Locally Funded Joint Participation Agreementaoo8-~, 6 s ~~ P
LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT
THIS LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT (hereinafter
`Agreement') is made and entered into this 1~ "day of `~~°.~'~: t t"j`~i:-i~"i~_ , 20081 between the CITY
OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the
`CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component
agency of the State of Florida, hereinafter referred to as the `DEPARTMENT'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (SR)
112/ 41st Street corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
patterned textured pavement crosswalks (which include concrete curb ramps, curb and gutter, brick
pavers, conduit, pull boxes, loop detectors, loop assemblies, pedestrian countdown signals, pedestrian
detectors, and pedestrian crossing signs) to various intersections along SR 112/41'` Street from Chase
Avenue to Pine Tree Drive; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed patterned
textured pavement crosswalks to various intersections along SR 112/41st Street, from Chase Avenue
to Pine Tree Drive, subject to the terms and conditions detailed in this Agreement; and
WHEREAS, the CITY shall fund the increased costs, under Financial Project Number
418238-6-52-02, associated with the installation of the patterned textured pavement crosswalks on
SR 112/41'` Street, from Chase Avenue to Pine Tree Drive, hereinafter collectively called the
`PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services", which is herein
incorporated by reference; and
Page 1 of l t
Locally Funded Joint Pnrticipation Agreement between the City of Miami Bcach
and the Florida Department of Transportation, Financial Project Number 418238-6-J1-02
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so.
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein
by reference and made a part hereof.
2. General Requirements
(a) A true and correct copy of the Resolution of the CITY Commission approving this
Agreement is attached hereto as Exhibit "C", `CITY OF MIAMI BEACH
RESOLUTION', and is incorporated herein by reference.
(b) The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A",
`Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the
funds provided by the CITY, as set forth in subsection (c) below.
(c) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00), for the PROJECT,
subject further to the provisions in Section 3 of this Agreement and as outlined in the
attachment Exhibit `B", "Financial Summary", which is herein incorporated by
reference.
(d) Notwithstanding subsection (c) above, the CITY will be responsible for all costs
associated with the PROJECT, subject to the provisions in Section 3 of the
Agreement.
Page 2 of I I
Locally Funded Joint Participation Agreement hetween the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-52-02
(e) The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT.
(f} Upon the receipt, authorization and encumbrance of funding received from the CITY
as a result of this Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
(g) The CITY agrees to execute a future Maintenance Memorandum of Agreement
(MMOA) for the PROJECT. The CITY will present said MMOA to the CITY
Commission for approval and execution during its September 2008 Commission
meeting.
3. Financial Provisions.
(a) The CITY agrees that it will, no later than thirty (30) calendar days after the
DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an
advance deposit in the amount of ONE HUNDRED SIXTY THOUSAND DOLLARS
($160,000.00) for payment of the estimated PROJECT cost for Locally Funded Project
Number 418238-6-52-02. The DEPARTMENT may utilize this deposit for payment
of the costs of the PROJECT.
(b) Should PROJECT modifications or changes to bid items occur that increase the
CITY's share of total PROJECT costs, as set forth in Section 2 (c), the CITY will be
notified by the DEPARTMENT in writing. The DEPARTMENT shall also notify the
CITY, in writing, as soon as it becomes apparent the actual PROJECT costs will
overrun the award amount. The CITY agrees to give reasonable consideration to
providing the additional funds for the PROJECT, subject to the approval of the CITY
Commission and in advance of the additional work being performed, to ensure that
Page 3 of 1 l
Locally Funded ./oint Participation Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-52-02
cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the
PROJECT. If additional funding is not available or is not approved by the CITY
Commission for the PROJECT, the CITY agrees to authorize the DEPARTMENT to
limit the PROJECT Scope of Services to that, which the available CITY funding as
committed in Section 2(c) of the Agreement, can cover and this agreement shall be
amended accordingly. If additional funding is approved, this Agreement shall be
amended accordingly. Additional PROTECT funds which have been approved by the
CITY that are not paid within forty (40) calendar days from the date of the invoice are
subject to an interest charge at a rate established pursuant to Section 55.03, Florida
Statutes (F.S.).
