HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI
AND THE TREASURE COAST REGIONAL PLANNING COUNCIL
This Interlocal Agreement (herein referred to as "Agreement") is entered in this clay
of 2018 by and between the City of Miami (herein referred to as "Miami-) and
the Treasure Coast Regional Planning Council (herein referred to as "Council"), each constituting
a public agency as defined in Part I of Chapter 163, Florida Statutes; collectively referred to herein
as the "Parties".
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of
their powers by enabling them to cooperate with other localities and public agencies on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms
of governmental organization that will accord best with geographic, economic, population and
other factors influencing the need and development of local communities; and
WHEREAS, Part 1 of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with eachother to exercise jointly any power, privilege,
or authority which such. agencies share in common and which each might exercise separately; and
WHEREAS, the Council is permitted to provide services to Miami as it is established by
the state of Florida and considered a public agency in accordance with state law; and
WIIEREAS, matching funding for station area Transit Oriented Development Typologies
for three station locations is included within the Miami adopted Fiscal Year 2018 Annual Budget,
and has been committed by Miami in the amount specified herein; and
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WHEREAS, Miami and the Council desire to enter into this Agreement to facilitate station
area planning activities around the anticipated Miami future Tri-Rail Coastal Link stations.
NOW THEREFORE, in consideration of the mutual covenant_ promises and
representations herein, the Parties agree as follows:
SECTION 1. PURPOSE
A. The purpose of this Agreement is to memorialize the terms under which the Council will
assist Miami with station area planning activities as described herein.
B. Miami and the Council agree to act in a spirit of mutual cooperation and good faith in the
implementation of the Agreement and its purpose.
SECTION 2. EFFECTIVE DATE
This Agreement shall become effective upon its approval by the Commission of Miami and
the Treasure Coast Regional Planning Council, the due execution thereof by the proper officer
of the Council and Miami, and the tiling of a certified copy hereof with the Clerk of the Circuit
Court of Miami -Dade County, Florida.
SECTION 3. SCOPE OF SERVICES
A. The Council shall fully perform the work, which has been requested by Miami, and which
is specified in the Scope of Work contained in Attachment A of this Agreement in
accordance with general industry standards and hest practices..
B. Miami shall:
1. Provide all. available files, data, maps, and infoimation upon request of the Couneil.
2. Provide all necessary public notice as required by Florida Statutes.
3. Provide venues for all public workshops and meetings.
4. Process all requests for reimbursement in a timely manner.
C. Both Miami and the Council agree to be governed by applicable State and Federal laws,
rules and regulations in the performance of their respective obligations under this
Agreement..
SECTION 4. FUNDING/CONSIDERATION
A. This is a fixed fee Agreement based on the scope of work as identified in Attachment A.
As consideration for performanceof work rendered under this Agreement, Miami agrees
to pay .the Council a fixed feenot to exceed the fee schedule and allowances provided fTor
in Attachment A, as selected. by Miami, including travel, attendance at all required public
meetings and workshops, out-of-pocket expenses (printing and reproduction costs), film
processing, mail, couriers and other costs related to the services provided.
B. The satisfactory completion of deliverables by the Council, in accordance with general
industry standards and best practices, shall be considered the Couneil's request for payment
according to the schedule contained in Attachment A.
SECTION 5. RECORD KEEPING
A. All records submitted by the Council shall be kept for three years after the termination of
this Agreement and shall be sufficient and complete to verify compliance with the
requirements of this Agreement.
B. The Council shall allow access to its records during normal business !iours and upon
reasonable advance requests of Miami, its employees and agents.
SECTION 6. INDEMNIFICATION
The 'Parties to this Agreement shall, to the extent permitted by law, save, defend, reimburse,
indemnify, and hold harmless each other, and each other's respective officers, employees,
servants or agents from its own negligence or willful misconduct and from any and all claims,
demands, damages, liabilities, causes of actions, legal or administrative proceeds, judgments,
interest, attorney's fees, costs and expenses arising in any manner directly or indirectly in
connection with or incidental to the performance of this Agreement. Nothing in this provision.
shall be construed as consent by the Parties to be sued, nor as a waiver of :sovereign immunity
beyond the limits provided for in Section 76.8..28, Florida Statutes, including limits on
attorney's fees.
