HomeMy Public PortalAbout2016-14 Approving an interlocal agreement with MIA relating to public transportation servicesRESOLUTION NO. 2016-14
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY
RELATING TO PUBLIC TRANSPORTATION SERVICES;
PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") proposes to implement a municipal
trolley system (the "Village Trolley") to provide residents, visitors and commuters with a mode of
public transportation that improves mobility and enhances connections to existing local and regional
transit; and
WHEREAS, executing an interlocal agreement, in substantially the same form as attached
hereto as Exhibit "A," between Miami -Dade County and the Village for the provision of public
transportation services is a pre -requisite for the implementation and operation of the Village Trolley
(the "Interlocal Agreement"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Approval. The Village Council hereby approves the Interlocal Agreement,
in substantially the form attached hereto as Exhibit "A."
Section 3. Authorization. The Village Council hereby authorizes the Village Manager
to execute the Interlocal Agreement, in substantially the form attached hereto as Exhibit "A," subject
to the Village Attorney's approval as to form, content and legal sufficiency.
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this 10th day of May , 2016.
) • I-'1 (1
MAY S ' MAYRA PEA LINDSAY
ATT ST:
2/4/,z
CHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
2
EXHIBIT "A"
MIAMI
Interlocal Agreement Between
Miami -Dade County and the Village of Key Biscayne
For the Provision of Public Transportation Services
For the Operation of the Key Biscayne Circulator
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
Village of Key Biscayne, a municipal corporation of the State of Florida, hereinafter referred to
as "the Village".
WITNESSETH.
WHEREAS residents of Village of Key Biscayne wish to enhance their transit mobility, and the
operation of a municipal circulator provides the opportunity of transit to match the travel needs
of the Key Biscayne residents: and:
WHEREAS. the provision of regularly scheduled trans1 circulator services can help decrease
the need for specialized transportation services by the County and
WHEREAS, the provision of regularly scheduled transit circulator service will connect with
ex sting Miami -Dade Transit (MDT) services and help increase the use of services provided by
MDT, and
WHEREAS the Village has sponsored and s willing to provide an a:ternat ve form of
supplementa pubic transit throughout the Vil'age and has secured and obligated the necessary
funds to provide:
NOW THEREFORE,
tV CONS4DERATION of the mutua terms conditions, promises covenants and payments
here nafter set forth, the County and the V liage agree as follows
pg. 1
ARTICLE 1
DEFINITIONS
1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended
1.2 "Contractor" shall mean any entity, public or private providing public circulator services as
described in this Agreement under contract to the Village.
1.3 "Circulator" shall mean fixed route or semi -fixed route public transportation circulator
services where at least seventy (70%) percent of the route is within the Village and said
circulator service is operated by the Village, 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 Miami -Dade.
Consumer Services Department, and authorized representatives thereof.
1.5 "The Village" shall mean Village of Key Biscayne and authorized representatives thereof.
1.6 "FOOT" shall mean the Florida Department of Transportation and authorized.
1.7 "MDT' shall mean the Miami -Dade Transit and authorized representatives thereof.
1.8 "US DOT" shall refer to the U.S. Department of Transportation, its rules and regulations
and representatives thereof.
1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1.10 "CSD" shall mean the Consumer Services Department of Miami -Dade County
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 FTA.
1.13 "Fares" for the circulator service shall mean individual transportation fees paid by public
transit passengers in accordance with a schedule of fares adopted by County Ordinance.
1.14 "STS". Special Transportation Service, is the component of the conventional transit
system designed to provide comparable circulator service to disabled individuals as
mandated in the ADA.
pg. 2
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Applicable Laws and Regulations. The Village and its contractors, if
any, shall comply with alt 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 Village of Key Biscayne Circulator
Services. The Village shall be responsible for requiring compliance of its employees,
contractors, agents, or assigns with all applicable county, state and federal requirements,
including, but not limited to, all safety, mechanical, and vehicular standards mandated by
MDT and CSD. The Village shall be responsible for obtaining copies of the appropriate
laws, regulations, ordinances, and documents and complying therewith.
