20151209 SM2MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Gommission Chambers, 3rd Floor, 1700 Gonvention Center Drive
December 9,2015
Mayor Philip Levine
Com missioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Comm issioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Comm issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any tobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Gode
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsP An Ordinance Amending Miami Beach City Code Chapter 2, Article Vll, Division 5 Entitled
"Campaign Finance Reform," ByAdding Thereto Section 2-4gl Entitled "Prohibited Lobbying By
Campaign Consultants," Prohibiting Campaign Consultants And Certain Affiliated Persons Or
Entities From Lobbying City Commission For 12 Months Subsequent To Swearing ln Of Subject
Elected Official(s), Establishing Definitions, And Limited Exemption; Providing For Repealer,
Severability, Codification, And An Effective Date. 10:31 a.m. Second Readinq Public Hearinq
(Sponsored By Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(First Reading on October 14,2015 - RsP)
1
Supplemental Material 2, December 9, 2015
R7R A Resolution Authorizing The MayorAnd City Clerk To Execute An Agreement Between The City Of
Miami Beach And Kimley-Horn And Associates, lnc., For The Preparation Of Environmental Analysis
For Miami Beach Transit Projects lncluding The Beach Corridor Transit Connection Project And
Related Services, Pursuant To Request For Qualifications (RFO) No. 2015-213-KB,
( P rocu re me nt/Tra n s portation )
(Agreement)
2
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Ciry of *tiomi Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www,miomibeochfl.gov
OFFICE OF THE CITY ATTORNEY
RAUIJ. AGUIIA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FRoM: RAUL J. ^GU.LA^Y
O, ?
CITY ATTORNEY
DATE: OCTOBER 14,2015
SUBJEGT: INCREASING STRINGENCY OF CITY OF MIAMI BEACH ETHICS
LAWS BY AMENDING CITY CODE CHAPTER 2, ARTICLE VI!..STANDARDS OF CONDUCT'" DIVISION 5 ENTITLED..CAMPAIGN FINANCE REFORM," BY ADDING THERETO
SECTION 2491 ENTITLED "PROHIBITED LOBBYING BY
CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR
ENTITIES FROM LOBBYING CITY COMMISSION FOR 12
MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT
ELECTED OFFICTAL(S), ESTABLTSHTNG DEFtNtTtONS, AND
LIMITED EXEMPTION; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Deede Weithorn, the attached ordinance has
been drafted for the purpose of amending the City's Campaign Finance laws so as to
include therein a city law prohibiting campaign consultants from lobbying the City
Commission.
This amendment to the City's ethics laws serves to augment the City's intent of good
government, and will once more place the City of Miami Beach at the forefront of local
ethics legislation. The attached ordinance is thus ready for City Commission review and
deliberation.
Agenda ltem
Date
R5Pw
3
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VI!, DIVISION 5 ENTITLED..CAMPAIGN FINANCE REFORM,'' BY ADDING THERETO
SECTION 2491 ENTITLED "PROHIBITED LOBBYING BY
CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS
OR ENTITIES FROM LOBBYING CITY COMMISSION FOR
12 MONTHS SUBSEQUENT TO SWEARING IN OF
SUBJECT ELECTED OFFtC!AL(S), ESTABLISHTNG
DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, corruption and the appearance of corruption in the form of campaign
consultants exploiting their influence with City elected officials on behalf of private
interests may erode public confidence in the fairness and impartiality of City
governmental decisions; and
WHEREAS, the City of Miami Beach has a paramount interest in preventing
corruption or the appearance of corruption which could result in such erosion of public
confidence; and
WHEREAS, prohibitions on campaign consultants lobbying former
clients/members of the City Commission will protect public confidence in the electoral
and governmental processes. lt is thus the purpose and intent of the people of the City
of Miami Beach in enacting this Ordinance to prohibit campaign consultants from
exploiting or appearing to exploit their influence with City elected officials on behalf of
private interests.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article Vll, Division 5 entitled
"Campaign Finance Reform," is hereby amended by adding the following City Code
section 2491 entitled "Prohibited Lobbying by Campaign Consultants" to read as
follows:
4
Sec. 2-49'1. Prohibited Lobbying by Campaign Consultants.
A. Prohibition.
No campaign consultant shall lobby the City Commission for a period of 12
months following the swearing in of any elected official(s) for whom the campaign
consultant provided campaign consulting services within the past election cycle.
B. Definitions.
(a) "Campaign consultant" means any person or entity that receives or is
promised economic consideration in exchange for campaign consulting services to a
candidate for elected office in the City of Miami Beach.
(1) "Campaign consultant" shall include any individual who has an ownership
interest of 104/o or greater in the campaign consultant, and any employee of the
campaign consultant, except as otherwise excepted below.
(2) "Campaign consultant" shall not include:
i) any vendor for a campaign whose primary responsibility is to supply
goods or
clerical;
services for a campaign.
ii) an employee of a campaign consultant whose sole duties are primarily
or
iii) an employee of a campaign consultant who did not personally provide
campaign consulting services.
(b) "Campaign consulting services" means primary responsibility for campaign
management or campaign strategy.
(c) "Campaign management" means conducting, coordinating or supervising a
campaign to elect a candidate.
(d) "Campaign strategy" means formulation of plans for the election of a
candidate.
(e) "Candidate" shall have the meaning ascribed to such term in Florida Statutes,
section 97.021(5), as amended and supplemented.
(f) "Economic consideration" means any payments, fees, commissions, gifts, or
anything else of value received directly or indirectly as consideration for campaign
consulting services. The term "economic consideration" does not include
reimbursements for out of pocket expenses.
(g) "Past election cycle" means the subject immediately preceding City of Miami
Beach General Election/Special Election held for the purpose of electing a member of
the City Commission.
(h) "Lobby" for purposes of this Code Section shall mean the act of seeking to
encourage the passage, defeat or modification of any ordinance, resolution, action or
decision of any member of the City Commission.
C. Limited Exemption.
A campaign consultant who has within the past election cycle provided
campaign consulting services to an incumbent member of the City Commission, and
has entered into a lobbying contract prior to the effective date of the ordinance creating
this code section, the term of which lobbying contract includes the subject proscribed 12
5
month period established in Subsection A above, is exempt from the proscription herein
with limited regard to that subject lobbying contract.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of ,2015.
PASSED and ADOPTED this day of
ATTEST:
,2015.
Philip Levine
Mayor
Rafael E. Granado
City Clerk
Requested by Commissioner Deede Weithorn
. APPROVED A9 TO
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR
ENVIRONMENTAL ANALYSIS SERVICES PURSUANT TO
RFQ 2015.213.K8 PREPARATION OF ENVIRONMENTAL ANALYSIS FOR MIAMI
BEACH TRANSIT PROJECTS INGLUDING THE BEACH CORRIDOR TRANSIT
CONNECTION PROJECT AND RELATED SERVICES
This Professional Services Agreement ("Agreement") is entered into this day of
December,2015, between the GITY OF MIAMI BEAGH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and @!gy!lry5!
Associates. lnc., a @, whose address is 1221 Brickell Avenue,
Suite 400. Miami. FL 33131(Consultant).
Agreement:
City Manager:
Consultant:
Services:
Fee:
SECTION 1
DEFINIT!ONS
This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
The chief administrative officer of the City.
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
All services, work and actions by the Consultant performed or
undertaken pursuant to the Agreement.
Not to exceed amount paid to the Consultant pursuant to this
Agreement.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2015-
213-KB for Preparation of Environmental Analvsis for Miami
Beach Transit Proiects lncludinq the Beach Corridor Transit
Connection Proiect and Related Services, together with all
amendments thereto, issued by the City in contemplation of this
Agreement, BE, and the Consultant's proposal in response thereto
(Proposal), all of which are hereby incorporated and made a part
hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following
order of precedent shall prevail: this Agreement; the RFQ; and the
Proposal.
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6435: and fax number (305) 673-7023.
Asenda rtem R7 R
Date-t
Risk Manager:
10
Consultant Service Order: "Consultant Service Order" shall specifically describe and
delineate the particular services which will be required of Consultant
for the Project that is the subject of such order.
SECTION 2
SCOPE OF SERVIGES (SERVICES)
2.1 ln consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit "A" hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in the Consultant Service Order.
2.3 Consultant shall only comrnence any services, or portions thereof, upon issuance of a
Consultant Service Order by the City.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of three (3) years, with a two (2), one (1)-year
renewal options, to be exercised at the City Manager's sole option and discretion, by
providing Consultant with written notice of same no less than thirty (30) days prior to the
expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in the
Consultant Service Oder.
SECTION 4
FEE
4.1 ln consideration of the Services to be provided, Consultant shall be compensated
through individual Consultant Service Orders issued for a particular project, on a "fixed
fee" or "not to exceed" basis. Notwithstanding the preceding, the total fee paid to Consultant
pursuant to this Agreement shall be subject to funds availability approved through the City's
budgeting process.
4,2 The City shall pay the Consultant the "lump sum" amount identified in the approved
Consultant Service Order based on the Consultant's hourly rates set forth in Exhibit B,
attached hereto. Approved Additional Services shall be compensated in accordance with the
hourly rates set forth in Exhibit C. Consultant shall not commence any additional services
unless approved, in writing by the City. Any request for payment of additional services shall
be included in a Consultant payment request.
2
11
5.1
4.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty
(30) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
lnvoices shall include a detailed description of the Services (or portions thereof) provided,
and shall be submitted to the City at the following address:
Josiel Ferrer-Diaz. EI. Transportation Manaqer
Citv of Miami Beach
1700 Gonvention Center Drive
Transportation Departmentffi
iliami geach. Florida ggt39
SECTION 5
TERMINAT!ON
TERMINATION FOR CAUSE
lf the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Consultant of its violation of the particular term(s) of this Agreement, and shall grant
Consultant ten (10) days to cure such default. lf such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Consultant. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and all legal/equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against Consultant. The City shall be entitled to
recover all costs of such actions, including reasonable attorneys' fees.
TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENGE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BEGOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING REGEIPT BY THE CONSULTANT OF SUCH NOTICE. !F THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
GONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.2
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5.3 TERMINATION FOR INSOLVENGY
The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. ln such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMN!FICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers
and employees, from and against any and all actions (whether at law or in equity), liabilities,
losses, and expenses, including, but not limited to, reasonable attorneys'fees and costs, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, which
may arise from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, its officers, employees, agents, contractors, or any other person or entity acting
under Consultant's control or supervision, as a result of the Consultant's performance of the
Services pursuant to this Agreement.
The parties agree that one percent (1o/o) of the total compensat'ron to Consultant for
performance of the Services under this Agreement is the specific consideration from the City
to the Consultant for the Consultant's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of $1,000,000;
2. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $1,000,000 combined single limit
per occurrence, for bodily injury and property damage;
2. Consultant Professional Liability, in the amount of $200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
as to management and not less than "Class Vl" as to strength by the latest edition of Best's
lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificate for General Liability shall include the City as
an additional insured and shall contain a waiver of subrogation endorsement.
13
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Consultant specimen copies
of the insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATIO N J U RISDICTIONruE N U E/J U RY TRIAL WAIVE R
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
L!MITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$100,000, less any fee actually paid to Consultant under this agreement. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
$100,000, less any fee actually paid to Consultant under this agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount
in excess of $100,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement, less any fee actually paid to Consultant under this agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
14
lr NTENTTONALLY DELETEDI
SECTION 1O
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM - sPM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Consultant shall maintain any and all such records at its place
of business at the address set forth in the "Notices" section of this Agreement.
10.2 [NTENTTONALLYDELETED]
10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the
PUR 7068, Sworn Statement under Section
Crimes with the City's Procurement Division.
Consultant shall file a State of Florida Form
287.133(3)(a) Florida Statute on Public Entity
10.5 EQUAL EMPLOYMENT OPPORTUNITY
ln connection with the performance of the Services, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, intersexuality, gender identity, sexualorientation, disability, marital and familial
status, or age.
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of lnterest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly, which could conflict in any manner or degree with the
15
performance of the Services. The Consultant further covenants that in the performance of
this Agreement, Consultant shall not knowingly employ any person having such interest.
No member of or delegate to the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT:Kimley-Horn and Associate, lnc.
1221 Brickell Avenue, Suite 400
Miami, Florida 33131
Attn: Robert Lapore, P.E., Project Manager
City of Miami BeachTO CITY:
1700 Convention Center Drive
Transportation Department
4th Ftoor
Miami Beach, Florida 33139
Attn: Josiel Ferrer-Diaz, El, Transportation Manager
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. cefified mail, return receipt requested, hand
delivered, or by overnight delivery. ln the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would othenruise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLAN EOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
16
lf any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prlor negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONSULTANT'S GOMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 1 19.0701 of the Florida Statutes, if the Consultant meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as othenruise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Consultant upon
termination of this Agreement. Upon termination of this Agreement, the Consultant
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official
business of the City,
Consultant's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
ln the event the Consultant does not comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
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By:
Date:
lN WITNESS WHEREOF, the pa(ies hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
Date:
FOR CONSULTANT:
ATTEST:
Kimley-Horn and Associates, lnc.
