HomeMy WebLinkAboutReso 2020-3067 RESOLUTION NO. 2020 - 3O07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A FOURTH AMENDMENT TO
THE AGREEMENT WITH ACADEMY BUS, LLC FOR MOTOR COACH
TRANSPORTATION SERVICES, IN AN AMOUNT NOT TO EXCEED
SIXTY THOUSAND DOLLARS ($60,000.00), ATTACHED HERETO AS
EXHIBIT"A";AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,in March 2016,the City issued and advertised Invitation to Bid No. 16-03-01,
for Transportation Services—Motor Coach Rental,for which five(5)responses were received,and it
was determined that Academy Bus,LLC("vendor")was the lowest responsible,responsive bidder;
and
WHEREAS, on April 21St, 2016 via Resolution No. 2016-2544 the City Commission
awarded Bid No. 16-03-01 and approved an agreement with the vendor in an amount not to exceed
$120,000.00 for a two (2)year period; and
WHEREAS, on May 17th, 2018, via Resolution No. 2018-2822 the City Commission
approved a First Amendment to the Agreement with the vendor,thereby exercising its first of three
(3) renewal options; and
WHEREAS,on January 15th,2019 the City Manager executed a Second Amendment to the
agreement with the vendor which increased the hourly rate amount not to exceed $79.67; and
WHEREAS, on May 16th, 2019 via Resolution No. 2019-2938, the City Commission
approved a Third Amendment to the Agreement with the vendor, thereby exercising its second of
three (3) renewal options; and
WHEREAS, the City, being satisfied with the services provided by Academy Bus, LLC,
chooses to exercise its third and final renewal option; and
WHEREAS, the City Commission wishes to approve the Fourth Amendment to the
Agreement with Academy Bus,LLC to provide Motor Coach Transportation Services,in an amount
not to exceed Sixty Thousand Dollars($60,000.00),bringing the total contract amount not to exceed
Three Hundred Thousand Dollars ($300,000.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fourth Amendment. The City Commission hereby approves a Fourth
Amendment to the Agreement with Academy Bus,LLC for Motor Coach Transportation Services for
in an amount not to exceed Sixty Thousand Dollars($60,000.00),bringing the total contract amount
not to exceed Three Hundred Thousand Dollars ($300,000.00), attached hereto as Exhibit"A".
R2020 Fourth Amend to Agmt w Academy Bus Page 1 of 2
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said amendment, and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of June 2020.
(�.1 George H. Scholl, Mayor
AT ' u
Ma icio :-tancur, CMC, City Clerk
APPROVED AS TO FORM
AND LEG- SUFFICIENCY:
0 0
Edward A. Dion, ity Attorney
Moved by: MisstoNLa- VSGtt-4 Seconded by: i e.dittqua &
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin -7(Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama 4 (Yes) (No)
Commissioner Viscarra / (Yes) (No)
R2020 Fourth Amend to Agmt w Academy Bus Page 2 of 2
•
.�: FOURTH.Ai19END1��fENT TO THE AGREEMENT BETWEEN
�� <r 'i THE CITY OF SUNNY 1S1.,FS BEACH AND ACADEMY BUS,LLC.
•
• `\ 0'/ CONTRACT NO.2020-6189
r y •
This Fourth Amendment to the Agreement between the CITY QF SUNNY ISLES BEACH
" '" executed this O1da y of
ACADEMY BUS,LLC., Contractor x � y
("City")1n.d ("Contractor") S�6
ri inal Agreement dated June 13,2016,as amended,Contract No.C6189-
2019,is made a part of the o g g
attach' d hereto as Attachment "A", between the Cityand Contractor,
1516-069 ("the Agreement"),
cr
whose Federal Identification# is 26-2277038. The City and Contractor hereby agreerce
as follows:
1.• OPTION TO RENEW. The City hereby elects to exercise its third option to renew for one
(.l)year as set forth in Section 3•of the original Agreement,which is incorporated herein by reference.
