Interlocal Agreement with MDC for Public Transportation Services i'{t3 LCI(o-- ZgS !ct
MIAMI-
PADE
COMM i
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 No. R-48-12; 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 retroactive to February 21, 2017 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
representatives 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 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
pg. 4
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. 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
pg. 5
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.
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.
pg. 6
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.
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 $
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. 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.
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,
pg. 10
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.
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
pg. 11
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.
7.4 City's Share of Supplemental State Funding. In the event that the Circulator operations
contribute to an increase in the County's State transportation funding, beginning with the
first year in which service is reflected in State's reporting system, the County agrees to
pay the City its attributable share (one half of the supplemental funding), as defined in
paragraph 7.3 above, of new or supplemental state Transportation Block Grant funding
received by the County from FDOT no less than sixty (60) days after funding is received
from the State less any direct grants received by the City from the County for the
Circulator. The State funding formula can be found at Section 341.052(6), F.S.
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Terms of Agreement. This Agreement shall remain in force for five years, with one (1)
five-year option to 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
retroactive to February 21, 2017 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.
pg. 12
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 e-mailed (with certified mail copy), return receipt requested, to
the parties at the address indicated below:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transportation and Public Works (DTPW)
701 NW 1st Court, 17th 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
pg. 13
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. 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 Corporate of
/ the State of Florida //
i
Z _ By: / '
By: �' �, � Philip Levine "' ,
r .Mayor / i
`City of MiamLB=.c
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ATTEST: ' � Vlw'IF ',j MIAMI-DA6E fOUNTY
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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 ^I�
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City Attorney
Date
pg. 15
Figure 1 (Map)
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pg. 16
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. 17
Exhibit A (South Beach Local Interlocal Agreement)
Doc# 2011-27773
pg. 18