Interlocal Agreement with Miami-Dade County co/6 -- 029 261
dal
Interlocal Agreement Between
Miami-Dade County and the City of Miami Beach
For the Provision of Public Transportation Services
For the operation of the South Beach Trolley
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, the County currently operates the South Beach Local circulator service (Route
123) on behalf of the City and under the provisions established in the Interlocal Agreement
approved by County resolution R-1009-05; and
WHEREAS, the South Beach Local route resulted from merging the abolished Electrowave
and route W, operated.by the City and County respectively until 2005; and
WHEREAS, the County is currently responsible for approximately 2/3 of the total cost or
$2,600,000 of the annual operation of South Beach Local; and
WHEREAS, the City has held discussions at several public hearings where Miami Beach
residents have provided feedback regarding their transit needs in the South Beach area, including
better connectivity between Alton Rd and Washington Ave, newer vehicles in operation, a
friendlier customer service and higher frequency of service; and
WHEREAS, the City passed Resolution 2016-29269 approving a South Beach Trolley
route and service plan (the South Beach Trolley Route) to replace the existing South Beach Local
service and which takes into consideration the resident's feedback; and
WHEREAS, the City plans to outsource the operation of the proposed route on a full-
turnkey basis through a third party contractor; and
WHEREAS, the City has identified local funding to cover 100% of the annual cost to
operate the proposed route; and
WHEREAS, the City has provided an opportunity for the County to bid for said services;
and
WHEREAS, the County's Department of Transportation and Public Works (DTPW) has
reviewed the proposed route's alignment and service plan and agrees that it represents an
improvement to mobility within the vicinity; and
pg. 1
•
WHEREAS, the proposed service requires the use of new vehicles which can take a
minimum manufacturing time that may exceed the current term of the existing South Beach Local
Agreement; and
WHEREAS, DTPW recommends any new service replacing the South Beach Local to align
with a bus line-up in order to ensure a smooth transition of service (with line-ups occurring twice
a year, in November and June); and
WHEREAS, this Interlocal Agreement involves the extension of the existing South Beach
Local Interlocal Agreement until the next line-up upon all City's vehicles being delivered to the
City and ready to operate.
NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, the County and the City agree as follows:
ARTICLE 1
DEFINITIONS
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" shall include Miami-Dade County, the Miami-Dade Department of
Transportation and Public Works (DPTW). Miami-Dade County Consumer Services
Passenger Transportation Regulatory Division (CSPTRD), 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 "DTPW" 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
represents Ives thereof.
pg. 2
1.10 "(CSPTRD)" shall mean the County Consumer Services Passenger Transportation
Regulatory Division of Miami-Dade County
1.11 _ "PTRD" shall refer to the Passenger Transportation Regulatory Division of the County.
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.
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
DTPW and CSPTRD. 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 DTPW and
CSPTRD.
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
pg. 3
directives as may be prescribed and required by CSPTRD or DTPW. 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 CSPTRD or DTPW.
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 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 Druq-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.
pg. 4
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. Amendments and modifications to this Agreement must be
in writing and shall require the signatures of the County Mayor or designee and the City
Manager, or designee, subject to authorization by their respective Boards. Notwithstanding
the foregoing, amendments to this Agreement regarding alignments, schedules, and fares,
ONLY as described in Section 2-150 (c)of the Miami-Dade County Code, may be approved
by the County Mayor or designee and the City Manager or designees; changes shall be
consistent with Chapter 31 of the Code of Miami-Dade County.
The following steps must be performed, during the planning phase of
changes/modifications to the routes, schedules and fares: 1) advertise a notice of public
hearing in English and Spanish; and 2) conduct a minimum of one public hearing that gives
the community an opportunity to voice their opinion concerning the change; and 3)consider
feedback within the proposed modification. The City must present proof to Miami-Dade
County that these steps were followed prior to the route being implemented. In addition,
the City must notify Miami-Dade County and seek County approval under the following
circumstances:
• Prior to raising fares
• If the City decides to site or locate a vehicle storage facility, maintenance facility or
operations center which requires land acquisition or the displacement of persons
from their residences and businesses for which a National Environmental Policy
Act (NEPA) process has not been completed (NOTE: A facility does not include
bus shelters, transit stations or power substations)
• Prior to the submission of the City's Title VI Plan, the Public Participation Plan
must be reviewed and approved by Miami-Dade County Office of Civil Rights and
Labor Relations for the Department of Transportation and Public Works. The plan
must include an outreach plan to engage the City's pre-determine traditionally
underserved community
• Prior to conducting either an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS) for new projects
ARTICLE 3
CITY OF MIAMI BEACH TRANSPORTATION SERVICES
3.1.1 Route and Schedule. This Agreement provides consent for the City to provide public
transportation services along the approved route (Figure 1), and schedule/service-plan
(Figure 2), copies of which are attached and consistent with the starting date and terms as
outlined in Section 8.1 of this Agreement.
pg. 5
3.1.2 Opportunity to Bid. The City shall give Miami-Dade County an opportunity to bid should the
City decide to have a third party operate the transit services described herein.
