HomeMy Public PortalAbout15-8925 Approive Amendment Number One of the Interlocak Agreement W/ MDC Transit Agency for Federal Pass Through Funding Arrangement Assoc w/ARRASponsored by: City Manager
RESOLUTION NO. 15 -8925
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA- LOCKA, FLORIDA, TO APPROVE AMENDMENT
NUMBER ONE OF THE INTERLOCAL AGREEMENT WITH
THE CITY OF OPA -LOCKA AND THE MIAMI -DADE
COUNTY TRANSIT AGENCY FOR FEDERAL PASS -
THROUGH FUNDING ARRANGEMENTS ASSOCIATED
WITH THE AMERICAN RECOVERY AND REINVESTMENT
ACT (ARRA) OF 2009, REGARDING INSTALLATION OF BUS
SHELTERS; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa -locka (City) entered into an Interlocal Agreement with Miami-
Dade County Transit Department for installation of bus shelters under the American Recovery
Reinvestment Act (ARRA) of 2009; and
WHEREAS, at the request of the City of Opa- locks, Miami -Dade Transit Agency assumed
construction of the bus shelters at: 1) NW 27`h Avenue at NW 15151 Street; 2) NW 135`h St at
Alexandria Dr.; 3) Opa -locka Blvd at Caliph St.; 4) NW 135`h St at NW 3151 Ave.; 5) Perviz Ave at
Arabia Ave.; 6) NW 27`h Ave; 7) Perviz Ave at Jann Ave; 8) NW 27`h Ave at Ali -Baba; and
WHEREAS, Amendment Number One of the Interlocal Agreement seeks to amend the
agreement between Miami -Dade Transit and the City, so that the City will maintain the eight (8) bus
shelters in perpetuity and permanency; and
WHEREAS, the City Commission desire to approve Amendment Number One of the
Interlocal Agreement between Miami -Dade Transit and the City of Opa- locka, to provide that the
City will maintain the bus shelters.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
Resolution No. 15 -8925
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa- locka, hereby approves Amendment
One of the Interlocal Agreement with Miami -Dade County Transit Agency, for the City of Opa -locka
to maintain the eight (8) bus shelters, in substantially the form attached hereto as Exhibit "A ".
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 11`h day of Febru , 2015.'--"
MYRA YLOR
�_ MAYOR
Attest to: Approved as to form and legal sufficiency:
A
Jana Flores Jph Geller
Ci y Clerk MARDER, PA
Attorney
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice -Mayor Holmes:
Mayor Taylor:
COMMISSIONER KELLEY
COMMISSIONER SANTIAGO
3 -0
YES
RECUSED
YES
YES
NOT PRESENT
City of Opa -Locka
Agenda Cover Memo
Commission Meeting
February 11, 2015
Item Type:
Resolution
Ordinance
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specific objective /strategy this item will address)
Enhance Organizational p
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Sponsor Name
City Manager
Department:
Public Works and Utilities
Short Title;
Interlocal Agreement, Amendment #1 Between Miami -Dade Transit Agency and City of Opa -locka for
Federal Funding Pass - Through Arrangements with the American Recovery and Reinvestments Act (ARRA)
of 2009 Federal Transit Admnstration (FTA) for the City to install of Bus Shelters.
1�:.
Staff Summary:
On February 17, 2009, the American Recovery Reinvestment and Act (ARRA) of 2009 was signed into law
by President Obama and adopted by the City November 12, 2009 authorizing interlocal agreement with
Miami -Dade County Transit Department for Federal Pass - through funding Arrangements Associated with
the ARRA for installation of Bus Shelters in the City.
The ARRA enabled construction of the Bus Shelters in Opa- locka. At the City's Request, the County
assumed construction of bus shelters at various locations. Amendment #1, amends agreement between
parties whereas bus shelters are to be maintained by the City in perpetuity / permanency at the
locations identified.
Proposed Action;
Staff recommends approval.
Attachment(s):
1. Resolution #09 -7966, Executed by City Commission 11.12.09 and Backup Documents
2. Miami -Dade Transit County Transit Interlocal Agreement, Amendment #1
2�
Memorandum
TO: Mayor
Myra L. Tay
Vice Mayor
Timothy Hol
Commissioner
Jose L. Kc
Commissioner
Luis Santi
Commissioner
Terenc K. Y
FROM: Kelvin L. Baker, Sr., City
DATE: February 3, 2015
RE: Amendment #1, Interlocal Agreement Between Miami -Dade County Transit
Agency and the City of Opa -locka
Request: A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA
AUTHORIZING THE CITY MANAGER TO AMEND INTERLOCAL
AGREEMENT WITH MIAMI -DADE COUNTY TRANSIT AGENCY
FOR FEDERAL PASS - THROUGH FUNDING ARRANGEMENTS
ASSOCIATED WITH THE AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) OF 2009 FOR THE INSTALLATION OF
BUS SHELTERS, AMENDMENT #1.
