The URL can be used to link to this page

Home My WebLink AboutR-82-0309C r RESOLUTION NO. 8 2 3 0 9 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CITY/METRO- POLITAN PLANNING ORGANIZATION AGREEMENT, SUBSTANTIALLY IN THE FORM OF THE ATTACHED AGREEMENT, IN AN AMOUNT NOT TO EXCEED $70,000, FOR PLANNING DEPARTMENT SERVICES FOR METRORAIL STATION IMPLEMENTA- TION STUDIES TECHNICAL SERVICES, FUNDED FROM AN URBAN MASS TRANS- PORTATION ADMINISTRATION GRANT THROUGH THE DADE COUNTY FY 1982 UNIFIED PLANNING WORK PROGRAM. WHEREAS, the Metropolitan Planning Organization, by letter of March 4, 1982, has presented an agreement to the City for planning services for Metrorail station implementation studies technical services; and WHEREAS, said planning services will promote joint public/ private redevelopment adjacent to the Allapattah, Culmer and Santa Clara transit stations and a pedestrian mall east of the Brickell station; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 $70,000 for Planning Department services for Metrorail station implementation technical services, funded from an Urban Mass Trans- portation Administration Planning Grant (FL-09-7005) through the Dade County FY 1982 Unified Planning Work Program. PASSED AND ADOPTED this 1st day of April , 1932 Maurice A. Ferre �e=h, M A Y O R RALP G. OKGIE, CITY CLERK PREPARED AND APPFDVF.D BY: zf4�49a 5r. &�� __ ROBERr F. CLARK, DEPUTY CITY ATTORNEY TO FOfM AND CORREOR&SS: BARGE/J. KNOX, JR., CITY AM ICM COMMISSION METING OF APR i :982 x-82-3 Emma*4...........""Own c � 22 Howard V. Gary City Manager ;i oseph W. McManus Acting Director Planning Department March 18, 1982 Resolution Authorizing the City Manager to Execute City,/Metro- politan Planning Organization Agreement for Metrorail Station Implementation Studies Technica Studies (City Commission Meeting 4/l/82 It is recommended that the City ZZ Commission authorize the City Manager to execute the attached City/Metropolitan Planning Organi- zation agreement, not to exceed ,.. $70,000 for Planning Department services for Metrorail Station implementation studies technical services, with un ing from an Urban Mass Transportation Admin- istration Grant to the Metropolitan Planning Organization. The Planning Department submitted in 1980, through the Metropolitan Planning Organization (MPO), a grant request for $70,000 to the U. S. Urban Mass Transportation Administration to fund redevelopment planning studies to implement four recently adopted Transit Station Master Plans around City Metrorail stations. A grant award to the Dade County MPO was received in December, 1981 and the County has presented a contract to the City for these planning services. Specifically, the planning services are to promote and attract joint development through private investment with possible public assistance in the development of three projects: - A community shopping center adjacent to the Allapattah transit station at N. W. 36 Street and PJ . W. 12 Avenue. - A community produce market and specialty retail food center on and adjacent to the Santa Clara transit station site at N. W. 20 Street and N. W. 12 Avenue. - A small shopping center and 100 to 200 residential units adjacent to the Culmer station at N. W. 11 Street and N. W. 7 Avenue. N- 82-309 C Page 2 In addition, a design and implementation study for the creation of a pedestrian transit mall along S. W. 10 Street, east of the Brickell transit station will be undertaken. The Metropolitan Planning Organization is the Board of County Commissioners constituted as the planning and implementation entity for transit and transportation projects in Dade County. The Planning Department recommends execution of the agreement. It is requested that this item be entered on the City Commission agenda of April 1, 1982. -82-309 f Mc, n-:--__."