HomeMy WebLinkAbout2003 03 24 Consent H Transportation Disadvantage Services Agreement
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COMMISSION AGENDA
ITEM H
Consent X
Informational
Public Hearing
Regular
March 24. 2003
Meeting
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REQUEST:
The Parks and Recreation Department is requesting the City Commission to authorize the City
Manager to execute the Transportation Disadvantaged Services Agreement between the City of
Winter Springs and MV Transportation, Inc., establishing the tem1S and conditions for MY
Transportation Inc., to provide transportation services for the Winter Springs Senior Transportation
Program ("Program").
PURPOSE:
The purpose of this item is to allow commencement of the Winter Springs Senior Transportation
Program by approving and executing a contract with MV Transportation, Inc., based upon those
terms, conditions and requirements necessary for the successful implementation of the Program.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, Florida Statutes, Home Rule Powers Act.
Chapter 427, Florida Statutes, Transportation Services.
CONSIDERATIONS:
1. Pursuant to the adoption of City of Winter Springs Resolution No. 2002-34, the City
of Winter Springs determined a need to provide scheduled, round-trip transportation
services to eligible senior citizens from their homes in Winter Springs to the Winter
Springs Senior Citizen Center in order to allow their participation in a variety of
educational, social and entertainment programs for the benefit of its senior citizens
at the Winter Springs Senior Center.
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2. Program guidelines were developed after meetings between Winter Springs senior
citizens, representatives of senior centers, a representative of the State of Florida
Commission for the Transportation Disadvantaged, City staff, and public debate.
3. In response to City of Winter Springs' RFP 007/03-CP, MV Transportation, Inc. was
selected to provide transportation services for the Program.
4. The proposed term of the agreement is for the 2002-2003 fiscal year, tentatively
commencing on April 1 ,2003 and ending on September 30, 2003.
5. Funding in the amount of $20,000.00 dollars has been previously approved and
allocated by the City Commission in order for MY Transportation, Inc. to perform
the necessary transportation services required by the City of Winter Springs at a
maximum hourly rate of$43.24.
6. The City has the ability to terminate the agreement in its sole discretion without any
penalty whatsoever during its term and has the option to renew the agreement upon
its desire to continue the provision of transportation disadvantaged services to
eligible senior citizens.
7. Current! y, LYNX, as the designated community transportation coordinator pursuant
to Chapter 427, Florida Statutes, does not provide disadvantaged transportation
services within the proposed service area.
8. LYNX has agreed to the commencement ofthe Program notwithstanding the absence
of an executed interlocal agreement coordinating such transportation services, which
will be finalized subsequent to the start of the Program.
STAFF RECOMMENDATION:
Approve the Transportation Disadvantaged Services Agreement with MY Transportation, Inc. to
provide transportation services for the Winter Springs Senior Transportation Program.
ATT ACHMENT:
Transportation Disadvantaged Services Agreement with MV Transportation, Inc.
Correspondence, dated March 11, 2003, to Mr. Ed Griffin, LYNX
COMMISSION ACTION:
F:\Docs\City of Winter Springs\Agenda\AgendaMVtransportationagmt.wpd
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BROWN, WARD, SALZMAN & WEISS, P.A.
Attorneys at Law
Usher L. Brown < Offices in Orlando, Kissimmee,
Suzanne D'AgrestaO Cocoa & Viera
Anthony A. GarganeseO
Gary S. Salzmano
John H. Ward <
Jeffrey S, Weiss
Debra S. Babb
Jeffrey P. Buak
Todd K. Norman
John U. Biedenharn, Jr.
Joseph E. Blitch
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
<Board Certified Civil Trial Lawyer
oBoard Certified Business Litigation Lawyer
oBoard Certified City, County & Local Government Law March 11, 2003
Erin J, O'Leary
Of Counsel
VIA U.S. MAIL AND FACSIMILE
Mr. Ed Griffin
Lynx Transportation
445 West Amelia Street
Suite 800
Orlando, FL 32801
Re: Status of Proposed Interlocal Agreement between
LYNX and City of Winter Springs
. Our File No. 1193
Dear Mr. Griffin:
This letter memorializes our recent telephone conversation and my earlier
discussion with Mr. Ron Jones regarding the creation of a favorable Interlocal Agreement
between the City of Winter Springs and LYNX, pertaining to the City's Senior
Transportation Program ("Program").
As mentioned, the City intends to commence the Program on or about April1, 2003.
It is my understanding that LYNX has no objection to the City's anticipated start date for
the Program despite its recognition that an approved Interlocal Agreement may not be
completed prior to commencement of same.
Upon completion of review, a proposed Interlocal Agreement will be forthcoming
within the next few days. Thank you.
VES:mm
cc: Anthony A. Garganese, City Attorney
Mr. Ron Jones, LYNX Transportation
Mr. w.e. Pihl, MV Transportation, Inc.
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Vincent E. Scarlatos
F:\Docs\City of Winter Springs\General\Ltr to Ed Griffin 3.11.03.wpd
225 East Robinson Street, Suite 660 . P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
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TRANSPORTATION DISADVANTAGED SERVICES
AGREEMENT
THIS AGREEMENT is made this _ day of , by and between the
CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is
1126 East State Road 434, Winter Springs, Florida ("City"), and MV TRANSPORT ATION, INC.,
a California Corporation registered and doing business in the State of Florida, whose principal
address is 360 Campus Lane, Suite 201, Fairfield, California, 94585 ("Contractor").
RECITALS:
WHEREAS, the City, on November 11, 2002, adopted Resolution No. 2002-34, which
acknowledged and recognized a present need to provide transportation services for those senior
citizens who, because of physical or mental disability, handicap, income status, or age, are unable
to transport themselves or purchase transportation in order to participate in a variety of social and
entertainment activities and programs offered by the City at the Winter Springs Senior Citizen
Center; and
WHEREAS, the City Commission is granted the authority, under 9 2(b), Art. VIII of the
State Constitution, to exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, the City desires to design, develop and provide transportation services for its
senior citizens within its municipal boundaries pursuant to Chapter 427, Florida Statutes; and
WHEREAS, the Contractor desires to provide to the City certain transportation services in
order to further the City's needs and its goals under the terms and conditions set forth in this
Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
1.1 Definitions. For purposes of this Agreement, the following terms and words shall have
the meaning ascribed to them, unless the context clearly indicates otherwise.
(a) "Agreement" or "Contract" shall be used interchangeably and shall refer to
this Agreement, as amended from time to time, which shall constitute
authorization for the Contractor to provide the services stated herein to the
City.
(b) "City" is the City of Winter Springs, Florida, a Florida Municipal
Corporation.
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(c) "Contractor" shall mean MY Transportation, Inc. and any employees, contractors,
or agents thereof.
(d) "Effective Date" shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement
shall go into effect. The Agreement shall not be effective against any party
until said date.
(e) "Public Record" is as described in Section 119.011(1), Florida Statutes.
(t) "Services" shall include the performance of the Services outlined in Article
2 of this Agreement.
1.2 Engagement. The City hereby engages the Contractor and the Contractor agrees to
perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present
agreements or representations shall be binding upon any ofthe parties hereto unless incorporated in
this Agreement.
1.3 Due Diligence. The Contractor acknowledges that it has investigated prior to execution
of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of
equipment and labor, the cost thereof, the requirements to obtain necessary insurance and satisfy all
operational requirements as set forth herein, and the steps necessary to complete the Services within
the time set forth herein. The Contractor warrants unto the City that it has the competence and
abilities to carefully and faithfully complete the Services within the time set forth. The Contractor
will perform its Services with due and reasonable diligence consistent with sound professional
practices.
1.4 CCNA Services. The Contractor warrants unto the City that the Services being
performed pursuant to this Agreement does not constitute professional services as defined by Section
287.055(2)(a), Florida Statutes.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. Contractor shall provide transportation services within the
municipal limits of the City of Winter Springs for those persons age fifty-five (55) or older
participating in the City of Winter Springs, Florida Senior Transportation Program and such services
shall be limited to and from the Winter Springs Senior Citizen Center and the eligible residents'
homes. A full description and scope of the Services to be performed under this Agreement is
attached as Exhibit "A", a copy of which is hereby incorporated by reference to this Agreement.
2.2 Professionalism. The Contractor shall do, perform and carry out in a professional
manner all Services required to be performed by this Agreement.
2.3 Submittal of Progress Reports. Upon request by the City, Contractor shall submit
a written progress report as to the status of all Services set forth in this Agreement. The report shall
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in a sufficient manner demonstrate what services were performed under this Agreement. Ifthe detail
is not sufficient in the City Manager's reasonable discretion to permit the City to determine the
Services performed or the manner in which it is being performed, the City may seek more detail from
the Contractor.
2.4 Warranty of Professional Services. The Contractor hereby warrants unto the City that
it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise and
direct the Services, using its best skill and attention and shall enforce strict discipline and good order
among its employees. The Contractor shall comply with all laws, ordinances, rules, regulations, and
lawful orders of any public authority hearing on the performance of the Services, including but not
limited to compliance with any applicable rules or regulations required by the community
transportation coordinator pursuant to its authority under Chapter 427, Florida Statutes, for the
provision of disadvantaged transportation services. The Contractor shall pay all taxes, fees, license
fees required by law, including but not limited to occupational fees and withholding taxes and
assume all costs incident to the Services, except as provided herein.
