94-21330 Reso
RESOLUTION NO.
94-21330
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND MAYFLOWER
CONTRACT SERVICES, INC., FOR THE OPERATION OF THE LINCOLN
ROAD TRAM.
WHEREAS, in January of 1993, the City discontinued its contract with a private
operator which had provided tram service on Lincoln Road, due to inadequate and
unacceptable service; and
WHEREAS, as part of the planning process for the revitalization of the Lincoln Road
Area, the Lincoln Road Partnership has continuously identified the need for comfortable, non-
invasive transportation on the Lincoln Road Mall, linking the areas to the West and East of the
Mall; and
WHEREAS, the establishment of such a transportation system on the mall area would
make the entire Lincoln Road Area more accessible to the surrounding community,
particularly the elderly, physically challenged, and parents or caretakers with small children;
and
WHEREAS, the appropriate vehicles which would form the core of such a system were
purchased in March of 1994 and delivered in late May of that same year, and a storage and
service space has been created in the 17th Street Parking Garage utilizing existing space and
not using any parking spaces; and
WHEREAS, while it is the intent of the Lincoln Road Partnership to operate this
transportation service as part of the services to be provided pursuant to the establishment of
the Lincoln Road Management Services District No.1, and as prescribed under that budget,
it is recommended that the Mayor and City Commission approve the attached short term
Agreement between the City and Mayflower Contract Services, Inc. for operation of a tram
system for a three month period, after which time the Lincoln Road Partnership would manage
and operate the service on a long-term basis.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the
attached Agreement between the City and Mayflower Contract Services, Inc. for the short term
operation of the Lincoln Road Tram, and the Mayor and City Clerk are authorized to execute
the Agreement.
PASSED and ADOPTED this 5th day of October, 1994.
ATTEST:
~~LAA L,~~
CITY CLERK
RJA:cnm
c:\wpwin60\wpdocs\reso-etc\1 inctram. res
FOR~1 APPROVED
LEGAL DEPT.
J~
By
Date 7- -$'c), 'i'f
CITY HALL 1700 CONVENTION CENTER DRIV~ MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
COMMISSION MEMORANDUM NO.,~W FA~,(305)673-ne2
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Ca J./) 1----
City Manag"V~
DATE' October 5, 1994
TO:
SUBJECT:
OPERATION OF LINCOLN ROAD TRAM FOR A THREE MONTH
TRIAL PERIOD
ADMINISTRA nON RECOMMENDA nON:
It is recommended that the City Commission approve the short term contract with
Mayflower Contract Services for the operation of the Lincoln Road Tram.
CONTRACT AMOUNT AND FUNDING:
$32,902.20 Funds are available from Lincoln Road Management Services District #1
operating budget. Revenue sources for that budget are one third from
property owner's assessments, and two thirds from resort taxes and other
City sources relative to Lincoln Road.
This amount is $1944 more than the amount originally approved in July.
This additional amount will provide for all operators to be equipped by
the contractor with two-way radios, which has been determined to be
desirable for emergency purposes.
BACKGROUND:
In January 1993, the contract with a private operator to provide l'Tram" service on
Lincoln Road was discontinued due to inadequate and unacceptable service. At ~t
time the service consisted of a gas powered Jeep pulling one or two inaccessible trailers
with broken springs, ripped bench seats, intermittent running times, and all for a fee.
The Lincoln Road Partnership as part of the planning process for the revitalization of
Lincoln Road has identified the need for comfortable, non-invasive transportation on
the Lincoln Road MaIl, linking the areas to the west and east of the maIl. This will serve
to make the entire Lincoln Road district more accessible to the surrounding community,
especiaIly the elderly, physically challenged, and parents or caretakers with smaIl
children.
The desire was to simulate the original service that operated when the mall first
opened, modifying for accessibility and fuel updates for the 90's and the next century.
The appropriate vehicles were identified, authorized for purchase in March and were
AGENDA 0 1 A
ITEM ,,--
nATC I^- c-__aLI
~72
delivered in. late May. They have now been inspected by the company and repairs for
minor transit damage have been completed. A storage and service space has been
created in the 17th Street parking garage, utilizing existing space and not using any
parking spaces.