3.1.3 Miscellaneous. The City or City's Contractor shall provide adequate customer service
training to its employees. Drivers, dispatchers and supervisors shall be subject to a training
program inclusive of the recommended practices established by the American Public
Transportation Association (APTA) in documents BTS-BO-RP-001-07 and BTS-BO-RP
0002-07 (copies have been previously been provided to the city).
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 approves an alternative fare structure.
If an alternate fare structure is enacted, the City shall accept DTPW passes, transfers, or
identification entitling a passenger to ride a Circulator without paying any additional fare.
Qualified passengers shall pay no fare. DTPW 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 in 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 County.
3.5 Circulator Shown on County Bus Schedules. The County shall provide information on the
City's Circulator service through DTPW'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 DTPW.
3.7 Planning and Scheduling of Circulator Routes. The County, through the DTPW 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 coordination with
DTPW staff. The City shall be responsible for placing the logo on the pertinent signs.
pg. 6
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, DTPW 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 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. Shall the County determine that existing
shared bus bays are insufficient (space wise)for the bus volume, then the City shall identify
new bay areas at its expense, where buses can be accommodated as needed.
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. 7
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. 8
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 $
XOther 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. 9
•
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. 10
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. 11
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 US DOT 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 by .5 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.
NOTE: Historically, apportioned funds are allocated to the County two (2) years after Bus
Revenue Vehicle Miles are reported to federal government.
pg. 12
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-supple.rnental, 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.County for the Circulator.
The.State funding formula can be found at Section 341.052(6), F.S.
pg. 13
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 - Terms of Agreerrient. This Agreement shall remain in force for five years, with one (1) five-
' 'year option renew under the same contract terms and conditions. Notwithstanding the
foregoing; all parties have the right'to terminate this Agreement pursuant to subsections
8.4 and 8.5. The City and County hereby agree'that all terms and conditions of the attached
exhibit A (South Beach Local Interlocal Agreement) remain in effect until the last day of the
DTPW line-up following delivery of all vehicles required for the proposed South Beach
Trolley service. The South Beach Local service may be properly discontinued by the City,
without penalty, effective at the end of a DTPW line-up, following written notice from the
City, provided at least one hundred and twenty (120) days prior to the end of the then
current DTPW line-up, advising the County that the new fleet of vehicles and all personnel
will be ready to start operation of the South Beach Trolley route at the next available line-
up. In such case, the South Beach Trolley route shall commence operation pursuant to this
Agreement no sooner than the next available line-up (November or June).
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. The City and its Contractor agree to comply
with any portion of the Title VI and VII of the Civil Rights Act of 1964 applicable to the
operation of this route.
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
pg. 14
facsimile transmission or e-mailed (with certified mail copy), return receipt requested, to
the parties at the address indicated below:
FOR MIAMI-DADS COUNTY:
Miami-Dade Trans,gortation and Public Works (DTPW)
701 NW 1st Court;17t Floor.
Miami, Florida 33136
Attention: Director
Fax: (786) 469-5406
FOR CITY OF MIAMI BEACH _.
City of Miami Beach
Transportation Department
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: Director
Fax: (786) 394-5473
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: City Manager
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. This Agreement shall be construed in accordance with the laws of the
State of Florida.
•
pg. 15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective and duly au orized officers the day and year first above written.
ATTEST: 7/ CITY OF MIAMI BEACH
j A Municipal Corporation of
the State of Florid =
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By: �r ��
! T'1'�ST: r �: � , ' May - G
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;. : 7.1 - ;r of !' mi - :ch
t
Rafael E. Gr. ?.,;; J A �_
ATTES i `r/;' ��.I�lf A .44 DADE COUNTY
QI tical Subdivision of
• `J ' ' _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 #0
to form and legal sufficiency
APPROVED AS TO
FORM & LANGUAGE
&FOR/EXECUTION
04•-Q_Oc. (12- ri
2'‘'v Attorney Dci
pg. 16
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•
Figure 2 (Schedule and Service Plan)
Number of On-Route Vehicles:
Ten (10) low-floor trolley vehicles (of which five (5) operate in the clockwise direction and
five operate in the counterclockwise direction)
Number of Spare Vehicles:
Two (2) trolley vehicles
Vehicle Capacity:
30 Passengers
Headways/Frequency:
10-15 Minutes
Hours of Operation (Including Holidays):
Monday-Saturday from 6:00 AM to 12:00 AM (18 hours/day)
Sundays from 8:00 AM to 12:00 AM (16 hours/day)
pg. 18
Exhibit A (South Beach Local Inter0oca0 Agreement)
Doc# 2011-27773
pg. 19
(op 9 I/ dLoi!— X7773
Interlocal Agreement
--between
Miami-Dade County and the City of Miami .Beach
for the Provision of •
A-Transit Circulator Route Service in South Beach
to be Known as the SOUTH BEACH LOCAL
•
This is an Interlocal Agreement, made and •entered into the . day of
,..201-1, 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, the County operates the South Beach Local-as a two-way .circular
. transit service to the eastern and western areas of South .Beach; and . • , _ .
