HomeMy WebLinkAboutExhibit 1 (Version 1)Interlocal Agreement Between
Miami -Dade County and the City of Miami
for the Provision of Public Transportation Services
This is an Interlocal Agreement ("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 Miami, a municipal corporation of the State of Florida, hereinafter
referred to as "the City".
WITNES SETH:
WHEREAS, residents of the City of Miami wish to enhance their transit mobility, and the
operation of a municipal circulator provides the opportunity of transit to match the travel needs
of the residents of City of Miami; and
WHEREAS, the provision of regularly scheduled transit circulator services can help decrease the
need for specialized transportation services by the County; and
WHEREAS, the provision of regularly scheduled transit circulator service iwill connect with
existing Miami -Dade Transit (MDT) services and help increase the use of services provided by
MDT; and
WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental
public transit throughout the City and has secured and obligated the necessary funds to provide;
and
NOW THEREFORE, the parties agree that the City of Miami supplemental public transit mostly
performed by Trolley Buses will be conducted in accordance with this Agreement and all
applicable Federal , State, County, and City laws, codes, rules and regulations; and
IN CONSIDERATION of the mutual terns, 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 "Charter Service" shall mean as defined in Federal Transit Administration ("FTA"), Final
Rule on Charter Service as amended.
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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 "Circulator" 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. May also be known as
"Trolley".
1.5 "The County" shall include Miami -Dade County, the Miami -Dade Transit, the Miami -
Dade Consumer Services Department, and authorized representatives thereof.
1.6 "The City" shall mean City of Miami and authorized representatives there.
1.7 "FDOT" shall mean the Florida Department of Transportation and authorized.
1.8 . "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof.
1.9 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations
and representatives thereof.
1.10 "FTA" shall mean the Federal Transit Administration; its rules and regulations,
representatives thereof.
1.11 "CSD" shall mean the Consumer Services Deparhnerit of Miami -Dade County
1.12 "PTRD" shall.refer to the Passenger Transportation Regulatory division of CSD.
1.13 "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.
1.14 "Fares" for the circulator service shall mean individual transportation fees paid by public
transit passengers in accordance with a schedule of fares adopted by City Ordinance and
as may be amended from time to time by the Miami City Cormnission
1.15 "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.
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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 City of Miami Circulator 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 MDT and
CSD. The City shall be responsible for obtaining copies of the appropriate laws,
regulations, ordinances, and documents and complying therewith.
2.2 The County Regulatory Requirements. Prior to the commencement of the circulator
service under • this Agreement, the City and/or its contractors, if any, shall have current
and valid certificates of transportation, pennits, 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, all safety, mechanical and vehicular standards mandated by
MDT and CSD.
2.4 Vehicle Standards. Vehicles shall comply with all of the Requirements contained in
Chapter 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 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
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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. The parties agree that this Agreement is a
contract for the purchase of transportation services provided by the City for the benefit of
citizens of the City of Miami and 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.
2.8 Compliance with ADA. The City's circulator 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 Circulator service. In fulfillment of the
City's obligation, the City hereby contracts with the County to provide STS service at no
cost to the City. To the extent that any terms in the Agreement are in conflict with 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 the obligations under this Agreement.
The County will assist the City by providing such applicable procurement requirements
to the City Manager at the County's earliest convenience.
2.10 County's Rijght 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 be considered, along with private contractors, for
provision of services to be provided by the City pursuant to this Agreement.
2.11 Drug -free Workplace and Testing. In accordance with the Code of Miami -Dade County,
the City shall certify that it will have dug -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 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.
2.12 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.
2.13 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.
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• 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 Mayor or the Mayor's designee and the City Manager, or their
designees, subject to authorization by their respective Boards.
ARTICLE 3
CITY OF MIAMI TRANSPORTATION SERVICES
3.1 Provision of City Circulator . The City shall provide public transportation service on one
or more routes within the City of Miami as contained in Exhibit A and schedules
contained in Exhibit B, copies of which are attached. Changes to Exhibit 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 Mayor or the Mayor's designee and the City
Manager of the City of Miami, or their designees.
