Interlocal Agreement w/ MPO 2� - 2:7 S 2-,
INTERLOCAL AGREEMENT
R T
,-
THIS AGREE made and entered Into this r a -
day of 201.9
and between the Miami -Dade Metropolitan Planning Organization ( 0), hereina ter called the
MPO and the City of Miami Beach, hereinafter called Miami Beach.
That the MPO and Miami Beach have determined to jointly fund the North/Middle Beach
Transit Planning Study and that Miami Beach has determined to provide the services for such
study and its share of the costs thereof as provided below.
WITNESSETH:
ARTICLE 1.00: The MPO does hereby retain Miami Beach to provide the services for the
North/Middle Beach Transit Planning Study which services are described in Exhibit "A ":
"Scope of Services ", and Exhibit "B ": "Tentative Project Schedule ". The parties further agree
that the project costs are provided in Exhibit "C ": "Project Cost." In addition, the E -Verify
Certification provided in Exhibit "D" must be signed by the recipient. The referenced exhibits
are attached hereto and made a part hereof as though fully recited herein. Article 16.00 governs
each party's obligations for its portion of the Project Cost.
ARTICLE 2.00: The MPO and Miami Beach mutually agree to furnish, each to the other, the
respective services, information and items as described in Exhibit "A" Scope of Services, Exhibit
"B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E -Verify
Certification. The MPO agrees to furnish Miami Beach and its duly designated representatives
information including, but not limited to, existing data and projects related to the study area
which may be available in other governmental offices. Miami Beach agrees to perform or cause
to be performed, in a timely and professional manner, the work elements set forth in the above -
enumerated Exhibits, in accordance with the Schedule set forth in Exhibit "B ".
Before initiating the work described in Exhibits "A ", "B" and "C ", the MPO Director or his
designee shall execute and issue Miami Beach a Notice -to- Proceed with the work described in
said Exhibits, such work to constitute performance of the North/Middle Beach Transit Planning
Studv as set forth in said Exhibits.
ARTICLE 3.00: The services to be rendered by Miami Beach shall be commenced subsequent
to the execution and issuance of the Notice -to- Proceed and shall be completed within U�1� t - .�0
(� months from the date of execution and issuance of the Notice -to- Proceed.
ARTICLE 4.00: Miami Beach agrees to provide Project Schedule progress reports on a
monthly basis and in a format acceptable to the MPO Director. The MPO Director shall be
entitled at all times to be advised, at his request, as to the status of work being done by Miami
Beach and of the details thereof. Coordination shall be maintained by Miami Beach with
representatives of the MPO. Either parties to the agreement may request and be granted a
conference.
ARTICLE 5.00: In the event there are delays on the part of the MPO as to the approval of any
of the materials submitted by Miami Beach or if there are delays occasioned by circumstances
beyond the control of Miami Beach which delay the Project Schedule completion date, the MPO
Director or his designee may grant Miami Beach, by a letter an extension of the contract time,
equal to the aforementioned delays, provided there are no changes in compensation or scope of
work.
It shall be the responsibility of Miami Beach to ensure at all times that sufficient contract time
remains within which to complete services on the project and each major Task Group as
designated with roman numerals on the Exhibits. In the event there have been delays which
would affect the project completion date or the completion date of any major Task Group,
Miami Beach shall submit a written request to the MPO Director or his designee twenty (20)
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 or his designee will review the
request and make a determination as to granting all or part of the requested extension.
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MP054"WP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
Scheduled completion dates shall be determined by the elapsed times shown in Exhibit "B" and
the issue date of the Notice -to- Proceed.
In the event contract time expires and Miami Beach has not requested, or if the MPO Director or
his designee 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 or his
designee.
ARTICLE 6.00: Miami Beach 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 Miami Beach may consider necessary.
ARTICLE 7.00: The MPO shall not be liable for use by the Miami Beach of plans, documents,
studies or other data for any purpose other than intended by the terms of this Agreement.
ARTICLE 8.00: All tracings, plans, specifications, maps, and/or reports prepared or obtained
under this Agreement shall be considered research and shall become the property of the MPO
without restriction or limitation on their use; and shall be made available, upon request, to the
MPO at any time. Copies of these documents and records shall be furnished to the MPO upon
request, verbal or written, allowing reasonable time for the production of such copies.