Description:
On February 17, 2009, the American Recovery Reinvestment and Act (ARRA) of 2009
was signed into law by President Obama and adopted by the City November 12, 2009
authorizing interolocal agreement with Miami -Dade County Transit Department for
Federal Pass - through funding Arrangements Associated with the ARRA for installation
of Bus Shelters in the City.
The ARRA enabled construction of the Bus Shelters in the City of Opa- locka. At the
City's Request, the County assumed construction of bus shelters at various locations.
Amendment #1 seeks to amend agreement between parties whereas bus shelters will be
maintained by the City in perpetuity and permanency at the locations identified.
Account Number: None
Financial Impact: No Fiscal Impact
Implementation Time Line:
The agreement will become effective upon signature of all City and County Officials.
MDT, ARRA Interlocal Agreement, Amendment #1, Bus Shelters Page 1
Legislative History: Resolution #09 -7966
Analysis: The ARRA funds signed into law by President Obama on 02/17/09
allowed bus shelters to be built in the City by Miami -Dade Transit Agency
at the following locations:
1. NW 27th Avenue at NW 151'` Street (SB -FS)
2. NW 135th Street at Alexandria Drive (EB -NS)
3. Opa -locka Boulevard at Caliph Street (SB -NS)
4. NW 135th Street at NW 31" Avenue (EB -FS)
5. Perviz Avenue at Arabia Avenue (NB -NS)
6. NW 27th Avenue at Sesame Street (SB -FS)
7. Perviz Avenue at Jann Avenue (NB -NS)
8. NW 27`h Avenue at Ali- Baba/Veterans Way (NB -NS)
Per Amendment #1 the City will be responsible and take over maintenance of aforementioned
structures. City's Maintenance Plan will be submitted to the County for approval.
Recommendation(s): Staff recommends approval.
Attachments
1. Resolution #09 -7966, Executed by City Commission 11.12.09 and Backup Documents
2. Miami -Dade Transit County Transit Interlocal Agreement, Amendment #1
Prepared by: Esin D. Abia, Director 20.7�
Public Works and Utilities
End of Memorandum
MDT, ARRA Interlocal Agreement, Amendment #1, Bus Shelters Page 2
Amendment Number One
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 Administration
(FTA) Section 5307 for the City to Install Bus Shelters
This AMENDMENT NUMBER One, entered into this __day of
20_, by and between CITY OF OPA -LOCKA a municipal
corporation of the State of Florida, hereinafter called the `CITY', and Nliami -Dade
County, a political subdivision of the State of Florida, acting by and th -ough Miami -
Dade Transit (MDT), hereinafter called the 'County'.
RECITALS:
WHEREAS, the CITY, and the COUNTY entered into an Interlocal Agreement
for Federal Funding with the American Recovery and Reinvestment Act (ARRA) of
2009 Federal Transit (FTA 5307) for the City to Install Bus Shelters on December 9,
2009; hereinafter called the 'Interlocal Agreement; and
WHEREAS, the parties wish to amend the lnterlocal Agreement; and
WHEREAS, at the CITY's request, the COUNTY has assumed the
construction of the Shelters at locations indicated in the attached Exhibit 'A' which by
reference hereto shall become a part hereof and in accordance with COUNTY
CONTRACT NO. CICC7360 -Plan RPQ #217022; and
WHEREAS, the CITY, by Resolution No. 09 -7966, dated November 12, 2009,
attached hereto as Exhibit '13% which by reference hereto shall become a part hereof,
desires to amend the Interlocal Agreement and authorizes its officers to do so,
NOW, THEREFORE, the Interlocal Agreement is hereby amended as
follows:
1. GENERAL
a. Unless otherwise specified herein, the terms used in this AGREEMENT,
shall be defined as provided in the "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 Administration (FTA
5307) for the City to Install Bus Shelters," between the parties which
enabled the ARRA funding of the construction of the Bus Shelters which
are to be maintained by CITY hereunder.
Amendment Number One to the Interlocal Agreement Between Miami -Dade Transit and the City of Opa -Locka
Page 1 of 8
b. Assi nq ment
The CITY and the COUNTY agree that, by executing this
AGREEMENT, all maintenance responsibilities, pertaining to the
Shelters at the locations indicated in Exhibit "A ", will be assigned to
the CITY in perpetuity.