Secretary Project Manager
R. Russell Barnes. lll. PE
By:
Print Name
Date:
Print Name i Title
Date:
APPRO/ED AS TO
FORM & UNGUAGE
I
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EXHIBIT A - SCOPE OF SERVICES
Preparation of Environmental Analysis for Miami Beach Transit Projects, including the
Beach Corridor Transit Connection Project and Related Services
Project Understanding
The City of Miami Beach and the Consultant (aka the Kimley-Horn Team) desire to set forth the general
terms and conditions whereby the Kimley-Horn Team will be engaged to provide professional consulting
services on one or more Projects (with respect to each engagement the "Project"), with the specifics to
each engagement to be set forth in an executed Consultant Service Order (CSO). The Kimley-Horn Team
will provide the services set forth below through separately negotiated and executed CSOs with
compensation budgeted in the CSOs.
The services to be provided shall support the City of Miami Beach staff in all aspects of advancing and
implementing the "Preparation of Environrnental Analysis for Miami Beach Transit Projects, including
the Beach Corridor Transit Connection Project and Related Services." The specifics of the work items
associated with these services have not been finalized at this time. Some of the services associated with
this program could include, but are not limited to planning; visioning; data collection and analyses;
environmental analyses aM permitting; stakeholder coordination and public engagement; reporting to
the City, State, and Federal agencies as required; design and engineering; procurement support and
other activities as necessary.
The general services to be rendered by the KHA Team will fall under the two main headings as outlined
by the City of Miami Beach:
1. Developing the scope and deliverables of the desired environmental analyses and documents in
order to expedite the implementation of the City of Miami Beach transit projects, including the
Miami Beach Component of the Beach Corridor Transit Connection Project; and
2. Reviewing and evaluating proposals, and developing agreements and supporting documentation
resulting from proposals, both from a technical and financial perspective, including Public-
Private Partnership (P3) proposals.
The following general scope items provide a description of the types and range of services that could be
authorized by the City of Miami Beach on an individual CSO basis. These tasks are not intended to be an
all-inclusive listing of tasks but a general description of the types of services that may be needed by the
City of Miami Beach under each of these two categories:
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Developing the scope and deliverables of the desired environmental analyses and documents in order to
expedite the implementation of City of Miami Beach transit proiects
Project Development and Engineering
Project Development and Engineering includes all services which facilitate the planning, designing, and
engineering of new transit systems and horizontal or vertical transit facilities, as necessary to define the
projects to a level necessary for environmental analyses and documentation and to advance projects
toward implementation through the appropriately determined project delivery method. Technical and
consulting services under this task may include but not be limited to:
o Aerial photography
o Geotechnical surveys
o Topographic surveys
o Subsurface utility exploration
o Utility assessment, conflict identification, coordination, and mitigation
o Origin and destination studies and market surveys
o Ridership estimation - regionaltravel demand modeling and corridor/mode specific applications
o Operations planning, route analysis, and performance assessment
o Fare collection
o Traffic engineering and corridor simulation
o Evaluation of dedicated transit lanes
o Bus rapid transit (BRT), Enhanced Bus Service (EBS), light-rail transit (LRT)/streetcar right-of-way and
guideway/track design
o Station/stop area design and streetscape planning
o Multimodal streetscape design
o lntelligent transportation systems, traffic signal operations, traffic management, signal prioritization
o Civil and structural engineering and design
o Systems engineering, communications, train control
o Power supply, traction power, substations
o Off-wire technologies and alternative propulsion
o Vehicle specifications and procurement
o Capital costs (opinion of probable costs) estimates
o Operating and maintenance costs estimates
o Maintenance and storage programming, location selection and site design
o Transit oriented design and development
o State-of-good repair assessment
o Right-of-way, real estate management
o Assessment of project finance and delivery methods
o Other services as deemed necessary to advance projects
o Miscellaneous tasks and services
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EnvironmentatAnalyses, Documentation, Compliance Assessment and Permitting
Environmental analyses, compliance assessment, and permitting includes the services necessary to
achieve environmental compliance, approvals and necessary permits (when applicable) for project
design, engineering, construction and implementation.