ARTICLE 3
COMPENSATION. PAYMENT TERMS
3.1 Compensation. For the performance and full completion of the Services specified
herein, City agrees to pay an hourly rate not to exceed $43.24 per hour with the total amount of
compensation to Contractor not to exceed $20,000.00 during the term of this Agreement. There
shall be no other compensation due Contractor for the Services provided under this Agreement,
unless specifically agreed to by the City in writing.
3.2 Invoices and Payment Terms. Contractor shall submit to the City detailed invoices for
all Services incurred under this Agreement and shall be due and owing Contractor "Net 30 Days"
from the receipt of invoice by City.
3.3 Calculation of Hourly Compensation. Contractor shall be entitled to the hourly rate
set forth herein and calculated on the basis of a "one hour minimum" for each route performed by
Contractor. Route time will be billed from the first scheduled pick-up to the last drop-off, including
all waiting time but in no event shall any time calculation include driving time from pullout of
Contractor's facilities to the first scheduled pick-up or return from the last drop-off to Contractor's
facilities, which are located at 9313 Bachman Road. All work hours and schedules shall be arranged
and approved in advance by City.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission of the City of
Winter Springs, the City Manager shall have authority to reject Services as not conforming to this
Agreement.
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4.2 Services is a Private Undertaking. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and the Contractor is such that the Contractor is an
independent contractor and not an agent of the City. The Contractor is an independent contractor
and not an employee of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the City, on one hand, and the
Contractor, during or after the performance ofthe Services under this Agreement.
4.3 City's Responsibilities. The City shall cooperate with the Contractor by:
(a) Designating a person with authority to act on the City's behalf on all matters
concerning the Services being provided hereunder;
(b) Furnish to the Contractor a copy of all available reservation logs, special
requests, reports, and other data pertinent to the Services and in the
possession of the City;
(c) Arrange for access to public and private property by the Contractor as
necessitated by the Services.
(d) Arrange for and provide personnel to undertake reservation and scheduling services
at the City of Winter Springs Senior Citizen Center and transmit such information
to Contractor the day prior to the requested transportation to be performed by
Contractor.
4.4 Permits. Licenses. Certifications. The Contractor shall be responsible, at its sole
expense, to obtain any and all local, state, or federal permits, licenses or certifications required for
the performance of the Services to be provided under this Agreement and shall provide a copy of
same to the City prior to the commencement of this Agreement.
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assi~nment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Contractor shall not assign, sublet, or transfer any rights or Services under or interest
in (including, but without limitations, monies that may become due) this Agreement without the
written consent ofthe City, except to the extent that any assignment, sublet, or transfer is mandated
by law or the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to any assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement. Further, the Contractor shall not
subcontract any portion or all ofthe Services without the written consent ofthe City. Nothing under
this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other
than the City and the Contractor, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the City and the Contractor and not for the
benefit of any other party.
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5.2 The City reserves the right to perform any Services related to this Agreement.
5.3 Any costs caused by defective or ill-timed Services shall be borne by the party
responsible therefor.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governing Law; Venue. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of the Services is
Seminole County. If any dispute concerning this Contract arises under Federal law, the venue will
be Orlando, Florida.
6.2 Contractor's Representative. The Contractor shall designate an individual to act as
a representative for the Contractor under this Agreement with the authority to transmit instructions,
receive information, and make or interpret the Contractor's decisions. This person shall be the
Contractor's contract administrator. The Contractor may from time to time designate other
individuals or delete individuals with the authority to act for the Contractor under this Agreement
with the authority to transmit instructions, receive information, and make or interpret the Contractor's
decisions. All deletions or designation of individuals to serve as a representative shall be given by
written notice.
6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals,
and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by
hand delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
Mr. Ronald W. McLemore
City Manger
City of Winter Springs
1126 East State Road 434
Winter Springs, FI. 32708-2799
407-327-5957 (phone)
407-327-6686 (Fax)
w/copy to:
Anthony A. Garganese
City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson St., Ste. 660
P.O. Box 2873
Orlando, FL. 32802-2873
407-425-9566 (Phone)
407-425-9596 (Fax)
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TO THE CONTRACTOR:
MV Transportation, Inc.
J on Monson, President and CEO
360 Campus Lane, Ste. 201
Fairfield, CA 94534-1400
707 -863-8980 (Phone)
707-863-8944 (Fax)
Notice shall be deemed to have been given and received on the date the notice is physically received
if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice
shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth
herein may unilaterally change the name of the person to whom notice is to be given or the address
at which notice is to be received.
6.4 Public Record. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing ofthe Contractor related,
directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the
possession or control of the City or the Contractor. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Contractor is
subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval ofthe City. Upon request by the City, the Contractor shall promptly supply
copies of said public records to the City. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall at any and all reasonable times during the normal
working hours of the Contractor be open and freely exhibited to the City for the purpose of
examination and/or audit.
6.5 Reuse of Documents. All documents, including but not limited to, proposals,
specifications and data, or programs stored electronically or otherwise, prepared by the Contractor
pursuant to this Agreement or related exclusively to the services described herein (if any) may be
reused by the City for any reason or purpose at anytime.
6.6 Ownership of Documents. The City and the Contractor agree that upon payment of fees
due to the Contractor by the City for a particular design, report, inventory list, compilation, drawing,
specification, model, recommendation, schedule or otherwise, said design, report, inventory list,
compilation, drawing, specification, technical data, recommendation, model, schedule and other
instrument produced by the Contractor in the performance of this Agreement, or any Services
hereunder (if any), shall be the sole property ofthe City, and the City is vested with all rights therein.
The Contractor waives all rights of copyright in said design, report, inventory list, compilation,
drawing, specification, technical data, recommendation, model, schedule and other instrument
produced by the.Contractor in the performance of this Agreement, and hereby assigns and conveys
the same to the City whether in the possession or control ofthe Contractor or not.
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6.7 Interpretation. Both the City and the Contractor have participated in the drafting of all
parts ofthis Agreement. As a result, it is the intent ofthe parties that no portion of this Agreement
shall be interpreted more harshly against either of the parties as the drafter.
6.8 Amendment of Agreement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
6.9 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable, or unconstitutional word,
sentence, or paragraph did not exist.
6.10 Additional Assurances. The Contractor certifies that:
(a) No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement
is presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from participation in the provision of transportation
activities by any Federal, State, or local governmental commission,
department, corporation, subdivision, or agency;
(b) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
employee, or agent has employed or otherwise provided compensation to, any
employee or officer of the City; and
(c) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
employee or agent has willfully offered an employee or officer ofthe City any
pecuniary or other benefit with the intent to influence the employee or
officer's official action or judgment.
6.11 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
6.12 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either oral
or written, and all such matters shall be deemed merged into this Agreement.
6.13 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed regarding the City's potential liability under state or federal law.
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ARTICLE 7
TIME
7.1 Time of the Essence. The Contractor acknowledges and agrees that time is of the
essence for the completion of the Services to be performed under this Agreement.
7.2 Timelv Performance. Contractor shall timely perform all scheduled pick-up and drop-
off services in accordance with any schedule provided by City to Contractor under this Agreement.
In the event Contractor fails to conduct any pick-up or drop-off services within fifteen (15) minutes
of the scheduled time for such services, Contractor shall be deemed late or below standard in
providing such services. If City determines in its sole discretion and based upon a comparison of
logs, schedules or manifests that Contractor is below standard on more than five percent (5%) ofthe
pick-up/drop-off services provided to City under this Agreement during any quarterly period (90
days), such failure to perform shall constitute a default under this Agreement upon written
notification of same being provided to Contractor. Upon receipt of such notification by City,
Contractor shall have thirty (30) days to cure such default by providing City with affirmative
documentation that the default has been cured within said time period and shall enter into
discussions with City to determine the proper methods to cure such default. Such documentation
shall be delivered to City and, in its sole discretion, City shall determine whether the default has been
cured.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
8.1 Worker's Compensation. Upon the effective date of this Agreement, Contractor shall
provide proof of worker's compensation insurance in the minimum amounts required by law (if
required).
8.2 Motor Vehicles. Upon the effective date ofthis Agreement and in order to perform the
Services required hereunder, Contractor shall provide proof of automobile /fleet insurance to cover
claims for damages because of bodily injury or death of any person or property damage arising out
of the ownership, maintenance or use of any motor vehicle for the purposes of this Agreement. The
insurance shall have minimum limits of coverage of five hundred thousand dollars ($500,000.00)
per occurrence combined single limit for bodily injury liability and property damage liability and two
million dollars ($2,000,000.00) aggregate coverage.
