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2000-23977 RESO RESOLUTION NO. 2000-23977 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AND REIMBURSEMENT AGREEMENT (JPRA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), IN THE AMOUNT OF $300,000; TRANSFERRING TO THE CITY THE PUBLIC INVOLVEMENT COMPONENT OF THE AlA/COLLINS AVENUE PROJECT, FROM LINCOLN ROAD TO 26TH STREET; AND FURTHER AUTHORIZING THE APPROPRIATION OF CITY FUNDS FOR THE PURPOSE, FOR SUBSEQUENT REIMBURSEMENT BY FDOT, IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. WHEREAS, the Florida Department of Transportation (FDOT) has scheduled a roadway reconstruction project for AlA/Collins Avenue, from Lincoln Road to 26th Street, beginning in April 2001 and ending in July 2002 (the Project); and WHEREAS, the Project will directly affect the City's Art Deco Historic District and the hotels and businesses it encompasses, which are essential to the continued economic viability and vitality of Miami Beach, as a tourism and convention destination; and WHEREAS, in an effort to minimize the impacts to the area and properly inform and involve all stakeholders, it has been mutually agreed by the City and FDOT that the City assume the leading role in the community involvement/liaison process for the Project; and WHEREAS, through a Joint Participation and Reimbursement Agreement (JPRA), FDOT agrees to provide the City with $300,000 in State funds for the purposes of the community involvement/liaison functions; and WHEREAS, the City shall appropriate and advance $300,000 in City funds, for subsequent reimbursement by FDOT within forty (40) days of receiving an invoice from the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute a Joint Participation and Reimbursement Agreement JPRA) with the Florida Department of Transportation (FDOT), in the amount of$300,000; transferring to the City the Public Involvement component of the AlA/Collins A venue project, from Lincoln Road to 26th Street; and further authorizing the appropriation of City funds for the purpose, for subsequent reimbursement by FDOT, in accordance with the provisions of this Agreement. PASSED AND APPROVED this the 28th day of June ,2000. 1k APPROVED AS TO 11! FORM 8. lANGUAGE J-- PM (~ & FOR EXECUTION MAY R CI Y CLERK ewo"n'^~WH~"O."^TI~",^"" ~~~ b ~~ C I T Y 0 F M I A M 18 E A C H CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO, 510-00 Mayor Neisen O. Kasdin and DATE: Jnne 28, 2000 Members of the City Commission Lawrence A. Levy (l-l'r6 City Manartl~ A RES08'jTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AND REIMBURSEMENT AGREEMENT (JPRA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), IN THE AMOUNT OF $300,000; TRANSFERRING TO THE CITY THE PUBLIC INVOLVEMENT COMPONENT OF THE AlA/COLLINS AVENUE PROJECT, FROM LINCOLN ROAD TO 26TH STREET; AND FURTHER AUTHORIZING THE APPROPRIATION OF CITY FUNDS FOR THE PURPOSE, FOR SUBSEQUENT REIMBURSEMENT BY FDOT, IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. ADMINISTRATION RECOMMENDA TION Adopt the Resolution. ANALYSIS As a result of negotiations between the City and the Florida Department of Transportation (FDOT), it was mutually agreed that the City should assume the lead role in the public involvement process for the roadway and sidewalk reconstruction project scheduled by FDOT for AlA/Collins Avenue, from Lincoln Road to 26th Street. The project construction will begin in April 2001 and end in July 2002. The City's reasoning behind the decision to take over the public involvement duties, which would otherwise be conducted by FDOT, was based on the following local realities and needs: (> The project will directly affect the City's major hotel area and the Art Deco Historic District, as well as the Convention Center and business district of South Beach. (> The continued viability and sucCess of Miami Beach as a convention and tourism destination needs to be preserved and protected, by minimizing disturbance to the hotels and businesses which make conventions and tourism possible. AGENDA ITEM R1B b -;).8-0() DATE June 28, 2000 Commission Memorandum JPRA with FDOT/Collins Avenue Project Page 2 (; The need for establishing and maintaining efficient, effective, and sufficient communication with and among all stakeholders, thereby creating an atmosphere of trust, understanding and cooperation. The City shall appropriate and advance $300,000 in City funds for the purposes of this JPRA, Reimbursement will be made by FDOT within forty (40) days of receiving an invoice from the City. The Administration needs to issue, as soon as possible, a Request for Qualifications (RFQ) from consulting firms which specialize in public involvement/liaison activities (subsequent Agenda item) and recommends that this enabling JPRA with FDOT be approved via the attached Resolution. ~~. ~ LL;M'S~/ AJ Attachment: JPRA with FDOT f,\WOR~I$TRA,^MEU^\l1lPESl("()lPUP^.WPD " WPINo. 