It is the intent of the Lincoln Road Partnership to operate this service as part of the
Management Services program proscribed and proposed by the Lincoln Road planning
process. The Lincoln Road Partnership will manage and operate the service on a long
term basis when they can assUme responsibility for its operation, which is anticipated
by year's end.
ANALYSIS:
An extensive search for an operator was done, soliciting proposals from nine possible
vendors. Mayflower Contract Services, Inc. was the only suitable proposal, and the
Commission approved their proposal at the July 27th commission meeting.
Since then, both technical and legal issues have been ironed out, and you have before
you the contract that will allow the trams to begin operation, to the delight and desire
of many citizens, especially senior citizens living in the Lincoln Road area.
CONCLUSION:
Restoration of the Lincoln Road Tram, with frequent and comfortable service,
and modern innovations, is an important component of the new Lincoln Road
experience. The City Commission should approve the short term contract for its
operation with Mayflower Contract Services for the operation of the tram, in
anticipation of the Lincoln Road Partnership managing the service on a long term basis
when they can assume responsibility for its operation.
173
, .
TRANSPORTATION SERVICES AGREEMENT
tk
THIS AGREEMENT is made and entered into as of the \0\ day
of October, 1994, by and between the CITY OF MIAMI :BEAcH, a
Municipal corporation, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida 33139, hereinafter called "CUSTOMER," and
MAYFLOWER CONTRACT SERVICES, INC., an Indiana corporation whose
principal place of business is 5360 College Boulevard, Suite
200, Overland Park, Kansas 66211, hereinafter called
"CONTRACTOR."
WIT N E SSE T H:
WHEREAS, CUSTOMER possesses three (3) self-powered trams
and facilities and personnel to maintain, service and charge or
otherwise fuel such trams; and
WHEREAS, CUSTOMER has learned that it cannot continuously
operate the tram for a eight to nine hour shift without
recharging or replacing the tram batteries at least once during
this time period; and
WHEREAS, CUSTOMER desires to select a contract provider to
provide personnel to operate the trams in shuttle service at a
location on Lincoln road selected by CUSTOMER, in connection
with the Lincoln Road Revitalization Program Budget Account No.
120.6200.000312; and
WHEREAS, CUSTOMER has selected CONTRACTOR to provide the
personnel necessary to operate the tram shuttle transportation
services described herein; and
WHEREAS, CONTRACTOR desires to provide such transportation
services.
NOW, THEREFORE, in consideration of the covenants
hereinafter contained, all the parties agree as follows:
1. ~
The term of this Agreement shall commence October 10,
1994 and shall continue for ninety (90) days through
January 9, 1995, unless extended by mutual agreement of
the parties.
1
2. SCOPE OF SERVICES REOUIRED
CONTRACTOR shall, during the term of this Agreement,
supply such personnel as are required to fulfill
CUSTOMER's needs for the safe and convenient
transportation of any and all persons who are designated
by CUSTOMER to be transported between and among designated
stops along a nine block route. Such transportation shall
be provided for each and every day as more specifically
set forth in Exhibit "A" and in accordance with routes and
stops described in Exhibit "A-1" which are attached and
incorporated herein by reference.
As set forth below, CUSTOMER shall supply, fuel,
store {when not in service} and maintain such number of
trams as are required to fulfill CUSTOMER'S needs for such
shuttle transportation. CUSTOMER shall provide all
maintenance and repairs and assume all maintenance and
repair cost for all equipment required for the contracted
service.
3. COMPENSATION AND BILLING
In consideration for services rendered hereunder,
CUSTOMER shall pay to CONTRACTOR all sums due and owing
and calculated in accordance with the rates in Exhibit
"B", Contractor Compensation, which is attached and
incorporated by reference, as may be adjusted from time to
time. Not later than the 10th working day after the end
of each calendar month during the term of this Agreement,
CONTRACTOR will submit to CUSTOMER a statement of
CONTRACTOR'S services rendered during the preceding month.
After verification of the statement, CUSTOMER shall pay
the amount due to CONTRACTOR for the preceding month's
service on or before the 20th day after the statement is
received by CUSTOMER.
