Loading...
HomeMy Public PortalAbout15-8940 Execute the Agreement w/ South Florida Regional Transportation AuthoritySponsored by: City Manager RESOLUTION NO. 15 -8940 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE THE AGREEMENT WITH SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA) IN COMPLIANCE UNDER THE FEDERAL JOB ACCESS REVERSE COMMUTE (JARC) FUNDING GRANT FOR THE SOUTH ROUTE SERVICE, PAYABLE FROM ACCOUNT NUMBER 44- 541810, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolutions 13 -8549 and 14 -8764, the South Florida Regional Transportation Authority (SFRTA) will assist funding for the City by operating the Opa -locka South Route; and WHEREAS, the City of Opa -locka has agreed to its 25% match of $94,737.50, required to obtain funding under the Federal Job Access and Reverse Commute (JARC) funding program; and WHEREAS, the City Commission of the City of Opa -locka desires to authorize the City Manager to renew and execute the agreement with South Florida Regional Transportation Authority (SFRTA) in compliance under the Federal Job Access Reverse Commute (JARC) funding grant for the South Route service. 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. Resolution No. 15-8940 Section 2. The City Commission of the City of Opa -locka hereby authorizes and directs the City Manager to enter into and execute the renewal agreement with South Florida Regional Transportation Authority (SFRTA) in compliance under the Federal Job Access Reverse Commute (JARC) funding grant for the South Route service, payable from Account Number 44- 541810, a budgeted item, substantially in the form attached hereto as Exhibit "A ". Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11`h day o Attest to: anna Flores ity Clerk Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago: Vice -Mayor Holmes: Mayor Taylor: Approved as to form and legal sufficiency: Vincent T. Brown City Attorney COMMISSIONER KELLEY COMMISSIONER SANTIAGO 3 -0 YES RECUSED YES YES YES City of Opa -Locka Agenda Cover Memo Commission Meeting February 25, 2015 Item Type: Resolution Ordinance Other X Date: (EnterX in box) Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X X (Enter X in box) Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X (En ter Acct No.) (Enter X in box) 44- 541810 ITEM BUDGETED: YES NO Contract /P.O. Required: Yes No RFP /RFQ /Bid #: (EnterX in box) N/A X: Renewal Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational 0 Bus. & Economic Dev m Public Safety p Quality of Education D Qual. of Life & City Image Communcation Strategic Plan Obj. /Strategy: Gist the specific objective /strategy this item will address) The free bus shuttle service allows residents to travel within the City limits and connect with other modes of transportation. X Sponsor Name City Manager Department: Public Works and Utilities Short ;Title: ` 77:1 Renew and Execute Agreement with South Florida Regional Transportation Authority ( SFRTA) for the Funding of Shuttle Bus Service (South Route). Staff Summary: SFRTA wishes to assist the City by operating the Opa -locks South Route and the City has agreed to fund 25% ($94,737.50) of the route as its share of the local match required to obtain funding under the Federal Transit Administration's JOB Access and Reverse Commute (JARC) program, JARC GRANT. SFRTA Agreement Renewal 2015 Page 1 Proposed Action: Staff recommends approval Attachment(s): 1. SFRTA Agenda Memo 2. South Florida Regional Transportation Authority (SFRTA) - Agreement Renewal February 2015 3. Resolution #14 -8764 (SFRTA) 4. Resolution #14 -8758 (Limousines of South Florida, Inc.) 5. Resolution #13 -8663 (Limousines of South Florida, Inc.) : Amendment, Saturday Bus Shuttle Services) 6. Resolution #13 -8549 (SFRTA) — Amendment #1: Extend Agreement for two (2) additional years. 7. SFRTA Original Agreement Entered into January 26, 2011: Two Year Agreement with one (1) year extension option. 8. Resolution #10 -8155 Piggyback Existing Contract between City of North Miami and Limousines of South Florida, Negotiate Service Agreement for City of Opa- locka. SFRTA Agreement Renewal 2015 Page 2 Memorandum TO: Mayor Vice Mayor Commissioner Commissioner Commissioner Myra L. Taylor FROM: Kelvin L. Baker, Sr., City DATE: February 13, 2015 RE: Agreement Renewal - South Florida Regional Transportation Authority ( SFRTA), Shuttle Bus Service — South Route Request: A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE AGREEMENT WITH SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORTY ( SFRTA) IN COMPLIANCE UNDER THE FEDERAL JOB ACCESS REVERSE COMMUNITE (JARC) FUNDING GRANT FOR THE SOUTH ROUTE SERVICE, PAYABLE FROM ACCOUNT 44- 541810; A BUDGETED ITEM. Description: SFRTA wishes to assist the City by operating the Opa -locka South Route and the City has agreed to fund 25% ($94,737.50) of the route as its share of the local match required to obtain funding under the Federal Transit Administration's JOB Access and Reverse Commute (JARC) program, JARC GRANT. Account Number: 44- 541810; budgeted item. Financial Impact: ❖ 25% ($94,373.50) local match share required to obtain funding under JARC GRANT