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HomeMy WebLinkAbout2003-25166 Reso RESOLUTION NO. 2003-25166 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH FOR NON-AMBULATORY TRANSPORTATION SERVICES. SAID AMENDMENT EXTENDING THE AGREEMENT FOR AN ADDITIONAL FIVE (5) YEAR TERM, COMMENCING ON JUNE 16, 2003, AND ENDING ON JUNE 15, 2008. WHEREAS, the Miami Beach Police Department has a need to transport persons who are non-ambulatory; and WHEREAS, the Miami Beach Police Department has determined that the most cost effective way to provide transportation for persons who are non-ambulatory is by utilizing the services of the Special Transportation Services (STS) contract of the Miami- Dade County Transit Authority; and WHEREAS, the current STS contract, which is accessed by the City through an Interlocal Agreement with the County, was entered into in June 16, 1998 for a five year term, and is renewable for an additional five year term. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor, and City Clerk are authorized to execute a First Amendment to the Interlocal Agreement between Miami-Dade County and the City of Miami Beach for non-ambulatory transportation services; said Amendment extending the Agreement for an additional five (5) year term, commencing on June 16, 2003, and ending on June 15, 2008. PASSED and ADOPTED this 9th day of April, 2003. ATTEST: CITY CLERK MAYOR F:~POLI~TECHSER~APOLICIES~COM_RESO~STS Extension RESO.doc FORM &I.ANC~IAGE &FOR~ CITY OF MIAMI BE'ACH COMMISSION ITEM SUMMARY Condensed Title: IA resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute an extension of an interlocal agreement between Miami-Dade County and the City of Miami Beach for non-ambulatory transportation services. Issue: IShall the City of Miami Beach execute an extension of an interlocal agreement between Miami-Dade County and the City of Miami Beach for non-ambulatory transportation services? Item Summary/Recommendation: The Administration recommends the adoption of this resolution. In the normal course of duty, Miami Beach Police Officers encounter persons who are non-ambulatory (such as arrestees, suspects, witnesses or victims), and who require special transportation services. The City previously conducted a feasibility study that suggested it would be more cost beneficial for this service to be provided on a contractual basis as the Police Department does not have any vehicles which are properly equipped to transport persons in compliance with the Americans With Disabilities Act (ADA). The Miami-Dade Transit Authority (MDTA) contracts for Special Transportation Services (STS). The STS contract provides for specially equipped vehicles and trained drivers who transport non-ambulatory persons in full compliance with the ADA. The Police Department contracted with MDTA for STS services in 1998 for a five year period. The contract allows for an extension renewal period for an additional five years. The service was successfully utilized approximately 11 times in calendar year 2002, with no complaints noted. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total Sign-Offs: De~/~ Director Assistant City Manager City Manager / F:\POLi\TECHSERV~POLICIES\COM_MEMO\STS Extension SUM.doc AGENDA ITEM {~ 7~' DATE ~-- ~"=~3 COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: April 9, 2003 From: Subject: Jorge M. Gonzalez I~ City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENSION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH FOR NON-AMBULATORY TRANSPORTATION SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND In the normal course of duty, Miami Beach Police Officers encounter persons who are non- ambulatory (such as arrestees, suspects, witnesses or victims), and who require special transportation services. The City previously conducted a feasibility study that suggested it would be more cost beneficial for this service to be provided on a contractual basis as the Police Department does not have any vehicles which are properly equipped to transport persons in compliance with the Americans With Disabilities