SECTION 7. TiRM; TERMINATION
This Agreement shall commence on the Effective Date and shall remain in full force and effect
until all deliverables are complete as identified in the Scope of Work and schedule contained
in Attachment A, and accepted by Miami, unless terminated earlier. This Agreement may be
terminated for convenience by either party by providing 30 days written notice as required by
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Section 9, to the other party, Miami shall be obligated to pay the Council for only its work
completed up to the date of terminatin pursuant to this paragraph.
SECTION 8. NOTICE .AND CONTACT
All notices required by. this Agreement shall be in .writing, delivered either by hand, overnight
express mail, or by first class, certified mail, return receipt requested, to the representatives
identified below at the address set lbrth. below:
For Miami:
Daniel J. Alfonso, City Manager
City of Miami
35(1C) Pan American Drive
Miami, FL 33133
For the Council:
Michael J. Busha, Executive Director
Treasure Coast Regional Rlanning Council
421 SW Camden Avenue
Stuart, Florida 34994
SECTKIN 9. REMEDIES
No remedy herein conferred upon the Parties is intended to he exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall bein addition to every other
.remedy given hereunder or now or hereafter existing at law or in equity or by statute or.
otherwise.. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
SPX"FION 10, CHOICE OF LAW; VENUE.
"Fhis Agreement shall be governed by the laws of the State of Florida. Venue for any action
arising to enforce the terms of this Agreement shall be in Palrn Beach County, Florida.
SEcTmN 1.1.. ATTORNEY'S .FLES
Any costs or expense including reasonable attorney's fees associated with the enforcement
of the terms and for conditions of this Agreement shall be borne by the respective Parties,
however, this clause pertains only to the Parties to this Agreement.
SEctioti 12. DELEGATION OF DUTY
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Nothing contained herein sha1.1. deemto authorize the delegation of the constitutional or.
statutory duties of the officers (i)f Miami or the Cou.ncil
SECTION 1.3. EQUAL OPPORTUNITY PROVISION
M.iarrti and the Council agree that no person shall, on the grounds of race, color, sex, age,
national origin, disability, religion, aneestry, marital status or sexual orientation be excluded
.from the 'benefits of, or be subject to, any loan of discrimination under any activity carried out
by the performance of the .Agreement
SECTION' 1.4., FILING
This Agreement and any subsequent amendments thereto .shall be ..filed with. the. Clerk of the
Circuit Court of Miami -Dade County pursuant to Section 163.0 1 1 I), Florida Statutes.
SECTION 1.5. SEVERABILTIN
Should any provision of this Agreement be declared invalid or .unenforceable by a court of
competent jurisdiction, the same shall be deemed. stricken here .from and all other terms and
conditions of this Agreement shall continue in full .force and effect as if such invalid provision
had never beenmade a part of the Agreement
SECEION 16. ENTIRETY OF AGREEMENT"
This Agreement represents the entire understanding between the Parties. Modifications of this
Agreement may be requested by Miami or the Council. Changes, which are mutually agreed
upon, shall bc valid only when reduced to writing, duly signed by Miami and the Council and
attached to the original Agreement.
[RE . .AINDER OF H11S PAGE INTENTIONALLY LEFT BLANK]
SIN WITNESS "HERE()F, the Partics have executed this , ..greernent as of the date set
!bah ,above..
(Name)
ATTEST:
3y: By:
Todd B. Hannon
City Clerk.
ATTEST:
Daniel J. Alfonso
City Manager
Approved as to form:
By:
Victoria Mendez
City Attorney
Treasure Coast Regional Planninu 'ouneil
By: By:
Phyllis Castro
Accounting Manager
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Michael J. Buslia, AICP
Executive Director
Approved as to form:
By:
Keith W. Davis
General Counsel.
ATTACHMENT A
TRI-RAIL COASTAL, LINK STATION ARIA
DEVELOPMENT OE :101) TYPOLOGY
FOR
MIAML, FLORIDA
SCOPE OF SERVICES
DECEMBER 6, 201 7
GENERAL
T.h.c City of Miami (City),. Treasure Cbast .Regional Planning Council and the South Illorida
Regional -11 on .Authority (SF.R.TA), seek. to study and implement ways to improve [nobility,
quality of life, economic 'vitality, and iinprove transit -orient ed development (TOD) around the planned Ti-
Rail Coastal 1inh. stations in 1Haini.The SFRTA. has secured a 'Pilot Plannin.g Cirant from. the Federal
Transit Administration (FTTA) to futhlstation area planinn.g activities along the planned -.Fri-Rail Coastal
tink Corrickyr. Funds .from this grata program will be matched 111 part by funds from the City to fund the
station area pbiani n.g. activities described in this scope (...)f services.