Program. Bill invoiced to City end of each monthly service period with payment due within thirty (30) days of receipt. Implementation Time Line: ❖ Agreement becomes effective upon execution by City Officials and SFRTA Representatives. Legislative History: Resolution Numbers: #10 -8155 #13 -8549 #13 -8663 #14 -8758 #14 -8764 SFRTA Agreement Renewal 2015 Page 1 Analysis: Shuttle Bus Services Agreement (South Route) ❖ Terms of agreement shall be for sixteen (16) months commencing 02.13.15 and expiring 06.30.16 (or) when JARC GRANT funds expire; whichever comes first. SFRTA will notify City as to JARC available remaining funds by 02.13.16. ❖ Service Operation: SFRTA shall operate the Opa -locka South Route based on the "Existing Service Alignment and Operating Hours ". Route may deviate up to 1/4 mile from the current alignment based on the City, provided it continues to serve the Opa -locka Tri -Rail Station and does not negatively impact the existing level of services. ❖ IF there is a cost increase due to change in contract rate charged to SFRTA by its shuttle contractor or the City agrees to add service(s); then the City will share equally in the cost increase. ❖ On 01.21.15 SFRTA advised that they will obtain a new shuttle bus contractor in December 2015, which will impact the hourly rate for the South Route. Recommendation(s): Staff recommends approval. Attachments: 1. South Florida Regional Transportation Authority (SFRTA) - Agreement Renewal February 2015. 2. Resolution #14 -8764 (SFRTA) 3. Resolution #14 -8758 (Limousines of South Florida, Inc.) 4. Resolution #13 -8663 (Limousines of South Florida, Inc.) - Amendment, Saturday Bus Shuttle Services) 5. Resolution #13 -8549 (SFRTA) —Amendment #1: Extend Agreement for two (2) additional years. 6. SFRTA Original Agreement Entered into January 26, 2011: Two Year Agreement with one (1) year extension option. 7. Resolution #10 -8155 Piggyback Existing Contract between City of North Miami and Limousines of South Florida, Negotiate Service Agreement for City of Opa- locka. Prepared by: Esin D. Abia, Director Public Works and Utilities Department End of Memorandum SFRTA Agreement Renewal 2015 Page 2 AGREEMENT Between CITY OF OPA -LOCKA And SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY For THE FUNDING OF SHUTTLE BUS SERVICE (SOUTH ROUTE) THIS AGREEMENT is made and entered into this _ day of 12015, by and between the SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, (hereinafter referred to as "SFRTA "), and the CITY OF OPA -LOCKA (hereinafter referred to as "the CITY "). RECITALS A. In 2011, SFRTA and the CITY previously entered into an Agreement (the "Original Agreement ") for the establishment of bus service to connect with the Opa -locka Tri -Rail Station (the "Opa -locka South Route "). B. The term of the Original Agreement was for (2) years with two additional one (1) year option. C. The SFRTA Governing Board previously approved the renewal of both one (1) year options, the second of which expired February 12, 2015. D. SFRTA wishes to assist the CITY by operating the Opa -locka South Route, and the CITY has agreed to fund 25% ($94,737.50) of the route as its share of the local match required to obtain funding under the Federal Transit Administration's Job Access and Reverse Commute ( "JARC') program (JARC GRANT No. FL -37- ). E. SFRTA has agreed to fund 25% ($94,737.50) of the Opa -locka South Route as its share of the local match to obtain funding under the JARC program. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SFRTA and the CITY agree as follows: ARTICLE 1- SHUTTLE BUS SERVICES 1.1 SFRTA shall operate the Opa -locka South Route based on the "Existing Service Alignment and Operating Hours" as identified on Exhibit "A" of this Agreement. The route may deviate up to 1/a mile from the current alignment based on the recommendations of the CITY provided it continues to serve the Opa -locka Tri -Rail Station and does not negatively impact the existing level of service developed by SFRTA. ARTICLE 2 — TERM OF AGREEMENT 2.1 This Agreement shall become effective upon execution by both parties. The term of this Agreement shall be for a period of sixteen (16) months commencing on February 13, 2015 and expiring June 30, 2016, or when the JARC funds expire, whichever occurs first. SFRTA shall notify the CITY as to remaining JARC funds available by February 13, 2016. ARTICLE 3 — FUNDING 3.1 Local Matching Share. The CITY shall pay SFRTA for Shuttle Bus Service in the amount of $94,737.50 as its share of the JARC program's required 25% local match. SFRTA shall contribute $94,737.50 from SFRTA funds as its share of the JARC program's required 25% local match. 3.2 SFRTA shall invoice CITY at the end of each monthly service period and CITY shall pay invoices within thirty (30) days of receipt. 3.3 Cost Increase. If the cost of the service increases due to a change in Contract Rate charged to SFRTA by its shuttle bus contractor, or because the parties agree to add service during the term of the Agreement, then the SFRTA and the CITY will share equally in the cost increase. SFRTA shall notify the CITY within thirty (30) days of a change in the Contract Rate. 3.4 SFRTA, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void and no money may be paid on such contract. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, SFRTA's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by SFRTA's Governing Board ARTICLE 4 — PROJECT COORDINATION AND RESPONSIBILITIES 4.1 The CITY's Project Manager for this Agreement shall be the for the CITY, or a designee. SFRTA's Project Manager shall be the Operations Manager for SFRTA, or a designee. 4.2 SFRTA shall report Opa -locka South Route operating data to the National Transit Database (NTD). At a minimum, the monthly reports shall contain Daily Passenger Counts, Operator Manifests, Revenue Hours, Deadhead Hours, Monthly Revenue Miles, Deadhead Miles, Vehicles Operated, Fuel Gallons Consumed, Vehicle Maintenance Costs, and Number of Days Operated. ARTICLE 5 — INSURANCE 2 5.1 Insurance shall be provided by SFRTA's shuttle bus contractor, and evidence of such insurance shall be included as Exhibit B, to this Agreement. CITY shall be named as an additional insured on the shuttle bus contractor's Commercial General Liability and Automobile insurance policies by endorsements. ARTICLE 6 - TERMINATION 6.1 If through any cause within the reasonable control of SFRTA, SFRTA shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, the CITY may thereupon give written notice to SFRTA of such default and specify what actions must be taken to cure said default to avoid termination hereunder. SFRTA shall have sixty (60) days to cure said default or such additional period authorized by the CITY. In the event that SFRTA shall not have cured said default to the satisfaction of the CITY by such deadline, then this Agreement may be terminated by the CITY upon notice of termination to SFRTA. 6.2 If through any cause within the reasonable control of the CITY, the CITY shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, SFRTA may thereupon give written notice to the CITY of such default and specify what actions must be taken to cure said default and avoid termination hereunder. The CITY shall have sixty (60) days to cure or additional period authorized by SFRTA. In the event that the CITY shall not have cured said default by such deadline, then this Agreement may be terminated by SFRTA upon notice of termination to the CITY. 6.3 Termination for Convenience. Either party may terminate this Agreement any time by giving forty -five (45) days written notice to the other of its intent to terminate for convenience. 6.4 In the event this Agreement is terminated by either party for convenience, the CITY shall reimburse the SFRTA within thirty (30) days of termination for services provided, but not invoiced for by SFRTA, plus any direct and indirect costs arising out of or related to the termination. ARTICLE 7 — CHANGES AND MODIFICATIONS 7.1 Upon the execution and delivery of this Agreement, it is understood and agreed that any and all previous agreements and understandings, both written and oral, between the parties are cancelled and have been superseded by this Agreement and that this Agreement embodies and sets forth all understandings between the parties. 7.2 Modifications to this Agreement must be made in the form of a written amendment signed by the CITY and SFRTA. ARTICLE 8 - NOTICES 3 Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, facsimile transmission, express delivery service or hand delivery, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date under each signature: SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, signing by and through its Chairperson, duly authorized to execute same, and CITY OF OPA- LOCKA, signing by and through its Mayor, authorized to execute same by Commission action on the day of , 2015. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: By: City Attorney ATTEST: CITY OF OPA -LOCKA Date: By: _ Name: Title: Mayor SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY Date: Bv: Jack L. Stephens, Executive Director Bruno Barreiro, Chair (Affirm Corporate Seal) Approved as to Form and Legal Sufficiency: By: Teresa J. Moore, General Counsel (Seal) Approved by City Commission on _, 20 , Item # 5 EXHIBIT "A" Existing Service Alignment and Operating Hours . Sponsored by: City Manager RESOLUTION NO. 14-8764 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO RENEW, AMEND AND CONTINUE AGREEMENT WITH SFRTA IN COMPLIANCE UNDER THE FEDERAL JOB ACCESS REVERSE COMMUTE (JARC) FUNDING FOR THE SOUTH ROUTE SERVICE, PAYABLE FROM ACCOUNT NUMBER 44- 541810; A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolutions 10 -8019 and Resolution 13 -8549, the City executed and renewed the Interlocal Agreement (Amendment 1) with South Florida Regional Transit Authority ("SFRTA'j; and WHEREAS, a minimum match of 501% of the total project cost is required for Operating funding, which will come from the City's share of Miami -Dade People's Transportation Plan ("PT?) funds, payable from account 47- 541810. WHEREAS the City Commission of the City of Opa locks desires to renew the contract agreement, allowing the City to continue the south route service. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA: Section 1. The recitals to the preamble herein are incorporated by reference. Sao 2. The City Commission ofthe City of Opa locks hereby authorizes and directs the City Manager to execute and amend and continue agreement with SFRTA in compliance under the Federal Job Access Reverse Commute (JARC) funding, for the south route service, in Resolution No. 148764 substantially the form attached hereto as Exhibit A, payable from Account 47- 541810, a budgeted item. Bad= 3. This resolution shall take effiect immediately upon adoption. PASSED AND ADOPTED this 266 day of gam, 2014. iZ7 oil My Moved by: Seconded by. Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley. Mayor Taylor•. Approved as to form and legal sufficiency: MARKER, PA COMMISSIONER HOLMES COMMISSIONER JOHNSON 5-0 YES YES YES YES YES Sponsored by: City Manager RESOLUTION NO. 14 -8758 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE THE AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC. IN AN AMOUNT NOT TO EXCEED $46.00 PER HOUR AS PER CONTRACT DATED JANUARY 26, 2011, ENSURING CONTINUITY OF THE SHUTTLE BUS SERVICES, PAYABLE FROM ACCOUNT NUMBER 44- 541810, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 10 -8155, Resolution 13 -8549 and Resolution 13 -8663, the City of Opa -locks has an existing agreement with Limousines of South Florida, Inc. ( "LSF "); and WHEREAS, the City Commission of the City of Opa -locks ( "City ") desires to renew the City's agreement with Limousines of South Florida, Inc. ( "LSF "); and WHEREAS, through grant funding from Job Access Reverse Commute ( "JARC "), the shuttles services operate on weekdays, from 6 am through 7 pm (excluding holidays), connecting residents to the Tri-Rail Station, MDT Bus Stops, Flea Market, Miami Dade College and other key areas; and WHEREAS, the current agreement with LSF allows a minimum of thirteen (13) hours of operation per day, five days a week, not to exceed $46.00 per hour, with the City matching 50% of cost as required by JARC Grant; and WHEREAS, the City Commission desires to authorize the City Manager to renew the agreement with Limousines of South Florida, Inc., for shuttle bus services. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Resolution No. 14 -8758 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa- locks, hereby authorizes the City Manager to renew and execute the agreement with Limousines of South Florida, Inc. in an amount not to exceed $46.00 per hour, as per contract dated January 26, 2011, payable from account number 44- 541810, a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of Februarv, 2014. Attest to: J anna Flores qty Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: COMMISSIONER J COMMISSIONER HOLMES Approved as to form and legal sufficiency: 5 -0 YES YES Commissioner Santiago: YES Vice -Mayor Kelley: YES Mayor Taylor: YES Sponsored by: City Manager RESOLUTION NO. 13 -8663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC., FOR SATURDAY SHUTTLE BUS SERVICES, IN AN AMOUNT NOT TO EXCEED $19,713.20, PAYABLE FROM ACCOUNT NUMBER 32- 541340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 10 -8155 and Resolution 13 -8549, the City of Opa -locka has an existing agreement with Limousines of South Florida, Inc. ( "LSF "); and WHEREAS, through grant funding from Job Access Reverse Commute ( "JARC ") the bus shuttles operate on weekdays, from 6 am through 7 pm(excluding holidays); and WHEREAS, the current agreement with LSF provides for a minimum of 13 hours per day, 5 days a week service; and WHEREAS, the City would like to amend the service to requires LSF to extend the services for Saturday, see Exhibit "A "; and WHEREAS, the Saturday Shuttle will begin on August 3, 3013, and will cost $19,713.20 annually, with a 50% match from the City as required by the JARC grant; and WHEREAS, the City Commission desires to authorize the City Manager to amend the agreement with Limousines of South Florida, Inc., for Saturday Shuttle bus services 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. Resolution No. 13 -8663 Section 2. The City Commission of the City of Opa- locks, hereby approves and authorizes the City Manager to amend the agreement with Limousines of South Florida, Inc., to include Saturday Shuttle Bus services, in an amount not to exceed $19,713.20, payable from Account Number 32- 541340. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 30th day of July, 2013. �1 A�' __ W (,MY R,V,YAYLOR MAYOR to: 1'4L'_� na Flores Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago Vice -Mayor Kelley: Mayor Taylor: as to COMMISSIONER HOLMES VICE MAYOR KELLEY 4 -0 YES NOT PRESENT YES YES YES 7 legal sufficiency: MARDER PA Sponsored by: City Manager Resolution No. 13 -8549 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND RENEW THE INTERLOCAL AGREEMENT — AMENDMENT 1 WITH SOUTH FLORIDA REGIONAL TRANSIT AUTHORITY (SFRTA) TO CONTINUE OPERATION OF THE BUS CIRCULATOR FOR AN ADDITIONAL ONE YEAR PERIOD; IN THE AMOUNT OF $94,737.50, PAYABLE FROM ACCOUNT 47- 541810; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolutions 10 -8019 and Resolution 11 -8267, the City entered into an Interlocal Agreement for Bus Circulator services; and WHEREAS the City Commission of the City of Opa -locka desires to continue the bus service connection to the Tri-Rail Station in Opa- locka; and WHEREAS, the Interlocal Agreement — Amendment 1 is to extend the contract for an additional one year period for the first of the two (1) year renewal terms; and WHEREAS, the City will match 25% of the Total Project Cost, in the amount to $94,737.20, payable from account 47- 541810. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA: 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 and directs the City Manager to execute and renew the Interlocal Agreement - Amendment I with South Florida Regional Transit Authority (SFRTA), for an additional one year period for operating Circulator Resolution No. 13 -8549 service for the City of Opa- locks, with the City matching 25% ($94,737.50) of the total project cost, payable from Account 47- 541810. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27`h day of Februarv, 2013. Attest to: Jity :anna Flores Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: (h-4 TAYLOR MAYOR Approved as to form and legal sufficiency: COMMISSIONER JOHNSON VICE MAYOR JOHNSON 5 -0 YES YES YES YES YES FIRST AMENDMENT TO FUNDING AGREEMENT Between CITY OF OPA -LOCKA And SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY For THE FUNDING OF SHUTTLE BUS SERVICE (SOUTH ROUTE) THIS FIRST AMENDMENT TO THE FUNDING AGREEMENT is made and entered into this _ day of , 2013, by and between the SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, (hereinafter referred to as the "SFRTA "), and the CITY OF OPA -LOCKA (hereinafter referred to as "the CITY "). WITNESSETH: WHEREAS, on January 26, 2011, SFRTA and the CITY entered into an agreement for purposes of defining the parties' funding obligations, responsibilities and roles regarding the establishment of bus service to connect with the Opa -Locka Tri -Rail Station; and WHEREAS, the term of the Agreement was for (2) years and the CITY had granted to SFRTA the option to renew the term of the Agreement for two (2) additional one (1) year periods; and WHEREAS, the CITY and SFRTA wish to amend the Agreement to renew it for the first of two (1) year renewal terms (the "First Renewal Term "); and WHEREAS, the CITY has agreed to fund 25% ($94,737.50) of the Total Project Cost as its share of the local match required to obtain funding under the Federal Transit Administration's Job Access and Reverse Commute ( "JARC') program program for the First Renewal Term; and WHEREAS, the parties desire that this amendment shall relate back to February 13, 2013, and that the Agreement be reinstated and continued for an additional one (1) year period without interruption nor lapse in its term or effect, in accordance with the provisions of this First Amendment; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SFRTA and the CITY agree as follows: 1. The statements set forth in the Preamble to this First Amendment are true and correct and made a part of this First Amendment. 2. That Sections 3.1 and 3.2 of the Agreement is amended to provide as follows: 3.1 Local Matching Share. The CITY shall pay SFRTA for the First Renewal Term of the Shuttle Bus Service in the amount of $94,737.50 as its share of the JARC program's required 50% local match. SFRTA shall contribute $94,737.50 from SFRTA funds as its share of the JARC program's required 50% local match for the First Renewal Term. 3.2 JARC Fund Contribution. SFRTA shall contribute JARC funds in the amount of $189,475 toward the net operating costs of providing the Shuttle Bus Service in the First Renewal Termof the Agreement. SFRTA shall invoice CITY at the end of each monthly service period for 25% of the contractor's invoice amount. CITY shall pay invoices within thirty (30) days of receipt. 4. The provisions of this First Amendment shall relate back and take effect on February 13, 2013, and the Agreement shall be continued, as amended herein, without interruption or lapse in its term or effect for an additional one (1) year period. 5. All of the provisions of the Agreement, except as amended herein, are hereby confirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date under each signature: SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, signing by and through its Chairperson, duly authorized to execute same, and CITY OF OPA- LOCKA, signing by and through its Mayor, authorized to execute same by Commission action on the day of , 2013. ATTEST: -" 1;� Ciq Clerk i Corporate Sea]) ;iency: CITY OF OPA -LOCKA Date: 3 By: -X44 Name: Title: Mayor SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (Seal) Approved by City Commission on _, 20 Item # Tracking No. 02221309 AGENDA ITEM NO. R1 SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY GOVERNING BOARD MEETING: FEBRUARY 22, 2013 AGENDA ITEM REPORT ❑ Consent ® Regular F_ IRST AMENDMENT TO FUNDING AGREEMENT WITH CITY OF OPA -LOCKA FOR COMMUNITY SHUTTLE BUS SERVICES QUESTED ACTION: MOTION TO APPROVE: First Amendment to the Funding Agreement