97-22597 RESO
RESOLUTION NO.
97-22597
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH. FLORIDA. APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
WITH DADE COUNTY. WHEREBY THE COUNTY PERMITS THE CITY TO
OPERATE THE ELECTROWAVE PARK-AND-RIDE/CIRCULATOR SHUTTLE
SERVICE WITHIN THE CITY LIMITS OF MIAMI BEACH.
WHEREAS, the City of Miami Beach wishes to operate a local circulator service,
known as the Electrowave Park-and-Ride/Circulator Shuttle Service; and
WHEREAS, Section 31-113.(m) of the Dade County Code requires that
municipalities enter into an Interlocal Agreement with the County and receive a
Certificate of Transportation prior to operating any local circulator service; and
WHEREAS, the County has submitted the attached Interlocal Agreement for
execution by the City, prior to its submission to the County Commission.
NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH. FLORIDA, that the Mayor and City Commission
approve and authorize the Mayor and City Clerk to execute the attached Interlocal
Agreement with Dade County, whereby the County permits the City to operate the
Electrowave Park-and-Ride/Circulator Shuttle Service within the City limits of Miami
Beach.
PASSED AND APPROVED this the 3rd day of
December
. 1997.
MAYOf!1
ATTEST:
Q 0 Lw.<f P ().A c1v-
c!r; CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECunON
aJ
;/I;&fkiL:
City Attorney
J/1(~
CoT/A-
/ S -'iy
lnterlocal Agreement Between
Miami-Dade County and City of Miami Beach
for
the Provision of Public Transportation Services
This is an Interlocal Agreement, made and entered into by and between: Miami-Dade
County, a political subdivision of the state of Florida, hereinafter referred to as "the County," and
the City of Miami Beach, a municipal corporation of the state of Florida, hereinafter referred to
as "the City".
WITNESSETH:
WHEREAS, traffic congestion has been and continues to be a significant concern to the
residents of and visitors to the City of Miami Beach, Florida; and
WHEREAS, the City has underutilized parking facilities remote from its visitor attraction
areas, which, if more fully utilized in conjunction with a local Park & Ride Shuttle service,
would significantly mitigate traffic congestion in the visitor attraction areas; and
WHEREAS, notwithstanding the fact that the County-operated public transit bus service
(Metro bus ) has substantial service density and frequency in the City's visitor attraction areas,
visitors to the City and City residents in the area continue to rely on their private automobiles to
provide mobility in the more heavily congested areas; and
WHEREAS, the County's Metrobus service is operated pursuant to a traditional weekday
commuter rush period, with reasonable ridership, while the peak congestion periods in the City's
visitor attraction areas tend to be on weekends and during late evening/early morning times; and
WHEREAS, it is desirable to provide an alternative form of supplemental public transit
service to the residents of and visitors to the Miami Beach area; and
WHEREAS, the City has sponsored and is willing provide an alternative form of
supplemental public transit in the City's visitor attraction area and has secured and obligated
funding to so provide;
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, the County and the City agree as follows:
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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 as
described in this Agreement under contract to the City.
1.3 "Beach Shuttle" 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 Transit Agency, the
Miami-Dade Consumer Services Department, and authorized representatives thereof.
1.5 "The City" shall mean the City of Miami Beach and authorized representatives thereof.
1.6 "FDOT" shall mean the Florida Department of Transportation and authorized
representatives thereof.
1.7 "MDTA" shall mean the Miami-Dade Transit Agency 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 "FT A" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1.10 "CSD" shall mean the Consumer Services Department of Miami-Dade County and
authorized representatives thereof.
1.11 "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD.
1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR
Section 5335(a), as may be amended from time to time, and found in the National Transit
Database Reporting Manual published by the FT A.
1.13 "Fares" shall mean individual transportation fees paid by public transit passengers III
accordance with a schedule of fares adopted by County Ordinance.
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ARTICLE 2
GENERAL REQUIREMENTS
2 .1 Compliance with Applicable Laws and Regulations. The City and its contractors 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 Beach Shuttle services. The City shall be responsible
for ensuring compliance of its employees, contractors, agents or assigns with all
applicable county, state and federal requirements, including, but not limited to, all safety,
mechanical, and vehicular standards mandated by MDT A and CSD. The City shall be
responsible for obtaining copies of the appropriate laws, regulations, ordinances and
documents and complying therewith.