The effective date of this fourth,amendment shall commence on June.14, 2020 and shall terminate no
later than June 13, 2021.. There will be no additional, renewal terms remaining as per the original
Agreement.
2. ADDITIONAL COMPENSATION. Effective June 14, 2020,the payment to Contractor, is
hereby amended to include additional compensation not to exceed Sixty Thousand Dollars
($60,000.00), bringing the total contract.amount not to exceed Three Hundred Thousand Dollars
($300,000.00).
3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in.the boycott.of Israel is prohibited.
Contractors must certify that the company is not participating in a boycott of Israel. Any contract for
goods or services of One Million Dollars($1,000,000)or more shall be terminated at the City's option
if it is discovered that the entity submitted false documents of certification, is listed on.the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,or has been engaged in business operations in.Cuba or Syria after July
1,2018.
Any contract entered into or renewed after July I,2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel.Contractors must.submit the certification that is attached to this agreement as Attachment"A",
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice,in writing, to the'Contractor of the City's determination concerning the false certification.The
Contractor shall have ninety (90) days following receipt of the notice to respond. in writing and
demonstrate that the determination was in error.If the Contractor does not demonstrate that the City's
. determination of false certification was made in error, then the City shall have the right to terminate
the contract and seek civil remedies pursuant to Florida Statute Section 287.135.
3. OTHER PROVISIONS REMAIN iN EFFECT. Except as specifically modified herein,all
terms and conditions of the original Agreement between the parties dated June 13,2016,as well as the
First,Second,and Third Amendments shall remain in full force and effect.
i E 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
- . contained in this Fourth Amendment shall prevail and be given superior effect and priority over any •
conflicting or inconsistent te_dns, statements,sequireunents or._prow.isions_contained_in_anyJather
document or attachment,including but not limited to.Attachment."A".
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment as of
• the date mentioned above.
WIT SS: ACADE t ■ ,
ature t B � • e .
Antonio Rai • , Vice President of Sales
L. ,.4 GLC
Print Name - "
ATTEST: 'pp CITY OF SUNNY ISLES BEACH
•'611/1111 r
BY: BY:����
Maui io Betani,ur Christopher J. R so, �/.1/j?-/
ity Manager
CMC City Cler
APPR ED A OR AND
I LEGAL S FF.CIEN
J it BY:
Departm` t Head 'ward A. Dion, tyAttorney
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2020-6139—ACADEMY BUS,LLC Page 2
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`' , AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND ACADEMY BUS, LLC.
'�- " CONTRACT NO. C6189-1516-069
. CO.
THIS CONTRACTjJAL AGRE4MENT (hereinafter referred to as the"Agreement")is
made in duplicate,this (3 day of UrJS , 2016,by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and, ACADEMY BUS,
lf..lf•.C., a corporation authorized to do business in.the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D.# is el4-221'10 ' .
RECITALS
WHEREAS, the City is in need of a contractor to provide Motor Coach Transportation
Services on an as-needed basis for various City activities ("Services"), as more particularly
described in Attachment "A",which is attached hereto; and
WHEREAS, the Contractor is qualified,willing and able to provide the Services based on
'the terms and conditions of Invitation to Bid No. 16-03-01•("ITB"),which is entirely incorporated
herein by reference; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services during the initial two(2)year terns in a total contract amount not to exceed One Hundred i
Twenty•l'housand Dollars(S120,000.00).
NOW TIIEREFORE+, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration; the receipt and
adequacy of which is hereby acknowledged, the parties agree as Ibllows: .
1. RECITALS. The Recitals set forth above arc hereby incorporated into this Agreement .
and made a part hereof for reference.
i r 2. SERVICES. Contractor shall provide motor coach transportation services as more •
i particularly described in 1113 No. 16-03-01 and Attachment"A",a copy of which is attached hereto .
and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, this Agreement shall be for an initial term of two(2)years with three(3) options
to renew; for one (1) year each. .1•he initial term of this Agreement shall commence on June 13,
2016, and terminate two (2) years thereafter, subject to the termination clause provided herein.
