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2003-002RESOLUTION NO. 2003-0._~2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BE'I'WEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES 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 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. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Jeffrey M. Perlow yes Resolution No. 2003-02 Page 2 PASSED AND ADOPTED this 7~ day of January, 2003. ~J'J~=REY M. PE~LuW, MAY(JR ATTEST: APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Interlocal Agreement Between Miami-Dade County and the City of Aventura For the Provision of Public 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 City of Aventura, and particularly the Aventura Mall and Biscayne Boulevard corridor area~ has been and continues to be a signifu:ant concern to the residents and merchants of the City of Aventura; and WHEREAS, Aventura is an important center of commerce and business in South Florida and the state, hosting one of the most successful and active shopping malls in Florida; and WHEREAS, the population density of the City of Aventura is among the highest of any municipality in Florida and many of the residents of Aventura are not able to easily access existing transit services due to limited mobility; and WHEREAS, two-thirds of the residents of the city have no public transportation services within a reasonable walking distance and there are no plans for expansion of County transit service in those areas of Aventura that are currently unserved; and WHEREAS, the provision of regularly scheduled transit shuttle service in Aventura could help decrease the need for specialized transportation services provided by Miami-Dade Transit (MDT); and ~ WHEREAS, the provision of regularly scheduled transit shuttle service will connect with existing Miami-Dade Transit services and help increase the use of services provided by MDT; and WHEREAS, the City is willing to provide an alternative form of supplemental public transit within the City and has budgeted the necessary funds to so provide; 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 I. 1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 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 "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 70% 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, Miami-Dade Transit, the Miami-Date 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 representatives thereof. ,'MDT" shall mean Miami-Dale Transit and authorized representatives thereof. "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereo£ "FTA" shall mean the Federal Transit Administration, its rules and regulations, and representatives thereof. "CSD" shall mean the Consumer Services Department of Miami-Dare County and authorized representatives thereof "PT1LD" 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" for shuttle service 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 system designed to provide comparable transit service to disabled individuals as mandated in the ADA. ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with Applicable Laws and Regulations. 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 the City of Aventura Shuttle Transportation Services. The City shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with ail applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. The City shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. 2.2 ~rhe County Regulatory Requirements. Prior to the commencement of the Shuttle under this Agreement, the City and/or its contractors, if any, 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. In no event shall the City or any of its contractors provide any transportation services contemplated by this Agreement until any and all County regulatory requirements are satisfied. 2.3 Vehicle Licensing. All vehicles utilized to provide transportation 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, ail safety, mechanical, and vehicular standards mandated by MDT and CSD. 2.4 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 MDT. All vehicles utilized to provide transportation services authorized by this Agreement shall at all times display a current and valid county permit and shall comply with safety, mechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. 2.5 Chauffeur Requ!rements. 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 MDT. 2.6 Proof of Compliance Prior to Operation. The City and/or its contractors, if any, shall provide the County with proof of compliance with licensure, insurance, and 2.7 2.8 2.9 2.10 2.11 2.I2 any other requkements mandated by the Code of Miami-Dade County, state statute, or federal law prior to commencement of the 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 for the benefit of the County. City employees, agents, and contractors providing transportation 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 services shall comply with all applicable requirements of the ADA. The City and County recognize their joint obligation to provide STS in the area served by the City's Shuttle. In fulfillment of the City's obligation, the City hereby contracts with the County to provide STS -services for trips that have both their origin and destination within the City Shuttle services 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 of 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 transportation service, and shall be considered, along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. Dru~-free Worknlace and Testing. 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. City Representative. The Cky shall designate individual(s) to act as liaison to the County and notify the County thereofi The City shall promptly notify the County of any changes. 2.13 2.14.1 3.1 3.2 County Representative. The County shall designate individual(s) to act as liaison to the City and notify the City there, o[ The County shall promptly notify the City of any changes. 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, 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, or their designees. ARTICLE 3 CITY OF AVENTURA TRANSPORTATION SERVICES Provision of City of Aventura Shuttle Services. The City shall provide public transportation services on one or more routes within the City of Aventura and adjacent municipalities as contained in Exhibit "A" and schedules contained in Exhibit "B", copies of which are attached hereto and made a part thereo£ 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 written consent of the County Manager and the City Manager, or their designees. The City shall not provide shuttle services on additional routes without approval of the Miami-Dare County Board of County Commissioners except as described in Section 2-150(c) of the Code of Miami-Dare County. Fares. The City shall operate the Shuttle without charging a fare to riders. Notwithstanding the foregoing, the City may, upon approval of the County Manager, charge passengers a fare 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. The City shall accept MDT passes, transfers or identification entitling a passenger to ride a Metrobus without paying any addkional fare. 3.3 Connection and Coordination with County Bus Routes. The Shuttle shall connect, at a minimum, with regular County Metmbus routes at points where the routes intersect, merge or diverge, as specified in Exhibit "A". Shuttle operating schedules shall be coordinated with existing County Metmbus service to the extent possible. 