11-17-98South Miami Community Redevelopment Agency
Meeting Agenda
November 17, 1998
Location: 6130 Sunset Drive, South Miami, FL
Time: 6:30 PM
Call to Order
A. Roll Call b.(weLO / SSe(f / 'PY0tL. o�Rcna -�
C,04 -D cr e C-1-° 2 p uR-R-. S a C CA-
B. Approval of Minutes
C. 1. Resolutions
• Quick Victory Paint -up /Fix -up — Wounded Healers Agreement ?4' 0
• CRA Trolley Contract -= q -0
2. Project Updates:
• Post Office site improvements
• Negotiations with banks regarding multipurpose center funding
D. Administrative Issues Discussion CRA Board Appointments
•. Interlocal Agreement
D. Public Comments
E. Staff Comments
• Recommendations for Next Quick Victory Project
• Matching Transportation Grants (Trolley Operation)
• Letter from Simon Codrington regarding World Printing
F. General Comments from CRA Board
G. Adjournment
!!! CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: SMCRA Board Date: November l3, 1998
Agenda Item#
From: Diana Morris Subject: Commission Meeting
CRA Director November 17, 1998
Agreement with Wounded
Healers
The attached resolution approves execution of an agreement with Wounded Healers, Inc. to
accomplish a CRA Quick Victory Project. This project was approved by the CRA Board on
October 26, 1998.
Funds provided by a contribution from BankAtlantic Foundation will be . utilized for this
project. That amount is"$2,500. We anticipate additional private sector donations of $750
to $1,000. Funds will be disbursed in accordance with the attached agreement.
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1 RESOLUTION NO.
2
3 A RESOLUTION OF THE BOARD OFCOMMISSIONERS OF THE
4 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
5 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
6 QUICK VICTORY SERVICES WITH ST. JOHN AME CHURCH,
7 D.B.A. WOULDED HEALERS, INC.
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9 WHEREAS, The South Miami Community Redevelopment Agency Board
10 desires to contract for the paint- up/fix -up of seven (7) homes in the Community
11 Redevelopment Agency Area for the benefit of the public; and
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13 WHEREAS, St. John AME Church, d /b /a Wounded Healers, Inc. has agreed to .
14 provide the necessary services.
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16 NOW THEREFORE, BE IT RESOLVED BY THE ,BOARD OF
17 COMMISSIONERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
18 .AGENCY:
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20 Section 1. That the Chairperson and CRA Director of the Agency are
21 authorized to execute an agreement, attached as Exhibit "1," with St. John AME
22 Church; d /b /a Wounded Healers, Inc. for the provision of a paint -up /fix -up services
23 project in the Community Redevelopment Agency area.
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Section 2. Funds will be disbursed as described in Exhibit 1, attached hereto,
and will be paid from account # , CRA Quick Victory Escrow.
Section 3. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by a vote of thee Ord of Commissioners this
Day of 11998.
ATTEST:
CRA DIRECTOR
APPROVED AS TO FORM:
GENERAL COUNSEL
CHAIRPERSON
o
RESOLUTION NO.
A RESOLUTION OF THE BOARD OFCOMMISSIONERS OF THE
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
QUICK VICTORY SERVICES WITH ST. JOHN AME CHURCH,
D.B.A. WOULDED HEALERS, INC.
WHEREAS, The South Miami Community Redevelopment Agency Board
desires to contract for the paint -up /fix -up of seven (7) homes in the Community
Redevelopment Agency Area for the benefit of the public; and
WHEREAS, St. John AME Church, d /b /a Wounded Healers, Inc. has agreed to
provide the necessary services.
. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY:
Section 1. That the Chairperson and CRA Director of the Agency are
authorized to execute an agreement, attached as Exhibit °1," with St. John AME
Church, d /b /a Wounded Healers, Inc. for the provision of aL paint- up/fix -up services
project in the Community Redevelopment Agency area.
Section 2. Funds will be.disbursed as described in Exhibit 1, attached hereto,
and will be paid from account # 610- 0000 - 219 -2620, CRA Quick Victory Escrow.
Section 3. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by a vote of the Board of Commissioners this
Day of 91998.
CHAIRPERSON
ATTEST:
CRA DIRECTOR
APPROVED AS TO FORM:
GENERAL COUNSEL
11/13/1998 13:58 89570 NOMIAMICITYATTY PAGE 03
AGREEMENT BETWEEN
THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
AND ST. JOHN AME CHURCH
THIS AGREEMENT is made this day of ,1998, between
the South Miami Community Redevelopment Agency ( SMCRA) and St. John AME Church, d/b /a
Wounded Healers, Inc. (W.H.)
