98-22685 RESO
RESOLUTION NO. 98-22685
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE MIAMI-DADE COUNTY TRANSIT
AUTHORITY FOR TRANSPORTATION OF NON-AMBULATORY PERSONS
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 Miami-Dade County Transit Authority has agreed to permit the
Miami Beach Police Department to access its contracts for STS services; and
WHEREAS, the Miami-Dade County Transit Authority has written an Agreement
that will permit the Miami Beach Police Department to access the STS services.
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 the attached Agreement between the Miami-Dade
County Transit Authority and the City of Miami Beach for the transportation of non-
ambulatory services.
PASSED and ADOPTED this 18th of
March
,1998.
JJ
MAYOR
ATTEST:
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jo luAd I.Cvl~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. 155 -g '?
TO:
Mayor Neisen O. Kasdin and DATE: March 18, 1998
Members of the City Commission
Sergio Rodriguez & ~
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 AGREEMENT WITH THE MIAMI-DADE
COUNTY TRANSIT AUTHORITY FOR SPECIAL TRANSPORTATION
SERVICES
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve 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 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 (MDT A) 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 met with and negotiated an Agreement with MOTA to access the
contracts it has to provide transportation for non-ambulatory persons.
ANAL YSIS
Currently, the Police Department resources do not meet the requirements of the ADA for
transporting persons who are non-ambulatory. The Police Department initially investigated
the possibility of equipping one of its existing transport vehicles, or buying a new vehicle,
that was compliant with the ADA. This study revealed that the cost would be more than
$25,000. The Police Department then investigated the possibility of contracting this
service.
AGENDA ITEM ~ 'l (<...
DATE -18~~H
This inquiry revealed the existence of the STS contract with the MOTA. Meetings with
MOTA Officials revealed that the MOTA would grant access to lrs contract for the police
department. By utilizing the existing contract, the Police Department would pay on a per
trip basis. Currently, the cost per trip is $17.78. While no exact figures exist on the number
of trips needed, it is estimated, from antidotal sources, that the number of trips would not
exceed 25 per year or an estimated yearly cost of approximately $445.00.
CONCLUSION
Signing this agreement will bring the City and the Police Department into immediate
compliance with the ADA for the transportation of non-ambulatory persons in a very cost-
effective manner.
SRlRRB/MWD/SDRlMMS
T:\AGENDA IMAR1898\CITYMGR\TRANSIT.OK
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AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY
AND THE CITY OF MIAMI BEACH FOR TRANSPORTATION SERVICES
This Agreement entered into as of this ~ day of St4.N ~ ,
1998, in accordance with Section 2-10 of the Code of
Miami-Dade County and subject to ratification of the Board of
County Commissioners, by and between Miami-Dade County,
hereinafter referred to as the County and the City of Miami.
Beach, hereinafter referred to as the City.
WITNESSETH THAT:
Whereas, the City is required on occasion to transport
non-ambulatory persons who cannot be transported in a normal
automobile;
Whereas, the County has contracts for transporting
non-ambulatory persons;
Whereas, the County desires to provide transportation
services to City through these transportation contracts,
Now, therefore, in consideration of the mutual promises and
covenants herein contained, it is agreed as follows:
I. SCOPE OF AGREEMENT
A. Upon request by the City, the County will allow the
City to contact the appropriate transportation provider
under contract with the County and arrange for the
transportation of non-ambulatory persons. The services
requested must be within the confines of the contract
and will be provided in accordance with the terms of
the contract.
B. All'persons being transported under this Agreement
shall, at all times, be accompanied by a City of Miami
Beach police officer.
C. The County and the City shall each designate a
Representative to carry out the responsibilities for
the technical direction and administration of this
Agreement. All correspondence and communications
between the County and the City will be issued by or
directed to these Representatives. Representatives may
be changed upon written notification to the other
party.
II. TERM OF THE AGREEMENT
This agreement shall become effective upon execution by
both parties and approval by the Board of County
Commissioners and shall remain in effect for a period of
five years.
III. RENEWAL
This agreement may be renewed for an additional five year
period upon agreement of both parties and authorization of
the Board of County Commissioners.
IV. TERMINATION
Either party may terminate this Agreement at any time for
any cause, upon thirty days written notice to the other.
V. METHOD OF PAYMENT
The County shall bill the City for the actual cost to the
County for the transportation services and any other
direct costs reasonably incurred by the County, including
administrative costs. The method of establishing the
direct costs, including administrative costs, shall be
mutually agreed upon by the two parties. The City shall
pay all invoices in accordance with the Florida Prompt
Payment Act.
VI. NOTICES
All notices, requests, demands, consents, approvals and
other communication which are required to be served or
given hereunder, shall be in writing and shall be sent by
registered mail or certified U.S. mail, return receipt
reques~ed addressed to the party to receive such notices
as follows:
To County: Miami-Dade Transit Agency
paratransit Operations
2775 SW 74th Avenue
Miami, Florida 33155
Attention: Ms. Christina Sizemore
To City:
City of Miami Beach
1100 Washington Ave,
Miami Beach, Florida 33139
Attention:
VII. INDEMNIFICATION
The City shall indemnify and hold harmless the County and
its officers, employees, agents and instrumentalities from
any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may
suffer as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this
Agreement by the City or its employees, agents, servants,
partners, principals or subcontractors. The City shall
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 where
applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorneys' fees which may issue
thereon. Provided, however, this indemnification shall
only be to the extent of the limitations included within
the Florida Statutes 768.28, subject to the provisions of
that Statute whereby the parties shall not be held liable
to pay a personal injury or property damage claim or
jUdgment by anyone person which exceeds the sum of
$100,000 or any claim or judgments or portions thereof,
which, when totaled with all other claims or judgment paid
by the City arising out of the same incident or
occurrence, exceed the sum of $200,000 from any and all
personal injury or property damage claims, liabilities,
losses or causes of action which may arise as a result of
the negligence of the City.
VIII. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the
parties. The parties represent that in entering into this
Agreement they have not relied on any previous oral or
implie~ representations, inducements or understandings of
any kind or nature. No verbal modifications hereof shall
be effective.
In witness whereof, the parties have caused this Agreement
to be executed in their names by their duly authorized
officers and seals to be affixed hereto, on the day and
year first above written.
Approved as to form and legal sufficiency. ____
ATTEST:
CITY OF MIAMI BEACH
a Municipal Corporation of
the State Florida
in
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Robert Parcher
City Clerk
By:
ATTEST:
MIAMI-DADE COUNTY,
a political Subdivision of
the State of Florida
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APPROVED AS TO
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