4. ~
CUSTOMER shall furnish all charging, battery power or
other fuel to be used in its performance of this
Agreement.
5. ROUTES AND SCHEDULES
CUSTOMER reserves the right to establish the routes
and schedules to be followed and to make changes therein
from time to time. CUSTOMER shall notify CONTRACTOR
2
whenever changes are necessary in routes or time schedules
and CONTRACTOR shall make a reasonable effort to adjust
its operations to incorporate such changes within three
(3) business days after notice is received from CUSTOMER.
6. RECORDS AND REPORTS
CONTRACTOR shall provide those reports and records
which may be reasonably requested by CUSTOMER and
necessary for proper payment for or evaluation of
CONTRACTOR'S performance hereunder. All such records
shall be open to inspection by the CUSTOMER or its
representative during regular business hours in
CONTRACTOR'S office.
7. INDEMNIFICATION
CONTRACTOR shall hold CUSTOMER, its governing board,
officers and employees harmless and does hereby indemnify
CUSTOMER, its governing board, officers and employees from
and against every claim or demand which may be made by any
person, firm or corporation, or other entity arising from
or caused by any act, neglect, defaul t or omission of
CONTRACTOR in the performance of this Agreement, except to
the extent that such claim or demand arises from or is
caused by the negligence or willful misconduct of
CUSTOMER, its agents or employees.
To the extent permitted by law, CUSTOMER shall hold
CONTRACTOR, its officers, employees, agents, successors
and assigns harmless and does hereby indemnify CONTRACTOR,
its officers, employees, agents, successors and assigns
from and against every claim or demand which may be made
by any person, firm, corporation or other entity arising
from or caused by any act, neglect, default or omission of
CUSTOMER, its governing board, officers, employees or
agents, except to the extent that such claim or demand
arises from or is caused by the negligence or willful
misconduct of CONTRACTOR, its agents or employees.
8. INSURANCE
CONTRACTOR shall, at its expense, procure and keep in
force during the entire term of this Agreement, general
liability and automobile liability insurance protecting
CUSTOMER, its board, officers, employees and agents, and
CONTRACTOR, its drivers and other personnel. CONTRACTOR
shall, so long as available at reasonable prices from
3
standard markets in the property and casualty insurance
industry, provide limits of liability of not less than One
Million Dollars ($1,000,000.00) Combined Single Limit for
bodily injury and damage to property. CONTRACTOR agrees
to provide CUSTOMER a certificate of insurance evidencing
such coverage and designating CUSTOMER and Lincoln Road
Partnership, Inc. as addi t ional insured. All insurance
policies shall provide that no coverage shall be cancelled
except by thirty (30) days written notice to CONTRACTOR
and CUSTOMER. CONTRACTOR shall provide CUSTOMER wi th
evidence of Workers' Compensation and Employer's Liability
coverage in the amount required by law.
CONTRACTOR's obligation to provide liability
insurance coverage shall apply only while the trams are in
service and in the custody and control of a CONTRACTOR
employee or agent. NO liability coverage will be in
effect any other time.
CUSTOMER has not specified, and CONTRACTOR shall not
be required to provide physical damage insurance for the
trams during non-operating hours. CUSTOMER, at its own
expense, shall procure and keep in force physical damage
insurance, including collision and comprehensive coverage
with limits equal to the actual replacement value of the
equipment and trams throughout the term of this Agreement.
9. FORCE MAJEURE
In the event CONTRACTOR is unable to provide the
transportation services herein specified because of any
act of God, civil disturbance, fire, riot, war, picketing,
strike, labor dispute, governmental action or any
condition or cause beyond CONTRACTOR'S control, CUSTOMER
shall excuse CONTRACTOR from performance under this
Agreement.
10 . MANAGEMENT PERSONNEL
CONTRACTOR shall employ management personnel who
shall be responsible for the efficient operation of the
transportation services furnished hereunder and who shall
be CONTRACTOR'S liaison to CUSTOMER. CONTRACTOR shall
inform CUSTOMER of the name (s) and address (es) of such
management personnel.