6113864 Contract No. Ay338 F.P. No, 249687-1-58-01 JOINT P ARTICIP A TION REIMBURSEMENT AGREEMENT for Public Involvement on Collins Avenue This AGREEMENT, made and entered into this 9lD'i:II day of ()c-l- 2000, by and between the State of Florida, Department of Transportation, hereinafter referred to as the DEPARTMENT, and the City of Miami Beach, apolitical subdivision of the State of Florida, hereinafter referred to as the CITY. WITNESSETH WHEREAS, the CITY has a total reconstruction project on Collins Avenue from Lincoln Road to 26th Street; and WHEREAS, the purpose of this Agreement is for the DEPARTMENT to reimburse the CITY for Public Involvement Costs as outlined in Scope of Services, See Exhibit A, hereinafter referred to as the "PROJECT"; and WHEEREAS, the parties are authorized to enter this Agreement pursuant to Section 339.08 (e), Florida Statutes (1999); and WHEREAS, the DEPARTMENT has agreed to reimburse the CITY for PROJECT costs in accordance with procedures outlined in this Agreement and the documentation submitted by the CITY; and WHEREAS, the parties herein agree that the CITY is only entitled to reimbursement for PROJECT activities actually performed pursuant to this Agreement; and WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best interest of the general public and the citizens of Miami Beach to enter into this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties herein agree: I. A, It is understood and agreed by the parties hereto that the CITY shall comply with Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, in the hiring of consultants for PROJECT. Public Involvement/Collins Ave. Project Page2of4 - B, Except as otherwise authorized in writing by the DEPARTMENT, the CITY shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds, including consulting contracts or amendments thereto, with any third party with respect to the PROJECT without the written approval ofthe DEPARTMENT. Failure to obtain such approval shall be sufficient cause for nonpayment by the DEPARMENT, The DEPARTMENT specifically reserves unto itself the right to review the qualifications of any consultant and to approve or disapprove the employment of same. C, The CITY shall obtain all necessary permits from the DEPARTMENT, and other concerned agencies prior to entering upon DEPARTMENT'S right of way to accomplish the public involvement activities. D, Pursuant to this Agreement, the DEPARTMENT will reimburse the CITY for all eligible PROJECT costs up to $300.000 dollars. Both parties further agree that ifthe final auditing of the eligible public involvement costs indicates that the eligible cost exceed $300.000 dollars, the CITY shall be responsible for the difference between the final costs and the eligible PROJECT costs, E, The parties further agree, that if the there are additional PROJECT costs that are not eligible, the DEPARTMENT shall not be obligated or liable to the CITY, third parties or their agents or employees for such reimbursement. F. The CITY shall charge to the PROJECT account all eligible costs, as outlined in Exhibit A. G, All costs charged to the PROJECT, including any approved services contributed by the CITY or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges, H. DEPARTMENT shall process invoices and remit payment 40 days from receipt of the approved invoice(s) from the CITY, 1. The provisions of this section have preference over any other provision of this, or any related, contract. J, Upon final payment to the CITY'S consultant for the PROJECT, the CITY shall, within one hundred eighty (180) days furnish the DEPARTMENT Public Involvement/Collins Ave. Project Page 3 of4 - with two (2) copies of its final and complete billing of all costs incurred in connection with the PROJECT, 2. The final billing shall show the description and site of the PROJECT; a description of the materials used; the date on which the first work was performed or the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where records and accounts billed can be audited, All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) YEARS APTER FINAL BILLING. 3, This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 4, If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of the applicable law. 5, The CITY shall, by the issuance of resolution by its board of commissioners ratify this Agreement. Such resolutions will be hereby attached to this Agreement as Exhibit B. 6. Notices: All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder, shall be in writing and shal1 be sent by registered mail or certified V,S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as fol1ows: To Department: Florida Department of Transportation 1000 Northwest 111 th Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Production To City: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attention: City Manager Either party may, by notice given as aforesaid, change its address for all subsequent notices, Notices given in compliance with this section shall be deemed given when placed in the mail. Public Involvement/Collins Ave. Project Page4of4 - 7, Nothing in this Agreement shall be construed to violate the provisions of Section. 