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2001-24375 RESO RESOLUTION NO, 2001-24375 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE CITY AND MIAMI-DADE COUNTY EXERCISE THE SECOND ONE-YEAR OPTION TERM TO RENEW THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF MIAMI BEACH, FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES, DATED MARCH 13, 1998, SAID AMENDMENT TO PERMIT THE OPERATION OF THE ELECTROW A VE SHUTTLE SERVICE IN SOUTH BEACH FOR ONE ADDITIONAL YEAR, UNTIL MARCH 13, 2002, AS ESTABLISHED BY THE AGREEMENT. WHEREAS, on December 3, 1997, Resolution No. 97-22597 authorized the City to enter into an Interlocal Agreement with Miami-Dade County for the operation of the Electrowave Circulator Shuttle Service; and WHEREAS, pursuant to Section 31-113.(m) of the Miami-Dade County Code, on March 13, 1998, the County executed an Interlocal Agreement with the City and issued a Certificate of Transportation to the Electrowave Service, for a period of two (2) years, with a provision for two subsequent one-year extensions; and WHEREAS, last year, the City was granted a first extension through March 13,2001, via a letter from the County Manager, dated July 6, 2000; and WHEREAS, the City wishes to continue providing local circulator transit in South Beach, via the Washington Route and Collins Route of the Electrowave Shuttle Service; and WHEREAS, the City wishes to apply for a second extension to the Interlocal Agreement, through March 13, 2002, as a late submission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby request that the City and Miami-Dade County exercise the second one-year option term to renew that certain Interlocal Agreement between the County and the City, for the provision of public transportation services, dated March 13, 1998, said Amendment to permit the operation of the E1ectrowave Shuttle Service in South Beach for one additional year, until March 13, 2002, as established by the Agreement. PASSED AND APPROVED this the 16th day of May , 2001. ~~~~ CITY CLERK r ,1 tAl! f / / iF"~/'l './ r.; ,IIA' (; /H MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F'IWORK\tl'RA\M!El.L'.'LOI'BSIINI'IlLOCLMl!M 111 ~W ~-J.;.Q~ 1 MIAMI-DADE COUNTY, FLORIDA ..D ~'r~ 1Ii.:iiilI II! !Ill ~j'~ STEPHEN P. CLARK CENTER OFFICE OF COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET MIAMI, FLORIDA 33128.1994 (305) 375.5311 July 6. 2000 9 Mr. Lawrence Levy . Interim City Manager City of Miami Beach 1700 Convention Center Drive, 2"" Floor Miami Beach, FL 33139 o -, '..:' Re: Interlocal Agreement for Transit SelVice between Miami-Dade County and the City of Miami Beach Dear Mr. Levy: The Miami-Dade Transit Agency (MOTA) is in receipt of the City of Miami Beach's Resolution 2000-23902 requesting an extension of the above-captioned Agreement for one year. We are very happy to agree to the extension. -.l Therefore, in accordance with Article 8.1 of the Agreement, I authorize the extension of the Agreement until March 13, 2001. . We look forward to continuing to work with the City to provide a high level of transit selVice to our joint constituents. If you have any concerns regarding this extension, please contact me or Danny Alvarez, MD A Director at (305) 375-2995. .' Sin it~~~ /' M. R. 5tierheim County Manager , cc: Danny Alvarez, MOTA Director Amelia Johnson. City of Miami Beach --- v.J- I f] 3-3-96 RECEiVED . ~2 Mt~~lo.91a~/~-Rreeme~t Betw~en . MIaWl-pl:l-de C~lllrrf:Y-,~nd CIty of MIamI Beach , /-'-j-~'~~~:~i':.: \ j ~.:. : ;:~~.: "';.: c'iFror 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". WIT N E SSE T H: 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 (Metrobus) 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: c: LOTSU/TE'cAMJPRO'.fJQCS]'MBSHm2.SAM ARTICLE I 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 "USDOT" 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. 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 in accordance with a schedule offares adopted by County Ordinance. C:\LOTSUITf).AM/PRO'DOCS2IMBSHm2.SAM 2 ARTICLE 2 GENERAL REQUIREMENTS 2 .1 Comoliance with Apolicable Laws and Relrulations. 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 MDTA 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 Relrulatorv Reauirements. 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 Reauirements. 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 Comoliance Prior to Ooeration. The City and/or its contractors shall provide the County with proof of compliance with licensure, insurance, and any other requirements C:\LOTSUiTE\AMfPROIDOCS2'W1BSHntZ.SAM 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 Resoonsibilitv. 