between the South Florida Regional Transportation Authority ( SFRTA) and the City of Opa -Locka for Community Shuttle Bus Transportation Services on the Opa -Locka South Route (the "First Amendment "). SUMMARY EXPLANATION AND BACKGRO • On January 28, 2011, the SFRTA Board approved an Interlocal Agreement with City of Opa -Locka (City) for Community Shuttle Bus Services (the "Agreement'. The Agreement, which provides an option for two additional one (1) year extensions, is described in Exhibit 1. Since the approval of the Agreement, SFRTA has been awarded a Job Access Reverse Commute (JARC) grant from the Federal Transit Administration (FTA) in the amount of $378,950 for two years, which will fund 50% of the cost of the operation of a shuttle bus route in the City. Over two years, the Total Project Cost, estimated to be $757,900, will be jointly funded by the JARC grant (50 %), SFRTA (25 %) and the City (25 %). The parties wish to extend the current agreement for one (1) additional year. Under the First Amendment, the City's 25% annual contribution towards operating costs associated with the shuttle bus route or $94,737.50 will continue for one (1) additional year. Likewise, SFRTA's funding contribution (of 25 %) for the First Amendment is estimated to be $94,737.50 for one (1) additional year. (Continued Page 2) Department: Planning & Capital Development Department Director: Daniel R. Mazza, P.E. Project Manager: William L. Cross, P.E. Procurement Director: Chris Bross FISCAL IMPACT: Funding is available in SFRTA's Operating Budget EXHIBITS ATTACHED: Exhibit I — Existing Funding Agreement with City of Ona Locka for Community Shuttle Bus Services Exhibit 2 Existing Route Alignment Tracking No. 02221309 Page 2 AGENDA ITEM NO. R1 FIRST AMENDMENT TO FUNDING AGREEMENT WITH CITY OF OPA -LOCKA FOR COMMUNITY SHUTTLE BUS SERVICES SUMMARY EXPLANATION AND BACKGROUND: (CONTINUED) SFRTA will continue to provide weekday shuttle bus service along the Opa -Locka South Route, ,shown in Exhibit 2 (see attached). Over the past two years, ridership on the Opa -Locka South Route has grown significantly and has the full support of the City. The Opa -Locka South Route will continue to provide transit access to/from the Opa -Locka "rri- Rail Station and a number of local businesses and institutions, including, but not limited to; Miami -Dade College — North Campus, local elementary schools, banking centers and shopping centers. The First Amendment provides for service through and until February 22, 2014. ; -<A AGREEMENT EXHIBIT 1 Between CITY OF OPA -LOCKA And SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY For THE FUNDING OF SHUTTLE BUS SERVICE (SOUTH ROUTE) This Agreement (the "Agreement ") is being entered into this 26th day of January , 2011 , by and between the SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, (hereinafter referred to as the "SFRTA "), and the CITY OF OPA -LOCKA (hereinafter referred to as "the CITY "). WITNESSETH: WHEREAS, the CITY desires to obtain from SFRTA shuttle bus service to connect with SFRTA's Opa -Locka Tri -Rail Station; and WHEREAS, SFRTA has been awarded a Job Access Reverse Commute ( "JARC ") grant from the Federal Transit Administration ( "FTA ") for Fiscal Years 2008 and 2009 to fund 50% of the net operating cost of a shuttle bus route in the City of Opa -Locka for two years, which Total Project Cost (net operating cost for two years) is estimated to be $743,600; and WHEREAS, the CITY has agreed to fund 25% ($185,900) of the Total Project Cost as its share of the local match required to obtain funding under the JARC program; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SFRTA and the CITY agree as follows: ARTICLE 1 — SERVICES TO BE PROVIDED SFRTA shall provide weekday shuttle bus service ( "Shuttle Bus Service ") along the "South Route" as identified as alternative 3B in the CITY's Shuttle Bus Study and as shown on Exhibit A. The service shall be provided through SFRTA's existing Shuttle Bus contractor, or other contractor of SFTRA's choosing, during the term of the agreement, and shall operate 13 hours per day from 6 a.m. to 7 p.m. Monday through Friday. The contractor will use two buses to provide the service. ARTICLE 2 — TERM OF AGREEMENT This Agreement shall become effective upon execution by the parties. The term of this Agreement shall be for a period of two (2) years commencing on February 14, 2011 and terminating on February 13, 2013. The Agreement may be extended for additional one -year periods upon agreement of the parties. ARTICLE 3 — FUNDING 3.1 Local Matching Share. The CITY shall pay SFRTA for the first year of the Shuttle Bus Service in the amount of $92,950 as its share of the JARC program's required 50% local match. The CITY shall pay an additional $92,950 as its share of the JARC program's required 50% local match to SFRTA for the second year of the Shuttle Bus Service. SFRTA shall contribute $92,950 from SFRTA funds as its share of the JARC program's required 50% local match in the first year of the agreement and $92,950 as its share of the JARC program's required 50% local match in the second year of the agreement. 