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99-018RESOLUTION NO. 99-18 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 PUBLIC TRANSPORTATION SERVICES WITHIN THE CITY OF AVENTURA 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 providing public transportation services 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. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen yes yes yes Resolution No. 99-~_8 Page 2 Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert 7es Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 6th day of April~ ~/ ARTHUR L S~DEF~, MAYOR ATTEST: TERESA M. SOROKA, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: Interiocal Agreement Between Miami-Dade County and the City of Aventura for the Provision of P~lblic Transportation Services This is an Interlocal Agreement, made and entered into by and between: 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, traffic congestion in the Biscayne Boulevard corridor in northeast Miami-Dade County has been and continues to be a significant concern to the residents of Aventura; and WHEREAS, many of the residents of Aventura do not have easy access to existing transit services due to limited mobility; and WHEREAS, the provision of regularly scheduled transit circulator service can help decrease the need for specialized transportation services by the County; and WHEREAS, the provision of regularly scheduled transit circulator service will connect with existing MDTA services and help increase the use of services provided by MDTA; and WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental public transit throughout the city and has budgeted the necessary funds to so provicte; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and City agree as follows: ARTICLE 1 DEFINITIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. "Contractor" shall mean any entity, public or private, providing public transit services as described in this Agreement under contract to the City. "Shuttle" shall mean fixed route or semi-fixed route public transportation circulator services where at least seventy (70%) percent of the route is within the City and said circulator service is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the Code of Miami-Dade County. "The County" shall include Miami-Dade County, the Miami-Dade Transit Agency, the Miami-Dade Consumer Services Department, and authorized representatives thereof. "The City" shall mean the City of Aventura and authorized representatives thereof. "FDOT" shall mean the Florida Department of Transportation and authorized representative thereof. "MDTA" shall mean the Miami-Dade Transit Agency and authorized representatives thereof. "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. "FTA" shall mean the Federal Transit Administration, its rules and regulations, and representatives thereof. "CSD" shall mean the Consumer Services Department of Miami-Dade County and authorized representatives thereof. "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD. "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 FTA. "Fares" shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by County Ordinance. "STS", Special Transportation Service, is the component of the conventional transit designed to provide comparable transit service to disabled individuals as mandated in the ADA. 2 ARTICLE 2 GENERAL REQUIREMENTS 2.1 2.2 2.3 2.4 2.5 Compliance with Applicable Laws and Re,qulations. The City and its contractors 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 Aventura Shuttle Services. The City shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDTA and CSD. The County Re,qulatory Requirements. Prior to the commencement of the Shuttle under this Agreement, the City and/or its contractors shall have current and valid certificates of transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of Miami-Dade County. The City and its contractors shall maintain such certificates, registrations and permits current during the period of this Agreement. Vehicle Licensinq. All vehicles utilized to provide Shuttle services shall at all times be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDTA and CSD. Vehicle Standards. Vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDTA. All vehicles utilized to provide transportation service~ authorized by this Agreement shall at all times display a current and valid ~.ounty permit and shall comply with safety, rnechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDTA. 2.6 Proof of Compliance Prior to Operation. The City and/or its contractors shall 3 2.7 2.8 2.9 2.10 2.11 provide the County with proof of compliance with licensure, insurance, and any other requirements mandated by the Code of Miami-Dade County, stats statute, or federa! law prior to commencement of t~,e Shuttle. Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the purchase of transportation services provided by the City primarily for those that live and work in the City of Aventura. City employees, agents, and contractors providing Shuttle services shall be considered to be, at all times, solely employees, agents, and contractors of the City under its sole direction and not employees, agents, or contractors of the County. Compliance with ADA. The City's Shuttle 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 Aventura Shuttle as defined in the ADA. 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 destinations within the Aventura Shuttle 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. Compliance with Procurement Requirements. The City agrees to comply with applicable federal and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under this Agreement. County's Right 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 Shuttle service, and shall be considered, along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. L, ru,q-free Workplace and Testin,q. 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 USDOT, related to transit operations. Effective upon execution of the Agreement, the City shall require that its employees and 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. 2.12 City Representative. The City shall designate individual(s) to act as liaison to the 4 County and notify the County thereof. The City shall promptly notify the County of any changes. 2.13 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. 2.14 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 Manager and the City Manager, or their designees, subject to authorization by their respective Boards. Notwithstanding the foregoing, this Agreement may be amended as provided in paragraphs 3.1 and 3.2. ARTICLE 3 AVENTURA SHUTTLE SERVICES 3.1 Provision of Aventura Shuttle Services. The City shall provide Aventura Shuttle public transportation services on three (3) routes within the City of Aventura as contained in Exhibit "A" and schedules contained in Exhibit "B", copies of which are attached hereto and made a part thereof. Any changes to Exhibits "A" or "B" shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective only upon the approval of the County, as provided in Section 2-150(c) of the Code of Miami-Dade County. 