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HomeMy WebLinkAboutR-02-0023J-02-054 01/3/02 i 'i i I i i RESOLUTION NO. = '� A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THECITY MANAGER TO EXECUTE A JOINT PARTICIPATION] AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,i WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TOCONDUCT A PROJECT DEVELOPMENT AND ENVIRONMENTAL S UDY TO REALIGN A ONE -BLOCK PORTION OF THE ME ROMOVER ENTITLED "DUPONT PLAZA PROJECT - METROMOVER REALIGNMENT IN DOWNTOWN MIAMI". i WHEREAS, Chapter 163, Part II, Florid+ Statutes, establishes i the Local Comprehensive Planning and Land Development Regulation I Act (the "Act") wherein Subsection 163.317 (3), Florida Statutes, authorizes incorporated municipalities and counties to enter into agreements with each other to facilitate mutual interest; and WHEREAS, it is appropriate that the Florida Department of Transportation ("F planning for areas of City of Miami and the P") enter into a Joint Participation Agreement ("JPA") to provid+ funding from FDOT to i 'k 1;7,-- __._F CITY comrnsslox �.. Ji RosDluftan NO. implement a Project Development & Environmental ("PD&E") study for the DuPont Plaza Project - Metromover Realignment in Downtown Miami; and WHEREAS, Resolution No. 00-954, adopted October 26, 2000, supported the the realignment of one block of the elevated Metromover guideway that crosses the Interstate I--95 ramps and occupies the center of SE 3rd Street between SE 2n1 and 3rd Avenues, in order to promote economic growth in Downtown Miami; and WHEREAS, the DuPont Plaza project will (a) relief traffic congestion that occurs each time the Brickell Avenue Bridge is opened, (b) provide more efficient vehicle connections to I-95 via the downtown I-95 distributor ramps, (c) provide more efficient and safer pedestrian access, and (d) increase Metromover ridership; and WHEREAS, the DuPont Plaza project is a four-phase project, based on a funding package comprised of the Transportation Outreach Program ("TOPS"), FDOT, and private investments and the project requires TOPS funding for the first three phases; and Page 2 of 4 n.6:) s WHEREAS, TOPS allocated $480,000 for Phase 1 to complete a PD&E study for the realignment of the Metromover away from the I-95 ramps (Phase 3) and out of the center of SE 3rd Street, making Final Design (Phase 2) and the DuPont Plaza Project Roadway Improvement Program (Phase 4) feasible; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this resolution are adopted by reference and incorporated as if fully set forth in this section. Section 2. The City Manager is authorizedl� to execute a Joint Participation Agreement, in substantially the attached form, with the Florida Department of Transportation to conduct a project development and environmental study to realign a one -block portion of the Metromover entitled "Dupont Plaza Project -- Metromover Realignment in Downtown Miami". if The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 3 of 4 r • • Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 10th APPROVED AS TO FORM AND CORRECTNESS " /"' _ 7 L JANDRO VI ARELLO C Y ATTORN Y W5924:tr:LB day of January , 2002. NUEL A. DIAZ, OR If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 40)", Lb �� �. ':�p A STATE OF FLOR10A 0EPAWMENT"OF TRANSPORT'A FORM 72s43G em PUHUC TRANSM113TAMNS PUBLIC TR NlSP AMN -u= JOINTPAATICIPAMN AGREEMENT F*Ploft2 Financial Project No.: 41097619401 (I tem-segment-phase-sequ enc e) Contract No.: AL285 Fund: TOP Function: 215 Federal No.: NIA FLAIR Approp.: 085573 FLAIR Obj.: 750022 Org. Code: 55062020629 VendorNo.: F596000375096 Catalog of Federal Domestic Assistance Number: NIA Catalog of State Financial Assistance Number: 55022 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and CITY OF MIAMI 444 SW 2nd Avenue. Third Floor. Miami. FL 33136 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 339.137 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide Transportation Outreach Program (TOP) funding for FY 2001 TOP Project # 137 - DuPont Plaza Project - Metromover Realignment in Downtown Miami. The project involves the relocation of a one -block portion of the elevated Metromover guideway that crosses the 1-95 ramps and occupies the center of SE 3rd St. between SE 2nd and 3rd Ave. The TOP funds are for the Project Development & Environmental (PD&E) studies and preliminary design plans for the Metromover realignment and the supporting roadway improvements. and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Y•� 0FORM Maaa PUBLICTRMWAOMW UM 0 Pang 2 of 12 2.00 Accomplishment of the Project 2,10 General Requirements. The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in,a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Laver: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or cant' out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necesdary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 480,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department ParficFpat%n: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 480,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be, allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 1T.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding O is IS applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an anount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage O is is not applicable. if applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 0 • 6.00 Project Budget and Payment Provisions: coFW 72-9430 as r�crRn�- armQ �sasz 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department The Agency shall maintain said budget, carry out the-projectand shalt incur obligations agar nsrand make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shaft be effective unless it complies with fund participation requirements established in paragraph 4.O0 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year fie project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Govemments% separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received an account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency 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. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a property signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. v2— 0 7.60 Audit Reports: - air Page sot 12 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number; armt year, and rrarne• of the federal agency. State u W grants am to be identified with the Financial Project Number (FPN), contract number, and Catalog of State Financial Assistance (CSFB) numbers. 2. Audits shall be conducted under the guidelines of A-133, Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection farms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. 4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be: retairw6 untft the�aetkm is compteW or thedispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302--1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. in the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit 'C'. 8.00 Requisitions and Payments. 'Fr 1•.i FCM 725-030.06 PUBLIC TRANSRRQft. D'r/W R965atTZ 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Six Public Transportation Office 602 S. Miami Ave., Miami , FL, 33130 its requisition on a farm a forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shallbe submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency andwith all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment at the eligible_ casts_ However, notwithstanding any other provision otttus Agreernent, the. department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8 23 A.Wo ea[ by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement_ 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistanceto the project suspends or terminates federal financial assistance to the project_ In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department_ • PUBLIC rRRNSP RCrW- mroa NO 8 d t2 8.44 Payment offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency o*ng such amount it, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.0a Tennirtationr or Suspension of Project Md Termination or Suspension Generally: if the Agency abandons or, before completion, finally dwcontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 5.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. FOM rM032-m PuaucTRAP&W n0MW- anon Page Tal TZ 12.20 Compliance with Consultants' Competitive Wgotiaftiim Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation AcL At the discretion at the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance Wirth the Corwitant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 1231 ESEPol%y: it is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises Frave•the maximum aMortunity to compete Wand perbrFF( contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions Proh#bitIorts Controls, anct Labor-Provlsians. 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and t u-A employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or remitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development oroperation of the project, except contracts for the standard commercial supplies or raw materials, and shal I require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed byTitle VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Flights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1890 (APIA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. .FUM ns.ama-0a naiunW-air page adrl 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years ttmeafte, has any kderest, direct or indirect. If any such present orformer member, off-Scer, or employee involuntan'ly acquires or had acquired prior to the beginning of his tenure any such interest and it such interest is immediately ds'ssettosedto the Agency, the Agency with prior approval of ttTe Department; may waive the: prohibition cot stained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be includedin any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.50 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency. that the project will be carried out in conformance with all appikable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible forany liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.213 Department Not Obligated to Third Parties The Department shalt not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default_ 14.40 Horns Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder - 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perforin any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. c�rs'�a3o-as artu PMJD a of 12 14.70 Use anetMaintenance at Project Facilities and Equipment. The Ardency agrees that the project facilities and equipment will be used by the Agency to provide -or support pubb--tmnspart~abon far the period.of then sefut life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Qepartrrrent rive agency further agrees to maintaintty projectfaciTitfes and equipment irr good workingarder fartiv-- useful life of said facilitiesor equipment 14.77 Property Records: The agency agrees to maintain property records, conduct physical inventories and develop contror systems as required by 49 CFR Part 18, when applicable. 74.80 Dispamd cmtProject Facilities ar Egaipi;mt: If the Agency disposwof arry project facility orequipment during its useful life for any purpose except its replacement with like -facility or equipment for public tram use, the• Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shalt be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreeiment. 