CITY shall prepare a Maintenance Plan and submit such Plan to the
COUNTY, for approval.
C. County's Representative
The Miami -Dade County Transit Director or his or her designee shall
be the County's representative under this AGREEMENT with
authority to exercise all duties and rights of the County hE .,rein.
2. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall be solely responsible for the maintenance and preservation of
the BUS SHELTERS within the PROJECT LIMITS; and shall:
a. Mow, cut and/or trim and edge the grass or turf in accordance with the
latest edition of the State of Florida "Guide for Roadside Mowing ", as
modified or amended from time to time and the latest edition of the
"Maintenance Rating Program ", as modified or amended from time to
time.
b. Inspect BUS SHELTER lighting bi- monthly and repair as required.
C. Empty adjacent Trash Containers daily and properly dispose of litter
from adjacent roadway and swale.
d. Wash and clean both BUS SHELTERS, and BUS SHELTER platforms
bi- annually.
e. Properly remove and dispose of all undesirable vegetation including but
not limited to weeding of plant beds and removal of invasive exotic plant
materials.
f. Maintain and make repair to concrete /asphalt surface to prevent safety
hazards for those using or intending to use the BUS SHELTERS.
Amendment Number One to the Interlocal Agreement Between Miami -Dade Transit and the City of Opa -Locka
Page 2 of 8
g. Inspect for graffiti and immediately remove when disc(rdered.
h. Inspect, repair and paint periodically BUS SHELTER;.
The CITY shall prepare a Maintenance Report for each inspection performed
and forward a copy of the final Report to the COUNTY. The Report will
include, but not be limited to, identifying the deficiencies fotmd, the proposed
corrective action, and a timeline to correct the deficiency.
The CITY shall not dispose of the BUS SHELTER(s) or an.y portion thereof
without prior written approval from the COUNTY.
The CITY agrees that this AGREEMENT is solely for the maintenance of the
subject BUS SHELTERS, and no other or incidental uses are contemplated or
authorized.
The CITY may be subject to periodic inspections by the COUNTY at County's
sole discretion. Such inspection findings will be shared with thle CITY and
shall be the basis of all decisions regarding agreement termination or
modification.
3. MAINTENANCE DEFICIENCIES
If, at any time while the terms of this AGREEMENT are in effect, it shall come
to the attention of the COUNTY that the CITY's responsibility as established
herein or a part thereof is not being properly accomplished pursuant to the
terms of this AGREEMENT, the COUNTY may, at its option, issue a written
notice, in care of the CITY MANAGER, to place the CITY on notice regarding
its maintenance deficiencies. Thereafter, the CITY shall have a period of thirty
(30) calendar days within which to correct the cited deficiency or deficiencies.
If said deficiencies are not corrected within this time period, the COUNTY may,
at its option, proceed as follows:
a. Maintain the BUS SHELTERS or a part thereof, with COUNTY or
contractor's personnel and invoice the CITY for expenses incurred; or
b. Terminate the Agreement in accordance with Section 5 of this Agreement
and remove, by COUNTY or contractor's personnel, all of the
improvements, installed under this Agreement or any preceding
agreements and charge the CITY the reasonable cost of such removal.
Amendment Number One to the hntedocal Agreement Between Miami -bade Transit and the City of Opa -Locke
Page 3 of 8
Not withstanding any provision to the contrary if in the determ'nation of the
MDT Director or his or her designee the condition of the BUS SI-',ELTER poses
a safety risk, MDT shall have the right, but not the obligation, to immediately
repair and /or remove the shelter and bill the CITY for said exps:nses.
4. NOTICES
All notices, requests, demands, consents, approvals, and other
communication which are required to be served or given hereunder, shall be in
writing and shall be sent by registered mail or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To the CITY: City of Opa -Locks
Attn: City Manager
3400 NW 135 Street
Building B
Opa- Locka, Florida 33054
To the COUNTY: Miami -Dade County, Transit Department
Attn: Director or designee
701 NW 1St Court, 17t' Floor
Miami, Florida 33136
5. TERMINATION
This AGREEMENT is subject to termination under any one of the following
conditions:
a. By the COUNTY, if the CITY fails to perform its duties under Section 2,
following thirty (30) days written notice.
b. In accordance with section 287.058 (1) (c), Florida Statues, the
COUNTY shall reserve the right to unilaterally cancel this AGREEMENT
if the CITY refuses to allow public access to any or all documents,
Amendment Number One to the Interlocal Agreement Between Minmi -Dade Transit and the City of Opa -Locka
Page 4 of 8
papers, letters, or other materials made or received by the CITY
pertinent to this AGREEMENT which are subject to Provisions of
Chapter 119, or the Florida Statutes.