4
11. OPERATIONS PERSONNEL/DRIVER OUALIFICATIONS
CONTRACTOR shall employ a sufficient number of
drivers and support personnel to assure CUSTOMER of
reliable service, within the constraints imposed by the
CUSTOMER's equipment, and specifically the CUSTOMER's tram
battery capabilities.
CONTRACTOR shall be required to provide two drivers
for the duration of each operational day. CONTRACTOR
shall not be required to provide service during required
battery changes. Contractor shall attempt to complete
each battery change in a half hour period. Because of
the batteries weight and the difficulty of moving and
changing the batteries, both drivers will participate in
any battery change. All drivers shall be required to wear
a uniform while in service, consisting of a Mayflower
short sleeve shirt, shorts, white socks and tennis shoes,
or such other uniform as the parties may agree in writing.
CONTRACTOR shall take reasonable steps to prevent its
employees from exposing any passengers to impropriety of
word or conduct. CONTRACTOR shall not knowingly permit
its drivers to smoke on the tram nor to drink any
intoxicating beverage or be under the influence of drugs
or alcohol while operating any tram. CONTRACTOR shall
regulate the use of prescription and non-prescription
drugs which impair the safe operation of the tram.
CONTRACTOR shall be responsible for hiring and
discharging personnel employed by CONTRACTOR to perform
its obligations hereunder.
CONTRACTOR shall provide qualified drivers, trained
and licensed in accordance with the laws of this State.
Accordingly, CONTRACTOR agrees that each driver shall:
(a) Possess a valid license or permit
issued by this State authorizing such person to
operate a commercial vehicle.
(b) Be certified by a duly licensed
medical practitioner as medically qualified and
free of medical or physical conditions which,
absent reasonable accommodation, would limit
safe operation of a commercial vehicle. The
physical examination shall be conducted prior to
employment and periodically thereafter.
5
(c) Successfully complete a course of
training, including classroom instruction in
commercial passenger vehicle safety, human
relations, defensive driving, traffic laws, and
behind-the-wheel tram driving instruction.
(d) Possess a satisfactory driving record
after review of such records prior to employment
and periodically thereafter to the extent
permitted or available by law.
(e) Prior to employment and from time to
time thereafter, to the extent permitted by law,
undergo such tests as may reveal, within a
reasonable degree of medical or scientific
certainty, the presence or absence of drugs or
controlled substances in the body and such tests
as may clinically reveal alcoholism or alcohol
abuse. Negative findings for such tests shall
be a condition of employment.
(f) Satisfy all requirements of the u.S.
Department of Transportation, Federal Highway
Administration in rendering transportation
services regulated by that agency.
law.
(g) Meet any other criteria required by
CONTRACTOR shall hold each driver responsible for:
(h) Supervising the loading and unloading
of his or her tram at every pick-up and delivery
point.
(i) Keeping informed of all rules and
regulations affecting the operation of trams and
standards of conduct.
(j) Complying with all federal, state and
local traffic laws while operating trams under
this Agreement.
(k) Carrying appropriate identification at
all times while on duty.
6
(1) Carrying a time piece while on duty so
that the driver can maintain established
schedule times.
(m) Notifying CUSTOMER's dispatcher by
radio in the event of any traffic accident or
medical emergency or other incident which
involves a vehicle used in the performance of
this Agreement. CUSTOMER's dispatcher shall
promptly advise the appropriate authorities and
the CONTRACTOR's designee of the accident or
emergency or other incident. CONTRACTOR's
employees shall not be required to perform any
medical functions for passengers.
13. EOUIPMENT
All trams supplied by CUSTOMER in performance of this
Agreement shall meet or exceed the standards established
by the laws and regulations of the United States, this
State, and any local rules. CUSTOMER shall be fully
responsible for the compliance of the tram equipment with
the Americans with Disabilities Act and all similar state
and local laws providing accessibility requirements, and
shall defend, indemnify and hold CONTRACTOR harmless from
any claim or demand that the equipment violates
accessibility requirements of such laws.
CONTRACTOR agrees to supply a two-way radio for each
tram, during the term of the agreement, capable of
communication with CUSTOMER's dispatcher, either at the
beginning of service or as soon as possible after the
startup. At the conclusion of the term of this agreement,
CONTRACTOR may remove its radios.
