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HomeMy WebLinkAboutReso 2010-1508 .... RESOLUTION NO. 2010- 150 g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE TOWN OF SURFSIDE, FOR TRANSPORTATION SERVICES TO MOUNT SINAI MEDICAL CENTER, A TT ACHED HERETO AS EXHIBIT "A"j AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTj AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENTj PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of providing transportation services to certain authorized individuals from specified locations within the City and Town of Surfside boundaries to Mount Sinai Medical Center North Campus located at 4700 Meridian Avenue, Miami Beach, and Mount Sinai Medical Center South Campus located at 4300 Alton Road, Miami Beach; and WHEREAS, the City shall provide transportation services in accordance with the terms of the agreement, and provide buses capable of accommodating 16 or more passengers; and WHEREAS, the Town of Surfside agrees to pay the City a flat rate of Twenty Dollars ($20.00) per one-way trip per passenger, and Forty Dollars ($40.00) per one-round trip per passenger, with the exception of aids to handicap persons who shall ride for free; and WHEREAS, the City wishes to enter into an agreement with the Town of Surfside for transportation services for qualified residents within the boundaries of the City and the Town of Surfside to Mount Sinai Medical Center for a one-year term with an option of the City to renew for additional one-year terms, as set forth in Exhibit "A", attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The Agreement with the Town of Surfs ide for transportation services for qualified residents to Mount Sinai Medical Center, in a flat rate of Twenty Dollars ($20.00) per one-way trip per passenger, and Forty Dollars ($40.00) per one-round trip per passenger, for one year with an option of the City to renew for additional one-year terms, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authority of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4 Effective Date. This Resolution will become effective upon adoption. R201O- Surfside Transporalion Agmt To Ml Sinai Page I of2 '1 ...: PASSED AND ADOPTED this 21st day of January 2010. ATTEST: ~A-~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND G L SUFFICIENCY: Seconded by: Vt c.. if'f\~o{ \~l\L~ ~'tfY"\ \ S~ \ ~y.JT:..R- Sc.. \Tt'\ 1- L Moved by: Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ---1L(Y es) ---.0Y es) V(Y es) V(Y es) ~(Y es) _(No) _(No) _(No) _(No) _(No) R201O- Surfside Transporation Agmt To Ml Sinai Page 2 of2 OF SUt'<I CITY OF SUNNY ISLES BEACH AGREEMENT WITH THE TOWN OF SURFSIDE CONTRACT NO: C0910-022 THIS AGREEMENT (the "Agreement"), is entered into as of , 2010 (the "Effective Date"), by and between CITY of Sunny Isles Beach ("CITY"), a municipal corporation located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 and Town of Surfside (hereinafter referred to as "TOWN") a municipal corporation located at 9293 Harding Avenue, Surfside, Florida 33154. WITNESSETH: WHEREAS, the CITY, a government municipality, desires to provide transportation services to certain authorized individuals, from specified locations within the CITY and TOWN boundaries to Mount Sinai Medical Center North Campus, (formerly known as "Miami Heart Institute"), located at 4700 Meridian Avenue, Miami Beach, Florida 33140 and Mount Sinai Medical Center South Campus, located at 4300 Alton Road, Miami Beach, Florida 33140, ("Transportation Services"). NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the CITY and TOWN (collectively referred to as "PARTIES") agree as follows: 1. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 4 hereunder, the term of this Agreement shall begin upon execution of this Agreement and shall end one (1) year thereafter. The Agreement may be renewed at the option of the CITY for additional one (1) year terms, provided the CITY has not notified TOWN prior to the optional renewal period that it does not wish to renew the Agreement. 2. THE SERVICES. 2.01 Designated Vehicles; Transportation Services. CITY shall provide Transportation Services in accordance with the terms of this Agreement. CITY shall provide buses capable of accommodating 16 or more passengers. 