10-15-2009
City Commission
Susan Gottlieb, Mayor
.. Ai Th:e City of
n..ventura
City Manager
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
!Billy Joel
Ted Ho[zberg
Miclhael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attorney
Weiss Serota Helfman
Pastodza Cole & Boniske
AGENDA
OCTOBER 15, 2009 9 AM
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL
2. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE
CITY OF A VENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION
OF FEDERAL FUNDING P ASS-THROUGH ARRANGEMENTS WITH THE
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009
FEDERAL TRANSIT (FTA 5307) FOR THE CITY OF AVENTURA TO
INSTALL BUS SHEL TERS WITHIN THE CITY OF A VENTURA;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
3. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka ICMA-CM, City
ana er ~
m unity service~
TO: City Commission
BY:
Robert M. Sherman, Director
DATE: October 9,2009
SUBJECT: Interlocal Agreement between the City and Miami-Dade County for
providing for Federal funding pass-through arrangements with the
American Recovery and Reinvestment Act to install bus shelters
within the City.
October 15th, 2009 City Commission Meeting Agenda Item ~
Recommendation:
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached Interlocal Agreement between the City and
Miami-Dade County providing for federal funding pass-through arrangements with the
American Recovery and Reinvestment Act (AARA) of 2009 for the City of Aventura to
install two bus shelters within the City.
Backaround
This agreement provides for the following terms and conditions pertaining to funding the
City's request for Federal Stimulus package funding. Miami Dade Transit is the official
recipient for all Federal Transit funds on behalf of all the cities in Miami Dade County.
The proposed bus shelters will be located on East Country Club Drive northbound south
of Porto Vita and West Country Club Drive southbound between Spoke Road and the
Lehman Causeway.
1. The total amount funded from the Federal Transit Administration for the two bus
shelters is $312,111. There are no matching funds required from the City.
2. The City shall pay the County a 5% fee of the FTA FY 2009 award of $312,111
totaling $15,605 for grant administration, finance, project management, and
performance reporting. The net amount of funding to the City is $296,506. The
County shall be entitled to an administrative fee of 5% for any and all future FTA
5307 grants awarded to the City for which the County provides grant application,
grant administration, finance, project management and performance reporting
services.
3. To the extent permitted by law, the City and Miami-Dade County agree to indemnify
and hold harmless each other.
4. Miami-Dade County shall receive and review all proposals in accordance with
federal and state procurement requirements, as may be amended from time to time.
Miami-Dade County's Department of Procurement Management will forward a
recommendation of contract award to the governing body of the applicable
municipalities. The County shall be given the opportunity to bid upon any Requests
for Proposals, Requests for Qualifications, or Requests for Bids which the City shall
issue regarding the provision of transportation improvements and shall be
considered, along with private contractors, for provision of services to be provided
by the City pursuant to this Agreement.
5. The City shall comply with all applicable Federal standards relating to the Civil
Rights Act of 1964; all Federal ADA requirements; all Federal procurement
procedures; all Federal "Buy America" requirements, and all Federal reporting and
monitoring procedures as they relate to the procurement and construction of the bus
shelters.
If you need additional information, please feel free to contact me.
Attachments
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RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-
DADE COUNTY FOR THE PROVISION OF FEDERAL FUNDING PASS-THROUGH
ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) OF 2009 FEDERAL TRANSIT (FTA 5307) FOR THE CITY OF AVENTURA TO
INSTALL BUS SHELTERS WITHIN THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Interlocal Agreement by and between the City and Miami-Dade County for the provision
of federal funding pass-through arrangements with the American Recovery and
Reinvestment Act (AARA) of 2009 Federal Transit (FTA 5307) for the City of Aventura
to install bus shelters within the City of Aventura.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-_
Page 2
PASSED AND ADOPTED this 15th day of October, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Interlocal Agreement Between
Miami-Dade Transit Agency and the City of Aventura
For Federal Funding Pass-Through Arrangements with the American Recovery
and Reinvestment Act (ARRA) of 2009 Federal Transit (FT A 5307) for the City to
Install Bus Shelters
This is an Interlocal Agreement, made and entered into by and between Miami-Dade Transit, a
department of Miami-Dade County, a political subdivision of the state of Florida, hereinafter
referred to as "the County", and the City of Aventura, a municipal corporation of the state of
Florida, hereinafter referred to as "the City".
WITNESSETH:
WHEREAS, Miami-Dade Transit, an Urbanized Area Formula Program grantee agrees to
pass through Federal Transit Administration (FT A) 5307 the American Recovery and
Reinvestment Act (ARRA) funding for the City of Aventura, a designated FTA funding recipient.
