Resolution No. 2024-57 Miami-Dade County Transportation Planning Organization Interlocal Agreement for Uptown Aventura Mobility Plan - September 3, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-57
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF AVENTURA AND THE MIAMI-DADE COUNTY TRANSPORTATION
PLANNING ORGANIZATION (TPO) FOR THE MOBILITY PLAN FOR
UPTOWN AVENTURA; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Aventura City Commission designated the "Uptown Aventura"
area as part of its effort to spur further investment and create economic opportunities in
that part of the City; and
WHEREAS, the future mobility in the Uptown Aventura area was identified during
the City's "Aventura 2050" public planning charrettes as a key factor in developing a
successful plan for the district's redevelopment; and
WHEREAS, the City of Aventura (the "City") was awarded a grant for $50,000 by
the Miami-Dade County Transportation Planning Organization (the "TPO") to prepare a
Mobility Plan for Uptown Aventura, with the requirement that the City match the grant with
a $25,000 contribution; and
WHEREAS, the required $25,000 contribution was provided for in the City's
2023/2024 budget; and
WHEREAS, the TPO and the City have determined to jointly fund the Mobility Plan
for Uptown Aventura, with the City providing the services for such study and its share of
the costs as provided for in the attached Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute and otherwise enter
into the attached Interlocal Agreement by and between the City of Aventura and the
Miami-Dade County Transportation Planning Organization for the Mobility Plan for
Uptown Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
City of Aventura Resolution No. 2024-57
The foregoing Resolution was offered by Commissioner Friedland, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this V day of September, 2024.
•
` HOWARD S. WEINBERG, E
MAYOR
ATTEST:
ELLISA L. HORVAT , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
Exhibit 2
INTERLOCAL AGREEMENT
THIS AGREEMENT,made and entered into this day of , 2024,by and
between the Miami-Dade Transportation Planning Organization("TPO"),hereinafter called the TPO
and the City ofAventura, a municipal corporation of the State of Florida ("City"). The City and the
TPO may each be referred to individually as a "Party" and may collectively be referred to as the
"Parties."
The TPO and the City ofAventura have determined to jointly fund the Mobility Plan for Uptown
Aventura and the City of Aventura has determined to provide the services for such study and its
share of the costs thereof as provided below.
WITNESSETH:
ARTICLE 1.00: The TPO does hereby retain the City ofAventura to provide the services for the
Mobility Plan for Uptown Aventura, which services are described in Exhibit "A": "Scope of
Services", and Exhibit "B": "Project Schedule". The parties further agree that the project costs are
provided in Exhibit "C": "Project Cost." The E-Verify Certification provided in Exhibit "D" must
be signed by the recipient. In addition, Exhibit "E": "Title VI Quarterly Progress Report" must be
filled out and transmitted to the TPO on a quarterly basis concurrently with the Unified Planning
Work Program schedule. The referenced exhibits are attached hereto and made part hereof as though
fully recited herein. Article 16.00 governs each party's obligations for its portion of the Project Cost.
ARTICLE 2.00: The TPO and the City ofAventura mutually agree to furnish, each to the other,the
respective services, information, and items as described in Exhibit "A" Scope of Services, Exhibit
"B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E-Verify Certification.
The TPO agrees to furnish the City ofAventura and its duly designated representatives' information
including, but not limited to, existing data and projects related to the study area which may be
available in other governmental offices. The City of Aventura agrees to perform or cause to be
performed,in a timely and professional manner,the work elements set forth in the above-enumerated
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Exhibits, in accordance with the Schedule set forth in Exhibit"B".
Before initiating the work described in Exhibits "A", "B" and "C", the TPO Executive Director or
her designee shall execute and issue the City of Aventura a Notice-to-Proceed with the work
described in said Exhibits, such work to constitute performance of the Mobility Plan for Uptown
Aventura as set forth in said Exhibits.
ARTICLE 3.00: The services to be rendered by the City of Aventura shall be commenced
subsequent to the execution and issuance of the Notice-to-Proceed and shall be completed within
Fifteen (15) months from the date of execution and issuance of the Notice-to-Proceed.
ARTICLE 4.00: The City of Aventura agrees to provide Project Schedule progress reports on a
quarterly basis and in a format acceptable to the TPO Executive Director. The TPO Executive
Director shall be entitled at all reasonable times to be advised, upon written request, as to the status
of work being done by the City of Aventura and of the details thereof. Coordination shall be
maintained by the City ofAventura with the TPO Project Manager and other representatives. Either
parties to the agreement may request in writing and be granted conference. The parties also agree to
establish a Study Advisory Group comprised of stakeholders and led by the TPO's and City of
Aventura's respective Project Managers.
ARTICLE 5.00: In the event there are delays on the part of the TPO as to the approval of any of the
materials submitted by the City of Aventura or if there are delays occasioned by circumstances
beyond the control of the City of Aventura which delay the Project Schedule completion date, the
TPO Executive Director or her designee shall grant the City ofAventura by a letter an extension of
the contract time, equal to the aforementioned delays,provided there are no changes in compensation
or scope of work.
It shall be the responsibility of the City ofAventura to ensure at all times that sufficient contract time
remains within which to complete services on the project and each major Task Group as designated
with roman numerals on the Exhibits. In the event there have been delays which would affect the
project completion date or the completion date of any major Task Group, the City ofAventura shall
submit a written request to the TPO Executive Director or her designee twenty (20) days prior to the
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schedule completion date which identifies the reason(s) for the delay and the amount of time related
to each reason. The TPO Executive Director or her designee will review the request and make a
determination as to granting all or part of the requested extension. Scheduled completion dates shall
be determined by the elapsed times shown in Exhibit"B" and the issue date of the Notice-to-Proceed.
In the event contract time expires and the City ofAventura has not requested,or if the TPO Executive
Director or her designee has denied an extension of the completion date, partial progress payments
will be stopped on the date time expires. No further payment for the project will be made until a time
extension is granted or all work has been completed and accepted by the TPO Executive Director or
her designee.
SUB-ARTICLE 5.10: The failure of any party to comply with its obligations hereunder shall be
excused to the extent such party's performance has been rendered impossible as a result of: an act of
God, strike, labor dispute, war, fire, earthquake, epidemic, pandemic, riots, act of public enemies,
acts or threats of terrorism, action of federal, state or local governmental authorities or for any other
reason beyond the reasonable control of the party claiming protection by reason of such force maj eure
event("Force Maj eure Event"). The party claiming protection by reason of such Force Maj eure Event
shall give written notice to the other party as soon as practicable but no later than five (5) business
days after the date the Force Majeure Event occurred.
ARTICLE 6.00: The City ofAventura shall maintain an adequate and competent professional staff
and may associate with it, for the purpose of its services hereunder, without additional cost to the
TPO, other than those costs negotiated within the limits and terms of this Agreement and upon
approval by the TPO Executive Director, such specialists as the City of Aventura may consider
necessary.
ARTICLE 7.00: The TPO shall not be liable for use by the City ofAventura of plans, documents,
studies or other data for any purpose other than intended by the terms of this Agreement.
ARTICLE 8.00: All tracings,plans, specifications,maps, and/or reports prepared or obtained under
this Agreement shall be considered research and shall be jointly owned by the TPO and the City
without restriction or limitation on their use; and shall be made available, upon request, by either
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party at any time. Copies of these documents and records shall be furnished to either party upon
request,verbal or written, allowing reasonable time for the production of such copies.
SUB ARTICLE 8.10: Records of costs incurred by the City of Aventura and all sub-consultants
performing work on the project, and all other records of the City ofAventura and sub-consultants
considered necessary by the TPO for proper audit of project costs,shall be furnished to the TPO upon
request.
Whenever travel costs are included in the performance of services set forth in Exhibits "A", "B" and
"C", the provisions of Miami-Dade County Administrative Order 6-1, shall govern or Florida
Statutes, whichever is more restrictive.
The City of Aventura shall allow public access to all documents, papers, letters, or other material,
subject to the provisions of Chapter 119, Florida Statutes,made or received by the City ofAventura
in conjunction with this Agreement. Failure by the City ofAventura to grant such public access shall
be grounds for immediate unilateral cancellation of this Agreement by the TPO Executive Director.