2 .02 Hours of Service and Pick up/Return Times. CITY shall provide the Transportation Services every Wednesday and Friday with the exception of government observed holidays or severe weather conditions that would require the suspension of all transit services. Pick up times for residents of the CITY shall occur at approximately 7:30 a.m. and 10:30 a.m. Pick up times for residents of the TOWN shall occur at approximately 8:00 a.m. and 11 :00 a.m. Return pick up times for departures from Mount Sinai Medical Center North Campus shall occur at approximately 12:00 noon and 3:00 p.m. If at any time during the Term of this Agreement, the CITY determines that the hours and/or days of service are not satisfactory to the CITY, the PARTIES agree to renegotiate the hours and/or days of service and any related issues, including but not limited to Compensation. If after ten (10) days, the PARTIES are unable to agree on mutually beneficial terms, then either party may terminate the Agreement. '" :~ l" ~ - 2.03 Reservations and Pick Up Locations. Residents of the CITY who desire to use the Transportation Services shall be required to confirm their attendance in advance by contacting the CITY's Cultural and Human Services Department at (305) 792-1706. Residents of the TOWN who desire to use the Transportation Services shall be required to contact the TOWN. Reservations for both CITY and TOWN residents must be made no later than 12:00 noon at least one (1) business day prior to the scheduled date of service. Residents of the CITY and/or the TOWN making reservations must provide their name, address, contact phone number, and time/location of scheduled pick up and return. The pick up locations will be made prior to each pick up date based on mutual agreement between the CITY and TOWN and may vary depending on the location of the passengers. 2 .04 Trip Logs. CITY shall require each driver to prepare and maintain a trip log for each trip and shall make such logs readily available for the TOWN's inspection. The trip logs shall identify the date and time for each departure and arrival trip, the driver's name, the name of the final destination for each trip, the total number of CITY and TOWN authorized passengers per trip and each passenger's name. 2 .05 Holidays. CITY shall not be required to provide Transportation Services on the following holidays: New Year's Day, Dr. Martin Luther King Day, President's Day, Easter Day, Veteran's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. CITY shall post a sign to be easily viewed by the passengers in a conspicuous place regarding the Holiday Schedule at least five (5) days prior to the scheduled holiday. 2 .06 Communication System. In connection with providing the Transportation Services, CITY shall install and maintain, at its sole cost and expense, a functioning two-way communication system, on the Designated Vehicle(s). CITY shall ensure that all drivers assigned to provide Transportation Services to the CITY are adequately trained to use the communication system installed in the designated vehicles. 2.07 Maintenance of Designated Vehicles. CITY shall ensure that the Designated Vehicles are clean, safe, and maintained in good working condition. CITY shall conduct regular preventative maintenance on the Designated Vehicles in accordance with industry standards and consistent with manufacturers' recommendations and applicable operating manuals. The TOWN shall not be responsible for any costs associated with the maintenance, operation and use of the Designated Vehicles, including but not limited to, fuel, maintenance, and repairs. 2.08 Compliance with Laws and Regulations. CITY agrees that the Designated Vehicles shall be used and operated in compliance with all applicable state and federal statutes, laws, ordinance, regulations, and standards or directives issued by any governmental agency applicable to the use or operation thereof. CITY is solely responsible for obtaining all approvals, authorizations, licenses, permits, franchises, registrations and operating authority necessary to operate the Designated Vehicles and any substitute or replacement vehicles during the Term of this Agreement. 2 C0910-022 AGREEMRNT mt _A 2.09 Drivers of Designated Vehicles. (a) CITY shall provide professional and skilled drivers to operate the Designated Vehicles. All drivers shall have and maintain in good standing all approvals, authorizations, licenses, permits, franchises, registrations and operating authority required by local, state, and federal law to operate the Designated Vehicles. Copies of all such approvals, authorizations, licenses, permits, etc. shall be maintained by CITY. Such drivers shall also have received training regarding passenger and vehicle safety, passenger sensitivity and customer relations, and shall be competent in the use of the two-way radio installed in the designated vehicles. (b) CITY shall regularly verify that all drivers providing Transportation Services to authorized passengers of the CITY have clean driving records. For the purposes of this Agreement, a clean driving record shall not include the following: three (3) chargeable accidents or moving violations within a three (3) year period; two (2) chargeable accidents or moving violations within a twelve (12) month period; license revocation or suspension within