8.3 General Liability/Owner's Protective Liability. Upon the effective date of this
Agreement, Contractor shall submit proof of general liability and owner's protective liability
insurance to cover claims for general liability because of bodily injury or death of any person or
property damage arising out of this Agreement or any Services provided hereunder. The insurance
shall have minimum limits of coverage of one million dollars ($1,000,000.00) per occurrence and
two million dollars ($2,000,000.00) general aggregate coverage.
8.4 This paragraph shall be applicable to Sections 8.1, 8.2 and 8.3. The insurance required
by this Article shall include the liability and coverage provided herein, or as required by law,
whichever requirements afford greater coverage. All of the policies of insurance so required to be
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purchased and maintained for the certificates (or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be canceled, materially changed or renewal
refused until at least thirty (30) days' prior written notice has been given to the City and the
Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until
final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing
insurance policies as "additional insured." The Contractor shall cause its insurance carriers to
furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto,
the expiration dates of such policies, and a statement that no insurance under such policies will be
canceled without thirty (30) days' prior written notice to the City in compliance with other provisions
of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall
continuously maintain such insurance in the amounts, type, and quality as required by Sections 8.1,
8.2, and 8.3. In the event Contractor fails to maintain said insurance, City, at its option, may elect
to terminate this Agreement by written notice to Contractor.
8.5 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Contractor's performance of any Services provided
pursuant to this Agreement.
The indemnification provided above shall obligate the Contractor to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all
claims ofliability and all suits and actions of every name and description that may be brought against
the City or its employees, officers, and attorneys which may result from the Services under this
Agreement whether the Services be performed by the Contractor or anyone directly or indirectly
employed by them. In all events the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this indemnification
provided herein. This paragraph 8.5 shall survive termination of this Agreement.
8.6 Standard of Care. In performing its professional services hereunder, the Contractor
will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable
members of its profession practicing in the same or similar locality.
ARTICLE 9
TERMINATION OF THE CONTRACT
9.1 Termination or Suspension By City. The City may, at its sole discretion terminate or
otherwise suspend the services provided under this Agreement for convenience, at any time, without
penalty whatsoever, by providing written notice oftermination to Contractor. Upon termination of
this Agreement, the City shall pay the Contractor, as full payment for all Services performed and all
expenses incurred, sums due and owing to the Contractor for payment of all Services completed to
the City's satisfaction through the termination date as provided in this Agreement. Any payment due
shall be subject to the Contractor supplying the City with detailed invoices as described in this
Agreement. Upon notice of termination, the Contractor shall cease all Services being provided
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hereunder unless otherwise directed by City in writing. In the event the City does not appropriate
sufficient funding in its annual budget for the continuation of services under term ofthis Agreement
or any renewal thereof, the City shall be permitted to terminate this Agreement without any penalty
whatsoever.
9.2 Termination by Contractor. With at least five (5) days written notice to the City,
Contractor may terminate this Agreement ifthe City fails to make any payment of compensation due
Contractor under this Agreement.
9.3 Waiver. Failure ofthe City to insist upon performance within any time period or upon
a proper level or quality of performance shall not act as a waiver of the City's right to later claim a
failure to perform on the part of the Contractor.
ARTICLE 10
TERM OF AGREEMENT
10.1 Term. The term ofthis Agreement shall commence on April 1, 2003 and end on 12:01
midnight of September 30,2003.
10.2 Renewal. Contractor may, upon approval of City, elect to renew this Agreement for
one (1) additional one (1) year term or as otherwise modified and agreed upon in writing by City and
Contractor, by providing written notice to City not later than sixty (60) days prior to the expiration
of this Agreement. The City Manager may approve a renewal of this Agreement provided the
Contractor has remained in full compliance with its terms and has not committed any default or
breach of any term, obligation or other responsibility under the Agreement. Any renewal ofterm is
contingent upon the City allocating sufficient funding in its annual budget for the continuation of
services to be provided hereunder. Nothing contained herein shall be construed to obligate the City
to renew this Agreement in the event the City does not appropriate sufficient funds in its annual
budget for the continuation of transportation services under this Agreement.
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
Ronald W. McLemore
City Manager
Dated:
CONTRACTOR:
MV TRANSPORTATION, INC.
By:
Jon Monson
President and CEO
Dated:
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EXHIBIT "A"
SCOPE OF SERVICES
Pursuant to the terms and conditions of the Agreement, Contractor shall provide Services in
accordance with the following minimum requirements as set forth herein:
1. General Service Parameters
(a) Provide transportation services for the City of Winter Springs, Florida Senior
Transportation Program ("Program") within the City limits of Winter Springs and
shall be further limited to providing such services to and from the Winter Springs
Senior Citizen Center and the homes ofthose residents eligible to participate in the
Services being provided.
(b) Provide transportation to and from the Winter Springs Senior Citizen Center shall be
limited to allowing participation in senior citizen programs held at the Winter
Springs Senior Citizen Center, provided the programs are sponsored by either the
City of Winter Springs or the Winter Springs Senior Center, Inc.
(c) Adhere to and strictly follow those service policy guidelines, service parameters and
eligibility requirements set forth in City of Winter Springs Resolution 2002-34, a
copy of which is attached hereto and incorporated herein as Exhibit "B."
2. Provision of Equipment and Personnel
(a) Operate the Program utilizing, at the sole discretion of the City, either a 15+
passenger and wheelchair accessible wheelchair van or minibus together with
sufficient drivers, dispatch and supervisory services, maintenance, fuel, and
Insurance.
(b) Dedicate upper-level management, accounting, human resources support, and
vendors to assist and support the provision of services by Contractor for the Program.
3. Qualified Drivers and Contractor Staff.
(a) Provide qualified drivers for the Program who possess and maintain an active, valid
driver license issued by the State of Florida for the size and type ofvehic1e desired
to be used by the City.
(b) Conduct a criminal background history screen, at its sole expense, on each driver
participating in the Program and prohibit the use of any driver whose criminal history
reflects any felony conviction for any crime involving controlled substances, violence
or any crime or traffic violation involving the use of a commercial vehicle, whether
adjudication is withheld or not, under the laws of the State of Florida or any other
state.
Exhibit "A"
Page 1 of4
(c) Drivers shall have no more than three (3) moving violations or any chargeable traffic
accident with the three (3) year period prior to participating as a driver in the
Program.
4. Drue and Substance Abuse Programs.
(a) Require the participation of all drivers in Drug & Alcohol Free and Substance Abuse
Prevention Programs offered by the Contractor and any other applicable drug
screening procedures required by local, state or federal law, rule or regulation.
5. Appearance and Grooming.
(a) Ensure that all Contractor staff, including drivers, having face-to-face contact with
any rider or participant of the Program, shall be in uniform and conspicuously wear
a name tag at all times, which contains the person's name and badge number. All
Contractor staff shall be courteous and present a neat, professional appearance at all
times and shall adhere to a code of personal grooming and hygiene as established and
agreed upon by City and Contractor.
(b) Contractor's dispatcher shall ensure that the requirements set forth under this
subsection are complied with each service day prior to providing transportation
services for the Program.
6. Continuing Training Requirements
(a) Ensure that all Drivers participating in the Program have successfully completed the
Professional Driver Training Program, totaling ninety-six (96) hours of classroom
and "behind-the-wheel" training offered by Contractor prior to participating in the
Program and any other applicable training required by local, state or federal law, rule
or regulation.
(b) Provide continuing and refresher training during the term of the Program for any
personnel participating therein, including but not limited to passenger and customer
assistance, sensitivity, on-road, and other training intended to improve the overall
quality of service to be provided by Contractor.
(c) Timely perform transportation services under the Program and shall designate
supervisory staff to ensure on-time services to customers of the Program.
7. Service Disruptions and Breakdowns
(a) Use its "best efforts" to prevent service disruptions due to absenteeism and shall
provide "back-up" or extra board drivers to undertake any scheduled services, routes,
pick-ups to be performed under the Program.
Exhibit "A"
Page 2 of 4
(b) Use its "best efforts" to prevent service disruptions due to breakdowns or accidents.
In furtherance, Contractor shall employ the use of "ready" or "back-up" vehicles to
immediately undertake the interrupted route or service being provided to ensure their
completion.
(c) Utilize road supervisors to monitor and observe "on-road" operations throughout the
service period in order to assist in the coordination of serVices and to ensure the safe
and efficient transportation of passengers.
8. V ehicle Maintenance and Repairs
(a) Provide for the timely and efficient scheduling of services by creating a daily route
manifest in order to handle all pre-scheduled requests for services. The manifests
shall be finalized the day before the services are to be provided and all participating
drivers shall be notified by a dedicated operations supervisor of each route schedule.
(b) Properly maintain and equip all vehicle to be used for transportation services for the
Program to ensure the health, safety and comfort of the passengers utilizing the
Program. In furtherance, Contractor shall provide required vehicle maintenance and
general repairs in addition to daily vehicle inspections to further this purpose and
shall comply with all safety and sanitation standards as required by local, state, or
federal, law, rules or regulations relating to providing transportation disadvantaged
servIces.
(c) Ensure that each driver performs a daily vehicle inspection (pre-trip and post-trip)
prior to a vehicle entering into service each day, which shall be supervised and
documented by a road supervisor prior to pullout at Contractor's facilities.