WHEREAS, the SMCRA and W.H. desire to coordinate their efforts in the planning and
operation of a Quick Victory. Paint- Upffix-Up Project to be held as part of the Community'
Redevelopment Plan and desire to enter into this agreement to memorialize their obligations and
responsibilities in regard to this Project.
NOW, THEREFORE, in consideration of the covenants and agreements below, the parties
agree as follows:
1. W.H. will provide labor to accomplish a Quick Victory Paint- Up/Fix-Up project for
the SMCRA. W.H. will paint the exterior of seven (7) homes within the boundary of
the SMCRA area. Labor will include any minor repairs necessary and preparatory
steps necessary to paint these homes as determined by the SMCRA. Fifty (50) gallons
of exterior'latex paint and twenty (20) gallons of enamel will be donated by the
SMCRA to W.H. for the completion of this project.
2. All work will be performed by W.H. under the auspices of a licensed painting
contractor. A copy of the license of the contractor shall be provided to the SMCRA
prior to the institution of any services.
3. All services on the seven (7) homes shall be completed within 90 days of a written.
notice by the SMCRA to W.H. to commence services.
4. The SMCRA. will work with the South Miami Ministerial Alliance and notify each of
the seven (7) churches within the SMCRA area that they may nominate a home of a
member of the congregation who is in need of assistance and whose home is in need
of exterior painting and fix -up. Each' church will be provided a nomination form,
which must be completed and signed along with all necessary release forms by the
11/13/1998 13:58 89570?A NOMIAMICITYAT PAGE 04
nominated recipient of these services. The forms will be returned to the SMCRA
Director at City Hall, 6130 Sunset Drive, South Miami, Florida. The SMCRA Director
will forward the list of the homes selected by the SMCRA to W.H. along with the
written notice to proceed.
5. The SMCRA shall make three payments to W.H. for the services to be provided. The
first payment of 40% ($1,000) will be made within fifteen (15) days of the joint
execution of this agreement. A second payment of 30% ($750) will be made within
thirty (3 0) days after the SMCRA has confirmed and accepted the services for at least
two homes under this project. A final payment of 30% ($750) will be made within 30
days of the SMCRA having confirmed and accepted that all seven (7) homes have been
completed as required by this project. W.H. agrees that the services shall be provided
for the total amount of $2,500. In the event the SMCRA receives any additional citizen
donations for this project, the SMCRA may, in their discretion, make additional
payments in excess of the $2,500.
6. The performance of services under this Agreement may be terminated upon ten (10)
days written notice from the SMCRA. In the event of termination by the SMCRA,
W.H. shall not be entitled to any compensation other than that earned during the period
up to termination. W.H. may terminate this Agreement by giving sixty (60) days
written notice to the SMCRA.
7. W.H., its employees and agents shall be deemed independent contractors and not
agents or employees of SMCRA, and shall not attain any rights or benefits generally
afforded SMCRA employees; further, SMCRA, its employees and agents shall not be
deemed entitled to worker's compensation, insurance benefits or similar benefits.
8. This Agreement shall be governed by and construed in accordance with the Laws of
the State of Florida, and venue for any action shall be in Miami -Dade County, Florida.
9. W.H. may not assign, or transfer this Agreement or any part of this Agreement.
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10. The SMCRA and W.H. shall each designate one person who shall be authorized
representatives with respect to this Agreement. The'representative of the SMCRA
shall be the Executive Director; the representative of W.H. shall be provided at the time
of the joint execution of this agreement.
11. Neither party shall hold the other responsible for damages or for delays in performance
caused by force majeure, acts of God, or other acts or circumstances beyond the control
of a party or that could not have been reasonably foreseen and prevented. For this
purpose, such acts or circumstances shall include, but not be limited to, weather
conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or
other industrial disturbances, or protest demonstrations. Should such acts of
circumstances occur, the parties shall use their best efforts to overcome the difficulties
and to resume the work as soon as reasonably possible.
12. The SMCRA desires to enter into this Agreement only if in so doing, the SMCRA can
place a limit on the SMCRA's liability for any cause of action or claim arising from
this Agreement, so that the liability be limited to a maximum of $2,500. Accordingly,
and notwithstanding any other term or condition of this Agreement, W.H. agrees that
the SMCRA shall not be liable to W.H. for damages in an amount in excess of $2,500,
for any action or claim arising out of this Agreement. Nothing contained in this
paragraph or elsewhere in the Agreement is in any way intended to be a waiver of the
limitation placed upon the SMCRA's liability as set forth in Section 768.28, Florida
Statutes.