(c) The DEPARTMENT shall have its final and complete accounting of all costs incurred
in connection with the work performed hereunder within three hundred and sixty (360)
days of final payment to the DEPARTMENT Contractor. The DEPARTMENT
considers the PROJECT complete when the final payment has been made to its
Contractor, not when the construction work is complete. All PROJECT cost records
and accounts shall be subject to audit by a representative of the CITY for a period of
three (3) years after final close out of the PROJECT. The CITY will be notified of the
final cost. Both parties agree that in the event the final accounting of total PROJECT
costs pursuant to the terms of this Agreement is less than the total deposits to date, a
refund of the excess will be made by the DEPARTMENT to the CITY. If the final
accounting is not performed within three hundred and sixty (360) days, the CITY is
not relieved from its obligation to pay.
Page 4 of 1 1
Locally Funded Joint Participation Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-52-02
(d) In the event the final accounting of total PROJECT costs is greater than the total CITY
deposits to date, the CITY will pay the additional amount within forty (40) calendar
days from the date of the invoice from the DEPARTMENT, provided that any such
additional amount was approved by the CITY pursuant to the provisions of Section 3
(b) of the Agreement. The CITY agrees to pay interest at a rate as established
pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar
days until the invoice is paid.
(e) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit and as provided in the attached Memorandum of
Agreement (MOA) between Participant(s), Department and the State of Florida,
Department of Financial Services, Division of Treasury.
(f) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, 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 of the
Department that such funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of contracts
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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have
a term for a period of more than one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon execution
by the CITY and the DEPARTMENT and as of the date set forth on page one (1) hereof.
Page 5 of ] i
Locally Funded Joint Participation Agreement between tlae City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-52-02
5. Provisions Separable. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid or unenforceable by
virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of
the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each.
7. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made
and received when delivered (personally, by courier service such as Federal Express, or by
other messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth below:
(a) If to the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: Xavier Falconi, Transportation Manager
(b) If to the Department: Florida Department of Transportation
1000 NW 111 Avenue, Room 6202B
Miami, Florida 33172
Attention: Michelle L. Meaux, JPA Coordinator
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and
entire Agreement between the parties with respect to such subject matter and supersede any
and all other prior written or oral agreements between them with respect to such subject
matter.
Page 6 of l l
Locally Funded Joint Participation Agreement bettiveen the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 4!8238-6-52-U2
9. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be
considered as or constitute a continuing waiver or a waiver of any other breach of the same or
any other provision of this Agreement.
11. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b)
authorize anyone not a party to this Agreement to maintain an action pursuant to or based
upon this Agreement.
13. Other Documents. The parties shall take all such actions and execute all such documents
which may be reasonably necessary to carry out the purposes of this Agreement, whether or
not specifically provided for in this Agreement; provided that the parties further acknowledge
that certain additional actions by the CITY may require approval by the CITY Council, and,
to the extent such approval is required by applicable law, obtaining such approval shall be a
condition to the obligations of the CITY under this Section.
14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
judicial, administrative or other action to enforce or construe any term of this Agreement or
Page 7 of 1 1
Locally Fiancled ./oint Participation Agreement between the City of Mia~m~i Beach
and the Florida Department of Transportation, Financial Piroject Number 418238-6-52-OZ
arising from or relating to this Agreement shall lie exclusively in Miami-Dade County,
Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day
and year first above written, the CITY OF MIAMI BEACH, signing by and through its City
Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
CITY OF MIAMI BEACH STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
• J~ J
BY: BY:
C Y MAYOR DISTR C ETARY
ATTEST• ATTESTy r, r~~ - x'~-~~f z ` '-~~
(SEAL) CITY CLERK (SEAL) EXECUT~~VE SECRE'T'ARY
LEGAL REVIEW:
CITY AT ORNEY DISTRICT GENERAL COUN L
APPROVED AS TO
FORM & LANGUAGE
& FOFI,F~CECUTION
tS Z ' ~' y
ate
Page 8 of 11
Locally Funded ,joint Pm•ticipation Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Nz~mber 4~823~-6-52-02
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of constructing pedestrian improvements consisting of patterned
textured pavements crosswalks (patterned pavements crosswalks include concrete curb ramps, curb
and gutter, brick pavers, conduit, pull boxes, loop detectors, pedestrian countdown signals, pedestrian
detectors, and pedestrian crossing signs) installations at various intersections along 415` Street from
Chase Avenue to Pine Tree Drive in the CITY. The PROJECT is further defined in Attachment
"A1", PROJECT plans (incorporated herein by reference). The CITY has requested that the
patterned textured pavement crosswalks be of certain style that is consistent citywide and that been
installed by the DEPARTMENT at other crosswalk locations. The crosswalk design will consist of a
textured pavement pattern that is highly visible and safer for pedestrians.
