HomeMy WebLinkAboutR-82-0308RESOLUTION NO.
82 - 3 08
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CITY/METROPOL-
ITAN PLANNING ORGANIZATION AGREEMENT,
SUBSTANTIALLY IN THE FORM OF THE
ATTACHED AGREEMENT, IN AN AMOUNT
NOT TO EXCEED $15,000 FOR PLANNING
DEPARTMENT SERVICES FOR A DOWNTOWN
COMPONENT OF METRORAIL SUPPORT
POLICIES ASSESSMENT WITH FUNDING
FROM THE DADE COUNTY FY 1982 UNIFIED
PLANNING WORK PROGRAM.
WHEREAS, Metropolitan Dade County, by letter of March 9, 1982
has proferred an agreement to the City for planning services in
conjunction with a Downtown Component of Metrorail support
policies assessment;
NOW, THEREFORE, BE IT RESOLVED BY THE COt1MISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
a City/Metropolitan Planning Organization agreement, substantially
in the form of the attached agreement, in an amount not to exceed
$15,000 for Planning Department services for a Downtown Component
of Metrorail support policies assessment with funding from the
Dade County FY 1982 Unified Planning Work Program.
PASSED AND ADOPTED this ist
ATTEST:
al h G. Ongie
Cit lerk
PREPARED AND APPROVED BY:
itOP
;40co/—
Deputy City Attorney
day of April , 1982.
APPROVED AS TO FORM AND CORRECTNESS:
Georg . Knox, Jr., 1
City 41torney
Maurice A. Ferre
Maurice A. Ferre, Mayor
t+il"Y COMMISSION
AMETING OF
APR 1 1982
A�wtrwa� +ra.,. 2, -, 3
Nauft...............».....,.....
21
Howard V. Gary March 18, 1932 --
City Manager
Resolution Authorizing the
City Manager to Execute a
City/Metropolitan Planning
��`� Organization Agreement for —
rrt^,•f T ;/e h W. McManus Downtown Component of Metrorail
`wting Director Support Policies Assessment
Planning Department = "''(City Commission Meeting of 4/1/82
It is recommended that the City
Manager be authorized to execute
the attached City/Metropolitan
Planning Organization Agreement,
not to exceed $15,000 for Planning
Department services f r Downtown
Component of Metror it Support
N Policies Assessment with funding
m from a Dade County FY 19882 Unified
Planning Work Program, per the attached
resolution.
The Downtown Development Authority and the Planning Department
submitted in 1981 a proposal to Dade County for a pedestrian
access study of the new Downtown Component of Metrorail (Downtown
People Mover) to be funded from the Dade County Unified Planning
Work Program. The City would receive $15,000 to assist in an
assessment of the utility, safety and amenity of sidewalks, crossings
and signalizations, through block connections and arcades which serve the Downtown Component of Metrorail stations Downtown. Specific
recommendations for improving and enhancing this walkway system would
be made in the context of the Capital Improvement Program and urban
design standards mandated through zoning.
6141-411 B a-
The Metropolitan Planning Organization is, the nd �C.un y
Commissioners established as a separate, entity to oversee
transit and transportation planning and implementation.
The Downtown Development Authority is being funded separately for
companion work.
The Planning Department recommends execution of the contract.
It is requested that this item be listed in the City Commission
agenda of April 1, 1982.
o82-308
MET'n0----7 N DADE COUNTY, FLORIDA � TRANSPORTATION ADMINISTRATION
44 W. FLAGLER STREET
MIAMI, FLORIDA 331,30
uEr=O-Od ,t _
(305) 579-5675
DE
March 9, 1982
'Ir. Joseph McManus, Director
:ity of Miami Planning Dept.
:75 N.W. 2nd Avenue, 3rd Floor
'`-iami, Florida 33128
;ear Mr. Mc,fanus:
Attached for your review and approval is' a draft Agreement between
the Metropolitan Planning Organization and the City of Miami for
services to be rendered by the City as part of the Dal Support
project. Once three signed Agreements are received, I will obtain
the other necessary signatures.
Also attached is a draft Work Order Request. I would appreciate it
if you would return a signed copy of the Request. Once the Agreement
is executed, I will then issue the necessary Work Order.
Please let me know if you have any questions.'