13. W.H. shall indemnify and hold harmless the SMCRA, its officers, employees, agents
and Commissioners from any and all liability, losses or damages, including attorney's
fees and costs of defense, which the SMCRA, its officers, employees, agents and
Commissioners may incur as a result of claims, demands, suits, causes of actions or
proceeding of any kind or nature arising out of the negligence of W.H. relating to this
Agreement. W.H. shall pay all claims and losses and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the SMCRA, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue. W.H. expressly understands and agrees that any
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NOMIAMICITYATTY
PAGE 06
insurance protection required by this Agreement or otherwise provided by W.H. shall
in no way limit the responsibility to indemnify, keep and save harmless and defend the
SMCRA. or its officers, employees, agents and Commissioners. Nothing shall be
construed to effect or waive the SMCR.A7s limits of liability provided in Section.
768.28, Florida Statutes.
14. The Agreement constitutes the entire agreement between the SMCRA and W.H. in
regard to the subject matter and supersedes all prior or contemporaneous
communications; representations, or agreements, whether oral or written. It has been
induced by no representations, statements, or agreements, other than those expressed.
No agreement hereafter made between the parties shall be binding on either party
unless reduced to writing and signed by the authorized representative of the parties.
15. If any provision or provisions of this Agreement shall to any extent be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby and the
remaining provisions shall be valid and enforceable to the fullest extent.
IN WITNESS W?MREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives, as follows:
ATTEST:
Executive Director
ATTEST:
SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY
Chairman
ST. JOHN A IE CHURCH d/b /a
WOUNDED HEALERS, INC.
By:
Secretary
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11/13/1998 13:58
895702�g,,
STATE OF FLORIDA }
} ss:
COUNTY OF MIAMI -DARE )
NOMIAMICITYATTV
PAGE 07
I HEREBY CERTIFY that on this day of , 1998, before
me personally appeared I of the SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY, to me well known to be the person who executed
the foregoing instrument and acknowledged before me that it was executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
My Commission Expires:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI DADE )
day of .1998.
Notary Public, State of Florida
I HEREBY CERTIFY that on this day of , 1998, before
me personally appeared , of ST. JOHN AME CHURCH d/b /a
WOUNDED HEALERS, INC., to me well known to.be the person who executed the foregoing
instrument and acknowledged before me that it was executed the same for the purposes therein
expressed.
WITNESS my hand and official seal this day of ,1998.
My Commission Expires:
P
Notary Public, State of Florida
To: SMCRA Board
o� o
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Date: November 13, 1998
Agenda Item #
From: Diana Morris Subject: Commission Meeting
CRA Director November 17, 1998
Agreement — South Florida Trolley Co.
The South Miami Community Redevelopment Agency Board recently approved a project to
implement a Trolley system in the city utilizing the services of South Florida Trolley, Co., Inca
The CRA Director and Consultant negotiated the terms of the contract following project
approval and direction from the Board to utilize the entire $225,000 that was provided for trolley
services to the CRA from Shops at Sunset Place. Disbursement will be paid from account
#610- 1120- 554 -4420, CRA- Rental /Lease Vehicle.
South Florida Trolley Co., Inc. will provide trolley services for the SMCRA at a rate of $45.00 per
hour. The initial agreement will be fora total amount of $225,000 and will cover the period of
December 15, 1998 through June 7, 2000. The trolley will operate 66.5 hours per week. The
trolley route and hours of 6peration will be defined at a later date, but will include stops at the
South Miami Metrorail Station, City Hall /Library, South Miami Hospital, Shops at Sunset Place, a
stop on 73'd Street, and possibly a stop at Sheraton 4 Points Hotel and the Senior Center. The
entire route should be complete every 20 -25 minutes.
Three companies were interviewed regarding services.
American Bus Lines Company declined to submit proposal because they did not
believe it was profitable to operate only one trolley.
Cable Car Concepts Did not submit. proposal and has gone out of business.
South Florida Trolley Co. Submitted the proposal that has been negotiated and
incorporated into the attached contract.
Staff had originally considered 40 to 45 hours per week of service which would have covered
service for a two -year period, but after receiving community input, and after receiving citizen
input, and careful analysis, determined .that reliable service would require a minimum of 66.5
hours per week. This will allow service to begin before the lunch hour, and continue to allow
shoppers and employees to utilize the service to return to their vehicles after shopping or
working in the downtown area. The added stop on 73rd, will allow residents within the CRA area
to utilize the trolley for grocery shopping, and a stop at the Senior Center will provide access to
not only the residents of the Senior Center, but residents of the surrounding area. We believe
that this level of service will initiate the service in such a way that citizens will know they can
count on the service during the hours it is most needed. Promotional materials and route
schedules will be created and distributed. Advertising revenue estimates have not yet been
determined.
J
W
Even though this agency is in its infancy, and is without benefit of TIF funds this year; Mr.
DeLaney and I are pleased to bring this important and highly visible CRA quick victory project to
the City through this cooperative arrangement for funding with Shops at Sunset Place.