3.2 Fares. The City shall operate the Circulator charging a Circulator fare in accordance with
public transit fares established by the City of Miami Comnussion, as may be modified
from time to time. Notwithstanding the foregoing, the City shall initially have the
following fare structure:
Initial Fares
A) Grove Trolley Pilot Project fare structure to be determined
B) Regular Service for the Health/Stadium District Trolley will be $0.25
C) Service on all other fixed routes will be $1.00
D) Charter Services will be $2.00. The City of Miami is responsible for full
compliance with the Federal Transit Administration ("FTA") Final Rule on
Charter Service effective April 30, 2008 as amended. No trolley paid for in whole
or part with Federal funds including ARRA Funds may be used for Charter
Services.
The City shall accept MDT passes, transfers, or identification entitling a passenger to ride
a Metrobus without paying any additional fare. Qualified passengers shall pay no fare.
MDT Easy Cards and Tickets, or identification entitling a passenger shall be accepted to
enable passengers to ride the Circulator without paying an additional fare.
3.3 Connection and Coordination with County Bus Routes. The Circulator shall connect
with regular County Metro routes at points where the routes, intersect, merge or diverge:
3.4 Operation of Routes Their Entirety. The City shall be responsible for ensuring that
Circulator routes are operated in their entirety with no deviation from the approved routes
and schedules unless otherwise authorized by the City.
3.5 Shuttle Shown on County Bus Schedules. The County shall provide information on the
City's Circulator service through MDT's routine and customary public information
dissemination processes, including its transit information telephone service.
3.6 Issuance of Circulator Schedules. The County shall make available to its Metrobus,
Metrorail and Metromover passengers map and schedules provided by the City to MDT.
3.7 Planning and Scheduling of Circulator Routes. The County, through the MDT Director
or his designee, may assist the City staff with technical support for planning and
scheduling of City circulator services.
3.8 Use of Logo. The City may wish to design a logo uniquely identifying its circulator
service. If they. do so, such logo shall at all times be displayed on the exterior of all
vehicles operation pursuant to this Agreement. The County shall allow the display of the
Circulator logo on the County's bus stop signs at all stops common to the City and the
County bus routes provided the logo does not interfere with previously placed signage,
and is done in coordination with MDT staff. The City shall be responsible for placing the
logo on the pertinent signs.
3.9 Bus Stop Signs and Signposts. The City may provide, install and maintain bus stop signs
and signposts at stops along the City's Circulator routes. In the event that the City, its
contractor, licensee, pernittee, or assignee installs 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 stop
information in/on the bus stop sign facility.
3.10 Bus Passenger Shelters and Benches
The City agrees that it will be the responsibility of the City to comply with all ADA
standards regulations with regards to accessibility to and from bus passengers' stops and
bus shelters which the City installs.
3.11 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 shall be first
reviewed and approved by the County or State, as appropriate.
3.12 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 City of Miami Circulator in-service vehicles.
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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 quarterly. The City shall annually
prepare 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
Circulator service 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 5
INSURANCE
The parties hereto acknowledge the City is 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 in the City of Miami
Circulator 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 3, as
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 Circulator service operations.
Figure 3
Insurance Check List
1. Worker's Compensation and Employer's Liability per the statutory limits of the state of
Florida.
2. Commercial General liability (occurrence form), limits of liability S 1,000,000 per
occurrence for bodily injury property damage to include premises/ operations; products
and completed operations; independent Contractors; broad form property damage
endorsement and contractual indemnity (hold hannless endorsement exactly as written in
"insurance requirements" of specifications).
3. Automobile Liability $ 1,000,000 each occurrence owned/non-owned/ hired
automobiles
included.
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4. Excess Liability - $500,000.00 per occurrence to follow the primary coverage.
5. The City must be named as an additional insured on the.liability policies and it must be
named as an additional insured on the liability policies; and it must be stated on the
certificate.
6. Other Insurance as indicated:
Builders Risk completed value 8
Liquor liability $
Fire legal liability $
Protection and indemnity $
Employee dishonesty bond $
XXXXOther blanket fidelity bond $10,000.00
7. Thirty days written cancellation notice required
8. Best's guide rating B±: VI or better, latest edition.
9. The certificate must state the bid number and title.
ARTICLE 6
INDEMNIFICATION
6.1 The City shall, to the extent pennitted by law at all time 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 an 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 tern 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 perfoinnance 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.
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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 tern of this agreement.