3.2 JARC Fund Contribution. SFRTA shall contribute JARC funds in the amount of $185,900 toward the net operating costs of providing the Shuttle Bus Service in the first year of the agreement and JARC Funds in the amount of $185,900 in the second year of the agreement for a total of $371,800 in JARC Funds. SFRTA shall invoice CITY at the end of each monthly service period for 25% of the contractor's invoice amount. CITY shall pay invoices within thirty (30) days of receipt. 3.3 The parties agree to split the cost of shuttle bus branding with each party contributing 50% of the cost subject to Section 4.2 below. ARTICLE 4 — PROJECT COORDINATION AND RESPONSIBILITIES 4.1 The CITY's Project Manager for this Agreement shall be the for the CITY, or a designee. SFRTA's Project Manager shall be the Director of Operations for SFRTA, or a designee. 4.2 The CITY and SFRTA will brand the buses with the logos of the two agencies and other designs to provide a unique appearance for the vehicles. Prior approval from the governing bodies of the CITY and SFRTA may be required for the designs. 4.3 SFRTA shall be the entity responsible for reporting and receiving credit for Shuttle Bus Service operating data to the National Transit Database ( "NTD ") for both the South Route and the North Route. The CITY shall cooperate with SFRTA in providing the required NTD data, including, but not limited to, Passenger Counts, Revenue Hours, Monthly Revenue Miles, Vehicles Operated and Number of Weekdays operated. ARTICLE 5 - TERMINATION 5.1 If through any cause within the reasonable control of SFRTA, SFRTA shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, the CITY may thereupon give written notice to SFRTA of such default and specify what actions must be taken to cure said default to avoid termination hereunder. SFRTA shall have sixty (60) days to cure said default or such additional N period authorized by the CITY. In the event that SFRTA shall not have cured said default to the satisfaction of the CITY by such deadline, then this Agreement may be terminated by the CITY upon notice of termination to SFRTA. 5.2 If through any cause within the reasonable control of the CITY, the CITY shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, SFRTA may thereupon give written notice to the CITY of such default and specify what actions must be taken to cure said default and avoid termination hereunder. The CITY shall have sixty (60) days to cure or additional period authorized by SFRTA. In the event that the CITY shall not have cured said default by such deadline, then this Agreement may be terminated by SFRTA upon notice of termination to the CITY. 5.3 Termination for Convenience. Either party may terminate this Agreement any time by giving forty -five (45) days written notice to the other of its intent to terminate for convenience. 5.4 In the event this Agreement is terminated by either party for convenience, the CITY shall reimburse the SFRTA within thirty (30) days of termination for services provided, but not invoiced for by SFRTA, plus any direct and indirect costs arising out of or related to the termination. ARTICLE 6 — CHANGES AND MODIFICATIONS 6.1 Upon the execution and delivery of this Agreement, it is understood and agreed that any and all previous agreements and understandings, both written and oral, between the parties are cancelled and have been superseded by this Agreement and that this Agreement embodies and sets forth all understandings between the parties. 6.2 Modifications to this Agreement must be made in the form of a written amendment signed by the CITY and SFRTA. ARTICLE 7 - NOTICES Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, facsimile transmission, express delivery service or hand delivery, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: 3 For CITY: City of Opa -locka Attn: City Manager 780 Fisherman St. Opa- Locka, FL 33054 with a copy to: City of Opa -locks Attn: City Attorney 780 Fisherman St. Opa- Locka, FL 33054 For SFRTA: South Florida Regional Transportation Authority Attn: Director of Operations 800 N.W. 33rd Street Pompano Beach, FL 33064 ARTICLE 8 — STATE LAW AND VENUE This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation shall be Miami -Dade County, Florida, whether in state or federal court. The parties agree that each will submit to the jurisdiction of the Florida state or federal court in any action or proceeding arising out of or related to this Agreement and agree that all claims in respect to such action or proceeding may be heard and determined in Miami - Dade County, Florida, the venue sites. ARTICLE 9 — FORCE MAJEURE 9.1 In the event the performance by SFRTA of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence, whether such occurrence be an act of God, common enemy or the result of war, labor unrest or dispute, riot, civil commotion or sovereign conduct, or any other act or event which SFRTA reasonably determines will interfere with its ability to perform, SFRTA shall be excused from performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof. 9.2 In the event the performance by the CITY of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence, whether such occurrence be an act of God, common enemy or the result of war, labor unrest or dispute, riot, civil commotion or sovereign conduct, or any other act or event which the CITY reasonably determines will interfere with its ability to perform, the CITY shall be excused from performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof. ARTICLE 10 — SUCCESSORS AND ASSIGNS Subject to other provisions hereof, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. ARTICLE 11 — JOINT PREPARATION 4 The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not be construed more severely against one of the parties than the other. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date under each signature: SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, signing by and through its Chairperson, duly authorized to execute same, and CITY OF OPA- LOCKA, signing by and through its Mayor, authorized to execute same by Commission action on the day of , 2011. ATTEST: 1 f r City Clefk Approved by City Commission on _, 2011, Item # _ 31 CITZOF PA- OC KA Date / By: Name: Title: Mayor City Manager SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY Date: Zo!, By: Chairperson (Seal) Exhibit A uj <j M E:-m -A li DO co LL- Jill Zo ga m a E3 a io —r" ,Ms, Rmm� wmwt W, a E3 a io —r" ,Ms, Rmm� wmwt W, h TASOUTH FLORIDA REGIONAL AUTTHORO�ATION g+ 800 NW 33rd Street I Pompano Beach, Florida 33064 P 954/942 -7245 1 F 954/788 -7878 1 www skta.fl.gov February 7, 2011 7 r- Ms. Judeen Johnson"`"" City of Opa- Locka, Public Works 12950 N.W. 42 Avenue Opa- Locka, FL 33054 SUBJECT: FUNDING OF SHUTTLE BUS SERVICE (SOUTH ROUTE) Dear Ms. Johnson: Enclosed please find one (1) fully executed original of the above referenced Shuttle Bus Funding Agreement. The Agreement was approved by the South Florida Regional Transportation Authority ( SFRTA) Governing Board at the January 28, 2011 meeting. The term of the Agreement will be through February 13, 2013. Mr. Chad Betts, SFRTA's Operations Project Manager -Bus, will serve as Project Manager for SFRTA during the term of this Agreement. All future communications concerning this Agreement should be addressed to Mr. Betts at: South Florida Regional Transportation Authority 800 N.W. 33rd Street Pompano Beach, FL 33064 (954) 788 -7948 bettsc @sfrta.fl.gov Thank you for your assistance. Sincerely, Robert M. Becker, CPPB Contracts Specialist Cc: Opa -Locka City Attorney GOVERNING BOARD Commissioner Steven L. Abrams I Commissioner Bruno A. Barreiro I jomes A Cummings I Marie Horenburger ' Commissioner Kristin Jacobs Felix M losarte, Esq I George Morgan, Jr. I Gus Pego, P.E. i F Martin Perry 1 EXECUTIVE DIRECTOR Joseph Giulietti Bcc: B. Barlanan w/ copy C. Betts w/ copy E. Zahn w/ copy Records File w/ copy Contract File w/ original Sponsored by: City Manager Resolution No. 10 -8155 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON AN EXISTING CONTRACT BETWEEN THE CITY OF NORTH MIAMI AND LIMOUSINES OF SOUTH FLORIDA AND TO NEGOTIATE A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF OPA -LOCKA AND LIMOUSINES OF SOUTH FLORIDA, INC. FOR COMMUNITY TRANSIT SERVICES, TO OPERATE THE CITY ORCULATOR, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND SEVEN HUNDRED FORTY-EIGHT DOLLARS ($150,748.00), PAYABLE FROM ACCOUNT NUMBER 4441541810; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFEMVE DATE. WHEREAS, the City of Opa -locka secured funding through Job Access Reverse Commute (JARC) grant and the South Florida Regional Transportation Authority (SFRTA), and additional funding which is being leveraged by Fl? dollars, to fully pay for the first two- years of operation to operate the proposed Bus Circulator, and WHEREAS, the system will be comprised of two (2) routes — North and South; WHEREAS, through an interlocal agreement with the City, the South Florida Regional Transportation Authority (SFRTA) will manage the South route; and WHEREAS, the Circulator is anticipated to be in operation by January 2011, and will provide for the same vendor to operate both routes. WHEREAS, the City desires to piggyback on an existing agreement between the City of North Miami to procure the services of Limousines of South Florida to operate the North route, at an annual fee not to exceed One Hundred Fifty Thousand Seven Hundred Forty-Eight Dollars ($150,748.00), payable from the Account No. 44- 541810. Resolution No. 13 -8663 Sectign 2. The City Commission of the City of Opa- locks, hereby approves and authorizes the City Manager to amend the agreement with Limousines of South Florida, Inc., to include Saturday Shuttle Bus services, in an amount not to exceed $19,713.20, payable from Account Number 32- 541340. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 30a' day of July, 2013. AYLOR MAYOR ;tntest to: na Flores Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: as to COMMISSIONER HOLMES VICE MAYOR KELLEY 4-0 YES NOT PRESENT YES YES YES N legal sufficiency: MARDER PA Resolution No. 10-8155 Moved by: HOLMES Seconded by: M UR Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice -Mayor Johnson: YES Mayor Taylor. YES