•
• WHEREAS, both the City.and •the County wish to have the County 'Continue.to •
• operate-the circulator route'service in:South Beach,.to be known as 'The•South Beach
. Local" and
WHEREAS, the. South Beach ..Local provides transit service -to, connect • .
commercial -and recreational activity centers •with 'the . high density. residential .
. • neighborhoods and tourist activities in .South :Beach, and would provide the advantages .
of small buses with short headways and low-cost fares to attract riders who would
otherwise contribute to-traffic congestion and parking shortages by driving; and
•
WHEREAS; the "South' .Beach -Local combines the, transit resources -of the
County'.s consolidated routes •to provide a circulator which' maximizes service-to the.
community, while eliminating,service duplication and waste of public resources. . •
• NOW, -THEREFORE, IN CONSIDERATION of the mutual 'terms, conditions,
promises, covenants and .payrrients 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 "Contractor" shall mean any entity, public or private, providing public transit
services or contributing to the .provision of the services .described in this
. Agreement.under contract to the County. ,
• . 1-
•
• 1.3 "The County" shall include Miami-Dade County, •the Miami-Dade 'Transit, the
Miami-Dade Consumer Services Department, and authorized representatives
• thereof.
1.4 "The City" shall mean the City of Miami Beach.and authorized representatives
thereof.
•
1.5 "MDT" shall mean the Miami-Dade Transit and authorized representatives
• thereof:
•
1.6 "USDOT" shall refer to the U.S. Department of Transportation, its rules and
regulations, and representatives thereof.
1.7 "Fare" for shuttle service shall mean the individual transportation fee paid by
public transit passengers, in accordance with this Agreement.
1.8 "Line-up(s)" shall refer to the event(s) when new schedules or service is•
implemented by MDT in accordance with the CBA, as said terrri is defined in
Subsection 1.9 below. •
1.9 "CBA" shall mean Collective Bargaining Agreement between the Miami-Dade
• County and the Transport Workers Union Local.291.
1 .10 "TWU" shall mean Transport Workers Union Local 291.
1.11 "The South .Beach Local" shall mean a Bi-Directional Transit Circulator Route
'Service in South.Beach, operating diesel minibuses.
1'.12 "TOS" shall mean a Transit Operation 'Supervisor (TOS) who will be assigned to •
• . the zone where the South Beach Local bus •service will be provided; a TOS will
monitor the South Beach Local bus service on the field level.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Applicable Laws and Regulations. The City and 'the County and
-their contractors, if any, shall comply with all existing and future laws, statutes,
ordinances, codes, rules, regulations, CBA and procedural requirements,
whether federal, state, or local, which are applicable.to, or in any manner affect,
• the provision of the South Beach Local service. The County 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,
2
•
•
•
all safety, mechanical, and vehicular standards mandated by appropriate laws,
regulations, ordinances, and documents and complying therewith.
• .2.2 Vehicles. All vehicles utilized to provide.the South Beach Local service shall be
'owned and maintained by the County and shall be part of the MDT fleet. The
vehicles 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: The vehicles
shall be maintained in conformance with manufacturer's specifications, MDT
standards, and in compliance with applicable-federal funding requirements.
• 2.2.1 Vehicles shall be painted or decaled in distinctive livery, such as the
special logos, colors and designs shown in 'Exhibit A. The logo of. the.
South Beach Local service shall be displayed on the vehicles along with
the,logo or other branding being used by the County. The vehicles in this
livery . shall be used only for the South Beach Local service. . In
• circumstances when the special-liveried buses are not available for
service, standard Metrobus minibuses may be used. •
•
2.2.2 All vehicles will be equipped with Automatic Passenger Counters (APC).
All vehicles will.be equipped with on-board surveillance equipment (voice .
• and video) and.automated vehicle locator (AVL) systems.
•
.2.2.3 In the event that this Agreement is'terminated prior to the useful life of the •
vehicles, as specified in Federal regulations, •MDT shall reimburse FTA the
depreciated value of the four (4) vehicles purchased with FTA-funds that
the City received as either a.direct recipient or a pass through from MDT-
and .that were transferred to the County. Any money remaining after the
• disposal of the.buses and reimbursemerit•to FTA shall be provided to the
• City. The vehicles purchased by the County shall remain part of the MDT
•
• service fleet and can be repainted or redecaled -to conform.to standard
Metrobus livery then in effect. •
2.2.4 In the event that this Agreement is terminated, the County agrees to allow
the City to purchase additional diesel minibuses from its bus procurement
contract and at the sole option of the City. . •
2.3 Compliance with Procurement- Requirements. The County and the City agree 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. •
•
.2:4 • Drug-free Workplace and Testing. In accordance with the Code•Of Miami-Dade
• County, the County, and its contractors, if any shall continue to maintain a drug
free workplace program, including pre-employment drug testing and other
periodic drug testing for all.persons holding safety-sensitive positions, as defined
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•
•
by USDOT, related to transit operations. Effective upon execution of. the
• - Agreement, the County shall require that its employees ,and contractors, 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.