he -Freasurc Coast Regional 111.anning Council (TCRP() lias bee.nrequested to prepare a scope of services
to assist the City and SFRTA to coordinate a meaningful public involvement process and develop Transit
Oriented Development (TOD) -"Typologies, appropriate tir each of the station area types, to be included in
the Miami Land Il..l..)eveloptnent .Regulations to assist the City and SERlITA in improving transit -oriented
development conditions around the planned stations and contributing to future mobility and system
ridership, `This planning effort is also designed to advance he .implementation of -Complete Streets," which
is a local,regional, and national priority to .improve transp.)ffation facilities. in. a multi -modal .design 10
provide the best and safest accommodations fbr all .users riwitorists, cyclists,. pedestrians, and transit users.
PROJECT TI:11E1- RAM E
"The project timeframc will commence upon execution of this Agreement. It is anticipated that all tasks
contemplated .within the Scope of Services shall be substantially complete no later than 1.0 months from
this date. The project timeframe is outlined as follows:
January 2018
• Staff kick-off meeting and tour of the three station areas
• Collection and review of existing documents
• Analysis of existing code and built projects
• City to provide contact information for 45 stakeholders for Council to interview
• Coordination with public agency stakeholders including SFRTA, .FIDOT, MDT, and others as
identified with the assistance of the City
"'ebruary -- June 2018
• Conduct stakeholder interviews
• Analysis of existing codes and built projects
• Conduct three public workshops to present initial findings. Workshops to be arranged as follows:
o Workshop Dow'nwwn/Miarni, Central Station Area
c.) Workshop 2: Midtown/Design District Station Area
o Workshop 3: 79lh Street/Upper Eastside Station Area
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July 201 8
• Drat) new Ton Typologies
• Presentations to City staff
• Submit Draft 'KM Typologies to Staff for review ( 4-day review period)
August 20l 8
• Public Workshop to Present Draft TOL) r'Fypology
• Revise Form -Based & :Design Guidelines based on Staff and Public Comment
September 20 1 8
• Finalize TOD Typologies and Submit to City
• Provide Assistance for Pithlic Workshop/I learings
The ,schedule above relies heavily upon City poviding the needed contacts, info.rmation, and review
comments/edits within a timely manner. Public outreach and community input to develop the T(.}.1)
Typologies and the review process will continence :first in the Downtowni.Miami. (1.7entral. Station .Area„ and.
continue into the Midtown/Design District Station Area, and conclude with the 79°1^ Street/Upper Eastside
Station .Area, (...."ity staff wi 11 provide all necessary legal advertising .IOr the approval process.. Special
workshop/hearings may be necessaryto ensure adequate opportunity for board. review within the desired
time:frame, Council will provide the: drab documents based on the schedule above., however, the timeliness
of approval by the City cannot be guuranteed.
SCOPE OF SERVICES
1. Project Coordination
Project Mectiligs
'FCRPC will facilitateall project coordination meetings needed for project development and as requested
by the City and SERTA. The initial meetings will ensure clarity and consistency among all team members
of the project mission and goals. TeRpc ‘vill also encourage other agency meetings including:
City staff,
ET)(ff staff,
IV! iami -Dade TPO staff;
uii1)ade County and Nliami-Dade Trimsit staff; and
Staff oradjacent municipalities and other agencies t.is appropriate.
TX:RFC anticipates periodic pr(iject meetings to occur ihrouhout the project's development and submittal
of the TOD Typologies..
To address the project parameters as identified by the and SFRTA, TR.,!RPC. will assemble a project
team. TCRPC will manage all sub -consultants as part of this work effort, and all sub -consulting tees are
included in the estimated fee presented in this scope, will also provide all coordination necessary
with ETA to satisfy the needs of ibe Pilot Planning Grant,
Anticipt t inclinc..fin. the Project Coordination phase is December 2017 through Scpienther 201,N„
I. 1)tie Diligence
Base Documemat ufl
TCRPC will begin develophig, with assistance from the City, SFRTA., I:DOT,. Miami -Dade TPO,
Dade County, and other agencies, necessary base documentation for the project to include: CilS databases,
aerial photography, residential and non-residential intensity imps, utilities, and other data as appropriate,
Data Collection
ICRPC will begin assembling, with assistance from the City, SFRTA, FD(YT, .Miami-L)ade TPO,
Vtiaini-
[)ade County, and other agencies, data pertinent to the project to include: existing, pending, and approved
development projects within the station areas; relevant planning studies and activity within the study areas-,
historical and cultural informatioty, and relevant regulatory documents for the City of Miami.
