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HomeMy WebLinkAboutReso 98-106 RESOLUTION NO. 98-~ A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach and the County have contracted for the provision of regularly scheduled transit circulator services which can decrease the need for specialized transportation services by the County and allow residents of the City of Sunny Isles Beach to have easy access to existing transit services; and WHEREAS, the City has sponsored and is willing to provide an alternate form of supplemental public transportation and has budgeted the necessary funds to so provide and the County has agreed to provide vehicles for same in accordance with the terms and conditions of an Interlocal Agreement, attached hereto as Exhibit "A"; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Agreement. The Interlocal Agreement between Miami-Dade County and the City of Sunny Isles Beach for the provision of public transportation services, dated November 24, 1998, and attached hereto as Exhibit "A" be, and the same, is hereby approved by the City Commission. 2. Execution by City Manager. The City Manager is authorized to execute this Agreement and make whatever immaterial changes to the Agreement as may become necessary for the provision of these services. 3. Effective Date. This Resolution shall become effective upon adoption. vy- David Samson, Mayor Transportation Interlocal Res. -1- ATTEST: ~~~~'" Richar<:t Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: 5' -'0 Mayor Samson Vice Mayor Turetsky Commissioner Kauffinan Commissioner Iglesias Commissioner Morrow (yes) V (yes)~ (yes)~ (yes)-4 (yes)~ Transportation lnterlocal Res. Moved by: Second by: (no) (no)_ (no)_ (no)_ (no)_ -2- ~~~ ~I~~ DEC. 3.1998- 8: 35AM . PLANNING & SCHED NO.310 P.2 Interlocal Agreement Between Miami-Dade County and the City of Sunny Isles Beach for the Provision of Public Transportation Services This is an Interlocal Agreement, made and entered into by and between: Miami-Dade County; a political subdivision of the state of Florida, hereinafter referred to as "the County," and the City of Sunny Isles Beach, a municipal corporation of the state of Florida, hereinafter referred to as ''the City". WITNESSETH: WHEREAS, traffic congestion in the Collins Avenue corridor in northeast Miami-Dade County has been and continues to be a significant concern to the residents of Sunny Isles Beach; and WHEREAS, many of the residents of Sunny Isles Beach do not have easy_access to existing transit services due to limited mobility; and , WHEREAS, the provision of regularly scbeduled transit circulator services can help decrease tbe need for specialized transportation services by the County; and WHEREAS, the provision of regularly scheduled transit circulator service will connect with existing Miami-Dade Transit Agency (MOTA) services and help increase the use of services provided by MDT A; and WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental public transit throughout the city and has budgeted the necessary funds to so provide; NOW, THEREFORE, IN CONSIDBRA TION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and City agree as follows: DEC. 3.1998-- 8:35RM PLRNNING & SCHED NO.310 P.3 ARTICLE 1 DEFINITIONS 1.1 .'ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Contractor" shall mean any entity, public or private, providing public transit services as described in this Agreement under contract to the City. , 1.3 ~'Shuttle" shall mean fixed route or semi-fixed route public tranSportation circulator services where at least seventy (70%) percent of the route is within the City and said circulator service Js operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the Code ofMiami~Dade County. 1.4 i"The County" shall include Miami-Dade County, the Miami-Dade Transit Agency, the 'Miami~Dade Consumer Services Department, and authorized representatives thereof. 1.5 ''The City" shall mean the City of Sunny Isles Beach and authorized representatives thereof. 1.6 "FOOT" shall mean the Florida Department of Transportation and authorized representative ! thereof. 1.7 ! "MDT A" shall mean the Miami-Dade Transit Agency and authorized representatives thereof. 1.8 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. 1.9 "FI'A" 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 "PRTD" shall refer to the passenger Transportation Regulatory Division of CSD. 1.12: ''Federal Reporting Requirements" shall mean those requirements referenced in 49 CPR Section 5335(a), as may be amended from time to time, and found in the National Transit Database Reporting Manual published by the FI' A. 1.13 "Fares" for shuttle service shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by County Ordinance. DEC. 3. 