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Res No 124-13-13942RESOLUTION NO. 124 -13 -13942 A Resolution authorizing the City Manager to execute FY 2013 Metropolitan Planning Organization (MPO) Grant agreement with Miami -Dade County for the South Miami Intermodal Transportation Plan (SMITP) in the amount of $21,000. WHEREAS, the Mayor and City Commission desire to accept the grant from Miami - Dade County in an amount of $21,000; and WHEREAS, the Agreement will provide funding for the South Miami Intermodal Transportation Plan, which aims to establish a safe network of sidewalks, trails, roadway improvements, neighborhood greenways, and bicycle lanes throughout the City; and WHEREAS, the Agreement requires matched funding of 30 percent or $6,300.00 for South Miami Intermodal Transportation Plan and; WHEREAS, the grant period begins upon the execution of this agreement and ends on June 30, 2014 and; WHEREAS, the Mayor and City Commissioners desire to have the City Manager execute the grant agreement; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section l: The City Manager is hereby authorized to execute the grant agreement with the Miami -Dade Metropolitan Planning Organization (MPO) for the South Miami Intermodal Transportation Plan in the amount of $21,000. The grant agreement is attached to this resolution. Section 2: This resolution shall be effective immediately after the adoption hereof. Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. Res. No. 124 -13 -13942 PASSED AND ADOPTED this 4th, day of June, 2013. ATTEST: C CLER READ AND APPROVED AS TO FORM LANGUA <LEGALITY EX ON THEREOF: VA 2 APPROVED: COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Harris: Yea Commissioner Newman: Yea Conunissioner Welsh: Yea South Miami All-ft edoacity CITY OF SOUTH MIAMI 111111 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Steven Alexander, City Manager 1 Date: June 4, 2013 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to execute FY 2013 Metropolitan Planning Organization (MPO) Grant agreement with Miami - Dade County for the South Miami Intermodal Transportation Plan (SMITP) in the amount of $21,000. BACKGROUND: The City of South Miami was awarded funding for South Miami Intermodal Transportation Plan in a total amount $21,000 through Miami -Dade County, Metropolitan Planning Organization. The grant will provide funding for the SMITP, which aims to aims to establish a safe network of sidewalks, trails, roadway improvements, neighborhood greenways, and bicycle lanes throughout the City, connecting residential areas with downtown shopping and dining, transit facilities (Metrorail and BRT) and M -Path. A main priority of this plan is to provide a safer environment for pedestrians, cyclists, and all modal users by promoting neighborhood greenways on residential streets with low volumes of auto traffic and low speeds, the use of traffic calming devices such as trees, speed tables pavement markings and signage. The grant requires a 30% match, which totals to $6,300 funded by People's Transportation Plan (PTP) funds. The grant period begins upon execution of this contract and ends on June 30, 2014. EXPENSE $21,000.00 ATTACHMENTS: Grant Contract with Miami -Dade County, Metropolitan Planning Organization INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 9th day of October , 2013, by and between the Miami -Dade Metropolitan Planning Organization (MPO), hereinafter called the MPO and the City of South Miami, hereinafter called South Miami. That the MPO and South Miami have determined to jointly fund. the Intermodal Transportation Plan and that South Miami has determined to provide the services for such study and its share of the costs thereof as provided below. WITNESSETH: ARTICLE 1.00: The MPO does hereby retain South Miami to provide the services for the Intermodal Transportation Plan, which services are described in Exhibit "A ": "Scope of Services ", and Exhibit "B ": "Tentative Project Schedule ". The parties further agree that the project costs are provided in Exhibit "C ": "Project Cost." In addition, the E- Verify Certification provided in Exhibit "D" must be signed by the recipient. The referenced exhibits are attached hereto and made part hereof as though fully recited herein. Article 16.00 governs each party's obligations for its portion of the Project Cost. ARTICLE 2.00: The MPO and South Miami mutually agree to furnish, each to the other, the respective services, information and items as described in Exhibit "A" Scope of Services, Exhibit "B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E- Verify Certification. The MPO agrees to furnish South Miami and its duly designated representatives information including, but not limited to, existing data and projects related to the study area which may be available in other governmental offices. South Miami agrees to perform or cause to be performed, in a timely and professional manner, the work elements set forth in the above - enumerated Exhibits, in accordance with the Schedule set forth in Exhibit "B ". Before initiating the work described in Exhibits "A ", "B" and "C ", the MPO Director or his designee shall execute and issue South Miami a Notice -to- Proceed with the work described in said Exhibits, such work to constitute performance of the Intermodal Transportation Plan as set forth in said Exhibits. ARTICLE 3.00: The services to be rendered by South Miami shall be commenced subsequent to the execution and issuance of the Notice -to- Proceed and shall be completed within twelve (12) months from the date of execution and issuance of the Notice -to- Proceed. ARTICLE 4.00: South Miami agrees to provide Project Schedule progress reports on a monthly basis and in a format acceptable to the MPO Director. The MPO Director shall be entitled at all times to be advised, at his request, as to the status of work being done by South Miami and of the details thereof. Coordination shall be maintained by South Miami with representatives of the MPO. Either parties to the agreement may request and be granted a conference.. ARTICLE 5.00: In the event there are delays on the part of the MPO as to the approval of any of the materials submitted by South Miami or if there are delays occasioned by circumstances beyond the control of South Miami which delay the Project Schedule completion date, the MPO Director or his designee may grant South Miami, by a letter an extension of the contract time, equal to the aforementioned delays, provided there are no changes in compensation or scope of work. It shall be the responsibility of South Miami to ensure at all times that sufficient contract time remains within which to complete services on the project and each major Task Group as designated with roman numerals on the Exhibits. In the event there have been delays which would affect the project completion date or the completion date of any major Task Group, South Miami shall submit a written request to the MPO Director or his designee twenty (20) days prior to the schedule completion date which identifies the reason(s) for the delay and the amount of time related to each reason. The MPO Director or his designee will review the request and make a determination as to granting all or part of the requested extension. Scheduled completion dates Page 2 MP054WWP FY2014/MGP FY 2014 South Miami Interlocal Agreement 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 South Miami has not requested, or if the MPO Director or his designee has denied an extension of the completion date, partial progress payments will be stopped on the date time expires. No further payment for the project will be made until a time extension is granted or all work has been completed and accepted by the MPO Director or his designee. ARTICLE 6.00: South Miami 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 South Miami may consider necessary. ARTICLE 7.00: The MPO shall not be liable for use by the South Miami of plans, documents, studies or other data for any purpose other than intended by the terms of this Agreement. ARTICLE 8.00: All tracings, plans, specifications, maps, and /or reports prepared or obtained under this Agreement shall be considered research and shall become the property of the MPO without restriction or limitation on their use; and shall be made available, upon request, to the MPO at any time. Copies of these documents and records shall be furnished to the MPO upon request, verbal or written, allowing reasonable time for the production of such copies. SUB ARTICLE 8.10: Records of costs incurred by South Miami and all subconsultants performing work on the project, and all other records of South Miami and subconsultants considered necessary by the MPO for proper audit of project costs, shall be furnished to the MPO upon request. Whenever travel costs are included in the performance of services set forth in Exhibits "A ", "B" and "C ", the provisions of Metropolitan Miami -Dade County Administrative Order 6 -1, shall govern or Florida Statues, whichever is more restrictive. Page 3 MP054/UPWP FY2014/MGP FY 2014 South Miami Interlocal Agreement South Miami 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 South Miami in conjunction with this Agreement. Failure by South Miami to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the MPO Director. ARTICLE 9.00: South Miami shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance or work under this contract. SUB ARTICLE 9.10: On January 4, 2011, Governor Rick Scott signed Executive Order Number 11 -02 relating to verification of employment status (the "Order "). The Order directs all agencies under the direction of the Governor to include as a condition of all state contracts a requirement that the contracting party utilize the U.S. E- Verify system to "verify the employment of. (a) all persons employed during the contract term by the contractor to perform work pursuant to the contract with the state agency ". South Miami agrees to comply with the requirements of the Order and execute Exhibit "D ". ARTICLE 10.00: The MPO agrees to pay South Miami 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 South Miami is not satisfactory, the MPO Director shall have the