14.90 Contractual indemrrr`ty: To the extent provided bylaw, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any cialm, loss, damage, cost, charge, or expense arist out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept thefunding restrictions set forth in Section 3394135(6)(a), and Section 129:07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The: Department during any fiscal year shall not expend money, incur any Natality, or enter into any contract which, by its terms, involves ttte-expenditure of money in excess of the• anxwft budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made inviolation 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 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 (1) year, but any contract so made shall be executory only for the value of theservices to be rendered or agreed to be paid for in succeeding fiscal years. Section 339135(65)(a), Florida Statutes_ (b) it is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for_ Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party_ Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. F r25wo-oa PUMM7FUW"PA% T--MM(J- Page 10 atrz 15.00 Plans and Specifications: In the event thatthis Agreement involves the purchasing of capital equipment or the conshruding and equippingof facHities, the -Agency shall submit to the- Depadhrrrent for approval all appropriate - plans and specifications covering the project. The Department will review a I I plans and specifications and will issue to the Agerncy written approval with any approved partiomof the project and comments.or recommendations concerning any remainder of the pnMectdeemed appropriate- After resolubon of these comments and .ta the . Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient causefor nonpayment by the -Department as providedin paragraph 8.23. IGAM Praiect Couqgetion, Agency CerUkatiamThe Agency will certify in writing on or attached to the final invoice, that: the project was completed: in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title- is in the Agency and that the project is accepted by the Agency as suitable for the -intended purpose. 17.00 Appropr'tatim of Funds: t7.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) 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 an such contract. The Elepartment shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall preventthe making of contracts for periods exceeding 1 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 excros of 25,WO dollars and which have a term for a period of more than 1 year." 18.00 Exphatiorr of Agreement: The Agency agrees to complete the project on or before June 30, 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Six . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19-0Q Agreement Format 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_ 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument_ 2111A0 Reshictilorm arr L ahbying: R" Fawttdrz 21.10 Federal: -The Agency agrees that no federal appropriated funds have been. paid or will be paid by or on . behalf of.t#sa Agency, to any person for influencing or attempting.to.influencaaM,offi©eror employee of any federal.: agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of arty federa#-contrac, the making of any federal grant, the nuking of arty federal roan, tm- entering into of any cooperative- agreemert� and: the eklansian, cowra+ral, amendment or modification at any feller& contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds.have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress; or an employee of a Member of Congress in connection with this Joint Partiarr Agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying; in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.24 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights, Vendors (in this document identified as Agency) providing goods and services to the Department sh&j%d be aware, of the -following timeframes. Upon receipt, th&Deparbftent haefive-(S) W0016ag days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the tatter of the date the, invoice is received or the goods or services are received, inspected and approved. It a payment is not available within 40 days after receipt of the Invoice and meipt, inspection and approval of goods and services~ a separate interest penalty irr mance with Sectiorr 215.422(3)(b) will be due and payable, in adctitiorr to ft invoice amount to the Agency. The Interest penalty provision applies after a 36 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792- 23.00 -800-848-3792 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list" c �a Financiai Project!No: Contract Into. A 285- Ag[@ament Crate -- FUM72SQ o -aa =m�o� Page t2 at tz IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. CITY OF MIAMI NAME SIGNATURE TITLE FDOT See attached Encumbrance Forrrrfor date of Funding Approval by Comptroller LEGAL REVIEW DEPAWMENT OFTPANSMRTt*rKA DEPARTMENT OF TRANSPORTATION TITLE RECYCLED PAPER i0 2 2� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01 ENCUMBRANCE INPUT FORM COMPTROLLER -FIN ADMIN 03/98 RUSH (Needed by / / (date)) Reason for RUSH: _ Advertise (Letting Date) —Termination/Cert of Comp Award _ LOA _ Supplemental Renewal ___Y. Correction X New Addition Court Order Overrun Contract # AL285 Contract Type AH Method of Procurement G_ Vendor Name CITY OF MIAMI Vendor ID F596000375096 Has Written/Verbal Approval from a Participating Federal Agency been received _ Yes _ No Fed Agmt Amt State Funds $480,000 Local Funds Beginning date of this Agmt: 12/31/01 Must be after fund approval) Ending date of this Agmt: 0 6/3 0/03 (Estimate if necessary) Execution date of this Agmt: _/ /_(Only on original agreements) Has work been authorized to begin? _ Yes _X_ No Have standard