1995-- 8:36AM----PLANNING & SCHED NO.310 P.4 ARTICLE 2 GENERAL REQUIREMENTS 2.1 Coml'liance with Applicable Laws and Remlations. The City and its contractors, if any, shall comply with aU 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 Sunny Isles Beach Transportation Services. The City shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MOTA and CSD. The City shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. 2.2 The Countv Regulatorv Requirements. Prior to the commencement of the Shuttle under this Agreement, the City and/or its contraCtors, if any, shall have current and valid certificates of transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of Miami-Dade County. The City and its contractors shall maintain such certificates, registrations and permits current during the period of this Agreement. In no event shall the . City or any of its contractors provide any transportation services contemplated by this Agreement until any and all County regulatory requirements are satisfied. 2.3 Vehicle Licensin2. All vehicles utilized to provide transportation services shall at all times . be properly licensed and pennitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, aU safety, mechanical, and vehicular standards mandated by MOTA and CSD. 2.4 Vehicle Standards. Vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDT A. All vehicles utilized to provide transportation services authorized by this Agreement shall at all times display a current and valid county permit and shall comply with safety, mechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. 2.5 Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDT A. 3 DEC. 3. 1999-- 8:36AM---PLANNING & SCHED NO.310 P.5 2.6 }>mof of Compliance Prior to Qneration. The City and/or its contractors, if any, shall provide the County with proof of compliance with licensure, insurance, and any other requirements mandated by the Code of Miami-Dade County, state statute, or federal law prior to commencement of the Shuttle. 2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the purchase of transportation services provided by the City for the benefit of the County. City employees, agents, and contractors providing ttransportation services shall be considered to be, at all times, solely employees, agents, and contractors of the City under its sole direction and not employees, agents, or contractors of the County. 2.8 Compliance with ADA. The City's Shuttle services shall comply with all applicable requirements of the ADA. To the extent that any tenns in this Agreement are in conflict with the ADA, the. requirements of the ADA shall control. 2.9 Compliance with Procurement Requirements. The City agrees to comply with applicable . federal and state procurement requirements. as may be amended from time to time, when . entering into contracts with third parties to fulfill the obligations under this Agreement. 2.10 County's Ri~ht to Submit Proposals and Bids. The County shall be given the opportunity to bid upon any Requests for Proposals, Requests for Qualifications. or Requests for Bids which the City shall issue regarding the provision of transportation service, and shall be considered., along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. 2.11 Dru2~free Work;place and Testin~. In accordance with the Code of Miami-Dade County, the City shall certify that it will have a drog-free workplace program. Further, the City shall require pre-employment drug testing and other periodic drug testing for all persons holding safety-sensitive positions, as defmed by USDOT, related to transit operations. Effective upon execution of the Agreement, the City shall require that its employees and contractor, if applicable, comply with all applicable requirements of the USDOT regulations for drog and alcohol testing. To the extent that any tenns in this Agreement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control. 2.12 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. 2.13 County Representative. The County shall designate individua1(s) to act as liaison to the City and notify the City thereof. The County shall promptly notify the City of any changes. 