4. COMPENSATION. Contractor agrees to provide the Services at the rate of Seventy-
Seven Dollars and Ninety Five Cents($77.95)per hour for a total amount not to exceed Fifty'Five
Thousand Dollars ($55,000.00) for the first year, and Sixty Five Thousand Dollars (565,000.00)
I I for the second year, bringing to total contract amount not to'exceed One llundred Twenty
i -l'hrn ism d i)D1lani_(5120;10.00)_f9x_thci.n.itiaLtwo(2)_y_car_p_exiosl._Paytnenuo_Contractorlor_all
charges and tasks under this Agreement shall be in accordance with this Agreement and the
• schildule of charges reflected in Attachment"A"and under the fallowing conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
s d+
.
C6189-1516-069 ACADEM Y BUS,LLC. Exhibit"A" •
- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax,
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b. Payment Schedule. Invoices received from the Contractor pursuant to this
_ Agreement:will be reviewed by the initiatine City Department, Payments shall
made only after completion of each monthly service period. If services have been
rendered in conformity with the Agreement, the invoice will be sent to the Finance
Department Ibr payment. invoices must reference the contrftct number assigned
hereto. Invoices will be paid in accordance with the State of Florida Prompt
Payment Act. The City will pay properly submitted Contractor invoices following
each quarterly period within 30(thirty)days of receipt,for completed and accepted
deliveries or specified services unless the City notifies the Contractor in writing of
the dispute; before the payment is due.
c. Availability of Funds. The City's performance and obligation to pay under this
Agrcement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
• sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty(20)days' notice to Contractor.
d. Final,Invoice. In order for both parties herein to close their books and records,the
Contractor will clearly state "final'invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed; any other additional charges; if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permil.p, overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. if'the City disputes any charges on the
invoices,it may make payment of the uncontested amounts and withhold payment on the contested
amounts until they arc resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety.
for any contract, debt, obligation,3udement, lien, or any form of indebtedness, The Contractor
further warrants and represents that it hasp no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement,
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5. INDEPENDENT CONTRACTOR RELATIONSHIP. .the Contractor is an
independent contractor'and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee;';.partner; agent, shareholder, officer or in any other capacity other than as an
. ' independent contractor other than those obligations which have been or shall have been undertaken
;133rtlweity7Oprit tactor sh<flfil7 7i) ibie-for any and ail-of its-own-expenses-in-perfi its
duties as contiemplated under this Agreement. The City shall not be resporisible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
pay Social Security services and that such obligations shall be that of the Contractor, other than
'2 SIB
('6180-1516-1169,\C A 1)P.M Y MIS;t 15;
•
- City of Sumy Isles Behar 18070 Collins/Avenue, Sunny Isles Beach, Florida 3316(1
(305)947-0606 phone(305) 949-3113 Pax
those set forth in this Agreement. Contractor shall furnish its own transportation,office and other
• - Fsupplies as it determines necessary in carrying out its duties under this Agreement.
6. OWNERSHIP OF DOCUMENTS ANI) EQUIPMENT. AH documents prepared by
the Contractor pursuant to this Agreement and related Services to this Agreement are intended and
represented-for the ownership of'the City only. Any other use by Contractor or other parties shall
be approved in writing by the City. if requested; Contractor shall deliver the documents to the
City within fifteen (I3)calendar days.
7. INSURANCE. Contractor shall; at its sole cost and expense, during tfic period of any
work being performed under this Agreement, procure and maintain the fbllowing minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
❑ Comprehensive General Iiability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and properly damage liability
with minimum limits of:'Two Million Dollars ($2,000,000) per occurrence.
❑ Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
❑ Business Automobile Liability which shall include coverage for ail owned, non-
owned and hired vehicles for minimum limits of not fess than One Million Dollars
($1,000,000) per occurrence, including One Million Dollars ($1,000,000.00) per
accident for bodily injury and One Million Dollars($1,000,000.0{1)per accident for
property damage.