2.2 The County Regulatory Requirements. Prior to the commencement of the Beach Shuttle
under this Agreement, the City and/or its contractors 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 Beach Shuttle 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
MDTA and CSD.
2.4 Vehicle standards. Vehicles shall comply with all of the requirements contained in
Chapters 30 and 31 of the Code of Miami-Dade County, pertinent state statutes and as
may be prescribed and required by CSD or MDT A. All vehicles utilized to provide
transportation services authorized by this Agreement shall at all times display a current
and valid county permit and shall comply with safety, mechanical and vehicular
requirements mandated by applicable county, state or federal requirements, including
ADA.
2.5 Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and valid
county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety,
mechanical and vehicle standards mandated by applicable county, state and federal
requirements and as may be prescribed and required by CSD or MDT A.
2 .6 Proof of Compliance Prior to Operation. The City and/or its contractors shall provide the
County with proof of compliance with licensure, insurance, and any other requirements
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3
mandated by the Code of Miami-Dade County, state statute or federal law prior to
commencement of the Beach Shuttle.
2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a
contract for the purchase of transportation services provided by the City for the benefit of
the County. City employees, agents, and contractors providing Beach Shuttle services
shall be considered to be, at all times, solely employees, agents and contractors of the
City under its sole direction and not employees, agents or contractors of the County.
2.8 Compliance with ADA. The City's Beach Shuttle shall comply with all applicable
requirements of the ADA. To the extent that any terms in this Agreement are in conflict
with the 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 issue regarding the provision of Beach Shuttle service, and 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 a drug-free workplace program. Further, the City
shall require pre-employment drug testing and other periodic drug testing for all persons
holding safety-sensitive positions, as defined by USDOT, related to transit operations.
Effective upon execution of the Agreement, the City shall require that its employees and
contractor, if applicable, comply with all applicable requirements of the USDOT
regulations for drug and alcohol testing. To the extent that any terms in this Agreement
are inconsistent with the USDOT regulation, the requirements of the USDOT shall
control.
2.12 City Representative. The City shall designate individual(s) to act as liaison to the County
and notify the County thereof. The City shall promptly notify the County of any changes.
2.13 County Representative. The County shall designate individual(s) to act as liaison to the
City and notify the City thereof. The County shall promptly notify the City of any
changes.
2.14 Amendments or modifications. All amendments and modifications to this Agreement
must be in writing and shall require the signatures of the County Manager and the Mayor
of the City, or their designees, subject to authorization by their respective Boards.
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ARTICLE 3
BEACH SHUTTLE SERVICES
3.1 Provision of Beach Shuttle Services. The City shall provide Beach Shuttle public
transportation services within the City of Miami Beach at the locations and according to
routes as contained in Exhibit "A" and schedules contained in Exhibit "B", copies of
which are attached hereto and made a part thereof. Any changes to Exhibits "A" or "B"
shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective
only upon the written consent of the County Manager and the City Manager, or their
designees.
3.2 Fares. It is understood that the City's Beach Shuttle will be initially operated without
charging a passenger fare for boarding or alighting from the Beach Shuttle vehicles.
However, if, during the term of this Agreement, the City decides to charge passenger
fares for the use of the Beach Shuttle, passengers on the Beach Shuttle service shall pay
fares in accordance with public transit fares established by the County, as may be
modified from time to time pursuant to Section 2-150 of the Code of Miami-Dade
County.
3.3 Connection and Coordination with County Bus Routes. The Beach Shuttle shall connect,
at a minimum, with regular County bus routes at designated transfer points along
Washington A venue, 17th Street and 5th Street. The County shall designate the transfer
points. Beach Shuttle operating schedules shall be coordinated with existing County
Metrobus service to the extent possible.
3.4 Operation of Routes in Their Entirety. The City shall be responsible for ensuring that
Beach Shuttle routes are operated in their entirety with no deviation from the approved
routes.
3.5 Beach Shuttle Shown on County Bus Schedules. The County shall include the Beach
Shuttle on the County's Transit Map. Such inclusion shall commence with the regular
publication of the County's Transit Map next occurring after commencement of the Beach
Shuttle operations. The County shall also provide information on the City's Beach Shuttle
through MDT A's routine and customary public information dissemination processes,
including its transit information telephone service.
