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
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CI Y CLERK
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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
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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
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City Morney
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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