C. Only if mutually agreed to by both parties with a six (6) month written
notice.
6. TERMS
a. The terms of this AGREEMENT shall only commence upon execution
by all parties. This AGREEMENT shall continue in perpetuity or until
termination as set forth in Section 5.
b. This writing embodies the entire AGREEMENT and understanding
between the parties hereto and there are no other agreements and
understanding, oral or written, with reference to the Ewbject matter
hereof that are not merged herein and superseded hereby.
G. The MDT Director or his or her designee shall in his or her sole
discretion decide all questions, difficulties and disputes of any nature
whatsoever that may arise under or by reason of this AGREEMENT,
the prosecution or fulfillment of the service hereunder and the
character, quality, amount and value thereof; and his or her decision
upon all claims, questions and disputes shall be final and conclusive
upon parties hereto.
d. This AGREEMENT is nontransferable and non - assignable in whole or
in part without the prior written consent of the COUNTY.
e. This AGREEMENT, regardless of where executed, shall be governed
by and constructed in accordance with the laws of the State of Florida.
Amendment Number One to the Interlocal Agreement Behyeen Mimni -Dade Transit and the City of Opa -Loch
Page 5 of 8
IN WITNESS WHEREOF, the parties have caused these presents to be executed by
day and year first above written,
MIAMI -DADE COUNTY:
BY:
COUNTY Mayor or Designee
ATTEST:
COUNTY Clerk
(SEAL)
CITY OF Opa -Locka
BY:
CITY Manager oi- Designee
ATTEST:
CITY Clerk
LEGAL REVIEW
APPROVED as to form and legal sufficiency: BY:
APPROVED as to form and legal sufficiency: BY:
COUNTY Attorney
CITY Attorney
Amendment Number One to the Interlocal Agreement Between Miami -Dade Transit and the City of Opa -Locka
Page 6 of 8
EXHIBIT `A'
PROJECT LIMITS
Below are the BUS SWELTER locations to be maintained urnder this
Amendment.
Road:
• NW 27 Avenue at NW 151St (SB — FS)
• NW 135 Street at Alexandria Drive (EB — NS)
• Opa -Locka Blvd at Caliph Street (SB — NS)
• NW 135 Street at NW 31 Avenue (EB — FS)
• Perviz Avenue at Arabia Avenue (NB -- NS)
• NW 27 Avenue at Sesame Street (SB — FS)
• Pervis Avenue at Jann Avenue (SB — NS)
• NW 27 Avenue at Ali Baba Avenue (NB — NS)
Agreements Limits: Limited to the addresses indicated above
County: Miami -Dade
Amendment Number 0ne to the laterlocal Agreement Between Miami -Dade Transit and the City of Opa -Locka
Page 7 of 8
EXHIBIT `B'
CITY RESOLUTION
Amendment Number One to the InterIocal Agreement Between Miami -Dade Transit and the City of Opa -Locka
Page 8 of 8
Sponsored by: City Manager
RESOLUTION NO. 09 -7966
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. 09 -7966
attached hereto as Exhibit "A."
.Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12 day of NOVEMBER , 2009.
Attest:
C.
ebo ah S. by
City Clerk -
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Tydus:
Vice -Mayor Taylor:
Mayor Kelley:
Approved as to form and legal sufficiency:
Burnadette Norrs7deeks, Esq.
City Attorney
HOLMES
TAYLOR
4 -0
YES
YES
NOT PRESENT
YES
YES
Interlocal Agreement Between
Miami -Dade Transit Agency and the City of Opa -Locke
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 ".
W ITNESSETH:
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 REGUIREMENTS
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 Drug -free Workplace and Testing. In accordance with the Code of Miami -Dade County,
the City shall certify that it will have a drug -free workplace program. Further, the City shall
require pre - employment drug testing and other periodic drug testing for all persons
holding safety- sensitive positions, as defined by USDOT, related to transit 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:
County Clerk
Miami -Dade County,
A political subdivision of the State of Florida
By its Board of County Commissioners
By: By:
Deputy Clerk County Mayor
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
ATTEST:
By:
City Clerk
Approved as to Form and Legal Sufficiency
By:
City Attorney
Date Executed:
FOR THE CITY:
City of Opa -Locka
A political subdivision of the State of
Florida
By:
City Manager
Date Executed:
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:
Board of County Commissioners
Miami -Dade County, Florida
Deputy Clerk