Field 'Work
"[CRP(' will conduct field work and site Visits to develop a photo database and review on -site conditions.
During field visits, 1 CRPC teal)]members may schedule to meet with City,. F.D071, SFRTA, Miami -Dade
'FPO, and County representatives to tour specific areas to Wfl a greater understanding of relevant issues.
Regulatory kevie
TCRPC will provide a review and assessment of the relevant City regulatory (locimients. Melmling the Land
F)evelopment Iegulat ions, Comprehensive Plan, and other docutrients as ident it -led by the City.
Deliverables
Specific deliverables will include:
1. Summary or Regulatory Document Review;
2. Outline of General Findings and Opportunities for the Miami TOI) Typologies
/Intieipaied iinic line fio die 1)ue Diligence phase is ...January through Fehruaiy 2014.
111. Pre -Workshop Phase
Public Outreach Eftbrts
There will be coordinated .public outreach efforts prior to the workshops to engender public interest and
add information to the process, "Fite public outreach efforts will .continue as needed throughout the
development (if the Miami. TOL) Typologies.
Stakeholder Interviews
TC.R.PC„ with nienibers of the consultant team,. vi1l conduct approximately 45 individual stakeholder
.inteitviews, including approximately 15 Mterviews for each. of the three. workshops. "Ihe .interviews will.
include elected officials, local. property and business owners,public officials.„ and other members of the
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community as recommended by the City. 'tile interviews will be conducted at a location itt the City and
will be scheduled by TCRPC in coordination with City staff,
Ev..werefi iinteirine jen. Pre-ffforkshop phi is ...Awfully 2018 through June 2018.
IV. Public Input Process
Public Input Workshops
In order to address the unique characteristics of the three distinct station areas and their relevant typologies,
TCR„PC will conduct three facilitated public input Nvorkshops, one each for the Downtown/Miami Central,
NI:idtown/Design District, and 79111 Street/tipper 1-,';astside station areas, The workshops will be open to all
who are interested, and attendance will not be restricted to one segment of the conimunity or another. The
workshops will mci itde an opening presentation summarizing anoverview of the lancl development
regulations, specific characteristics of due diligence findings,. station area opportunities and.
challenges, atid suggestedapproaches to 1)e considered in the TO:D Typology to implement efficient and.
effective thrca.whout the station. areas..
V..1f/evelopme It of TOD 'Typolog Code Amendments
In partnership with. the City, the TCRPC
a, Analyze the existing code, administrative procedures and approval processes.,
1.), 'Update .the existing code to contain 717011-) Typology elements .within th.e station areas and.
.in consideration of the current .zoning maps and 'regulations. 71"he code W i 11also address
1111111 development/redevelopinent scenarios 'identified through. the .1)iligettee Process
anal with consideration of input Obtained through the Public Workshops.
The Ta0 TipoioRy wili include, b .tt not be limited to, the following:
a. Zoning districts
b. Permitted use tables
c. .Building placement
Building height and density
e. .Facade standards
f. Parking placement
g. Parking quantity
h. Public: open space
1. Civic & public buildings
j. Block standards
k. Street types find streetsections
1. Approval process and procedures and roles of the boards
c. Council will prepare a Regulating Plan that will define street types, identity zoning
districts and map/illustrate .where and which TOD Typology categories apply.
d. Analyze the likely to be developed and redeveloped parcels in the study area and illustrate
the impacts olthe proposed code changes using drawings and three-dimensional renderings
of the station areas.
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e. Develop a series of implementation strategies to encourage and guide development in
accordance with the proposed code changes, either through rezoningor utilizing an
overlay. Additionally, draft model codification language shall he provided to insert into
the City's existing zoning ordinance.
f, Prepare and submit to City staff the draft TOD 'fypology elements .for review.
g.
.Meet with City staff to discuss staff -proposed revisions to draft TOD Typologies.
h. Resubmit to City staff revised draft TOD Typologies for further review.
