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2T HE CI TY OF PLEASANT LI V ING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: FROM : DATE: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager December 6, 2016 Agenda Item No.: d-- SUBJECT: A Resolution authorizing the City Manager to enter into an Interlocal Agreement between the City of South Miami and Miami Dade County for the operation of a Circulator System in South Miami. BACKGROUND: The South Miami Trolley circulator will serve the community by providing connectivity for South Miami residents and visitors. Apart from a reduction in congestion and dependence on motor vehicle use, the Circulator System will support transit, pedestrian, and bicycle use. The Circulator will reduce congestion and dependence on motor vehicle use, support transit, pedestrian, and bicycle use, and better serve the community. The Circulator will connect with regular County Metro routes, sharing many of the same stops as used by Miami Dade Transit. The Circulator will provide connectivity between the South Miami Downtown area, City Hall, Larkin Hospital, the Post Office on SW 59 th Place and by Murray Park Aquatic Center and the Gibson Bethel Community Center. A route is proposed, depicted in the map attached. We are ultimately proposing to have two passenger vehicles operating concurrently running in opposite directions thru the attached route . We anticipate purchasing the wheelchair accessible units for the City to operate. AMOUNT: Not Applicable ACCOUNT: Not Applicable ATTACHMENTS: Resolution Interlocal Agreement between Miami-Dade County and the City of South Miami for the Provision of Public Transportation Services for the Operation of the South Miami Trolley Circulator Route Map 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 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to enter into an Interlocal Agreement between the City of South Miami and Miami Dade County for the operation of a Circulator System in South Miami. WHEREAS, the Mayor and City Commission wish to establish a Circulator system in the City and in order to do so the City is required to enter into an interlocal agreement with Miami-Dade County for such services; and WHEREAS, the South Miami Circulator will provide connectivity to South Miami residents and visitors in order to reduce congestion and dependence on motor vehicle use, support transit, pedestrian, and bicycle use, and better serve the community. WHEREAS, the Mayor and City Commission wish to authorizing the City Manager enter into an Interlocal Agreement with Miami Dade County to provide for the operation of a trolley system for the City of South Miami. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to enter into the attached interlocal agreement with Miami Dade County for the operation of the South Miami Circulator. 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. PASSED AND ADOPTED this ___ day of _____ -', 2016. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Welsh Commissioner Edmond Commissioner Liebman Commissioner Harris MIAM.-................. Interlocal Agreement Between Miami-Dade County and the City of South Miami For the Provision of Public Transportation Services For the Operation of the South Miami Trolley 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 South Miami, a municipal corporation of the State of Florida, hereinafter referred to as "the City". WITNESSETH: WHEREAS, residents of City of South Miami wish to enhance their transit mobility, and the operation of a municipal Trolley provides the opportunity of transit to match the travel needs of the South Miami residents; and .. WHEREAS, the provision of regularly scheduled transit Trolley services can help decrease the need for specialized transportation services by the County; and WHEREAS, the provision of regularly scheduled transit Trolley service will connect with existing Miami-Dade Department of Transportation and Public Works (DTPW) services and help increase the use of services provided by DTPW; and WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental public transit throughout the City and has secured and obligated the necessary funds to provide; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and the City agree as follows: pg.l 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 Trolley services as described in this Agreement under contract to the City. 1.3 "Trolley" shall mean fixed route or semi-fixed route public transportation Trolley services where at least seventy (70%) percent of the route is within the City and said Trolley service is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the code of Miami-Dade County. 1.4 "The County" shall include Miami-Dade County, the Miami-Dade Department of Transportation and Public Works 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 "FOOT" shall mean the Florida Department of Transportation and authorized. 1.7 "DTPW' shall mean the Miami-Dade Department of Transportation and Public Works and authorized representatives thereof. 1.8 "US DOT" 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 1.11 "PTRD" shall refer to the Passenger Transportation Regulatory division of CSD. 1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR Section 5335(a), as may be amended from time to time, and found in the National Transit Database Reporting Manual published by the FTA. 1.13 "Fares" for the Trolley service shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by County Ordinance. 