3.6 Issuance of Beach Shuttle Schedules. The County shall make available to its Metrobus,
Metrorail and Metromover passengers Beach Shuttle maps and schedules provided by the
City to MDT A.
3.7 Planning and Scheduling of Beach Shuttle Routes. The County, through the MDTA
Director or his designee, may assist the City staff with technical support for planning and
scheduling of Beach Shuttle services.
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3.8 Acceptance of Transfers. In the event that, during the term of this Agreement, the City
charges passenger fares for the use of the Beach Shuttle, the City shall accept transfers
from riders using the County's Metrobus service. The City shall provide passengers using
Beach Shuttle routes with transfers supplied by the County at no cost to the City, which
shall entitle passengers to transfer to the County's Metrobus service at designated transfer
points. The County shall accept transfers from riders using the City's Beach Shuttle.
Transfer charges shall be in accordance with current public transit fares established by the
County pursuant to Section 2-150 of the Code of Miami-Dade County. The City and the
County shall retain all transfer fees respectively collected.
3.9 Acceptance of Tokens and Passes. In the event that, during the term of this Agreement,
the City charges passenger fares for the use of the Beach Shuttle, the City shall accept the
County's authorized transit tokens and passes. To redeem tokens, the County shall pay
the City the token purchase price per redeemed token, in accordance with the current
public transit fares established by the County pursuant to Section 2-150 of the Code of
Miami-Dade County. Such redemption shall occur not more frequently than quarterly.
3.10 Use of Logo. The City shall create a logo uniquely identifying its Beach Shuttle. Such
logo shall at all times be displayed on the exterior of all vehicles operating pursuant to
this Agreement. The County shall allow the display of the Beach Shuttle logo on the
County's bus stop signs at all stops common to the City and the County bus routes. The
City shall be responsible for placing the logo on the pertinent signs and maintenance
thereof.
3.11 Bus Stop Signs and Signposts. The City may provide, install, and maintain bus stop signs
and signposts at Beach Shuttle stops along the City's Beach Shuttle routes. In the event
that the City, its contractor, licensee, permittee or assignee installs Beach Shuttle sign
facilities that can accommodate Metrobus bus stop information, the County may elect to
utilize the City's sign facility to display Metrobus bus stop information. If such election is
made, MDT A 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 County will remove its
own signs. The City shall be responsible for installing the Metrobus bus stop information
inion the bus stop sign facility.
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 Beach Shuttle in-service vehicles.
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ARTICLE 4
RECORDS AND REPORTS
4.1 Reporting Requirements. The City shall collect or assure the collection of all information
required for Federal and State reporting purposes, and shall provide collected and
compiled information to the County no less often than quarterly. The City shall annually
prepare and submit audited National Transit Data Base reports as required by the USDOT
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 Beach
Shuttle operations as requested by the County within thirty (30) days, unless a different
time period is agreed upon by the City and the County.
ARTICLE 5
INSURANCE
The parties hereto acknowledge that the City is a 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 provisions of Section 768.28, F.S.. The City shall
collect and keep on file documentation of insurance of any and all private providers
operating the Miami Beach routes. In the event that the City contracts with a private
vendor for services, the City shall require contractor to meet the insurance requirements
found in Exhibit "C", as a 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 Beach Shuttle
operations.
ARTICLE 6
INDEMNIFICATION
6.1 The City shall, to the extent permitted by law at all times hereafter, 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 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 kind or nature arising out of, or relating to or resulting from the
negligence of the City and/or its officers, employees, agents or instrumentalities, during
the term of this Agreement. The City shall pay all claims and losses in connections
therewith, and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and
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shall pay all costs, judgments and 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.
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, liabilities, 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 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.
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 attorneys' fees
and costs of defense which the County or its 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 connections therewith, and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs, judgments and 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 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 or its officers, employees, agents or instrumentalities as herein
(',LOTSUlTEAMIPf/O\DOCS2'MBSHn'L2.SAM
8
provided. Nothing herein shall be deemed to indemnify the County from any liability or
claim arising out of the negligent performance of the County, its officers, employees,
agents or instrumentalities or any other related third party.
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 Grant-Matching Funds. The City shall provide grant-matching funds for state and/or
federal grants for capital or operating funds to be used for the Beach Shuttle. 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 Beach Shuttle, or for expansion of the Beach Shuttle. in 1998 and
future years.