4 DEe. 3.1998- 8: 37AM- PLANNING & SCHED NO.310 P.6 2.14 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writing and shall require the signatures of the County Manager and the City Manager, or their designees, subject to authorization by their respective Boards. Notwithstanding the foregoing, amendments to this Agreement regarding alignments, schedules, and fares, as described in Section 2-150 (c) of the Miami-Dade County Code, may be approved by the County Manager and the City Manager, or their designed. ARTICLE 3 sUNNY ISLES BEACH TRANSPORTATION SERVICES 3.1 Provision of Sunny Isles Beach Shuttle Services. The City shall provide Sunny Isles Beach : Shuttle public transportation services on one or more routes within the City of Sunny Isles Beach and adjacent municipalities as contained in Exhibit "A" and schedules contained in :Exhibit "B". copies of which are attached hereto and made a part thereof. Any changes to Exhibits" An or "B" shall be consistent with Chapter 31 of the Code of Miami~Dade County and be effective only upon the written consent of the County Manager and the CitY Manager, or their designees. The City shall not provide shuttle services on additional routes without approval of the Miami~Dade County Board of County Commissioners except as described ,in Section 2-150(c) of the Code of Miami-Dade County. 3.2 Fares. The City's shall operated the Shuttle either without charging a passenger fare or charging a passenger fare in accordance with public transit fares established by the County, as may be modified from time to time pursuant to Section 2-150 of the Code of Miami-Dade. County. If the City changes a fare for the use of the Shuttle, the fare shall be pursuant to Section 2~ 150 of the Code of Miami-Dade County. The City shall accept MDT A passes, transfers or identification entitling a passenger to ride a Metrobus without paying any additional fare. The City shall notify the County of the fare it is charging. 3.3 Connection and Coordination with County Bus Routes. The Shuttle shall connect, at a minimum, with regular County Metrobus routes at points where the routes intersect, merge or diverge, as specified in Exhibit" A" . Shuttle operating schedules shall be coordinated with existing County Metrobus service to the extent possible. 3.4 Operation of Routes in Their Entirety. The City shall be responsible for ensuring that Shuttle routes are operated in their entirety with no deviation from the approved routes and schedules. 5 DEC. 3. 1995-- 8:38AM----PLANNING & SCHED NO.310 P.? 3.5 Shuttle Shown on County Bus Schedules. The County shall include the Shuttle on the County's Transit Map. Such inclusion shall commence with the regular publication of the County's Transit Map next occurring after commencement of the Shuttle operations. The County shall also provide information on the City's Shuttle through MOTA's routine and qustomary public information dissemination processes, including its transit infonnation telephone service. 3.6 !/isuance of Shuttle Schedules. The County shall make available to its Metrobus, Metrorail, and Metromover passengers maps and schedules provided by the City to MDT A. 3.7 Planning and SchedulinlI of Shuttle Routes. The County, through the MDTA Director or his designee, may assist the City staff with technical support for planning and scheduling of Shuttle services. 3.8 ;Non-Interference and Non.DistuIbance. The County and the City hereby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's public transit vehicular traffic or passengers accessing of egressing Metrobus or Shuttle in-service vehicles. 3.9 ,Use of LoRO. The City may wish to design a logo uniquely identifying its Shuttle. If they do so, such logo shall at all times be displayed on the exterior of all vehicles operating . pursuant to the Agreement. The County shall allow the display of the Shuttle logo on the County's bus stop signs at all stops common to the City and the County bus routes. 3.10 Bus Stop SilIns and Silmoosts. The City may provide, install, and maintain bus stop signs and signposts at Shuttle stops along the City's Shuttle routes. In the event that the City, its contractor, licensee, permittee, or assignee installs Shuttle sign facilities that can accommodate Metrobus bus stop infonnation, the County may elect to utilize the City's sign facility to display Metrobus bus stop information. If such election is made, MDT A shall provide to the City the materials to be displayed on the bus stop sign facility, in the size and format to be specified by the City, and the City_will remove the County's_signs and return the signs to the County. The City shall be responsible for installing the Metrobus bus stop information inion the bus stop sign facility. 3.11 A ventura Mall Facility. If service is provided to the A ventura Mall, stops at the A ventura Mall shall be at a location designated in coordination with MDT A, the Mall and other transit operators at the Mall. It is agreed that the City shall assist in the process of planning anew, permanent transit terminal facility at or near the Mall. 6 DEC. 3. 