SUB ARTICLE 8.10:Records of costs incurred by Miami Beach and all subconsultants
performing work on the project, and all other records of Miami Beach and subconsultants
considered necessary by the MPO for proper audit of project costs, shall be furnished to
the MPO upon request.
Whenever travel costs are included in the performance of services set forth in Exhibits
"A ", "B" and "C ", the provisions of Metropolitan Miami -Dade County Administrative
Order 6 -1, shall govern or Florida Statues, whichever is more restrictive.
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MP054/UPWP FY2012/MGP Miami Beach FY 2012 Traffic Planning Study
Miami Beach 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 Miami
Beach in conjunction with this Agreement. Failure by Miami Beach to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
MPO Director.
ARTICLE 9.00: Miami Beach shall comply with all federal, state, and local laws and
ordinances applicable to the work or payment for 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.
SUB ARTICLE 9.10: On January 4, 2011, Governor Rick Scott signed Executive Order
Number 11 -02 relating to verification of employment status (the "Order "). The Order
directs all agencies under the direction of the Governor to include as a condition of all state
contracts a requirement that the contracting party utilize the U.S. E- Verify system to
"verify the employment of: (a) all persons employed during the contract term by the
contractor to perform work pursuant to the contract with the state agency ". Miami Beach
agrees to comply with the requirements of the Order and execute Exhibit "D ".
ARTICLE 10.00: The MPO agrees to pay Miami Beach compensation as per Article 16.00 of
this Agreement and Exhibits "A ", "B" and "C ", attached hereto and made a part hereof.
ARTICLE 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.
SUB - ARTICLE 11.10: If the MPO Director determines that the performance of Miami
Beach is not satisfactory, the MPO Director shall have the option of (a) immediately
terminating the Agreement or (b) notifying Miami Beach 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.
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MP054/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
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SUB - ARTICLE 11.20: If the MPO Director requires termination of the Agreement for
reasons other than unsatisfactory performance of Miami Beach, the MPO Director shall
notify Miami Beach of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be termnated.
SUB ARTICLE 11.30: If the Agreement is terminated before performance is completed,
Miami Beach shall be paid for the work satisfactorily performed. Payment is not to
exceed the prorated amount of the total share of the project costs to be paid by MPO as
provided in Article 16.00 agreement amount based on work satisfactorily completed. Such
determination shall be based and calculated upon a percentage allocation of total project
cost, by major Task Group.
ARTICLE 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.
ARTICLE 13.00: Miami Beach warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Miami Beach, 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. It is understood and agreed that
the term "fee" shall also include brokerage fee, however denoted.
SUB ARTICLE 13.10: For the breach or violation of Article 13.00, the MPO Director
shall have the right to terminate this Agreement without liability, and, at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
ARTICLE 14.00: Miami Beach agrees that it shall make no statements, press releases or
publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit
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MP054/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
to be disclosed any of the data or other information obtained or furnished in compliance with this
Agreement, or any particulars thereof, during the period of this Agreement, without first
notifying the MPO Director or his designee and securing its consent. Miami Beach also agrees
that it shall not copyright or patent any of the data and /or information furnished in compliance
with this Agreement, it being understood that, under Article 8.00 hereof, such data or
information is the property of the MPO. This Section shall not be construed to limit or restrict
public access to documents, papers, letters or other material pursuant to Article 8.10 of this
Agreement.
ARTICLE 15.00: The MPO 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. 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.
ARTICLE 16.00: Payment of project costs - It is mutually agreed and understood that the
Project Costs shall be as provided in Exhibit C . MPO shall pay Miami Beach 80% of such
Project Costs. Miami Beach shall be responsible for the remaining 20% of such Costs. Miami
Beach shall invoice MPO monthly for MPO's share of Project Costs in a format acceptable to
the MPO Director or his designee and shall be paid therefore on a percentage of completion basis
f -
or each Task described in the Notice to Proceed executed in accordance with Article 2.00.