7.2 Bus Shelters and Benches. The City shall provide, install, and maintain bus shelters,
benches and other bus stop furnishings at Beach Shuttle stops along the City's Beach
Shuttle Service routes.
7.3 Bus Stops and Bus Bays or Pull-outs. The City shall provide, install, and maintain bus
stop sites, including bus bays or pull-outs at Beach Shuttle stops along the City's Beach
Shuttle routes, provided that any proposed bus bays or pull-outs and any proposed
modifications or reconfigurations to existing bus bays or pull-outs shall be first reviewed
and approved by the County.
7.4 Beginning with the first year in which the Beach Shuttle's operating statistics are reflected
in the National Transit Data Base where those operating statistics result in new or
supplemental federal funds flowing to the County, and where those new or supplemental
funds are solely attributable to the Beach Shuttle'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 awarded by the federal government,
less any direct grants received by the City from the County for the Beach Shuttle,
provided that the funds remitted to the City herein shall be used for the expansion,
enhancement or maintenance of the Beach Shuttle program.
As used herein, the City's attributable share shall be an 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 Beach
Shuttle operations provided by the City pursuant to this Agreement and as included in the
National Transit Data Base. Said attributable share shall be calculated utilizing the
following formula:
Multiply the City's properly reported annualized Bus Revenue Vehicle Miles
statistic that was used in the apportioned federal program for a fiscal year by the
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"Unit Value for Bus Vehicle Revenue 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.
Example: a) If, during fiscal year 19X1, the Beach Shuttle operated and properly
reported 400,000 Bus Vehicle Revenue Miles, and
b) if, in federal fiscal year 19X3, the "Unit Value for Bus Vehicle
Revenue Miles for Urbanized Areas over 100,000" was calculated using 19X1
reported statistics and published in the Federal Register, following the signing
into law of 19X3 transportation appropriations, as $0.34472062, then
c) the City would be entitled to 400,000 x $0.34472062 = $137,888.25
of the total formula funding apportionment to the County for 19X3. This is the
City's attributable share of the total federal transit formula funds, in that these
monies would not have been apportioned to the County without the inclusion of
the 400,000 vehicle miles operated by the City.
NOTE: Historically, apportioned funds are allocated to the County two (2) years
after Bus Revenue Vehicle Miles are reported to federal government.
7.5 In the event that the Beach Shuttle operations contribute to an increase in 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, as defined in
paragraph 7.4 above, of new or supplemental State Transportation Block Grant funding
received from FDOT no less than sixty (60) days after funding is awarded by the State
less any direct grants received by the City from the County for the Beach Shuttle. The
State funding formula can be found at Section 341.052(6), F.S..
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 TERM OF AGREEMENT
This Agreement shall commence upon approval of the Board of County Commissioners
and the Mayor and City Commission of the City of Miami Beach and the execution by the
County Manager and authorized City representative and shall remain in force for two
years thereafter. This Agreement is subject to two one-year options to renew, by
agreement between the County Manager and the Mayor and City Commission.
8.2 RENEGOTIATION OR MODIFICATION
Any substantive changes in the level of service to be provided by the City as set forth
herein shall only be implemented after the County and the City have entered into a written
agreement describing the changed services.
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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 this
Agreement.
8.4 TERMINA nON
8.4.1 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 Beach Shuttle operations are in
violation of safety-related provisions of state statutes or the Code of Metropolitan Dade
County, in which case)ermination shall be as determined by the County Manager. 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 the notice period, in which case the terminating party may cancel
the termination notice using the same means by which the notice of termination was
delivered.
8.4.2 The County or the City may terminate this Agreement without cause upon no less than
one hundred twenty (120) 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 financial assistance it has received for the year.
8.4.3 All notices and other communications required to be remitted pursuant to this Agreement
to either party hereto shall be in writing and shall be delivered by verified facsimile
transmission or certified mail, return receipt requested, to the parties at the address
indicated below:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit Agency
111 N.W. 1st Street Suite 910
Miami, Fl33l28
Attention:
Director, Miami-Dade Transit Agency
Fax: (305) 375-4605
FOR CITY OF MIAMI BEACH:
City of Miami Beach..