ARTICLE 9.00: Title VI Compliance (Civil Rights Act of 1964) - During the performance of this
agreement, the City ofAventura, for itself, its assignees and successors in interest, agree as follows:
1. Compliance with Regulations: The City ofAventura shall comply with the Regulations
relative to nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time (hereinafter referred to as the Regulations),which
are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The City of Aventura, with regard to the work performed during the
contract, shall not discriminate on the basis of race, color, national origin, sex, age,
disability, religion or family status in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The City ofAventura shall
not participate either directly or indirectly in the discrimination prohibited by section 21.5
of the Regulations,including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
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3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations made by the City of Aventura , either by competitive bidding or negotiation
for work to be performed under a subcontract,including procurements of materials or leases
of equipment; each potential subcontractor or supplier shall be notified by the City of
Aventura of the City of*Aventura's obligations under this contract and the Regulations
relative to nondiscrimination on the basis of race,color,national origin,sex,age,disability,
religion or family status.
4. Information and Reports: The City of Aventura shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the Florida Department of Transportation, the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or
the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance
with such Regulations,orders and instructions. Where any information required of the City
of Aventura is in the exclusive possession of another who fails or refuses to furnish this
information the City of Aventura shall so certify to the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration
as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the City of Aventura 's noncompliance with
the nondiscrimination provisions of this contract, the Florida Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or
the Federal Motor Carrier Safety Administration may determine to be appropriate,
including,but not limited to:
a. withholding of payments to the City of Aventura under the contract until the City of
Aventura complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The City of Aventura shall include the provisions of
paragraphs (1) through (7) in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The City of Aventura shall take such action with respect to any subcontract or
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procurement as the Florida Department of Transportation, the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or
the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. In the event the City of Aventura
becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a
result of such direction, the City of Aventura may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department
of Transportation, and, in addition, the City of Aventura may request the United States to
enter into such litigation to protect the interests of the United States.
7. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis
of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair
treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §
324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination
Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis
of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination
Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the
definition of the terms "programs or activities" to include all of the programs or activities
of the Federal-aid recipients, sub-recipients and contractors, whether such programs or
activities are Federally funded or not); Titles II and III of the Americans with Disabilities
Act, which prohibit discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and
certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
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on the basis of race, color, national origin, and sex); Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse
human health or environmental effects on minority and low-income populations;Executive
Order 13166,Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, the
City ofAventura must take reasonable steps to ensure that LEP persons have meaningful
access to the City of Aventura's programs (70 Fed. Reg. at 74087 to 74100); Title IX of
the Education Amendments of 1972, as amended, which prohibits the City ofAventura
from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
.SNUB-ARTICLE 9.10: On January 4,2011,Governor Rick Scott signed Executive Order Number I I-
02 relating to verification of employment status (the "Order"). The Order directs all agencies under
the direction of the Governor to include as a condition of all state contracts a requirement that the
contracting party utilize the U.S. E-Verify system to "verify the employment of. (a) all persons
employed during the contract term by the contractor to perform work pursuant to the contract with
the state agency". The City ofAventura agrees to comply with the requirements of the Order and
execute Exhibit"D".
ARTICLE 10.00: The TPO agrees to pay the City of Aventura compensation as per Article 16.00
of this Agreement and Exhibits "A", "B" and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The TPO Executive Director may terminate this Agreement in whole or in part at
any time the interest of the TPO requires such termination.
SUB-ARTICLE 11.10: If the TPO Executive Director determines that the performance of the City
ofAventura is not satisfactory,the TPO Executive Director shall have the option of(a)immediately
terminating the Agreement or(b)notifying the City ofAventura of the deficiency with a requirement
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that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated
at the end of such time.
SUB ARTICLE 11.20: If the TPO Executive Director requires termination of the Agreement for
reasons other than unsatisfactory performance of the City of Aventura, the TPO Executive Director
shall notify the City ofAventura in writing of such termination, with instructions as to the effective
date of termination or specify the stage of work at which the Agreement is to be terminated.
SUB ARTICLE 11.30: If the Agreement is terminated before performance is completed, the City of
Aventura shall be paid for the work satisfactorily performed. Payment is not to exceed the prorated
amount of the total share of the project costs to be paid by TPO as provided in Article 16.00
agreement amount based on work satisfactorily completed. Such determination shall be based and
calculated upon a percentage allocation of total project cost,by major Task Group.
ARTICLE 12.00: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. Title and paragraph headings are for convenient
reference and are not a part of this Agreement. No waiver or 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. In the event of conflict between the
terms of this Agreement and any terms or conditions contained in any attached documents,the terms
of this Agreement shall control. 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 or applicable local laws, codes, or
regulations, 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.