I recommend approval.
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RESOLUTION NO.
W
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING THE EXECUTION OF AN .
AGREEMENT FOR TROLLEY SYSTEM SERVICES WITH
THE SOUTH FLORIDA TROLLEY COMPANY, INC., IN AN
AMOUNT NOT TO 'EXCEED $225,000, WITH
DISBURSEMENT TO BE PAID FROM ACCOUNT #610-
1120- 554 - 4420, "CRA, RENTAULEASE VEHICLE."
WHEREAS, The South Miami Community Redevelopment Agency Board
desires to establish a trolley system in the City; and
WHEREAS, South Florida Trolley Co., Inc. has agreed to provide the necessary
services to operate and maintain the desired system for the SMCRA; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE SOUTH MIAMI _COMMUNITY REDEVELOPMENT
AGENCY:
Section 1. That the Chairperson and the Director of the Agency are authorized
to execute an r agreement, attached as Exhibit "1," with South Florida Trolley Co., Inc. for
the provision of a trolley system in the City.
Section 2. The agreement with South Florida Trolley Co., Inc. shall be in an
amount not to exceed $225,000, and shall be paid from account #610- 1120 - 554 -4420.
"CRA, Rental /Lease Vehicle.
PASSED AND ADOPTED by
Day of '1998.
ATTEST:
CRA DIRECTOR
APPROVED AS TO FORM:
GENERAL COUNSEL
C R-r
vote of thWBoard of Commissioners this
CHAIRPERSON
EO
RESOLUTION NO.
k � J
1
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING THE EXECUTION` OF AN
AGREEMENT FOR TROLLEY SYSTEM SERVICES WITH
THE SOUTH FLORIDA TROLLEY COMPANY, INC., IN AN
AMOUNT NOT TO EXCEED $225,000, WITH
DISBURSEMENT TO BE PAID FROM ACCOUNT #610
1120 - 554 -4420, "CRA, RENTAULEASE VEHICLE."
WHEREAS, The South Miami Community Redevelopment Agency Board
desires to establish a trolley system in the City; and
WHEREAS, South Florida Trolley lCo.jnc. has agreed to provide the necessary
services to operate and maintain the desired system for the SMCRA; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY:
Section 1. That the Chairperson and the.Director of the Agency are authorized
to execute an agreement, attached as Exhibit "1," with South Florida Trolley Co., Inc. for
the provision of a trolley system in the City.
Section 2. The agreement with South Florida Trolley Co., Inc. shall be in an
amount not to exceed $225,000, and shall be paid from account #610- 1120 - 554 -4420.
"CRA, Rental /Lease Vehicle.
PASSED AND ADOPTED by vote of the Board of Commissioners this
Day of , 1998.
CHAIRPERSON
ATTEST:
CRA DIRECTOR
APPROVED AS TO FORM:
GENERAL COUNSEL
11/13/1998 10:37 89570,,2. NOM IAMICITYA T" PAGE 03
AGREEMENT
THIS AGREEMENT is entered into between the Community Redevelopment Agency of the
City of South Miami, Florida ( SMCRA), and South Florida Trolley Tours, Lac. (Contractor).
WHEREAS, the SMCRA has requested proposals for the operation of a Downtown Trolley
System (System or Trolley); and
WHEREAS, Contractor has provided the most responsive and responsible proposal; and
WHEREAS, the SMCRA has awarded Contractor the Agreement for the service.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Section 1. Rccitals'Tncornoratcd.
That the representations contained above are true and correct.
Section 2. , SMCRA , e onsibilities.
2.1 The SMCRA shall be responsible for establishing all policy relative to the System,
including routes, schedules, fare structure, advertising or other matters that effect the
service provided.
2.2 The SMCRA shall designate all transit stops and the installation and maintenance of
transit stop signs.
2.3 The SMCRA shall, be responsible for marketing the transit system including the
preparation of flyers announcing schedules and routes.
11/13/1998 10:37
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NOMIAMICITYATTI
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3.1 Contractor shall be responsible for the day to day operation, maintenance and repair
of the System.
3.2 The contractor shall be responsible for providing an Operations Manual which shall
include provisions regarding:
a) Vehicle Operating Procedures;
b) Driver Conduct;
c) Communications Operating Procedures;
d) Safety Procedures;
e) Accident Procedures;
f) Administration and Reporting Procedures.
3.3
Klu
The Contractor shall provide Administrative services including:
a) Project Manager;
b) Office Procedures;
c) Fairing Procedures;
d) Job Description;
e) Downtime Procedures;
f) Communications Procedures;
g) Regularly Scheduled Safety Meetings;
f) Accounting systems including:
(i) Site specific chart of accounts;
(ii) Billing system;
(iii) Departmental Payroll;
(iv) ADP Payroll system.
