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HomeMy WebLinkAboutExhibitInterlocal Agreement Between Miami -Dade Transit Agency and the City of Miami For Federal Funding Pass -Through Arrangements with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit Administration (FTA 5307) for the City to Operate Bus Circulator Services and 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 Miami, a municipal coporation of the state of Florida, hereinafter referred to as "the City".� WITNESSETH: WHEREAS, Miami -Dade Transit, an Urbanized to pass through Federal Transit Administration (12 Reinvestment Act (ARRA) funding for the City of M4ff WHEREAS, using that funding, the i within the City to benefit local residents and lel a n i � our y „a h o eMi ; and WHEREAS, the City will provide Tni transportation by purchasing trolley bus( through a transportation contractor, which WHEREAS, the prp. off regularly existing Miami -Dade Tas t (7 Metrobus services provided by�M[; and WHEREAS, the supplemental • �a G, tra funds to Drc e: FORE, a Fbrmula P� 07 the Ame a designated FTA wie City of the Cill Ltalling bus grantee,,_, agrees Recovery and ng recipient. n services with improved public operating directly or uled tranTelp s' ervices which may connect with ces and increase the use of the transit willing to provide an alternative form of has secured and obligated the necessary IN CONS IYIG TION of th utual terms, conditions, promises, covenants and payments hereinafter se h, the Coin 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 "Contractor" shall mean any entity, public or pn'1 1 #e„providing public circulator services as described in this Agreement under contract to the City. 1.3 "Circulator" shall mean fixed route or semi -fixed route p transportation Trolley bus services where at least seventy (70%) percent of the s within the City and said circulator service is operated by the City, direct) IF by ract, pursuant to this Agreement and Chapter 31 of the Code of Miami -Dad ounty. 1.4 "The County" shall include Miami -Dade Count; the Miami-DadeTra he Miami -Dade Consumer Services Department, and authorized representatives thereo M� 1.5 'The City" shall mean City of Miami and authonz d.rre msehtatives thereo . ffifio � 1.6 "FDOT' shall mean the FI 'da Department b l?�rransportation and authorized �Y:. representative thereof._ V ma 1.7 "MDT" shall mean the Miami -Dade ns horized re"Wresentatives thereof. 1.8 "USDOT' shall referAe-the U.S. Depa of Tran - rtation, its rules and regulations, and reoresentative'Ph-91-o#ti 1.9 "FTA" shallorrreg66,hthe F&UT M ral Transit 411i istration, its rules and regulations, and representatives thereof .y 1.10 "CSA` ''at can 0%1P nsurrier a ices Department of Miami -Dade County and 1.11 RD" shall refer e Passe ger Transportation Regulatory Division of CSD. 1.12 "Fee eporting R t irements" shall mean those requirements referenced in 49 CFR Section e (a), as be amended from time to time, and found in the National Transit Database rting anual published by the FTA. 1.13 "STS", SpeciaF, ransportation 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 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 #e; City of Miami. 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 MD kd CSD. The City shall be responsible for obtaining copies of the appropriate lawsffiegulat ons, ordinances, and documents and complying therewith. Y.. 2.2 The County Regulatory Requirements. Prior to the��comme-M. ent of the circulator service under this Agreement, the City and/or tractors, if a shall have current 3:�" and valid certificates of transportation, permit nd chauffeur registrations as required by Chapter 31 of the Code of Miami -Dade ounty. Tke City and it ors shall maintain such certificates, registrations itsent during the°Y no of this Agreement. In no event shall the City or any o ors provide an ransportation services contemplated by this Agreement any and all County regulatory requirements are satisfied.:n 2.3 Vehicle Licensing. All vehicles utilized toz rovide transpo a services shall at all times be properly licensed and permittem accordance with a= icable federal, state, and county requirements. Vehicle opera rs sh„a PT55 i-pl... all safety, mechanical, and vehicular standards dated by any'l .J cable cii inty, state, and federal requirements including, but no all safety, m hanical, acid vehicular standards mandated by MDT and CS 2.4 Vehicle Standards Veh' e' shall comply ith all of the requirements contained in Chapters 30 and 3 f ca i -Dade County, pertinent state statutes and FORTotherddtre t yes -,as rn a rescn e d required by CSD or MDT. All vehicles utilized 2W1 tojprovide trans 5. tion ces authorized by this Agreement shall at all times display a�current and va M: my e i and shall comply with safety, mechanical, and vehicular rrrequrements manda,ed by an cable county, state, or federal requirements, including 2.5 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 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 any other requirements mandated by the Code of Miami -Dade County, state statute, or federal law prior to commencement of the circulator service. 2.7 Purchase of Services/Sole Responsibility. City employees, agents, and contractors providing transportation services shall be considered to be, at all times, solely employees, agents, and contactors of the City under its sole direction and not employees, agents, or contractors of the County. 