Miami Beach shall invoice 100% of the MPO's share of the Project Cost upon completion of all
Task Orders, as indicated under Exhibit "A ". The total compensation to be paid by the MPO to
Miami Beach hereunder shall not exceed $40,000.
SUB - ARTICLE 16.10: By executing this agreement Miami Beach commits to fund the
$10,000 local share minimum of this agreement as specified in Exhibit C.
SUB ARTICLE 16.20: It is agreed that said compensation provided in Article 16.00
hereof shall be adjusted to exclude any significant sums where the MPO Director shall
determine that reported costs by Miami Beach reflect inaccurate, incomplete or non-
current costs. All such adjustments shall be made within 60 days following the end of the
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MP054/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
Agreement. For purpose of this Agreement, the end of the Agreement shall be deemed to
be the date of final billing or acceptance of the work by the MPO Director or his designee,
whichever is later.
ARTICLE 17.00: Standards of Conduct - Conflict of Interest - Miami Beach 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 be
referred and made a part of this Agreement as though set forth in full. Miami Beach agrees to
incorporate the provisions of this article in any subcontract into which it might enter with
reference to the work performed.
ARTICLE 18.00: The MPO Director reserves the right to cancel and terminate this Agreement
in the event Miami Beach or any employee, servant, or agent of Miami Beach is indicted or has
direct information issued against him for any crime arising out of or in conjunction with any
work being performed by Miami Beach for or on behalf of the MPO, without penalty. It is
understood and agreed that in the event of such termination, all tracings, plans, specifications,
maps, and data prepared or obtained under this Agreement shall immediately be turned over to
the MPO Director in conformity with the provisions of Article 8.00 hereof. Miami Beach shall
be compensated for its services rendered up to the time of any such termination in accordance
with Article 11.00 hereof.
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, Miami Beach shall indemnify and save harmless the MPO
from any and all claims, liability, losses and causes of action arising out of Miami Beach'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 Miami Beach from any and all
claims, liability, losses and causes of action arising out of the MPO's negligence or other
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MP054/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to
indemnify Miami Beach for any liability or claims arising out to the negligence, performance, or
lack of performance of Miami Beach.
ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
ARTICLE 21.00:
Attachments:
Exhibit "A ", Scope of Services
Exhibit "B ", Project Schedule
Exhibit "C ", Project Budget
Exhibit "D ", E- Verify Certification
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.
This 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 i m' -D
i
M a > ade County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed these presents this (ay of
1�1" O 1or
i
ATTEST: MIAMI -DADE COUNTY FLORIDA
By The Governing Board of
Metropolitan PlanningOrganization(MPO)
Name =v v"Q Ga K Yi2o�q e^
Director, MPO Secretariat
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MP054/UPWP FY2012/MGP Miami Beach FY 2012 Traffic Planning Study
ATTEST: CITY OF MIAMI BEACH
By: Print Name
MiaVeach Au thorized Representative
L �
By: Print Name '�" ry4 !' t . f
Miami Beach Project Manager
Approved as to form
and Le t Sufficiency
Assistant County Attorney
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�� C --- 6tP � c
City Attorn � Date
J
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MP054/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
Exhibit " A " : "Scope of Services"
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MPO541UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
4 f
JUSTIFICATION FOR NORTH/MIDDLE BEACH TRANSIT PLANNING STUDY
METHODOLOGY.
The following proposed scope of work. and budget incorporates the use of proactive public
involvement, data collection and analysis, an assessment of needs, development of
recommendations, transit ridership projection, and an implementation plan.
Task 1: Public involvement
Engaging the public and incorporating public input is a multi-level process that will take place
consistently throughout the duration of the priojee"
1. Public Workshops
rhe public involvement process will involve stakeholders representing a diversity of
interests. Concurrent willh the technical work of data collection and analysis,
community workshops, will be held to offer all community members an opportunity to
be involved in an informal setting.