CUSTOMER shall store (when not in service), repair,
and maintain the trams used to provide transportation
services under this Agreement in accordance with law and
accepted industry maintenance standards. CONTRACTOR I S
employees shall be provided with keys to the storage area
and shall be responsible for placing the trams in the
storage area, connecting the trams to the chargers, and
locking the storage area at the close of each operating
day.
At the beginning of each operating day, CONTRACTOR's
employees will be responsible for opening the locked
storage area, checking the battery charge, moving the tram
7
from the storage area, locking the storage area and moving
the tram to the first stop on the route.
During the day, CONTRACTOR's employees shall make the
necessary trips to the storage area to replace batteries
to enable service to continue with a minimum interruption.
14. FACILITIES
CONTRACTOR shall utilize its facility located in
Miami, Florida as its office for this Agreement. CUSTOMER
shall securely store (when not in service) and service the
trams in its own facilities, located at the 17th Street
Parking Garage.
15. ASSIGNMENT
The services contemplated under this Agreement are
deemed to be in the nature of personal services. This
Agreement shall not be assigned by CONTRACTOR without
prior written consent of CUSTOMER. The parties agree that
assignment by CONTRACTOR of any sums due and owing
CONTRACTOR under this Agreement shall not constitute an
assignment of the Agreement.
16. TERMINATION
In the event that CONTRACTOR or CUSTOMER, or either
of them, in any respect fails to keep and perform the
terms and provisions of this Transportation Services
Agreement to be kept and performed by it, then in any such
event CUSTOMER or CONTRACTOR may give written notice
thereof to the other party, and if such other party fails
to cure the condition specified in such notice within ten
(10) days, then the party which gave notice shall have the
right to terminate this Agreement upon two (2) days
written notice.
This Agreement may be terminated by either party for
any cause or its convenience upon thiry (30) days prior
written notice.
8
17. SURVIVAL
The mutual obligations described in Sections 3,
COMPENSATION AND BILLING; and 7, INDEMNIFICATION; hereof
shall survive the termination or expiration of this
Agreement.
18. STATUS OF CONTRACTOR
In the interpretation of this Agreement and the
relations between CONTRACTOR and CUSTOMER, CONTRACTOR
shall be construed as being an independent contractor
employed to provide transportation services only.
Neither CONTRACTOR nor any of its employees shall be
held or deemed in any way to be an agent, employee or
official of CUSTOMER. CONTRACTOR shall be responsible
for, and hold CUSTOMER harmless from any liability for
unemployment taxes or contributions, payroll taxes or
other federal or state employment taxes associated with
CONTRACTOR employees.
Neither CUSTOMER nor any of its employees shall be
held or deemed in any way to be an agent, employee or
official of CONTRACTOR. CUSTOMER shall be responsible
for, and hold CONTRACTOR harmless from any liability for
unemployment taxes or contributions, payroll taxes or
other federal or state employment taxes associated with
CUSTOMER employees.
19. PLACE OF CONTRACT
This Agreement shall be deemed to be made in and
shall be construed in accordance with the laws of the
State of Florida. All references in this contract to the
"State" shall mean the State of Florida.
20. SEVERABILITY
In the event any provision specified herein is held
or determined by a court of competent jurisdiction to be
illegal, void or in contravention of any applicable law,
the remainder of the Agreement shall remain in full force
and effect.
9
21. EXTENSION AND MODIFICATION
CONTRACTOR and CUSTOMER may extend or otherwise
modify the terms of this Agreement in whole or in part as
circumstances may justify by mutual written agreement
executed by the duly authorized representatives of the
parties.
22. NOTICES TO PARTIES
All notices to be given by the parties to this
Agreement shall be in writing and served by depositing
same ln the United States Mail, postage prepaid,
registered or certified mail.
Notices to CUSTOMER shall be addressed to:
Ms. Judith M. Ford
Purchasing Agent
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
with a copy to:
City Attorney
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Notices to CONTRACTOR shall be addressed to:
Mr. Mark Foster
Senior Vice President
Mayflower Contract Services, Inc.