-�`v DADE •;OJNTY, FIOPIOA MML 'AE-='^-%4OE March 4, 1982 '•!r. Robert H. McManus �rban Mass Transportation Administration .00 Seventh Street, N.W. ,ashington, D.C. 20590 Dear Mr. McManus: TRANSPORTATION ADMINISTRATION 44 :J FL-:GLER SiP:c_ (305) 5795e': In accordance with your letter notifying the Metropolitan Planning Organization of the approval of Grant FL-09-11005, attached is a draft Agreement between the 'eP0 and the City of Miami. The Governing; Board of the Metropolitan Planning Organization authorized execution of this Agreement in December, 1981. The draft Agreement has now been informally reviewed by the City of Miami and is ready for execution. In _view of the special conditions applied to the grant, we would appreciate your concurrence before the Agreement is signed. As discussed with your staff, work has already begun on this project. It is the intention of the City of Miami to initiate charges effective January 15, 1982. It is currently anticipated that approximately twelve months will be needed to complete the work. Thank you for your continuing assistance. We look forward to your approval of this Agreement, enabling reimbursement of the services to be provided by the City of Miami. Sincerely, C. William Ockert *iPO Secretariat CWO/dd cc: John Spillman Les Green Alan Wulkan Jim Reid Joe McManus Carl Richardson ■-f82-309 Metrcpolitan Planning Ora=sn=z.ation for the Miami TECIEZICAL St 7`: ICES AGREE_:- E"T THIS AGRE7MENT FOR TECHNICAL SERVICES hereinafter to be called the STATION I';PLEHE':TAT 10;: STUDIES TECHNICAL SERVICES AGREEMENT, made and entered into this day of , 1982 by and between the �!ETROPOLITAN: P12uNNING ORGANIZATIO`: FOR THE `fIAMI L'RBAtiIZED AREA hereinafter called the ;tPO and the City of Mia,ni hereinafter called the CITY: W I T N E S S E T H: WHEREAS, the M1.10, pursuant to the powers and responsibilities con- ferred upon it by 334.215 Florida Statutes and the powers, duties and responsibilities vested in it by the Interlocal Agreement between the Board of Count;: Commissioners, Dade County and the Florida Department of Transportation entered into March 2, 1977 in accordance with the provisions of 163 Florida Statute, may enter into agreements, other than interlocal acreements, with local and/or state agencies or for the performance of certain services by such agencies, and WHEREAS, the MPO has applied for and received a grant (Grant FL-09-7005) from the Urban Mass Transportation Administration of the US Department of Transportation to conduct station implementation studies at selected stations on the Stage I Metrorail system, and Whereas, the 1,TO in Resolution 38-81 authorized the County :tanager to execute an Agreement with the City: of ',Miami to conduct the station implementation studies described in the FY 1982 Unif-_ed Planning Work Program::. NO',d THEREFORE, in consideration of the metal 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 for professional services as specified in UMTA Grant FL-09-7005. _ 2.0 SCOPF OF SERVICES It is agreed by the City that it shall perform the functions and duties as prescribed in LTMHTA Grant FL-09-7005. Specifically, the following tasks should be performed and documented: Task 1 -- Prepare a comprehensive d si^n and development program for a transit mall on South 10,1: Strec: linkini, to the Bricr:ell `:etrorail transit station. Task 2 -- Prepare spc!ci2 is redcve1Jpmunt nla r1S and financial econo%lir d'.spos:t in1 �.aCl:..i' is tr,c A 1. ttah, Culmer. an Santa Clar �82-309 C N .0 ACCO�TLISHMIENT OF W('RL. 3. 1 General Reauirements - The CITY shall :-o-_ enc: , carry on, and CO^,^ LeLQ its work in an Li;pt'.^. i1t1.`iSS, scun , ezonomical at;d efficient -manner in accordance with _i:- rr.:, _s:cns of this Agreement and ail applicable laws. In the event proceedings or authorization is regtiired to enter into this Agreement or to carry out any of its provisions, the CIT'i :.ill forthwith initiate and consummate all such necessary actions. 