(d) Ensure that no vehicle is utilized under the Program if any defect or damage is
discovered that may jeopardize or compromise the safety and comfort of the
passengers to be transported and shall immediately document such defect or damage
and, ifnecessary, immediately place the vehicle "out of service" until such repairs are
made to remedy or correct the defect or damage.
(e) Provide preventive maintenance inspections and service to each vehicle used or
intended to be used for the Program. Such inspections and service shall be
performed every 3,000 miles. After 21,000 miles of service, Contractor will ensure
the vehicle undergoes a "C Inspection". Any damage, defects, or required repairs
shall be documented and thereafter corrected prior to returning a vehicle to service
and no vehicle shall be permitted to operate without the performance of a scheduled
preventive maintenance inspection.
(t) Maintain the interior and exterior of its vehicles to ensure the health, safety and
comfort of passengers utilizing the Program and shall perform necessary-inspections
to ensure compliance therewith.
Exhibit "A"
Page 3 of 4
9. Records and Reporting.
(a) Contractor shall provide, upon request of City, any papers, documents, reports or
repair orders, reflecting the repair history, maintenance or breakdown of any vehicle
used by Contractor for the Program.
(b) Contractor shall maintain and make available, upon the request of City, all reports,
records, documents, logs or papers required to be maintained pursuant to applicable
local, state, or federal law, rules or regulations in order to comply with the City's
reporting requirements pursuant to Chapter 427, Florida Statutes.
(c) Shall promptly notify the City of any person utilizing the Program who fails to abide
by the service policy operating guidelines in accordance with City of Winter Springs
Resolution No. 2002-34.
(d) Maintain a log and document odometer readings for each vehicle to be used under
the Program and provide such documentation to City at its request.
Exhibit "A"
Page 4 of 4
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EXHIBIT "B" , "
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RESOLUTION NO. 2002-34
A RESOL1JTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA? RELATING TO
THE CITY ,OF WINTER SPRINGS, FLORIDA SENIOR
TRANSPORTA TION PROGRAM; PR9VIDING FOR THE
ESTABLISHMENT OF THE SENIOR TRANSPORTATI.oN
PROGRAM; PROVIDING ELIGIBILITY REQUIREMENTS;
PROVIDING SERVICE PARAMETERS; PROVIDING'F.oR
RULES OF SERVICE; PROVIDING FOR THE REPEAL .oF
PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs provides a variety of educational, social, ilnd
entertainment programs for the benefit of its senior citizens at the Winter Springs Senior Citizen
Center; and . .
WHEREAS, the City Commission believes such programs are important and advantageous
to the social" mental, and physical health of its senior citizens; and
WHEREAS, the City Commission recognizes that many of its senior citizens no longer can
provide their own transportation, and as such may be unable to eJ~oy and benefit from the programs
provided at the Winter Springs Senior Citizen Center; and
WHEREAS, in acknowledgment of the foregoing, the City Commission instructed City staff
to open lines of communication with the City's senior citizens to determine if a need existed for the
City to provide transportation for its seniors; and
WHEREA..S, .on or about March 27, 2002, a meeting was held at the Winter S'prings Senior
Center, attended. by various. City departments, a representa~ive of the State Board for the
. Transport(l,tion n'isadvantaged, representatives ofTuskawilla Trails, Hacienda Village, Winter Springs
Senior Center, Inc, and various other interested parties; and
\VHEREAS, the consensus of the meeting was that there was a definite need for
transportation services for seniors from their homes to the Winter Springs Senior Citizen Center and
back to ensure that all seniors who desired to participate in the programs provided would have the
ability to do so; and
'VHEREAS, the City Commission has determined it to be in the best interest of the health,
safety, and welfare of the citizens of the City of Winter Springs to establish the City of Winter
Springs, Florida Senior Transportation Progranl.
City of Winter Springs,Florida
Resolution /I 2002.34
Page 1 of 5
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
. CITY OF WINTER SPRINGS, SEMINOLE COUNTY; FLORIDA, AS FOLLOWS:
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Section 1.
..' resolution.
Recitals: The foregoing recitals are affirmed and incorporated as part of this
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. Section 2.
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Winter Springs Senior Transportation Pmgram:
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Establishment of the . City. .of Winter Springs. Florida Senior
Transportation Program:
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The City Commission of the City of Winter Springs hereby establishes the City of Winter
Springs,' Florida Senior Transportation Program.
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n. Eligibility:
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All residents of the City of Winter Springs, who are fifty-five (55) years of age or older, are
eligible to participate in the City of Winter Springs, Florida Senior TransporfationProgram.
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Service Parameters:
1. The City of Winter Springs shall only provide transportation within the City
limits of Winter Springs.
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2. Transportation shall be limited to and from the Winter Springs Senior Citizen
Center and the eligible residents home.
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3, Transportation shall be limited to senior citizen programs held at the Winter
Springs Senior Citizen Center, provided the programs are sponsoreci by either
the City of Winter Springs or the Winter Springs Senior Center, Iric.
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4, The Winter Springs City Commission reserves the absolute right, at its sole
discretion, to suspend or cancel the Winter Springs Senior Transportation
Program at any time, without notice and for any reason.
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Service Policy:
1.
Transportation to and from thcWinter Springs Senior Citizen Center will be
available before and after, morning, afternoon, and full-day programs.
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AlI.transportation must be scheduled in advance. To schedule transportation
the requesting senior must call the Winter Springs Senior Citizen Center, one
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City of Winter Springs, Florida
Resolution II 2002-34
Page 2 of 5
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(1) business day before a required pick-up, between the hours of8:00 A.M,
'and 10: A.M" Monday through Friday, 'excluding City recognized holidays,
and indicate whether they will be attending a morning, afternoon, or full-day
program.
Due to a limited number of seats, and routing requirements, transportation
will only be available as scheduled~
a.
For transportation to the Winter Springs Senior Citizen Center,
seniors must be prepared for pick-up fifteen minutes in advance of the
scheduled time. If the senior is not prepared for pick-up at the time
of arrival,the driver may wait no more than five (5) minutes, after
which the driver must proceed to the next ,pick-up. If a senior is
unprepared at'the appointed time, 'and the'vehicle mustleavewithout-
the senior, the 'scheduled ride shall be noted as a "no-show."
b.
For transportation from the Winter Springs Senior Citizen Center, the
vehicle will leave only at the conclusion of the morning, afternoon or
full-day program, as scheduled by the senior. If a senior must leave
the pro~ni.m prior to its conclusion, the senior must arrange their own
transportation home.
Seniors should be prepared to take all necessary items with them, such
as medication and dietary needs, which may be needed during the
scheduled programs.
4. If the senior decides to cancel or reschedule a trip, the senior must notify the
Winter Springs Senior Citizen Center at least one (1) hour before the
scheduled transport. Failure to cancel a scheduled transport will be
considered a "no-show."
5. .. Ifa participating senior accrues five (5) "no-show" notations, within a twelve
(12) month period, the senior's 'eligibility for the City of Winter Springs
Senior Transportation Program will be suspended for six (6) months.
6. Behavior, such as but not limited to, abusive language and conduct, fighting,
arguing, or violence of any kind will not be tolerated.
7. No weapons, including but not limited to, guns or knives shall be allowed to
be carried by any participating senior upon the vehicle.
8.
No pets, except seeing eye dogs shall be allowed to accompany the
participating senior.
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City ofWinler Springs, Florida
Resolution /I 2002-34 ,
Page 3 of 5
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No luggage or other carry-on baggage shall be allowed, other than handbags
or umbrellas.
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I O. Smoking shall not be allowed on the senior transportation vehicles.
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II. If a senior is in need of assistance to and. from the vehicle, the senior may
bring an aide. Such an aide shall act as a personal care assistant and not
merely a companion, and must be picked-up and dropped-off at the home of
the senior.
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12. No unscheduled stops will be permitted by the driver. The use of the
transportation is for the specific purpose of attending and returning from
, programs at the Winter Springs Senior Citizen Center. Examples of stops not
permitted under this program include dmgstore, grocery store, restaurants~
doctors and dental offices, or the residence of a friend or family member.
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13.
If an emergency occurs while a senior is being transported under this program
. and medical attention is required, the driver will call 9-1-1, the transportation
provider's office, and the Winter Springs Senior Citizen Center to report the,
incident.
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Any violation of the policies established by this Resolution by any
participating senior could result in the suspension or revocation of that
participating senior's privilege to LIse the Winter Springs Senior
Transportation Program.
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Section 3. Administrative Rilles: The City Manager is hereby authorized to adopt
written administrative mles to implement the policies and, procedures set forth in this
Resolution. ' Such administrative rules shall not be in conflict with this Resolutio,n.
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Section~.' Repeal of Prior Inconsistent Resolutions: All prior inconsi~tent resolutions
adopted by the City Commission are hereby repealed.
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Section 5. Severabilitv: if any section, clause, phrase, word, or provision is for any
reason held invalid or unconstitutional by a court of competen't jurisdiction, whether for
substantive or procedural reasons, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions
of this resolution.
