HomeMy WebLinkAboutInterlocal Agrmt. - Public Trans. SrvcsInterlocal 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".
WITNESSETH:
WHEREAS, residents of the City of Miami wish to enhance theirtransit 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 will 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;
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 terms, conditions, promises, covenants and payments hereinafter set
forth, the County and the City agree as follows:
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1.1
1.2
1.3
ARTICLE 1
DEFINITIONS
"ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
"Charter Service As defined in Federal Transit Administration ("FTA"), Final Rule on Charter
Service as amended.
"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 Department 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 Commission
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, 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,
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 statutesand 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 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
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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 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 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.
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.
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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 are to be authorized or approved by the
City of Miami Commission, 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, whose consent will not be unreasonably withheld. Routes designated in Exhibit A as
Optional may be initiated or discontinued by unilateral action of the City of Miami.
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 Commission, as may be modified from time to time.
Initially no fare shall be collected until such a time as the City of Miami Commission enacts an
Ordinance with an alternate fare structure.
If an alternate fare structure is enacted, the City shall accept MDT passes, transfers, or
identification entitling a passenger to ride a Circulator 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.
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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, permittee, 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.
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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
768328, 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.
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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 $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 harmless endorsement exactly as written in
"insurance requirements" of specifications).
3. Automobile Liability- $ 1,000,000 each occurrence owned/non-owned/ hired automobiles
included.
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
Liquor liability
Fire legal liability
Protection and indemnity
Employee dishonesty bond
x Other blanket fidelity bond
7. Thirty days written cancellation notice required
8. Best's guide rating B+: VI or better, Iatest edition.
9. The certificate must state the bid number and title,
$
$
$10,000.00
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ARTICLE 6
INDEMNIFICATION
6.1 The City shall, to the extent permitted 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 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 inay 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 instrumentalities or any other related third party. This paragraph is subject to the limitations of
Section 768.28, F.S.
6.2 The County shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the City, and its officers, agents, employees and instrumentalities from any and all
liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which
the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes, of actions or proceedings of any kind or nature arising out of, or relating to
or resulting from the negligence of the County and/or its officers, employees, agents or
instrumentalities, during the term of this agreement. The County shall pay all claims and losses in
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 performance of the City, its officers,
employees, agents or instrumentalities or any other related third party. This paragraph is subject
to the limitations of Section 768.28, F.S.
6.3 In the event the City contracts for transportation services authorized by this Agreement, the
contractor shall, in its contract 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 attorneys' fees 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 contractorshall be required to pay all claims and losses in
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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
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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 formula funds received from USDOT no less than sixty(60) days after funding is received
from the federal government, less any direct grants received by the City from the County for the
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 Formula Funds, as described in 49 U.S.C, Section 5307, as may be
amended from time to time, that the County received as a direct result of 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 pay the City its attributable
share (one half of the supplemental funding), as defined in paragraph 7.3 above, of new or
supplemental state Transportation Block Grant funding received by the County from FDOT no
less than sixty (60) days after funding is received from the State less any direct grants received by
the City from the 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
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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.
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ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Terms 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 seven years
thereafter. This Agreement is subject to two five-year automatic renewals under the same contract
terms 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, specifying the cause(s) for termination,
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 to be not
less than thirty (30) days, in which case the termination party may cancel the termination notice
using the same means by which the notice of termination delivered. It is expressly understood and
agreed to by the parties that Miami -Dade County at its',discretion may terminate this agreement
with less than 30 days notice for violations of federal, state, or county health and/or safety
regulations or provisions. For purposes of this Section the reasons justifying Termination for
Cause consist of:
(a) Failure of the noticed party to comply with the material terms of this Agreement which
shall be deemed to include any law, rule or regulation of a governmental agency having
jurisdiction over the activities undertaken pursuant to this Agreement; or
(b) Failure to comply with applicable County Regulatory requirements applicable to this
Agreement as set forth in Chapter 31 of the Miami -Dade County Code ; or
( c) Claims made by others ( e.g. vendors, suppliers, subcontractors) for unpaid goods,
labor, and materials which are not controverted or disputed and which remain unpaid for longer
than forty five(45) days from submission of a "proper invoice" as defined by Florida's Local
Government Prompt Payment Act , Section § 218.70- 218.79, Florida Statutes.