339,135 (6)(a), Florida Statutes (1999), which provides as follows: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller ofthe Department that funds are available prior to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the making of a contract for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than one year, 8, This Joint Participation Reimbursement Agreement is the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified or amended only by mutual consent of the parties in writing and evidenced by the District Secretary and the CITY'S duly authorized representative as designated by the Board of City Commissioners and spread upon the Board's respective minutes, IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI BEACH 1Ptf STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ~ BY: TITLE: MAYOR NEISEN KASDIN ATTEST:~ f~Jl.. TITLE: CLERK ROBERT PARCHER Legal Review APPROVED AS TO & LAt~GUAGE 's Officl& FOR EXECUTION D 41~ City Morney b - '2J "@/ Dale PUBLIC 'INVOLVEMENT SCOPE OF SERVICES A, GENERAL: Public involvement is an important aspect ofthe construction process. Public involvement includes communicating and interacting with all interested individuals, groups, government and private organizations regarding information about the development of the project. This communication and interaction is accomplished through meetings, publications, door to door contact, media releases and other means outlined below. The focus of these activities is to develop a cooperative working relationship between the public and the City of Miami Beach, and the State of Florida Dcpartment of Transportation, in order to identify the public's issues, needs and concerns, The CONSULT ANT shall coordinate public information activities in compliance with the Florida Department of Transportation's Community Awareness Program in the District Six Public Information Plan Format and Requirements guidelines and the following sections, Within one month ofthe Notice To Proceed, the CONSULTANT shall provide a schedule and quantity estimate for any required public involvement items to be supplied by the City of Miami Beach and the State of Florida Department of Transportation. B, PUBLIC INVOLVEMENT DATA: The collection of public input occurs throughout the life of the project and requires compiling and maintaining the project mailing list, newspaper clippings, correspondence, public request, and response. Daily review of local newspapers and collection of news .articles is required. The CONSULTANT is to collect, maintain and update the project mailing list and provide to the Department on a diskette, which includes but not limited to the following: . Corridor property owners and tenants: The CONSULTANT should obtain the mailing address of every owner and tenant along the corridor and one block north, south, east and west ofthe area, . Elected and appointed local, state and federal officials; municipal sub- committees, and other community leaders and groups, in or with jurisdiction in the project area shall be included in the project mailing list. . The Florida Transportation Commission shall be included in all notices sent to the public, EXHIBIT A . Technical staff of agencies and municipalities, including permit and review agencies should be identified and placed on the mailing list. . Community and cultural service groups, such as schools, churches, police, fire, rescue. . Media in the project area should be identified and placed on a mailing list to be used for news releases or advertisements, The Department will issue any releases. . Any person or institution expressing an interest in the project. . Hotel guests, Miami Beach Convention Center, Greater Miami Visitor and Convention Bureau, Greater Miami, Hotel Association C, COMMUNITY AWARENESS PLAN: The CONSULTANT'S Public Involvement Program shall be specifically detailed in the COMMUNITY AWARENESS PLAN for the project. The Community Awareness Plan documents how the cooperative relationship will be developed during the construction duration, The plan shall include: the project's purpose and background; history of the previous public involvement efforts, issues identified and assumed; strategies on resolving difficult issues; an action plan on how information will be conveyed to and collected from the public; a schedule of key elements; list ofregular council and subcommittee monthly meeting days, description of collateral materials to be produced; and the project mailing list. The Community Awareness Plan usually heeds dating during the project's duration. All creative efforts by all CONSULTANTS are owned by the CITY OF MIAMI BEACH and STATE OF FLORIDA OF TRANSPORTATION