• - 2.5 County Representative. The C.ounty will enhance service supervision for the
South•Beach Local service by assigning a Transit Operation Supervisor (TOS) to •
the.zone where the"service will be provided; a TOS will monitor the South Beach
Local route service on the field level: The Director or his .Designee.shall act as.a •
contact person for the City Representative. Customer service will be provided
. through the County's 311 system.. •
2.6 City Representative. The City Manager or his designee shall act as liaison to the •
• County's staff and notify the County thereof. The City shall promptly notify the
County.of any changes.
2.7 Public Coordination. The County and City Representatives` shall present
• proposed modifications to the alignment,- schedule and fare of.the South Beach
• • Local service to the City of Miami Beach Transportation and Parking Committee
(TPC). In addition, the County Representative shall provide to the TPC biannual
'presentations on the overall performance and quality of service of the South
. Beach Local service that shall include ridership data and trends, supporting data •
•for Service Standards, and any other data reasonably requested by the City.
• 2.8 - 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 and the City Manager, or
their designees, subject -to authorization by. their respective Board and
Commission: 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 and the
City. Manager, or their. designees, subject to authorization by. the City
•Comrriission.
ARTICLE 3 •
•
THE SOUTH-BEACH LOCAL SERVICE.
3.1 Provision of the South Beach Local Service. The County shall provide the South -
Beach Local service within the.southern portion of the City of Miami Beach atthe
locations and according to routes as contained in .Exhibit .B -and schedules
contained in Exhibit C. Any changes to Exhibits B or C 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 and the City.Manager, or their designees,.
•
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•
Exhibit C defines the level of service that is required under this Agreement. The .
. County will provide sufficient resources, including, but not limited to, buses and
drivers, to maintain this level of service.
•
3.2 Fares. The fare for the South Beach Local service shall be twenty five cents
($0.25). Any proposed changes to the regular fare of $0.25 will be presented to
the City's TPC and must be approved by the City and County Commissions.
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 South Beach Local service without paying any additional fare. The South
Beach Local service operators shall • charge 'fares as appropriate and . in
compliance with County Code• and applicable laws, rules and regulations.
Operators will accept Easy Cards, Easy Tickets, or cash. Transfers were
discontinued in 2009, therefore, there is no transfer fare. -
3.3 Connection and Coordination with Regular Metrobus Routes. The South Beach . •
Local service shall enable passengers to connect with other County Metrobus
routes at points where the routes intersect, merge, or diverge. The South Beach
Local service operating.schedules shall be coordinated with County Metrobus
service to the extent possible. .
3:4- The South Beach Local Service Shown on County Bus Schedules and Maps.
The County shall include the South Beach Local service on'the County's Transit
Map. Such inclusion shall commence with the regular publication of the County's
Transit Map. .The County shall also provide information on the South Beach Local
service -through MDT's routine and customary public information dissemination
processes, including its transit information telephone service and on the transit
web site.
3.5 Issuance of the South Beach Local Service Schedules. The County shall make
available to its Metrobus, Metrorail, and Metromover passengers and potential •
passengers maps and schedules of the South•Beach.Local service. Such maps
and schedules shall display the logo, "South Beach Local", and.County branding. •
3.6 Bus Passenger Shelters and Benches. •The City or its contractor shall install and •
maintain the bus passenger.shelters and/or benches at all of the South Beach
Local bus•stops where site conditions allow. Where shelters cannot be installed,
the City or its contractor shall install and maintain bus passenger benches. The
County shall provide, install, and maintain bus stop signs and sign posts at
Shuttle stops along route of the South Beach Local service. The City agrees that •
•
it will be the responsibility of the City to comply with all 'ADA 'regulations with
regards to accessibility to and from bus passenger stops and bus shelters. •
3:7 Service Quality Standards. The County shall abide by its Service Standards and
the Service Quality Standards provided by the City for the South .Beach Local
service and hereby attached as.Exhibit D.
•
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•
•
3.8 Selection of Drivers. Drivers will pick this route in accordance with the Collective
Bargaining•Agreement (CBA).
•
. 3.9 Bus Driver Training. Bus driver training material will include information on the
• South Beach Local service and the unique nature of the South Beach
community. When bus drivers are hired, the County shall conduct Customer
(Exhibit 'E and is encouraged to conduct an .
