2014-28593 Reso RESOLUTION NO. 2014-28593
A-RESOLUTION OF THE MAYOR AND CITY COMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL FORM AN
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE
CITY OF MIAMI BEACH FOR THE PROVISION OF MUNICIPAL CIRCULATOR
(TROLLEY) SERVICES IN NORTH BEACH, AUTHORIZING THE CITY
ADMINISTRATION TO FINALIZE THE AGREEMENT AND, WHEN FINALIZED,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL
AGREEMENT; PROVIDED, HOWEVER, THAT SHOULD ANY MATERIAL
TERMS CHANGE, REQUIRING THAT THE AGREEMENT COME BACK TO
THE CITY COMMISSION PRIOR TO FINAL APPROVAL AND EXECUTION.
WHEREAS, the City of Miami Beach (City) wishes to enhance transit mobility in the
North Beach community through the operation of a Municipal Circulator"Trolley" Service; and
WHEREAS, the North Beach Trolley will provide transit service to connect commercial,
residential_and recreational activity centers in North Beach, and would provide a mass transit
alternative to attract riders who would otherwise contribute to traffic congestion and parking
shortages by driving; and
WHEREAS, at the September 23, 2013 Commission Budget Workshop, the
Commission approved the creation of a fifth category for transit circulators in tourism eligible
areas from_ the 50 percent portion of Quality of.Life (QOL) resort tax funds; and while not all
portions of the North Beach Trolley_Circulator route may be tourism-eligible, funding could be
swapped with the South Beach Local to result in the necessary funding being available for a
North Beach Trolley Circulator regardless of the route; and
WHEREAS, at the April 30, 2014 City Commission meeting, the Commission approved
the award of Invitation to Bid (ITB) No. 2014-154-SR for North Beach Turnkey Trolley
Operations and Maintenance Services to Limousines of South Florida (LSF); and
WHEREAS, pursuant to the Miami-Dade County Code, an Interlocal Agreement (ILA)
is required to be executed with Miami-Dade County for the provision of such services; and
WHEREAS, this Interlocal Agreement acknowledges the need to establish a service
capable of providing frequent service that is tailored to fulfill the basic transportation needs of
the North Beach community, while reducing the need for parking in the area; and
WHEREAS, the North Beach Trolley will operate four (4) vehicles at ten (10) minute
frequency at all times; and the operating schedule will be Monday through Sunday from 8:00
a.m. to 12:00 a.m.; and
WHEREAS, the North Beach Trolley will be a no fare service; and
WHEREAS, the proposed Interlocal Agreement is attached hereto in substantial form
and made part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve in substantial form, an Interlocal Agreement between Miami-Dade County and the city
of Miami Beach for the provision of municipal circulator (trolley) services in North Beach,
authorizing the City Administration to finalize the agreement and, when finalized, authorizing the
Mayor and City Clerk to execute the final agreement; provided, however, that should any
material terms change, requiring that the agreement come back to the City Commission prior to
final approval and execution.
PASSED AND ADOPTED this 21St day of May, 2014.
ATTEST:
INCORP ORATED: I LI P EV..
RAFYAEL E. GRANA150, ''"." ',� Y R
CITY CLERK �i4C •• � ;" °-�
APPROVED AS TO
FORM &LANGUAGE
&FOR CUTION
City Attorney ate
T:\AGENDA\2014\May\North Beach Trolley ILA Authorization RESO.doc
MIAMI
Interlocal Agreement Between
Miami-Dade County and the City of Miami Beach
for the Provision of Public Transportation Services
This is an Interlocal Agreement, made and entered into by and between Miami-Dade County, a
political subdivision of the State of Florida, hereinafter referred to as "the County" and the City of
Miami Beach, a municipal corporation of the State of Florida, hereinafter referred to as "the
City".
WITNESSETH:
WHEREAS, residents of City of Miami Beach 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 Miami Beach ; andl
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,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, the County and the City agree as follows:
pg. 1
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 private 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 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.
1.4 The County 11 shall include Miami-Dade County, the Miami-Dade Transit Miami-Dade.
Consumer Services Department, and authorized representatives thereof.
1.5 "The City" shall mean City of Miami Beach and authorized representatives thereof.
1.6 "FDOT" shall mean the Florida Department of Transportation and authorized.
1.7 "MDT' shall mean the Miami-Dade Transit and authorized representatives thereof.
1.8 "US DOT' shall refer to the U.S. Department of Transportation, its rules and regulations
and representatives thereof.
1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1.10 "CSD" shall mean the Consumer Services Department of Miami-Dade County
1.11 "PTRD" shall refer to the Passenger Transportation Regulatory division of CSD.