PROJECT LIMITS: SR 112/4151 Street from Chase Avenue to Pine Tree Drive
DEPARTMENT Financial Project Number: 418238-6-52-02
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Ivan Hay, P.E. (305) 650-0008
CITY Project Manager: Xavier Falconi, Transportation Manager
Page 9 of 1 1
Locally Funded Joint Participation Agreement between the City of'Miami Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-~2-02
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 418238-6-52-02, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
2008/2009 $160,000.00 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 160,000.00
Incorporated herein by reference is Exhibit "B 1 ", cost estimate.
Page ] 0 of 1 l
Locally Funded Joint Participation Agreement between the City of Miumi Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-~2-02
EXHIBIT `C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
Page 11 of 1 1
Locally Funded Joint Participation Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 418238-6-52-02
EXHIBIT `C'
RESOLUTION NO. 2008-26848
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE, SUBJECT TO REVIEW AND APPROVAL
OF THE FINAL FORM BY THE CITY MANAGER AND CITY ATTORNEY'S
OFFICE, A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA
DEPARTMENT OF TRANSPORATION (FDOT) FOR THE CONSTRUCTION OF
CROSSWALKS AND PEDESTRIAN COUNTDOWN SIGNALS ON 41ST
STREET, FROM CHASE AVENUE TO PINETREE DRIVE, AS PART OF THE
FDOT PEDESTRIAN CORRIDOR IMPROVEMENT PROJECT; AND FURTHER
APPROPRIATING $160,000 IN CURRENCY MITIGATION FUNDS FROM
MIDDLE BEACH.
WHEREAS, State Road 112 41St Street is one of the Federal Classified Principal Urban
Arterials, which falls under the jurisdiction of the Florida Department of Transportation (FDOT);
and
WHEREAS, improvements along 41St Street are currently listed as Financial Project Number
418238 in the Metropolitan Planning Organization (MPO) 2008-12 Transportation Improvement
Plan (TIP); and
WHEREAS, the project work plan consists of constructing pedestrian improvements,
including Americans with Disabilities Act (ADA) compliant curb ramps and striping, at major
intersections along 41St Street, from Chase Avenue to Pine Tree Drive; and
WHEREAS, the City has requested that the pedestrian crosswalk striping be of a certain
style of textured stamped asphalt that is consistent Citywide; this design requires an additional
cost of $160,000 that must be provided by the City to FDOT; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve the appropriation of $160,000 from Concurrency Mitigation Funds to fund the
improvements, and further approve and authorize the Mayor and City Clerk to execute a Joint
Participation Agreement (JPA) with FDOT, subject to approval of the final JPA form by the City
Manager and City Attorney's Office.
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
approve and authorize the Mayor and City Clerk to execute a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) for the construction of crosswalks
on 41St Street, from Chase Avenue to Pine Tree Drive, as part of the FDOT Pedestrian Corridor
Improvement Project, subject to approval of the final JPA form by the City Manager and City
Attorney's Office; and appropriating $160,000 in Currency Mitigation Funds from Middle Beach.
PASSED AND ADOPTED this 16th day of July 2008.
ATTEST: ~G~
CI Y CLERK
Robert Parcher
T:\AGENDA\2D081Ju1y 16\Consent\ConcPed Reso July 16 2008.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving in substantial form
subject to final review by the City Manager and the City Attorney's office a Joint Participation Agreement (JPA), a~d
authorizing the Mayor and City Clerk to enter into a JPA with the Florida Department of Transportation (FDOT) forthe
construction of crosswalks and pedestrian countdown signals on 41St Street from Chase Avenue to Pine Tree Drive s
part of the FDOT Pedestrian Corridor Improvement Project; and appropriate $160,000 in Concurrency Mitigation
~,,.,,,~ frnm nn~~aip Raarh to he paid for by the City to FDOT. ,
Supporting Data (Surveys, Environmental Scan, etc.):
Transportation remains one of the most significant areas to address from the survey results (often mentioned as a key
quality of life issue). 24% of residents rated traffic flow excellent or goad, and 37% as poor. 35% of residents rat d
+ho ~.,~~~~h~r+,~ ~f nariPStrian trails and bicycle paths/lanes as excellent or ood, and 30% as oor. ',
Issue:
FDOT has recently started corridor improvements along 41 S Street. The project scope of work consists of cons ruc rhg
pedestrian improvements at major intersections along 41 S' Street from Chase Avenue to Pine Tree Drive. The City h~s
requested a scope modification for the pedestrian crosswalks. The City has requested the installation of text re
stamped asphalt crosswalks like the ones installed by FDOT at other crosswalk locations, such as on 4151 Street a d
Alton Road, instead of the stripped crosswalks planned in the project. The crosswalk design will consist of a textur~d
stamped asphalt pattern that is highly visible and safer for pedestrians. The request will also include the installation~of
pedestrian countdown signals at two intersections. The modified scope of work (design and construction) has an
additional cost of $160,000 that must be provided by the City to FDOT through the execution of a Locally Funded Joint
Participation Agreement (JPA) with FDOT.
