Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Operations
Information
Requested Action
title
MOTION TO TERMINATE FOR CAUSE Operating Agreement for Transportation Network Company Services at Broward County’s Fort Lauderdale-Hollywood International Airport and Port Everglades between Broward County and Vibe Direct, LLC d/b/a Vibe Rides, and authorize the Contract Administrator and the Office of the County Attorney to take all necessary administrative legal action.
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Why Action is Necessary
Article 5 of the Agreement requires the Board of County Commissioners (“Board”) action to terminate for cause.
What Action Accomplishes
Terminates the Operating Agreement (“Agreement”) for Transportation Network Company Services at Fort Lauderdale-Hollywood International Airport (“Airport”) and Port Everglades (“Port”) between Broward County (“County”) and Vibe Direct, LLC d/b/a Vibe Rides (“Vibe”).
Is this Action Goal Related
No
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION AND PORT EVERGLADES DEPARTMENTS RECOMMEND APPROVAL OF THE ABOVE MOTION.
This action terminates the Agreement for Transportation Network Company Services at the Airport and Port between County and Vibe.
On December 8, 2020 (Item No. 2), the Board approved the Agreement for Transportation Network Company Services at the Airport and the Port between County and Vibe.
The Broward County Aviation Department (“BCAD”) provided Vibe with a written notice on February 3, 2021, informing Vibe that they were in breach of the Agreement for failure to provide the County with the required security deposit, company reports, and fees, with a cure date of February 15, 2021. BCAD extended the cure date to March 22, 2021, because Vibe, which is based in Texas, was impacted by a winter storm that resulted in a declaration of emergency.
As of April 20, 2021, the County has not yet received the required security deposit for the Airport and the Port. The Port has not yet received any of Vibe’s company reports and the Airport has not yet received Vibe’s December 2020 company report. Additionally, Vibe has not yet established the Geofence for the Port as required in the Agreement.
Vibe has represented that it has not provided any TNC Services to the Airport or the Port. Vibe has not yet met the terms of the Agreement; however, Vibe will not be prohibited from applying for a new agreement with the County at a future date.
If approved, this Motion will authorize the Contract Administrator to provide notice to Vibe of the termination of the Agreement.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director of Aviation, (954) 359-6199
Jonathan T. Daniels, Chief Executive and Port Director, Port Everglades, (954) 468-3516
Fiscal Impact
Fiscal Impact/Cost Summary
Vibe has not provided TNC Services to the Airport or the Port. Therefore, there is no fiscal impact associated with this action.