the previous five (5) years; conviction for driving under the influence of alcohol, or reckless driving in the previous five (5) years; or conviction of any substance abuse crime, sexual crime or crime of violence. (c) CITY shall conduct random drug testing and ensure that all drivers and other safety-sensitive employees comply with a drug testing program meeting all applicable state and/or federal requirements. (d) In the event that during the Term of this Agreement a driver of a Designated Vehicle no longer complies with the requirements of Sections 2.09(a), 2.09(b), 2.09( c) or Section 6, CITY shall immediately remove that driver and prohibit the driver from performing Transportation Services for the CITY, and shall immediately replace that driver consistent with the terms and conditions required by this Agreement. (e) CITY shall have the authority to deny Transportation Services to any passenger who (1) is unruly, boisterous, or intoxicated; (2) creates problems of a confrontational nature; or (3) otherwise fails to comply with the applicable rules and regulations governing the Designated Vehicles. In addition, the CITY shall also have the authority to deny Transportation Services to any passenger who consistently fails to keep their reservations or is consistently late for the designated pickup/arrival times, thereby causing the CITY to incur additional costs and expenses. Prior to the passenger(s) being denied Transportation Services, the CITY shall issue a written warning to the passenger(s) notifying them that continued violations after the stated warning period shall result in denial of Transportation Services. 3 \,..J. i ! - 3. COMPENSATION. Payment to CITY for all charges and tasks under this Agreement shall be in accordance with this Agreement, which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule and Billing. The TOWN agrees to pay the CITY a flat rate of $20.00 (twenty dollars) per 1 (one) way trip per passenger, and $40.00 per 1 (one) round trip per passenger, with the exception of aids to handicap persons who shall ride for free. Invoices received from the CITY pursuant to this Agreement will be reviewed by the initiating TOWN Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the TOWN's Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. Invoices must be submitted to the TOWN on a monthly basis. Billing will occur monthly for the previous month's service. A detailed report of Transportation Services, including the name and date of each passenger will be submitted by the CITY as supporting documentation for CITY's monthly billing to the TOWN. CITY shall make no charges to the TOWN for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by CITY with the prior written approval of the TOWN. If the TOWN disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved. CITY shall not pledge the TOWN's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 4. TERMINATION. 4.01 Notwithstanding anything contained in this Agreement to the contrary, this Agreement may be terminated by either party, without cause, at any time, provided that written notice of the intent to terminate is given to the other party at least sixty (60) days prior to termination. 4.02 Either party may cancel and terminate this Agreement if the other party breaches the terms of this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice of such breach from the non-breaching party. 4 rIlQlll_Il"" Ate))........U""""'" 5. INSURANCE AND INDEMNIFICATION. CITY hereby covenants and agrees to indemnify and hold harmless the TOWN and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the TOWN or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY of its employees, agents, servants, partners, principals or subcontractors. CITY agrees to pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the TOWN, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000.00 (one hundred thousand dollars), or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the CITY arising out of the same incident or occurrence, exceed the sum of $200,000.00 (two hundred thousand dollars) from any and all personal injury or property damage claims, liability, losses or causes of action which may arise as a result of the negligence of the CITY. Prior to execution of this Agreement by the TOWN, and commencement of Transportation Services, the CITY must provide to the TOWN proof of the CITY's self-insurance pursuant to Chapter 440 and Section 768.28, Florida Statutes, for the following: 1. Worker's Compensation; 2. Comprehensive General Liability; and 3. Automobile Insurance. All such insurance required hereunder shall remain in effect during the term of this Agreement. 