WHEREAS, the City will provide the citizens of the City of Aventura by purchasing and
installing bus shelters, directly or through a General contractor, which will meet the local needs;
and
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, the County and the City agree as follows:
ARTICLE 1
DEFINITIONS
1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
1.2 The American Recovery and Reinvestment Act (ARRA).
1.3 "Contractor" shall mean any entity, public or private providing public circulator services as
described in this Agreement under contract to the City.
1.4 "The County" shall include Miami-Dade County, the Miami-Dade Transit, the Miami-Dade
Consumer Services Department, and authorized representatives thereof.
1.5 'The City" shall mean City of Aventura and authorized representatives thereof.
1.6 "FDOT" shall mean the Florida Department of Transportation and authorized
representative thereof.
1.7 "MDT" shall mean the Miami-Dade Transit and authorized representatives thereof.
1.8 "US DOT" shall refer to the U.S. Department of Transportation, its rules and regulations,
and representatives thereof.
1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1.10 "CSD" shall mean the Consumer Services Department of Miami-Dade County and
authorized representatives thereof.
1.11 "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD.
1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR
Section 5335(a), as may be amended from time to time, and found in the National Transit
Database Reporting Manual published by the FT A.
1.13 "STS", Special Transportation Service, is the component of the conventional transit
system designed to provide comparable circulator service to disabled individuals as
mandated in the ADA.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Applicable Laws and Reaulations. The City and its contractors, if any,
shall comply with all existing and future laws, statutes, ordinances, codes, rules,
regulations, and procedural requirements, whether federal, state, or local, which are
applicable to, or in any manner affect, the provision of shelter procurement and
installation. The City shall be responsible for obtaining copies of the appropriate laws,
regulations, ordinances, and documents and complying therewith.
2.2 Compliance with ADA. The City's bus shelters services shall comply with all applicable
requirements of the ADA. The City and the County recognize their joint obligation to
provide STS in the area served by the City's service. In fulfillment of the City's obligation,
the City hereby contracts with the County to provide STS Service for trips which have
both their origin and destination within the City bus shelters service area, as the County
shall continue to provide such trips as part of its STS Service at no cost to the City. To
the extent that any terms in this Agreement are in conflict with the ADA, the requirements
of the ADA shall control.
2.3 Compliance with Federal Civil Riahts Reauirements. The City, shall comply with the
Federal Civil Rights requirements as attached, which may be modified from time to time
by, the Federal government herein (See Attachment A).
2.4 Compliance with the United States Department of Labor: The City, shall to the extent
applicable comply with the Labor Protective Agreements as attached, which may be
modified from time to time by, the Federal government herein (See Attachment B).
2.5 Compliance with Procurement Reauirements. Miami-Dade County shall receive and
review all proposals in accordance with federal and state procurement requirements, as
may be amended from time to time. Miami-Dade County's Department of Procurement
Management will forward a recommendation of contract award to the governing body of
the applicable municipalities.
2.6 County's Riaht to Submit Proposals and Bids. The County shall be given the opportunity
to bid upon any Requests for Proposals, Requests for Qualifications, or Requests for
Bids which the City shall issue regarding the provision of transportation improvements
and shall be considered, along with private contractors, for provision of services to be
provided by the City pursuant to this Agreement.
2.7 Drua-free Workplace and Testina. In accordance with the Code of Miami-Dade County,
the City shall certify that it will have a drug-free workplace program. Further, the City shall
require pre-employment drug testing and other periodic drug testing for all persons
holding safety-sensitive positions, as defined by US DOT, related to transit operation.
Effective upon execution of the Agreement, the City shall require that its employees or
contractor, if applicable, comply with all applicable requirements of the USDOT
regulations for drug and alcohol testing. To the extent that any terms in this Agreement
are inconsistent with the USDOT regulation, the requirements of the USDOT shall
control.
2.8 City Representative. The City shall designate individual(s) to act as liaison to the County
and notify the County thereof. The City shall promptly notify the County of any changes.
2.9 County Representative. The County shall designate individual(s) to act as liaison to the
City and notify the City thereof. The County shall promptly notify the City of any changes.
2.10 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement,
amendments and modifications to this Agreement must be in writing and shall require the
signatures of the County Mayor and the City Manager, or his/her designees, subject to
authorization by their respective Boards. Notwithstanding the foregoing, amendments to
this Agreement regarding alignments, schedules, and fares, as described in Section 2-
150 (c) of the Miami-Dade County Code, may be approved by the County Manager and
the City Manager of the City of Aventura, or their designees.
ARTICLE 3
CITY OF AVENTURA BUS SHELTERS
3.1 Use of Loco. FT A has logo uniquely identifying ARRA projects. Such logo shall at all
times be displayed on the exterior of the bus shelters pursuant to this Agreement. The
County shall allow the display of the logo on the County's bus stop sign at all stops
common to the City and the County bus routes. The City shall be responsible for placing
the logo on the pertinent signs where space is available for such logos to be placed.
