HomeMy WebLinkAboutR-00-0842J-00-821
9/25/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVING THE PARTICIPATION
OF THE CITY OF MIAMI 'IN A JOINT PLANNING
EFFORT WITH MIAMI-DADE COUNTY METROPOLITAN
PLANNING ORGANIZATION ("MPO") TO ESTABLISH
AND IMPLEMENT A COMPREHENSIVE LONG-RANGE
TRANSPORTATION MASTER PLAN FOR THE DOWNTOWN
MIAMI AREA; FURTHER AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A JOINT PLANNING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SAID PURPOSE.
WHEREAS, Chapter 163, Part II, Florida Statutes, establishes
the Local Comprehensive Planning and Land Development Regulation
Act (the "Act"), wherein Section 163.3171(3),, Florida Statutes,
authorizes incorporated municipalities and counties to enter into
joint agreements to facilitate planning for areas of mutual
interest; and
WHEREAS, the City of Miami ("City") desires to enter into an,
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agreement with Miami Dade -County Metropolitan Planning
Organization (MPO) to jointly establish and implement a
comprehensive long-range Miami Downtown Transportation Master
Plan (the "Plan") for the downtown Miami area bounded
approximately by I-95 to Biscayne Bay and Southwest 26th Road to
Northwest 36th Street; and
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WHEREAS, the City is a.participant with the MPO, the Federal
Highway Administration, the Federal Transit Administration and
the Florida Department of Transportation in the planning study
and analysis which will result in recommendations that together
will comprise the Plan; and
WHEREAS, the City Commission adopted Resolution No. 00-640
on July 20, 2000, allocating an amount not to exceed $135,000 to
the MPO for the administration and preparation of transportation
studies for the Plan;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The participation of the City of Miami in a
joint planning effort with Miami -Dade County Metropolitan
Planning Organization ("MPO") to establish and implement a
Comprehensive Long -Range Transportation Master Plan for the
Downtown Miami area is hereby approved.
3. The City Manager is authorized" to execute a Joint
Planning Agreement with MPO, in substantially the attached form,
for said purposes.
3i 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.
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Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 28th day of September 2000.
JOE.CAROLLO, MAYOR
in accordance with Miami Code Sec. 2-36. since the Mavor dirt no* indicate approval of
this legislation by signma it in the designated place- .said
becorn .s offective with the elapse of ten (10) days, thc� e Commissi
regarding same, without the Ma or exerci ' a v
Watt r J. Foe tty Clerk ,
ATTEST:
WALTER J. FOEMAN
CITY CLERK�?/
APPROVED AS / FO AND CORRECTNESS
EJANORCr'VILARELLO
TY ATTORNEY
699:LB
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 3 of 3 00— 846
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JOINT PLANNING AGREEMENT
MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN
THIS AGREEMENT, made this , day of , 2000, is entered into by and
between the City of Miami, a municipal corporation of the State of Florida, (the "City");
and Miami -Dade County, a charter county of the State of Florida, for and on behalf of the
Miami -Dade County Metropolitan Planning Organization, (the "MPO")
WHEREAS, Chapter 163, Part II, Florida Statutes, establishes the Local
Government Comprehensive Planning and Land Development Regulation Act which,
under Subsection 163.3171 (3), authorizes incorporated municipalities and counties to
enter into agreements with each other to facilitate planning for areas of mutual interest;
WHEREAS, it is appropriate that the City and the MPO work jointly and enter
into an agreement to establish and implement a comprehensive long-range Downtown
Transportation Master Plan, covering the downtown Miami area, bounded approximately
by I-95 to Biscayne Bay and Southwest 26`h Road to Northwest 36`h Street (the "DTMP");
and
WHEREAS, the City of Miami is a participant with the MPO, the Federal
Highway Administration (the -,"FHA"), the Federal Transit Administration (the "FTA")
and the Florida Department of Transportation (the "FDOT"), have jointly prepared the
Scope of Services for the performance of a planning study and analysis that will result in
recommendations for the DTMP; and
WHEREAS, it is anticipated that the cost of the DTMP, estimated at $600,000,
will be paid by MPO from a fund created by the City, the MPO, the FHA, the FTA and
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the FDOT (collectively, the "Participants") for this purpose (the "Fund"), as more
particularly described hereunder; and
WHEREAS, MPO agrees not to incur any expenses, nor disburse any funds under
this Agreement, until all of the Participants have delivered to MPO their respective
contributions for the creation of the Fund.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the Parties agree as follows:
1. DESCRIPTION OF THE PLAN: The DTMP covers the downtown Miami
area bounded approximately by I-95 to Biscayne Bay and Southwest 26`h Road to
Northwest 36`h Street, hereinafter referred to as "the Area". The DTMP will provide a
comprehensive examination and re-evaluation of all Downtown Miami transportation
systems, and will include recommendations for the implementation of a modern
Downtown transportation model. The DTMP shall also offer guidance for future
transportation improvements in the Area.