The County 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 City,
where applicable, including appellate proceedings, and shall pay all costs, judgments and
reasonable 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 failure of perfouuiance 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 shall, in its contract with the City, be required to
indemnify and hold harmless the City and the County, and their respective officers,
agents employees and instrumentalities from any and all liability, .claims, liabilities,
losses, and causes of action, including reasonable attorneysfees and cost of defense
which the County, the City or their 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 and City, where applicable, including appellate
proceedings, and shall pay all costs, judgments and attorneys' fee 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 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.
6.4 The County and the City each represent that it is self -insured for Public Liability in
accordance with Florida Statute 768.28
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 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 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 Circulator service, or for
expansion of the Circulator service, in future years.
7.2 Bus Shelters and Benches. The City shall, at its sole option, provide, install, and
maintain bus shelters, benches and other bus stop furnishings,. at. those Circulator service
stops along the City's routes where the City, or its contractor, feels that there is a need
for such furnishings.
7.3 City's Share of supplemental Federal Funding. Beginning with the first year in which the
circulator service's operating statistics are reflected in the National Transit Database,
where those operating statistics result in new or supplemental funds are solely attributable
to the Circulator service's properly reported operations, the County agrees to pay the City
its attributable share of federal foiniula funds received from USDOT no less than
sixty(60) days after funding is received from the federal governrnent, less any direct
grants received by the City from the County for the Circulator, provided that the funds
remitted to the City herein shall be used for the expansion, enhancement or maintenance
of the Circulator service program.
As used herein, the City's attributable share shall be one half of the amount equivalent to
those Supplemental Urbanized Area Fonnnula 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
Circulator serve operations provided by the City pursuant to this Agreement and as
included in the National Transit Database. 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 programs for a fiscal year "Unit Value for Bus
Vehicle Miles for Urbanized Areas over 1,000,000" as reported in the table of Unit
Values for Formula Grant Apportionments, published annually in the Federal Register;
and then multiply that amount by 0.5.
NOTE: Historically, apportioned funds are allocated to the County two (2) years after
Bus Revenue Vehicle Miles are reported to federal government.
7.4 City's Share of Supplemental State Funding. In the event that the Circulator 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
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pay the City its attributable share (one half of the supplemental funding), as defined in
paragraph 7.4 above, of newor 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 Count for the Shuttle.
The State funding formula can be found at Section 341.052(6), F.S.
7.5 Comparable Agreements. In the event that the County enters into an Interlocal
Agreement with any other municipality for Circulator services which are comparable to
the services provided herein, County agrees to amend this Agreement, if requested by .the
City, to provide substantially equivalent favorable terns to the City as those provided in
• such other County/ Municipal Interlocal Agreements.
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Terns of Agreement. This Agreement shall commence upon approval of the Board of
County Commissioners and the Commission of the City of Miami and the execution by
the County Mayor or the Mayor's designee and authorized City Manager and shall
remain in force for five years thereafter. This Agreement is subject to two five-year
automatic renewals under the same contract terns and conditions, all parties have the
right to terminate (see 8.4 and 8.5).
8.2 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.
.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 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 determined by the
County Mayor or the Mayor's designee. 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 termination 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
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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 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
701 NW 1st Court
Miami, Florida 33136
Attention: Director, Miami -Dade Transit
FOR CITY OF MIAMI
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
Johnny Martinez, P.E. - City Manager
(305) 416-1025 VOICE
(305) 416-1019 FAX
8.7 Complete and Binding Agreement. This writing embodies the full and complete
agreement of the parties. No other terries conditions or modifications shall be binding
upon the parties unless in writing and signed by the parties.
8.8 Execution. This document shall be executed in four (4) counterparts, each of which shall
be deemed an original.
8.9 Governing Law, Venue. This Agreement shall be construed in accordance with the laws
of the State of Florida. Venue in any proceedings between the parties shall be in Miami -
Dade County, Florida. Each party will bear their own attorney's fees.
8.10 ' Conflict Resolution. The parties (in lieu of tennination) may seek to negotiate conflicts
between them arising under this Agreement pursuant to the "Florida Governmental
Conflict Resolution Act, Section 164.101 — 164.1061, Florida Statutes.
8.11 Force Majeure. Neither party shall be liable to the other for damages in the event of any
loss, damage, claim, delay or default arising by reason of Acts of God, stone, fire, flood,
earthquake, labor disturbance (including strikes; boycotts,' lockouts, etc.), war or
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terrorism, civil coirunotion, intentional torts of others, criminal activity of others,
shortages or unavailability of labor, present or future governmental law, ordinance, rule,
or regulation, disruption of postal, banking, electrical, telephone or other utility service,
or other cause beyond the control of the party sought to be charged.