6. REPRESENTATIONS. WARRANTIES. AND COVENANTS OF CITY 6.01 CITY hereby represents, warrants and covenants during the Term of this Agreement as follows: (a) CITY's execution, delivery, and performance of this Agreement has been duly authorized by all requisite municipal corporate action. This Agreement has been duly executed and delivered by it and constitutes a valid and binding obligation enforceable against it in accordance with its terms. (b) CITY and each driver providing Transportation Services pursuant to this Agreement possess, and at all times during the Term of this Agreement shall maintain in effect, all approvals, authorizations, licenses, permits, franchises, registrations, and operating authority required by state and federal law to perform the Transportation Services contemplated hereunder. 5 rOQ10_0" AlCV1?1?M1?NT (c) CITY and each driver providing Transportation Services hereunder are fully competent and able to perform their respective obligations under this Agreement. (d) CITY warrants and represents that all vehicles used for transporting Employees shall be clean, safe and maintained in good working condition, and that all Designated Vehicles are properly licensed and insured. (e) CITY warrants and represents that it is in full compliance with all applicable laws and regulations on the date of execution and throughout the Term of this Agreement. (f) CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 7. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TOWN 7.01 TOWN hereby represents, warrants and covenants during the Term of this Agreement as follows: (a) TOWN's execution, delivery and performance of this Agreement has been duly authorized by all requisite municipal corporate action. This Agreement has been duly executed and delivered by it and constitutes a valid and binding obligation enforceable against it in accordance with its terms. 8. MISCELLANEOUS. 8.01 Entire Agreement; Waiver. This Agreement contains the entire understanding of the PARTIES and merges and supersedes any prior or contemporaneous agreements between the PARTIES relating to this Agreement's subject matter. This Agreement may not be modified or terminated orally, and no modification, termination or attempted waiver of any of the provisions shall be binding unless in writing and signed by the party against whom it is sought to be enforced. Failure of a party to enforce one or more of the provisions of this Agreement or to require at any time performance of any of the obligations under this Agreement shall not be construed to be a waiver of any provision by a party nor in any way affect the validity of this Agreement, a party's right to enforce any provision of this Agreement, or preclude a party from taking any other action at any time which it would legally be entitled to take. 8.02 Construction. This Agreement shall be interpreted without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted, including any presumption of superior knowledge or responsibility based upon a party's business or profession or any other professional training, experience, education or degrees of any member, agent, officer, or employee of any party. 6 rOQ1ILO..,.., A rD t;" (;",f" Ii" 1\.TT 8.03 Severability. The invalidity or unenforceability of anyone or more of the words, phrases, sentences, clauses, or sections contained in this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement or any part of any provision, all of which are inserted conditionally on their being valid in law, and in the event that anyone or more words, phrases, sentences, clauses or sections contained in this Agreement shall be declared invalid or unenforceable, this Agreement shall be construed as if such invalid or unenforceable word or words, phrase, or section or sections had not been inserted or shall be enforced as nearly as possible according to their original terms and intent to eliminate any invalidity or unenforceability. 8.04 No Third Party Beneficiaries. All obligations of the PARTIES under this Agreement are imposed solely and exclusively for the benefit of the party of this Agreement, and no other person will have standing to enforce, be entitled to or be deemed to be the beneficiary of any of these obligations. 8.05 Litigation; Prevailing Party. In the event of any arbitration or litigation, including all pre-trial, trial and appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, including reasonable fees, costs, and expenses, subject to the limitations of Section 768.28, Florida Statutes. 8.06 Assignment. This Agreement shall be binding upon and inure to the benefit of the PARTIES and their respective successors and assigns, but this Agreement may not be assigned by either party without the prior written consent ofthe other party. 8.07 Survival. Neither expiration nor termination of this Agreement shall terminate those obligations and rights of the PARTIES pursuant to this Agreement, which by their terms are intended to survive, and such provisions shall survive the expiration or termination of this Agreement. 