[HISTORY: Adopted by the City Council of the City of Atlantic
City 6-3-1992 by Part
A of Ord. No. 57-1992;[1] amended in its entirety 11-13-2020 by Ord. No. 49-2020. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have
the meanings indicated.
Any electrical or motorized vehicle designed for transportation on the Boardwalk (as defined in Chapter 92 of the Code) and subject to the terms and conditions of Chapter 92 of the Code regulating vehicular traffic on the Boardwalk. The Boardwalk tram shall consist of a power unit that will also serve as a passenger coach and one additional passenger coach. The maximum passenger capacity of a passenger coach shall be 16 individuals per coach (for a maximum passenger capacity of 32 individuals per Boardwalk tram). Each Boardwalk tram shall be so designed as not to exceed four miles per hour, and there shall be installed in the power unit of each Boardwalk tram a controlling device so as to ensure that the power unit of each Boardwalk tram does not exceed four miles per hour. Only equipment that has been approved by the Director and the City Engineer of the City's Department of Planning and Development City Engineer Division (the "City Engineer") at the time of award shall be acceptable.
That corporation, association or person currently holding a contract (as defined in § 98-2) with the City of Atlantic City (the "City") to operate a Boardwalk tram within the City's corporate limits.
The Director of Licensing and Inspections or such other designee of the Administrator [as defined in Chapter 4 of the Administrative Code of the City (the "Code")].
The individual actually driving or operating the Boardwalk
tram.
No one shall operate or cause to be operated a Boardwalk tram within the geographical limits of the City of Atlantic City unless he or she possesses a legally authorized and executed agreement (the "contract") awarded by the Council (as defined in Chapter 4 of the Code) and signed by the City and the successful bidder. The operation of a Boardwalk tram must at all times be in accordance with the ordinances (as defined in Chapter 4 of the Code) of the City and the statutes of the State of New Jersey granting authority to operate a Boardwalk tram.
A.
The Director shall have the responsibility and authority of assuring
that contract bids and specifications are publicized, submitted and
adhered to in all respects.
B.
The Director shall take any tram out of service which is found to
be unsafe, unsanitary or not in a fit condition to properly carry
passengers. Said Boardwalk tram shall remain out of service until
such time as it is repaired, cleaned up or put in good condition and
received written approval by the Director for its reuse.
C.
The Director, the Director of Planning and Development and the City
Engineer shall determine what kinds of vehicles will be designated
a Boardwalk tram, as well as what kind of vehicle will be utilized
and operated as a Boardwalk tram. The Director shall give the contractor
reasonable notice on any change of types of vehicles to be designated
and/or utilized as Boardwalk trams.
D.
The Director shall declare all agreements null and void should the
contractor fail to abide by all applicable legal ordinances of the
City, as well as the statutes of the State of New Jersey and lawful
rules and regulations of the proper officers of City. The City Solicitor
of the City's Department of Administration, Solicitor Division (the
"Solicitor's Office") is authorized to take any legal steps to protect
the City's legitimate interest.
E.
The Director shall recommend from an advertised bid procedure an entity to operate Boardwalk trams in the City. The recommendation will be submitted to the Council in for form of a resolution for the Mayor (as defined in Chapter 4 of the Code) to have authority to execute a contract between the City and the successful bidder. Said resolution may be appealed within 10 days to the Council.
A.
All potential contractors shall submit bids containing prices to
be paid to the City in strict accordance with the form of advertisement
and the Specifications and Instructions to Bidders as proposed by
the City's Department of Revenue and Finance, Purchasing Division
(the "Purchasing Division") and the City Solicitor's office. Potential
contractors shall present their bids to the City on proposal blanks
furnished by the Purchasing Division, filling in all blanks.
B.
Two or more bids under different names or entities are not permissible
by one person or group of persons.
C.
