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66 1 RESOLUTION NO. _____ _ 2 3 A Resolution authorizing the City Manager to terminate the Interlocal for 4 American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit 5 (FTA 5307) for the City to Install Bus Shelters. 6 7 WHEREAS, the City of South Miami has not received any ARRA money to install bus 8 shelters; and 9 WHEREAS, the City Manager does not have any desire to install bus shelters using 10 ARRA money; and 11 WHEREAS, the use of ARRA money to build bus shelters requires that the City 12 maintain the bus shelters at the City's cost, presumably in perpetuity once the shelter is built with 13 ARRA money and to comply with very burdensome documentation including but not limited to 14 the following: 15 Collect or assure the collection of all information required for Federal and State reporting 16 purposes, and deliver collected and compiled information to the County no less often than 17 monthly/quarterly as required by the County, State or FTA, quarterly Financial Status 18 Reports (FSR), Milestones, and Ridership Reports, monthly ridership performance data, 19 statistics as required by the Federal Transit Administration (FTA), National Transit 20 Database, which requirements may be amended from time to time by the FTA, deliver 21 supporting documentation to the County if requested in writing, annual audit statement 22 will be required, reporting all accidents and incidents related to the bus shelters promptly 23 to the County, along with adequate and appropriate documentation of investigation, 24 using National Safety Council definitions, within three (3) working days, initial 25 notification of accidents or incidents must be reported within 24 hours of occurrence, any 26 accident involving. major damage, serious personal injury or loss oflife shall be reported 27 to the County within I hour of occurrence, provide to the County with a copy of each 28 accident report within 72 hours of such accident, furnish the County with all accident and 29 incident data as required for the FTA National Transit Database (NTD), including the 30 Major Incident Report (within 30 days of occurrence) and the Non-Major Summary 31 Reports (monthly, before end of month following report month), create a Federal Civil 32 Rights Title VI plan, which requirements as may be modified from time to time, and 33 comply with the federal Labor Protective Agreements, which may be modified from time 34 to time. 35 36 Whereas, the Interlocal for American Recovery and Reinvestment Act (ARRA) of 2009 37 Federal Transit (FTA 5307) for the City to Install Bus Shelters allows the City to terminate the 38 agreement without cause upon no less than sixty (60) days written notice to the County and the 39 City is required to reimburse the County on a prorated basis for financial assistance it has 40 received for the year under the terms of the agreement; and Pagelof2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Whereas, the City has not received any financial assistance pursuant to the agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to terminate the bus shelter Interlocal for American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) agreement with the County that was signed by the City in 2009. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of _____ , 2015. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: RESOLUTION NO.: 181-09-12990 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING lHE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE TRANSIT AGENCY FOR FEDERAL FUNDING PASS-THROUGH ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 FEDERAL TRANSIT (FTA 5307) FOR THE INSTALLATION OF TWO (2) BUS SHELTERS IN THE AMOUNT OF $112,431.84; AND PROVIDING FO~ AN EFFECTIVE DATE. WHEREAS, the American Recovery and Reinvestment Act (ARRA) of 2009 was signed into law by President Obama, on February 17, 2009 with the purposes of stimulation the economy by creating jobs and improving public infrastructure; WHEREAS, the City of South Miami is eligible to receive pass-through funds for transit enhancements through the ARRA by way of Miami-Dade Transit; and WHEREAS, the Mayor and City Commission wish to receive pass-through funds from the ARRA by way of Miami-Dade Transit to be utilized for two (2) bus shelters on Sunset Drive; and '! WHEREAS, the Mayor and City Commission authorize the City Manager to execute an interlocal agreement with Miami-Dade Transit Agency for federal funding pass-through arrangements with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the instalJation of bus shelters in the amount of $112,431.84. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute an agreement with Miami-Dade Transit for federal funding pass-through arrangements with the American Recovery and .. Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the installation of two (2) bus shelters on Sunset Drive in the amount of $112,431.84. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 3r.d day of November ,2009. ATTEST: G 0Pc~ '~ CTYCLERK / APPROVED: ~EAD~A. . ~PROVEDAS TO FO _ M .. : COMMISSION VOTE: . Mayor Feliu: ice Mayor Beasley: ~~~~~;.,==:::::=-..!:.=----;~c.,.c;.-"",pc-~ommissioner Newman: CITY ATTORNEY Commissioner Palmer: CommisSioner Sellars: Include File Name and Path 5-0 Yea Yea Yea Yea Yea To: Via: From: Date: . Subject: Request: Request: Reason/Need: Cost: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Roger M. Carlton, Acting City Manager.g~_ Carol M. A~ts Writer/A</Jll.!.nistrator Jose Olivo, Public works Director 0 .0, 11 November 3, 2009 Agenda Itein No.: American Recovery & Reinvestment Act Transit Funding A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE TRANSIT AGENCY FOR FEDERAL FUNDING PASS-THROUGH ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 FEDERAL TRANSIT (FTA 5307) FOR THE INSTALLATION OF TWO (2) BUS SHELTERS IN THE AMOUNT OF $112,431.84; AND PROVIDING FOR AN EFFECTIVE DATE. To authorize the City Manager to execute an interlocal agreement with Miami· Dade Transit for federal funding pass-through arrangements. with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 3507) for the City to install two (2) bus shelters costing ~ total of $112,431.84 .. The American Recovery and Reinvestment Act (ARRA) of 2009 was signed into law by President Obama, on February 17th 2009 with the purpose of creating jobs and improving public infrastructure, while stimulating the economy. One of the provisions of the ARRA is for transit system improvements. Under these improvements, the City of South Miami is eligible to receive funding for transit Infrastructure through the local transit authority, which is Miami-Dade Transit. The grant funding process entailed one application by Miami-Dade Transit, which included projects from neighboring municipalities. Funding is earmarked for bus, rail, and shelter improvements. As an enhancement to the City's proposed project on the federal eligible road system, this item will allow for two (2) bus shelters along Sunset Drive. There is no match required for these funds. Project funds that are not used will be recaptured and reallocated. $112,431.841 No matching required. This is a Similar cost based on the shelters previously installed along SW 62"d Ave. Funding Source: -Miami-Dade Transit Backup Documentation: . I:l Proposed Resolution, Interlocal Agreement & Previous Resolution lnterlocal Agreement Between Miami-Dade Transit Agency and the City of South Miami For Federal Funding Pass-Through. Arrangements with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the Cityto Install Bus Shelters This is an Interlccel 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 South Miami, a municipal corporation of the state of Florida, hereinafter referred to as "the City". WITNESSETH: WHEREAS, Miami-Dade Transit, an Urbanized Area Formula Program grantee agrees to pass through Federal Transit Administration (FTA) 5307 the American Recovery and Reinvestment Act (ARRA) funding for the City of South Miami·, a designated FTA funding recipient. WHEREAS, the City will provide the citizens of the City of South Miami by purchasing and 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: , i 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 South Miami 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 FT A. 