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RESOLUTION 92-20685 I RESOLUTION NUMBER 92-20685 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF MIAMI BEACH TO FORMALIZE THE AWARD AND USE OF $39,501.47 FOR TRANSPORTATION PLANNING PURPOSES. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the City of Miami Beach is desirous of greater participation in County-wide transportation funding programs including the programs of the Metropolitan Planning Organization; and WHEREAS, the City of Miami Beach is in need of transportation improvements; and WHEREAS, the Metropolitan Planning Organization has awarded the City of Miami Beach $39 , 501 . 47 in transportation planning funds to help accomplish the above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: The City Commission of the City of Miami Beach hereby authorizes the Mayor to sign a Memorandum of Agreement between the Metropolitan Planning Organization and the City of Miami Beach to formalize the award and use of $39, 501. 47 for transportation planning purposes. PASSED AND ADOPTED this 16th day %f December -, 1992 . fri I/ Aft .4 MA AOR ATTEST: CITY CLERK FORM APPROVED LEGAL DEPT. By v-.7`9 1‘ Dat CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. '753-9z TO: Mayor Seymour Gelber and DATE: December 16, 1992 Members of the City Commission FROM: Roger M. Canto , i City Manager � L t t.-- SUBJECT: RESOLUTION AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF MIAMI BEACH TO FORMALIZE THE AWARD AND USE OF $39,501.47 FOR TRANSPORTATION PLANNING PURPOSES. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission authorize the Mayor to sign the attached Memorandum of Agreement between the Metropolitan Planning Organization and City of Miami Beach. BACKGROUND: The City of Miami Beach has, in the past, not fully participated in regional transportation planning activities, causing the City it to potentially lose funding to improve the transportation network. Because most of our major roadways are state or county roads, and because transit usage is the most intense in Dade County, Miami Beach stands to gain considerably by participating in the Metropolitan Planning Organization process. All major federal and state dollars for transportation projects are allocated through this agency in the five year work program process. ANALYSIS: The City of Miami Beach has now taken a more proactive position. Commissioner Susan Gottlieb has been nominated for inclusion on the Metropolitan Planning Organization's Board with her final appointment anticipated to occur shortly after the first of the year. This fall, Miami Beach applied, along with other Dade County cities, for funding to provide basic transportation planning services. In our case, this would involve hiring a full-time transportation planner. It is envisioned that this staff position, under the Department of Development, Design and Historic Preservation Services, would be responsible for preparing the City's annual and five-year transportation element of the Capital Improvement Plan (TIP) would provide input and testimony on that document, and would be the grants person and on-going liaison for Miami Beach transportation projects with the MPO and other agencies. The City of Miami Beach was awarded the amount of $39, 501.47 for these purposes, effective January 1, 1993 . A city match of $9,875. 37, or 20%, is required to access these funds. 130 AGENDA ITEM -1- ) /c-- DATE 1 • t ECONOMIC IMPACT TO THE CITY: The City is to provide a 20% funding match to access these funds. That match will be provided via salary savings this year in the Department of Development, Design and Historic Preservation Services. Grants from the MPO are awarded annually and it is anticipated that next year the City will apply for additional funding from the MPO. The availability of this funding will conceivably allow Miami Beach to obtain significant capital funds for future projects. RECOMMENDATION: It is recommended that the City Commission adopt the attached Resolution authorizing the Mayor to sign the attached Memorandum of Agreement with the Metropolitan Planning Organization. RMC:j ph Attachment 131 -2- • • • • METRO-DADE METROPOLITAN PLANNING ORGANIZATION (MPO) SECRETARIAT OFFICE OF COUNTY MANAGER SUITE 910 111 NW FIRST STREET MIAMI FLORIDA 33128-1904 (305) 375-4507 November 12, 1992 Honorable Seymour Gelber City Hall 1700 Convention Hall Center Dr. Miami Beach, FL 33139 __ __ Dear Mayor Gelber: At its meeting of October 27, 1992, the Governing Board of the Metropolitan Planning Organization for the Miami Urbanized Area approved the award of MPO transportation planning funds to municipalities which had requested such funds. The City of Miami Beach was awarded the amount of $39,501.47 for these planning activities. - A city cash match amount of $9,875.37 is required to access these funds. The attached Memorandum of Agreement between the MPO and the City of Miami Beach will formalize the award and use of the subject funds. The Agreement details all the requirements needed to carry out the necessary work. Please have the two attached original Agreements executed by the appropriate city official and return for our signature. A fully executed Agreement will be forwarded to you after all parties have signed. Expenditures on these funds can commence effective January 1, 1993. If you have any questions on the contents of the agreement or any other matter on this subject please contact me at (305) 375-4507. Sincere y, o:fie-Luis sa, pi ector M•O Secretariat Attachments SOS:GEL 133 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 5th day of January 1993 , by and between the Metro-Dade Metropolitan Planning Organization (MPO) , hereinafter called the MPO and the City of Miami Beach, Florida, hereinafter called the City. WITNESSETH: 1.00 The MPO does hereby retain the City to accomplish certain activities in connection with the Municipal Coordination/Planning Grant, as described in Exhibit "A", Statement of Purpose and Scope of Work, and Exhibit "B", Project Schedule, attached hereto and made parts hereof as though fully recited herein. 