2.2 The County Regulatory Reauirenents. Prior to the commencement of the circulator
service under this Agreement, the Village and/or its contractors, if any, shall have current
and valid certificates of transportation, permits, and chauffeur registrations as required by
Chapter 31 of the Code of Miami -Dade County. The Village and its contractors shall
maintain such certificates, registrations and permits current during the Period of this
Agreement. In no event shall the Village or any of its contractors provide any
transportation services contemplated by this Agreement until any and all County
regulatory requirements are satisfied.
2.3 Vehicle Licensing. All vehicles utilized to provide transportation services shall at all times
be properly licensed and permitted in accordance with applicable federal, state and
county requirements. Vehicle operators shall comply with all safety, mechanical and
vehicular standards mandated by any applicable county, state and federal requirements
including, but not limited to, all safety, mechanical and vehicular standards mandated by
MDT and CSD.
2.4 Vehicle Standards. Vehicles shall comply with all of the Requirements contained in
Chapter 30 and 31 of the Code of Miami -Dade County, pertinent state statutes and other
directives as may be prescribed and required by CSD or MDT. 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.
2.6 Proof of Compliance Prior to Operation. The Village and/or its contractors, if any shall
provide the County with proof of compliance with liicensure, insurance and any other
requirements mandated by the Code of Miami -Dade County, state statute or federal law
prior to commencement of the circulator service.
pg. 3
2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a
contract for the provision of transportation services provided by the Village for the benefit
of citizens of Village of Key Biscayne and of the County. Village employees, agents and
contractors providing transportation services shall be considered to be, at all times, solely
employees, agents or contractors of the Village under its sole direction and not
employees, agents or contractors of the County.
2.8 Comolianc& with ADA. The Village's circulator services shall comply with all applicable
requirements of the ADA. The Village and the County recognize their joint obligation to
provide STS in the area served by the Village's Circulator service. In fulfillment of the
Village's obligation, the Village hereby allows the County to provide STS service at no
cost to the Village. To the extent that any terms in the Agreement are in conflict with
ADA, the requirements of the ADA shall control.
2.9 Compliance with Procurement Requirements. The Village 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 Village shall be considered, along with private contractors, for provision of
services to be provided by the Village pursuant to this Agreement.
2.11 Drua-free Workplace and Testing. In accordance with the Code of Miami -Dade County,
the Village shall certify that it will have dug -free workplace program. Further, the Village
shall require pre -employment drug testing and other periodic drug testing for all persons
holding safety -sensitive positions, as defined by US DOT, related to transit operation.
Effective upon execution of the Agreement, the Village shall require that its employees or
contractor if applicable, comply with all applicable requirements of the US DOT
regulations for drug and alcohol testing. To the extent that any terms in this Agreement
are inconsistent with the US DOT regulation, the requirements of the US DOT shall
control.
2.12 Village Representative. The Village shall designate individual(s) to act as liaison to the
County and notify the County thereof. The Village shall promptly notify the County of any
changes.
2.13 County Representative. The County shall designate individual(s) to act as liaison to the
Village and notify the Village thereof. The County shall promptly notify the Village of any
changes.
2.14 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement,
amendments and modifications to this Agreement must be in writing and shall require the
signatures of the County Mayor or designee and the Mayor, or their designees, subject to
authorization by their respective Boards. Notwithstanding the foregoing, amendments to
this Agreement regarding alignments, schedules, and fares, as described in Section 2-
150 (c) of the Miami -Dade County Code, may be approved by the County Mayor or
designee and the Key Biscayne Village Manager or their designees.
pg. 4
ARTICLE 3
VILLAGE OF KEY BISCAYNE TRANSPORTATION SERVICES
3.1 Provision of Village Circulator. The Village shall provide public transportation service on
one or more routes within the Village of Key Biscayne as contained in Figure 1 (map)
and schedules contained in Figure 2, copies of which are attached. Changes to Figure
1 or 2 shall be consistent with Chapter 31 of the Code of Miami -Dade County and be
effective only upon the written consent of the County Mayor or designee and the Key
Biscayne Village Manager or their designees. The following steps must be performed,
during the planning phase, if the Village decides to change a route (this includes adding
or abolishing a route): 1) advertise a notice of public hearing in English and Spanish; and
2) conduct a minimum of one public hearing that gives the community an opportunity to
voice their opinion concerning the change. The Village must present proof to Miami -
Dade County that the two steps previously mentioned were done before the route change
is implemented. If in the event the Village, after the effective date of this Interlocal
Agreement, should place for bid or solicitation for services described herein the Village
shall give Miami -Dade County the opportunity to submit a bid or proposal to provide that
transportation service.