1 .14 "STS", Special Transportation Service, is the component of the conventional transit system designed to provide comparable Trolley service to disabled individuals as mandated in the ADA. pg.2 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 City of South Miami Trolley Services. The City shall be responsible for requiring 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 DTPW and CSD. The City shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. 2.2 The County Regulatory Requirements. Prior to the commencement of the Trolley service 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 licenSing. All vehicles utilized to provide transportation services shall at all times be properly licensed and permitted 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, all safety, mechanical and vehicular standards mandated by DTPW and CSD. 2.4 Vehicle Standards. Vehicles shall comply with all of the Requirements contained in Chapter 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 DTPW. 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 DTPW. 2.6 Proof of Compliance Prior to Operation. 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 Trolley service. pg.3 2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the provision of transportation services provided by the City for the benefit of citizens of City of South Miami and of the County. City employees, agents and contractors providing transportation services shall be considered to be, at all times, solely employees, agents or 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 Trolley services shall comply with all applicable requirements of the ADA. The City and the County recognize their joint obligation to provide STS in the area served by the City's Trolley service. In fulfillment of the City's obligation, the City hereby allows the County to provide STS service at no cost to the City. To the extent that any terms in the Agreement are in conflict with 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 Right to Submit Proposals and Bids. The County shall be given the opportunity to bid upon any Requests for Proposals, Requests for Qualifications, or Requests for bids which the City shall be considered, along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. 2.11 Drug-free Workplace and Testing. In accordance with the Code of Miami-Dade County, the City shall certify that it will have dug-free workplace program. Further, the City shall require pre-employment drug testing and other periodic drug testing for all persons holding safety-sensitive positions, as defined by 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 US DOT regulations for drug and alcohol testing. To the extent that any terms in this Agreement are inconsistent with the US DOT regulation, the requirements of the US DOT 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 individual(s) to act as liaison to the City and notify the City thereof. The County shall promptly notify the City of any changes. 2.14 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writina and shall require the signatures of the County Mayor or designee and 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 Mayor or designee and the South Miami City Manager or their designees. pg.4 ARTICLE 3 CITY OF SOUTH MIAMI TRANSPORTATION SERVICES 3.1 Provision of City Trolley. The City shall provide public transportation service on one or more routes within the City of South Miami as contained in Figure 1 (map) and schedules contained in Figure 2, copies of which are attached. Changes to Figure 1 or 2 shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective only upon the written consent of the County Mayor or designee and the South Miami City Manager or designee. The following steps must be performed, during the planning phase, if the City decides to change a route (this includes adding or abolishing a route): 1) advertise a notice of public hearing in English and Spanish; and 2) conduct a minimum of one public hearing that gives the community an opportunity to voice their opinion concerning the change. The City must present proof to Miami-Dade County that the two steps previously mentioned were done before the route change is implemented. In addition, the City must notify Miami-Dade County under the following circumstances: 1) Prior to raising fares; 2) If the City decides to site or locate a vehicle storage facility, maintenance facility or operations center which requires land acquisition or the displacement of persons from their residences and businesses for which a National Environmental Policy Act (NEPA) process has not been completed (NOTE: A facility does not include bus shelters, transit stations or power substations) 3) Prior to the submission of the City's Title VI Plan, the Public Participation Plan must be reviewed and approved by Miami-Dade County Office of Civil Rights and Labor Relations for the Department of Transportation and Public Works. The plan must include an outreach plan to engage the City's pre-determine traditionally underserved community; or 4) Prior to conducting either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for new projects. If in the event the City, after the effective date of this Interlocal Agreement, should place for bid or solicitation for services described herein the City shall give Miami-Dade County the opportunity to submit a bid or proposal to provide that transportation service. 