Service Excellence Training ( ) g
- Ambassador Training. (Exhibit F) -for bus .drivers and Transit Operations
• Supervisors (TOS) and make courteous service part of Bus Operators and TOS
• • performance evaluation. The South Beach Local route map will •ihclude the
location of South Beach destinations so that bus drivers will be able to answer
such requests from passengers. Refresher training will be conducted as required
by CBA. .
3.10 :Reports. -The County shall provide the City Representative.a quarterly report of
• performance that shall include ridership data and trends, supporting data for• .
Service Standards, and any other data reasonably requested by the City.
•
The County shall provide an annual performance report to the City. Annual
reports shall be submitted in May of each year and shall include ridership data
and trends, supporting data for Service Standards, and any other data
• reasonably requested by-the City. .
:The County shall provide in March of each year the projected operating .costs for
the South Beach Local service for the next fiscal year. "The County shall provide
finalized costs in July of each year for consideration by the City Commission as
• part of the City's annual budget preparation process.
• Pursuant to Federal Transit Administration funding requirements, the County
shall•provide the following information to the City on an annual basis: .
1. .Equal Employment Opportunity complaints related to employees that
• operate the.South Beach Local and their resolutions.
2. Annual maintenance records for Optima buses 6341 , 6342, 6343, and
6344.. Records must include the mileage of the buses at time of
preventative maintenance. .
• 3. Maintenance records for ADA accessibility repairs to Optima buses 6341,
• 6342, 6343, and 6344.
• 4. Notification to the City upon receipt of applications for ADA certifications
for the South Beach service area, including approvals, denials, and
appeals. •
5. ADA complaints related to the SBL and their resolutions.
6. Copies of submitted annual calendar year Management Information
System (MIS) reports for MDT, subrecipients, contractors, subcontractors,
-and lessees summarizing drug and alcohol test results-forms.
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7. Documentation of notifications to the South Beach service area regarding
•
the public's-rights under the Title VI of the Civil Rights Act of 1964. •
8. Documentation on service equity complaints related to the.SBL.
3.11 City Commission Action. Any South Beach Local service — related items that
require consideration and approval by the City Commission shall .be.submitted in
writing by the County to the City Representative no later than sixty (60) days prior •
1 to the specified Commission Meeting date. Examples of such items are the
proposed annual operating budget and any County-proposed amendments and .
• modifications to this Agreement.
•
3.12 Route Evaluation. MDT shall analyze the route to determine if it meets MDT
Service Standards: MDT shall make the appropriate modifications.to ensure the .
South Beach Local i s meeting the Service Standards in Section • 3.7 of this
Agreement. MDT shall coordinate these modifications with the City
Representative.
•
3.13 Transit Operation Supervisor (TOS) and Customer Service Staff. The County will •
provide appropriate TOS and Customer Service staff :to take care of all
complaints and .concerns sent directly to the County or the City. The County
• representative will be available to the City during regular business hours.
•
•
ARTICLE 4
INSURANCE
The parties hereto acknowledge that both the County and the City are self-
insured governmental entities subject-to the limitations.of Section 768.28, Florida
Statutes. The County and the City shall 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, Florida Statutes The County
and the City shall collect and keep on file documentation of insurance of any and
all contractors contracted to provide and service or product used in conjunction
with the operation of the South Beach Local service in any .way. The County
shall further require all contractors to include the City as a named insured and
shall provide the City with a copy of the insurance policy -purchased by any
contractor prior to the commencement of the South Beach Local service.
•
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7.
•
ARTICLE 5
•
. INDEMNIFICATION
5.1 In the event the County contracts for transportation services authorized by this
Agreement, the contractor shall, in its contract with the County, be required to
• indemnify•and hold harmless the County and the City, and .their officers, agents,
employees and instrumentalities from any and all liability,- claims, liabilities,
• losses, and causes of.action, including attorneys' fees and .costs of defense
which the C ounty and the City, and/or their respective .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 the City, where applicable, . including appellate
proceedings, and shall pay all:costs, judgments and attorneys' fees which may
issue thereon. The County shall require that the contract between and the
County.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 and/or their respective 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, and/or their respective officers, employees, agents or
instrumentalities or any other related third party.
5.2 In the event the City contracts for bus passenger sh elters and benches, in
conjunction with the provision of service. as detailed in this Agreement, •the
• contractor shall, in its contract with the City, be required to indemnify and hold
harmless the County and the City, and/or their respective officers, agents,
employees and instrumentalities from any and all liability, claims, liabilities,
losses, and causes of action, including attorneys' fees and costs of defense
which the County and the City, and/or •their respective 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 the 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 the City and the
contractor include a provision which states that the contractor expressly
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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 and/or their respective 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, and/or their respective officers,. employees, agents or -
instrumentalities or any other related third party.