Office of the City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Attention:
Harry Mavrogenes, Assistant City Manager, DDHPS
('. I.InSI mE AMII'IW,f)()(,.I'2'MBSHITL2..I'AM
11
Fax: (305) 673-7772
With Copies to:
City of Miami Beach
Office of the City Attorney
Attn: Murray H. Dubbin
1700 Convention Center Drive
Miami Beach, FL 33139
8.5 NAME OF PAYEE The name of the official payee to whom the County shall issue
checks shall be the City of Miami Beach.
8.6 COMPLETE AND BINDING AGREEMENT This wntmg 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.
8.7 EXECUTION This document shall be executed in four (4) counterparts, each of which
shall be deemed an original.
8.8 GOVERNING LAW This Agreement shall be construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature:
.'
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Harvey Ruvin,Olerk' " ,,<!
ATTEST: .,
FOR THE COUNTY:
\_' (
Miami-Dade County,
a political subdivision of the State of Florida
B~;f7'h!!u.-rAJ
p~ty Clerk
By:
ounty Manager ~
Date Executed)~..A, e-L { ~ / (~ '( l
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
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12
ATTEST:
FOR THE CITY:
BY:~ 6- ~vL
City Clerk
City of Miami Beach,
a political subdivision of the State of Florida
By:
Date Executed: I / {f / If 8
I I
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~ lrJ(PtJk
.ty Attorney
i/7/9g
Date
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Exhibit IIAII
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Exhibit "B"
Miami Beach
Minibus Circulator Route
Schedule
Service Hours:
Monday, Tuesday, Wednesday
Thursday, Friday, Saturday
Sunday, Holiday
8:00 am to 2:00 am
8:00 am to 4:00 am
10:00 am to 2:00 am
Frequency:
Nights and Weekends
Other times
Every 11 minutes
Every 6 minutes
Effective January 31, 1998
Exhibit "C"
Page 1 of 3
Miami Beach
Minibus Circulator Route
Minimum County Insurance Requirements
If the service under this Interlocal Agreement is operated by a
contractor, the Contractor shall furnish to the Director, Miami-Dade
Transit Agency, 111 N.W. 1st Street, Suite 910, Miami, Florida 33128, a
Certificate(s) of Insurance which indicate that insurance coverage has
been obtained which meets the requirements as outlined below:
a. Worker's Compensation insurance for all employees of the
Contractor as required by Florida Statute 440.
b. Public Liabilit Insurance on a comprehensive basis in an
amount not less than 300,000 combined single limit per
occurrence for Bodily Injury and Property Damage. Dade
County must be shown as an additional insured with respect to
this coverage.
c. Automobile Liability Insurance covering all owned, non-owned
and hired vehicles used in connection with the Services, in
an amount not less than $500,000 combined single limit per
occurrence for Bodily Injury and Property Damage.
The insurance coverage required shall include those
classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the
Contractor.
All insurance policies required above shall be issued by
companies authorized to do business under the laws of the State
of Florida, with the following qualifications:
Exhibit "C"
Page 2 of 3
The Company must be rated no less than "B" as to management and
no less than "Class V" as to financial strength by the latest
edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent subject to the
approval of the County's Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as
shown in the latest "List of All Insurance Companies Authorized
or Approved to Do Business in Florida", issued by the State of
Florida Department of Insurance and are members of the Florida
Guaranty Fund.
Certificates will show that no modification or change in
insurance shall be made without thirty (30) days advance notice
to the certificate holder.
Compliance with the foregoing requirements shall not relieve the
Contractor of any other of his liability and obligations.
Compliance is contingent upon receipt of the insurance documents
within fifteen (15) calendar days after the Board of County
Commission approval of the Interlocal Agreement. If the
insurance certificate is received within the specified period,
but not in the manner prescribed in this Contract. the Contractor
shall be verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a corrected
certificate to the County.
If the Contractor fails to submit the required insurance
documents in the manner prescribed within twenty (20) calendar
days after the Board of County Commission approval, the
operation of the Minibus Circulator Route shall not be operated
or shall be suspended unless such time frame for submission has
been extended by the County.
Exhibit "C"
Page 3 of 3
The Contractor shall be responsible for assuring that the
insurance certificates required by this Exhibit remain in force
for the duration of the contractual period, including any and all
option years, if applicable. If insurance certificates are
scheduled to expire during the contractual period, the Contractor
shall be responsible for submitting new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar
days in advance of such expiration.