3.2 Fares. It is understood that the City's Shuttle will be initially operated without charging a passenger fare for boarding or alighting from the Shuttle vehicles. I'lotwithstanding the foregoing, the City r-'~y, upon approval of the County Manager, charge passenger fares for the use of the Shuttle, in accordance with public transit fares established by the County, as may be modified from time to time pursuant to Section 2-150 of the Code of Miami-Dade County. The City may charge a fare other than a fare established by the County upon approval of the County as provided in Section 2-150 (c) of the Code of Miami-Dade County. If the City charges a fare for the use of the Shuttle, the City shall accept MDTA passes, transfers or identification entitling a passenger to rider a Metrobus without paying any additional fare. 3.3 Connection and Coordination with County Bus Routes. The Shuttle shall connect, at a minimum, with regular County Metrobus routes at the Aventura Mall. Shuttle 5 operating schedules shall be coordinated with existing County Metrobus service to the extent possible. 3.4 Operation of Routes in Their Entirety. The City shall be responsible for ensuring that Shuttle routes are operated in their entirety with no deviation from the approved routes 3.5 Shuttle Shown on County Bus Schedules. The County shall include the Shuttle on the County's Transit Map. Such inclusion shall commence with the regular publication of the County's Transit Map next occurring after commencement of the Shuttle operations. The County shall also provide information on the City's Shuttle through MDTA's routine and customary public information dissemination processes, including its transit information telephone service. 3.6 Issuance of Shuttle Schedules. The County shall make available to its Metrobus, Metrorail, and Metromover passengers maps and schedules provided by the City to MDTA. 3.7 Plannin,q and Schedulin,q of Shuttle Routes. The County, through the MDTA Director or his designee, may a~sist the City staff with technical support for planning and scheduling of Shuttle services. 3.8 Non-Interference and Non-Disturbance. The County and the City hereby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's public transit vehicular traffic or passengers accessing or egressing Metrobus or Shuttle in-service vehicles. 3.9 Use of Logo. The City shall create a logo uniquely identifying its Shuttle. Such logo shall at all times be displayed on the exterior of all vehicles operating pursuant to the Agreement. The County shall allow the display of the Shuttle logo on the County's bus stop signs at all stops common to the City and the County bus routes. 3.10 Bus Stop Signs and Signposts. The City may provide, install, and maintain bus stop signs and signposts at Shuttle stops along the City's Shuttle routes. In the event that the City, its contractor, licensee, permittee, or assignee installs Shuttle sign facilities that can accommodate Metrobus bus stop information, the County may elect to utilize the City's sign facility to display Metrobus bus stop information. If such election is made, MDTA shall provide to the City the materials to be displayed on the bus stop sign facility, in the size and format to be specified by the City, and the City will remove the County's signs and return the signs to the County. The City shall be responsible for installing the Metrobus bus stop information in/on the bus stop sign facility. 6 3.11 Terminal Operation/Facility. The City shall use its best efforts to improve the operation of the Aventura Mall terminal and transfer point by coordinating with the Mall management and all transit operators at the Mall. The City shall work with the Mall and the transit, operators at the Mall, prior to the initiation of Shuttle services, to provide for pick-up and drop off points that are convenient to passengers (e.g., easy identification of which bus to board) with easy access between the buses and the Mall, to provide for a reduction or elimination of conflicts between buses, cars, and pedestrians; to provide for a convenient drop off point for passengers on buses terminating their runs at the Mall; and to provide for a location for buses and bus operators to take their scheduled breaks (recovery). It is agreed that the City shall assist in the process of planning of a new, permanent transit terminal facility to accommodate transit operations at or near the Malt by the year 2005. ARTICLE 4 RECORDS AND REPORTS 4.1 Reportin,q Requirements. The City shall collect or assure the collection of all information required for Federal and State repo,ling purposes, and shall provide collected and compiled information to the County no less often than quarterly. The City shall annually prepare and submit audited National Transit Data Base reports as required by the USDOT and submit to the County a copy of said reports no later than ninety (90) days after the close of the County's fiscal year. 4.2 Additional Information. The City shall provide additional information about the Shuttle operations as requested bv th'* County within thirty (30) days, unless a different time period is agreed upon by the City and the County, ARTICLE 5 INSURANCE The parties hereto acknowledge that the City is 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 Agr~3ment in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on fi!e documentation of insurance of any and all private providers operating the Aventura Shuttle routes. In the event that the City contracts with a private vendor for services, the City shall require contractor to meet the insurance requirements found in Exhibit "C", as a minimum. The City shall further require the private operator to include the County as a named insured and shall provide the County with a copy of the insurance policy purchased by any contractor prior to the provision of Shuttle operations. ARTICLE 6 INDEMNIFICATION 6.1 6.2 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 kind 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 attorneys' fees which may issue thereon. The City expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent perform."nce o, 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. 