•
ARTICLE 6
FINANCIAL ASSISTANCE
6.1 Funding. The City shall. pay to the County a portion of the South Beach Local
Service. The.payment shall be made on a quarterly basis, within thirty (30) days
of the City receiving an appropriate invoice from the County. The amount of the
payment shall be one fourth (1/4th) of the agreed annual City share, unless
• otherwise agreed upon by the parties. •
• The City's share for the operating cost for Fiscal Year 2011-12 will be $1,213,
121. Said amount will be prorated in the event services are provided for less than
a full year. In subsequent fiscal years, the annual increase or decrease will be
the lesser of the Miami-Ft. Lauderdale CPI Transportation Index or three percent
(3%).
-It is the sole responsibility of • the 'City.. �of Miami Beach to determine the
source of and dollar amount per source of funds to comprise the total contribution
to.the County for,the provision of the South Beach Local service as required in
this Agreement. .
•
. 6.2 Operating Expenditure Reports. The County shall prepare and provide to the City
Representative quarterly reports of operating expenditures incurred by the South
Beach Local service.
•
•
•
ARTICLE 7
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
•
7.1 Term of Agreement. This Agreement shall become effective upon approval of
• the Board of County Commissioners and the City Commission of the City of
Miami Beach and the execution by the County Mayor and the City Manager, or
_ their designees, and shall have an initial term of five (5) years. Upon expiration
of the initial term, the Agreement may be renewed, by mutual agreement of the
parties, for consecutive terms, of five (5) years each (the Renewal Terms). Upon
9
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•
. mutual agreement by both the County. and the City to exercise an option to renew
this Agreement, approval from -County Mayor, and the City Commission will be
• . required.
• 7.2 Commencement of Service. By specific agreement of the parties, the South
Beach .Local service shall continue s ervice operated by Miami-Dade County •
using County,buses:
•
7.3 Renegotiation or Modification. Any substantive changes:i.n the level of service to •
be provided by-the County as set forth herein shall only be implemented after the
County.and the City have entered into a written agreement describing the •
• changed services. As specified in federal regulations, substantive changes in the
• level.of.service.must also be presented to the public.
7.4 Title VI and VII Civil Rights Act of 1964. The City, the County, and their
respective Contractors shall not- discriminate against any person because of •
race, color, sex, religious background, _ancestry, •or national origin in the •
- - performance of the Agreement. .
•
7.5 'Termination-for•Cause. This Agreement may b.e terminated for cause by either
party. Prior to exercising the .option to -terminate for cause, the notifying party
shall give the defaulting party written -notice of its violation. of the particular
term(s) of the Agreement and shall grant the-defaulting party thirty (30) days to
- cure such default. If .such default remains uncured after •thirty (30) days, the
• notifying party may terminate the Agreement upon no ,less .than one hundred
twenty (1.20) days written notice to the defaulting party. If the termination
notification is from the City; the notice shall be submitted to MDT•four (4) months
in advance of the next service change line-up.
7.5.1 If the County fails to deliver the 'services and meet the objectives
delineated in this Agreement, and'the City terminates the Agreement for
Cause, the County will allow-.the City to operate the South Beach Local
service as defined herein.
• 7.6 Termination for Convenience. Notwithstanding Subsection 7.5 above, the County
or the.City may terminate this Agreement for convenience upon no less•than one
hundred twenty (1.20) days written notice to the other party. If the City terminates
-this Agreement for convenience, the City agrees to reimburse the County on a
prorated basis for financial assistance it is obliged to pay for the South Beach
Local service which the County will continue to operate until the next line-up can •
• be implemented without the service. .
. 7.6.1 If the City terminates. this Agreement for convenience, the County will
• allow -the City to operate the South Beach Local service, as defined
herein.
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• . 7:7 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 as follows: •
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit. • -
701 N.W..1st Court,:Suite 1700 .
- Miami; FL 33136 . •
Attention: Director, Miami-Dade Transit
FOR THE CITY OF MIAMI BEACH:
•• • City of Miami Beach
.. 1700 Convention Center Drive
• Miami Beach, Florida 33139 .
Attention: Jorge Gonzalez, City Manager • .
With copy to:
•
• Fred Beckmann, Director of Public Works
1700 Convention•Center Drive"
Miami Beach, Florida 33139 .
7.8 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.
• 7.9 Execution. This document shall be executed in•four (4) counterparts, each of
which shall be deemed an original.
'7.10 Governing Law and Exclusive Venue. This Agreement shall be governed by,
and construed in• accordance with, the"laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue -for any litigation arising out 'of this Agreement shall be
. Miami-Dade" County,- Florida, if in state court, and the U.S. District Court; .
Southern District of Florida, if in- federal court. " BY .ENTERING INTO THIS .
AGREEMENT, THE COUNTY AND THE CITY EXPRESSLY WAIVE ANY •
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY •OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING-OUT OF,-THIS AGREEMENT.