3.1.5 Miscellaneous. The City or City's Contractor shall provide adequate customer service training to its employees. Drivers, dispatchers and supervisors shall be subject to a training program inclusive of the recommended practices established by the American Public Transportation Association (APTA) in documents BTS-BO-RP-001-07 and BTS- BO-RP 0002-07 (copies have been previously been provided to the city). 3.2 Fares. The City shall operate the Trolley charging a Trolley fare in accordance with public transit fares established by the City of South Miami Commission, as may be modified from time to time. Initially no fare shall be collected until such a time as the City of South Miami Commission enacts an Ordnance with an alternative fare structure. pg.S If an alternate fare structure is enacted, the City shall accept DTPW passes, transfers, or identification entitling a passenger to ride a Trolley without paying any additional fare. Qualified passengers shall pay no fare. DTPW Easy Cards and Tickets, or identification entitling a passenger shall be accepted to enable passengers to ride the Trolley without paying an additional fare. However, in such cases the County shall reimburse the City for the fare. 3.3 Connection and Coordination with County Bus Routes. The Trolley shall connect with regular County Metro routes at points where the routes, intersect, merge or diverge. 3.4 Operation of Routes In Their Entirety. The City shall be responsible for ensuring that Trolley routes are operated in their entirety with no deviation from the approved routes and schedules unless otherwise authorized by the County. 3.5 Trolley Shown on County Bus Schedules. The County shall provide information on the City's Trolley service through DTPW's routine and customary public information dissemination processes, including its transit information telephone service, and transit website. 3.6 Issuance of Trolley Schedules. The County shall make available to its Metrobus, Metrorail and Metromover passengers map and schedules provided by the City to DTPW. 3.7 Planning and Scheduling of Trolley Routes. The County, through the DTPW Director or his designee, may assist the City staff with technical support for planning and scheduling of City Trolley services. 3.8 Use of Logo. The City may wish to design a logo uniquely identifying its Trolley service. If they do so, such logo shall at all times be displayed on the exterior of all vehicles operation pursuant to this Agreement. The County shall allow the display of the Trolley logo on the County's bus stop signs at all stops common to the City and the County bus routes does not interfere with previously placed signage, and is done in coordination with DTPW staff. The City shall be responsible for placing the logo on the pertinent signs. Figure 2 See attached brochures for route schedules 3.9 Bus Stop Signs and Signposts. The City may provide, install and maintain bus stop signs and signposts at stops along the City's Trolley routes. In the event that the City, its contractor, licensee, permittee, or assignee installs sign facilities that can accommodate Metrobus bus stop information, the County may elect to utilize the City's sign facility to display Metrobus bus stop information. If such election is made, DTPW 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 stop information inion the bus stop sign facility. 3.10 Bus Passenger Shelters and Benches. The City agrees that it will be the responsibility of the City to comply with all ADA standards regulations with regards to accessibility to and from bus passengers stops and bus shelters which the City installs. pg.6 3.11 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 Trolley stops along the City's Trolley routes, provided that any proposed bus bays or pull-outs shall be first reviewed and approved by the County or State, as appropriate. 3.12 Non-Interference and Non-Disturbance. 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 or egressing Metrobus or South Miami Trolley in-service vehicles. pg.7 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 quarterly. The City shall annually prepare 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 Information. The City shall provide additional information about the City Trolley service 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 the City is self-insured governmental entity subject to the limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation of insurance of any and all private providers operating in the City of South Miami Trolley service routes. In the event that the City contracts with a private vendor for services, the City shall require contractor to meet the insurance requirements shown in Figure 3, as 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 Trolley service operations. pg.8 Figure 3 Insurance Check List 1. Worker's Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Commercial General liability (occurrence form), limits of liability $1,000,000 per occurrence for bodily injury property damage to include premises! operations; products and completed operations; independent Contractors; broad form property damage endorsement and contractual indemnity (hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability-$ 1,000,000 each occurrence owned!non-owned! hired automobiles included. 