2.00 The MPO and the City mutually agree to furnish, each to the other, the respective services, information and items as described in Exhibit "A" Statement of Purpose, and "B" Project Schedule. The MPO agrees to furnish the City and duly designated representatives information including, but not limited to planning coordination. The City agrees to perform, in a timely and professional manner, the work elements set forth in the above-enumerated Exhibits. Before initiating the work described in Exhibits "A", and "B", the MPO Director or his designee shall execute and issue to the City a Notice to Proceed with the work described in said Exhibits, such work to constitute performance of the Municipal Coordination/Planning Grant as set forth in said Exhibits. 3.00 The services to be rendered by the City shall be commenced subsequent to the execution and issuance of the Notice to Proceed and shall be completed nine (9) months from the date of execution and issuance of the Notice to Proceed. 4.00 The City agrees to provide Project Schedule progress reports in a format acceptable to the MPO Director and at intervals established by the MPO Director. The MPO Director shall be entitled at all times to be advised, at its request, as to the status of work being done by the City and of the details thereof. Coordination shall be maintained by the City with representatives of the MPO. Either party to the agreement may request and be granted a conference. 5.00 In the event there are delays on the part of the MPO occasioned by circumstances beyond the control of the City which delay or obstruct completion of grant requirements, the MPO Director may grant to the City, by a letter "Extension of Time", an extension of the contract time, equal to the aforementioned delays, provided there are no changes in compensation or scope of work. SOS:MBEACH 1 • It shall be the responsibility of the City to ensure at all times that sufficient contract time remains within which to complete the grant requirements and the "Scope of Work" in adherence to the "Project Schedule". In the event there have been delays which would affect the completion date, the City shall submit a written request to the MPO Director then (10) days prior to the schedule completion date which identifies the reason(s) for the delay and the amount of time related to each reason. The MPO Director will review the request and make a determination as to granting all or part of the requested extension. Scheduled completion dates shall be determined by Exhibit "B" and the issue date of the Notice to Proceed. In the event contract time expires and the City has not requested or if the MPO Director has denied, an extension of the completion date, partial progress payments will be stopped on the date time expires. No further payment for the project will be made until a time extension is granted or all work has been completed and accepted by the MPO Director. 6.00 The City shall maintain an adequate and competent professional staff and may associate with it, for the purpose of its services hereunder, without additional cost to the MPO, other than those costs negotiated within the limits and terms of this Agreement and upon approval by the MPO Director, such specialists as the City may consider necessary. 7.00 The City shall not be liable for use by the MPO of plans, documents, studies or other data for any purpose other than intended by the terms of this Agreement. 8.00 Records of costs incurred include the City's general accounting records and the project records, together with supporting documents and records, of the City and all work resulting from the grant and all other records of the City and subconsultants considered necessary by the MPO for a proper audit of project costs shall be furnished to the MPO upon request. The City shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the City in conjunction with this Agreement. Failure by the City to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the MPO Director. 9.00 The City shall comply with all federal, state and local laws and ordinances applicable to the work or payment of work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance or work under this contract. 10:00 The MPO agrees to pay the City compensation as per Section 15.00 of this agreement and Exhibits "A" and "B", attached hereto and made a part hereof. 