Section 6. Effective Date: This resolution shall become effective immediately upon
passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
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City of Winter Springs, Florida
Resolution # 2002.34
Page 4 of 5
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DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida this 11 thday of . November' 2002.
AS TO FORM AND
FICIENCY:
ANTHONY A. GARGANESE, City Attorney
F:\Lawyer\jeI1bICity of Winter SpringsIResolutio/l5\SeniorTransporProg_ Final. wpd
. Cily ofWinler Springs, Florida
Resolution # 2002-34
Page 5 o(S .
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TRANSPORTATION DISADVANTAGED SERVICES
AGREEMENT
THIS AGREEMENT is made this~ay of IlItYtA 'Leo J , by and between the
CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is
1126East State Road 434, Winter Springs, Florida ("City"), andMVTRANSPORTATION, INC.,
a California Corporation registered and doing business in the State of Florida, whose principal
address is 360 Campus Lane, Suite 201, Fairfield, California, 94585 ("Contractor").
RECITALS:
WHEREAS, the City, on.November 11, 2002, adopted Resolution No. 2002-34, which
acknowledged and recognized a present need to provide transportation services for those senior
citizens who, because of physical or mental disability, handicap, income status, or age, are unable
to transport themselves or purchase transportation in order to participate in a variety of social and
entertainment activities and programs offered by the City at the Winter Springs Senior Citizen
Center; and
WHEREAS, the City Commission is granted the authority, under S 2(b), Art. VIII of the
State Constitution; to exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, the City desires to design, develop and provide transportation services for its
senior citizens within its municipal boundaries pursuant to Chapter 427, Florida Statutes; and
WHEREAS, the Contractor desires to provide to the City certain transportation services in
order to further the City's needs and its goals under the terms and conditions set forth in this
Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
. 1.1 Definitions. For purposes ofthis Agreement, the following terms and words shall have
the meaning ascribed to them, unless the context clearly indicates otherwise.
(a) "Agreement" or "Contract" shall be used interchangeably and shall refer to
this Agreement, as amended from time to time, which shall constitute
authorization for the Contractor to provide the services stated herein to the
City.
(b) "City" is the City of Winter Springs, Florida, a Florida Municipal
Corporation.
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(c)
"Contractor" shall mean MV Transportation, Inc. and any employees, contractors,
or agents thereof.
(d) "Effective Date" shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement
shall go into effect. The Agreement shall not be effective against any party
until said date.
(e) "Public Record" is as described in Section 119.011(1), Florida Statutes.
(f) "Services" shall include the performance of the Services outlined in Article
2 of this Agreement.
1.2 En~aeement. The City hereby engages the Contractor and the Contractor agrees to
perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present
agreements or representations shall be binding upon any oftheparties hereto unless incorporated in
this Agreement.
1.3 Due Dilieence. The Contractor acknowledges that it has investigated prior to execution
of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of
equipment and labor, the cost thereof, the requirements to obtain necessary insurance and satisfy all
operational requirements as set forth herein, and the steps necessary to complete the Services within
the time set forth herein. The Contractor warrants unto the City that it has the competence and
abilities to carefully and faithfully complete the Services within the time set forth. The Contractor
will perform its Services with due and reasonable diligence consistent with sound professional
practices.
1.4 CCNA Services. The Contractor warrants unto the City that the Services being
performed pursuant to this Agreement does not constitute professional services as defined by Section
287.055(2)(a), Florida Statutes.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. Contractor shall provide transportation services within the
municipal limits of the City of Winter Springs for those persons age fifty-five (55) or older
participating in the City of Winter Springs, Florida Senior Transportation Program and such services
shall be limited to and from the Winter Springs Senior Citizen Center and the eligible residents'
homes. A full description and scope of the Services to be performed under this Agreement is
attached as Exhibit "A", a copy of which is hereby incorporated by reference to this Agreement.
2.2 Professionalism. The Contractor shall do, perform and carry out in a professional
manner all Services required to be performed by this Agreement.
2.3 Submittal of Pro~ress Reports. Upon request by the City, Contractor shall submit
a written progress report as to the status of all Services set forth in this Agreement. The report shall
Page 2 of 11
?- . .
:- in a sufficient manner demonstrate what services were performed under this Agreement. Ifthe detail
is not sufficient in the City Manager's reasonable discretion to permit the City to determine the
Services performed or the manner in which it is being performed, the City may seek more detail from
the Contractor.
2.4 Warranty of Professional Services. The Contractor hereby warrants unto the City that
it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise and
direct the Services, using its best skill and attention and shall enforce strict discipline and good order
among its employees. The Contractor shall comply with all laws, ordinances, rules, regulations, and
lawful orders of any public authority hearing on the performance ofthe Services, including but not
limited to compliance with any applicable rules or regulations required by the community
transportation coordinator pursuant to its authority under Chapter 427, Florida Statutes, for the
provision of disadvantaged transportation services. The Contractor shall pay all taxes, fees, license
fees required by law, including but not limited to occupational fees and withholding taxes and
assume all costs incident to the Services, except as provided herein.
ARTICLE 3
COMPENSATION. PAYMENT TERMS
3.1 Compensation. For the performance and full completion of the Services specified
herein, City agrees to pay an hourly rate not to exceed $43.24 per hour with the total amount of
compensation to Contractor not to exceed $20,000.00 during the term of this Agreement. There
shall be no other compensation due Contractor for the Services provided under this Agreement,
unless specifically agreed to by the City in writing.
3.2 Invoices and Payment Terms. Contractor shall submit to the City detailed invoices for
all Services incurred under this Agreement and shall be due and owing Contractor "Net 30 Days"
from the receipt of invoice by City.
3.3 Calculation of Hourlv Compensation. Contractor shall be entitled to the hourly rate
set forth herein and calculated on the basis of a "one hour minimum" for each route performed by
Contractor. Route time will be billed from the first scheduled pick-up to the last drop-off, including
all waiting time but in no event shall any time calculation include driving time from pullout of
Contractor's facilities to the first scheduled pick-up or return from the last drop-offto Contractor's
facilities, which are located at 9313 Bachman Road. All work hours and schedules shall be arranged
and approved in advance by City.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission of the City of
Winter Springs, the City Manager shall have authority to reject Services as not conforming to this
Agreement.
Page 3 of 11
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4.2 Services is a Private Undertaking. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and the Contractor is such that the Contractor is an
independent contractor and not an agent of the City. The Contractor is an independent contractor
and not an employee of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the City, on one hand, and the
Contractor, during or after the performance of the Services under this Agreement.
4.3 City's Responsibilities. The City shall cooperate with the Contractor by:
(a) Designating a person with authority to act on the City's behalf on all matters
concerning the Services being provided hereunder;
(b) Furnish to the Contractor a copy of all available reservation logs, special
requests, reports, and other data pertinent to the Services and in the
possession of the City;
(c) Arrange for access to public and private property by the Contractor as
necessitated by the Services. .
(d) Arrange for and provide personnel to undertake reservation and scheduling services
at the City of Winter Springs Senior Citizen Center and transmit such information
to Contractor the day prior to the requested transportation to be performed by
Contractor.
4.4 Permits. Licenses. Certifications. The Contractor shall be responsible, at its sole
expense, to obtain any and all local, state, or federal permits, licenses or certifications required for
the performance of the Services to be provided under this Agreement and shall provide a copy of
same to the City prior to the commencement of this Agreement.
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Contractor shall not assign, sublet, or transfer any rights or Services under or interest
in (including, but without limitations, monies that may become due) this Agreement without the
written consent ofthe City, except to the extent that any assignment, sublet, or transfer is mandated
by law or the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to any assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement. Further, the Contractor shall not
subcontract any portion or all ofthe Services without the written consent ofthe City. Nothing under
this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other
than the City and the Contractor, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit ofthe City and the Contractor and not for the
benefit of any other party.
Page 4 of 11
~
5.2 The City reserves the right to perform any Services related to this Agreement.
5.3 Any costs caused by defective or ill-timed Services shall be borne by the party
responsible therefor.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governine Law: Venue. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of the Services is
Seminole County. If any dispute concerning this Contract arises under Federal law, the venue will
be Orlando, Florida.
6.2 Contractor's Representative. The Contractor shall designate an individual to act as
a representative for the Contractor under this Agreement with the authority to transmit instructions,
receive information, and make or interpret the Contractor's decisions. This person shall be the
Contractor's contract administrator. The Contractor may from time to time designate other
individuals or delete individuals with the authority to act for the Contractor under this Agreement
with the authority to transmit instructions, receive information, and make or interpret the Contractor's
decisions. All deletions or designation of individuals to serve as a representative shall be given by
written notice.
6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals,
and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by
hand delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
Mr. Ronald W. McLemore
City Manger
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl. 32708-2799
407-327-5957 (Phone)
407-327-6686 (Fax)
w/copy to:
Anthony A. Garganese
City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson St., Ste. 660
P.O. Box 2873
Orlando, FL. 32802-2873
407-425-9566 (Phone)
407-425-9596 (Fax)
Page 5 of 11
TO THE CONTRACTOR:
MV Transportation, Inc.