4. Excess Liability-$ N.A. .00 per occurrence to follow the primary coverage. 5. The City must be named as an additional insured on the liability policies and it must be named as an additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: ___ Builders Risk completed value ___ Liquor liability ___ Fire legal liability ___ Protection and indemnity ___ Employee dishonesty bond _X_Other blanket fidelity bond 7. Thirty days written cancellation notice required 8. Best's guide rating B+: VI or better, latest edition. 9. The certificate must state the bid number and title. $_----- $_---- $_----- $_---- $_----- $ 10,000.00 pg.9 ARTICLE 6 INDEMNIFICATION 6.1 The City shall, to the extent permitted by law at all-time hereafter, indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands suits, causes of actions or proceedings of any kinds or nature arising out of, or relating to or resulting from the negligence of the City and/or its officers, employees, agents or instrumentalities, during the term of this Agreement. The City shall resolve 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 reasonable 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 reasonable attorney's 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. pg. 10 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 reasonable attorneys' fees and cost of defense which the County, the City or their 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 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 and City, 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 contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County and the City or their officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County and the City from any liability or claim arising out of the negligent performance of the County and the City, their officers, employees, agents or instrumentalities or any other related third party. pg.11 ARTICLE 7 FI NANCIAL ASSISTANCE 7.1 Grant Matching Funds. The City may, at its sole option, provide grant-matching 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 Trolley service, or for expansion of the Trolley service, in future years. 7.2 Bus Shelters and Benches. The City may, at its sole option, provide and install and maintain bus shelters, benches and other bus stop furnishings, at those Trolley service stops along the City's route where the City, or its contractor, feels that there is a need for such furnishings. The City shall at its own cost maintain and all sheletes, benches, and all other bus stop furnishings with the City. 7.3 In the event the County seeks federal or state funds and a condition of receipt of said funds is the provision of operating statistics for the National Transit Database, County may require City to maintain and provide the necessary data. City's Share of supplemental Federal Funding. Beginning with the first year in which the Trolley service's operating statistics are reflected in the National Transit Database, where those operating statistics result in new or supplemental funds are solely attributable to the Trolley service's properly reported operations, the County agrees to pay the City its attributable share of federal formula funds received from US DOT no less than sixty(60) days after funding is received from the federal government, less any direct grants received by the City from the County for the Trolley, provided that the funds remitted to the City herein shall be used for the expansion, enhancement or maintenance of the Trolley service program. As used herein, the City's attributable share shall be one half of the amount equivalent to those Supplemental Urbanized Area Formula Funds, as described in 49 U.S.C, Section 5307, as may be amended from time to time, that the County received as a direct result of Trolley serve operations provided by the City pursuant to this Agreement and as included in the National Transit Database. Said attributable share shall be calculated utilizing the following formula: Multiply by .5 the City's properly reported annualized Bus Revenue Vehicle Miles statistic that was used in the apportioned federal programs for a fiscal year "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. NOTE: Historically, apportioned funds are allocated to the County two (2) years after Bus Revenue Vehicle Miles are reported to federal government. pg.12 7.4 City's Share of Supplemental State Funding. In the event that the Trolley 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 7.3 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 the City from the County for the Trolley. The State funding formula can be found at Section 341.052(6), F.S. 7.5 Comparable Agreements. In the event that the County enters into an Interlocal Agreement with any other municipality for Trolley services which are comparable to the services provided herein, County may agree to amend this Agreement, if requested by the City, to provide substantially equivalent favorable terms to the City as those provided in such other County/ Municipal Interlocal Agreements. pg. 13 ARTICLE 8 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.1 Terms of Agreement. This Agreement shall commence upon approval of the board of County Commissioners and the Citv of South Miami Commission and the execution by the County Mayor or designee, City Manager or designee, and shall remain in force for five years thereafter. This Agreement is subject to two five-year automatic option to renew under the same contract terms and conditions, all parties have the right to terminate (see 8.4 and 8.5). 