option of (a) immediately terminating the Agreement or (b) notifying South Miami 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. Page 4 MP054/UPWP FY2014/MGP FY 2014 South Miami Interlocal Agreement SUB ARTICLE 11.20: If the MPO Director requires termination of the Agreement for reasons other than unsatisfactory performance of South Miami, the MPO Director shall notify South Miami 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, South Miami 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: South Miami warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for South Miami, 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: South Miami agrees that it shall make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit Page S MP054/UPWP FY2014/MGP FY 2014 South Miami Interlocal Agreement to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of this Agreement, without first notifying the MPO Director or his designee and securing its consent. South Miami also agrees that it shall not copyright or patent any of the data and /or information furnished in compliance with this Agreement, it being understood that, under Article 8.00 hereof, such data or information is the property of the MPO. This Section shall not be construed to limit or restrict public access to documents, papers, letters or other material pursuant to Article 8.10 of this Agreement. ARTICLE 15.00: The MPO shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid on such contract. ARTICLE 16.00: Payment of project costs - It is mutually agreed and understood that the Project Costs shall be as provided in Exhibit C. MPO shall pay South Miami 80% of such Project Costs. South Miami shall be responsible for the remaining Costs. South Miami shall invoice MPO monthly for MPO's share of Project Costs in a format acceptable to the MPO Director or his designee and shall be paid therefore on a percentage of completion basis for each Task described in the Notice -to- Proceed executed in accordance with Article 2.00. South Miami shall invoice 100010 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 South Miami hereunder shall not exceed $21,000. SUB - ARTICLE 16.10: By executing this agreement South Miami commits to fund the $6,300 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 South Miami reflect inaccurate, incomplete or non- current costs. All such adjustments shall be made within 60 days following the end of the Page 6 MP054 /UPWP FY2014 /MGP FY 2014 South Miami Interlocal Agreement Agreement. For purpose of this Agreement, the end of the Agreement shall be deemed to be the date of final billing or acceptance of the work by the MPO Director or his designee, whichever is later. ARTICLE 17.00: Standards of Conduct - Conflict of Interest - South Miami 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. South Miami 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 South Miami or any employee, servant, or agent of South Miami is indicted or has direct information issued against him for any crime arising out of or in conjunction with any work being performed by South Miami 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. South Miami 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, South Miami shall indemnify and save harmless the MPO from any and all claims, liability, losses and causes of action arising out of South Miami's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify the MPO for any liability or claims arising out of the negligence, performance, or lack of performance of the MPO. To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the MPO shall indemnify and save harmless South Miami from any and all claims, liability, losses and causes of action arising out of the MPO's negligence or other Page 7 MP054/UPWP FY2014/MGP FY 2014 South Miami Interlocal Agreement wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify South Miami for any liability or claims arising out to the negligence, performance, or lack of performance of South Miami. 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 9th day of October , 2013. ATTEST: MIAMI -DADE COUNTY FLORIDA By The Governing Board of Metropolitan PlanningOrganization(MPO) ��... Print Name►w+e,rq�S Director, MPO ecretariat Approved as to form and Legal Sufficiency Page 8 MP054/UPWP FY2014/MGP FY 2014 South Miami Interlocal Agreement ID (6 t 13 Fate -�, ATTEST: TOWN OF SOUTH MIAMI By: Print Name .� � t✓ �? �J South M' uthorized Representative B(. -0 Z rint Name Sou Mia i Project Manager MP054"WP FY2014/MGP FY 2014 South Miami interlocal Agreement Page 9 Exhibit A: Scope of Services The South Miami Intermodal Transportation Plan (SMITP) is part of a continuing effort to enhance the transportation system and mobility choices for the residents and visitors to the City of South Miami and aims to establish a network of sidewalks, trails, roadway improvements, neighborhood greenways *, and bicycle lanes throughout the City, connecting residential areas with downtown shopping and dining, transit facilities (Metrorail and BRT) and M -Path. A main priority of this plan is to provide a safer environment for pedestrians, cyclists, and all modal users by promoting neighborhood greenways on residential streets with low volumes of auto traffic and low speeds, the use of traffic calming devices such as trees, speed tables pavement markings and signage. The purpose of this study is to: Review and evaluate the City's existing transportation network in conjunction with the City's Comprehensive Plan, Land Development Codes, and the County's Unified Planning Work Program, and develop an intermodal mobility plan for the City and surrounding activity nodes. During the evaluation process, the Consultant will address prior transit - related studies of the City of South Miami. 