Insutance required of the Contractor shall he primary to, and not contribute with,any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall..bc issued by companies
authorized to do business under the.laws of the State of Florida and acceptable to the City with a
minimum A.M. Rest rating of A-Excellent. Before any work under this Agreement k
• performed,and at any.time upon request,Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall he appropriately endorsed
for contractual liability,with the City named as ndditinnat insured. All policies shall contain.
a waiver of subrogation endorsement. All policies and certificates shall be in firms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not he canceled or altered without thirty.
• (30) days prior written notice to the City. Contractor shall also require and ensure that each of its
• sub-contractors providing services hereunder(if an}_)_procures and maintains,until the completion
of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS
TO THE rNSURANCF, RF.QUIRF,MF,NTS iN THIS SECTION MUST BE APPROVED IN
WRITING WV THE CITY.
3 Sf7
CGI89-156-069ACAIWA4\111)5; i.t.c.:.
:City of Sunny 1slec Beeth 15070 Collins Avenue, Sunny Isles Beach, Florida 33160
. (305) 947-0606 phone(305) 949-3113 Fax
8. TERMINATION AND REMEDIES FOR BREACH.
A. if,through any cause within reasonable control- the Contactor shall fail to f'uliill in
a timely manner or ,otherwise violate any of the covenants, agreements or
stipulations material to this Agreement,the City shall have the right to terminate the
Services then remaining to he performed. Prior to the exercise of its option to
terminate fir cause, the City shall notify the Contractor of.its violation of the
particular terms of the Agreement and grant Contractor'len(10)days written notice
to cure such default. If the default remains uncured after Ten(1 0)days the City may
terminate this Agreement, and the City shall receive a refund from the Contractor in .
an amount equal to the actual cost of a third party to cure such failure.
(i) In the event of tentlination,all finished and unfinished documents,data and other
work product prepared by Contractor shall be delivered to the City and the City
will only be responsible for paying the Contractor for Services satisfactorily
performed prior to the date of termination. Under rib circumstances will the City
be responsible for monthly service charges for the remaining, unexpired portion
of the then existing term.
(ii) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
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• to the City for damages sustained'by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor Icer
• the purposes of set-oil'until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination Jig Convenience ol'City.The City may,Cor its convenience and without
cause terminate the Services then remainiiig to be performed at any time by giving
Ten (10)days written notice,The terms of Paragraph 2SA(i)and A(ii)above shall be
applicable hereunder.
C. 'Termination for insolvency. 'l'he City also reserves the right to terminate the
remaining Services to he perlonned in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
D. Escalation Process. Notwithstanding the City's right to terminate the Services
with or without cause. the City shall also have the alternative option to the dispute
resolution escalation process outlined in Section 3.5 of 1113 No. 16-03-01.
9, GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall •.
' he-governed by,Construed and enforced in accordance with the laws of the State of Florida. Venue
for any legal procccdit Ball—bc in Miami Dal�Ci urrty-1=lorida—ln the event it becomes
necessary For the City to tile a lawsuit to enforce any term or provision under this Agreement and-,
the City is the prevailing party then the City shall he entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
4 SIB
C6189.15 164169 ACADEMY BUS,LLC.
City of Slimly Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160
(305)947-0606 phone(305) 949-3113 Fax
10. - CONFiDENTTAi, iNFORM.ATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor shall leave.the employment of the City fur any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of(his Section could cause in-eparable injury to the City and there is
no adequate remedy at law for such violation,the City shall have the right, in addition to any other
remedies available to it at law or in equity,to enjoin the Contractor from violating such provisions.