Sincerely,
C. William Ockert
MPO Secretariat
CWO/dd
Attachments
cc: Warren J. Higgins
Alan Wulkan
Les Green
"82-30E
Metronolitan £lannin, Or�-anizaticn
for the
Miami Urbanized Area
THIS AGREEMENT FOR TECHNICAL SERVICES hereinafter to be called the DC1'I
z:-PPORT TECHNICAL SERVICES AGREEMENT, made and entered this
:ay of 1982 by and between the NIIETROPOLITA.N' PLA.N'NING ORGANIZATION'
OR THE 'MIA1,II URBANIZED AREA hereinafter called the MPO and the CITY OF "IIAIII,
hereinafter called the CITY:
W I T N E S S E T H:
WHEREAS, THE MPO, pursuant to the powers and responsibilities conferred
•upon it by 334.215 Florida Statutes and the powers, duties and responsibilities
,rested in it by the Interlocal Agreement between the Board of County Commis-
sioners, Dade County and the Florida Department of Transportation entered into
'Aarch 2, 1977 in accordance with the provisions of 163 Florida Statute, may
enter into agreements, other than interlocal agreements, with local and/or
state agencies or for the performance of certain services by such agencies, and
WHEREAS, the MPO in Resolution 38-81 authorized the County Manager of Dade
County to execute an Agreement with the City of Miami for the conduct of tasks
specified in the FY 1982 Unified Planning Work Program, and
NOW THEREFORE, in consideration of the mutual convenants, promises and
representations herein, the parties agree as follows:
1.0 PURPOSE
For the reasons recited in the preamble, which are hereby adopted as a
part hereof, this Agreement is to provide professional servicFsin assessing
land use impacts and policies in the DC`I impact area.
2.0 SCOPE OF SERVICE
It is agreed by the CITY that it shall perform the functions and duties as
described in Project 4.5 Assess DC'l Support Policies as shown in the FY 1982
Unified Planninp- Work Program. Tasks to be performed are:
1) Prepare design criteria including research and analysis of pedestrian
standards, design of streetsc-ipe (signing, hardware, and lightinz),
and preparation of standards for walkwav dimensions, building setbacks,
c,tsement dimensions, and crosswalk/intersection designs.
2) Analyze legal mechnni;:ms (zoning districts, ordinances eta..) for
applying design criteria, location standards, and land use re^uiations.
82-308
3.0 ACCO'-TLISHMENT OF WORK
3.1 General P,enuirement, - The CI="i shal.i cot�mence, care: on, and
complete its work in an expeditious, sound.economical and
efficient manner in accordance with the provisions of this
Agreement and all applicable laws. In the event proceedings
or authorization is required to enter into this Agreement or
to carry out any of its provisions, the CITY will forthwith
initiate and consummate all such necessary actions.
3.2 Submission of Proceedings, Contracts and Other Documents - The
CIT'i shall submit to the i%iPO such data, reports, records,
contracts and other documents relating to the project as the
MPO may require.
3.3 Funds of the CITY - The CITY shall initiate and prosecute to
completion all proceedings necessary to enable the CITY to
provide the necessary funds for completion of the project.
3.4 Notification - All notices or other communications between the
parties shall be in writing and shall be signed by the signators
to this Agreement or his designee. All notices or correspondence
shall be considered delivered when posted by certified mail or
delivered in person to the Project Officer of the other party.
4.0 COMPENSATION
For the performance of the Scope of Services as provided for in
section 2.0 herein, the MPO shall compensate -the CITY in accordance with the
following:
4.1 Costs and Expenses - The MPO shall reimburse the CITY for the
following costs and expenses paid or incurred by the CITY in
connection with the performance of the Scope of Services:
.1 Direct Labor: Vages and salaries of the CITY's personnel
for actual time expended in the performance of the Score of
Services.
.2 Fringe Benefits: An allowance of 29'V of the total of
direct labor and fringe benefits in .1 and .2 above.
.3 Miscellaneous: An: other direct costs and expenses
whicli are -reasonable and necessary for the proper
performance of the services.