5360 College Boulevard
Overland Park, Kansas 66211
Either CONTRACTOR or CUSTOMER may change their
address of record for receipt of official notice by giving
the other written notice of such change and any necessary
mailing instructions.
10
23. ENTIRE AGREEMENT
This Agreement and the Exhibits incorporated herein
by reference set forth the entire agreement between
CUSTOMER and CONTRACTOR concerning the subject matter
hereof. There are no representations, either oral or
written, between CUSTOMER and CONTRACTOR other than those
contained in this Agreement.
24. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of
counterparts and any party hereto may execute any
counterpart, each of which when executed and delivered
will be deemed to be an original and all of which taken
together will be deemed to be but one and the same
instrument. The execution of this Agreement by any party
hereto will not become effective until counterparts hereof
have been executed by all of the parties hereto.
25. LIMITATION OF LIABILITY
CUSTOMER desires to enter into this Agreement only if
in doing so CUSTOMER can place a limit on the CUSTOMER's
liability for a cause of action for money damages due to
an alleged breach by the CUSTOMER of its duty to pay fees
for hourly service under this Agreement, so that the
liability of CUSTOMER for any such breach never exceeds
the sum of Thirty Two Thousand Nine Hundred and Two and
Twenty/Hundredths Dollars ($32,902.20). CONTRACTOR hereby
expresses its willingness to enter into this Agreement
with CONTRACTOR's recovery from CUSTOMER for money damages
due to an alleged breach by the CUSTOMER of its duty to
pay fees for hourly service under this Agreement to be
limited to a maximum amount of $32,902.20 less the amount
of all fees actually paid by the CUSTOMER for hourly
service under this Agreement to CONTRACTOR pursuant to
this Agreement.
Accordingly, and notwi thstanding any other term or
condition of this Agreement, CONTRACTOR hereby agrees that
the CUSTOMER shall not be liable to CONTRACTOR for money
damages due to an alleged breach by the CUSTOMER of its
duty to pay fees for hourly service under this Agreement
in an amount in excess of Thirty Two Thousand Nine Hundred
and Two and Twenty/Hundredths Dollars ($32,902.20), which
amount shall be reduced by the amount of all fees actually
paid by the CUSTOMER for hourly service under this
11
Agreement to CONTRACTOR pursuant to this Agreement;
provided, however, that nothing contained in this Section
25 "Limitation of Liability" shall be deemed to limit
CUSTOMER I s liability to CONTRACTOR or to third parties:
(i) to the extent that any cost, expense, liability, claim
or demand arises from or is caused by the strict
liability, negligence or willful misconduct of CUSTOMER,
its officers, agents or employees, or (ii) to the extent
that CONTRACTOR has a right of indemnification,
contribution or otherwise (whether provided under the
terms of this Agreement or otherwise) to bring an action
or claim against the CUSTOMER, its officers, agents or
employees relating to the strict liability, negligence or
willful misconduct (including performance or
nonperformance of any obligations imposed upon CUSTOMER by
this Agreement, except for an alleged breach by the
CUSTOMER of its duty to pay fees for hourly service under
this Agreement) of CUSTOMER, its officers, agents or
employees; and provided, further, that nothing contained
in this Section 25 "Limitation of Liability" shall be
deemed to constitute a waiver by CUSTOMER of the
limitations placed upon CUSTOMER I s liability by Florida
Statutes Section 768.28.
26. ARBITRATION
Any controversy or claim for money damages arising
out of or relating to this Agreement, or the breach
hereof, shall be settled by arbitration in accordance with
the Commercial Arbitration Rules of the American
Arbitration Association (the "Rules"), and the arbitration
award shall be final and binding upon the parties hereto
and subject to no appeal, except as provided in the Rules,
and shall deal with the question of costs of arbitration
and all matters related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the
extent that the parties cannot agree upon the arbitrator,
then the American Arbitration Association shall appoint
one. Judgment upon the award rendered may be entered into
any court having jurisdiction, or application may be made
to such court for an order of enforcement. Any
controversy or claim other than a controversy for money
damages arising out of or relating to this Agreement, or
the breach hereof, including any controversy or claim
relating to any right of specific performance, shall be
settled by litigation and not arbitration.
12
..
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate the day and year first hereinabove
written.