11..
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 of
The State of Florida
B0 — . By: .//1l/ _ . . �� �. " . •
• ROBERT PARCHER, CI y i M' TI HERRERA BOWER •
•;. 6 MAYOR .
. .INCORP ORATED-` L
ATTEST: �,
• C. MIAMI-DADE COUNTY .
'• '• C� ,. a political subdivision of
'� 26' , '`4
The State of Florida.
' �`
By: By:
HARVEY RUVIN, CLERK By Board of County.
- Commissioners
By: By:
DEPUTY.CLERK Carlos A. Gimenez •
. COUNTY MAYOR
Approved by County Attorney as .
to form and legal sufficiency -
APPROVED AS TO
FORM & LANGUAGE
&FnrA EXECUTION .
// . ttorney at
12
20/1 -
EXHIBITS
Exhibit "A" Special Logos, Colors, and Bus Wrapping Designs
Exhibit "B" Map of the South Beach Local.Route
Exhibit "C" Schedule of the South Beach Local Route Service
Exhibit "D" Service Quality Standards .
Exhibit "E13 Bus Driver Training Bulletin
Exhibit "F" Ambassador Training Program
•
•
•
13
EXHIBIT "A"
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15 .
•
•
EXHIBIT "C"
• • SCHEDULE
•
•
Bi-Directional Circulator Service to South Beach •
•. Schedule Headways
. • Mondays=Fridays - 07:40 a.m. to 10:00 a.m. , 20 minutes
10:00 a.m. to 06:00 p.m. - - . 13 minutes
06:00 p.m. to midnight 20 minutes •
Saturdays 07:40 :a.m:to 10:00 a.m. 20 minutes
10:00 a.m. to 06:00 p.m. • • 13 minutes.
• 06:00 p.m. to midnight 20 minutes .
• Weekend s/Holidays • 10:00 a.m. to 6:00 p.m. • 13 minutes
06:00 p.m. to midnight . .20 minutes •
•
•
•
•
•
•
•
•
•
•
•
16
Exhibit "D"
•
•
SERVICE QUALITY STANDARDS FOR THE SOUTH BEACH LOCAL
1 . Provide and maintain a full time Customer Service Representative who will
ensure quality of service for The South'Beach Local and will be the MDT contact
person for the City Representative and the City of Miami Beach Transportation
and Parking Committee (TPC). .
•
2. Schedule and maintain, under normal' operating conditions, headways of 13
• . minutes during peak hours, and 20 minutes during off peak hours, br better.
•
3. Maintain 100% bus availability during all service hours, with a replacement of
breakdown buses within no more than 45 minutes.
4. Conduct quarterly evaluation of service hours in order to meet ridership demands
•. and efficiency of service.
5. Monitor operations and quality of services on a daily basis.
•
6. Submit Quarterly and Annual Reports to-the City, as required by Section 3.10 of
the South Beach Local Interlocal Agreement, that include the following:
a. On-time performance data
• b. Headway adherence data •
c. Ridership data by fiscal year, month, week, and day
d. Golden Passport; STS, and Patriot Passport ridership data
e. Ridership data during special events
f. Service complaints .received and an explanation on how they were
. resolved
g. Safety/accident reports •
h. Road call reports
is Work orders submitted and completed.
•
•
The Service Quality Standards above mentioned, shall be made part of a Quarterly
Performance Report to be submitted by Miami-Dade Transit (MDT) 'to the City •
Representative and the Transportation and Parking Committee for review and input.
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Exhibit "E"
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CUSTOMER SERVICE E-EXCELLENCE STANDARDS FOR THE SOUTH BEACH
LOCAL
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1. Drivers will pick-this route in accordance with the CBA contract. .
- 2. Driver.Training: When new drivers are hired, the County will conduct•Customer
Service Excellence Training for bus drivers and make courteous service part of • -
driver performance evaluation. Refresher training shall be conducted. in
accordance with the CBA:
Drivers will be requested to: •
a. Greet our transit passengers with a smile at all times.
b. Help passengers with physioal_difficulties and/or disabilities to get in and
out of'.the bus.
c. Wait for all passengers to be properly seated prior to moving the bus.
d. Do not skip any bus stop. If there is a full bus load, stop at-the bus stop
and inform the waiting passengers that they will have to wait for the next
bus to arrive due to a full bus load.
e. Make a point of waiting a few seconds at the bus stop if you see a nearby
• passenger rushing and waiving to catch the bus.
• f. . Respond to passengers in a courteous manner. The customer is not
always right, but always deserves to be treated with dignity and respect. •
g. Provide.basic information about the route service and/or connections to
• other MDT bus lines, upon request. •
h. Provide basic information regarding specific South Beach locations/or
• attractions, upon request (Ambassadors Training).
i. Provide accurate and understandable answers to passenger questions
.and/or requests.
j: If the driver cannot provide an answer to a transit and/or service-related
• question, direst customer to the MDT-designated Customer Service
Representative (phone number)' who may have knowledge of-the subject
matter and respond to the question.
k. Drivers will dress in attire that is professional, tasteful, appropriate and
• consistent with the CBA. .