8.2 Renegotiation or Modification. Any substantive changes in the level of service to be provided by the City as set forth herein shall only be implemented after the County, the City have entered into a written agreement describing the changed services, and the provisions of the County Code have been exercised. 8.3 Title VI and VII Civil Rights Act of 1964. The City and its Contractors shall not discriminate against any person because of race, color, sex, religious background, ancestry or national origin in the performance of the Agreement. The City and its Contractor agree to comply with any portion of the Title VI and VII of the Civil Rights Act of 1964 applicable to the operation of this route. 8.35 Americans with Disabilities Act (ADA) Title II of 1990. The City, and its Contractors shall not discriminate against any person because of race, sex, religious background, ancestry, national origin or disability in the performance of the Agreement. The City and its contractors agree to comply with all parts of the ADA Title II applicable to the operation of this route. Furthermore, the City, prior to putting into place and operating this route, shall provide the following evidence to the County of compliance with Tittle II of the ADA as mandated by the Code of Federal Regulations Title 49 Parts 27.13 and 27.15: 1. The name and contact information of the City's ADA Coordinator. 2. Evidence of ADA notice posted in an accessible format on the City's website. 3. The ADA notice shall be comprised of the following: a. Notice of nondiscrimination on the basis of disability (see Appendix X for sample), b. ADA grievance procedure. c. An online contact form if applicable. d. Accessible contact information of the designated ADA Coordinator, including phone number and email address. 8.4 Termination for Cause. This Agreement may be terminated for cause by either party upon no less than thirty (30) days written notice to the other party, except when Trolley 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 determined by the County Mayor or designee. Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within a reasonable notice period, in pg.14 which case the termination party may cancel the termination notice using the same means by which the notice of termination was 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 any financial assistance it has received for the Trolley bus service 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: pg.15 FOR MIAMI-DADE COUNTY: Miami-Dade Department of Transportation and Public Works 701 NW 151 Court Miami, Florida 33136 Attention: Director, Miami-Dade Department of Transportation and Public Works Fax: (786) 469-5406 FOR CITY OF SOUTH MIAMI South Miami City Manager City of South Miami City Hall, First Floor South Miami, FL 33143 Ph. 305-663-6340 8.7 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. 8.8 Execution. This document shall be executed in five (5) counterparts, each of which shall be deemed an original. 8.9 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. pg.16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: 8y: ____________________ _ Approved as to fonn and legality By: ________ _ City Attorney ATTEST: HARVEY RUVIN, CLERK 8y: ____________________ _ DEPUTY CLERK Approved by County Attorney as CITY OF SOUTH MIAMI A Municipal Corporation of the State of Florida By: ____________________ ___ Steven Alexander, Manager Date City of South Miami Miami-Dade County, a political Subdivision of the State of Florida By Its Board of County Commissioners By: __________________ __ Carlos A. Gimenez Date Miami-Dade County Mayor to form and legal sufficiency ________________ _ pg.17 Figure 1 (Map) pg. 18 m Stop shared by Miami Dade Transit and South Miami Trolley m Route Specific Stop for South Miami Trolley Figure 2 (Schedule) pg.19 Aprox. Location Nearby Landmarks 5995 Sunset Dr Mack Cycle/ Across City Hall 7031 SW 62 AVE Larkin Hospital 59 Place, S/O SW 69 ST US Post Office Murray Park Aquatic Center/ Gibson SW 68 ST, E/O SW 58 PL Bethel Community Center SW 57 Ave, N/O San Remo Avenue Shops of Sunset Place 5795 Sunset Drive CVS 5995 Sunset Dr Mack Cycle Total aproximate cycle time: 20-25 minutes Total length of route: 1.5 miles Minutes Distance between (miles) Direction stops West Bound 3 0.25 North Bound 2 0.25 North Bound 3 0.25 East Bound 2 0.25 South Bound 4 0.2 West Bound 4 0.3 West Bound Changes may go into effect without a public hearing for service changes to a route of less than 25% in either the alignment of the route or in the number of service miles with the prior written concurrence of the City Manager or designee and the County Mayor or designee. All Requests for a route modification, elimination or addition of routes shall be addressed initially to the Director of the Department of Transportation and Public Works with a copy to the Chief of the Office of Civil Rights & Labor Relations. Changes to the route of 25% or more as described herein shall require a public hearing and shall require approval of the City Council and the Board the Board of County Commissioners (BCC). pg.20