In the event that expired certificates are not replaced with new
or renewed certificates that cover the contractual period, the
County shall suspend the contract until such time as the new or
renewed certificates are received by the County in the manner
prescribed in this Contract; provided, however, that this
suspended period does not exceed thirty (30) calendar days. The
County may, at its sole discretion, terminate the contract for
cause.
~
CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
lttp:\\ci.miami-beach. f1.us
COMMISSION MEMORANDUM NO. 1 53 - crJ
TO:
Mayor Neisen Kasdin and DATE: December 3, 1997
Members of the City Commission
Jose GarCia_pedros~
City Manager
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH. FLORIDA. APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
WITH DADE COUNTY. WHEREBY THE COUNTY PERMITS THE CITY TO
OPERATE THE ELECTROWAVE PARK-AND-RIDE/CIRCULATOR SHUTTLE
SERVICE WITHIN THE CITY LIMITS OF MIAMI BEACH.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
In order to operate the ELECTROWA VE Park-and-RideICirculator Shuttle Service, the
City must obtain the Dade County-required Certificate of Transportation. The
ELECTROWA VE Service is scheduled to begin on Saturday, January 24, 1998.
On July 22, 1997, Dade County adopted Ordinance No. 97-127 amending the Code
to allow incorporated municipalities, such as Miami Beach, to operate circulator shuttle
services where at least seventy percent (70%) of the route is within one municipality.
Pursuant to this amendment, Section 31 . 113{m) of the County Code requires that the
City enter into an Interlocal Agreement with the County and pay $2,275 in fees and
permits in order to receive a Certificate of Transportation for the ELECTROWA VE
Service.
ANAL YSIS
The attached Interlocal Agreement has been submitted by the County for execution
by the City and, subsequently, by the County Commission at the December 16, 1997
meeting. Pursuant to the Agreement, the City agrees to pay the following Certificate
of Transportation and Vehicle Permit Fees to the County:
AGENDA ITEM
~7A
IZ-3''L7
DATE
I
FEE TYPE
FIRST YEAR
SUBSEQUENT YEARS
Application for New Certificate
Certificate fee
Certificate renewal
Vehicle Operating Permit
(at $225.00 for each of the 7 buses)
$ 250.00
$ 450.00
-0-
-0-
$ 225.00
$1,575.00
$1,575.00
Totals .. ......... ....... ......... ............ .....
$2,275.00
$1,800.00
Funds for the purposes of first-year County fees are provided in the Contingency
section of the 1997-98 ELECTROWA VE Budget.
CONCLUSION
The attached Interlocal Agreement is a required element of the ELECTROWA VE
Service. Once again, the Administration recommends approval by the Mayor and City
Commission so that the document can be immediately submitted for approval by the
County Commissioners. The ELECTROWA VE Service needs to acquire a Certificate
of Transportation by early January, 1998.
JGP/~
(ewdade)
. A~ proved
Veto
Override
Mayor
Agenda Item No. 6(I)(1)(A)
3-3-98
RESOLUTION NO.
R-226-98
RESOLUTION APPROVING EXECUTION OF AN
AGREEMENT WITH THE CITY OF MIAMI BEACH FOR
THE CITY TO OPERATE A MINIBUS CIRCULATOR
ROUTE FOR A PERIOD OF TWO YEARS WITH TWO
ONE YEAR RENEWALS; AND AUTHORIZING THE
COUNTY MANAGER TO EXERCISE 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 the Agreement between Miami-Dade County and the City of
Miami Beach for the City to operate a minibus circulator route for
a period of two years with two one year renewals, 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; and to exercise the renewal provisions contained therein.
The foregoing resolution was offered by Commissioner Pedro Reboredo
, who moved its adoption. The motion was seconded by
Commissioner Gwen Margoli~ and upon being put to a
vote, the vote was as follows:
5
Dr. Miriam Alonso
Miguel Diaz de la Portilla
Bruce C. Kaplan
Natacha Seijas Millan
Dennis C. Moss
Dorrin D. Rolle
aye
aye
aye
absent
aye
absent
D. Souto
Javier
(I
<<
Agenda Item No. 6(I)(I)(A)
Page No. 2
Dr. Barbara M. Carey aye
Betty T. Ferguson absent
Gwen Margolis aye
Jimmy L. Morales aye
Pedro Reboredo aye
Katy Sorenson aye
aye
The Chairperson thereupon declared the resolution duly passed
and adopted this 3rd day of March, 1998. 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 as
to form and legal sufficiency.