•
Driver training shall also include the Ambassador Training provided•herein as Exhibit
F.
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3. Customer Service Representative: The training listed under Item 2, above, will
also apply to :the -full-time Customer Service Representative, specifically
designated by MDT for The South Beach Local service.
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4. Customer Service Standards:
Telephone:
•
Telephone will be covered during normal business hours, answering within •
. • the third ring.
• Employee will .listen and take responsibility for providing an answer and/or
• solution to the customer question and/or complaint including lost and found •
. .inquiries. •
. Request permission from the caller before:transferring a call. In case the third
• person is unavailable, provide the caller with the name and number-of the
• person, or ask if the caller wants to leave a:message, •
Phone messages received will be responded to (if requested) in a timely
manner, even if just to •acknowledge receipt. 'An estimate of time to resolve •
• the problem will be given if applicable.
Voice mail messages will include employee's full name, working hours, and
an optional phone number for•customers to call. •
When the employee is away from the office for an extended period of time, •
the voice. mail message will communicate such absence and offer an option
for the caller.
• Thank the customer for calling and ask if further assistance is needed prior to • . •
• concluding the call. •
•
• Written correspondence:
Written correspondence starts with a greeting, •
▪ E-mail signatures will include the name, title, department, and contact
number. .
• Activate the e-mail Out-of-Office Assistance when away from the office-for an
extended period of time. •
• ® Respond to letters within 10 business days.
▪ Correct spelling .and grammar will be used, including accurate name and .
address.
• Provide complete, accurate, and precise information regarding the inquiries.
Fax cover sheets will be legible and include name, telephone number, and
•
the name and fax number of the receiver.
Personal Contact:
Respond to customers in a•courteous manner... •the customer is not always
• right, but always deserves to be treated with respect.
Provide accurate and understandable solutions/options to customer requests •
or direct the customer to the appropriate person who may have knowledge in
the subject.matter. •
Average or maximum wait time.without an appointment should be no longer
than 30 minutes or scheduled for a mutually convenient time.
Monitoring our Standards: .
Our customer service team will oversee all customer service standards.
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19 •
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• If drivers and/or Customer Service Representative fail to meet customer
service standards, MDT, MBTMA, and City will implement an action plan to
improve service. .
• We will listen and do all we can to resolve issues.
• For questions and/or concerns, contact the Answer Center at 305-604-CITY.
5. In addition, County will develop the City Representative and the'Transportation
and Parking Committee performance measurements based on the above- ••
mentioned Customer Service Excellence Standards.
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20
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• Exhibit "F" .
AMBASSADOR TRAINING PROGRAM
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The following is made part of the Customer Service Excellence training program for.the •
bus operators and other service providers for The South Beach Local in. accordance .
with the CBA:
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. 1. •It •is essential• that all trainees understand that we do not consider them bus.
• operators — but, Ambassadors of Miami Beach to residents and visitors alike.
Role playing skits are utilized to educate and illustrate the exceptional customer
service that is expected.
2. Conduct site inspections of nine major attractions in South Beach: .
• Botanical Garden
Holocaust Museum
C
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hamber Visitor Centers
• Art Center/South Florida
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• Bass Museum •
■ Wolfsonian/FIIJ . •
• Art Deco Museum & Welcome Center •
• Jewish Museum
. At each location they are met by a representative who gives the Ambassadors a
•tour, explains the background of their venue and.:answers questions. The
. museums invite the trainees and a guest to come back another time for a longer
visit, if so desired by.the trainees.
•
3. The site inspection is done as they drive the Bi-Directional Circulator route so the
• Ambassadors know exactly where each venue is located in relation to the route.
-There are also 15 points of interest along •the route that the Ambassadors are
required to remember:
• • Convention Center
OPA
- • City Hall/Historic City Hall
• • Police Department
Lincoln Road •
South Pointe Park
• The Regal Cinema •
• • Post Office •
• Public Library
. Colony Theater
• Miami Beach Marina
Boardwalk Access
▪ New World Symphony
• South Shore Hospital
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4. They are given a brief history on the founding and development of Miami Beach.
• Other "Helpful Hints" are also offered like: Halls C & D of the Convention Center
are on Convention Center Drive, and Halls A & B on Washington Avenue.
5. This is necessary even if buses have automatic announcing systems. The Route
Manager reviews this with the Ambassadors to ensure they are in compliance.
Twice a week the Transit Operation Supervisor (TOS) will ride the South Beach
Transit Circulator buses to observe the Ambassadors adherence to these rules,
retention of•historical and geographical information, as.well as friendly, polite and
educated service:
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22
Background Documentation
pg. 20