11. WAIVER OF RiCHT TOJ URY TRiAL, Each of the parties hereto hereby knowingly,
voluntarily-and intentionally, waive the right which any may have to a,jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in
connection with this agreement or any course of conduct, course of dealing, statements(whether
verbal or written)or actions of either of party. •
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested,(ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confine ation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service),addressed to such party as follows:
If to the City: Christopher,i_ Russo, City Manager With a copy to:
City of Sunny Isles Beach 1-fans Ottinot,City Attorney
18070 Collins Avenue, Fourth Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 1 8070 Collins Avenue, Fourth Floor
• Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel:(305) 792-.1702
If to the Brett T. Brittenum
Contractor: General Manager
Academy Bus 1,1,C
3595 NW 110th Street
Miami, 1'L 33167
Tel: (305)267-1001
E-mail: bbrittenurn@lacademybus.com
13. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three(3) years.
14. NON-DISCRIMINATION. the Contractor agrees to comply-with all local and state
civi] rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
5 SIB
C6189-1516-069 ACADL•MY BUS.U C:.
City of Sunny Isles Bead; 18070 Collins Avenue, Sunny isles Beach,Florida 33160 .
(305)947-0606 phone(305) 949-3'113 Fax
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i
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the .Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 1 1063, and with
Executive Order 11248 as amended by F.xecutive Orders 11375 and 12086. The Contractor will
. not discriminate against any employee or applicant for employment because of race,color, creed,
religion, ancestry, national origin, sex,disability or other handicap: age,marital/familial status,or
status with regard to public assistance. 'The Contractor will take affirmative action to insure that
all employment practices are free from such discrimination. Such employment practices include
but arc not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertisin , layoff', termination, rates of pay or other forms of compensation, and
selection For training, including apprenticeship. The Contractor agrees to post in conspicuous
places,available to employees and applicants for employment, notices to be provided by the City
setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply
with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
Federally assisted program.
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
. the Miami-Dade County Conflict of Interest Ordinance Section-2-11.1, as amended; and by the
City of Sunny isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
• covenants that it presently has no interest and shall riot acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of the Services. The
Contractor further covenants that in the performance of this Agreement,no person having any such
interest shall knowingly be employed by the Contractor.The Contractor guarantees that he/she has
riot offered or given to any member or, delegate to the Congress of the United States, any or part
of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF 'LIABILITY. The Contractor agrees: to
the fullest extent permitted by law,'to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and .employees from and against claims, damages,
losses and expenses (including hut not limited to attorney's lees, arbitration costs, and costs of
• appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
• representatives; officers; directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that i5 attributable to bodily injury; sickness; disease; death; or
injury to impairment,or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts, errors, mistakes or;omissions related to professional services in the
performance of this Agreement including any person for whose acts, errors, mistakes or omissions
!, the (Contractor may be legally liable. The parties agree that One Hundred Dollars (4;100.00)
• represents- specific consideration to the •Contractor For the indemnification set lhrih in this
Agreement.
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f 17. COMPLIANCE W11'll LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
6
(:hiX9-151h-O69 AC:;U)1 MY
I
City ufSiu uv isles Beach " 18070 Collins Avenue, Sunny Isles Reach,Florida 33160
_ (305) 947-0606 phone(305) 949-3113 Fax
�J 1e Laws")and shall obtain and maintain any and all material permits,
Agreement�- ("Applicable t t this een cnt
c � ( PP
licenses, approvals and.consents necessary for the lawf l conduct of the activities contemplated
under this .Agreement.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
prevail and be given superior effect and priority over any conflicting or inconsistent term,
statement, requirement or provision contained in any other document or attachment, including but
not limited to Attachment"A".
19. MISCELLANEOUS.
A. En the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction;the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
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13. This Agreement maybe executed in multiple identical counterparts,each of which
shall he deemed an original for all purposes.
C. • This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments,agreements and understandings relating hereto.
U. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement,
L'. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver i5 in writing and signed by the party granting such waiver.
[remainder of page intentionally left binnkl
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_.__...-- _._.. --------- -- S
189-1516-069 ACAO E Ml'it US,
f
City of Sunny Isles Beac;11 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 . .