I-manciar inrorm
Source of au~n.
Amount
Account
Funds: ~ $160,000 Middle Beach TCMA
2
~~ 3
~
BPI Total $160,000
Financial Impact Summary:
sr n-uns:
Department Director
Assistant City ager
City Manager j
FHB RC JMG
T:\P.GENDA120DBIJuIy 16\ConsentlConcPed sum July 16 2006.doc
v v
A ~ AGENQA ITEM C'~
,,- ~ ~! Y 1 ~ B ~~~ ~ DATE VJ-~6^0
m MIAMIBEACH
City of Miomi Beach, 170Q Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 16, 2008
suB~ECr: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE, SUBJECT TO REVIEWAND
APPROVAL IF THE FINAL FORM BY THE CITY. MANAGER AND CITY
ATTORNEY'S OFFICE, A JOINT PARTICIPATION AGREEMENT (JPA)
WITH THE FLORIDA DEPARTMENT OF TRANSPORATION (FDOT) FOR
THE CONSTRUCTION OF CROSSWALKS AND PEDESTRIAN
COUNTDOWN SIGNALS ON 41sT STREET, FROM CHASE AVENUE TO
PINETREE DRIVE AS PART OF THE FDOT PEDESTRIAN CORRIDOR
IMPROVEMENT PROJECT; AND FURTHER APPROPRIATING $160,000
IN CURRENCY MITIGATION FUNDS FROM M[DDLE BEACH TO BE PAID
FOR BY THE CITY TO FDOT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
This resolution is requesting a total appropriation of $160,000~from FY 2007-08 Concurrency
Mitigation Funds from Middle Beach.
ANALYSIS
State Road (SR) 112, 41St Street is a Federal classified Principal Urban Arterial underthe jurisdiction
of the Florida Department of Transportation {FDOT}. Improvemen#s along 41St Street are currently
listed as Financial Project Number 418238 in the Metropolitan Planning Organization (MPO) 2008-
12 Transportation Improvement Plan (TIP). The project work plan consists of constructing
pedestrian improvements; including American Disability Act (ADA) compliant curb ramps, standard
pedestrian crosswalk striping, and pedestrian countdown signals at major intersections along 41St
Street from Chase Avenue to Pine Tree Drive (See Attachment 1, Pedestrian Corridor Improvement
Plans).
The City has requested that FDOT modify this scope of work to include pedestrian crosswalks that
are of a certain style which is consistent with previous citywide applications installed by FDOT at
other crosswalk locations in the past, such as on 41St Street and Alton Road (See Attachment 2,
Textured Stamped Asphalt Crosswalks). This request has been made to upgrade the standard
crosswalk striping currently provided in the project. The crosswalk design will consist of a textured
stamped asphalt pattern that is highly visible and safer for pedestrians. The additional scope of
work will also include the installation of pedestrian countdown signals at two intersections. The
additional cost to the project for City requested changes will be $160,000 (See Attachment 3,
Pedestrian Corridor Improvement Project Cost Proposal). This funding must be provided by the City
to FDOT through the execution of a Locally Funded Joint Participation Agreement (JPA) with FDOT
(See Attachment 4, Locally Funded Joint Participation Agreement}. Due to fact that the project is
already in construction, it is recommended that the JPA be approved in substantial form subject to
final review by the City Manager and the City Attorney's Office while FDOT and the City work out
some minor details on the JPA language.
FDOT has begun general improvements on 4151 Street during the week of June 16, 2008, and
anticipates installing the crosswalks and pedestrian countdown signals by mid-August 2008.
CONCLUSION
The Administration recommends approving the Resolution.
Attachments:
1. Pedestrian Corridor Improvement Plans
2. Textured Stamped Asphalt Crosswalks
3. Pedestrian Corridor Improvement Project Cost Proposal
4. Locally Funded Joint Participation Agreement
JMGIRCM/FHB/ /XF/cl
T:IAGENDA12008Uu1y 161Conseni\ConcPed memo July 16 2008.doc
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