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IN WITNESS WHEREOF, the parties have caused
respective and duly authorized officers the day and
ATTEST:
By:
Priscilla A. Thompson, C.M.C.
City Clerk
Approved as to Insurance Requirements:
B v:
Calvin Ellis
Director
this Agreement to be executed by their
year first above written.
FOR THE CITY OF MIAMI,
a Municipal Corporation of the State of
Florida
By:
Johnny Martinez, P.E.
City Manager •
Date Executed:
Approved as to Legal Form and Legal
Sufficiency
By:
Julie O. Bru
City Attorney
This Agreement is subject to the approval of the Miami City Commission prior to execution.
ATTEST:
a Political Subdivision of the State of Florida
HARVEY RUVIN, CLERK
By:
DEPUTY CLERK
Approved by County Attorney as
to form and legal sufficiency
By:
R.A. Cuevas, Jr.
County Attorney
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FOR MIAMI-DADE COUNTY,
By Its Board of County
Commissioners
By:
Carlos A. Gimenez
Miami -Dade County Mayor
Exhibit A - Route
The proposed circulators will enhance both connectivity and frequency of transit service along
their respective routes. The service will essentially consist of .the following 4 circulator routes
described below and depicted in the attached map, and as may be modified from time to time by
the Miami City Commission:
Health/Stadium District Trolley
The City, in collaboration with the Miami Partnership (coalition of major area stakeholders in the Health
District/Civic Center) and the FDOT, has finalized the routes and stop locations for the Health District
Trolley. The proposed loop has been endorsed by the Miami Partnership, City Commission, and the
FDOT which is providing state funds for the operation and maintenance of the initial route for a 3-year
period. The trolley will operate on a 2-way loop within .the Health District area, the second largest
employment center in the County, and the route will extend to the Marlins Stadium via NW 12th Avenue.
This trolley will connect to the Civic Center Metrorail Station on NW 12th Avenue and to the
Allapattah/Overtown route described below. In addition, the trolley service will serve over 14 major
facilities and 9 parking garages in the area, including University of Miami Hospital, Jackson Memorial
Hospital, Veterans Administration Hospital, Miami -Dade College, County Courts, State Attorney's
Office, and other judicial, educational, research, and civic institutions in the area, as well as service the
Marlins Stadium as part of its scheduled route. Based on a systemwide modeling analysis completed in
November 2010, this route is anticipated to attract over 900 riders daily with a proposed $.25 fare
structure.
Brickell/Biscavne Trolley
This trolley will connect to the Brickell Metrorail/Metromover Station located at SW 1st Avenue where a
connection to the future Coral Way Trolley will be provided. The loop extends from SE 26th Road on the
south to the Omni/Margaret Pace Park on the north serving the Brickell, Brickell Key, Downtown, and
Omni areas and connecting to numerous Metromover stations along the route. In addition, the trolley will
operate along Flagler Street to serve the downtown core as well as venues along the route such as the
Adrienne Arsht Center for the Performing Arts, the American Airlines Arena, Bayside Marketplace,
Museum Park, and Bayfront Park. The City anticipates using the existing Miami Parking Authority
parking lot under the I-95/Rickenbacker Causeway flyover as a park -and -ride facility for trolley users.
This trolley route was developed in collaboration with the DDA, BHA, the Brickell Area Association
(BAA), area stakeholders, MDT, and FDOT. Based on a system wide modeling analysis completed in
November 2010, this route is anticipated to attract over 1,500 riders daily with a proposed $1.00 fare
structure.
Overtown/Allapattah Trolley (Additional Optional Route)
The Allapattah/Overtown Trolley is planned to provide service in the Allapattah and Overtown
communities and to connect to the Health/Stadium District and Brickell/Biscayne Trolleys. The City, in
collaboration with area stakeholders, is in the process of developing a service plan for this route with the
specific stop locations and hours of operation. The City has pursued a funding contribution from the
FDOT for 50% of the operational and maintenance costs of the service for a 3-year start-up period. In
Allapattah, the loop is intended to serve dozens of retail and commercial establishments along NW 20t1'
Street from NW 17th Avenue to NW 27th Avenue and will include a stop at the MPA parking garage
located on NW 21 St Street. In Overtown, the loop is intended to serve the Folk -Life Village, schools and
parks, and commercial establishments via NW 3rd Avenue. In addition, this loop will connect to the
Health/Stadium District Trolley at Jackson Memorial Hospital and to the Brickell/Biscayne Trolley at
Omni via NW/NE 14th Street. - This connection will facilitate access to jobs and enhanced public transit
between the Allapattah and Overtown communities and major employment centers in the City as well as
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provide convenient access to points of interest within the communities. Based on a systemwide modeling
analysis completed in November 2010, this route is anticipated to attract over 1,400 riders daily with a
proposed $1.00 fare structure.