ARTICLE 4
RECORDS AND REPORTS
4.1 Reportinc Reauirements. The City shall collect or assure the collection of all information
required for Federal and State reporting purposes, and shall provide collected and
compiled information to the County no less often than monthly/quarterly as required by
the County, State or FTA. The FTA through Miami-Dade County requires quarterly
Financial Status Reports (FSR), Milestones, and Ridership Reports. The City shall also
report monthly ridership performance data.
4.2 Additional Information. The City shall provide additional information about the City
installing bus shelters operations as requested by the County within thirty (30) days,
unless a different time period is agreed upon, in writing, by the City Manager and the
County Mayor or his/her designee.
4.3 Administrative Fees. The City shall pay the County a 5% fee of the FTA FY 2009 award
of $312,110.71 totaling $15,605.54 for grant administration, finance, project
management, and performance reporting. The net amount to the City is $ 296,505.17.
The County shall be entitled to an administrative fee of 5% for any and all future FT A
5307 grants awarded to the City for which the County provides grant application, grant
administration, finance, project management and performance reporting services.
4.4 National Transportation Database (Section 15) Reportina. Timely Annual Reporting
Statistics as required by the Federal Transit Administration (FTA) , National Transit
Database, as defined in the annual FT A National Transit Database Reporting Manual
and FTA Circular 2710.2A, "Sampling Procedures for Obtaining Demand Responsive
Bus System Operating Data" which may be amended from time to time by the FT A
(Formerly known as Section 15 Reporting). Supporting documentation shall be
submitted to the County if requested in writing. Annual audit statement will be required
and records shall be maintained for no less than five (5) years for FTA triennial review.
4.5 Accidents and Incidents. In addition to emergency and police notifications, the City shall
be responsible for ensuring that all accidents and incidents are promptly reported to the
County and subsequently that adequate and appropriate documentation of investigation,
using National Safety Council definitions, be fumished to the County within three (3)
working days. Initial notification of accidents or incidents shall be reported on a form
approved by the County within 24 hours of occurrence. Any accident involving major
damage, serious personal injury or loss of life shall be reported to the County within 1
hour of occurrence. Records shall be kept for at least three (3) years for each accident a
vehicle is involved in, including the repair work required to return the vehicle to service.
The City must also provide to the Miami-Dade County Consumer Services Department
(CSD); Passenger Transportation Regulatory Division (PTRD) one (1) copy of each
accident report within 72 hours of such accident. The City must also furnish the County
all accident and incident data as required for the FTA National Transit Database (NTD),
as defined in the FTA NTD Safety and Security Reporting Manual, including the Major
Incident Report (within 30 days of occurrence) and the Non-Major Summary Reports
(monthly, before end of month following report month).
ARTICLE 5
INSURANCE
The parties hereto acknowledge that the City currently has liability insurance, but is also
authorized to be a self-insured governmental entity subject to the limitations of Section 768.28,
F.S. The City shall institute and maintain a fiscally sound and prudent risk management program
with regard to its obligations under this Agreement in accordance with the provision of Section
768.28, F.S.
ARTICLE 6
IDEMNIFICA TION
6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the County, and its officers, agents, employees and instrumentalities from any
and all liability, claims, losses, and causes of action, including attorneys' fees and costs
of defense which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kinds
or nature arising out of, or relating to or resulting from the negligence of the City and/or
its officers, employees, agents or instrumentalities, during the term of this Agreement.
The City shall pay all claims and losses in connections therewith, and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the County,
where applicable, including appellate proceedings, and shall pay all costs, judgments and
reasonable attorneys' fees which may issue thereon. Nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent performance
or failure of performance of the County, its officers, employees, agents or
instrumentalities or any other related third party. This paragraph is subject to the
limitations of Section 768.28, F.S., including the monetary limits of Sec. 768.28(5); F.S.
which limits shall apply regardless of whether said limits would apply in the absence of
this provision.
6.2 The County shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the City, and its officers, agents, employees and instrumentalities from any and
all liability, claims, losses, and causes of action, including attorneys' fees and costs of
defense which the City or its officers, employees, agents or instrumentalities may incur
as a result of claims, demands, suits, causes, of actions or proceedings of any kind or
nature arising out of, or relating to or resulting from the negligence of the County and/or
its officers, employees, agents or instrumentalities, during the term of this agreement.
The County shall pay all claims and losses in connection therewith, and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the City,
where applicable, including appellate proceedings, and shall pay all costs, judgments and
reasonable attorneys fees which may issue thereon. Nothing herein shall be deemed to
indemnify the City from any liability or claim arising out of the negligent performance or
failure of performance of the City, its officers, employees, agents or instrumentalities or
any other related third party. This paragraph is subject to the limitations of Section
768.28, F.S., including the monetary limits of Sec. 768.28(5); F.S. which limits shall apply
regardless of whether said limits would apply in the absence of this provision.
