Agreement with Miami-Dade MPO 20
INTERLOCAL AGREEMENT
TIES"AG' iEMENT, made.and entered into this 17th y of, September ,201.4,'by
aud between the Miami-Dade Metropolitan Planning Organization(WO).,hereinafter:called the
NWO and`the VVy.qf Miami--Beach,hereinafter c0ed.11%1'iami Beach.
That the WO and Miami Beach. have -detwained. to jointly fund the is*A Beach.
Baardwa"euchwalk FeasihX& `furry. (Conversion .Pro"
tec 0 and that 1fwmi Beach has
;determined.o provide the-services-for such study and its share of the costs thereof as:provided
below.
1T1�ES SETH:
.A R TIC1E.1.00 The y -does hereby-retain.Mianii Beach -to provido the.services .for°the
Miami Beach Boardwalk✓Beachwalk.Feasib ff itv Stud 4 oriversi6n Pro!ecr which services
-are described in-Exhibit"WI: "Scope--of Services";,and Exhibit"W: "Tentative Prolect-,S6hedule'4.
The:parties farther agree that the project costs-are provided. ,n Exhibit."C": "Project,cost." in
addition,-the E-Verify-�Ce,i-tification.provid'ed:�.Exhibit".D"nhist be.signed'by the recipient:The
referenced exhibits are.ached-hereto and made part hereof as.-though fully recited herein.
-.Article 14.00 governs cash party's obligations for its portion°of the Project-cost.
ARTICLE CLB-2.0 04 :The NTO-and Miami.Beach mutually agree-to furnish, each to,the-other, the
respective services,information and items as described.in exhibit"A" S cope of S eruices,Exhibit
"B" Tentative Project Schedule,Ddiibit."C"Project Cost and.Exhibit."D".*E-Verify Certification,:
The WO agrees to hmish Afiami Beach and its duly designated representatives' iiiforwation.
including, but not limited to, existing:data and projects related.to the study area-which niay be
available in-other governmental offices. Miami Beach agrees to.,perform or cause to. be
performed, in a timely arid. professional Manner; the wofk elements .set forth In the .above;
enumi6rated-Exhibits,.m-.accoidance with'the.Schedi le set.forth fix Exhibit"B".
Before -initiating the woric dese-nibed M" Exhibits "A". 'B" and "C"
the NTO Director or his
designee-shall execute--.and issue=Miami Beach a Notice-to Proceed With the.wokIr.'deseribed in
to Beach BO eachwalk
said Exhibits,.such work . oomfitute performance:-of the Miami
Feasibilito StudvXonve'rs`10 n Project)— as set forth mii said.-Exhilibits.
AR,TICLE 3.00: The services to be rendered by Niand B=4 shall be.commenced subsequent
to the execution-and-issuance;of the Ndtice-to-Troceed and shall be-completed withintwelve..:(12
monehs from-the.date of execution and issuance of the Noticerto-Tropeed.
on -a
AR77CLE4X0.- Midud Beach agrees to. provide Project Schedule progress reports'
r0i
quarteily:basis:and'in -a formOotcepiable to th-OUPO. Direiptor.. The.WO.Director, shall be
entitled,at.all ernes-to be-advis-ed, at his -=,qub§t, as to'the:status of work-being,done.by Miami..
C 11:�ou shall Beech Beach -and -of the details thereof, Oor Wa be maintained by Miaini B with
es-11 of thd.-Mpo. -Either parties to -ffie agreement tuay tequost Mid be granted a
representatives'
ARTICLE S.00: In the event ther'C',are delays on the'-part 0-f the-WO as to the approval of ony of
-the..materials -submitted by 1V. Beach or if there are.delays occasioned by circumstances
'bdYoiid the control of Mia mi Beach, which. ay ibe-'Projeet-.Schedule-complelioi date,the N p .
Director.or'hiis designee may gi-ant.Miathi-B-each by A letter.2h Wt6hsiah of the.contract 11ine,
equal to the aforementioned 4elayg., provided there are g-P changes in compensatioa-or scope of
work.
tt: hall be the tem ponsi i lity-of. ia
d.P
eael to ensure at.0 times ftt contrast time
remains- within which_to complete services on:the project and -each..major ajor Task Group 'as
.-designated with roman.numerals.on the Exhibits. In 'the event-there have-been-delays which
would affect the.p.t6jedt-completion date or-the Ww. pleflon date of any tnaj`of:T"Ic Group.,Marw'
Beach shall submit.a written request lo.the-MPO Director-or his deg"Igpee twenly. (20) days pnor
-to.the schedule completion date Which identifies thereaso*) fbt the delay-and.-the:amount of'
time related to each reason. The WO Director or his designee will review.the request and.make
Page 2.