(305)947-0606 phone(305)949-3113 Fax
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate
on the day and year first written above,
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WITNESS: ACADEMY BUS,LLC.
rr//fir}
Sir, ii• �• —
ri BY: .. 4!
a ret T. Britten it,ftealeglittliUM
�J 'S �i,' General Manager
Print N: e Academy Bus LLC
Miami, Florida
ATTEST: CITY OF SUN• 'TSL?S BEACH
.
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4111W. 6,. . _A
Y:_ •
•' Jane A. •' es,AMC, City Clerk °Purge H.S holt,Mayor
APPROVED AS TO FORM
AND LE •.. :. .'F IENCY
•
BY:• �t
'- i ' inot,City ttorney
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8
_.. SIf
C6189-1516-069 ACADEMY BUS,LLC.
. � _
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RECEIVE
2ci7 ,y; (7
• O W 9*f
Bid No. 16-03-01
MOTOR COACH TRANSPORTATION SERVICES
RFP Due Date: March 301° 2016-at 2:30 Pm
Proposer's Name: Academy Bus, LLC
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ATTACHMENT "A"
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BID FORM 1
BID COVER
Bid Title: MOTOR COACH TRANSPORTATION SERVICES
The undersigned Bidder proposes and,agrees, if this Bid is accepted,to enter into an agreement with The
City of Sunny isles Beach to perform and furnish ail Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and In accordance with
the other terms and conditions of the Contract Documents.
The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions
to Bidders. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Bidder
agrees to sign and submit the Agreement with other documents required by the Bidding Requirements
within ten days after the date of the City's Notice of Award.
In submitting this Bid, the Bidder represents,as more fully set forth in the Agreement,that:
• The Bidder has familiarized himself/herself with the nature and extent of the
• Contract Documents, Work, site, locality, and all local conditions and taw and
Regulations that In any manner may affect cost, progress, performance, or
furnishing of the Work.
• The Bidder has given the City written notice of all conflicts, errors,discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
F
by City is acceptable to the Bidder,
• This Bid Is genuine and not made in the Interest of or on behalf of any undisclosed
person,firm or corporation and is not submitted in conformity with any agreement .
or rules of any group,association,organization,or corporation;the Bidder has not
directly or indirectly induced or solidted any other Bidder to submit a false or sham
Bid; the Bidder has not solicited or induced any person, firm or corporation to
refrain from Bidding; and Bidder has not sought by collusion to obtain for itself •
any advantage over any other Bidders or over the City,
Exact Legal.Company Name: Academy Bus, LLC
. Business Name(dba),if any: N/AA
1
StreetAddress: 3595'NW 110th Sfreet.Miami FL 33167
Mailing Address or dieecent): •
•
City of Sunny Isles Beach j invitation to Bid No, 16-03-01 1111111111.1
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.3-::,,•.••-••• I. t. • :4 t .: %:7;'r' r• C•(TY OF SUNNY ISLES BEACH -r
' ••• • • • • I H47O4Co!hnsArenue • 'f•'' '' -'
. t t . ••'• '&finny We B li'.FHonda 33144 ..40',--1=4,;,t `_
t:� • =•;3t}S'947.000b•• : ;• = ., ;, °tiz
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BID FORM 3
VENDOR REQUIRED INFORMATION&DOCUMENTS
Section Summarized Requirement initial to indicate completed
Contact Information:
(available 2417)
2.5a Telephone 305-688-7700 ���7,,,�
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Email bbrittenum@academybus.com
Fax 305-681-8134
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2.5b Vehicle Communication System AO'
(Attain to this page, Bid Form 3)
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2.5c Vendor Fleet Listing .i
(Attach to this page,Bid Form 3)
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•2.5d Vendor Hourly Rate /i.
(47-57 Passenger motor coach) /
$ 4.4.95
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City of Sunny Isles Beach I Invitation to Bid No. 16-03-01
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