Act (ADA). The Miami-Dade Transit Authority (MDTA) contracts for Special Transportation Services (STS). The STS contract provides for specially equipped vehicles and trained drivers who transport non-ambulatory persons in full compliance with the ADA. The Police Department contracted with MDTA for STS services in 1998 for a five year period. The contract allows for an extension renewal period for an additional five years. The service was successfully utilized approximately 11 times in calendar year 2002, with no complaints noted. CONCLUSION This Interlocal Agreement Extension will continue the City and Police Department's compliance with the ADA for the transportation of non-ambulatory persons. F:\POLI\TEC HSERV\POLICIES\COM_MEMO\STS Extension.doc FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF MIAMI BEACH THIS FIRST AMENDMENT, made and entered into this ! ~/ ' clay of [~ (/¥-/ ,2003 by and between MIAMI-DADE COUNTY, FLORIDA, a political s~bdivision of the State of Florida, (hereinafter referred to as "COUNTY"), and the City of Miami Beach (hereinafter referred to as the "CITY"). WITNESSETH: WHEREAS, by Resolution No. R-706-98 passed and adopted on June 16, 1998, the Board of County Commissioners authorized the execution of the Interlocal Agreement (the "AGREEMENT") between the COUNTY and the CITY to allow the Miami Beach Police Department to use existing county contracts for the provision of paratransit transportation services, in compliance with the Americans with Disabilities Act (ADA). WHEREAS, the COUNTY and the CITY agree to extend the AGREEMENT beyond its expiration date, June 15, 2003, and NOW, THEREFORE, in consideration of the premises and mutual covenants expressed herein the parties hereto agree as follows: The CONTRACT shall continue to be in full force and effect for an additional period of five years beyond June 15, 2003, which shall represent the County's only option to extend the AGREEMENT. All other terms and conditions shall remain the same. First Amendment to Interlocal Agreement With the City of Miami Beach Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to CONTRACT to be executed as of the date first above written. Name: Robert Parcher Title: City Clerk CITY OF MIAMI BEACH a Municipal Corporation of the State of Florida BY: .~ N Dermer Title: Mayor (Seal) ATTEST: HARVEY RUVIN, (_~Deputy Clerk Approved as to form and legal sufficiency __ MIAMI-DADE COUNTY, a political Subdivision of the State of Florida By Its Board of County Commissioners BY: APPROVED A~ TO FORM & LANGUAGE & FOR EXECUTION :1 T~is Ag'r eemen-. WZ~S~TH T~T: ~ereas, the au c om~b! ! e: ' non-~-abulatory p~,r~n~; · .,: Whereas. the County de,ires =o ~rovid® transportation ~ow, therefore, in consideration of the mutual promises covenants herein containgd, it is egree~ as ~ollows: A. Upon reques% by =h~ C~.ty, =he County will allow the City Co cc:ncact :he' appropriate t;rane~ort~ion provider under con:tact wit~ the Cour,:~ and arrang~ for :he ~==ns;orta. tion o~ ~on-ambula:ory persons. · The services reques:ed mu$~ be within the confines cf ~he contract and will be prc~vide~ in accordance wi:h :he :erms of =he contr8.c~. sh~11. &= ell t~mes, ~o acco~an~edb¥ a city of'~iim~ Beach ~01iC~t ~fficer. The County and Che City shall each desi~nace a ~epresen:&ctve to ca=~/ ouc ~ht rJs~onsibtlt=te~ for ~he ~oc~lcml direction ~d a~iniscra~icn of =his ~re~enC. ~1 correspondence ~ com~icacions ~twe~ tho Co~cy ~ ~ha City rill ~ issued b~ o~ directed ~o ~ese ~eprlse~cl~l. Representatives ~ c~ged upon ~icc~ notification Co ~e o~er ~.00~ This agreement shall become effective upon exe--uCion by bozh psr:ias and approval Co~[saioners ~d shall remain in e~fecc ive Meats. This agreement may be renew;ed for an additional five year ~a~iod upon agree.nenc c~ both par:ia~ ~d au:hcrlza~ion o~ El:he: p&r:¥ may termina:e ~hi~ Agre~r. en: ~: ~y time ~ny cause, upon ~hirty days written no:ice ~c ~he o~her. ~T~OD oF The County shall bill ~he City fox ~he.ac~ual'cos: ~o ~he County for ~he ~ranepcr~a~ton services a.