95-21550 RESO
RESOLUTION NO.
95-21550
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK. TO EXECUTE A TRANSPORTATION SERVICES AMENDMENT
AGREEMENT, EXTENDING THE AGREEMENT BETWEEN THE CITY AND
MAYFLOWER CONTRACT SERVICES, INC., FOR THE OPERATION OF THE
LINCOLN ROAD TRAM, THROUGH MAY 11,1995.
WHEREAS, as part of the planning process for the revitalization of the
Lincoln Road area, the Lincoln Road Partnership has continuously made the
Mayor and City Commission aware of the need for comfortable, non-invasive
transportation on the Lincoln Road pedestrian mall, linking the areas to the
west and east of the mall; and
WHEREAS, the appropriate vehicles were purchased in March of 1994
and delivered in late May of that same year, and a storage and service space
was created in the 17th Street Parking Garage utilizing existing space and not
using any parking spaces; and
WHEREAS, on October 5, 1994, the Mayor and City Commission
approved a short term agreement with Mayflower Contract Services, Inc., for
the operation of the Lincoln Road tram (the Agreement) for ninety (90) days,
pending the assumption of management and operational responsibilities of the
tram by the Lincoln Road Partnership, Inc., and on December 21, 1994,
approved a ninety day extension of the Agreement; and
WHEREAS, the establishment of this transportation system on the mall
area has made 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 Lincoln Road Partnership, Inc., is now ready to explore
and implement plans for the operation of the tram service, which is estimated
to take approximately sixty (60) days, it is now recommended that the Mayor
and City Commission approve an extension of the Agreement, as attached
hereto, through May 11, 1995, within which time the Lincoln Road Partnership
will assume management and operation of 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 herein approve the attached Transportation Services
Amendment Agreement, extending the Agreement between the City and
Mayflower Contract Services, Inc., for the operation of the Lincoln Road Tram,
through May 11, 1995.
I
Passed and adopted this 19th day of 1,1995.
/1
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ATTEST;
~(h~/~,~~
CI1Y CLERK
FORM APPROvTJ)
BY~~~
Date -t/!.f J-~ <'
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO.
3()7 -<15
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Carlton ~ I,;;J J ~
City Manager ~
DATE: APRIL 19, 1995
TO:
SUBJECT:
APPROVAL OF AN EXTENSION OF AGREEMENT WITH
MAYFLOWER CONTRACT SERVICES THROUGH MAY 11,
1995, TO GIVE THE LINCOLN ROAD PARTNERSHIP TIME
TO IMPLEMENT THEIR PROGRAM FOR MANAGEMENT
AND OPERATION OF THE SERVICE ON A LONG TERM
BASIS.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve an
extension to the Agreement with Mayflower Contract Services to provide tram
operation services of the Lincoln Road Tram on behalf of the Lincoln Road
Partnership while the Partnership implements their own program for
management and operation of the service on a long term basis,
CONTRACT AMOUNT AND FUNDING:
Maximum amount of funding would be $10,967.40, (bringing total contract
amount since October 11, 1994 to $76,771.80) based upon the current rate of
$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 days.
Funds are available from Lincoln Road Management Services District # 1
operating budget, which is currently funding the service. 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.
BACKGROUND:
City Commission Resolution No. 94-21330, dated October 5, 1994, authorized
the contract on a short term basis between the City of Miami Beach and
Mayflower Contract Services for operation of the 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. A month to month extension for up to
ninety days was passed by resolution on December 21, 1994. Because of the
demands of the design and organizational process, along with the Partnership's
successful accomplishment of other management services, including cleaning,
maintenance and "ambassador" (security) services, they are just now ready to
AGENDA ITEM C. -1- A
DATE i.:J3~q5
consider management of the tram service. A staff person of the Partnership
has done the preliminary work and service provided by the Partnership's own
employees can start when this contract extension expires.
The tram service actually started October II, 1994 and has proven to be a
widely accepted and popular addition to the Lincoln Road experience. Drivers
are bilingual, courteous, and neatly uniformed in shorts and short sleeve
woven shirts, as will be the Partnership's own employees.
Usage of the popular tram remains constant, with senior citizens, children and
parents alike often waiting in line to ride. The Lincoln Road Partnership will
be examining hours and numbers of trams in service as summer construction
period starts.
ANALYSIS:
This extension will allow the Lincoln Road Partnership time to implement a
program for their management and operation of the tram service, as originally
planned when this contract was approved and extended.
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 final 30 day extension of
the contract through May II, 1995, 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.
IN WITNESS WHEREOF I the parties hereto have executed
this Agreement in duplicate the day and year first
hereinabove written.
CONTRACTOR
MAYFLOWER CONTRACT
B:~RVI~l~t-c
T 1 t 1 e :( ,17 /
By:
Title:
Attest:
I
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C'ty Clerk ~~~("
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By "_ aJU#
Date -rJ/~j3t
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TRANSPORTATION SERVICES AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is made and entered into as of
the 24th day of April, 1995, by and between the CITY OF
MIAMr-IfEACH, 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, upon approval by the City Commission of
CUSTOMER of a month to month extension of up to three months
of the October 10, 1994 agreement between the parties;
WHEREAS, upon approval by the
CUSTOMER of an additional extension
Agreement;
City
of one
Commission
month of
of
the
NOW, THEREFORE,
hereinafter contained,
in consideration of the covenants
all the parties agree as follows:
1. Section 1, IERM, is amended to read as follows:
"The term of this Agreement shall commence October
10, 1994 and shall continue for two hundred and ten
(210) days through May 11, 1995, unless extended by
mutual agreement of the parties."
2. Section 25.LIMITATION OF LIABILITY, is amended to read
as follows:
"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 Seventy-Six
Thousand Seven Hundred and Seventy-One and
Eighty/Hundredths Dollars ($76,771.80). 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
$76,771.80 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 notwithstanding any other term or
condition of this Agreement I CONTRACTOR hereby agrees
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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 Seventy-Six
Thousand Seven Hundred and Seventy-One and
Eighty/Hundredths Dollars ($76,771.80), which amount
shall be reduced by the amount of all fees actually
paid by the CUSTOMER for hourly service under this
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."
3. Exhibit B is amended to read as the attached Exhibit B-
4/95.
4. Except as modified herein, all other terms and
conditions set forth in the Agreement shall remain in
full force and effect.
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EXHIBIT B-4/95
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 two hundred ten (210) days, beginning on or about October
10, 1994 through on or about May 11, 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 two hundred ten (210) days, the minimum total
compensation for such period would be $76,771.80.
Customer desires that no amount In excess of $76,771.80,
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 3780 service hours under this Agreement, even if
the 3780 service hours have been completed prior to the
close of the two hundred ten (210) day term of this
Agreement.
During the agreement,
passengers for rides.
there will be no fares charged
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