11.00 The MPO Director may terminate this Agreement in whole or in part at any time the interest of the MPO requires such termination. SOS:MBEACH 2 • 11.10 If the MPO Director determines that the performance of the City is not satisfactory, the MPO Director shall have the option of (a) immediately terminating the Agreement or (b) notifying the City of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. 11.20 If the MPO Director requires termination of the Agreement for reasons other than unsatisfactory performance of the City, the MPO Director shall notify the City for such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. 11.30 If the Agreement is terminated before performance is completed, the City shall be paid for the work satisfactorily performed up to the termination date. 12.00 All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.00 The City warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the City, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. 13.10 For the breach or violation of Paragraph 13.00, the MPO Director shall have the right to terminate this Agreement without liability, and at its discretion, to deduct from grant amount or otherwise recover, the full amount of such grant. 14.00 The City shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts awarded. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid on such contract. 15.00 Method of disbursement - It is mutually agreed and understood that the following provision shall be applicable to this Agreement. The City shall invoice quarterly in a format acceptable to the MPO Director. The City shall invoice for 100% of the total expenditures per quarter and shall further indicate the 20% city matching contribution and net amount (80%) due on each invoice. The total project activity is $49,376.84 of which the City will contribute (20%) $9,875.37. The grant to be awarded to the City shall not exceed 80% of the activity total or $39,501.47. 15.10 For the purpose of this Agreement , the end of the Agreement shall be deemed to be the final billing or acceptance of the work by the MPO Director, whichever is later. It is agreed that said compensation provided in Paragraph 15.00 hereof shall be adjusted to exclude any significant sums where the MPO Director shall determine that reported costs by the city reflect inaccurate, incomplete or non-current costs. All such adjustments shall be made within one year following the end of the agreement. SOS:MBEACH 3 15.20 No federal funds will be included in the City's cash match of $9,875.37. 16.00 Standards of Conduct - Conflict of Interest - City covenants and agrees that it and its employees shall be bound by the standards of conduct provided in Florida Statutes 112.313 as it relates to work performed under this Agreement, which standards will by reference be made a part of this Agreement as though set forth in full. City Agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed. 17.00 The MPO Director reserves the right to cancel and terminate this Agreement in the event the City or any employee, servant, or agent of the City is indicted or has direct information issued against him for any crime arising out of or in conjunction with any work being performed by the City for or on behalf of the MPO, without penalty. It is understood and agreed that in the event of such termination all work products prepared under this Agreement shall immediately be turned over to the MPO Director in conformity with the provisions of Paragraph 8.00 hereof. The City shall be compensated for its services rendered up to the time of any such termination in accordance with Paragraph 11.00 hereof. 18.00 To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the City shall indemnify and save harmless the MPO from any and all claims, liability, losses and causes of action arising out of the City's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify the MPO for any liability or claims arising out of the negligence, performance, or lack of performance of the MPO. To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the MPO shall indemnify and save harmless the City from any and all claims, liability, losses and causes of action arising out of the MPO's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify the City for any liability or claims arising out of the negligence, performance, or lack of performance of the City. 19.00 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 20.00 Attachments No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing, signed by both parties hereto, and approved by the Governing Board of the Metropolitan Planning Organization. The Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida and venue shall be in Dade County, Florida. SOS:MBEACH 4 IN WITNESS WHEREOF, the parties hereto have executed these present this 5th day of January 1 993 . GOVERNING BOARD OF THE CITY OF M off BEACH METROPOLITAN PLANNING ORGANIZATION By: '. By: AP A# 1 / County Managerc-y i'V • ATTEST: ATTEST: 1, /, By: A I i ,fri Bc:11°'.