G'k <;
"{
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
KAY SULLIVAN
By:
Deputy Clerk
;
MEMORANDUM
Agenda ~tem No. 6(I)(l)(A)
TO:
Honorable Chairperson and Members
Board of County Commissioners
DATE:
March 3, 1998
FROM: Armando Vidal,
County Mana
SUBJECT: Interlocal Agreement
With the City of Miami
Beach
RECOMMENDATION
It is recommended that the Board approve an interlocal agreement
with the City of Miami Beach which allows the City to operate a
minibus circulator route (a.k.a. Beach Shuttle), marketed as the
"Electrowave", for a period of two years with two one year renewals
upon agreement of both parties. The City will operate the service
with its own funds and with grant funds. There is no financial
participation by the County. This interlocal agreement is required
under Chapter 31, Article III, section 31-113 of the Code of
Miami-Dade County and has been executed by officials of the City of
Miami Beach.
BACKGROUND
Considerable traffic congestion and the lack of adequate parking
facilities in the visitor attractions area in South Miami Beach
have created an inconvenience for the area's patrons during the
last few years. Underutilized remote parking lots do not offer
relief, since patrons of the entertainment area prefer not to walk
long distances to and from the remote parking lots nor use the
conventional Metrobus service in the area.
The City of Miami Beach has worked with staff from the Miami-Dade
Transit Agency (MDTA) to develop a shuttle service specifically
designed to cater to the transportation needs of the South Beach
patrons. The Electrowave will provide frequent, minibus service
between the South Beach entertainment area and several remote
parking facilities. The service will be promoted by the City using
an attractive, consistent marketing theme. The brightly colored
electric minibuses are designed to attract the South Beach patrons
and are fully accessible to the handicapped.
A "soft" opening of this service occurred on January 20, 1998; full
service began on January 31. The City has applied for a Temporary
Passenger Motor Carrier Certificate of Transportation with the
County's Consumer Services Department; a permanent Certificate will
be applied for upon approval of this agreement.
Key provisions of the agreement include:
o If, in the future, the City charges fares, the County's
transit fare structure will be used including the acceptance
of County passes and tokens;
o The City will adhere to all federal, state and local transit
operating requirements;
Honorable Chai :rson and Members
Board of County Commissioners
Page 2
o MDTA may provide technical service planning and scheduling to
the City as requested;
o MDTA and the City will exchange route and schedule information
to each other's patrons using normal information distribution
channels. The City may erect additional information displays
at all bus stops. The City is responsible for passenger
shelters and benches at all bus stops served by the Beach
Shuttle;
o The City will provide ridership statistics and other reporting
data for inclusion in mandated federal and state reports for
which the City will receive its commensurate share of state and
federal formula funds; and
o MDTA can bid on providing service for any or all of the City's
circulator routes.
The Electrowave operates in an area where there is extensive
Metrobus service. Metrobus routes A, C, G, H, K, L, M, R, S, and W
operate on one or more of the same streets as does the Electrowave.
All but the Route W could be considered as non-competitive because
their primary function is to provide service between South Miami
Beach and other parts of the County. Routes A, G, L, and R
terminate in the area and do not provide service within the South
Miami Beach area. All other routes can be used to ride between
points in the South Miami Beach area, but are primarily used to
connect to other parts of the City and County.
An estimate of the possible revenue loss on the Route W, due to the
operation of the Electrowave, was made usin~ data from the first
eight days of the operation of the Electrowave. The estimated
revenue loss on the Route W is about $20 per day. System-wide
Metrobus revenue is about $113,000 per day. Therefore, the
estimated revenue loss represents less than one one-fiftieth (1/50)
of one (1%) percent of Metrobus daily revenues. Estimates of the
revenue loss on other routes would be even less, since those routes
receive most of their revenue from operations in other parts of the
County.
Because most Metrobus routes in the South Miami Beach area serve
markets different from that of the Electrowave, and because the
revenue impact on the Metrobus budget is so small, it is
recommended that the Board approve operation of the Electrowave
through the interlocal agreement. By approving the Electrowave,
additional transit service is being provided at almost no cost to
the County. Staff w~ll monitor future impacts carefully and will
report back to me and to the Board if further actions are warranted
prior to the expiration of the interlocal agreement.
DIRECTIVES
No directives received.
~