8.08 Governing Law; Venue. This Agreement is made and delivered in, and shall be governed by and construed in accordance with the applicable laws of, the State of Florida without regard to conflict of law principles. Venue. for the resolution of any disputes between the PARTIES shall be in Miami-Dade County, Florida. 8.09 Notices. Any notice required or permitted to be given by either party under this Agreement shall be sufficient if in writing and if sent by registered or certified mail, by overnight express, or by hand delivery to TOWN or the CITY at the addresses set forth as follows or to any other address of which notice of the change is given to the PARTIES hereto. A notice shall be deemed received, regardless of any refusal of delivery, upon hand delivery, two (2) business days after posting in United States Mail, or one (1) business day after dispatch by overnight courier: 7 rOQ1ILIl".., A~D~"""!fli''l\JT ....... To: Town of Surfside 9293 Harding Avenue Surfside, Florida 33154 Attn: Gary L. Word, Town Manager To: City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Attn: Rick Conner, City Manager With a copy to: City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Attn: Hans Ottinot, City Attorney 8.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute a single agreement. 8.11 Independent Status. Neither party, including their respective officers, employees, agents and instrumentalities, shall be considered nor shall they represent themselves as an agent, officer, servant or employee of the other party in the performance of their activities under this Agreement. (The remainder of this page has been intentionally left blank.) 8 r-nn..n 1\"'''' ... I""'T'lr"T:"lIlMY':"lIIt.T"T' IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. ATTEST: TOWN OF SURFSIDE By: By: Charles W. Burkett, Mayor Debra E. Eastman, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Lynn M. Dannheisser, Town Attorney ATTEST: CITY OF SUNNY ISLES BEACH BY:~ A.~~ Jane A. Hines, CMC, CITY Clerk 9 I""'nOll\ 0.,., Ar"DVPllr'lT.''lIlo.r....... ... Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMQRAl~])U_M TO: The Honorable Mayor and City Commission FROM: Susan Simpson, Cultural and Human Services Director DATE: 1/21/2010 RE: Transportation Agreement with the Town of Surfside RECOMMENDATION: It is recommended that the City Commission consider the attached resolution to enter into an agreement with the Town of Surfside to provide transportation services to Mt. Sinai Medical Center in Miami Beach to Town of Surfside residents. REASONS: The City of Sunny Isles Beach currently offers free transportation to Mt. Sinai Medical Center in Miami Beach for it's residents. The Town of Surfside desires to do the same. The existing route provided by the City of Sunny Isles Beach travels through the Town of Surfside and is capable of providing the same service to Town of Surfside residents. The attached agreement will not create additional expense for Sunny Isles Beach. Rather it will create a revenue source as each Town of Surfside trip will be charged to the Town of Surfside at Twenty Dollars each way. Reservations will be required and the Cultural and Human Services Department will manage those reservations in coordination with the Transportation Supervisor. Invoicing and Accounts Receivable will be managed through the Finance Department. ADDITIONAL INFORMATION: Sunny Isles Beach residents are offered this special transportation service every Monday, Wednesday and Friday, excluding holidays. Initially, Surfside residents will be offered these trips on Wednesday and Friday only. With anticipated interest, Mondays may be added at a future date without further Commission action. FUNDING SOURCE: Funding not needed. A TT ACHMENTS: . Resolutions http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=179&MeetingID=0&MeetingDate...l/14/20 1 0 -~ City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk January 26, 2010 Gary Word, Town Manager Town of Surfside 9293 Harding A venue Surfside, FL 33154 Re: Agreement with the Town of Surfside for Transportation Services Dear Mr. Word: At its regular meeting of January 21, 2010, the City Commission adopted Resolution No. 2010-1508, which approved an Agreement between the City of Sunny Isles Beach and the Town of Surfside, to provide transportation services to Mount Sinai Medical Center. Enclosed are two (2) original agreements for signature and witnessing by you. Upon completion, please return one of the fully executed originals to my attention for our records. Enclosures cc: Rick Conner, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) i\gmt with Surfside for Transport Svcs. for Sig Ltr