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 Comnliance 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 Reauirements. 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 Countv's Rill:ht 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 Workolace and Testinll:. 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 defmed 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 Reoresentative. 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 Reoresentative. 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. C:1l.0TSU/7'E'.AMJPROIDOCS2'MBSHTfL1.SAM 4 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 Avenue, 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 EntirelY. 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 MDTA'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 MDTA. , 3.7 Plannin~ and Schedulinl! 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. C:'.LOTSUlTE AM/PRO;OOCS2'MBSHm2.SAM 5 3.8 Accentance 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.l0 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 Stoo Si~ns 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, MDTA 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 shaU be responsible for instaUing 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. , C:'WTSU/TEAMJPROt[)()('S2IMBSHTTL1.SAM 6 ARTICLE 4 RECORDS AND REPORTS 4.1 Reportinl): Reauirements. 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 C:ILOTSUI'lFoAMJPROIDOCS1IMBSHm2.SAM 7 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 C;'"LOTSUlTE'.AMIPROI/XXS2'M8SHmz.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-Matchinl!: 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 Stoos and Bus Bavs 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 USDOT no less than sixty (60) days after funding is awarded by the federal govemment, 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 thep C;:!.OTSUlTE\AMJPRO\DOCS2IMBSHml.SAM 9 "Unit Value for Bus Vehicle Revenue Miles for Urbanized Areas over 1,000,000" as reponed 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. C;IL01'SUlTE: AMIPRO'J)()CS2MBSHml.SAM 10 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 TERMINATION 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.termination 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, FI33128 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 c-WTSUlTEiAMJPRUlDOCSlMBSHml.SAM 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 wntlllg 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: ATTEST: FOR THE COUNTY: Miami-Dade County, a political subdivision of the State of Florida Harvey Ruvin, Clerk B~~ ~:;l~rl<~,. By: -00.( .,;~.., - " : ~., <'). ~ , ~ " .~. ~ ( c,:~':rj ;- J v . ':";:.l , * Jt .'0 o' Approved aiftO'Foim and Legal Sufficiency d of County Commissioners By: Assistant County Attorney C;\LO~U1TE\AMIPRO\DOCS1IMBSHm2.SAM 12 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ~ 91(-01 TO: Mayor Neisen O. Kasdin and DATE: May 16, 2001 Members of the City comnns~' sion Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE CITY AND MIAMI-DADE COUNTY EXERCISE THE SECOND ONE-YEAR OPTION TERM TO RENEW THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF MIAMI BEACH, FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES, DATED MARCH 13, 1998, SAID AMENDMENT TO PERMIT THE OPERATION OF THE ELECTROW A VE SHUTTLE SERVICE IN SOUTH BEACH FOR ONE ADDITIONAL YEAR, UNTIL MARCH 13,2002, AS ESTABLISHED BY THE AGREEMENT. FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to Section 31.1I3.(m) of the County Code, all municipalities are required to enter into an Interlocal Agreement with the County and receive a Certificate of Transportation prior to operating any local circulator service. On March 13, 1998, Miami-Dade County executed an Interlocal Agreement with the City of Miami Beach, allowing the operation of the Electrowave Shuttle Service in South Beach for a period of two (2) years, with a provision for two subsequent one-year extensions. The Agreement was first extended last year, through March 13, 2001. Therefore, this year's request for renewal is outstanding and has to be forwarded to the County Manager, via the Miami-Dade Transit Agency, as soon as possible. We wish to remind you that the City and its consultant, The Corradino Group, are preparing a Long Range Plan for the Electrowave Shuttle Service, and will submit its conclusions and recommendations to the City Commission, at the last regular meeting in June 2001, prior to the preparation of any proposed 2001-02 operating budget for this local transit service. I The Administration recommends approval of the Resolution. J~aj AGENDA ITEM C7C-C- S-% --d/ DATE