1999- 8: 39AM- PLANNING & SCHED NO.310 P.8 ARTICLE 4 RECORDS AND REPORTS l 4.1 ~eportine: Reauirements. The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall provide collected and complied infonnation to the County no less often than quarterly. The City shall annually prepare and submit audited National Transit Data Base reports as required by the USDOT and submit to the County a copy of said reports no later than ninety (90) days after the close of the County's fiscal year. 4.2 Additional Infonnation. The City shall provide additional information and the Shuttle operations as requested by the County within thirty (30) days, unless a different time period is agreed upon by the City and the County. ARTICLE 5 INSURANCE The parties hereto acknowledge that the City is a self-insured governmental entity subject to the limitations of Section 768.28, F.S. The City shall institute and maintain a flScally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation of insurance of any and all private providers operating the Sunny Isles Beach Shuttle routes. In the event that the City contracts with a private vendor for services, the City shall require contractor to meet the insurance requirements found in Exhibit "e', as a minimum. The City shall further require the private operator to include the County as a named insured and shall provide the County with a copy of the insurance policy purchased by any contractor prior to the provision of Shuttle operations. ARTICLE 6 INDEMNIFICATION 6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of 7 DEC. 3.1998- 8: 39AM- PLANNING & SCHED NO.310 P.9 defense which the County or its officers, employees, agents or instrumentalities may incur as a result of claims. demands. suits. causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the negligence of the City and/or its officers, employees, agents or instrumentalities. during the term of this Agreement. The City shall pay all claims and losses in connections therewith, and shall investigate and defend all <(laiIm. suits or actions of any kind or nature in the name of the County, where applicable. including appellate proceedings, and shall pay all costs. judgments and attorneys' fees which may issue thereon. The City expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County, its officers, employees, agents or instrumentalities or any other related third party. 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 connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings. and shall pay all costs. judgments and attorneys' fees which may issue thereon. The County expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the County shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the City from any liability or claim arising out of the negligent performance or failure of performance : of the City, its officers, employees, agents or instrumentalities or any other related third . party. This paragraph is subject to the limitations of Section 768.28, F.S. 6.3 In the event the City contracts for transportation services authorized by this Agreement, the contractor shall, in its contract with the City, be required to indemnify and hold harmless the County. and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits. causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the provision of transportation services by the contractor and/or its officers, employees, agents or independent contractors. The contractor 8 DEC. 3.199~ 8:40AM---PLANNING & SCHED NO.310 P.10 shall be required to pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contraCt between and City and the contraCtor include a provision which states that the contraCtor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the ~ontraCtor shall in no way limit the responsibility to indemnify, keep and save harmless and ~fend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance of the County, its officers, employees,' agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE 7.1 Grant Matching: Funds. Tbe City shall, at its sole option, provide granHnatching funds for state and/or federal grants for capital or operating funds to be used for the Transportation . Services. The County, upon agreement with the City, may, but shall not be required to, provide all or part of cash or other types of matches required for state and federal grants . which may be received by the City for the Shuttle, or for expansion of the Shuttle, in 2000 and future years. L1 Bus Shelters and Benches.. The City shall, at its sole option, provide, install, and maintain bus shelters, benches and other bus stop furnishing at those Shuttle stops along the city's circulator 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 Shuttle stops along the City's circulator routes, provided that any proposed bus bays or pull-outs and any proposed modifications or reconfigurations to existing bus bays or pu1l~uts shall be first reviewed and approved by the County. 