florida at Largo }� EVIRES: May 17,19" ,� 1 Banded 17iN Notary PubYC UndenrodteraL ll. 1 (\ ( I��f { r _..... .„ - ' (Name of Notary Public: Print, Stamp, or Type as Commissioned) '}.Personally known to me or ( ) Produced Identification ( ) DIDIfWtake an oath, or (X) DID NOT take an oath. WcontractsAIA Transportation Inc. 7 Type of I.D. Produced