The Contractor shall provide a communications system which shall include:
a) Trunked 900 MHZ radio system;
b) Vehicle and fully portable hand -held radios;
c) Personnel trained in the use of such equipment.
3.5 The Contractor shall provide and maintain the following records:
a) Driving Schedules;
b) Monthly Management Reports;
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c) Monthly Passenger Counts (per trip);
d) Daily Trip Sheets.
SedQn 4 Contragt Performance Standards.
In providing the services required under this Agreement, the Contractor shall meet the
following performance standards:
4.1 The system must be operational no later than December 15, 1998.
4.2 The trolley shall run for a minimum of sixty-six and one half (66.5) hours per week.
The route will be approximately two and one half (2.5) miles, with six (6) trolley
stops. The round -trip time for the route will be approximately twenty -five (25)
minutes.
4.3 The SMCRA reserves the right to establish and make changes in the route, hours, and
days of the operation of the Trolley; all upon providing I5 -day notice. The hours of
operation will be a minimum of 66.5 hours per week, and the SMCRA shall establish
all holiday schedules as deemed necessary.
4.4 At a minimum, vehicle exteriors' shall be washed twice weekly. Interiors shall be
swept, trash emptied, dusted and spot .mopped at least once. daily; shall be fully
mopped, windows cleaned and driver's area cleaned at least once weekly; and shall
be fully cleaned throughout at least once monthly including drivers' area, dashboards,
window, cciling, walls, seats, and all other interior areas.
4.5 No vehicle shall be dispatched for service without a properly functioning air
conditioning and heating system, as described in the "Vehicle Requirements" section.
4.6 All vehicle(s) must be safe for the provision of service. Any vehicle in service
considered unsafe shall be replaced immediately. Vehicle(s) deemed by the SMCRA,
to be unsatisfactory due to such matters as multiple torn seats, loose or broken seats,
cracked windshields or other blatant causes shall be removed from service after the
day of discovery of the discrepancies, and shall not be returned to service until the
problems have been remedied, as determined by the SMCRA.
4.7 Vehicle(s) shall have SMCRA approved route signs and clearly visible interior
placards noting telephone numbers to register complaints.
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4.8 All vehicle drivers hired by Contractor shall comply with the requirement to wear the
uniform agreed to by Contractor and the SMCRA.
5.1 The primary route will be approximately 2.5 miles. Trolley stops will be determined
by the SMCRA, and may change according to ridership and other considerations as
determined by the SMCRA.
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6.1 Contractor shall designate a Project Manager who will oversee the complete operation
of the system.
6.2 The following qualifications shall apply to all drivers employed to perform services
under the terms of this contract:
a. Minimum age of 19 years.
b. Current valid Florida Chauffeur's license and attainment of valid
Commercial Driver's License when required.
c. No more than three (3) moving violations or accidents (counted individually
or combined) within a three (3) year period.
d. Contractor shall immediately dismiss a driver from performing further work
under the terms of this contract should the driver's license be terminated, if
they have more than one (1) moving violation and/or chargeable accidents,
or if they are subject to one (1) criminal conviction during performazice of
this contract.
e. Negative results on a drug use test administered by a responsible testing
facility.
f. All requirements of the Federal Motor Vehicle Safety Act must be observed.
6.3 Contractor shall ensure that the drivers fulfill the following responsibilities:
a. Drivers shall operate the vehicle in a safe and timely manner.
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b. Drivers shall be courteous to all passengers and the general public at all times and
will respond to passenger questions regarding use of the Trolley.
c. Drivers shall distribute or collect handouts, surveys, etc., at the SMCRA's
request.
d. Uniforms shall be clean and presentable and worn at all times when on duty.
e. Gratuities shall 11 QM be accepted.
E Drivers shall have a thorough knowledge of transit system schedules, feeder bus
. routes and schedules, and major South Miami buildings and activities.
g. Drivers shall assist handicapped passengers with entering and exiting vehicles.
h. No one shall be permitted to smoke, eat, drink. or play a radio (other than
necessary driver /dispatcher radios) while on the vehicle(s).
S ct� ion T Vehicle Requirements.
7.1 Contractor shall acquire and provide the vehicle(s) to operate the System. An
additional vehicle shall be available as a backup in the event of mechanical
breakdown. The maximum response time from the time of a vehicle breakdown until
a replacement vehicle arrives shall be two (2) hours. The replacement vehicle shall
meet all vehicle requirements in this Agreement.
7.2 Each vehicle shall have a minimum of twenty -two (22) seats, appropriately arranged
and designed to provide safe and comfortable seating for passengers, and will be
equipped with a wheel chair lift.