Depending on the potential of impact for transit projects affecting areas outside of the existing
transportation rights-of-way, the appropriate class of action could range from categorical exclusion (CE)
to a significantly more Environmental Assessment (EA), or Environmental lmpact Statement (ElS).
Engaging Federal involvement and funding in addition has further implications on the requirements for
environmental analyses and documentation. The Team will provide support in making an early
determination of the appropriate environmental class of action necessary. Technical and consulting
services under this task may include but not be limited to:
o Consult with the appropriate City, State and Federal agencies and stakeholders regarding
appropriate environmental class of action (Documented Cat Ex/EA/SEIR/ElS)
o Prepare project descriptions and define project purpose and need
o Environmental data collection, analysis and documentation including but not limited to:
o Social Resources and Effects Evaluation
o EnvironmentalJustice(EJ)
o Land Use
o Relocation Potential
o Visual and Aesthetics
o Cultural Resources
o Recreational, Section 4(f) Resources
o Natural Resources
o Wetlands and Essential Fish Habitat
o Floodplains
o Water Quality
o Special Designations
o Wildlife and Habitat
o Permit Conditions
o Noise and Vibration
o Air Qualityo Construction lmpact Analysis
o Contamination
o Utilities
o Prepare environmental documents (Documented Categorical Exclusion, Environmental
Assessment/Finding of No Significant lmpact, Environmental lmpact Statement/Record of Decision,
State Environmenta I lmpact Report)
o Permitting
o Other services as deemed necessary to advance projects
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Stakeholder Consensus and Documentation
Key stakeholders will be identified with the City of Miami Beach to provide an approach that considers
all project opinions. Technical and consulting services under this task may include but not be limited to:
o Agency Stakeholder Coordination
o Technical advisory committee (TAC) for technical advice
o One-on-one meetings with agencies and key stakeholders
o One-on-one meetings with elected officials
Public Coordination, Consensus and Documentation
An approach to public involvement will be developed with the City of Miami Beach that is inclusive and
considers all project opinions. Technical and consulting services under this task may include but not be
limited to:
o Public Engagement Plan
o Define Engagement Techniques
o ldentify Key Messages
o Link Engagement Activities to Project Schedule
o EngagementTechniques
o Web Site
o Social Media
o Public Meetings
o Business Outreach
o TechnicalAdvisoryCommittee
o Review Agency Coordination
o Public workshops, meetings and information sessions
o Prepare presentations, display, 3D models, videos, and animations
o Conduct public hearing(s)
Project Finance and Grant Development
The Kimley-Horn Team will support the City of Miami Beach in identifying funding strategies for projects,
and particularly identifying non-traditional sources of funding that support, leverage and even eliminate
the need for traditional federal funding programs. The Kimley-Horn Team's specific duties and
engagement will be better delineated with the application of each project. Technical and consulting
services under this task may include but not be limited to:
o lnitial screen of local, state, and federal funding options (capital and operating)
o High level screen of available funding options - table of funding options
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o ln partnership with the City of Miami Beach, develop guidelines for possible funding
sources
o Workshop with City of Miami Beach staff and the City's Financial Advisors and partners (as
defined by the City of Miami Beach) to discuss funding options and to narrow the list of
feasible funding options based on the guidelines and provide any support needed in order
for the City's Financial Advisors to develop forecasts of prioritized funding sources and
order of magnitude estimates for each funding option and to advance funding options
that appear viable into funding commitments necessary to move the project forward.
o Partner with the City of Miami Beach on the best strategies to move funding options forward
o ldentify preliminary steps to move the narrowed list of funding options forward and the
anticipated timing to do so
o Workshop with the City of Miami Beach and partners to finalize steps to move the finalized
funding options forwa rd
o Assist the City of Miami Beach with Grant applications for state or federal (TIGER) discretionary
grants (as needed)
Reviewing and evaluating proposals, both from a technical and financia! perspective,
including reviewing Public-Private Partnership (P3) proposals
The Kimley-Horn Team may be requested to participate in the development of requests for proposals
and/or the evaluation of proposals received, including unsolicited proposals. Technicaland consulting
services under this task may include but not be limited to:
o Development of proposal specifications for procurement solicitations
o Development of evaluation criteria for procurement solicitations
oWorking with the City of Miami Beach in conducting lndustry Forum(s) to solicit market interest at
the City of Miami Beach's discretion
o Evaluating proposals received
o Money value (cost effectiveness)
o Qualifications
o Performa nce specifications
oAssist in development of agreements resulting from proposals
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