2.8 Compliance with ADA. The City's bus circulator services and the installation of installing bus shelters 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 Circulator 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 Circulator 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. 2.9 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 ate*obligations under this Agreement. 2.10 County's Right to Submit Proposals and Bids. The County shako a given the opportunity `.:.. to bid upon any Requests for Proposals, Requests dor QuaI" iicdons, or Requests for Bids which the City shall issue regarding the pra i on o`F trans po�tat do service and shall be considered, along with private contract ocesrs,tit provision of servitb�be provided by the City pursuant to this Agreement. 2.11 Drug-free Workplace and Testing. In accordance�withRthe Code of MiamizDade County, the City shall certify that it will have a drug-free woikplace program. Further, the City shall require pre-employment drug t ting and other pec drug testing for all persons holding safety -sensitive position defined by USDQ related to transit operation. Effective upon execution of the A the City shaequire that its employees or w,; yww contractor, if applicable, comply it livable requirements of the USDOT regulations for drug and alcohol testi g. To t ae,any terms in this Agreement are inconsistent with -,the USDOT r = u 1,ion, th q irements of the USDOT shall control. _ 0 2.12 City Represents#ive The Viity shall desig_ to .ndividual(s) to act as liaison to the County and notify the Co�infytherea;xrThe City sha( omptly notify the County of any changes. 2.13 Coupt r entativ :�-Whe Cour ty sl all designate individual(s) to act as liaison to the C and nodie City thereof. The County shall promptly notify the City of any changes. 2.1 <m .ndments or m difications Unless provided otherwise elsewhere in this Agreement, ame } dments and mod'iflcations to this Agreement must be in writing and shall require the signa s of the Co Mayor and the City Manager, or his/her designees, subject to authori ' • n by their respective Boards. Notwithstanding the foregoing, amendments to this Agree t rega §'ing alignments, schedules, and fares, as described in Section 2- 150 (c) of th iamDade County Code, may be approved by the County Manager and the Mayor of th ity of Miami, or their designees. ARTICLE 3 CITY OF MIAMI BUS CIRCULATOR SERVICES . -w AND1t�ST�ALLATIOI INSTALLING BUS SHELTERS 3.1 Provision of City Bus Circulator Services. The City shall provide public transportation services to the citizens of the City of Miami. Any changes to routes/schedules 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 Mayor of the City of+Hialeah, or their designees. 3.2 Connection and Coordination with County Bus Routes. The routes serviced with the purchased bus(es) andhetnstaUatlon of installing bus shelters may complement existing County Metrobus routes and will provide the citizens of City of Miami with improved public transportation, which will meet the local public needs. The use of the bus purchase will benefit local businesses along then ws ay. 3.3 Operation of Routes Their Entirety. The City shall be responsible for ensuring that Trolley bus route(s) are operated in their entirety with no de 'ation from the approved routes and schedules unless otherwise authorized by the Cit 3.4 Planning and Scheduling of Circulator Routes. The ?plo%lganning h the MDT Director or his designee, may assist the City staff with technical and scheduling of City bus Circulator services. F.. 3.5 Use of Logo. FTA has a logo uniquely idenitfing ARRA projects uch logo shall at all times be displayed on the exterior of -all vehicles ffiN operation uant to this mugth Agreement. The County shall allow thdc dFdP ay of tt&"Circulator servi > ogo on the County's bus stop signs at all stops common to thae. Cityand;the County . s routes. The City shall be responsible for placing the logo o'ra;tTe pertinent signs where space is available for such logos to be placed. == 3.6 Bus Stop and Signposts. TheCi •vide, install, aii`dRmaTntain bus stop signs and ;.� , signposts at stops along the City's us a or routes,`vtich are not also stops for Metrobus routes. If the City, its con: ctor a ittee, or assignee wishes to install bus stop signs-at,common bus MDT gree to such action and the City shall provide fa ilits; x Frac can acco odate Me Kobus bus stop information. That accommodation shaIf be eifher in the forth of space for Metrobus route decals or space for Metrobus i" is�commo`n fo all other M obs stop signs. If Metrobus information is to be displayed ons .,bus stop signs, MD all provide to the City the materials to be 4;M`' displayed on the bus top s;Q'FWq. ili�ct in the size and format to be specified by the Cou shall responsrblef�Qr installing the Metrobus stop information in the NR b top sig per ttie';secification of the County. If the City moves or discontinues e bus stop w the signFsth�e City's, the City shall be responsible for the cost of e 'ng or removin, a Metro6ris stop information. If the County moves or discontinues th s stop where ign is the County's, the County shall be responsible for the cost of mo m..,or removing t e City of Miami stop information. 