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4.2 Work Orders - The cost incurred under this Agreement will be
governed by Work Orders. The CITY, through a Work Order Request
form to be provided by the '-mo , will reau�-st authorization to
initiate expenditure's in the performance of the services. Tine
Work Order Request shall include a detailed budget for revie.: b-:
the 'IPO. Upon approval of the Work Order Request by the ''TO, t;:�
CITY will be author ize,i to prc --een in
issuance of a Work Order by the _'TPO.
4.3 Ceilings and Overruns - The total compensation to be paid to the
CITY by the 1-MO on account of the Scope- of Services shall not e:•:ceed
the amount of $15,000, except to the extent said amount may be
increased by written amendment to the Agreement. The City shall
not be obligated to perform the servicesor to incure costs which
would cause its total compensation under the Agreement to exceed
the Agreement ceiling.
4.4 ;Method of Payment
.1 Invoices: Once services are provided, the CITY shall submit an
invoice to the 'MPO for the compensation provided for in
Section 4.1. This invoice shall cover the direct and fringe
reimbursable costs and expenses recorded on the books of the
CITY. Such invoice shall be in such form and detail as the
iTO may reasonably require and shall be due and payable by
the MPO within thirty (30) days after receipt.
.2 Final Payment: Within thirty (30) days following final
acceptance of the completed -Scope of Services by the MPO,
the YIP0 shall pay to the CITY the final amount due, subject
to audit.
5.0 FINAi'NCIAL RECORDS
5.1 'Maintenance of Records - The CITY shall maintain during the course
of this Agreement and for three years after final payment under
this Agreement,appropriate records with respect to wages and
salaries and other items reimbursable hereunder. Such record shall
be supported b.: payrolls, invoices, vouchers and other documents
evidencing in proper detail the nature and propriety of the charges.
All checks, payrolls, invoices and other documents pertaining; in
whole or in part to the Scope of Services shall be clearly
identified, readily accessible and, to the extent feasibly., kept
separate and apart from all other documents not related to the
Agreement. The system of accountinsz will be in accordance with
generally accepted accounting, principles and practices, consistently
applied.
5.2 Ins_nection and Audit - The CITY shall permit the authorized
representatives of the PTO, State of Florida, the U.S. Department
of Transportation, and the Corlptrollur of the United States to
inspect and audit all data and recrrc?a relating to its
Und:'r t ic: ::rc,7,:nt— i':•:tcrd f,`. --
period of tnrou ':e.'.rti : O1 lt)L."ln 1 ina l oavment tinder this A4rE•ement .
5.3 Amounts Disallowed by Audit - In the
ClaT ar.'_ disal lct:ed ;�.:
cause of accounting error3 or ehar.;_s
this Agreement, the Clrf shall refund
to the MPO promptly.
5.0 7-PORTS
event funds paid to the
._Meltt' Jr federal ageP.:.', be -
not i:', ccnfc,:..it with
such lisallo:✓ed amounts
The CITY will upon request by the MPO or upon its own initiative
issue reports and such advisory opinions as may be appropriate and required
to carry out the purpose of this Agreement.
7.0 DURATION OF AGREEMENT AND ;1ITHDPAftiAL PROCEDURES
This Agreement shall. -.run concurrently with L','TLAgrant FL-09-0116, unless
sooner terminated by either party of by mutual agreement. Either party may
withdraw from said Agreement after presenting to the other party in written
foram a notice of intent to withdraw, at least sixty_ (60) days prior to the
intended date of withdrawal provided that the CITY shall be entitled to
reimbursement of allowable costs for all work performed in accordance with
this Agreement up to the effective date of termination.
8.0 CONFLICTING INTERESTS
.The CITY hereby convenants that no official or employee of the CITY
during his tenure of for one year thereafter shall have any interest, direct
or indirect, in this Agreement or the proceeds thereof and further that no
person having any such interest shall be employed during the performance of
this Agreement.
9.0 SUBLETTING
The CITY shall not sublet, assign, or transfer anv work under this
Agreement without the written consent of the ?1P0.
10.0 RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CITY shall save harmless the MPO from all claims and liability due
to the CITY's negligent acts or the negligent acts of its subcontractors,
agents or employees. The HPO shall save harmless the CITY from all claims
and liability due to the MPO's negligent acts or the negligent acts of its
subcontractors, agents or employees. The liability of each party under this
section is subject to the provisions of applicable Florida Statutes.