7.3 , Vehicle(s) shall be identified with signage or logos as the "SMCRA Trolley" or other
identification as specified by the SMCRA. Sighs shall be conspicuously displayed on
the front, sides and rear of the vehicle(s).
7.4 The vehicles) shall have a historical trolley appearance. The vehicle(s) shall be
completely enclosed, with shades or blinds to protect passengers from direct sunlight.
The vehicle(s) shall be similar in appearance and use the same color scheme as
specified by the SMCRA.
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7.5 The vehicle(s) shall have air conditioning and heating systems that are fully operative
every day the vehicle is in service. The air conditioning system shall be of sufficient
size and capacity to provide a cooling effect throughout the vehicle, with cold air
blowing in all sections of the vehicle.
7.6 Spaces shall be available in the interior of the vehicle for displaying transit system
routes, schedules and promotional announcements, as determined by the SMCRA.
7.7 The front, sides and rear of the vehicles shall be equipped for exterior advertising.
The SMCRA reserves the right to sell advertising in and on the vehicles and retain all
revenues from such sales or use.
7.8 Vehicles used by the Contractor shall be available for inspection by the SMCRA prior
to being placed in service and at any time thereafter at SMCRA's discretion.
7.9 Contractor shall comply with all applicable laws and regulations relative to handicap
accessibility, and will comply with all requirements of the Americans with Disabilities
Act.
8.1 Vehicles) shall be in excellent working condition, both operationally and in
appearance. All vehicle(s) and required equipment shall be kept in good repair and
condition satisfactory to the SMCRA.
8.2 Contractor shall initiate and maintain an effective safety and mechanical inspection
program. The SMCRA reserves the right, in its sole discretion, to inspect and reject
temporarily or permanently any vehicle Contractor proposes to use or subsequently
utilizes which the SMCRA deems unacceptable for reasons of safety or disrepair.
8.3 All vehicle(s) required to be utilized for this contract shall be safe for operation on
public streets and highways and meet all requirements of the Florida Department of
Transportation. All parts of the vehicle and equipment mounted on or in the vehicle
shall conform, at a minimum, to all applicable federal motor vehicle safety standards.
8.4 At all times, Contractor shall cause all components of each vehicle, including its body,
frame, fiunishings, mechanical, electrical, hydraulic, or other operating systems to be
maintained according to manufacturers recommendations and shall be in proper
working condition, free from damage and malfunction. Contractor shall cause any
vehicle damaged in any accident or otherwise to be replaced or repaired immediately.
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Contractor, at its sole cost and expense, shall provide fuel, lubricants, repairs, parts
and supplies required for the maintenance and operation of all vehicles) utilized in
providing service.
8.5 Contractor is responsible for maintaining the vehicle's appearance. Vehicle(s) must
be kept clean in accordance with the Contract Performance Standards section.
9.1 Contractor shall maintain all project records as requested by the SMCRA. Contractor
shall permit authorized representatives of the SMCRA to examine all data and records
related to the project or according to the scheduled reporting periods. All project
records prepared by the Contractor shall be owned by the SMCRA and be made
available to the SMCRA at no additional charge.
9.2 Additional documentation of the project will be provided through passenger surveys.
It is the responsibility of Contractor to insure the cooperation of all personnel with any
operational procedures pertaining to survey work including the distribution and
collection of survey questionnaires, etc.
9.3 Contractor shall record on a daily basis and report weekly to the SMCRA all
disruptions in service; late service; vehicle breakdowns; accidents; vehicle(s) out of
commission and any outer incident affecting service.
9.4 Contractor's project manager shall also document passenger complaints and describe
any actions to resolve such complaints on a weekly basis.
9.5 On a monthly basis, Contractor's project manager shall provide reports on ridership
by route by trip to the SMCRA.
9.6 A complete and separate set of books, accounts and/or records shall be maintained by
Contractor, which records shall show details of transactions pertaining to the
management, maintenance and operation of only this systern under the terms of this
agreement. System transactions shall not be co- mingled with Contractor's other
operations, if any. Contractor's records shall be kept with sufficient detail to
constitute an audit trail to verify that any and all costs charged to the system created
by this agreement are in fact due to operation pursuant to this contract, and not due to
other operations.by Contractor.
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11/13/1998 10:37 8957029 NOMIAMICITYA 7-11 PAGE 10
Section 10. Pre - Service Requirements.
The following items shall be delivered to the SMCRA by Contractor at least seven (7) days
prior to the start of service and are subject to approval by the SMCRA:
10.1 An operations manual for the System which documents all operation procedures and
policies, including but not limited to the following:
a. 'Vehicle operating procedures;
b. Communications operating procedures;
c. Driver conduct;
d. Safety procedures;
e. Accident procedures;
f. Administration and reporting procedures;
g. Other operating procedures and policies as required for proper operation of
the system.