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8.5 Recording. The parties agree that this Agreement will not be recorded in the public records of
Miami -Dade County.
8.6 Notices. All notices and other communications required to be remitted pursuant to this Agreement
to either panty 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 15t 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 terms, 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 termination) 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, storm, fire, flood, earthquake,
labor disturbance (including strikes, boycotts, lockouts, etc.), war or terrorism, civil commotion,
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.
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:
Appro
1'
1
This Agreement is subject to the approval of the Miami City Commission prior to execution.
riscilla A.
City Cler
ed as to Ins r
Calvin E
Director
1/
nce Requirements:
FOR THE CITY OF MIAMI,
a Municipal Corporation of the State of Florida
hnny Martinez, P.E.
ity Manag r
Date Executed: 7. 5 I
Approved as to Legal Form and Legal Sufficiency
Julie O.
City Attorney
ATTEST:
a Political Subdivision of the State of Florida
DEPUTY CLERK 3
Approved by County Attorney as
to form and legal sufficiency
FOR MIAMI-DADE COUNTY,
By Its Board of County
Comm'.'oners
B!
arlos A. Gimenez
Miami -Dade County Mayor
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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 12"' Avenue. This trolley will connect to the Civic Center Metrorail Station
on NW 12"' 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.
Brickell/Biscavne Trolley
This trolley will connect to the Brickell Metrorail/Metromover Station located at SW 15' Avenue where a
connection to the future Coral Way Trolley will be provided. The loop extends from SE 26`" 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, Dayside 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.
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. Further, we anticipate seeking 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
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retail and commercial establishments along NW 20"' Street from NW 17`h Avenue to NW 27'h Avenue and will
include a stop at the MPA parking garage located on NW 21st Street. In Overtown, the loop is intended to serve the
Folk -Life Village, schools and parks, and commercial establishments via NW 3`d Avenue. In addition, this Ioop
will connect to the Health/Stadium District Trolley at Jackson Memorial Hospital and to the Brickell/Biscayne
Trolley at Omni via NW/NE 14'h 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 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.
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Coral Way Trolley (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 1" Avenue on the east (where a connection to the BrickellBiscayne 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, we intend seeking 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.
Grove Trolley Pilot Protect (Six -Month Additional Optional 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.
Overtown/Health District Circulator Trolley
The trolley will operate on a 1-way loop within the Health District/Overtown area. This trolley will connect to the
Calmer Metrorail Station on NW 7th Avenue, the Allapattah/Overtown route and the Health/Stadium District route
described above. The route will traverse NW 10a' Street, NW 2,d Avenue and NW 8a' Street in Overtown. In
addition, the trolley service will serve major facilities and parking garages in the area, including University of
Miami Hospital, Jackson Memorial Hospital, Miami -Dade College, schools and parks, the Lyric Theater, and other
civic institutions in the area.
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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 fiirther 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.
Route
13rickeii/Biscayne
Overtown/Allapattah
Health/Stadium District
Hours of Operation Headways # of Vehicles
(subject to future
adjustments for
optimization)
6:30 am —11:30 pm 10 min (peak) / 20 10
Monday - Saturday min (off-peak)
6:30 am - 6:30 pm* 10 min (peak) / 20 8
Monday —Saturday min (off-peak)
6:30 am —11:30 pm 10 - 15 min
Monday -Saturday 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)
Overtown/Health District
Circulator
TBD TBD
TBD
* Tentative hours of operation pending additional research
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FIGURE 3A
INSURANCE REQUIREMENTS
TROLLEY BUS SYSTEM
I. Commercial General Liability
A. 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
B. 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
Employer's Liability
A. Limits of Liability
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$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)
A. 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 $10,000
City of Miami listed as loss payee
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 less 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:
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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