3.7 Non-Inte epce and on -Disturbance. The County and the City hereby mutually agree not to interfe it.6r unreasonably impede the free flow of pedestrian movement or of each other's tic transit vehicular traffic or passengers accessing of Metrobus or Trolley bus service in- service vehicles. ARTICLE 4 RECORDS AND REPORTS 4.1 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 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. 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 City Trolley bus service and ihe;i`nstaCla"tion of 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% fe eefttl e FTA FY 2009 award of $4,084,282.85 totaling $204,214,14 for grant administration, finance, project management, and performance reporting. The C $"int; �.� 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, rantEadmirnst ..awarded finance, project management and performance reporting servi 4.4 4.5 Statistics as required by the FederalMN Database, as defined in the annual FT and FTA Circular 2710.2A, "Sampling Procei Bus System Operating Data" which may be (Formerly known as Section 1%FRe.porting). submitted to the County if requestedip .dtinc and records shall be maintained for4 io less thai Accidents and be responsible County and sq using iN working Reporting. Timely `A �nuaLReporting Admin` anon (FTA), Iafional Transit {:. T i _ atabase Reporting Manual I or Obtaining Demand Responsive me ed from time to time by the FTA S = ing documentation shall be Annualfatement will be required Rye (5) yew for FTA triennial review. In addition tahenrgencyVii police notifications, the City shall that all accrka;_ents and incidents are promptly reported to the od at adequate and appropriate documentation of investigation, Heil definitionsube furnished to the County within three (3) days. n n ration of accidents or incidents shall be reported on a form J by the occurrence. Any accident involving major eons perso njury o 0 of life shall be reported to the County within, ne; of o 01. nce. ecords shall be kept for at least three (3) years for each a veh Mit i eluding the repair work required to return the vehicle to 11-4 must also provide t the Miami -Dade County Consumer Services Department (CSDy� Passenger T.a'nsportation Regulatory Division (PTRD) one (1) copy of each accident retort withlry; 2 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 inlfhe.7 NTD Safety and Security Reporting Manual, including the Major Incident Repoit;(within 30 days of occurrence) and the Non -Major Summary Reports (monthly, befor"e end of month following report month). ARTICLE 5 INSURANCE The parties hereto acknowledge that the City is self-insured governmental entity subject to the limitations of Section 768.28,x' 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, Mj The City shall collect and keep on file documentation of insurance of any and all private providers operating the. City of Miami service routes. In the event that the City contracts with a private vendor for services, the City shall require contractor to meet the insurance requirements shown in Figure 1, 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 bus service operations. Figure 1 Insurance Check List (Form H from City of Miami Request for Proposals for Contract for Municipal Circulator Services) AL. 1. Worker's Compensation and Employer's Liability jffe7the I;tatMN limits of the state of Florida. 2. Commercial General Liability (occurrence fo limits ility $1,000,000 per occurrence for bodily injury property daRe inclu ABEY mises/operations; products and completed operations; -independent Cont o broad form property damage endorsement a contractual indemni 1 harmless endorsement exactly as written in 'msu`agce req;u r;�ements" of spe cations). 3 4. Automobile Liability $1,000,000 automobiles included. *,- Excess Liability -$ owned/non-owned/hired primary coverage. 5. The City must be named as an ad l iii re Ion the liability policies; and it must be naed,,as an additio red tit liability policies; and it must be stated on th' Micate. nce ity indemnity ton. esty bond ..�„� IN- v bond $ $ $10,000.00 7. irty days wr } en cancellation notice required. 8. Bes#"" guide rafing B+: VI or better, latest edition. 9. The cent tate must state the bid number and title„ ARTICLE 6 IDEMNIFICATION 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. 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 performance or failure of performance of the County, its officers, employees, agents or instrumentalitiey other related third party. This paragraph is subject to the limitations of Sectio 8.28, 6.2 The County shall, to the extent permitted by law at al es ie er, indemnify and hold harmless the City, and its officers, agents, employees d inst talities from any and � 111 all liability, claims, losses, and causes of actiorrrmc1,21 tng alto fees and costs of defense which the City or its officers, employ s, agents or instrume alities may incur as a result of claims, demands, suits, causes., of actions or proceedin any kind or nature arising out of, or relating to or resulting i rom thefnegligence of th-un ty and/or its officers, employees, agents or instrumentah#ies, dgnngq. he term of s The County shall pay all claims and losses in con, —.16ns