3.4 3.5 3.6 3.7 3.8 3.9 3.10 Operation of Routes in Their Entirety. The City shall be responsible for ensuring that Shuttle routes are operated in their entirety with no deviation fi-om the approved routes and schedules. Shuffle 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 MDT's routine and customary public information dissemination processes, including its transit information telephone service. Issuance of Shuttle Schedules. The County shall make available to its Metrobus, Metrorail, and Metromover passengers maps and schedules provided by the City to MDT. Planning and Scheduling of Shuttle Routes. The County, through the MDT Director or his designee, may assist the City staff with technical support for planning and scheduling of Shuttle services. 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 of egressing Metrobus or Shuttle in-service vehicles. Use of Logo. The City may wish to design a logo uniquely identifying its Shuttle. If they do so, 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. 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, MDT 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. ARTICLE 4 RECORDS AND REPORTS 4.1 4.2 Reporting Requirements. The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall provide collected and complied 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. Additional Information. The City shall provide additional information and the Shuttle operations as requested by the County within thirty (30) days, unless a different time period is agreed upon by the City and the County. ARTICLE 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 Agreement in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation of insurance of any and all private providers operating the City of 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 requke 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 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 and relating to 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 6.2 7.1 7.2 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 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. 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 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 performance of the County, its officers, employees, agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE Grant Matching Funds. The City shall, at its sole option, provide grant-matching funds for state and/or federal grants for capital or operating funds to be used for the Transportation Services. The County, upon agreement with the City, may, but shall not be required to provide ali 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 Shuttle, in 2003 and future years. Bus Shelters and Benches. The City shall, at its sole option, provide, install, and maintain bus shelters, benches and other bus stop furnishing at those Shuttle stops along the City's circulator routes where the City, or its contractor, feels that there is a need for such furnishings. 7.3 7.4 8.1 8.2 8.3 8.4 Bus Stops and Bus Bays or Pull-outs. The City shall, at its sole option, 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 reconfigurafions to existing bus bays or pull-outs shall be first reviewed and approved by the County. Comparable Agreements. In the event that the 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 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/Municipal Interlocal Agreements: ARTICLE 8 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS Term of Agreement. This Agreement shall commence upon approval of the Board of County Commissioners and the City Commission of the City of Aventura and the execution by the County Manager and authorized City Manager and shall remain in force for five years thereafter. This Agreement is subject to three one-year options to renew, by agreement between the County Manager and the City_Manager. Renegotiation 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. 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. 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 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. 8.5 8.6 Termination without Cause. The Coumy 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 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: 8.7 FOR MIAMI-DADE COUNTY: Miami-Dade Transit 111 N.W. 1st Street Suite 910 Miami, FL 33128 Attention: Director, Miami-Dade Transit Fax: (305) 375-4605 FOR. CITY OF AVENTURA: City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 Attention: City Manager Fax: 305-466-8939 Name of Payee, The name of the official payee to whom the County shall issue checks shall be the City of Aventura. 8.8 Comvlete and Bindim, Ar, reement. 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 have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written; ATTEST: By: CITY OF AVENTURA a Municipal Corporation o,f the~, ~ Eric'-M. Soroka,X~CMAlCm CITY MANAGER~ ATTEST: DADE COUNTY, a political subdivision of the State of Florida HARVEY RUVIN, CLERK By Its Board of County Commissioners By:: DEPUTY CLERK By: STEVE SHIVER COUNTY MANAGER Approved by County Attorney as to form and legal sufficiency EXHIBIT "A" BI., RDute Breen Route Yellow Route X I~l EXHIBIT "C" CITY OF AVENTURA ,REQUEST FOR BIDS FOR MUNICIPAL TRANS1T SERVICE BID #-02-11-12-2 This is not an Order GENERAL CONDI-I~ONS 4.1: .L~BI-I-~L.T'I'Y, INSURANCE, I TCENSES &PERMITS: Where bidders are required to enter onto City of Aventura property or public right of way to deliver materials or to perform work or services as a result of a bid award, the bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The bidder shall be liable for any damages or loss to the city occasioned by negligence of the bidder (or his agent) or any person the bidder has designated in the completion of this contract as a result of the bid. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to perform services hereunder as required by Florida State Statute, Florida 'Building Code, Mlami-Dade County, or City of Aventura Code, if any. These documents shall be furnished to the City along with the bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the bid and forfeiture of the bid bond. 4.1.2: The Vendor shall furnish to the Finance Support Services Director, City of Aventura, 19200 Country Club Ddve, Aventura, FL 33180, certificate(s) of insurance which indicate that insurance coverages comply with Section 13.1 under Special Conditions of this bid. 4.1.3: COUNTY LZCENSE: No bid may be submitted or awarded unless the bidder has a MTAMI-DADE County License for the operation of a Passenger Motor Carrier. BIDDER'S NAME: COMPANY NAME: