HomeMy Public PortalAbout09-7966 MDC Transit for Federal Pass Trough Funding Sponsored by: City Manager
RESOLUTION NO. 0 9-7 9 6 6
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH THE MIAMI-DADE COUNTY
TRANSIT DEPARTMENT FOR FEDERAL PASS-THROUGH
FUNDING ARRANGEMENTS ASSOCIATED WITH THE
AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) OF 2009 FOR THE INSTALLATION OF BUS
SHELTERS
WHEREAS, on February 17, 2009, the American Recovery and Reinvestment Act
("ARRA") was signed into law by President Obama; and
WHEREAS, the Federal Transit Administration has awarded to the City of Opa-locka
federal funding in the amount of One Hundred and Fifty-Two Thousand, Two Hundred and
Seventy-Five Dollars and Twelve Cents($152,275.12),minus 5%for County grant administration,
project management, finance and a performance reporting fee; and
WHEREAS, through the funding award,the City of Opa-locka will be able to provide bus
shelters in order to meet the needs of the Opa-locka community during periods of adverse weather
conditions while waiting for bus transportation.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into an Interlocal Agreement with the Miami-Dade County Transit Department for
federal pass-through funding arrangements associated with the American Recovery Reinvestment
Act ("ARRA") of 2009 for the installation of bus shelters in the form and under the conditions
Resolution No. 0 9—79 66
attached hereto as Exhibit"A."
.Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12 day of NOVEMBER , 2009.
P ' . KEL ► Y
MA OR
Attest: Approved as to form and legal sufficiency:
C
eboi`ah S. by Burnadette Norris-Weeks, Esq.
City Clerk City Attorney
Moved by: HOLMES
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph L.Kelley
Vice-Mayor Myra L.Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
Commissioner Tydus
FROM: Byran , nterim City Manager
DATE: October 30,2009
RE: Interlocal Agreement(ARRA)
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH MIAMI DADE TRANSIT FOR FEDERAL FUNDING PASS-THROUGH
ARRANGEMENTS WITH THE AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) OF 2009 FOR THE INSTALLATION OF BUS
SHELTERS.
Description: On February 17, 2009 the American Recovery and Reinvestment Act (ARRA) was signed
into law by President Obama. Under this law the City of Opa-locka will receive funds for the installation
of bus shelters. Miami Dade Transit Agency a department of Miami Dade County, has agreed to pass
through this federal funding for all municipalities within its jurisdiction.
Financial Impact: The FTA FY 2009 award to the City of Opa-locka is in the amount of One hundred
and Fifty Two Thousand Two Hundred and Seventy Five Dollars and Twelve Cents ($152,275.12) The
City shall pay the county a five percent (5%) fee totaling Seven Thousand Six Hundred and Thirteen
Dollars and Seventy Six Cents ($7,613.76) for grant administration, finance, project management and
performance reporting. The net amount to the City is$144,661.36.
Implementation Time Line: The agreement will come into effect upon signing of the interlocal
agreement.
Recommendation(s): Staff recommends approval.
Analysis: The City has a need for bus shelters. Under its current funding budget, the City is unable to
meet this need. The ARRA funds will allow the City to provide for additional shelters. Miami Dade
Transit will serve as the agent for administering these funds through this agreement for procurement of
the bus shelters.
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ATTACHMENT(S):
-Resolution
-Interlocal Agreement,
-Bus Shelter Proposed Locations List
-Pictures
PREPARED BY: Judeen Johnson,Projects/Utilities Engineer
END OF MEMORANDUM
2
CITY OF OPA LOCKA
BUS SHELTERS
PROPOSED LOCATIONS
ADDRESS (Approximate) ZONE NEW SHELTER
NW 151ST.
NW 151 St./25 Ct 1 &2 X
NW 22nd AVE.
NW 22nd AVE./Opa-locka Blvd 1 &2 X
NW 22nd AVE. /All Baba Ave. 1 &2 X
NW 27th AVE.
14935 NW 27th Ave. 2 &3 X
NW 27th Ave/All Baba Ave. 2 &3 X
12750 NW 27th Ave.
PERVIZ AVE.
695 N Perviz Ave 3 X
OPA LOCKA BLVD.
Opa-locka Blvd/All Baba (Metro Rail ) 2 &3 X
151 Opa-locka Blvd X
SINBAD AVE.
914 Sinbad Ave 4 X
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14935 NW 27th Ave.
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151 Opa-locka Blvd
Interlocal Agreement Between
Miami-Dade Transit Agency and the City of Opa-Locka
For Federal Funding Pass-Through Arrangements with the American Recovery
and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the City to
Install Bus Shelters
This is an Interlocal Agreement, made and entered into by and between Miami-Dade Transit, a
department of Miami-Dade County, a political subdivision of the state of Florida, hereinafter
referred to as "the County", and the City of Opa-Locka, a municipal corporation of the state of
Florida, hereinafter referred to as "the City".
WITNESSETH:
WHEREAS, Miami-Dade Transit, an Urbanized Area Formula Program grantee agrees to
pass through Federal Transit Administration (FTA) 5307 the American Recovery and
Reinvestment Act (ARRA) funding for the City of Opa-Locka, a designated FTA funding
recipient.
WHEREAS, the City will provide the citizens of the City of Opa-Locka by installing bus
shelters , directly or through a General contractor, which will meet the local needs; and
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, the County and the City agree as follows:
ARTICLE 1
DEFINITIONS
1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
1.2 The American Recovery and Reinvestment Act (ARRA).
1.3 "Contractor" shall mean any entity, public or private providing public circulator services as
described in this Agreement under contract to the City.
1.4 "The County" shall include Miami-Dade County, the Miami-Dade Transit, the Miami-Dade
Consumer Services Department, and authorized representatives thereof.
1.5 'The City" shall mean City of Opa-Locka and authorized representatives thereof.
1.6 "FDOT" shall mean the Florida Department of Transportation and authorized
representative thereof.
1.7 "MDT" shall mean the Miami-Dade Transit 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 FTA.
1.13 "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.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Applicable Laws and Regulations. The City and its contractors, if any,
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 procurement and upgrading
existing bus stop locations with sidewalk repairs and widening, signage and lighting to
enhance safety. The City shall be responsible for obtaining copies of the appropriate
laws, regulations, ordinances, and documents and complying therewith.
2.2 Compliance with ADA. The City services shall comply with all applicable requirements
of the ADA. The City and the County recognize their joint obligation to provide STS in the
area served by the City's service. In fulfillment of the City's obligation, the City hereby
contracts with the County to provide STS service for trips which have both their origin
and destination within the City bus shelters service area, as the County shall continue to
provide such trips as part of its STS service at no cost to the City. To the extent that any
terms in this Agreement are in conflict with the ADA, the requirements of the ADA shall
control.
2.3 Compliance with Federal Civil Rights Requirements. The City, shall comply with the
Federal Civil Rights requirements as attached, which may be modified from time to time
by, the Federal government herein (See Attachment A).
2.4 Compliance with the United States Department of Labor: The City, shall to the extent
applicable comply with the Labor Protective Agreements as attached, which may be
modified from time to time by, the Federal government herein (See Attachment B).
2.5 Compliance with Procurement Requirements. Miami-Dade County shall receive and
review all proposals in accordance with federal and state procurement requirements, as
may be amended from time to time. Miami-Dade County's Department of Procurement
Management will forward a recommendation of contract award to the governing body of
the applicable municipalities.
2.6 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 transportation service and shall
be considered, along with private contractors, for provision of services to be provided by
the City pursuant to this Agreement.
2.7 Druq-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 operation.
Effective upon execution of the Agreement, the City shall require that its employees or
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.
2.8 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.
2.9 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.
2.10 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 and the City Manager, or his/her 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 Manager and
the Mayor of the City of Opa-Locka, or their designees.
ARTICLE 3
CITY OF OPA-LOCKA BUS SHELTERS SERVICES
3.1 Use of Logo. FTA has logo uniquely identifying ARRA projects. Such logo shall at all
times be displayed on the exterior of the bus shelters pursuant to this Agreement. The
County shall allow the display of the 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 where space is available for such logos to be placed.
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 monthly/quarterly as required by
the County, State or FTA. The FTA through Miami-Dade County requires quarterly
Financial Status Reports (FSR), Milestones, and Ridership Reports. The City shall also
report monthly ridership performance data.
4.2 Additional Information. The City shall provide additional information about the City
installing bus shelters operations as requested by the County within thirty (30) days,
unless a different time period is agreed upon, in writing, by the City Manager and the
County Mayor or his/her designee.
4.3 Administrative Fees. The City shall pay the County a 5% fee of the FTA FY 2009 award
of $152,275.12 totaling $7,613.76 for grant administration, finance, project management,
and performance reporting. The net amount to the City is $144,661.36. The County shall
be entitled to an administrative fee of 5% for any and all future FTA 5307 grants awarded
to the City for which the County provides grant application, grant administration, finance,
project management and performance reporting services.
4.4 National Transportation Database (Section 15) Reporting. Timely Annual Reporting
Statistics as required by the Federal Transit Administration (FTA), National Transit
Database, as defined in the annual FTA National Transit Database Reporting Manual
and FTA Circular 271O.2A, "Sampling Procedures for Obtaining Demand Responsive
Bus System Operating Data" which may be amended from time to time by the FTA
(Formerly known as Section 15 Reporting). Supporting documentation shall be
submitted to the County if requested in writing. Annual audit statement will be required
and records shall be maintained for no less than five (5) years for FTA triennial review.