Assist in the development of presentation. materials for presentation by City staff to the
J. ocal Planning Agency (LPA). Attend, present, and participate in 'LTA approval.
workshops and publichearings required for review of the TOD Typologies. Revise the
TOD 'fypologies per LPA comments and submit hack to City staff for review and
recommendation of approval,
Attend,. present, and participate in City Commission workshops and public hearings
scheduled to review and approve the TOD Typologies. Revise regulations per City
Commission's comments and submit the revised Code back to City staffas a final draft for
review and recommendation of approval to the City Commission,
k. TCRPC staff will also be available to attend all staff -level meetings (either in person or via
conference call) necessary to ensure the success of the implementation process.
VI. Project Approvals and Meetings
Additional Meet ings
TCRPC will attend as many staff -level meetings through June 2018 as necessary to ensure the a.doptionof
the Miami TOD Typology is a successful endeavor. TCRPC and the consultant tear will be available to
make presentations to the City and other project partners upon request,
Project Approval Hearings
TCRPC will attend up to three public hearings for the adoption of the Miami TOD Typology.
EApeetcrl timeline .lbr Project Approvals phase is July through ,S'epternher 2018.
VII. Project Deliverables
1. TCRPC shall provide the City with the following deliverables as final work products:
a. Miami TOD Typology for three station area types:
i, Regional Center (Downtown/Miami Central Station Area)
ii. Conn unity Center (Midtown/Design District Station Area)
iii, Neighborhood Center (79' Street/Upper Eastside Station Area)
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b. Regulating Plan and Application of TOD Typology to Typical Development Scenarios
e, Drawings and three-dimensional renderings to illustrate Implementation Scenarios
d. Implementation strategies to encourage and guide development in accordance with the
proposed TOD Typology code changes, either through rezoning or utilizing an overlay.
e. Facilitation of Interview Process and Public Input Workshops.
f. Coordinated Review and Assessment of Comprehensive Plan, Land Development
Regulations, and other Relevant Documents;
Public Hearing Presentations and Assistance as Requested,
Format of Deliverab es: 7FCR.PC shall provide the City final woik products in the
following format:
a. TCRPC shall print written documents on paper, as appropriate, and shall also provide
a digital copy of such documents in an appropriate format (InDesign or PDF).
b. TCRPC' shall provide graphic documents, including drawings, diagrams, maps,
perspective renderings, or other comparable materials as requested in a digital format
suitable for reproduction. Individual printed copies wi 11 also be available at the cost of
rep roduct ion.
c. TCRPC shall provide the City with a digital copy of all the PowerPoint presentations
used for this project.
d. 71he City may request additional copies of deliverables upon payment to TCRPC of the
actual reproduction cost.
VIII. Fees and Reimbursable Expenses
1. Fees: The total fee for the Miami TOD Typology, as described in the scope above, shall
be $165,000. Funding for this effort will come from the EVA Pilot Planning Grant
(5120,000) and the City of Miami (S45,000), The total fcc includes travel, out of pocket
expenses (printing and reproduction costs), tilm processing, mail, couriers, and other costs
related to the professional services to be provided, including all sub -consultant costs.
2. Payment Schedule: The fee payments from the City of Miami to TCRPC shali be
according to the following schedule:
20% ($9,000) of the professional fees due upon execution of this agreement.
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50`)/0 ($22,500) of the professional tees due upon completion. of the third Public Input
Workshop.
20% ($9,000) of the professional fees due upon submittal of draft Miami TOD
Typology code amendments.
10"1 ($4,500) of the professional fees due upon submittal of final, revised Miami TOD
Typology code amendments.
3. Grant Funds: TCRPC shall periodically invoice SFRTA drawing on the grant funds
($120,000) as the work progresses and in accord with the agreement between TCRPC and
SFRTA.
IX. Anticipated Timeline (contingent upon execution of Interlocal Agreement in January 2018)
JANUARY — FEBRUARY 2018:
Execute Agreement and begin Due Diligence work and analysis.
FEBRUARY — jUNE 2018:
Conduct public input phase, lnLLudlng three Public Input Works lops.
Juix 2018:
Deliver DRAFT Miami TOD Typology code amendments
SEPTEMBER 201.8:
Deliver Ff.NAL Miami 'r OD 71 ypology code amendments
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