3.15 Miscellaneous. The Village or Village's Contractor shall provide adequate customer
service training to its employees. Drivers, dispatchers and supervisors shall be subject to
a training program inclusive of the recommended practices established by the American
Public Transportation Association (APTA) in documents BTS-BO-RP-001-07 and BTS-
BO-RP 0002-07.
3.2 Fares. The Village shall operate the Circulator charging a Circulator fare in accordance
with public transit fares established by the Village of Key Biscayne Commission, as may
be modified from time to time. Initially no fare shall be collected until such a time as the
Village of Key Biscayne Commission enacts an Ordnance with an alternative fare
structure.
If an altemate fare structure is enacted, the Village shall accept MDT passes, transfers,
or identification entitling a passenger to ride a Circulator without paying any additional
fare. Qualified passengers shall pay no fare. MDT Easy Cards and Tickets, or
identification entitling a passenger shall be accepted to enable passengers to ride the
Circulator without paying an additional fare.
3.3 Connection and Coordination with County Bus Routes. The Circulator shall connect with
regular County Metro routes at points where the routes, intersect, merge or diverge.
3.4 Operation of Routes In Their Entirety. The Village shall be responsible for ensuring that
Circulator routes are operated in their entirety with no deviation from the approved routes
and schedules unless otherwise authorized by the County.
3.5 Circulator Shown on County Bus Schedutea. The County shall provide information on the
Village's Circulator service through MDTs routine and customary public information
dissemination processes, including its transit information telephone service, and transit
website.
pg. 5
3.6 Issuance of Circulator Schedules. The County shall make available to its Metrobus,
Metrorail and Metromover passengers map and schedules provided by the Village to
MDT.
3.7 Planning and Scheduling of Circulator Routes. The County, through the MDT Director or
his designee, may assist the Village staff with technical support for planning and
scheduling of Village circulator services.
3.8 Use of Logo. The Village may wish to design a logo uniquely identifying its circulator
service. If they do so, such logo shall at all times be displayed on the exterior of all
vehicles operation pursuant to this Agreement. The County shall allow the display of the
Circulator logo on the County's bus stop signs at all stops common to the Village and the
County bus routes does not interfere with previously placed signage, and is done in
coordination with MDT staff. The Village shall be responsible for placing the logo on the
pertinent signs.
Figure 2
See attached brochures for route schedules
3.9 Bus Stop Signs and Sjgnposts. The Village may provide, Install and maintain bus stop
signs and signposts at stops along the Village's Circulator routes. In the event that the
Village, its contractor, licensee, permittee, or assignee installs sign facilities that can
accommodate Metrobus bus stop information, the County may elect to utilize the Village's
sign facility to display Metrobus bus stop information. If such election is made, MDT shall
provide to the Village the materials to be displayed on the bus stop sign facility, in the
size and format to be specified by the Village and the Village will remove the County's
signs and retum the signs to the County. The Village shall be responsible for installing
the Metrobus stop information in/on the bus stop sign facility.
3.10 Bus Passenger Shelters and Benches. The Village agrees that it will be the responsibility
of the Village to comply with all ADA standards regulations with regards to accessibility to
and from bus passengers stops and bus shelters which the Village installs.
3.11 Bus Stoos and Bus Bays or Pull-outg. The Village shall, at its sole option, provide, install,
and maintain bus stop sites, including bus bays or pull-outs at Circulator stops along the
Village's circulator routes, provided that any proposed bus bays or pull-outs shall be first
reviewed and approved by the County or State, as appropriate.
3.12 Non-Interfierence and Non -Disturbance. The County and the Village 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 Key Biscayne Circulator in-service vehicles.
ARTICLE 4
RECORDS AND REPORTS
pg. 6
4.1 Reaortino Requirements. The Village 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 Village shall
annually prepare and submit to the County a copy of said reports no later than ninety (90)
days after the close of the County's fiscal year.