-CdOSINIA,A 1110‘14‘01A0\4,... Di ector, MPO ecretar at City Clerk I e.tx?LAN/V/ W Ay CVE sa CI 1 1 FORM APPROVED ro 1 LEGAL DEPT. 0ORO I . op° OBy ,'"A Date io Pv SOS:MBEACH 5 EXHIBIT "A" Statement of Purpose and Scope of Work Municipal Coordination/Planning Grant City of Miami Beach Metropolitan Planning Organization (MPO) Statement of Purpose At its meeting of June 16, 1992, the MPO approved the creation of a fund to be made available to all Dade County municipalities for transportation planning and coordination activities. The total amount in the fund is $300,000. Several municipalities applied for this money and all applicants were awarded varying amounts based on a population formula. Local cities receiving awards must provide a cash match of 20% of the activity total of projects and work undertaken with Municipal Fund money. The purpose of this grant is for planning coordination between Dade County municipalities and the Metropolitan Planning Organization. The MPO believes that funding planning coordination creates a mechanism for greater municipality input, thereby allowing for more detailed consideration of various local transportation issues. The identification of critical transportation issues at the local level will translate into a more effective countywide transportation network and planning process. Scope of Work Work activities eligible under this Agreement include: 1. Performance of duties by city officials, employees or consultants related to MPO program transportation issues and which include topics in public transportation, urban transit and other eligible multimodal MPO planning areas. 2. Performance of duties associated with coordination with the MPO program and administrative tasks related to the grant. A GVBD:K2J-2 EXHIBIT "B" Project Schedule Municipal Coordination Planning Grant The, City of Miami Beach is required to invoice the Metropolitan Planning Organization (MPO) and report project status to the MPO on a quarterly basis as indicated below: let Quarter January 1, 1993 thru March 31, 1993 2nd Quarter April 1, 1993 thru June 30, 1993 3rd Quarter July 1, 1993 thru September 30, 1993 Attached are a Quarterly Progress Report/Reimbursement Request (Attachment B1) and a Technical Progress Report (Attachment B2) to be used at the end of each quarter to report your progress according to the Work Order Requests/Authorization and Deliverable Products Outline forms and expenditures during that period. All accounting codes and additional information should be included. A memorandum will be distributed prior to the end of each quarter to remind you of the due date on all progress and expenditures reports. Progress reports for any given fiscal quarter are due 15 calendar days after the end of that fiscal quarter. Attachments GVBD:K2N-2 • Attachment B1 THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA QUARTERLY PROGRESS REPORT AND REIMBURSEMENT REQUEST To: MPO Secretariat Date: The following report of progress toward completion of a UPWP element, for which this agency bears management responsibility, is hereby submitted. Reporting Period: Entity Submitting Request UPWP Work Element No. : 4 .04 Element Title: Municipal Coordination/ ion/ Planning Work Order No. (s) : Signature of City Official EXPENSES INCURRED DURING THIS QUARTER: SEC.9 Project Cost TOTAL AMOUNT OF REIMBURSEMENT REQUESTED: % of work com- % of work com- pleted during pleted to data: Work Element Budget: $ quarter: TECHNICAL REPORT: Complete Attachment C2. Provide copies of deliverables/product if applicable pplicable FOR MPO USE ONLY - PROGRESS REVIEW Progress Report Accepted Returned for Response See Technical: SatisfactoryC Comments) Unsatisfactory Comments: Reviewed by: Date: FOR GRANTS AND ACCOUNTING USE ONLY FINANCIAL VERIFICATION: SatisfactoryUnsatisfactory satisfactory Reviewed by: Date: Comments: MPO SECRETARIAT FINAL APPROVAL FOR REIMBURSEMENT: Accepted: Returned for r Response MPO Secretariat Date FT/FORM/H14E-1 M 1 Attachment B2 FY 1 9 9 3 UNIFIED PLANNING WORK PROGRAM TECHNICAL PROGRESS REPORT FORM 1. Progress Made This Quarter: 2. Products Completed Thisuar 4 ter 3. Problems Encountered/Anticipated: 4 . Schedule Adherence: (Yes or No) If No, Explain FT/FORM/H14CA-1 . r -METRO-DADE METROPOLITAN PLANNING ORGANIZATIONMPO ( ) SECRETARIAT • OFFICE OF COUNTY MANAGER SUITE 910 111 NW FIRST STREET MIAMI FLORIDA 33128-1904 (305) 375-4507 November 12, 1992 Honorable Seymour Gelber L7 City Hall 1700 Convention Hall Center Dr. [-] __ Miami Beach, FL 33139 Dear Mayor Gelber: At its meeting of October 27, 1992, the Governing Board of the Metropolitan Planning Organization for the Miami Urbanized Area approvedp the award of MPO transportation planning funds to municipalities which had requested such funds. The City of Miami Beach was awarded the amount of $39,501.47 for theselannin to access these g activities. A city cash match amount of $9,875.37 is requiredp e funds. The attached Memorandum of Agreement between the MPO and the Cityof Miami Beach will formalize the award and use of the subject funds. The Agreement details all the requirements needed to carry out the necessary work. Please have the two attached original Agreements executed by the appropriate city official and return for our signature. A fullyexecuted Agreement g ent will be forwarded to you after all parties have signed. Expenditures on these funds can commence effective January 1, 1993. If you have any questions on the contents of the agreement or any other matter on this subject please contact me at (305) 375-4507. Sincere y, o:fie-Luis sa, • ector M.0 Secretariat Attachments SOS:GEL ORIGIJ,AL RESOLUTION NO. 92-20685 Authorizing the Mayor to sign a memorandum of agreement between the Metropolitan Planning Organization and the City of Miami Beach to formalize the award and use of $39,501.47 for transportation planning purposes.