1.12 "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.
1.13 "Fares" for the circulator service shall mean individual transportation fees paid by public
transit passengers in accordance with a schedule of fares adopted by County Ordinance.
1.14 "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.
pg. 2
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 Beach Circulator
Services. The City shall be responsible for requiring 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 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
requirements mandated by the Code of Miami-Dade County, state statute or federal law
prior to commencement of the circulator service.
pg. 3
2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a
contract for the provision of transportation services provided by the City for the benefit of
citizens of City of Miami Beach and of the County. City employees, agents and
contractors providing transportation services shall be considered to be, at all times, solely
employees, agents or 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 allows 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.
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 US.DOT, 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 US DOT
regulations.for drug and alcohol testing. To the extent that any terms in this Agreement
are inconsistent with the US DOT regulation, the requirements of the US DOT 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 designee and the Mayor, or their designees, subject to
authorization by their respective Boards. Notwithstanding the foregoing, amendments to
this Agreement regarding alignments, schedules, and fares, as described in Section 2-
150 (c) of the Miami-Dade County Code, may be approved by the County Mayor or
designee and the Miami Beach City Manager or their designees.
pg. 4
ARTICLE 3
CITY OF MIAMI BEACH 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 Beach as contained in Figure 1 (map) and
schedules contained in Figure 2, copies of which are attached. Changes to Figure 1 or
2 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 designee and the Miami Beach City
Manager or their designees. If in the event the City, after the effective date of this
Interlocal Agreement, should place for bid or solicitation for services described herein the
City shall give Miami-Dade County the opportunity to submit a bid or proposal to provide
that transportation service.
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 Beach Commission, as may be
modified from time to time. Initially no fare shall be collected until such a time as the City
of Miami Beach Commission enacts an Ordnance with an alternative 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.
r-
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 Circulator 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, and transit
website.
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 does not interfere with previously placed signage, and is done in
pg. 5
coordination with MDT staff. The City shall be responsible for placing the logo on the
pertinent signs.
Figure 2
See attached brochures for route schedules
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 Circulator 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 Miami Beach Circulator 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 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.
pg. 6
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 Beach
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.
pg. 7
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- $ .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 $ 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.
pg. 8
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 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 resolve all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments and
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 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.
pg. 9
6.3 In the event the City contracts for transportation services authorized by this Agreement,
the contractor shall, in its contract with the City, be required to indemnify and hold
harmless the County, and its officers, agents employees and instrumentalities from any
and all liability, claims, liabilities, losses, and causes of action, including 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 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 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.
pg. 10
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 route 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
pg. 11
received by the County from FDOT no less than sixty (60) days after funding is received
from the State less any direct grants received by the City from the County for the
Circulator. 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 terms to the City as those provided
in such other County/ Municipal Interlocal Agreements.
pg. 12
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 City of Miami Beach and the execution by
the County Mayor or designee, authorized Mayor, and shall remain in force for five years
thereafter. This Agreement is subject to one five-year automatic option to renew 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, 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 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 determined by the
County Mayor or 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 was 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 any financial assistance it has received for
the Circulator bus service 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:
pg. 13
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit
701 NW 1St Court
Miami, Florida 33135
Attention: Director, Miami-Dade Transit
Fax: (786) 469-5406
FOR CITY OF MIAMI BEACH
Office of the City Manager
Jimmy L. Morales, City Manager
City of Miami Beach
1700 Convention Center Drive,
Miami Beach, FL 33139. Ph. 305.673.7000
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 five (5) counterparts, each of which shall
be deemed an original.
8.9 Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Florida.
pg. 14
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: CITY OF MIAMI BEACH
A Municipal Corporation o.
the State of Florida.
By: C3,, y:
` =' �"� Phili Levin a
_ _ p
'H City of e
:INCORP ORATED= Y
ATTEST: - � :-' e�'~� Miami- e County, a political
Subdivision of the State of Florida
HARVEY RUVIN, CLERK By Its Board of County
Commissioners
By: By:
Date:
DEPUTY CLERK Carlos A. Gimenez
Miami-Dade County Mayor
Approved by County Attorney as
to form and legal sufficiency
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Atto hey ate Pg. 15
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City.Commission Of The City of Miami Beach, Florida, Approving In Substantial Form An
Interlocal Agreement Between Miami-Dade County And The City Of Miami Beach For The Provision Of Municipal Circulator
(Trolley) Services In North Beach, Authorizing The City Administration To Finalize The Agreement And, When Finalized
Authorizing The Mayor And City Clerk To Execute The Final Agreement;Provided,However That Should Any Material Terms
Change, Requiring That The Agreement Come Back To The City Commission Prior To Final Approval And Execution .