therewith, and shall investigate and defend all claims, suits or coons of any kmdx mature in the name of the City, where applicable, including apple oceedings, and,-5ha11 pay all costs, judgments and reasonable attorneys fees which thereon. Th yuity expressly understands and agrees that any insurancepate a aired by this Agreement or otherwise provided by the County shall in no y li o sbility to indemnify, keep and save harmless and defend the City or s cers, a ees, agents or instrumentalities as herein provided Nlothing herein s I be deemed to indemnify the City from any liability or claima-ising octt of the neglige t performance or failure of performance of the City, its officers m-ployeeslagents or in mentalities or any other related third party. This paragraph i stibleet t he limitations a Vection 768.28, F.S. 6.3 In te h City con rads for ti-ans{�' rtation services authorized by this Agreement, t contra s 11, in Jt§ contract with the City, be required to indemnify and hold rmless the CNand its fficers, agents, employees and instrumentalities from any d all liability, c a� = s, Iiabllmties losses, and causes of action, including reasonable a e s' fees an ost of.4 defense which the County, the City or their officers, emp ny e , agents a instrumentalities may incur as a result of claims, demands, suits, causes coons or proceedings of any kind or nature arising out of, or relating to or resultingfro,t the proumsion of transportation services by the contractor and/or its officers, employees, 5111 e:ts 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 and City, 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 floe City and the contractor include a provision which states that the contractor expressly understands and agrees that any insurance protection required by this MRemert` or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County and the City or their officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County and the City from any liability or claim arising out of the negligent performance of the County and the City, their officers, employees, agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE 7.1 Grant Matchinq Funds. There are no matching funds required for this American Recovery 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 s#opfu'mishings, at bus stops along the City's Circulator routes where the City, or its coxaractor;'feels that there is a need for such furnishings. Asv 7.3 Bus Stops and Bus Bays or Pull-outs. The City and maintain bus stop sites, including bueba Circulator routes, provided that any propomodifications or reconfigurations to existin •and approved by the County or State, as p 7.4 Comparable Agreements. In Agreement with any other municip the services provided herein, but u terms provided herein, t e; County City, to provide substantially equiv such other Countv/Wraicipal Intedc TE its us bays or pull-ou' bays o.,r pull-outs s provide, install, along the City's id any proposed re f rst reviewed he event that MM,.punty enters into an Interlocal for Trolley bus ces, which are comparable to po pre�favorable to he municipality than the alrees4f rend this Ag Bement, if requested by the alert favors ipe fl s #. he City as those provided in ►cal gAgre'ements 01, ARTICLE 8, VP A D— ISCELLANEOUS PROVISIONS 8.1 ,Term of Agreem`ei't x This ee�nent shall commence upon approval of the Board of o'�unty Commiss�oraer and t ctl, f City of MiamiorQ. and the execution byeCounty MayortioThis/he designee and authorized City Manager. 8.2 Renegot ation or Modification. Any substantive changes in the level of service to be provided B5%s he City_, set forth herein shall only be implemented after the County and the City have entefA into a written agreement describing the changed services and the J:x;.xa provisions of tt'County Code have been exercised. 8.3 Title V1 and VII Civil Rights Act of 1964. The City and itsContracto s 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 Circulator 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 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 for the year. 8.6 Notices. All notices and other communications required to b emitted pursuant to this Agreement to either party hereto shall be in writing and s a b. delivered by verified facsimile transmission or certified mail, return receipt re , ested, o 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 1b,.. 8.7 shall be City of 8.10 to whom the County shall issue checks 'This writing embodies the full and complete other terms, conditions or modifications shall be binding Ig,,and signed by the parties. be executed in four (4) counterparts, each of which shall Agreement shall be construed in accordance with the laws of the 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 M Approved as to Form and Legal By: Assistant County Attorney ATTEST: By: Date Executed: Approved as to Form and Legal Sufficiency By: City Attorney y Commissioners of the State of 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 correcijcopy of Resolution No. R- , adopted by the said Board of County Commissio as appears of record. IN WITNESS WHEREOF, I have hereu of October, A.D., 2008. 1i Board of County Commissioners Miami -Dade County, Florida meeting held on official IV)N, Clerk anty Commissioners County, Florida Deputy Clerk day