All bids shall be accompanied by a detailed statement of the potential
contractor's true financial worth (most recent audited financial report)
as stipulated in the Specifications and Instructions to Bidders, or,
at the Director's discretion, the contractor must provide the City
with a performance and payment bond from a surety company authorized
to do business in the City as well as fulfilling all the other terms
and stipulations set forth in the contract.
D.
The contractor shall be responsible for the immediate repair of any
Boardwalk damage by and attributed to the operations of the Boardwalk
tram.
E.
The contractor shall deliver to the Director certificates of insurance
in full accordance with all stipulations set down in the signed contract
between the City and the contractor. Minimum limit of liability insurance
shall be determined by the City's Department of Administration, Solicitor
Division, Risk Management subdivision.
F.
Before commencing any Boardwalk tram operations, the contractor shall
purchase and maintain insurance in conformance with the provisions
contained in the contract. The insurance will provide the City, its
officers, agents or employees with defense for, and indemnification
from, any claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction
of tangible property, including the loss of use, which arises out
of the contractor's operations under the contract (the "losses").
This insurance shall apply regardless of whether the operations, actions,
derelictions or failures to act from which the claim arises are attributable
to the contractor, any of its consultants, officers, agents, subcontractors,
employees, or anyone directly employed by any of them, including anyone
for whose acts of the aforementioned may be liable by operation of
statute, government regulation, or applicable case law or the City,
unless caused by the sole negligence of the City. Proof of such insurance
shall be provided to the City before the contract commences. In no
event shall the failure to provide this proof, prior to the commencement
of the work, be deemed a waiver by the City of the contractor's insurance
obligations set forth herein.
G.
(Reserved)
H.
The contractor shall maintain an approved location within the corporate
limits of the City for the storage of Boardwalk trams when the Boardwalk
trams are not in actual use (the "storage facility"). The storage
facility is subject to the approval of the Director. Should the contractor
need to transport the Boardwalk trams from the Boardwalk, prior approval
shall be required from the Atlantic City Police Department in accordance
with the City Code.
I.
(Reserved)
J.
Application for licenses.
(1)
It shall be the responsibility of the contractor to submit an application
for a business license for each vehicle with the City's Department
of Licensing and Inspections, Mercantile License Division (the "Mercantile
Division"), on a form provided by the City and the following is to
be attached:
(2)
Each license shall be renewed annually.
K.
The contractor shall not assign any of the contractual obligations
or responsibilities, either in whole or in part, directly or indirectly,
to any other person or entity.
L.
The contractor shall indemnity and save harmless and defend the City against any losses, financial or otherwise, as a result of any and all liabilities in connection with legal claims, court decisions or judgments resulting from property damage, injury, death or disputes of any kind resulting from the operation of the Boardwalk trams, to the extent not otherwise covered by insurance under § 98-4F herein.
M.
The Boardwalk trams are prohibited from operating on the Boardwalk
between the hours of 6:00 a.m. and 10:00 a.m. The contractor shall
submit a schedule of hours, days and months of operation to the Director.
Any changes to the schedule due to special events or conditions (e.g.,
Atlantic City Airshow, Miss America Parade) shall be submitted 30
days in advance of changes being made and are subject to the approval
of the Director.
N.
The Director will designate Boardwalk tram stop locations at several
points on the Boardwalk. These stops will be clearly marked and will
be the only locations for passengers to board and exit the Boardwalk
tram.
O.
Historic Boardwalk tram tours for the general public may be added
to the schedule from October 15 through May 15. Specific guidelines
will be set forth in the bid specifications and in the contract.
P.
The contractor will not manipulate the regular Boardwalk tram schedule
in any way for the purpose of providing a benefit to any casino, hotel
or business at the expense of a competing enterprise. No regular scheduling
of the Boardwalk trams can be altered without written approval of
the Director. No casino, hotel or business enterprise shall receive
preferential treatment for the chartering of Boardwalk trams or be
given Boardwalk tram service of any kind which unfairly impinges on
or adversely affects another casino, hotel or business enterprise.
Q.
The contractor shall not charter the Boardwalk trams to private groups
without the prior written approval from the Director. Four days' notice,
setting forth the time, route and fee to be paid for the proposed
charter, shall be given to the Director prior to any proposed charter.
R.
All employees shall wear a uniform showing, minimally, their first
name for identification purposes. General design shall be approved
by the Director. The contractor shall make certain that all employees
possess neat and clean uniforms.
S.
The City shall receive a portion of all ridership fares as set forth
in the bid by the contractor and set forth in the contract. The contractor
shall submit to the Director monthly ridership reports. The reports
shall be submitted by the 15th day after the close of the previous
month on a form provided by the Director. Reports are to be cumulative
in nature. All payments due to the City for the previous month's ridership
fares shall be submitted with the monthly ridership reports.
T.
The contractor shall solicit advertising to be placed on the Boardwalk
trams. All contractual agreements for advertising and content must
be reviewed and approved by the Director. The City shall receive a
percentage of all advertising proceeds as set forth in the bid by
the contractor and set forth in the contract. The contractor shall
submit to the Director monthly advertising revenue reports. The reports
shall be submitted by the 15th day after the close of the previous
month on a form provided by the Director. Reports are to be cumulative
in nature. All payments due to the City for the previous month's advertising
proceeds shall be submitted with the monthly advertising revenue report.
U.
(Reserved)
V.
(Reserved)
W.
(Reserved)
X.
The terminal points for the Boardwalk trams shall be Connecticut
Avenue to the east and Albany Avenue to the west or as otherwise designated
by the Director.
Y.
The contractor agrees to appoint the City Clerk (as defined in Chapter 4 of the Code) as its agent for the purpose of accepting service for all suits that may be instituted against it.
Z.
The contractor shall provide Boardwalk trams which possess approved
and acceptable inflatable tires which will not damage the Boardwalk.
The Director, upon the advice and consultation of the City Engineer,
shall have the right to require vehicle modification in any instance
relevant to the safe operation of the Boardwalk trams and the protection
of the integrity of the Boardwalk.
AA.
The contractor shall keep informed of and comply with all laws, ordinances
and regulations in any manner affecting those engaged or employed
in the work in any way affecting the conduct of this work, and all
orders or decrees of bodies or tribunals having any jurisdiction or
authority over the same. If any discrepancy or inconsistency shall
be discovered, in relation to any such law, ordinance, regulation,
order or decree, they shall forthwith report the same, in writing,
to the City. The contractor at all times shall observe and comply
with, and shall cause their agents and employees to observe and comply
with, all such existing and future laws, ordinances, regulations,
orders and decrees, and shall protect and indemnify the City, its
officers and agents against any claim or liability arising from or
based upon the violation of any such law, ordinance, regulation, order
or decree.
A.
No Boardwalk tram shall stand idle or in a stationary position unless
it is picking up or discharging passengers, except at the terminal
points.
B.
No Boardwalk tram shall exceed the speed of four miles per hour while
operating on the Boardwalk.
C.
The motor or power units of the Boardwalk trams shall be electric.
Governors or other approved mechanical devices shall be installed
on the power units with the written approval of the Director and the
concurrence of the City Engineer in order to ensure compliance with
the speed limit.
D.
Off-Boardwalk operation of Boardwalk trams is limited to travel to and from the storage facility identified in § 98-4H of this chapter. Operation of a Boardwalk tram off-Boardwalk for the transport of passengers is specifically prohibited, unless approved by the Director.
E.
No Boardwalk tram shall pass or ride abreast of another tram traveling
in the same direction.
F.
Boardwalk trams must proceed along the ribbons of the Boardwalk as
directed by the City Engineer and the Director.
G.
Boardwalk trams shall have a safety sound device which is approved,
in writing, by the Director as well as a first aid packet and fire
extinguisher.
H.
Boardwalk tram operators and conductors (the "conductors") shall
be courteous to passengers at all times and shall not engage in the
use of foul, profane, improper or abusive language.
I.
There shall be a sufficient number of trams operating at any given
time to provide adequate service to the public. Such a determination
will be made by the Director in consultation with the contractor.
J.
Boardwalk tram fares shall be as follows:
(1)
Boardwalk tram fares shall be $4 one way for adults and $2 one way
for a child.
(2)
All-day fares shall be $10 for an adult and $5 for a child.
(3)
"Child" shall be any person 12 years of age and under.
(4)
This fare includes any and all applicable federal, state and local
taxes. The fare shall be prominently displayed on the outside of each
Boardwalk tram.
K.
A single Boardwalk tram shall be operated by one individual: the
operator. A Boardwalk tram with a passenger car shall be operated
by two individuals, consisting of one operator and one conductor.
The conductor shall collect fares, control ridership, and announce
Boardwalk tram stops.
A.
No person shall operate a Boardwalk tram unless a Boardwalk tram
operator or Boardwalk tram conductor application is submitted to the
Mercantile Division for the issuance of a license on a form provided
by the City, containing the following:
B.
Each conductor
must be at least 17 years of age. Each operator shall produce a valid
and current New Jersey commercial driver's license ("CDL") in his
or her name and must be at least 21 years of age. Applicants must
be of sound mind and body with proven ability to manage the Boardwalk
tram safely.
C.
Each operator and conductor shall submit to testing for addiction
for the use of narcotics or intoxicating liquors and shall subject
to annual drug testing at a facility selected by the City at the cost
of the operator and conductor. The City may also require random drug
testing at the discretion of the Director.
D.
The Boardwalk tram license is for a period of one year and shall
be renewed annually. Application for renewal shall be submitted two
months prior to the expiration of the current license.
E.
(Reserved)
F.
(Reserved)
G.
(Reserved)
H.
(Reserved)
I.
The applicant must answer all questions on the application form completely
and truthfully and shall sign and swear or attest to the accuracy
of the statements made.
J.
The applicant shall have a written promise of employment from the
contractor attached to his or her application.
K.
(Reserved)
L.
(Reserved)
M.
Upon the satisfactory fulfillment of all necessary requirements,
there shall be issued by the City to the applicant a Boardwalk tram
operator's license which shall contain the photograph and signature
of the operator. It shall be unlawful to remove or obliterate any
official entry upon said license. The Boardwalk tram operator's license
shall be valid for one year. The Boardwalk tram operator's license
shall be of such form and style as the Director prescribes, with the
driver's license number from the State of New Jersey and the word
"Operator" appearing clearly thereon, which shall be constantly and
clearly displayed on the outside of the operator's uniform when engaged
in driving a commercial vehicle. The Boardwalk tram conductor's license
shall be of such form and style as the Director prescribes.
The contractor must comply with all laws of the State of New
Jersey, all ordinances of the City and Executive Orders Nos. 2 of
1984 and 1 of 1985, involving affirmative action and minority business
participation. Failure to continue in compliance shall be deemed a
breach of the contract.
A.
It is the intention of the City that the Boardwalk trams be an attraction
in the resort, and to that end it is the City's intent that the Boardwalk
trams be aesthetically pleasing and that the theme of the design and
appearance of the Boardwalk trams be consistent with and reflective
of the rich history of the Boardwalk and the City.
B.
The Council reserves the right to reject the highest bid solely for
reasons of aesthetics.
A.
The Director is hereby authorized to establish a penalty chart, stipulating
maximum fines to be imposed by City Inspectors, including police officers,
for violations of this chapter. A fine for a first offense shall not
exceed $100; thereafter, the maximum fine shall not exceed $2,000.
B.
In the event that the violator wishes to contest the charges and
the fine imposed, the matter shall be appealed to the Director.
The Director may suspend, cancel or revoke the license of any
operator or conductor for good cause upon notice and opportunity to
be heard.