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
44 esignee 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
MVO 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 830: Records of costs incurred by Miami Beach and all sub-consultants
performing work on the project, and all other records of Miami Beach and sub-consultants
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 2015/MGP FY 2015 Miami Beach lnterlocal Agreement
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-AR TICLE 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 2015/MGP FY 2015 Miami Beach Interlocal Agreement
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 terminated.
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
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
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MP054/UPWP 2015/MGP FY 2015 Miami Beach Interlocal Agreement
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 1 5.00: 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 Costs. Miami Beach shall
invoice MPO quarterly 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 for 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 20%
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 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.
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MP054/UPWP 2015/MGP FY 2015 Miami Beach Interlocal Agreement
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 MVO
from any and all claims, liability, losses and causes of action arising out of Miami Beach'
negligence or other wrongful acts in the performance of this agreement. However, nothing
herein shall be deemed to indemnify the MVO 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 MVO 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
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.
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MP054/UPWP 2015/MGP FY 2015 Miami Beach lnterlocal Agreement
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 Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed these presents this 17th day of
Septe m ber, 2014.
Approved as to form
and Le al Sufficiency
ATTEST:MIAMI-DADE COUNTY FLORIDA
Assist nt County Attorney
By The Governing Board of d//�//
Metropol' in ganizat�*on (MPO) 7
By: - Print Name Date
Di c4vr-,-1VIPO
ATTEST: IAMI BE CH
By: "°"' Print Name i
� e
Mi Beach'Authorized Representative
Print NameIl
By. V�
Miami Beach Project Manager
APPROVED AS TO
FORM & LANGUAGE
N
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MP054/UPWP 2015/MGP FY 2015 Miami Beach Interlocal Agreement a
City Attomey_ "C Date
Exhibit "A": "Scope of Services"
OBJECTIVE:
The objective of this project is to plan and conduct community outreach for the demolition of the
boardwalk north of 29 Street and connectivity to Miami Beach Drive in order to improve the
quality of pedestrian and bicycle access to existing segments of the AGN. In addition, the
project will look to improve connectivity between the boardwalk segment that is slated to remain
from 24 Street to 29 Street. This project may result in a higher quality of life for the community
through improved mobility, increased alternative transportation options, reduced traff ic
congestion, reduced greenhouse gas emissions, improved air quality, and economic
development.
METHODOLOGY:
The following proposed scope of work and budget incorporates the use of proactive public
involvement, development of design that will be permutable east of the coastal construction
control line, and cost analysis of these options.
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 project.
Task 2: Develop Conceptual Plan
Conceptual plan will be developed based on community input and feedback received
from FDEP. This plan will provide plan for this link in the AGN that provides safe
pedestrian and bicycle access, ADA accessibility, protective dune enhancements, and
bicycle and pedestrian amenities.
Task 3: Cost Analysis
A cost analysis will be conducted that takes into consideration the capital and operating
costs for boardwalklbeachwalk.
Task 4: Executive Summary
The final report will include a summation of all tasks in the form of an executive
summary.
END PRODUCTS:
The end product will be a final report in electronic format that includes an executive summary of
recommendations for improving the quality of pedestrian and bicycle accessibility from 23 Street
to 45 Street and next steps.
PROJECT MANAGER:
Elizabeth Wheaton, Assistant Building Director
PARTICIPATING AGENCIES:
Other participating agencies can be determined by the MPO.
Exhibit"B": "Te91taf9ve-Project Schedule"
Start Date;:September 2014
End Date:.September 30, 2015
Exhibit "C"
$40,000 MPO Grant Program Funds
$10;000 Local Match (20%)
$50,000 Total Project Amount
Exhibit"D": "E-Verify"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-040-68
E-`�/SERIF" PROCUREMENT
T 01/11
Contract No: A5117
Financial Project No(s): 427605, 0021052
Project Description: FY 2015 Unified Planning Work Program Task 8.6 Municipal Grant
Program
Vendor/Consultant Miami Beach :acknowledges and agrees to the following:
g g 9
Vendor/Consultant Miami Beach shall utilize the U.S. Department of Homeland
Security's E-Verify system, in accordance with the terms governing use of the system,
to confirm the employment eligibility of;
1. all persons employed by the Vendor/Consultant Miami Beach during the
term of the Contract to perform employment duties within Florida; and
2. all persons, including subcontractors, assigned by the Vendor/Consultant
Miami Beach to perform work pursuant to the contract with the
Department.
Company/Firm: City of Miami Beach - -
Authorized Signature: --�
Title: City Manager
Date:
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MPO54/UPWP 2015/MGP FY 2015 Miami Beach Interlocal Agreement