4.2 Additional Information. The Village shall provide additional information about the Village
Circulator service operations as requested by the County within thirty (30) days, unless a
different time period is agreed upon by the Village and the County.
ARTICLE 5
INSURANCE
The parties hereto acknowledge the Village is self -insured governmental entity subject to the
limitations of Section 768.28, F.S. The Village shall institute and maintain a fiscally sound and
prudent risk management program with regard to its obligations under this Agreement in
accordance with the provision of Section 768.28, F.S. The Village shall collect and keep on file
documentation of insurance of any and all private providers operating in the Village of Key
Biscayne Circulator service routes. In the event that the Village contracts with a private vendor
for services, the Village shall require contractor to meet the insurance requirements shown in
Figure 3, as minimum. The Village shall further require the private operator to include the
County as a named insured and shall provide the County with a copy of the insurance policy
purchased by any contractor prior to the provision of Circulator service operations.
pg. 7
Figure 3
Insurance Check List
1. Worker's Compensation and Employer's Liability per the statutory limits of the state of
Florida.
2. Commercial General liability (occurrence form), limits of liability $1,000,000 per
occurrence for bodily injury property damage to include premises/ operations; products
and completed operations; independent Contractors; broad form property damage
endorsement and contractual indemnity (hold harmless endorsement exactly as written in
"insurance requirements" of specifications).
3. Automobile Liability- $1,000,000 each occurrence owned/non-owned/ hired automobiles
included_
4. Excess Liability- $ .00 per occurrence to follow the primary coverage.
5. The Village must be named as an additional insured on the liability policies and it must be
named as an additional insured on the liability policies; and it must be stated on the
certificate.
6. Other Insurance as indicated:
Builders Risk completed value $
Liquor liability $
Fire legal liability $
Protection and indemnity $
Employee dishonesty bond $
X_Other blanket fidelity bond $ 10.000.00
7. Thirty days written cancellation notice required
8. Best's guide rating B+: VI or better, latest edition.
9. The certificate must state the bid number and title.
pg. 8
ARTICLE 6
INDEMNIFICATION
6.1 The Village shall, to the extent permitted by law at all-time hereafter, indemnify and hold
harmless the County, and its officers, agents, employees and instrumentalities from any
and all liability, claims, losses and causes of action, including attomeys' fees and costs of
defense which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands suits, causes of actions or proceedings of any kinds
or nature arising out of, or relating to or resulting from the negligence of the Village and/or
its officers, employees, agents or instrumentalities, during the term of this Agreement.
The Village shall resolve all claims and losses in connection therewith, and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the
County, where applicable, including appellate proceedings, and shall pay all costs,
judgments and reasonable attomeys' fees which may issue thereon. The Village
expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Village shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the County or its officers, employees,
agents or instrumentalities as herein provided. Nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent performance
or failure of performance of the County, Its officers, employees, agents or
instrumentalities or any other related third party. This paragraph is subject to the
limitations of Section 768.28, F.S.
6.2 The County shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the Village, and its officers, agents, employees and instrumentalities from any
and all liability, claims, losses, and causes of action, including attorneys' fees and costs
of defense which the Village 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 Village, where applicable, including appellate proceedings, and shall pay all costs,
judgments and reasonable attorney's 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 Vdlage or its officers, employees,
agents or instrumentalities as herein provided. Nothing herein shall be deemed to
indemnify the Village from any liability or claim arising out of the negligent performance or
failure of performance of the Village, Its officers, employees, agents or instrumentalities
or any other related third party. This paragraph is subject to the limitations of Section
768.28, F.S.
p>. 9
6.3 In the event the Village contracts for transportation services authorized by this
Agreement, the contractor shall, in its contract with the Village, be required to indemnify
and hold harmless the County, and its officers, agents employees and instrumentalities
from any and all liability, claims, liabilities, losses, and causes of action, including
reasonable attomeys' fees and cost of defense which the County, the Village or their
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 connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the County and
Village, where applicable, including appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. The Village shall require that
the contract between and Village and the contractor include a provision which states that
the contractor expressly understands and agrees that any insurance protection required
by this agreement or otherwise provided by the contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County and the
Village or their officers, employees, agents or instrumentalities as herein provided.