2. COMMITMENT OF RESOURCES: The City, the MPO, and the other
Participants agree to provide the resources necessary to prepare the DTMP. It is the
intent of the parties that the MPO select a professional transportation consultant to
prepare the DTMP at a cost estimated at $600,000. The cost of the DTMP shall be
funded by all of the Participants by creating the Fund as follows: City, $135,000 (the
"City's Contribution"); MPO, $126,184; FHA and FTA, $134,316; and FDOT, $204,500.
The cost of the DTMP shall be paid by the MPO from the Fund. It is agreed that MPO
shall not expend any of the City's Contribution until all of the Participants have funded
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their respective obligations and the Fund is fully funded. In the event that the Fund is not
fully funded by March 30, 2001, then MPO shall return to the City the City's
Contribution, this Agreement shall become null and void, and all of the parties' rights and
obligations hereunder shall cease to exist. The City agrees to pay to MPO the City's
Contribution upon MPO's request.
3. SCOPE OF WORK: The MPO shall hire the services of qualified professional
transportation consultant (the "Consultant") to prepare the 'DTMP in accordance with the
terms and conditions of the Scope of Work attached hereto as Exhibit "A" and made a
part of this Agreement. The Consultant shall agree to perform the services in close
consultation with the Study Advisory Committee, to be created by the City and the MPO,
with input from the public through a comprehensive public participation process
4. EFFECTIVE DATE: The effective date of this Agreement shall be the
date on which the respective managers of Miami -Dade County and the City of Miami
execute this Agreement, or whichever is later.
5. TERM OF AGREEMENT: This Agreement shall be in effect for a period of
five years after the effective date, unless terminated in accordance with the provisions of
Section 2 above or as otherwise provided herein. This Agreement may be extended for
additional one-year periods upon the written authorization the County Manager of
Miami -Dade County and the City Manager of the City of Miami, subject to the
availability and appropriation of funds.
6. CANCELLATION OF AGREEMENT: Either Party may cancel this
Agreement at any time by giving written notice to the other Party requesting cancellation
of at least ten (10) business days prior to the effective date of such cancellation.. In the
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event of any cancellation under this section, each party shall bear its own costs incurred
as of the effective date of cancellation.
7. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The
Parties agree to comply with and observe all applicable federal, state and local laws,
rules, regulations, codes and ordinances, as they may be amended from time to time.
8. DEFAULT: If either Party fails to comply with any term or condition of this
Agreement, or fails to perform any of its obligations hereunder, then that Party shall be in
default. Upon the occurrence of a default hereunder, the Party not in default, in addition
to all remedies available to it by law may immediately, upon written notice to the Party in
default, terminate this Agreement. Both Parties understand and agree that termination of
this Agreement under this section shall not release the Party in default from any
obligation accruing prior to the effective date of termination.
9. NONDISCRIMINATION: Each Party represents and warrants to the other that
it does not and will not engage in discriminatory practices and that there shall be no
discrimination in connection with the performance under this Agreement on account of
race, color, sex, sexual orientation, religion, age, handicap, marital status or national
origin. Each Party further covenants that no otherwise qualified individual shall, solely
by reason of his/her race, color, sex, sexual orientation, religion, age, handicap, marital
status or national origin, be excluded from participation in, be denied services, or be
subject to discrimination under any provision of this Agreement.
10. ASSIGNMENT: This Agreement shall not be assigned by either Party, in
whole or in part, without the prior written consent of the respective governing boards of
the MPO and City.
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11. NOTICES: All notices or other communications required under this
Agreement shall be in writing and shall be given by hand -delivery or by registered or
certified U.S. Mail, return receipt requested, addressed to the other Party at the address
indicated herein or to such other address as a Party may designate by notice given as
herein provided. Notice shall be deemed given on the day on which personally delivered;
or, if by mail, on the fifth day after being posted or the date of actual receipt, or
whichever is earlier.
TO THE COUNTY:
M.R. Steirheim
County Manager
111 NW First Street, 291h Floor
Miami, FL 33128
TO THE CITY:
Carlos A. Gimenez
City Manager
444 SW 2nd Avenue — 10th Floor
Miami, FL 33130
Copy to: Copy to:
Guillermo E. Olmedillo, Director Ana Gelabert-Sanchez, Director
Department of Planning & Zoning Planning & Zoning Department
12. MISCELLANEOUS PROVISIONS:
(a) This Agreement shall be construed and enforced according to the laws of
the State of Florida.