J on Monson, President and CEO
360 Campus Lane, Ste. 201
Fairfield, CA 94534-1400
707-863-8980 (phone)
707-863-8944 (Fax)
Notice shall be deemed to have been given and received on the date the notice is physically received
if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice
shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth
herein may unilaterally change the name of the person to whom notice is to be given or the address
at which notice is to be received.
6.4 Public Record. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing ofthe Contractorrelated,
directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the
possession or control of the City or the Contractor. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Contractor is
subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval of the City. Upon request by the City, the Contractor shall promptly supply
copies of said public records to the City. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall at any and all reasonable times during the normal
working hours of the Contractor be open and freely exhibited to the City for the purpose of
examination and/or audit.
6.5 Reuse of Documents. All documents, including but not limited to, proposals,
specifications and data, or programs stored electronically or otherwIse, prepared by the Contractor
pursuant to this Agreement or related exclusively to the services described herein (if any) may be
reused by the City for any reason or purpose at anytime.
6.6 Ownership of Documents. The City and the Contractor agree that upon payment of fees
due to the Contractor by the City for a particular design, report, inventory list, compilation, drawing,
specification, model, recommendation, schedule or otherwise, said design, report, inventory list,
compilation, drawing, specification, technical data, recommendation, model, schedule and other
instrument produced by the Contractor in the performance of this Agreement, or any Services
hereunder (if any), shall be the sole property ofthe City, and the City is vested with all rights therein.
The Contractor waives all rights of copyright in said design, report, inventory list, compilation,
drawing, specification, technical data, recommendation, model, schedule and other instrument
produced by the Contractor in the performance of this. Agreement, and hereby assigns and conveys
the same to the City whether in the possession or control of the Contractor or not.
Page 6 of 11
6.7 Interpretation. Both the City and the Contractor have participated in the drafting of all
parts ofthis Agreement. As a result, it is the intent of the parties that no portion of this Agreement
shall be interpreted more harshly against either of the parties as the drafter.
6.8 Amendment of Al:reement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
6.9 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable, or unconstitutional word,
sentence, or paragraph did not exist.
6.1 0 Additional Assurances. The Contractor certifies that:
(a) No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement
is presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from participation in the provision of transportation
activities by any Federal, State, or local governmental commission,
department, corporation, subdivision, or agency;
(b) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
employee, or agent has employed or otherwise provided compensation to, any
employee or officer of the City; and
(c) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this Agreement,
employee or agent has willfully offered an employee or officer ofthe City any
pecuniary or other benefit with the intent to influence the employee or
officer's official action or judgment.
6.11 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
6.12 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either oral
or written, and all such matters shall be deemed merged into this Agreement.
6.13 Sovereil:n Immunity. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed regarding the City's potential liability under state or federal law.
Page 7 of 11
ARTICLE 7
TIME
7.1 Time of the Essence. The Contractor acknowledges and agrees that time is of the
essence for the completion of the Services to be performed. under this Agreement.
7.2 Timely Performance. Contractor shall timely perform all scheduled pick-up and drop-
off services in accordance with any schedule provided by City to Contractor under this Agreement.
In the event Contractor fails to conduct any pick-up or drop-off services within fifteen (15) minutes
of the scheduled time for such services, Contractor shall be deemed late or below standard in
providing such services. If City determines in its sole discretion and based upon a comparison of
logs, schedules or manifests that Contractor is below standard on more than five percent (5%) of the
pick-up/drop-off services provided to City under this Agreement during any quarterly period (90
days), such failure tc perform shall constitute a default under this Agreement upon written
notification of same being provided to Contractor. Upon receipt of such notification by City,
Contractor shall have thirty (30) days to cure such default by providing City with affirmative
documentation that the default has been cured within said time period and shall enter into
discussions with City to determine the proper methods to cure such default. Such documentation
shall be delivered to City and, in its sole discretion, City shall determine whether the default has been
cured.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
8.1 Worker's Compensation. Upon the effective date ofthis Agreement, Contractor shall
provide proof of worker's compensation insurance in the minimum amoUnts required by law (if
required).
8.2 Motor Vehicles. Upon the effective date of this Agreement and in order to perform the
Services required hereunder, Contractor shall provide proof of automobile /fleet insurance to cover
claims for damages because of bodily injury or death of any person or property damage arising out
ofthe ownership, maintenance or use of any motor vehicle for the purposes ofthis Agreement. The
insurance shall have minimum limits of coverage of five hundred thousand dollars ($500,000.00)
per occurrence combined single limit for bodily injury liability and property damage liability and two
million dollars ($2,000,000.00) aggregate coverage.
8.3 General Liability/Owner's Protective Liability. Upon the effective date of this
Agreement, Contractor shall submit proof of general liability and owner's protective liability
insurance to cover claims for general liability because of bodily injury or death of any person or
property damage arising out of this Agreement or any Services provided hereunder. The insurance
shall have minimum limits of coverage of one million dollars ($1,000,000.00) per occurrence and
two million dollars ($2,000,000.00) general aggregate coverage.
8.4 This paragraph shall be applicable to Sections 8.1, 8.2 and 8.3. The insurance required
by this Article shall include the liability and coverage provided herein, or as required by law,
whichever requirements afford greater coverage. All of the policies of insurance so required to be
Page 8 of 11
purchased and maintained for the certificates (or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be canceled, materially changed or renewal
refused until at least thirty (30) days' prior written notice has been given to the City and the
Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until
final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing
insurance policies as "additional insured." The Contractor shall cause its insurance carriers to
furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto,
the expiration dates of such policies, and a statement that no insurance under such policies will be
canceled without thirty (30) days' prior written notice to the City in compliance with other provisions
of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall
continuously maintain such insurance in the amounts, type, and quality as required by Sections 8.1,
8.2, and 8.3. In the event Contractor fails to maintain said insurance, City, at its option, may elect
to terminate this Agreement by written notice to Contractor.
8.5 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Contractor's performance of any Services provided
pursuant to this Agreement.
The indemnification provided above shall obligate the Contractor to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all
claims ofliability and all suits and actions of every name and description that may be brought against
the City or its employees, officers, and attorneys which may result from the Services under this
Agreement whether the Services be performed by the Contractor or anyone directly or indirectly
employed by them. In all events the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this indemnification
provided herein. This paragraph 8.5 shall survive termination of this Agreement.
8.6 Standard of Care. In performing its professional services hereunder, the Contractor
will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable
members of its profession practicing in the same or similar locality.
ARTICLE 9
TERMINATION OF THE CONTRACT
9.1 Termination or Suspension By City. The City may, at its sole discretion terminate or
otherwise suspend the services provided under this Agreement for convenience, at any time, without
penalty whatsoever, by providing written notice oftermination to Contractor. Upon termination of
this Agreement, the City shall pay the Contractor, as full payment for all Services performed and all
expenses incurred, sums due and owing to the Contractor for payment of all Services completed to
the City's satisfaction through the termination date as provided in this Agreement. Any payment due
shall be subject to the Contractor supplying the City with detailed invoices as described in this
Agreement. Upon notice of termination, the Contractor shall cease all Services being provided
Page 9 of II
hereunder unless otherwise directed by City in writing. In the event the City does not appropriate
sufficient funding in its annual budget for the continuation of services under term of this Agreement
or any renewal thereof, the City shall be permitted to terminate this Agreement without any penalty
whatsoever.
9.2 Termination by Contractor. With at least five (5) days written notice to the City,
Contractor may terminate this Agreement ifthe City fails to make any payment of compensation due
Contractor under this Agreement.
9.3 Waiver. Failure ofthe City to insist upon performarice within any time period or upon
a proper level or quality of performance shall not act as a waiver ofthe City's right to later claim a
failure to perform on the part of the Contractor.
ARTICLE 10
TERM OF AGREEMENT
10.1 Term. The term of this Agreement shall commence on April 1, 2003 and end on 12:01
midnight of September 30, 2003.
10.2 Renewal. Contractor may, upon approval of City, elect to renew this Agreement for
one (1) additional one (1) year term or as otherwise modified and agreed upon in writing by City and
Contractor, by providing written notice to City not later than sixty (60) days prior to the expiration
of this Agreement. The City Manager may approve a renewal of this Agreement provided the
Contractor has remained in full compliance with its terms and has not committed any default or
breach of any term, obligation or other responsibility under the Agreement. Any renewal of term is
contingent upon the City allocating sufficient funding in its annual budget for the continuation of
services to be provided hereunder. Nothing contained herein shall be construed to obligate the City
to renew this Agreement in the event the City does not appropriate sufficient funds in its annual
budget for the continuation of transportation services under this Agreement.
[THIS PAGE INTENTIONALLY LEFf BLANK]
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
J2~k/'~
Ronald W. McLemore .
City Manager
Dated: March 27, 2003
CONTRACTOR:
MV TRANSPORTATION, INC.