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 Grant Matchina Funds. There are no matching funds required for this American
Recovery and Reinvestment Act (ARRA) FTA program.
7.2 Bus Shelters and Benches. The City shall, at its sole option, provide, install, and
maintain bus passenger shelters, benches and other bus stop furnishings, at bus stops
along the City's bus shelters service routes where the City, or its contractor, feels that
there is a need for such furnishings.
7.3 Bus Stops and Bus Bavs or Pull-outs. The City shall, at its sole option, provide, install,
and maintain bus stop sites, including bus bays or pull-outs at stops along the City's bus
shelters service routes, provided that any proposed bus bays or pull-outs and any
proposed modifications or reconfigurations to existing bus bays or pull-outs shall be first
reviewed and approved by the County or State, as appropriate.
7.4 Comparable Aareements. In the event that the County enters into an Interlocal
Agreement with any other municipality for bus services, which are comparable to the
services provided herein, but upon more favorable terms for the municipality than the
terms provided herein, County agrees to amend this Agreement, if requested by the City,
to provide substantially equivalent favorable terms to the City as those provided in such
other County/Municipallnterlocal Agreements.
7.5 Financial Obliaation. To the extent the FTA deducts, withholds, or deobligates from this
or any other Federal grant as a result of any act or omission on the part of the
Municipality, Miami Dade County shall be entitled to deduct, withhold, or invoice the
Municipality from this or any other agreement between the parties in the same amount as
has been deducted, withheld or deobligated from Miami Dade County.
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Term of Aareement. This Agreement shall commence upon approval of the Board of
County Commissioners and the City Commission of City of Aventura and the execution
by the County Mayor or his/her designee and authorized City Manager.
8.2 Reneaotiation or Modification. Any substantive changes in the level of service to be
provided by the City as set forth herein shall only be implemented after the County and
the City have entered into a written agreement describing the changed services and the
provisions of the County Code have been exercised.
8.3 Title VI and VII Civil Riahts Act of 1964. The City and its Contractors shall not
discriminate against any person because of race, color, sex religious background,
ancestry or national origin in the performance of the Agreement.
8.4 Termination for Cause. This Agreement may be terminated for cause by either party
upon no less than thirty (30) days written notice to the other party, except when bus
shelters are in violation of health and/or safety-related provisions of state statutes or the
Code of Miami-Dade County, in which case termination shall be as determined by the
County Mayor. Said notice shall be delivered by verified facsimile transmission or
certified mail, return receipt requested. The noticed party shall have the opportunity to
cure any stated cause for termination within a reasonable notice period, in which case
the terminating party may cancel the termination notice using the same means by which
the notice of termination delivered.
8.5 Termination without Cause. The County or the City may terminate this Agreement
without cause upon no less than sixty (60) days written notice to the other party. If the
County or the City terminates this Agreement with or without cause, the City agrees to
reimburse the County on a prorated basis for financial assistance it has received in
advance for the year. This shall not require any reimbursement as to bus shelters which
City has installed pursuant to this Agreement.
8.6 Notices. All notices and other communications required to be remitted pursuant to this
Agreement to either party hereto shall be in writing and shall be delivered by verified
facsimile transmission or certified mail, return receipt requested, to the parties at the
address indicated below:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit Agency
701 N.W. First Court, Suite 1700
Miami, FL 33136
Attention: Director, Miami-Dade Transit
Fax: 786.469.5580
FOR CITY OF AVENTURA:
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Attention: Robert M. Sherman, Community Services Director
8.7 Name of Payee. The name of the official payee to whom the County shall issue checks
shall be City of Aventura.
8.8 Complete and Bindina Aareement. This writing embodies the full and complete
Agreement of the parties. No other terms, conditions or modifications shall be binding
upon the parties unless in writing and signed by the parties.
8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall
be deemed an original.
8.10 Governina Law. This Agreement shall be construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature:
ATTEST:
FOR THE COUNTY:
Miami-Dade County,
A political subdivision of the State of Florida
County Clerk
By its Board of County Commissioners
By:
By:
Deputy Clerk
County Mayor
Date Executed:
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
ATTEST:
FOR THE CITY:
City of Aventura
A political subdivision of the State of
Florida
By:
By:
City Clerk
City Manager
Date Executed:
Approved as to Form and Legal Sufficiency
By:
City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami-Dade
County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said county, DO
HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No.
R- , adopted by the said Board of County Commissioners at its meeting held on
as appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 29th day
of October, A.D., 2008.
HARVEY RUVIN, Clerk
Board of County Commissioners
Miami-Dade County, Florida
By:
Deputy Clerk
Board of County Commissioners
Miami-Dade County, Florida