Coral Wav Trollev (Additional Optional Route)
The Coral Way-Brickell Trolley is planned to operate along Coral Way serving the commercial, retail,
and residential locations along the corridor. The service is proposed to extend from the Brickell
Metrorail/Metromover Station at SW 1S` Avenue on the east (where a connection to the Brickell/Biscayne
Trolley will be provided) to the City of Coral Gables Trolley that operates along Ponce de Leon Blvd. in
the City of Coral Gables. The City, in collaboration with area stakeholders, is in the process of developing
a service plan for this route with the specific stop locations and hours of operation; and, furthermore, the
City has pursued a funding contribution from the FDOT for 50% of the operational and maintenance costs
of the service for a 3-year start-up period. Based on a system wide modeling analysis completed in
November 2010, this route is anticipated to attract over 700 riders daily with a proposed $1.00 fare
structure.
Grove Trollev Pilot Project (Six -Month Pilot Project)
The Grove Trolley Pilot is planned to operate east along Grand Avenue serving the commercial, retail,
and residential locations along the corridor. The trolley will go north on Mary Street turning north east on
Tigertail Avenue and turning south on Darwin Street. The trolley will follow South Bayshore Drive to
Mary Street turning north west on Grand Avenue turning on Main Highway following Commodore Plaza
to Grand Avenue. The Grove Trolley Pilot service is a six-month pilot project with a fare structure to be
determined. The City, in collaboration with the Coconut Grove Community stakeholders, is in the process
of developing a service plan for this route with the specific stop locations and hours of operation; and,
furthermore.
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Exhibit B — Schedule
TROLLEY PROGRAM PROPOSED..SERVICE PLAN
The table below lists the hours of operation, headways/frequency of service, and fleet requirement for
each proposed route. Please note the City is in the process of finalizing the stop locations and service
plan for the Overtown/Allapattah and Coral Way Trolley routes; therefore, the information listed below is
tentative at this time and subject to further refinement. It is anticipated that the hours of operation for
each particularly route will be adjusted to optimize the ridership of each route in response to feedback
once the routes are operational. In addition, the City anticipates providing extended hours of service to
the Stadium on Marlins game days for a $1.00 fare.
Brickell/Biscayne
Overtown/A lapattah.
Health/Stadium District
6:30 am — 8:00 pm
Monday - Saturday
10 min (peak) / 20
min (off-peak)
10
6:30 am - 6:30 pm* 10 min (peak) / 20 8
Monday — Saturday min (off-peak)
6:30 am — 8:00 pm
Monday - Saturday
10 - 15 min
based on demand
4
Grove Trolley Pilot TBD TBD TBD
Project
Coral Way 6:30 am - 6:30 pm* 10 min (peak) / 20 5
Monday - Saturday min (off-peak)
* Tentative hours of operation pending additional research
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A.
B.
FIGURE 3
INSURANCE REQUIREMENTS
TROLLEY BUS SYSTEM
I. Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
Endorsements Required
City of Miami included as an additional insured
Miami Dade County listed as an additional insured
Contingent and Contractual liability
Premises & Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A.
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Miami Dade County listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
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A.
A.
Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Policy/Excess Liability (Excess Following Form)
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $5,000,000
Aggregate $5,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Miami Dade County listed as an additional insured
Coverage
V. Physical Damage Coverage
Collision $1,000 Deductible
Other than Collision/Combined Additional
Coverage $1,000 Deductible
City of Miami and Miami Dade County listed as loss payees
VI. Fidelity Bond
City of Miami listed as loss payee
$10,000
City of Miami and Miami Dade County listed as loss payees
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not Tess than (30) days prior to any such cancellation or material change, or in
accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue
all insurance policies required above:
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The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
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