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. I ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with APplicable Laws and Regulations. The City and its contractors, if any, shall comply with all existing and future laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, whether federal, state, or local, which are applicable to, or In any. manner affect, the provision of shelter procurement and installation. The City shall be responsible for obtaining copies of the appropriate Jaws, regulations, ordinances, and documents and complying therewith. 2.2 Compliance with ADA. The City's bus shelters services shaH 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 Ciiy 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 i'n 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 w~h 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 acccirdance with federal and slate procurement requirements, as may be amended from time to time. Miami-Dade County's Department of Procurement Managementwill forward a recommendation of contract award tp '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 Qualffications, 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 tesling for all persons holding safety-sensitive pOSitions, as defined by US DOT, 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 wlth 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 ciesignate 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 City Manager of the City of South Miami, or their designees. ARTICLE 3 CITY OF SOUTH MIAMI 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 sign 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, Stale or FT A. The FT A through Miami-Dade County requires quarterly Financial Status Reports (FSR), Milestone$, 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 writihg, 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 FT A FY 2009 award of $112,431 ,84 totaling $5.621.59 for grant administration, finance, project management; and performance reporting. The net amount to the City is $ 106.8'10.25. The County shall be entitled to an administrative fee of 5% for any and all future FT A 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' Stalisticsas required by the Federal Transit Administratiol! (FTA), Natlonal Transit Database, as defined in the annual FTA National Transit Database Reporting Manual and FTA Circular 2710.2A, "Sampling Procedures for Obtaining Demand Responsive Bus System Operating Data" which may be amended from time to time by the FTA (F'ormerly known as Section 15 Reporting). Supporting documentation shall be submitted to the County if requested In writirig. Annual ,audit statement will be required and records shall he maintained for rio 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 related to the bus shelters are promptly reported to the County and subsequently that ad,equate and appr()priate 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 pers(;mal injury or loss of life shall be reported to the County within 1 hour of ocourrence .. 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 Co'unty Consumer Services Department (CSD); passenger Transportation Regulatory Division (PTRD) one (1) copy of each acoident report within 72 hours of such accident: "The City must also furnish the County all accident and incident data as required for the FT A National Iransit Database (NTD). as defined in the FTA NTD Safety and Security Reporting Manual, inoluding 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 thl;lt the City is a self-insured govenimental 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. ARTICLES 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 iFlcur 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 perfonnance 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 Of nature ailsing 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 invElstigllte 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 perfonnance 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) PTA program. 7.2 Bus Shelters and Benches. The City shall, at its sale option, provide, Install, and maintain I?us 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, ano 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 CO\Jnty 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 rnunioipality than the terms provided herein, County agrees to amend this Agreement, if req\Jested by the City, to provide substantially equivalent favorable terms to the City as those provided in such other CountylMunicipallnterlooai Agreements. 7.5 Financial Obligation. To the extent the PTA deduats; 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, withhoid, 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 South Miami and the exeoution by the County Mayor or his/her designee and authorized City Manager. 8.2 . Renegotiation or Modification. Any substantive ohanges in the level of service to be provided by the City as set forth herein shall only be implemented after the County ;;lnd the City have entered into a written agreement describing the ohanged services and the provisions of the County Code have been exercised. 8.3 Title VI and VII Civil Rights Aot 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 perfonmance of the Agreement. ! . , ! ! . 8.4 Termination for Cause. This Agreement may be terminated for cause by either P<lrty upon no less than thirty (30) days written notice to th·e 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 shalf 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 tlie termination notice using the same means by which the notice tif 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: Mi<lmi-D<lde Transit Agency 701 NW. First Court, Suite 1700 . Miami, FL 33136 Attention: Director; Miami-Dade Transit Fax: 786.469.5580 . FOR CITY OF SOUTH MIAMI: City of South Miami Attention: .AJibola Balogon, City Manager 8.7 Name of Payee. The name of the official payee to whom the County shall issue checks shall be City of South Miami. 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: Approved as to Form and Legal Sufficiency BY:~~ Assistant County Attorney ATTEST: By. ~II Qj~G~ itiClerk ~ FOR THE COUNTY: Miami-Dade County, A political subdivision of the State of Florida Date Executed: FOR THE CITY: City of South Miami A political subdivision of the State of Florida By: _~~'!:!!-:-____ . ___ _ City Manager Date Executed: _N_o...;,v_" -,~::..,'w.?l,,-=6...:::0,-CZ,--_ APprove~ afj Form and Legal ~~ncy BY:V~~ City Attorney