Nothing herein shall be deemed to indemnify the County and the Village from any liability
or claim arising out of the negligent performance of the County and the Village, their
officers, employees, agents or instrumentalities or any other related third party.
pg.10
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 Grant Matching Funds. The Village may, at its sole option, provide grant -matching funds
for state and/or federal grants for capital or operating funds to be used for the
Transportation Services. The County, upon agreement with the Village, 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 Village for the Circulator service, or for
expansion of the Circulator service, in future years.
7.2 Bus Shelters and Benches. The Village may, at its sole option, provide and install and
maintain bus shelters, benches and other bus stop fumishings, at those Circulator service
stops along the Village's route where the Village, or its contractor, feels that there is a
need for such furnishings. The Village shall at its own cost maintain and all sheletes,
benches, and all other bus stop fumishings with the Village.
7.3 In the event the County seeks federal or state funds and a condition of receipt of said
funds is the provision of operating statistics for the National Transit Database, County
may require Village to maintain and provide the necessary data. Villaae's Share of
supplemental Federal Funding. Beginning with the first year in which the circulator
service's operating statistics are reflected in the National Transit Database, where those
operating statistics result in new or supplemental funds are solely attributable to the
Circulator service's properly reported operations, the County agrees to pay the Village Its
attributable share of federal formula funds received from US DOT no less than sixty(60)
days after funding is received from the federal govemment, less any direct grants
received by the Village from the County for the Circulator, provided that the funds
remitted to the Village herein shall be used for the expansion, enhancement or
maintenance of the Circulator service program.
As used herein, the Village's attributable share shall be one half of the amount equivalent
to those Supplemental Urbanized Area Formula Funds, as described in 49 U.S.C,
Section 5307, as may be amended from time to time, that the County received as a direct
result of Circulator serve operations provided by the Village pursuant to this Agreement
and as included in the National Transit Database. Said attributable share shall be
calculated utilizing the following formula:
Multiply by .5 the Village's properly reported annualized Bus Revenue Vehicle Miles
statistic that was used in the apportioned federal programs for a fiscal year "Unit Value
for Bus Vehicle Miles for Urbanized Areas over 1,000,000" as reported in the table of Unit
Values for Formula Grant Apportionments, published annually in the Federal Register.
NOTE: Historically, apportioned funds are allocated to the County two (2) years after Bus
Revenue Vehicle Miles are reported to federal govemment.
pg.11
7.4 Village's Share of Supplemental State Funding. In the event that the Circulator
operations contribute to an increase in the County's State transportation funding,
beginning with the first year in which service is reflected in State's reporting system, the
County agrees to pay the Village its attributable share (one half of the supplemental
funding), as defined in paragraph 7.3 above, of new or supplemental state Transportation
Block Grant funding received by the County from FDOT no less than sixty (60) days after
funding is received from the State less any direct grants received by the Village from the
County for the Circulator. The State funding formula can be found at Section 341.052(6),
F.S.
7.5 Comparable Agreements. In the event that the County enters into an lnterlocal
Agreement with any other municipality for Circulator services which are comparable to
the services provided herein, County may agree to amend this Agreement, if requested
by the Village, to provide substantially equivalent favorable terms to the Village as those
provided in such other County/ Municipal Interlocal Agreements.
pg. 12
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Terms of Agreement. This Agreement shall commence upon approval of the board of
County Commissioners and the Commission of Village of Key Biscayne and the
execution by the County Mayor or designee, authorized Mayor, and shall remain in force
for five years thereafter. This Agreement is subject to one five-year automatic option to
renew under the same contract terms and conditions, all parties have the right to
terminate (see 8.4 and 8.5).
8.2 Renegotiation or Modification. Any substantive changes in the level of service to be
provided by the Village as set forth herein shall only be implemented after the County, the
Village have entered into a written agreement describing the changed services, and the
provisions of the County Code have been exercised.