CONTRACTOR
MAYFLOWER CONTRACT
B:~RVIC~r-
Tltle:"
a
By: // /- /
Titl)f / / /
, f / /
Attest:
~~~~
City Clerk
CITY OF MIAMI BEACH
13
EXHIBIT A
CONTRACTOR shall provide personnel to operate tram
shuttle service along a nine block Lincoln Road route
specified on Exhibit A-I. Each round trip shall be at
approximately fifteen (15)-minute intervals. Service shall
begin at 10 a~m.local time, seven days per week, with a
final stop at 7 p.m. local time. The route will consist of
nine stops in each direction, at each corner, as specified
on Exhibit A-I.
14
EXHIBIT A-I
Map of Route showing location of garage, route, stops.
15
, /
EXHIBIT B
Rates for Service
$20.31 per service hour (for two drivers), with a minimum of
nine billable hours per day, seven days per week for a term
of ninety (90) days, beginning on or about October 10, 1994
through on or about January 9, 1995.
Service hours shall be billed commencing at 10 a. m., the
time of the first stop on the route after arriving from the
garage, and continue until 7 p.m., the time that the tram
arrives at the last stop on the route before returning to
the garage.
Assuming $20.31 per service hour, nine service hours per
day, for ninety (90) days, the minimum total compensation
for such period would be $32,902.20.
Customer desires that no amount in excess of $32,902.20
shall be paid to Contractor for fees for hourly service
under this agreement. Contractor shall have (absent written
amendment of this agreement executed by both parties to
provide additional compensation for additional service
hours) no obligation to provide, and shall not provide in
excess of 1620 service hours under this Agreement, even if
the 1620 service hours have been completed prior to the
close of the ninety (90) day term of this Agreement.
During the agreement, there will be no fares charged
passengers for rides.
16
AtDttlllts
CERTIFICATE OF INSURANCE
ISSUE DATE (M~/DD/y'y) ..
66211
/ / 5 10-5-94
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE I
POLICIES BELOW.
-~,,~--..~.....~_.""_._. -..-.-... . ""'.-.
COMPANIES AFFORDING COVERAGE
I
I
;
i
I
I
I
j
I
PRODUCER 71
Lockton Companies
P.O. Box 419351
Kansas City Mo 64141-63~1
COMPANY A
LETTER
RELIANCE NAT'L IND. CO. (NY)
INSURED 1312
MAYFLOWER CONTRACT SERVe INC.,ETAL
5360 COLLEGE BLVD.
OVERLAND PARK KS
E~T~~~NY B
f~T~~NY C
f~T~~~NY 0
COMPANY E
LETTER
COVERAGES 20A
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
I CO
jLTR
A
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR,
OWNER'S & CONTRACTOR'S PROT,
NGA o-t02680
04/01/94
04/01/95
GENERAL AGGREGATE $ 1, 000, 000
PRODUCTS-COM PlOP AGG. $ 1, 000, 000
PERSONAL & ADV, INJURY $ 1,000,000
EACH OCCURRENCE $ 1, 000, 000
FIRE DAMAGE (Anyone fire) $ 50, 000
MED._EXPEN~ _~~~~~~~son) $ X IX. X X X X X X X
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
04/01/94
04/01/9:5
COMBINED SINGLE
LIMIT
$
NKAOI02681
1,000,000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
NOT APPLICABLE
EACH OCCURRENCE
AGGREGATE
lA
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
NWAOI02677/78/79
04/01/94
04/01/95
STATUTORY LIMITS
EACH ACCIDENT $ 1, 000, 000
DISEASE-POLICY LIMIT $ 1, 000, 000
DISEASE-EACH EMPLOYEE $ 1, 000, 000
ACV COMP. & COLLISION
OTHER
IA
I
AUTO PHYSICAL
DAMAGE
NI(AOI02687
04/01/94
04/01/95
CANCELLATION
CITY OF MIAMI BEACH
Attn: Judith M. Ford, P.A.
City Hall-1700 Convention Ctr Dr.
Miami Beach, FL 33139
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
I
i ACORD 25-S (7/90)
AUTH(lEPRESENTATIVE
___2__~~9R~~