Key Intended Outcome Supported: Commission a Comprehensive Mobility Plan Which Gives Priority
Recommendations From Non-Vehicular To Vehicular And Including Parking).
Supporting Data(Surveys,Environmental Scan,etc:The 2012 City of Miami Beach Community Satisfaction Final
Report indicated that customers using Public Transportation in the City feel like the service effectiveness is below average;in
fact,the rating dropped significantly when compared to the 2009 report rating(from 63%to 52%). In addition, Miami-Dade
Transit recommended transit circulator service for the North Beach community in its recent studies,in particular,the Coastal
Communities Transit Plan CCTP completed in 2007.
Item Summa /Recommendation:
At the April 30,2013 City Commission meeting,the Commission approved the award of Invitation to Bid(ITB)No.2014-154-
SR for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida (LSF). The
services procured are all inclusive transportation services, meaning that the selected contractor will provide all necessary
vehicles, equipment, personnel,fuel, licenses and insurances necessary to operate and maintain the service.
Pursuant to Miami-Dade County Code, prior to commencing transit service,an Interlocal Agreement(ILA)is required to be
executed with Miami-Dade County for the provision of such'services.Transportation Department staff has coordinated with
M&-
to-
to develop an Interlocal Agreement for provision of these services in North Beach.
This.Interlocal Agreement acknowledges the need to establish a service capable of providing frequent service and that is
tailored to fulfil the basic transportation needs of the North Beach community,while reducing the need for parking in the area.
The Interlocal Agreement acknowledges that the City of Miami Beach will be providing a circulator service throughout the area
bounded by 65th Street to the south,88th Street to the north,Collins Avenue to the east and Biarritz Drive to the west.This
service will be accomplished through the use of four(4)trolley vehicles,maintaining 10 minute headways during the hours of
operation of Monday through Sunday from 8:00 a.m.to 12:00 a.m.,365 days per year.Passengers will not be charged a fare.
The City is seeking to start service with all NEW trolley vehicles no later than October 31,2014,however at the City's option
and contingent upon approval of the attached Interlocal Agreement (ILA) by the City Commission and the Miami Dade
County's Board of County Commission (BCC),the service could start as early as July 2014.
The execution by City Commission of the above referenced ILA is a prerequisite to the authorization for execution of the
same by the Miami-Dade County Board of County Commission(BCC).The Administration anticipates that County approval
will occur at the BCC meeting scheduled for July 1,2014.
The Administration recommends passing a resolution approving in substantial form,an Interlocal Agreement between Miami-
Dade County and the City of Miami Beach for the provision of municipal circulator (trolley) services in North Beach,
authorizing the City Administration to finalize the agreement and, when finalized, authorizing the Mayor and City Clerk to
execute the final agreement;provided,however,that should any material terms change,requiring that the agreement come
back to the City Commission prior to final approval and execution.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds:
2
Financial impact Summary:
City Clerk's Office Legislative Tracking:
Jose Gonzalez, ext. 6768
Sign-Offs:
Department Director Assistant ft Manager City nager
r
JRG KGB,,& JLM
T:\AGENDA\2014\MAY\North Beach Trolley ILA Author' tion SUM.doc
AGENDA ITEM
IAMIBE H
DATE �' y
NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APP VING IN SUBSTANTIAL FORM AN
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY
OF MIAMI BEACH FOR THE PROVISION OF MUNICIPAL CIRCULATOR
(TROLLEY) SERVICES IN NORTH BEACH, AUTHORIZING THE CITY
ADMINISTRATION TO FINALIZE THE AGREEMENT AND,WHEN FINALIZED,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL
- AGREEMENT; PROVIDED, HOWEVER, THAT SHOULD ANY MATERIAL
TERMS CHANGE, REQUIRING THAT THE AGREEMENT COME BACK TO THE
CITY COMMISSION PRIOR TO FINAL APPROVAL AND EXECUTION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
At the July 29, 2013 meeting of the Neighborhood/Community Affairs Committee (NCAC), the
Administration presented the results of an evaluation of several transit studies completed in recent
years that recommended transit circulator service for the North Beach community, in particular,the
Coastal Communities Transit Plan (CCTP) completed in 2007. Subsequently, staff presented a
preliminary route for a North Beach Circulator based on the CCTP but with some suggested
modifications. As a result of staff's presentation and after some discussion from the NCAC
regarding the-need to improve mobility in North Beach,the Committee directed the Administration to
immediately pursue a transit circulator for North Beach and work with Miami-Dade Transit(MDT)to
implement an express north-south bus route as part of its ongoing bus service restructuring process
in order to connect a proposed North Beach Circulator with the current South Beach Local service.