11.0 FEDERAL INTEREST
This Agreement is funded in part bv (1?!TA) Grant FL-09-0116 made to
the '.;PO for and on behalf of the Urban Mass Transportation Administration
and is subject to all rei;ulations of the l'.S. government applicable to such
grants. 1?f'i:, is not a part_; to this :',groument. Notl in-� in this Agreement
shall be deemed to im::pose upon eithL•r hart; such duties and responsibilities
which MMV be. conflict with anv fej,r l re::ulcmtiom:s tc ';Ihich it subject or
to rtLlitvv eitiiCr parry L,i- ";i..=L1�Y,l CJ %:.trr`., out. uc:1 atr
responsibilities,
P-82-308
t
12.0 CONVEN.MT AGAINST CONTINGE2tiT FEES
The CITY warrants that it has not employed or retained any company
or person, other than a bona fide ena io;: ee t•;orki ns_c soleiv - or the CITY,
to solicite or secure this Agreement, and that it has not paid or agreed
to pay any person. company, corporalJil, individual or firm, other than
a bona fide employee working solely for the CITY, any fee, corc-,ission,
percentage, gift, or other consideration contingent upon or resulting from _
the award or making of this Agreement.
13.0 HOt. AGREE`fENT AFFECTED BY PROVISIM;S BEING HELD INVALID
If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby if such remainder would then
continue to conform to the terms and requirements of applicable law.
14.0 EXECUTION OF AGREE-MENT
This Agreement may be simultaneously executed in several counterparts,
each of which so executed shall be deemed to be an original, and such
counterparts together shall constitute one and the same instrument.
15.0 AAENMMLiT OF AGREEITENT
The CITY and the MPO may upon initiation of either party amend this
Agreement to cure any ambiguity, defect, omission or to grant any additional
powers, or to confer additional duties that are consistent with the intent
and purpose of this Agreement.
16.0 DISCRI`fINATION IN EMPLOYMENT PROHIBITED.
The CITY will not discriminate against any employee in the performance
of this Agreement, or again.Gtany applicant for employment in the performance
of this contract because of race, creed, color, national origin, sex, age,
marital status, or physical handicap.
The CITY will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, creed, color, national origin, sex, age , marital status,
or physical handicap.
17.0 AGREEMENT FOP-%1AT
All words used herein 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.
82-308
IN �,II';ESS WHEREOF, the CI71 azid the :-TO hereby cause this l;_.reemer.t
�o be ex-2cuted on this day of
'z TROPOLIT.V� PLAN'vI:�G �RGA :IZATIO:� CIi. F `;I:1 1I
:OR THE MIA.IiI URBANIZED AREA
B".
Warren J. Higgins
Transportation Coordinator
Attest
SECRETARIAT
By
Title
Attest
82-308
C e
ME-IROPOLITAN PLANNING CRGWZAT1CN FOR THE `IAIII LP?ANIZED AREA
YDRK OFOER REMEST
TO: WO SECRETARIAT DATE:
FROM:
Joseph McManus
Name
Director of Planninn_
of Miami
Agency/Firm
it is hereby requested that this agency/firm be issued a work order authorizing the performance
of work and the incurrance of allowable costs not to exceed this agency's allocation in
connection with the annual UPV.T element described: FL-09-
1. Authorization: Program year F1 1982 Grant •No.011b Element No. 4.5
Titled DUM Support
2. Agency Allocation for Element: $ 15,000 Amount Requested:S 15,000
3. Assignment: = Principal AgencyParticipating Agency �_J Contractor
4. Category of Work: j__I Organization b Management Surveillance
System Planning Project Planning
5. Work to be none: (1) Prepare desi -n criteria which includes research and
analysis of pedestrian planning standards, design of streetscape (signing,
hardward and lighting); and preparation of standards for walkway
dimensions, building setback, easement dimensions, crosswalk and inter-
section design. 2) Prepare analysis of legal mechnaism (zoning districts,
ordinances) to apply design criteria, location standards, use regulations.
6. Products to be Produced: 1) Report consisting of text and graphics establishing
design standards for DC`•t access routes. 2) Report recommending legal
ordinance amendments to Miami Zoning Code enacting design, locational
and use standards for DC?1 access corridors.
7. schedule: Start date March 1, 1982 Completion date Sept. 30, 1982
- 82-308