4.5 Accidents and Incidents. In addition to emergency and police notifications, the City shall
be responsible for ensuring that all accidents and incidents are promptly reported to the
County and subsequently that adequate and appropriate documentation of investigation,
using National Safety Council definitions, be furnished to the County within three (3)
working days. Initial notification of accidents or incidents shall be reported on a form
approved by the County within 24 hours of occurrence. Any accident involving major
damage, serious personal injury or loss of life shall be reported to the County within 1
hour of occurrence. Records shall be kept for at least three (3) years for each accident a
vehicle is involved in, including the repair work required to return the vehicle to service.
The City must also provide to the Miami-Dade County Consumer Services Department
(CSD); Passenger Transportation Regulatory Division (PTRD) one (1) copy of each
accident report within 72 hours of such accident. The City must also furnish the County
all accident and incident data as required for the FTA National Transit Database (NTD),
as defined in the FTA NTD Safety and Security Reporting Manual, including the Major
Incident Report (within 30 days of occurrence) and the Non-Major Summary Reports
(monthly, before end of month following report month).
ARTICLE 5
INSURANCE
The parties hereto acknowledge that the City is 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 provision of Section 768.28, F.S.
ARTICLE 6
IDEMNIFICATION
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, 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 kinds
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 shall pay all costs, judgments and
reasonable attorneys' fees which may issue thereon. 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 City, 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 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 connection 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
reasonable attorneys fees which may issue thereon. 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. This paragraph is subject to the limitations of Section
768.28, F.S.
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 Grant Matching Funds. There are no matching funds required for this American
Recovery and Reinvestment Act (ARRA) FTA program.
7.2 Bus Shelters and Benches. The City shall, at its sale option, provide, install, and
maintain bus passenger shelters, benches and other bus stop furnishings, at bus stops
along the City's bus shelters service routes where the City, or its contractor, feels that
there is a need for such furnishings.
7.3 Bus Stops and Bus Bays or Pull-outs. The City shall, at its sole option, provide, install,
and maintain bus stop sites, including bus bays or pull-outs at stops along the City's bus
shelters service 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 or State, as appropriate.
7.4 Comparable Agreements. In the event that the County enters into an Interlocal Agreement
with any other municipality for bus services, which are comparable to the services
provided herein, but upon more favorable terms for the municipality than the terms
provided herein, County agrees to amend this Agreement, if requested by the City, to
provide substantially equivalent favorable terms to the City as those provided in such
other County/Municipal Interlocal Agreements.
7.5 Financial Obligation. To the extent FTA deducts, withholds, or deobligates from this or any
other Federal grant as a result of any act or omission on the part of the Municipality, Miami
Dade County shall be entitled to deduct, withhold, or invoice the Municipality from this or
any other agreement between the parties in the same amount as has been deducted,
withheld or deobligated from Miami Dade County.
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 Council of City of Opa-Locka and the execution by the
County Mayor or his/her designee and authorized City Manager.
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 and the
provisions of the County Code have been exercised.
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 the Agreement.
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 bus
shelters 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 as
determined by the County Mayor. 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 a reasonable notice period, in
which case the terminating party may cancel the termination notice using the same
means by which the notice of termination delivered.
8.5 Termination without Cause. The County or the City may terminate this Agreement
without cause upon no less than sixty (60) 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.
8.6 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:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit Agency
701 N.W. First Court, Suite 1700
Miami, FL 33136
Attention: Director, Miami-Dade Transit
Fax: 786.469.5580
FOR CITY OF OPA-LOCKA:
City of Opa-Locka
Attention:
8.7 Name of Payee. The name of the official payee to whom the County shall issue checks
shall be City of Opa-Locka.
8.8 Complete and Binding 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.
8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall
be deemed an original.
8.10 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
County Clerk
By its Board of County Commissioners
By: By:
Deputy Clerk County Mayor
Date Executed:
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
ATTEST: FOR THE CITY:
City of Opa-Locka
A political subdivision of the State of
Florida
By: By:
City Clerk City Manager
Date Executed:
Approved as to Form and Legal Sufficiency
By:
City Attorney
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami-Dade
County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said county, DO
HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No.
R- , adopted by the said Board of County Commissioners at its meeting held on
as appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 29th day
of October, A.D., 2008.
HARVEY RUVIN, Clerk
Board of County Commissioners
Miami-Dade County, Florida
By:
Deputy Clerk
Board of County Commissioners
Miami-Dade County, Florida