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2THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager October 7,2014 Agenda Item No.: A Resolution authorizing the City Manager to execute FY 2015 Metropolitan Planning Organization (MPO) Grant agreement with Miami- Dade County for the Pedestrian Safety and Mobility Infrastructure Improvements (Complete Streets Policy) in the amount of $40,000. The City of South Miami was awarded funding for the Pedestrian Safety and Mobility Infrastructure Improvements (Complete Streets Policy) in the amount of $40,000 through Miami-Dade County, Metropolitan Planning Organization. The grant will provide funding for a Complete Streets Policy upgrade, which aims to provide safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. As a corollary with the goals of the South Miami Intermodal Transportation Plan (SMITP), this project will update and amend the existing Land Development Code (zoning code) to implement smart growth, complete streets policies, and where necessary, the City's comprehensive plan will be updated to address these policy guidelines. The complete street policy measures would be required of all new development and redevelopment projects, where applicable. Where possible, the City would examine the feasibility of retrofitting existing facilities and infrastructure. The goals of the City is to achieve meaningful physical improvement while providing economic development tools and other means of achieving long-term community sustainability. The grant requires a 30% match, which totals to $17,143. The grant period begins upon the execution of this agreement and shall be completed within twelve (12) months from the date of execution and issuance of the Notice-to-Proceed. GRANT AMOUNT: $40,000.00 ATTACHMENTS: FY 2015 Grant Contract with Miami-Dade County, Metropolitan Planning Organization 1 RESOLUTION NO. ___ _ 2 3 A Resolution authorizing the City Manager to execute FY 2015 Metropolitan 4 Planning Organization (MPO) Grant agreement with Miami-Dade County 5 for the Pedestrian Safety and Mobility Infrastructure Improvements (Complete 6 Streets Policy) in the amount not to exceed $40,000. 7 8 9 WHEREAS, the Mayor and City Commission desire to accept the grant from Miami- 10 Dade County in an amount not to exceed $40,000; and 11 12 WHEREAS, the Agreement will provide funding for the Pedestrian Safety and Mobility 13 Infrastructure Improvements (Complete Streets Policy), which aims to provide safe access for all 14 users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities for an 15 estimated cost of$57,142.85; and 16 17 WHEREAS, the Agreement requires that the City contribute 30 percent of the actual 18 costs based on an estimate cost of $57,142.85 for the Pedestrian Safety and Mobility 19 Infrastructure Improvements (Complete Streets Policy); and 20 21 WHEREAS, the grant period begins upon the execution of this agreement and shall be 22 completed within twelve (12) months from the date of execution and issuance of the Notice-to- 23 Proceed, but this period might be extended with the consent of MPO; and 24 25 WHEREAS, the Mayor and City Commissioners desire to have the City Manager 26 execute the grant agreement. 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 31 32 33 Section 1: The City Manager is hereby authorized to execute the grant agreement with 34 the Miami-Dade Metropolitan Planning Organization (MPO) for the Pedestrian Safety and 35 Mobility Infrastructure Improvements (Complete Streets Policy) in the amount not to exceed 36 $40,000. The grant agreement is attached to this resolution. 37 38 Section 2: This resolution shall be effective immediately after the adoption hereof. 39 40 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for 41 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 42 not affect the validity of the remaining portions of this resolution. 43 44 Section 4. Effective Date. This resolution shall become effective immediately upon 45 adoption by vote of the City Commission. 46 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PASSED AND ADOPTED this __ , day of ___ , 2014. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY 2 APPROVED: MAYOR Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this ___ day of _______ , 2014, 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 South Miami Pedestrian Safety and Mobility Infrastructure Improvements Plan (Complete Streets Policy) and that South Miami has determined to provide the services for such study and its share of the costs thereof as provided below. WIT N E SSE T H: ARTICLE 1.00: The MPO does hereby retain South Miami to provide the services for the South Miami Pedestrian Safety and Mobility Infrastructure Improvements Plan (Complete Streets Policy), 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 South Miami Pedestrian Safety and Mobility Infrastructure Improvements Plan (Complete Streets Policy) 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 ofthe Notice-to-Proceed. ARTICLE 4.00: South Miami agrees to provide Project Schedule progress reports on a quarterly 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 Page 2 MFD54/UFWP2015/MGP FY 2015 South Miami Interlocal AgrEffilfflt Re..r 9-29-14 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 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 sub-consultants performing work on the project, and all other records of South Miami and sub-consultants Page 3 MP054/URNP 2015/MGP FY 2015 South Miami Interlocal Agr€ffilelll Rev 9-29-14 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. 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. Page 4 MP054/UPvVP2015/MGP FY 2015 South Miami Interlocal Agreement Re.t 9-29-14 SUB-ARTICLE 11.10: Ifthe 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. SUB-ARTICLE 1L20: 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. Page 5 MP054/UFWP 2015/MGP FY 2015 South Miami Interloc:al AgrfBTlel1t Re.t 9-29-14 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 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 8.1 0 ofthis 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 70% of such Project Costs. South Miami shall be responsible for the remaining Costs. South Miami shall invoice MPO quarterly for MPO's share of Project Costs in a format acceptable to the MPO Director or his designee and shall be paid therefore on a percentage of completion basis for each Task described in the Notice-to-Proceed executed in accordance with Article 2.00. South Miami shall invoice 100% of the MPO's share of the Project Cost upon completion of all Task Orders, as indicated under Exhibit "A". The total compensation to be paid by the MPO to South Miami hereunder shall not exceed $40,000. Page 6 MFD54fUFVVP2015fMGP FY 2015 South Miami Interlocal Agreernerlt Rev 9-29-14 SUB-ARTICLE 16.10: By executing this agreement South Miami commits to fund the 30% 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 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' negligence Page 7 MP054/UFWP2015/MGP FY 2015 South Miami Interlocal Agreement Rev 9-29-14 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 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 "C", Project Budget Exhibit "B", Project Schedule 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 ____ day of ____ ,2014. ATTESTED: By: ----------------- Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: __________________ __ City Attorney CITY OF SOUTH MIAMI By: _____________ _ City Manager MP054fUPvVP 2015fMGP FY 2015 South Miami Interlocal Agreem€flt Re.t 9-29-14 Page 8 FOR MIAMI-DADE MPO: ATTEST: Miami-Dade MPO Clerk of the Board By: ________________________ _ Irma San Roman, Executive Director By: ------------------------- Zainab Salim Date: Date: -------------------------------------------------- Approved as to Form and Legal Sufficiency By: -------------------------------- Assistant County Attorney Date: ------------------------------- MFD54/UFWP2015/MGP FY 2015 South Miami Interlocal Agreement Rev 9-29-14 Page 9 Pedestrian Safety and Mobility Infrastructure Improvements Plan (Complete Streets Policy) Exhibit A: Scope of Services It should be the goal of every city to have complete streets for all users. Streets are an important part of the livability of our communities. They ought to be for everyone, whether young or old, motorist or bicyclist, walker, wheelchair user or transit rider. But too many of our streets are designed only for speeding cars, or worse, creeping traffic jams. Incomplete streets -those designed with only cars in mind -limit transportation choices by making walking, bicycling, and taking public transportation inconvenient, unattractive, and, too often, dangerous. Without the proper policies in place, many users would not have the ability to safely walk or bike to their destinations, often leaving transportation-disadvantaged users without safe options to get to transit and their destinations. Complete streets are designed and operated to enable safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. Embracing the Complete Streets principles would enhance the everyday qualify of life for South Miami residents. Complete Streets drive both infrastructure and cultural changes. Shifting demographic trends show more people are choosing to live in walkable urban areas and desire access to several modes of transportation. This gives an increasing number of people the option not to