10.2 Job description for drivers and administrative personnel.
10.3 Maintenance procedures for all vehicle(s).
10.4 Final transit system schedules.
10.5 Training procedures for vehicle drivers.
10.6 Review and comment on schedules, routes and other issues relating to initial operation
of the transit system in a safe, reliable and efficient manner.
11.1 Contractor shall indemnify, defend and save harmless the South Miami Community
Redevelopment Agency, the City, and their agents, employees, officers, and
Commissioners, from or on account of any injuries or damages, received or sustained
by any person or property during or on account of any operations connected with or
arising out of this Agreement. Contractor further agrees to indemnify, defend and
save harmless the South Miami Community Redevelopment Agency, the City of
South Miami, and their agents, employees, or officers and Commissioners, against any
claims or liability arising from or based upon the violation of any Federal, State,
County or City laws, bylaws, ordinances or regulations.
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11/13/1998 10:37 89570 NOMIAMICITVATr" PAGE 11
Section 11 Insurance Requirements.
12.1 Contractor shall be required to provide proper insurance as approved by the SMCRA.
12.2 In addition to any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force the insurance coverages set forth below:
a. Worker's Compensation Insurance for all employees in compliance with the
"Workers' Compensation Law" of the State o£Florida and all applicable Fcdcral
laws. In addition, the policy(s) must include:
1) Employees' Liability with a limit of One Million Dollars ($1,000,000) for
each accident.
2) Notice of Cancellation and/or Restriction— The policy(s) must be endorsed
to provide the SMCRA as an additional insured and with 30 days notice of
cancellation and/or restriction.
b. Comprehensive General Liability with minimum limits of Two Million Dollars
($2,000,000) per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability and must include:
1) Premises and/or operations.
2) Independent contractors.
3) Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
4) Personal Injury Coverage with Employee and Contractual' Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
5) The SMCRA. and the City of South Miami arc to be included as an
"Additional Insured."
6) Notice of Cancellation and/or Restriction —The policy(s) must be endorsed
to provide the SMCRA with 30 days notice of cancellation and/or
restriction.
9
11/13/1998 10:37 89570,q, NOMIAMICITYAT " PAGE 12
c. Business Automobile Liability for all vehicles supplied pursuant to this contract
with minimum limits of Two Million Dollars ($2,000,000) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must include:
1) Owned vehicles.
2) Hired and non -hired vehicles.
3) Notice of Cancellation and/or Restriction— The policy(s) must be endorsed
to provide the SMCRA as an additional insured and with 30 days notice of
cancellation and/or restriction.
12.3 Contractor shall provide to the SMCRA Certificates of Insurance in evidencing the
insurance coverage specified above. The required Certificates of Insurance shall not
only name the types of policies provided, but also shall refer specifically to this
Agreement and section and paragraphs in accordance with which insurance is being
furnished, and shall state that such insurance is as required by such paragraphs of this-
Agreement. If the initial insurance expires prior to. the completion of the work,
renewal Certificates of Insurance shall be furnished 30 days prior to the date of their
expiration.
In connection with the execution of this Agreement, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color, scx or
national origin.
14.1 The Agreement shall be in effect for seventeen (17) months and three (3) weeks from
the effective date. The Agreement may be extended on a month to month basis, or for
any number of months at the sole option of the SMCRA, upon terms to be agreed to
by the parties.
14.2 The Agreement and continued performance of all phases of the Agreement is
conditioned on the SMCRA and City of South Miami appropriations.
Section 15. Termination of A,, greement,,
15.1 Upon determination by the SMCRA that Contractor has not complied with the terms
10
11/13/1998 10:37 89570?q NOMIAMICITYATT" PAGE 13
of the Agreement, the SMCRA reserves the. right to notify the contractor of such
noncompliance and. immediately terminate the Agreement. Reasons for such
termination may include, but shall not be limited to, the failure to provide service
within agreed performance standards.
15.2 In addition to the SMCRA being able to terminate the Agreement as set out in Section
14.1 above, the SMCRA may terminate the Agreement at any time for convenience
and without cause, upon fifteen (15) days written notice.
In return for services specified herein, the SMCRA shall pay Contractor on a monthly basis
as invoiced by Contractor. Invoices shall be delivered to the Office and'shall be payable
within fifteen (15) days of receipt.
During the SMCRA fiscal year 1998 -1999, the rate of payment shall be $451hour for the
vehicle(s). During the remaining months of the initial term of this agreement, the rate shall
be S45/hour during SMCRA fiscal year 1999 -2000.
The SMCRA shall have exclusive rights to all revenue from the sale of advertising on the
inside and outside of the trolley(s) and on any promotional materials, and may contract with
Trolley Tours, Inc. to provide advertising sales and service for the SMCRA.