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 8 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 City, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The County expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the County shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the City from any liability or claim arising out of the negligent performance or failura 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 6.3 In the event the City contracts for transportation services authorized by this Agreement, the contractor shall, in its contract with the City, be required to indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents and 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 provision of transportation services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to 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 County, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contract between and City and the contractor include a provision which states that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmYss and defend the County er its officers, employees, agents or instrumentalities as herein provided. Numing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance of the County, its officers, employees, agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE 9 7.1 Grant Matching Funds. In the event the City obtains a grant that requires matching funds, the City shall provide grant-matching funds for state and/or federal grants for capital or operating funds to be used for the Shuttle. The County, upon agreement with the City, may, but shall not be required to, provide all or part of cash or other types of matches required for state and federal grants which may be received by the City for the Shuttle, or for expansion of the Shui."tle, in 2000 and future years. 7.2 Bus Shelters and Benches. The City shall provide, install, and maintain bus shelters, benches and other bus stop furnishing at Shuttle stops along the city's circulator routes. 7.3 Bus Stops and Bus Bays or Pull-outs. The City shall provide, install, and maintain bus stop sites, including bus bays or pull-outs at Shuttle stops along the City's circulator 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. 7.4 City's Share of Supplemental Federal Fundin,q. Beginning with the first year in which the Shuttle's operating statistics are reflected in the National Transit Data Base where those operating statistics result in new or supplemental federal funds flowing to the County, and where those new or supplemental funds are solely attributable to the Shuttle's properly reportec~ operations, the County agrees to pay the City its attributable share of federal formula funds received from USDOT no less than sixty (60) days after funding is received from the federal government, less any direct grants received by the City from the County for the Shuttle, provided that the funds remitted to the City herein shall be used for the expansion, enhancement or maintenance of the Shuttle program. As used herein, the City's attributable share shall be an amount equivalent to those Supplemental Urbanized Area Formula Funds, as described in 49 U.S.C. section 5307, as may be amended from time to time, that the County received as a direct result of Shuttle operations provided by +' ~. City pursuant to this Agreement and as included in the National Transit Data Base. Said attributable share shall be calculated utilizing the following formula: Multiply the City's properly reported annualized Bus Revenue Vehicle Miles statistic that was used in the apportioned federal program for a fiscal year by the "Unit Value for Bus Vehicle Miles for Urbanized Areas over 1,000,000" as reported in the table of Unit Values for Formula Grant Apportio,'~ments, published annuali~, in the Federal Register. NOTE: Historically, apportioned funds are allocated to the County two (2) years after Bus Revenue Vehicle Miles are reported to federal government. 10 7.5 City's Share of Supplemental State Fundinq~ In the event that the Shuttle operations contribute to an increase in the County's State transportation funding, beginning with the first year in which service is reflected in State's reporting system, the County agrees to pay the City its attributable share, as defined in paragraph 7.4 above, of new or supplemental State Transportation Block Grant funding received by the County from FDOT no less than sixty (60) days after funding is received from the State less any direct grants received by the City from the County for the Shuttle. The State funding formula can be found at Section 341.052(6), F.S 7.6 Comparable Agreements: In the event that County enters into an Interlocal Agreement with any other municipality for transit services which are comparable to the services provided herein, but upon more favorable terms for the municipality 'han the terms provided for herein, County agrees to amend this Agreement, if requested by City, to provide substantially equivalent favorable terms to City as those provided in such other County/Municipal Interlocal Agreement. ARTICLE 8 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.1 Term of A,qreement. This Agreement shall commence upon approval ofthe Board of County Commissioners and the City Commission of the City of Aventura and the execution by the County Manager and authorized City representative and shall remain in force for two years thereafter. This Agreement is subject to three cne year options to renew, by agreement between the County Manager and the City Manager. 8.2 Rene.qotiation 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 Rights 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 11 8.5 8.6 when Shuttle operations 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 Manager. 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 the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered. Termination without Cause. The County or the City may terminate this Agreement without cause upon no less than one hundred twenty (120) 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 for the year. 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-Dada Transit Agency 111 NW 1st Street Suite 910 Miami, FI 33128 Attention: Director, Miami-Dade Transit Agency Fax: (305) 375-4605 8.7 FOR CITY OF AVENTURA: City of Aventura Office of the City Manager 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Attention: Eric M Soroka, City Manager Name of Payee. The name of the official payee to whom the County shall issue checks shall be the City of Aventura. 12 8.8 Complete and Binding A,qreement. 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 Governing 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: Ha~ey DteCuty Clerk FOR THE COUNTY: Miami-Dade County, A political subdivision of the State of Florida By its Board of County Commissioners By: County M~nager Date Executed: Approved as to Form and Legal Sufficiency Assistant County Attorney 13 FOR THE CITY OF AVENTURA: ATTEST: Teresa M. Smith, C.M.C. City Clerk City of Aventura, a political subdivision of the State of Florida. APPROVED AS TO LEGAL FORM: citY ,~'torney ' 14