(b) Title and paragraph headings are for convenient reference and are not a
part of this Agreement.
(c) No waiver of breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
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(d) This Agreement constitutes the sole and entire agreement between the
Parties hereto. No modification or amendment hereto shall be valid unless in
writing and executed by properly authorized representatives of the Parties hereto.
13. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on
the availability of funds and continued authorization for program activities and the
Agreement is subject to amendment or termination due to lack of funds, reduction of
funds and/or change in regulations, upon thirty (30) days notice.
14. ENTIRE AGREEMENT: This instrument and its attachments constitute the
sole and only agreement of the Parties relating to the subject matter hereof and correctly
set forth the rights, duties, and obligations of each to the other as of its date. Any prior
agreements, promises, negotiations, or representations not expressly set forth in this
Agreement, are of no force or effect.
15. COUNTERPARTS: This Agreement may be executed in two or more
counterparts, each of which shall constitute an original but all of which, when taken
together, shall constitute one and the same agreement.
16. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has
appointed an Emergency Financial Oversight Board (the "Oversight Board") that is
empowered to review and approve all pending City contracts. As a result, contracts shall
not be binding on the City until such time as the Oversight Board has approved them.
Attestation of this Agreement by the City Clerk shall constitute evidence of its approval
by the Oversight Board.
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17. AMENDMENTS:
This Agreement may be modified only by an agreement in
writing approved by the governing board or commission of the City and the County,
respectively.
18. SEVERABILITY: Should any provision, paragraph, sentence, word or phrase
contained in this Agreement be determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable under the laws of the State of Florida, Miami -
Dade County or the City of Miami, such provision, paragraph, sentence, word or phrase
shall be deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable, then same shall be deemed severable, and in either event, the remaining
terms and provisions of this Agreement shall remain unmodified and in full force and
effect or limitation of its use
In witness whereof, the Parties hereto have caused this agreement to be executed
by their undersigned officials as duly authorized.
Attest:
By:
Walter J. Foeman, City Clerk
By:
Deputy Clerk
CITY OF MIAMI,
municipal corporation of the State of Florida
By:
Carlos A. Gimenez, City Manager
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By:
M.R. Stierheim
County Manager
Date:
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Approved as to insurance
requirements:
Mario Soldevilla, Administrator
Risk Management Division
ORS/DTMPcln
Approved by County Attorney as
to form and legal sufficiency
Approved as to form and correctness:
Alejandro Vilarello, City Attorney
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0 DISTRICT 2
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDI COMMISSIONER WINTON
TO: Carlos Gimenez, City Manager DATE : September 8, 2000 FILE:
SUBJECT: Commission Agenda
FROM: Commissioner Winton REFERENCES:
ENCLOSURES:
Please place an item on the September 28, 2000 City Commission Agenda that approves
the coordination of a joint local agreement for the Downtown Transportation Master
Plan. The parties to the agreement will be the City of Miami, Miami -Dade County
Metropolitan Planning Organization, Florida Department of Transportation, the Federal
Highway Administration, and the Federal Transit Administration.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM
Ci
RECOMMENDATION
DATE : JCt' SE 1 2000 FILE:
SUBJECT:
Downtown Transportation
Master Plan, Joint Planning
REFERENCES: Agreement, City
Commission Meeting
ENCLOSURES: of September 28, 2000
It is respectfully recommended that the City Commission adopt the attached resolution
authorizing the City Manager to execute a Joint Planning Agreement approving the City's
participation with the Miami -Dade County Metropolitan Planning Organization (MPO),
to create and implement a comprehensive and long-range Downtown Transportation
Master Plan (DTMP) for the Downtown Miami area.
BACKGROUND
The DTMP project, initiated by Commissioner Johnny L. Winton, began on January 11,
2000 with the formation of a Downtown Master Plan Task Force. In response to the Task
Force recommendations to create a comprehensive transportation plan, the MPO and the
City will initiate a study that will provide a comprehensive examination and re-evaluation
of all Downtown Miami transportation systems. The City Commission adopted
Resolution 00-640 on July 20, 2000 allocating the City's share of an amount not to
exceed $135,000 to the MPO for the DTMP project. The planning study and analysis
will result in recommendations that together will comprise the DTMP.
The MPO, in coordination with the City and the Study Advisory Committee, will select a
transportation consultant for the administration and preparation of the DTMP.
The City is a participant with the MPO, the Federal Highway Administration, the Federal
Transit Administration and the Florida Department of Transportation in the planning
study anQar
jalysis.
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