Section 184 Term•
This Agreement shall begin on December 15,1998 and terminate June 7, 2000. This period
shall be deemed the Initial Term. The agreement may be renewed month to month or for any
number of months at the sole option of the SMCRA, as provided above.
All notices provided for shall be mailed, certi£ed, return receipt to the following parties:
To the City: SMCRA
City of South Miami
6130 Sunset Drive
South Miami, TL 33143
Attention: Executive Director
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11/13/1998 10:37 895709,..9 NOMIAMICITYATT� PAGE la
To the Contractor: Trolley Tours, Inc.
832 South Military Trail
Deerfield Beach, FL 33442
Section 20. Limitation of Liability
SMCRA desires to enter into this Agreement only if in so doing SMCRA can place a limit
on its liability for any cause of action for money damages due to an alleged breach by
SMCRA of this Agreement, so that its liability for any such breach never exceeds the sum
of $225,000. Trolley Tours, Inc. expresses its willingness to enter into this Agreement with
its recovery from SMCRA for any damage action for breach of contract or for any action or
claim arising from this Agreement to be limited to a maximum amount of $225,000 less the
amount of all funds actually paid by SMCRA to Trolley Tours, Inc. pursuant to this
Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Trolley
Tours, Inc. agrees that SMCRA shall not be liable to Trolley Tours, Inc. for damages in an
amount in excess of $225,000 which amount shall be reduced by the amount actually paid.
by SMCRA to Trolley Tours, Inc. pursuant to this Agreement, for any action or claim for
breach of contract or for any action or claim arising out of this Agreement. Nothing
contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon SMCRA's liability as set forth in Section 768.28,
Florida Statutes.
The drafting of this Agreement has been a joint undertaking of the parties and no provision
hereof shall be construed, solely as a matter of judicial interpretation, more strictly against
one party than against the other.
No amendment, modification, or alteration of this Agreement shall be valid unless contained
in a written agreement executed by all parties.
Section 23. Effective Date.
The effective date of this Agreement shall be the date upon which the last party hereto has
affixed its signature.
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11/13/1998 10:37 89570?9 NOMIAMICITYATN' PAGE 15
Section 24. Laws and Venue
The laws of the State of Florida shall apply to this Agreement and any action shall be
brought in the courts of Miami -Dade County, Florida.
SOUTH FLORIDA TROLLEY TOURS, INC.
By:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
COMMUNTY REDEVELOPMENT AGENCY
OF THE CITY OF SOUTH MIAMI
By:
I HEREBY CERTIFY that on this day of 1998, before me
personally appeared , of the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH MIAMI, to me well known to be the person who executed the
foregoing instrument and acknowledged before me that he executed the same for the purposes therein
expressed.
WITNESS my hand and official seal this
z'.
My Commission Expires:
STATE OF FLORIDA )
) ss:
COUNTY OF MIANII -DADS )
day of ,1.998.
Notary Public, State of Florida
I HEREBY CERTIFY that on this day of 1998, before
nie personally appeared , of SOUTH FLORIDA TROLLEY
TOURS, INC., to me well known to be the person who executed the foregoing instrument and
acknowledged before me that he executed the same for the purposes therein expressed.
WITNESS my hand and official seal this day of .1998.
My Commission Expires:
Notary Public, State of Florida
13
N
WORLD
N
Ms. Diana Morris
Director
South Miami Community Redevelopment Agency
6130 Sunset Drive
South Miami, FL 33143
November 11, 1998
Dear Ms. Morris:
N G
World Printing is a full service, full color, design & printing company, located in the heart of the .
redevelopment district. World has been operating in South Florida for the past 20 years. We are excited
and pleased at the possibilities for improvements in the district. We are also eager to participate in the
revitalization effort in any way that we can. Recently, we had the pleasure of co-sponsoring the South
Miami EV Workshop, along with Commissioner David Bethel . We hope to contribute more in the future.
World is presently engaged in an effort to increase its capacity, by expanding our bindery processes and
adding other key pieces of equipment and accessories to the plant. If successful we would like to work
with the WAGES program to train and hire workers from the immediate community. In the spirit of good
corporate citizenship and proactivism, we would like to coordinate our efforts along with the CRA so that
we may maximize its benefit to the South Miami Community.
We respectfully request some consultation with your technical staff and experts in this matter. We look
forward to working with you in the near future.
S
o Cmn p.
ton
Corporate Development
cc: CRA Board
Wayne HoSang
Zona HoSang
WORLD PRINTING, INC. • 5858 SW 68 STREET, SOUTH MIAMI, FLORIDA 33143
T. 305.661 -2224 • F. 305.661.2214