8.3 Title VI and VII Civil Rights Act of 1964. The Village and its Contractors shall not
discriminate against any person because of race, color, sex, religious background,
ancestry or national origin In the performance of the Agreement. The Village and its
Contractor agree to comply with any portion of the Title VI and VII of the Civil Rights Act
of 1964 applicable to the operation of this route.
8.35 Americans with Disabilities Act (ADA) Title II of 1990.
The Village, and its Contractors shall not discriminate against any person because of
race, sex, religious background, ancestry, national origin or disability in the performance
of the Agreement. The Village and its contractors agree to comply with all parts of the
ADA Title II applicable to the operation of this route. Furthermore, the Village, prior to
putting into place and operating this route, shall provide the following evidence to the
County of compliance with Tittle 11 of the ADA as mandated by the Code of Federal
Regulations Title 49 Parts 27.13 and 27.15:
1. The name and contact information of the Village's ADA Coordinator.
2. Evidence of ADA notice posted in an accessible format on the Village's website.
3. The ADA notice shall be comprised of the following:
a. Notice of nondiscrimination on the basis of disability (see Appendix X for
sample),
b. ADA grievance procedure.
c. An online contact form if applicable.
d. Accessible contact information of the designated ADA Coordinator,
including phone number and email address.
8.4 Termination for Cause. This Agreement may be terminated for cause by either party
upon no less than thirty (30) days written notice to the other party, except when Circulator
operations are in violation of health and/or safety -related provisions of state statutes or
the Code of Miami -Dade County, in which case termination shall be determined by the
County Mayor or designee. Said notice shall be delivered by verified facsimile
transmission or certified mail, retum receipt requested. The noticed party shall have the
opportunity to cure any stated cause for termination within a reasonable notice period, in
pg.13
which case the termination party may cancel the termination notice using the same
means by which the notice of termination was delivered.
8.5 TSrmination without Cause. The County or the Village may terminate this Agreement
without cause upon no less than sixty (60) days written notice to the other party. 1f the
County or the Village terminates this Agreement with or without cause, the Village agrees
to reimburse the County on a prorated basis for any financial assistance it has received
for the Circulator bus service for the year.
8.6 Notices. All notices and other communications required to be remitted pursuant to this
Agreement to either party hereto shall be in writing and shall be delivered by verified
facsimile transmission or certified mail, return receipt requested, to the parties at the
address indicated below:
pg. 14
FOR MIAMI-DADE COUNTY:
Miami -Dade Transit
701 NW 1't Court
Miami, Florida 33136
Attention: Director, Miami -Dade Transit
Fax: (786) 469-5406
FOR VILLAGE OF KEY BISCAYNE
Key Biscayne Village Manager
Village of Key Biscayne
88 W McIntyre St, Suite 210 Key Biscayne, FL 33149
Ph. (305) 365-5511
8.7 Complete and Bindina Agreement. This writing embodies the full and complete
agreement of the parties. No other terms, conditions or modifications shall be binding
upon the parties unless in writing and signed by the parties.
8.8 Execution, This document shall be executed in five (5) counterparts, each of which shall
be deemed an original.
8.9 Govemino Law. This Agreement shall be construed in accordance with the laws of the
State of Florida.
pg.15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST:
B
ATTEST:
VILLAGE OF KEY BISCAYNE
A Municipal Corporation of
the State of Florida
Miami -Dade County, a political
Subdivision of the State of Florida
be ,
f Key Biscayn
HARVEY RUVIN, CLEW By Its Board of County
By: . pMMist
s
i Cam I nt
1.. V -„aR 9 f C4
DEPUTY CLERK
Com •'ssioners
Approved by County Attorney a���
to form and legal sufficiency
G/,yj17
rlos A. Gimenez
iami-Dade County Mayor
nager
pg. 15
Figure 1 (Map)
pg. 16
Figure ' 'Map
Key Biscayne, Proposed Trolley Route (Option 4)
Pink = Proposed Route Path; Green = Potential Stop Location
Figure 2 (Schedule)
Proposed Schedule
Monday thru Friday: 6:30 a.m. to 9:00 p.m.
MAST Academy Stop -
Monday thru Friday: 7:00 a.m. to 9:00 a.m. and 2:30 p.m. thru 5:30 p.m.
Saturday and Sunday: 8:00 a.m. to 8:00 p.m.