3.2 Submission of Proceedings, Contracts and Other Documents - The CITY shall submit to the MPQ such data, reports, records, contracts and other documents relating to the project as the KPO 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 cc-pletien of the project. Local matching funds in the form of indirect costs and over- head expenditures are to be provided by the CITY.. 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 their designees. All notices or.correspon- dence 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 -PO shall compensate the CITY in accordance with the following: 4.1 Incurred 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 performiance of the Scope of Services: .1 Direct Labor: Wages and salaries of thrr, personnel of the CITY for actual time expended in the performance of Scope of Services. .2 Fringe Benefits: An allowance of 29 7, of the total salaries include in ."1" above. .3 Miscellaneous: Any other direct costs and expenses that are reasonable and necessary for the proper ^erfor::ance of the services. :.2 t.ork Orders - The cost incurred under this Agreement ::ill be governed b•: Work Orders. The CITY, throu0h a Work Order Recuest form provided by the `!?O, will request authorization to initiate expenditures in the performance of the services. The i:.irk Order i:ecuest shall include a detail%:d budget for rvyiew b%, the Upon ;i;-nro`:al of the Wor*r: Order hV tiic .:i h. L!:C' l.iTi .. �' i'r :i 1Lii��r_ i is ! 'L r �� ti,�• titer• ,_ •s "trou_h the iS si;anc'e of a ;,c r r e r + om82-<30'9 C C .3-eilinzs and Overruns - Ti:e tr,tal ccm�ensat'_,n tc �42 paid to the Cl-". t'?r? '%PO in account of Sc,72,? of SarviC? s s',:all not exceed S i0,000, e':Cent to the extent said aTOunt . ay be incrl"se, by written amendr:ent to tt'e A1zrt_m,ant. Thy Cl f ..,':ai: not to nertor:^ the service Or t7 incur Cyst= which L•:otlld its `otal .0 lI �r:�,.t"Lc,. under the 3'gree-Ent axe eci the �Azreemen't ,-e it i 1;;. Method of P:1•r71ent .1 Quarterly Invoices: The CITY shall submit quarterly inovices to the ;1PO for the compensation provided for in Section 4.1. Each such quarterly invoice shall cover the direct reimbursable costs and expenses recorded on the books of the CITY during the preceding quarter. Each such invoice shall be in such forts and detail as the MPO may reasonably require and shall be due and pavable by the ?MO within thirty (30) days after receipt. Such invoices should also describe indirect costs incurred by the CITY, as prescribed in an Indirect Cost Plan approved by a cognizant federal agency. In d i r e c t c-o s t incurred by the CITY are not to be reimbursed by the MPO. Rather, they are to be used as a local match for the grant received by the `TPO. Services provided by the CITY are to reimbursed by the "MO only to the degree that the CIT'i demonstrates in their invoice that they have incurred indirect costs amountinc to at least 25% of the requested reimbursement. 5.0 FINANCIAL RECORDS 5.1 Maintenance of Records - The CITY shall maintain during the course of this Agreement and for three tears after final payment under this Agreement appropriate records with respect to wages and salaries and other items reimbursable hereunder. Such record shall be supported by 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 feasible, kept separate and apart from all other documents not related to the Agreement. The system of accounting will be in accordance with generally accepted accounting principles and practices, consister.cly_ applied. 5.2 Inspection and Audit - The CITY shall permit the authorized representatives of the HPO, the U.S. Department of Transportation, andthe Comptroller of the United States to inspect and audit all data and records relatinc to its performance under the Agreement. These rights of audit shall extend for a period of three years following final payment under this Agreement. 