DEPARTMENT Copyrights are the property of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. D, PUBLIC MEETINGS: The CONSULTANT shall investigate potential meeting sites, advise the CITY OF MIAMI BEACH and FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT on their suitability and provide all support necessary for the CITY OF MIAMI BEACH and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION to hold various meetings, this support includes: EXHIBIT A - Contact participants; organize and schedule meetings; reserve meeting sites, - Prepare and distribute notification letters, - Provide agenda and sign in sheets, - Record, write and distribute minutes, draft within 48 hours, final within 7 days. - Prepare graphics and plans for presentations, - Perfoml oral presentations. - Set-up and take-down meeting equipment. . - News releases, provided to the Department for inclusion in the weekly news release. - Property owner letters,. The CONSULT ANT will prepare the letters, insert them in envelopes, address the envelopes and deliver the postal facility. - Display of plans and report(s) for display to the public for _ days prior to the meeting designated public locations. Brochures, handouts, comments cards, staff name tags and other miscellaneous items, - Draft public advertisements and provide the State of Florida Department of Transportation Public Information Office for approval prior to publication. - Prepare letters in response to comments. - Prepare a public meeting summary document with the following suggested features: o Table of Content o List of Speakers with paraphrased comment o Written comments received o Written responses transmitted o Attendance Sheet o Documentation of Legal Notice The CONSULTANT shall draft responses to any public responses as a result of the public involvement process. F, NEWSLETTERS AND FLYERS: The CONSULTANT shall prepare, print and distribute quarterly editions of a multi color newsletter and duplicate, the required number of distribution shall be through the project mailing list and hand delivered to various locations as appropriate. The CONSULTANT will send out a weekly progress report about construction activities, and schedule status. G. MEETINGS WITH PUBLIC INFORMATION OFFICERS: The CONSULTANT shall meet the Florida Department of Transportation Public Information Office and the CITY OF MIAMI BEACH Project Manager Team on a monthly basis. EXHIBIT A . . H. CONTACTS WITH ELECTED OFFICIALS: Information to be transmitted to Public Officials may be included in the PIO mail-out to elected and community officials, The CONSULTANT is not to initiate contact with elected officials. The CITY OF MIAMI BEACH and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Project Manager sha1l coordinate with liaison. The liaison for state elected officials is the Director of Administration/Legislative Coordinator, and the liaison for local elected officials is the Director of Planning and Programs. I. DISTRIBUTION OF PUBLIC INVOLVEMENT PRODUCTS: Duplicating, filing envelopes, labeling, and distribution sha1l be there responsibility of the CONSULTANT, The Consultant shall pay postage. J. TELEPHONE SERVICES: The CONSULTANT sha1l provide project telephone numbers, answer calls, and document ca1lers comments. The CONSULTANT'S telephone number shall be linked to the CITY OF MIAMI BEACH and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION'S site. K. INTERNET SITES: The CONSULTANT shall develop project related Internet information pages. This ,information sha1l be publicly accessible and linked to the CITY OF MIAMI BEACH and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, The CONSULTANT sha1l provide updates of the information, L. TRAVELER INFORMATION RADIO NETWORK (TIRN): The CONSULTANT shall provide project related information for inclusion on the DEPARTMENT'S Travelers Information Radio Network. M. SPECIAL PUBLIC INVOLVEMENT REOUlREMENTS: . The CONSULTANT should actively assist the CITY OF MIAMI BEACH in its business retention efforts during the construction of the project. EXHIBIT A . The CONSULTANT develop special programs such as, Community ambassadors to disseminate the available information to all target entities, . The CONSULTANT should be available at the trailer site or designate construction office as deemed necessary by the CITY OF MIAMI BEACH and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. . The CONSULTANT shan maintain a 24 hour hotline with updated information and all relation to be update on a daily basis and capabilities to respond to any emergency cans within 1 hour. . The CONSULTANT shall prepare special advanced visualization photographs or special rendering showing all the proposed conditions to be reproduced and distributed among all hotels and the public, demonstrating the future look of Collins A venue, It shall be in colorful and denote new lighting features and landscape. EXHIBIT A