2. Develop a comprehensive intermodal transportation plan based on smart growth principles that improve accessibility for all modes of transportation with an emphasis on safety, and to provide recommended improvements based on current and projected future conditions. The SMITP is a community based transportation plan that will provide for convenient and efficient use of motorized and non - motorized transportation and address such issues as vehicular circulation and parking, pedestrian /bicyclist movements, and public transportation, resulting in short and long term strategies for implementation of the resultant plan. The primary objective of such a plan, once implemented, is to provide people with sustainable, viable and effective alternatives to personalized motorized vehicles, to reduce vehicle trips, and to reduce vehicular congestion. The successful firm will be requested to conduct at least one (1) public charrette prior to the development of the SMITP. 4. The plan should provide a blueprint for developing a citywide system that serves all modal user groups, including commuting, recreational and utilization trips. 5. Review and analyze existing trails, sidewalks, bicycle paths, activity nodes and roadway network within the City and coordinate with neighboring to ensure connectivity for a larger bike, pedestrian, and trails network. b. Review earlier transit related studies. MPO54 /UPWP FY2014 /MGP FY 2014 South Miami Interlocal Agreement 7. Review capital improvement projects to ensure that needs of non - motorized users (including) pedestrians, bicyclists, and persons with disabilities) are considered in programming, planning, maintenance, construction, operations, and project development activities. 8. Conduct at least one (1) public charrette workshop to include input from stakeholders. 9. Enhance and expand the network of new trails, sidewalks, and bicycle paths, to provide safe non - motorized connections to activity nodes such as schools, parks, hospitals, transit and shopping centers. 10. Enhance pedestrian crossings, landscaping, lighting, directional signage, and other amenities. 11. Define the "spine" of the greenway system along existing and future travel network. 12. Define the priority for greenways implementation. 13. Recommend a plan for future trailheads and trail amenities (locations and quantities for benches, trash cans, etc.). 14. Recommend improvements to existing roadways, sidewalks, bike lanes, sharrows and bioswales; recommend locations for additional sidewalks, bike lanes, sharrows and bioswales. 15. Recommend traffic calming improvements on neighborhood streets. 16. Provide recommendations for way - finding ( signage) and pavement markings to direct users to preferred and nearby destinations, and alert drivers of non - motorized users. MP054 /UPWP FY2014 /MGP FY 2014 South Miami Interlocal Agreement Exhibit B: Tentative Project Schedule Approval of Contractor May 2013 Contract Negotiations June 2013 Commencement of Project July 2013 Completion of Project December 2013 MP054 /UPWP FY2014 /MGP FY 2014 South Miami Interlocal Agreement Exhibit C: Project Cost BUDGET CITY OF SOUTH MIAMI MP054 /UPWP FY2014 /MGP FY 2014 South Miami Interlocal Agreement MPO Grant Funds Match Funds (30•x) Total Estimated Budget DIRECT COSTS: Contractual Services (Intermodal Transportation Plan) $ 21,000.00 $ 6,300.00 $ 27,300.00 Travel $ - $ - $ - Supplies $ - $ - $ - Equipment $ - $ - $ - Otherdirectcosts $ - $ - $ - I N DI RECT COSTS: Personnel $ - $ - $ - Otherindirectcosts $ - $ - $ - $ 21,000.00 I $ 6,300.00 $ 27,300.00 TOTAL ESTIMATED COSTS: MP054 /UPWP FY2014 /MGP FY 2014 South Miami Interlocal Agreement Exhibit "D ": "E- Verity" STATE OF FLORIDA DEPARTMENT OF l RANSF?QRT!€TTN� �� � 375- 040 -68 ^� - E -VERIFY RI FY PROCUREMENT Y T O1 /I1 Contract No: A5117 Financial Project No(s): 4239151 2522051 Project Description: FY 2014 Unified Planning Work Program Task 8.6 Municipal Grant Program Vendor /Consultant South Miami acknowledges and agrees to the following: Vendor /Consultant South Miami 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 South Miami during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Vendor /Consultant South Miami to perform work pursuant to the contract with the Department. Company /Firm: South Miami Authorized Signature: Title: aZ2 a!�ef Date: -fa4 a/. Q61---;5 MP054 /UPWP FY2014 /MGP FY 2014 South Miami [nterlocal Agreement