financial provisions been altered by contract terms? _Yes _X_ No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes X No Brief Description of Work/Comment: FY 2001 TOP PROJECT # 137- DUPONT PLAZA PROJECT METROMOVER REALIGNMENT IN DOWTOWN MIAMI CSFA # 55022; RECIPIENT TYPE C ORO -CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT (FISCAL YEAR) (PROGRAM #) (FUND) alpha 55 062020629 *PT * 750022 * $480,000.00 *41097619401 *215 (01/02) (89) (TOP) ------------------------------------------------------------------------------------------------------ 55 xxxxxxxxx *xx * xxxxxx * $ * xxxxxxxxxxx *Xxx (xx/xx) (xxxx) ------------------------------------------------------------------ 55 xxxxxxxxx *xx* Xxxxxx * $ * xxxxxxxxxxx *XXX (Xx,lxx) (xxxx) -------------------------------------------------------- TOTAL AMOUNT * $480,000.00 * ------------------------------------------------------------------ Originator: J.R. GONZALEZ DATE SENT: 12/04/01 PH/SCA52-5804_ e-mail USERID(s)PE656JG TO BE COMPLETED BY OFFICE OF COMPTROLLER ****************************************************************** BUDGET ENTITY 55100300 CATEGORY 085573-02 WORK PROGRAM VERIFICATION OK Cl NEW/04 6S 0001 FUNDS APPROVED BY Josephine Jones FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 12/06/2001 11 6) � �� April 1995 FINANCIAL PROJECT NO. 41097619401 CONTRACT NO. AL285 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Miami: 444 SW 2"d Ave., Third Floor, Miami, FL 33136 dated PROJECT LOCATION: City of Miami, Miami -Dade County, Florida. PROJECT DESCRIPTION: The scope of work involves the Project Development & Environmental (PD&E) studies for the realignment of a one -block portion of the elevated Metromover guideway that crosses the I-95 ramps and occupies the center of SE 3rd St. between SE 2nd and 3rd Ave. and the supporting roadway improvements in Downtown Miami. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Approval of the invoice by the Department (person to whom the grantee sends the invoice for processing) must occur no later than five (5) calendar days after receipt of said invoice. January 25, 2000 in 9 FINANCIAL PROJECT NO. 41097619401 CONTRACT NO. AL285 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Cily of Miami: 444 SW 2"d Ave. Third. Floor Miami, FL 33136 dated I. PROJECT COST: Project Development & Environmental (PD&E) $ 446,400.00 Project/Grant Administration (7.0 %) $ 33,600.00* TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In -Kind Cash Other Maximum Department Participation $ 480,000.00 ( %) or $ (TOP) ( 100 % ) or $ 480,000.00 Federal Reimbursable (DU)(FRA)(DFTA) ( %) or $ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST $ 480,000.00 * upper Iimiting amount January 25, 2000 • EXHIBIT "C" (GENERAL) • ITEM NO. 41097619401 CONTRACT NO. AL285 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Cit�Miami: 444 SW 2" Avenue, Third Floor, Miami, FL 33136 dated This Agreement is in conformance with Section 339.137, Florida Statutes and Department's Procedure 725-000-005. A. Costs incurred prior to the execution date of this Agreement shall not be eligible for reimbursement under this Agreement. B. The Agency must submit an invoice to the Department no later than One Hundred Twenty (120) days after the period of services covered by said invoice. C. The Agency must submit the Final invoice to the Department no later than One Hundred and Twenty (120) days after the period of services covered by said invoice. D. A minimum of one site visit annually shall be conducted until such time as project is complete or Agreement is terminated, whichever occurs first. E. The Agency shall not execute any Third -Party Contracts without the prior written concurrence of the Department. The Agency is cautioned that certain Right -of -Way activities may not be delegated. Methods of procurement must comply with all federal, state, and local laws and regulations. September 1996 69-W c)`) Lj Jack L JISTRIc T 2 Alonso, Elvl G. VICE CHAIRMAN WINTON From: Walker,Jason Sent: Thursday, December 27, 2001 10:46 AM To: Alonso, Elvi G.; Medina, Lilia I Cc: Gimenez, Carlos; Turner, Clark Subject: winton_mem_dupont Honorable Mayor and January 10, 2002 Members of the City Commission DuPont Plaza Projects Johnny Winton City Commissioner It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to perform a Project Development and Environmental Study (PD&E) for the DuPont Plaza area, and adopt the attached Ordinance setting up the account to appropriate and disburse funds from FDOT to pay for the study. BACKGROUND The Florida Department of Transportation is the recipient of a grant from the State's Transportation Outreach Program (TOP) to conduct a Project Development and Environmental study of the DuPont Plaza area traffic redirection proposal. This proposal would require the relocation of a portion of the Metromover guideway, dedication of land to accommodate such relocation, and redirection of traffic movement from the present one-way system to a two-way system. It is believed that such a plan will largely solve the current traffic congestion in the area. The applicant for TOP funding was the Miami -Dade Transit Agency (MDTA). However, it is the desire of MDTA, concurred in by FDOT, that the project be administered by the City of Miami, because'it is located entirely within the City, involves local streets, and has been strongly supported by the City Commission in the past. A consultant to perform the work will be contracted through the competitive selection process of the Metropolitan Planning Organization (MPO). A total of $480,000 is allocated by FDOT for the PD&E work. No City funds will be required. An additional $1.5 million for detailed design work following completion of the PD&E has also been allocated through TOP for use in FY 2002-03. 12/27/2001