3.3 Arron nt: �)is.111��L:er under this 3 fcd� rn L h. Au:'.it - Tr. the v-:,,nt funds paid to tale CIT•. Ai: rc`.eme nt are silusequentl_: d1 sa l lowed Jy the XPO (,r Dc'('. L15c OT Clol..itl^', LrrCrS Vr C}1t:r^.c'S riot .n 'it%1 t:hi t: r.c gent, ('aTV �i.a:1 rt..:nd �11C :_;a 082-309 C C - ..i y.FQRTS The CITY will upon reque =t by the M71C) .cr upon its own initiative issue re:)C)r 3::1 bll :< ?iu'. 1. n i _ i5 ac. may at e a..}. recuIrCG to carr': out the pur-pose of thi_ Az•ement. D1:P�,TI0*7 OF '.GRE :1EtiT ADD t;TTH?•�.:':,?. Q This Agreement shall rum concurrently with P..!TA Grant FL-09-700:, unless sooner terminated by either party or by mutual a;reezent. Either part% may withdraw from said Agreement after presenting to the other party in written form a notice of intent to withdrew, at least sixty (60) da,".s prior to the intended date of withdrawal prov4ded 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. 6.0 CONFLICTING INTERESTS The CITY hereby convenants that no official or employee of the CITY during his tenure or 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 perfo—mance of this Agreement. 9.0 SUBLETTING The CITY shall not sublet, assign, or transfer any work under this Agreement without the written consent of the MPO. 10.0 RESPONSIBILITY FOR CLAIMS AND LIABILIT'i 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 T'MO shall save harmless the CITY from all claims and liability due to the :HD'0'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. ll.C, FEDERAL INTEREST This Agreement is funded entirely by (UMTA) Grant FL-09-7005 made to the MT O for and on behalf of the U.S. Department of Transportation and is subject to all regulations of the U.S. government applicable to such grants. U1;TA is not a party to this Agreement. Nothing in this :agreement shall be deemed to imposr upon either party such duties and responsibili- ties which may be conflict with .nnv fe.ieral re;ulcitions to -:hied it is subject or to relieve either part: of the oblication to carry out suc'n duties or responsibilities. 82-309 a t i C0N A"'. AG J: ,S" CO`'TI:•;Gy.:I FEES 1"he C17Y warrant; that it has not mnl- :erl or an, cornan• or ersk.�r:, ot:,t'rth,i-i d JOiely :or the f-1 to solicit or secure this A.r-2ernent, and that it has not paid or agrees. to :av an,: ,person. cL['oanv, ';orD(Drat'on, indi-.'idual or fir-.. Other thari a i),:na r i` -c eTp iot•et' orkin'7 St` it l: f O" t:1t. (? j 1 , aP.' fee COT.miSS Lon. percentage, gift, or other consideration contingent upon or resulting from the award or ;Waking of this Agreement. 'FI:;;-7t--r'- -L1DL�Sr)` If ant• provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected therebv if such remainder would then continue to confot-m to the terms and requirements of applicable law. 1+.0 EXEC�TIOV OF AGREEM? `�T This Agreement may be simultaneously executed in several conterparts, each of which so exec,ited shall be deemed tc be an original, and such counterparts together shall constitute one anu the sane instrument. 15.0 AXENDKE-7 OF AGRLE��i:;T The CITY and the MPO may upon initiation of either party amend this Agreement to cure any ambiguity, defect, omission or to grant any addi- tional powers, or to confer additional duties which are consistent with with the intent and purpose of this Agreement. 16.0 DISCRIMINATION IN EMPLOYMENT PROMBITEn The CITY will not discriminate against any employee in the performance of this contract, or against an., applicant for emplovement in the performance of this gre-ement because of race, creed, color, national origin, sex, age, marital status, or physical handicap. The CITE' 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 AGR%E.:P.T FOR: -.AT 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 sineula r. All words used in any gender shall extend to and include all genders. n Ow82-309 IN W: 7;ESS WlilE RLO', the C IT '.. and the I P Y -2 c S ---, t h is --on t r a c t tO e cu, t I t h i dav of 1 Q 8 1=-TR. PLANNIN , ORGA, ',, I ZAT I C'; C17., OF OPOLI A .—DR THE URBANIZED AREA my Warren J. higgin3 Transportation Ccordinator Attest SECRETARIAT BY Title Attest ---82-309