choose automobiles for everyday travel. Complete Streets principles improve safety, lower transportation costs, provide transportation alternatives, encourage health through walking and biking, stimulate local economies, create a sense of place, improve social interaction, and generally improve adjacent property values. Approach & Objectives The approach entails soliciting public involvement to develop policies that would implement the City's efforts to enhance its transportation system and mobility choices for residents and visitors. Complete street policies involve the integration of all aspects of mobility, including vehicular, bicycle, pedestrian, and transit. The multidisciplinary approach will look at how to integrate development requirements that focus on: Pedestrian infrastructure such as wider sidewalks; traditional and raised crosswalks; median crossing islands and sidewalk bulb-outs Traffic calming measures such as lowering speeds of automobiles and defining the edges of automobile travel lanes, including center medians, shorter curb corner radii, elimination of free-flow right-turn lanes, and installation of street trees. Goals Bicycle accommodations such as protected or dedicated bicycle lanes, neighborhood greenways, wide paved shoulders, and bicycle parking Mass transit accommodations such as bus pullouts, transit signal priority and bus shelters Instituting a complete streets policy ensures that transportation planners and engineers consistently design and operate the entire roadway with all users in mind -including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities, increasing access to physical activity opportunities for all users. Changing policy to routinely include the needs of people on foot, public transportation, and bicycles would make walking, riding bikes, riding buses and trains safer and easier. People of all ages and abilities would have more options when traveling to work, to school, to the grocery store, and to visit family. Making these travel choices more convenient, attractive, and safe means people do not need to rely solely on automobiles. They can replace congestion-clogged trips in their cars with swift bus rides or heart-healthy bicycle trips. This project will update and amend the existing Land Development Code (zoning code) to implement smart growth, complete streets policies, and where necessary, the City's comprehensive plan will be updated to address these policy guidelines. The complete street policy measures would be required of all new development and redevelopment projects, where applicable. Where possible, the City would examine the feasibility of retrofitting existing facilities and infrastructure. The goals of the City is to achieve meaningful physical improvement while providing economic development tools and other means of achieving long-term community sustainability. The following items will be conducted: Review and evaluate the City's existing comprehensive plan and related goals, objectives and policies, as well as land development requirements, with the intent of adopting complete street policies with an emphasis on safety. Review of earlier available transportation related documents and plans. Consider policy types and the various elements of effective complete streets policy. Conduct at least one (1) public charrette workshop to include input from stakeholders. Identify local complete streets goals and measures. Address necessary policies and/or regulations needed to address existing deficiencies through-out the City. Develop a comprehensive regulatory framework to implement complete streets. Draft a complete street policy for adoption Exhibit B: Tentative Project Schedule Approval of Contractor January 2015 Contract Negotiations March 2015 Commencement of Project April 2015 Completion of Project December 2015 Exhibit C: Project Cost BUDGET CITY OF SOUTH MIAMI MPOGrant Match Funds Total Estimated Funds (30"10) Budget DIRECT COSTS: Contractual Services (Complete Street Policy) $ 40,000.00 $ 17,142.86 $ 57,142.85 Travel $ -$ -$ - Supplies $ -$ -$ - Equipment $ -$ -$ - Other direct costs $ -$ -$ - INDIRECT COSTS: Personnel $ -$ -$ - Other indirect costs $ -$ -$ - TOTAL ESTIMATED COSTS: $ 40,000.00 $ 17,142.86 $ 57,142.85 Exhibit "D": "E-Verify" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E-VERIFY 375-040-68 PROCUREMENT 01111 Contract No: A5117 Financial Project No( s): 427605, 0021052 Project Description: FY 2015 Unified Planning Work Program Task 8.6 Municipal Grant Program Vendor/Consultant 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: Date: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--- Page 13 M FD54/URNP 2015/MGP FY 2015 South Miami Inta-Iocal Agreement Rev 9-29-14