~d any o:her ~irecc costs reason,%17 incurred by ~he Co~=y, including · u=ually agreed upon ~ ~he two par=les. The Ci=y shall pay =11 invoice~ in accor~ce wl=h the ~lorida All no=ices, re~ues~s,.deman~, consents, approvals and ocher co~unAca=ion which &re ~equired =c be served or given hereun~e~r, shall, be ~n ~i~ing ~d sh~ll ~ s~n& by registered =~il or cer~ifie~ U.~. ~i. 1, x'e~u~ xeceip~ re~es~ed ad~'essed =o ~he parC~ =o x"eceive such no=ices as follows: To Co~unty: Kiaml-Dade T.m~,..sic Agency P&racransit Operact, ons 27~$ SW?Ach Avenue M/ami, Florida 33155 A~C~Ci~: ~. C~is=ina Siz~ore To City: X100-Wash£ng~on Ave, Beach, Florida 33139 ¢ The C£~y shall indemni~y and hold harmless the Count7 and any and all liabilicy,2*lcssss or ~a~a~es, inC-~uding ac=io~s or proceedtngsof ~y kind of, relating co or resul=in~ ~rom the per~o~knce of Chis ~ay a!l clai~ ~d lcfses in cor~ec=ion =herewi=h an~ shg!l Xnvesci~ace an~ defend ~11 clsims, suits or ac=ions of ~y kind cr nagure in =~e n~e o~ che County where app!ic~le, imcludi~g appella=e proceedings, ~d shall pay thereon, Provided, however, ~his ~nd~ific~cion shall only be =o c~e ex=en~ bf =he l~i~a=2ons incl.Bded within ~he Florida S~a=u=es 768.2~, s~jec= =o =he provisions of =ha= S=a~u=e wheraby ~he par~ies shall no= be~heid li~le to pay a ~ez~o:tal in~u~ or p~cper=y ~ud~en= by any one person which exceeds $i00,000 or any cl~!m or ~ud~en=s or per=ions =hereof, which, when ~o~al~ wi=h all o~he= claims or ~ud~,en= paid by =he City arising cu~ cf the s~e inci~en= or occurr~ce, exceed ~he s=~, of $200,000 ~rcm ~y ~d all personal inju~, or pfoper~y d~ge clai~, =he negli~ence of oho Ci=y. ~lie~ representations, induc~enCs or ~dersC~dings of ~y kind or ~a~ure. No ver~l m~ifica=ions hereof shall be ef~ec=ive. officer~ ~n~ seals Co be affixe~ here=o, on =he day and APproved as =o fora ~u'~d legal sufficiency. ~ ATTEST: C~cy ATTEST CItY OF ~IA~ BEACH a Hunicipal Corporation of ~ZAEI-DADE CO~Y, a ~oiicica! Subdivision ~he ~cace of Florida Ap~OV~D AS TO FOF,/A & LANOUAGE FOR E~CU~ON 66/90,/TO Approved Veto Override Mayor ~IqL'ICIRL FILl:' COPtt CLERK OF THE ~JOARD OF COUNTY COMMISSIONER) DADE COUNTY, FLORID& Agcr~la Rem No. 7 ( ~ ) ( 1 ) ( A ) 5-6-03 RESOLUTION NO. R-461-03 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. ONE TO INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI-BEACH; AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE CANCELLATION PROVISIONS CONTAINED THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves Amendment No. One to the Interlocal Agreement between Miami-Dade Coumy and the City of Miami-Beach in substantially the form attached hereto and made a part hereof; and authorizes the County Manager to execute same for and on behalf of Miami- Dade-County, Florida; and to exercise the cancellation provisions contained therein. Agenda Item No. Page No. 2 7(J)(1)(A).C The foregoing resolution was offered by Commissioner Borg, In .D. Ilo:lie moved its adoption. The motion was seconded by Commissioner. Katy 8ore~maa and upon being put to a vote, the vote was as follows: who Bruno A. Barreiro a~ Dr. Barbara Carey-Shuler aye Jose "Pepe' Diaz al~e~t Betty T. Ferguson Joe A. Maninez Sally A. Heyman ay~ Jimmy L. Morales a~ Dennis C. Moss atn~nt Dorrin D. Rolle a~ Natacha Seijas Katy Sorenson a~ Rebeca Sosa Sen. Javier D. Souto The Chairperson thereupon declared the resolution duly passed and adopted this 6th day of May, 2003. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney to form and legal sufficiency. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK $IJltlY ' l Deputy Clerk Gerald K. Sanchez MEMORANDUM ro: ~, Honorable Chairperson and Members  ssioners FROM: - ~"0zve Shiver County Manager Agenda Item No. 7(J)(1)(A) May 6, 2003 Amendment No. 1 to the Interloeal Agreement with the City of Miami Beach RECOMMENDATION It is recommended that the Board approve Amendment No. I to the Imerloeal Agreemem between the County and the City of Miami Beach (hereinal~er referred to as the "City"). This Interlocal Agreement allows the Coumy to provide non-ambulatory transportation services to the City through existing county contracts, and for the City to reimburse the County for all expenses incurred. The proposed amendment extends the term of the lnterlocal Agreement between the County and the City for an additional five years, through June 15, 2008. BACKGROUND On June 16, 1998, by Resolution No. R-706-98, the Board approved the execution of the Interlocal Agreement between the County and the City. The Agreemem allows the Miami Beach Police Department to transport non-ambulatory individuals such as suspects, victims and witnesses in compliance with the Americans with Disabilities Act (ADA). Because non-ambulatory transportation services are required so infrequently, an average of twelve incidents per year, it is not cost effective for the City to contract for these services. Consequently, the City entered into this Interlocal Agreement with the County that allows them to use existing county contracts for the provision of these services. This Amendment provides for an extension of an additional five year period upon agreemem of both parties and authorization by the Board of County Commissioners. By letter dated January 31, 2003, hereto attached, the Miami-Beach Chief of Police requested that the renewal provisions of the Agreement be exercised. This amendment will ensure the continuity of the provision of non-ambulatory transportation services to the City through the existing County contract for paratransit services. The Agreement contains an indemnification clause by which the City agrees to hold the County harmless for all liabilities, losses or damages that may arise om of this Agreement. The original five year Agreement ends on June 15, 2003. ~-~ISCAL IMPACT There is no fiscal impact to the County. including administrative expenses. The City will reimburse the County for all expenses incurred, TO: FROM: MEMORANDUM (Revised) Honorable Chairperson and Members Board of County Commissioners Robert A. Ginsburg County Attorney DATE: May 6, 2003 SUBJECT: Agenda Item No. 7 (J) ( ! ) (A) Please note any items checked. "4-Day Rule" ("3-Day Rule" for committees) applicable if raised 6 ss'eeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Bid waiver requiring Count), Manager's written recommendation Ordinance creating a ness' board requires detailed Count)' Manager's report for public hearing Housekeeping item (no policy decision required) FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF MIAMI BEACH THIS FIRST AMENDMENT, made and entered into this day of ,2003 by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter referred to as "COUNTY"), and the City of Miami Beach (hereinafter referred to as the "CITY"). WlTNESSETH: WHEREAS, by Resolution No. R-706-98 passed and adopted on June 16, 1998, the Board of County Commissioners authorized the execution of the Interlocal Agreement (the "AGREEMENT") between the COUNTY and the CITY to allow the Miami Beach Police Department to use existing county contracts for the provision of paratransit transportation services, in compliance with the Americans with Disabilities Act (ADA). WHEREAS, the COUNTY and the CITY agree to extend the AGREEMENT beyond its expiration date, June 15, 2003, and NOW, THEREFORE, in consideration of the premises and mutual covenants expressed herein the parties hereto agree as follows: The CONTRACT shall cominue to be in full force and effect for an additional period of five years beyond June 15, 2003, which shall represent the County's only option to ex'tend the AGREEMENT. All other terms and conditions shall remain the same. First Amendment to Interlocal Agreement With the City of Miami Beach Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to CONTRACT to be executed as of the date first above written. CITY OF MIAMI BEACH a Municipal Corporation of the State of Florida ATTEST: BY: BY: Name: Title: City Clerk Marne: Title: Mayor (Seal) ATTEST: M1AM1-DADE COUNTY, a political Subdivision of the State of Florida HARVEY RUVIN, CI.~RK By Its Board of County Commissioners BY: BY: Deputy Cledt County Manager Approved as to form and legal sufficiency __