At the September 23, 2013 Commission Budget Workshop,the Commission approved the creation
of a�fifth_category for-transit circulators in tourism eligible areas from the 50 percent portion of
Quality of Life (QOL) resort tax funds. While not all portions of the North Beach Trolley Circulator
route may be tourism-eligible,funding could be swapped with the South Beach Local to result in the
necessary funding being available for a North Beach Trolley Circulator regardless of the route.
At the April 30,2013 City Commission meeting,the Commission approved the award of Invitation to
Bid (ITB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance Services
to Limousines of South Florida (LSF). The services procured are,all inclusive transportation
services, meaning that the selected contractor will provide all necessary vehicles, equipment,
personnel, fuel, licenses and insurances necessary to operate and maintain the service.
Commission.Memorandum— North Beach Trolley ILA
May 21St, 2014
Page_21of.3___
The City is seeking to start service with all NEW trolley vehicles no later than October 31, 2014,
however at the City's option and contingent upon approval of the attached Interlocal Agreement
(ILA) by the City Commission and the Miami Dade County's Board of County Commission (BCC),
the service could start as early as July 2014.As an incentive to the successful bidder, the City has
agreed to pay a performance premium of twenty percent (20%) of operation cost for the period of
service-in-which all new trolleys are in operation prior to October 31, 2014.
ANALYSIS
Pursuant to Miami-Dade County Code, in order for a municipality to provide transit services, an
Interlocal Agreement(ILA) is required to be executed with Miami-Dade County for the provision of
such services. Transportation Department staff has coordinated with MDT to develop the attached
Interlocal Agreement for provision of municipal transit circulator services in North Beach.
The following system-specific conditions have been included in this agreement:
• The need for a municipal transit circulator for the North Beach community to
establish a service capable of providing frequent service and that is tailored to
fulfil the basic transportation needs of both the community and the municipality,
while reducing the need for parking.
• The provision by the City of regularly scheduled transit services which may
-connect with existing MDT metro bus service and help complement the transit
services provided by MDT.
• The provision by the City of a reliable service consisting of 4 vehicles in
operation, with 10 minute headways and hours of operation, Monday through
Sunday from 8:00 a.m. to 12:00 a.m., 365 days per year.
• The provision by the City of a transit circulator system for the North Beach
community encompassing the area bounded by 65th Street to the south, 88th
Street to the north, Collins Avenue to the east and Biarritz Drive to the west.
• The City will encourage passengers to utilize the proposed transit service by
providing an ambassador style customer service and by not charging a fare;
however the City reserves the right to institute and modify its fare structure from
time to time pursuant to the Miami-Dade County Code of Ordinances.
• The County will assist the City in all outreach efforts by providing information on
the City's circulator through MDT's routine and customary information
dissemination process, including its transit information telephone service, and
transit website.
• Amendments to this agreement regarding alignments, schedules and fares may
be approved by the County Mayor or designee and the City manager or their
designees.
Commission Memorandum— North Beach Trolley ILA
May 21 st.,.2014
Page 3 of 3
RECOMMENDATION
The execution by City Commission of the attached and above referenced ILA is a prerequisite to the
authorization for execution of the same by the Miami-Dade County BCC. The Administration
anticipates that County approval will occur at the BCC meeting scheduled for July 1, 2014.
The Administration recommends passing a resolution approving in substantial form, an Interlocal
Agreement between Miami-Dade County and the city of Miami Beach for the provision of municipal
circulator (trolley) services in North Beach, authorizing the City Administration to finalize the
agreement and,when finalized, authorizing the Mayor and City Clerk to execute the final agreement;
provided, however,that should any material terms change, requiring that the agreement come back
to the City Commission prior to final approval and execution.
Attach nt: North Beach Trolley Interlocal Agreement
JLM/K B/ G/JFG
T:\AGENDA\2014\MAY\North Beach Trolley ILA Memo.doc
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,O . • STOPS 3.
MDT
• POTENTIAL BUS STOPS {•#f J
Figure 2-Hours of Operation, Fares and Other Route Details
Daily 8:00 AM to 12:00 AM, Monday through Sunday(16 hours a day)
Yearly 11680 hours (16 hours a day/365 days a year)
Frequency of trips 10 minutes headways
Duration of trips Approx. 30 minutes per round trip per vehicle
Number of Routes 1 (North Beach Trolley Route), additional optional routes at the City's sole
discretion
Fares Free
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