4~
. n Monson
President and CEO
J(;0IU /l tit K/I
fh/~f- Ojt'rah/Vj Of/JtA'Y
Dated: 3.- ZS-o 3
Page 11 of 11
EXHIBIT" A"
SCOPE OF SERVICES
Pursuant to the terms and conditions of the Agreement, Contractor shall provide Services in
accordance with the following minimum requirements as set forth herein:
1. General Service Parameters
(a) Provide transportation services for the City of Winter Springs, Florida Senior
Transportation Program ("Program") within the City limits of Winter Springs and
shall be further limited to providing such services to and from the Winter Springs
Senior Citizen Center and the homes of those residents eligible to participate in the
Services being provided.
(b) Provide transportation to and from the Winter Springs Senior Citizen Center shall be
limited to allowing participation in senior citizen programs held at the Winter
Springs Senior Citizen Center, provided the programs are sponsored by either the
City of Winter Springs or the Winter Springs Senior Center, Inc.
(c) Adhere to and strictly follow those service policy guidelines, service parameters and
eligibility requirements set forth in City of Winter Springs Resolution 2002-34, a
copy of which is attached hereto and incorporated herein as Exhibit "B."
2. Provision of Equipment and Personnel
(a) Operate the Program utilizing, at the sole discretion of the City, either a 15+
passenger and wheelchair accessible wheelchair van or minibus together with
sufficient drivers, dispatch and supervisory services, maintenance, fuel, and
Insurance.
(b) Dedicate upper-level management, accounting, human resources support, and
vendors to assist and support the provision of services by Contractor for the Program.
3. Qualified Drivers and Contractor Staff.
(a) Provide qualified drivers for the Program who possess and maintain an active, valid
driver license issued by the State of Florida for the size and type of vehicle desired
to be used by the City.
(b) Conduct a criminal background history screen, at its sole expense, on each driver
participating in the Program and prohibit the use of any driver whose criminal history
reflects any felony conviction for any crime involving controlled substances, violence
or any crime or traffic violation involving the use of a commercial vehicle, whether
adjudication is withheld or not, under the laws of the State of Florida or any other
state.
Exhibit "A"
Page I of 4
(c) Drivers shall have no more than three (3) moving violations or any chargeable traffic
accident with the three (3) year period prior to participating as a driver in the
Program.
4. Drug and Substance Abuse Proerams.
(a) Require the participation of all drivers in Drug & Alcohol Free and Substance Abuse
Prevention Programs offered by the Contractor and any other applicable drug
screening procedures required by local, state or federal law , rule or regulation.
5. Appearance and Groomine.
(a) Ensure that all Contractor staff, including drivers, having face-to-face contact with
any rider or participant ofthe Program, shall be in uniform and conspicuously wear
a name tag at all times, which contains the person's name and badge number. All
Contractor staff shall be courteous and present a neat, professional appearance at all
times and shall adhere to a code of personal grooming and hygiene as established and
agreed upon by City and Contractor.
(b) Contractor's dispatcher shall ensure that the requirements set forth under this
subsection are complied with each service day prior to providing transportation
services for the Program.
6. Continuing Training Requirements
(a) Ensure that all Drivers participating in the Program have successfully completed the
Professional Driver Training Program, totaling ninety-six (96) hours of classroom
and "behind-the-wheel" training offered by Contractor prior to participating in the
Program and any other applicable training required by local, state or federal law , rule
or regulation.
(b) Provide continuing and refresher training during the term of the Program for any
personnel participating therein, including but not limited to passenger and customer
assistance, sensitivity, on-road, and other training intended to improve the overall
quality of service to be provided by Contractor.
(c) Timely perform transportation services under the Program and shall designate
supervisory staff to ensure on-time services to customers of the Program.
7. Service Disruptions and Breakdowns
(a) Use its "best efforts" to prevent service disruptions due to absenteeism and shall
provide "back-up" or extra board drivers to undertake any scheduled services, routes,
pick-ups to be performed under the Program.
Exhibit "A"
Page 2 of 4
(b) Use its "best efforts" to prevent service disruptions due to breakdowns or accidents.
In furtherance, Contractor shall employ the use of "ready" or "back-up" vehicles to
immediately undertake the interrupted route or service being provided to ensure their
completion.
(c) Utilize road supervisors to monitor and observe "on-road" operations throughout the
service period in order to assist in the coordination of services and to ensure the safe
and efficient transportation of passengers.
..s. Vehicle Maintenance and Repairs
(a) Provide for the timely and efficient scheduling of services by creating a daily route
manifest in order to handle all pre-scheduled requests for services. The manifests
shall be finalized the day before the ~ervices are to be provided and all participating
drivers shall be notified by a dedicated operations supervisor of each route schedule.
(b) Properly maintain and equip all vehicle to be used for transportation services for the
Program to ensure the health, safety and comfort of the passengers utilizing the
Program. In furtherance, Contractor shall provide required vehicle maintenance and
general repairs in addition to daily vehicle inspections to further this purpose and
shall comply with all safety and sanitation standards as required by local, state, or
federal, law, rules or regulations relating to providing transportation disadvantaged
servIces.
(c) Ensure that each driver performs a daily vehicle inspection (pre-trip and post-trip)
prior to a vehicle entering into service each day, which shall be supervised and
documented by a road supervisor prior to pullout at Contractor's facilities.
(d) Ensure that no vehicle is utilized under the Program if any defect or damage is
discovered that may jeopardize or compromise the safety and comfort of the
passengers to be transported and shall immediately document such defect or damage
and, ifnecessary, immediately place the vehicle "out of service" until such repairs are
made to remedy or correct the defect or damage.
(e) Provide preventive maintenance inspections and service to each vehicle used or
intended to be used for the Program. Such inspections and service shall be
performed every 3,000 miles. After 21,000 miles of service, Contractor will ensure
the vehicle undergoes a "C Inspection". Any damage, defects, or required repairs
shall be documented and thereafter corrected prior to returning a vehicle to service
and no vehicle shall be permitted to operate without the performance of a scheduled
preventive maintenance inspection.
(f) Maintain the interior and exterior of its vehicles to ensure the health, safety and
comfort of passengers utilizing the Program and shall perform necessary inspections
to ensure compliance therewith.
Exhibit "A"
Page 3 of 4
9. Records and Reportine.
(a) Contractor shall provide, upon request of City, any papers, documents, reports or
repair orders, reflecting the repair history, maintenance or breakdown of any vehicle
used by Contractor for the Program.
(b) Contractor shall maintain and make available, upon the request of City, all reports,
records, documents, logs or papers required to be maintained pursuant to applicable
local, state, or federal law, rules or regulations in order to comply with the City's
reporting requirements pursuant to Chapter 427, Florida Statutes.
(c) Shall promptly notify the City of any person utilizing the Program who fails to abide
by the service policy operating guidelines in accordance with City of Winter Springs
Resolution No. 2002-34.
(d) Maintain a log and document odometer readings for each vehicle to be used under
the Program and provide such documentation to City at its request.
Exhibit "A"
Page 4 of 4
~ent.B'y: BROWN,WARD"SALZMAN&WEISS,P.A.,; 407 425 9596;
Mar-14-03 2:53PMj
Page 317
:"'----'
EXHIBIT IIBIl
'--.
RESOLUTION NO. 2002-34
A RESoLtl'nON 01(' TIlE CITY COMMISSION OF THE
(;I1'Y OF WINTER SPRINGS, FJ,ORIDA, RELATING TO
TIlE CITY OF WINTER SPRINGS, FLORIDA SENIOR
TRANSPORTATION PROGRAM; PROVIDlNG FOR TIlE
ESTABI~ISHMENT OF THE SENIOR TRANSPORTATION
PROGRAM; PROVIDING ELIGJBILn'Y REQ'UlREMENTS;
PROVIDING SERVICE PARAMETERS; PROVIDING FOR
RULES OF SERVICE; PROVIDING II'OR THE REPEAL OF
PRIORlNCONSISTENTRESOJ,UTIONS; AND PROVIDING
}'OR AN EFFECTIVE DATE.
WHEREAS, Lhe City of Winter Springs provides a variety of educational, social. and
enterlainment programs for the benefit of its senior citizens at the Winter Springs Senior Citizen
Ccnter; and
WHKREAS.. the City Commission believes such programs arc important and advantageous
to the social, mental, and physical health ofits'se~ior citizens; and
WHEREAS, the City Commission recognizes that, many of its senior citizens no longer can
provide their own transportation, and as such may be unable to enjoy and benefit from the programs
provided aL Lhe Wint~r Springs Senior Citizen Center; and
WHEREAS, ,in acknowledgment of the foregoing, the City Commission instructed City st(lff
to open lines of communication with the City's senior citizens to determine if a need existed for the
City to provide transportation for its seniors; and '
. WHEREAS, on or about March 27,2002, a meeting was held at thc Winter Springs Senior
Center" attended by various City departments, a representative of the State Board for the
Transportation Disadvantaged, reprcsentati ves ofTu~kawitIa Trails. Hacienda Village, Winter Springs
Senior Center, Inc. and various other interested parties; and
WHEREAS, the consensus of the meeting wac; that there was a definite 'need for
transportation services for seniors from their homes to the Winter Springs Senior Citizen Cemer amI
back to ensure that all seniors who desired to participate in the programs provided would have the
ability to do so; and
WHEREAS, the City Commission has determined it to be in the best interest of the health,
safety, and welfare of the citizens of the City of Winter Springs to. establish the City of Winter
Springs, Florida Senior Transportation Program.