2. Transit Customer Survey
An on-board customer suRey will be conducted to provide a means to gauge the
performance of the existing transit service from the passenger's point of view. An onboard
customer survey is the most effective and efficient way to target transit passengers. The
survey vAll be conducted by boarding the buses and distributing surveys to be completed
immediately by the passengers. The survey will have a limited number of multiple choice
questions so that it can be completed within approximately two (2) minutes or less. The
survey will be administered during two (2) days, one week day during the morning and
afternoon peak periods between the hours of 10:00 am to 12:00 pm and from 3:00 pm to
5:00 pm, and one weekend day during the morning and afternoon peak periods behveen
the hours of 10:00 am to 12:00 pm and 6:00 prn and 8:00 pm. The information obtained
vAll be tabulated and compiled utilising charts and graphs and the results will be used to
develop recommendations for improving transit service_
3. Agency Coordination Meetings
Coordination meetings will occurv&h impacted regional agencies, including the MP0,
NOT, and FDOT, throughout the project. This Will ensure each impacted agency is
kept informed and that the project is coordinated with --)dsting and future projects in
the North and Middle Beach neighborhoods.
Task 2: Assessment of Existing Transit Service
• Existing Transit Serdice- this will include a brief history of the City o f lMiami Beach
Transit System operation, including previous transportation activities.
• Current Demographics- An examination of demographic, socioeconomic, land
use, and transit service data will be collected for North and Middle Beach.
• Status of Roadway and Transit Projects- all previous and current proiects will be
reviewed and to every extent possible incorporated into the data collection and
analysis process.
�
Task 3: Recommendations for Improvements ho Quality of Transit Service
Pctentialrecornmendations based on the analysis vviil be provided. These recommendations
oQ|
aim to result in o transit LOS D and may include, but are not limited to, the following:
determination of the peak hour service andthe resulting headway needed (not greater than
30 minutes), A[}Aaccemsibi!8v imp[0vernents, mwiUmod*| improvements, and bicycle and
pedestrian amenities,
Task 4: Projection ofTrano|tRidemship
The onajyaism/1�esdmotethepotendal increase inoana�*ridr-«ki,- as areso|,o�theproPcsed
improvements to the quaQty of transit service. There F.re several rnethmds forenthnatinQ
transit ridership for small transit projects s4chas transit circulator systems. The most feasible
and appropriate analysis will be selected based nn available data and reliability of the results.
Task 5�. Benefit / Cost Analysis
8 benefit /cost anakrsiywd{|beconductedthotioc|udes,eommomic,envinonnm8ntaLandsOckai
quantifiable and non-quantifiable costs and benefits that |ncdude, but are not limited to. the
hJ|!0wfngconsidenaU8ns.
• Capittal and operating costs $o improve transit service
• Transit' fare revenues
° CUrnabs change adaptation strategies
w
Public health due to improved air quality
`
° lrnpactst0 parking demand
v ImpootSt0 traffic no0gG-s§on
*
Economic development
� ^ EqUit� — LnnpmctstonmQbNh/fbrcitizensVVho are not able todrive
Task G: Funding Opportunities & Next Steps -
This task will estimate implementation costs and schedules for -each recommendation. The
�
recommendations will also be Prioritized and funding x soanceaand strategies will be identified.
�
Task 7: Executive Summary
The final report will include a summation of all tasks in the form oƒan executive summary.
�
• A total nf three (3) public meetings/presentations are included inthis scope.
�
• A total of six (G) rnee1ingo/pnenentaiiono with City of Miami Beach. yNPD. Miami Dade County
Public Works Department, MDT and FDOT are included in this scope.
• The effort and cost nfinforming and inviting the public tn the workshop/presentations are not
�
included under this scope ofservices.
�
• Atkins proposes an aggressive project schedule of three months from Notice-to-Proceed and
commits to meeting this schedule. Hm**wer, delays beyond Atkina'o control such as agency
review time and delays in setting up meetings with agencies will be documented and presented
� by Adkino'u project manager to the City project manager in vvhbng also requesting schedule
extension as nouaonory. This also includes potential delays due to the upcoming holiday
season.
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Exhibit "B ": "Tentative Project Schedule"
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MPO54/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
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Exhibit "C ": "Project Cost"
Page 12
MPO54/UPWP FY2012 /MGP Miami Beach FY 2012 Traffic Planning Study
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