7.4 City's Share of SUD9lemental Federal Funding, Beginning with the fU'St year in which the Shuttle's operating statistics are reflected in the National Transit Data Base, where those operating statistics result in new or supplemental federal funds flowing to tbe County, and where those new or supplemental funds are solely attributable to the Shuttle's properly reported operations, the County agrees to pay the City its attributable share of federal fonnula funds received from USDOT no less than sixty (60) days after funding is received from_the 9 DEC. 3.1998-- 8:41AM PLANNING & SCHED NU.31k::J r-..L.L federal government, less any direct grants received by the City from the County for the Shuttle, provided that the funds remitted to the City herein shall be used for the expansion, ~nbancement or maintenance of the Shuttle program. As used herein, the City's attributable share shall be one half of the amount equivalent to \hose supplemental urtJaDized An:a Formula Funds. as described in 49 U .S.C. section 5307, as may be amended from time to time, tIta11he County received as a direct result of Shuttle operations provided by 1he City pUtlluant to this Agreement and as inclnded in 1he National 1ransit Data Base. Said attributable share sba1I be calcu1at<d utilizing 1he following fOllllllla: Multiply the City's properly reported annualized Bus Revenue Vehicle Miles statistic that was used in the apportioned federal program for a fiscal year by the ''Unit Value for Bus Vehicle Miles for Urbanized. Areas over 1,000,000" as reported in the table of Unit Values for Formula Grant Apportionments, published annually in the Federal Register; and then multiply that amount by 0.5. NOTE: Historically, apportioned funds are allocated to the County two (2) years after Bus Revenue Vehicle Miles are reported to federal government. 7.5 ' City's Share of SuPI'lemental State Funding. In the event that the Shuttle operations , contribute to an increase in the County's_State transportation funding, beginning with the first year in which service is reflected in State's reporting system. the County agrees to pay the City its attributable share (one half of the supplemental funding), as defined in paragraph 7.4 above. of new or supplemental State Transportation Block Grant funding received by the County_from FOOT no less than sixty (60) days after funding is received from. the State less any direct grants received by 1he City from the County for the Shuttle. The State funding , formula can be found at Section 341.052(6), F.S. ARTICLE 8 8.1 Term of Agreement. This Agreement sball commence upon approval of the Board of County Commissioners and the City Council of the City of Sunny Isles Beach and the execution by the County Manager and authorized City Manager and shall remain in force for two years thereafter. This Agreement is subject to three one-year options to renew, by agreement between the County Manager and the City Manager. TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.2 Rene2Oliation or Modification. Any substantive changes in the level of service to be provided hy 1he City as set forth herein shall only be implemented after 1he County and the City have eutered into a written agreement describing the changed services and the provisions of the County Code have been exercized. 10 DEC. 8.1998 10:S9AM PLANNING & SCHED NO. 422 P.2 8.3 Title VI and vn 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 Tennination for Cause. This agreement may be tenninated for cause by either party upon no less than thirty (30) days written notice to the other party, except when Shuttle operations are in violation of health andlor safety-related provisions of state statutes or the Code of Miami-Dade County, in which case tennination shall be as detennined by the County Manager. Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for tennination within the notice period, in which case the terminating party may. cancel the termination notice using the same means by which the notice of termination delivered. 8.5 Tennination 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 111 N.W. 1st Street Suite 910 Miami, FL 33128 Attention: Director, Miami-Dade Transit Agency Fax: (305) 375-4605 FOR CITY OF SUNNY ISLES BEACH: City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, FL 33160 Attention: James Di Pietro, City Manager Fax 305-949-3113 11 DEC. 3.1998- 8: 42AM-- PLANNING & SCHED NO.310 P.13 8.7 Name ofPaveel The name of the official payee to whom the County shall issue checks shall be the City of Sunny Isles Beach. 8.8 Complete and Bindinlz Agreemen4 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 GoveminlZ Law. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: ATTEST: FOR THE COUNTY: Miami-Dade County, A political subdivision of the State of Florida Harvey Ruvin. Clerk By its Board of County Commissioners By: Deputy Clerk By: County Manager Date Executed: Approved as to Form and Legal Sufficiency By: Assistant County Attorney 12 -DEC. 3. 1995-- 8:43AM----PLANNING & SCHED NO.310 A'ITEST: FOR THECrry: City of Sunny Isles Beach, a political subdivision of the State of Florida By: City Clerk By: City Manager Date Executed: 13 P.14 DEC. 3.1998 8:43AM ~ h r bl t &(pktp ;t PLANNING & SCHED If b ~ ;ff~ ~ NO.310 P.15 BEA'-H CllY of SlJtJt.JV .:ISLE'S NOR-TH LODP ,qg'JO . 6/tt.s . . H.JNrt . ~t",," 700 . st lit!. ~ ~ ~ ~ > ~ '2 ~ ~ /Sq St. IS~ ;er. ., PlJb},x tf t Ill( ,. li~St. AvenfutA ~. PU\ZA )0 .J SlJt\ny I$j~$ atvd. CITY of- -.sUNJJY .ISl.-~S BE~H SOUTH LOOP -,00 . S'd~. 'ia St. )> Jirl'urt R:\t~ Y' .CO .... 31 tW ':i: ~~. DEC. 2.1998 4:34PM ~LHNN1N~ & ~~H~U Av~ntvm MAn '700 . 8Id~. c,.ry of 51J/VNV .ISLES BEA'-H NOf'J.TH I-DDP 10 MALl- ~ 19J1 Sf. Sfr8i :J i - c;; ,qa St. t ~ ..... i ~ 1'I~qO . e/~' Le~",At'l Cswy. ::. ~ IB51ir. , /82. St. ~ '" .CO ~t d I'iV. .::l1O:> r- .4 1't.[~. C:. 1 ':!'::!tJ <j'.;:l;;>t""'I'[ Jl n_HI''I"1J.I'I~ C>< =><.-nr..;;J1V1V 1 ~-.)~....,1 1w'c;;.r-p...."v.CJI<.J" \..0 I VI -- SOUTH LOOP 10 WfAU- A'e~1u~ MAti ~ ~ - ,." Le.hJ'M~ Cs w . -'700 . S,dti. WIN .srO N OLrJfRS i ~ ~ ~ .J SUl\ny .rsf~ Blvd. ~~. $'rAfTS HSS ~1 DEC. 3.1998 4:00PM PLANNING & SCHED Proposed Schedule ~orth Loop South Loop North Loop to Mall South Loop to Mall City of Sunny Isles Beach Frequency: 60 minutes Days: Monday and Thursday Hours: 10:00 a.m. to 4:00 p.m. Frequency: 60 minutes Days: Tuesday and Friday Hours: 10:00 a.m. to 4:00 p.m. Frequency: 60 minutes Days: Wednesday Hours: 10:00 a.In. to 4:00 p.m. Frequency: 60 minutes Days: Wednesday Hours: 10:00 a.m. to 4:00 p.m. NO. 352 P.2 --DEC. 3.1998 8:43AM PLANNING & SCHED NO.310 P.16 Exhibit "C" Page 1 of 3 Minimum County Insurance Requirements If the s~rvice under this Interlocal Agreement is operated py a contractor, the Contractor shall furnish to the Director, Miami-Dade Transit Agency, 111 N.W. 1st Street, Suite 910, Miami, Florida 33128, a Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: a. ~orker '..s Cornoensation insurance for all employees of the Contractor as required by Florida Statute 440. b. ~4blic Li~~lity In~u~ance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for Bodily Injury and Property Damage. Dade County must be shown as an additional insured with respect to this coverage. c. Automobil~ Liapilitv Insurance covering all owned, non-owned and hired vehicles used in connection with the Services, in an amount not less than $500,000 combined single limit per occurrence for Bodily Injury and property Damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: '--DEC. 3.1998 8:44AM PLANNING & SCHED NO.310 P.l? Exhibit "C" page 2 of 3 The Company must be rated no less than "B" as to management and no less than "Class V" as to financial strength by the latest edition of Best'S Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County's Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will show that no modification or change in insurance shall be made without thirty (30) days advance notice to the certificate holder. Compliance with the foregoing requirements shall not relieve the Contractor of any oth~r of his liability and obligations. Compliance is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commission approval of the Interlocal Agreement. If the insurance certificate is received within the specified period, but not in the manner prescribed in this contract, the Contractor shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Contractor fails to submit the required insurance documents in the manner prescribed within twenty (20) calendar days after the Board of County commission approval, the operation of the Minibus Circulator Route shall not be operated or shall be suspended unless such time frame for submission has been extended by the County. ---DEC. 3.1998 8:44AM PLANNING & SCHED NO.310 P.18 Exhibi t 11 C II Page 3 of 3 The Contractor shall be responsible for assuring that the insurance certificates required by this Exhibit remain in force for the duration of the contractual period, including any and all option years, if applicable. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. . In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in this Contract; provided, however, that this suspended period does not exceed thirty (30) calendar days. The County may, at its sole discretion, terminate the contract for cause.