City of winter Sprlngll, Flnri.lA
Rewlution If 2002-34
Page I of 5
R e c e i V e d T i me Mar. 1 4, 11: 41 AM
ient.By: BRO~N,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-14-03 2:54PM;
Page 417
'--" '
NOW, THIU~EFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, 'FLORIDA, AS FOLLOWS:
Section 1.
resolution.
SeCtion 2.
Recitals: The foregoing n:citals are affirmed and incorporated as part of tius
Winter Sprini:s Senior Transportation Pruliran~:.
A. lCstablishmcnt' of the City of WhIter Sprines. Florida Senior
Transportation J~rogl'am:
The City Commission of the City of Winter Springs hereby establishes the City of Winler
Springs, Florida Senior Transportation Program,
B. Eligibilit,)': .
All residents of the City of Winter Springs, who arc fifty-five (55) years of age or older, are
eligible to participate in the City of Winter Spring!>, Florida Senior Transportation Program.
C. Service Parameters: .
1.
The City of Winter Springs shall only provide transportation within the City
limits of Winter Springs.
2.
Transportation shall be limited to and frum the Winter Springs Senior Citizen
Center Rnd the eligible residents home.
3.
Transportation shall be limited to senior citizen programs held at the Winter
Springs Senior Citizen Center, provided the programs are sponsored by either
the City of Winter Springs or the Winter Springs Senior Center, Inc.
4.
The .Winter Springs City Commission reserves the absolute right, at its sole
discretion, tc;> suspend or cancel the Winter Springs Se.oior Transportation
Program at any time, without notice and for any rcas,on.
. .
~
D. Service Policv:
1. Transportation to and from the Winter Springs Senior Citizen Cent.er will be
available before and after, monung, afternoon, and fuJJ~day programs.
2. All transportation must be scheduled in advance. To schedule traT1!\flortation
the requesting senior must call the Winter Springs Senior Citizen Center, one
City ofWilltet SP";Jlgs, Fhlri~
Resolution # 2002-34
Page 2 of ,
Received Time Mar. 14. 11 :41AM
lent'By: BR~WN,WARD,SALZMAN&WEISS,P.A.;
407. 425 9596;
Mar-14-03 2:54PM;
Page 517
"
'-'
(1) business day h~fort;: a re;:4uired pick-up, between the hour~ ofB:OO A.M.
and 10: A.M., Monday through Friday, excluding City recognized holidays,
and indicate whether they will be attending a morning, afternoon, or full-day
program.
3, Due to a limited number of seats, and routing requirements, transportation
will only be available as scheduled.
a. For transportation tO'the Winter Springs Senior Citizen Center,
seniors mU5t be prepared for pick-up fifteen minutes in advance ofthe
scheduled time, If the senior is not prepared for pick-up at the time
of arrival, the driver may wait no more tha.ri. five (5) niinutes, after
which the driver must proceed to the next pick-up, if a senior is
unprepared at the appointed ti.me, and the vehicle must. leave without
. the senior, the scheduled ride shall be noted as a "no-show."
b, For transportation from the Winter Springs Senior Citizen Center, the
vehicle will leave only at the conclusion of the morning, afternoon or
full-day program, as scheduled by the senior. If a senior must leave
the program prior to its conclusion, the ~enior must arrange their own
transpoltationhome.
c. Seniors should be prepared to take all necessary items with them, such
as medication and dietary needs, which may be needed during the
scheduled programs.
4. If the senior decides to canccI or reschedule a trip, the senior must notify the
Winter Springs Senior Citizen Center at least one (1) hour before the
scheduled transport. . Failure to cancel a scheduled transport will be
considered a. "no-show. ", .
5. .~ Ifa participating senior accrues five (5) "no-show" notations, within a twelve
(12) month perio~, the sen.ior's eligibility for the City of Winter Springs
Senior Transportation Program will be suspended tor six (6) months.
6. Behavior, such as but not limited to, abusive language and conducl, fighling,
arguing, or violence of any kind will not be tolerated.
7. No weapons, including but not limitep to, guns or knives shall bt: allowed to
be carried by any participating senior upon the vehicle.
8. No pets, except seeing eye dogs shall be allowed to accompany the
participating senior.
City of Winter Springs, Florida
R~s"llItion II 2002-34
PIlge 3 of 5
Received Time Mar,14. 11:41AM
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(1) business day h~fort;: a required pick-up, between the hours ofM:OO A.M,
and 10: A.M., Monday through Friday, excluding City rec()gni~ed holidays,
and indicate whether they will be attending a mornins, afternoon, or full-day
program.
3, Due to a limited number of seats, and routing requirements, transportation
will only be available as scheduled,
a. For transportation to' the Winter Springs Senior Citizen Center,
seniors mw.t be prepared for pick-up fifteen minutes in advance of the
scheduled time. If the senior is not prepared for pick-up at the time
of arrival, the driver may wait no more than five (5) mitlutes,after
which the driver must proceed to the next pick-up. If a senior is
unprepared at the appointed time, and the vehicle must leave without
the senior, the scheduled ride shall be noted as a "no-show."
b, For transportation from the Winter Springs Sen.ior Citizen Center, the
vehicle will leave only at the conclusion of the morning, afternoon or
full-day program, as scheduled by the senior. If a senior must leave
the program prior to its conclusion, the !>enior must arrange their own
transp01tation home.
c. Seniors should be prepared to take all necessary items with them, such
as medication and dietary needs, which may be needed during the
scheduled programs.
4. If the senior decides to cancel or reschedule a trip, the senior'must notify the
Winter Springs Senior Citi7.en Center at least one (1) hour betore the
scheduled transport. Failure to cancel a scheduled transport will be
considered a "no-show."
5. Ifa participating senior'accrues five (5) "nn-show" notations, within a twelve
(12) month period, the senior's eligibility for the City of Winter Springs
Senior Transportation Program will be suspended for six (6) months.
6. Behavior, such as but not limited to, abusive language and conducl, fighting,
arguing, or violence of any kind will not be tolerated.
7. No weapons, including but not limited to, guns or knives shall be;: allowed to
be carried by any participating senior upon the vehicle.
8. No pets, except seeing eye dogs shall be allowed to accompany the
participating SernOl'.
Cily of Winler Springs, FIDrida
. Resolution 112002-34
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9. Noluggage or other carry-on baggage shall be allowed, other than handbags
or umbrellas.
10. Smoking shall not be al10wed on the senior transportation vehicles.
11. 1f a senior is in need of assistance t.o and from the vehicle, the senior may
bring an aide. Such an aide shall act as a personal care assistam and not
merely a companion, and must be picked-up and dropped-off at the' home of
the senior.
12. No unscheduled stops will be permitted by the driver. The use of the
t.ransportation is for the specific purpose of attending and returning fi'om
programs at the Winter Springs Senior Citizen Center. Examples Of!>lt)pS not.
permitted under this program include drugstore, grocery store, restaurants,
doctors and dental offices, or the residence of a friend- or family member.
13. 1 ran emergency occurs while a senior is being transported under this program
and medical attention is required, the driver will call 9-1-1. the transportation
provider's oflice, and the Winter Springs Senior Citizen Cemer to report the.
incident. . .
14. Any violation of the policies t:stablished by this Resolution by any
participating senior could result in the' suspension or revocation of that
participating senior's privilege to use the Winter Springs Senior
Transportation Program.
Section 3. 'Admhdstrative Rules: The City Manager is hereby authorized to adopt
written admi.nistrative rules to implement the policies and proced\ires set forth in this
Resolution. Such administrative rules shall not be in conflict with this Resolution.
Section 4. Re~eal of Prior Inconsistent Resolutions: All prior inconsistent resolutions
adopted by the City Commission are hereby repealed.
. Set.tion S. Severability: If any section, clause, phrase, word, or provision is fot any
reason held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural. reasons, such portion shall be deemed a scpa.rate, distinct, and
independent provision, and such holding shall not affect the validity ofthe remaining portions
of this resolution.
Section 6. Effective Date: . This resolution shall become etTective immediately upon
passage hy the City Commission oflhe City of Winter Springs, Florida, and pursuant to the
City Charter.
City of Winter Spring!;. Florida
Resolution # 2002-34
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DONE AND ADOPTED in regular session of the City Commission of the City of Wint.er
Springs, Florida this) 1 th day of November 2002.
, ..-~
ZO-LUACES, City Clerk
AS TO FORM AND
ICIENCY;
.. ".
ANTHONY A. GARGANESE, City Attorney
F:\Lawycr\i cfi\J\City uf Winter Spri[ij;&\l{cAo\uti ons\Scnior.[ 'ransporl'rog_ Final. wpd
City ofWinlcr SpringR, F1urilla
:R~)ution I/. 2002-34
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