ARTICLE 13.00: The City of Aventura warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the City of Aventura, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation,
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individual or firm any fee, commission, percentage, gift or any other consideration,contingent upon
or resulting from the award or making of this Agreement. It is understood and agreed that the term
"fee" shall also include brokerage fee, however denoted.
SUB ARTICLE 13.10: For the breach or violation of Article 13.00,the TPO Executive Director shall
have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
ARTICLE 14.00: The City of Aventura agrees that it shall make no statements, press releases or
publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to
be disclosed any of the data or other information obtained or furnished in compliance with this
Agreement, or any particulars thereof, during the period of this Agreement, without first notifying
the TPO Executive Director or her designee and securing its consent. The City of Aventura also
agrees that it shall not copyright or patent any of the data and/or information furnished in compliance
with this Agreement, it being understood that,under Article 8.00 hereof, such data or information is
the joint property of the TPO and the City. This Section shall not be construed to limit or restrict
public access to documents, papers, letters or other material pursuant to Article 8.10 of this
Agreement.
ARTICLE 15.00: The TPO 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. Any contract, verbal or written, made in violation of this subsection shall be null
and void, and no money shall be paid on such contract.
ARTICLE 16.00: Payment of project costs - It is mutually agreed and understood that the Project
Costs shall be as provided in Exhibit C. TPO shall pay the City of Aventura 31% (Thirty-one
percent) of such Project Costs. The City of Aventura shall be responsible for the remaining Costs.
The City of Aventura shall invoice TPO monthly for TPO's share of Project Costs in a format
acceptable to the TPO Executive Director or her designee and shall be paid therefore on a percentage
of completion basis for each Task described in the Notice-to-Proceed executed in accordance with
Article 2.00. The City ofAventura shall invoice 100% of the TPO's share of the Project Cost upon
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completion of all Task Orders, as indicated under Exhibit"A". The total compensation to be paid by
the TPO to the City ofAventura hereunder shall not exceed Fifty Thousand Dollars ($50,000.00).
SUB ARTICLE 16.10: By executing this agreement the City ofAventura commits to fund the 20%
(Twenty Percent) local share minimum of this agreement as specified in Exhibit C.
SUB ARTICLE 16.20: It is agreed that said compensation provided in Article 16.00 hereof shall be
adjusted to exclude any significant sums where the TPO Executive Director shall determine that
reported costs by the City ofAventura reflect inaccurate, incomplete or non-current costs. All such
adjustments shall be made within sixty (60) days following the end of the Agreement and any
adjustments shall be provided to the City in writing with sufficient detail explaining the reason(s)for
said adjustments. For purpose of this Agreement, the end of the Agreement shall be deemed to be
the date of final billing or acceptance of the work by the TPO Executive Director or her designee,
whichever is later.
ARTICLE 17.00: Standards of Conduct- Conflict of Interest- The City ofAventura covenants and
agrees that it and its employees shall be bound by the standards of conduct provided in Florida
Statutes 112.313 as it relates to work performed under this Agreement, which standards will be
referred and made a part of this Agreement as though set forth in full. The City ofAventura agrees
to incorporate the provisions of this article in any subcontract into which it might enter with reference
to the work performed.
ARTICLE 18.00: The TPO Executive Director reserves the right to cancel and terminate this
Agreement in the event the City of Aventura or any employee, servant, or agent of the City of
Aventura is indicted or has direct information issued against her for any crime arising out of or in
conjunction with any work being performed by the City of Aventura for or on behalf of the TPO,
without penalty. It is understood and agreed that in the event of such termination, all tracings,plans,
specifications,maps,and data prepared or obtained under this Agreement shall immediately be turned
over to the TPO Executive Director in conformity with the provisions of Article 8.00 hereof. The
City ofAventura shall be compensated for its services rendered up to the time of any such termination
in accordance with Article 11.00 hereof.
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ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, the City of Aventura shall indemnify, defend, save, and hold
harmless the TPO and its officers, agents, and employees from any and all claims, liability, losses
and causes of action arising out of the City of*Aventura's negligence or other wrongful acts in the
performance of this agreement. However, nothing herein shall be deemed to indemnify the TPO for
any liability or claims arising out of the negligence,performance, or lack of performance of the TPO.
To the extent permitted by law,and subject to the limitations included within Florida Statutes Section
768.28, the TPO shall indemnify, defend, save, and hold harmless the City of Aventura and its
officers, agents, and employees from any and all claims, liability, losses and causes of action arising
out of the TPO's negligence or other wrongful acts in the performance of this agreement. However,
nothing herein shall be deemed to indemnify the City of Aventura for any liability or claims arising
out to the negligence,performance, or lack of performance of the City of Aventura.
ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.Venue shall be in Miami-Dade County,Florida. The term"proceedings" shall
include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration,
mediation, or other alternative dispute resolution mechanism. The parties both waive any defense
that venue in Miami-Dade County is not convenient.In any civil action or other proceedings between
the parties arising out of the Agreement, each parry shall bear its own attorney's fees and costs.
ARTICLE 21.00: Any notice, consent or other communication required to be given under this
Agreement shall be in writing, and shall be considered given when delivered in person or sent by
facsimile or electronic mail one (1) business day after being sent by reputable overnight carrier or
three (3)business days after being mailed by certified mail, return receipt requested, to the parties at
the addresses set forth below(or at such other address as a parry may specify by notice given pursuant
to this Section to the other parry):
To the TPO: To the City:
Miami-Dade Transportation Planning City of Aventura
Organization 19200 W. County Club Drive
150 West Flagler Street Aventura, FL 33180
Suite 1900 Attn: A Ronald J. Wasson, City Manager
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Miami, Florida 33130 E-Mail: [Please Insert Email Address Here]
Attn: Aileen Boucle, Executive Director
E-Mail: Aileen.Boucle@mdtpo.org
With copies to:
City of Aventura
Office of the City Attorney
19200 W. County Club Drive
Aventura, FL 33180
Attn: [Please Insert Name Here], City Attorney
E-Mail: JPlease Insert Email Address Here]
ARTICLE 22.00:
Attachments:
Exhibit "A", Scope of Services Exhibit "C", Project Budget
Exhibit "B", Project Schedule Exhibit"D", E-Verify Certification
Exhibit"E", Title VI Quarterly Progress Report
No alteration, change or modification of the terms of this Agreement shall be valid unless made in
writing, signed by both parties hereto, and approved by the Governing Board of the Transportation
Planning Organization. This Agreement shall be binding upon the parties hereto, their heirs,
executors, legal representatives, successors, or assigns.
This Agreement,regardless of where executed, shall be governed by and construed according to the
laws of the State of Florida and venue shall be in Miami-Dade County, Florida.
ARTICLE 23.00:No provision of this Agreement shall, in any way,inure to the benefit of any third
parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more
of the terms hereof, or otherwise give rise to any cause of action in any party not a parry hereto.
ARTICLE 24.00: Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such
party's obligations and the certifications hereunder have been duly authorized, and that the
Agreement is valid and legal agreement binding on such parry and enforceable in accordance with
its terms. This Agreement may be executed in any number of counterparts, each of which shall be
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deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf
and other electronic signatures to this Agreement shall have the same effect as original signatures.
IN WITNESS WHEREOF, the parties hereto have executed these presents this day of
, 2024.
FOR MIAMI-DADE TPO: ATTEST:
Miami-Dade TPO Clerk of the Board
By: By:
Aileen Boucle, Executive Director Tawana Parker
Date: Date:
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
Date:
FOR: CITY OF AVENTURA
ATTEST:
(Affix City Seal)
BY: BY:
[Please Insert Name Here],City Clerk Ronald J. Wasson,City Manager
Approved by City Attorney Approved as to
as to legal form and correctness: Insurance Requirements:
[Please Insert Name Here], City Attorney [Please Insert Name Here],
[Please Insert Title Here]
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2025 Mobility Plan for Uptown Aventura
Exhibit"A": "Scope of Services"
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2025 Mobility Plan for Uptown Aventura
Scope of Services
Project Understanding
The City of Aventura(City)desires to perform a multimodal planning analysis of the transportation network
within the area of Uptown Aventura generally bounded by US-1/SR 5B1scayne Boulevard (East),
NE 203rd Street/Ives Dairy Road(south),E Dixie Highway(west)and the Miami-Dade County Line(north)
to assess the adequacy of the current transportation network for future development conditions. The study
will consist of an inventory and analysis of the existing multimodal transportation network, the projection
of future network modifications and traffic volume changes, an evaluation of future transportation network
conditions, and the identification of future improvements within the study area.
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1: Project Coordination/Documentation
Kimley-Horn will prepare a proposed project schedule and outline of deliverables. This task will be
summarized and included in a technical memorandum (Memorandum 91). Kimley-Horn will revise the
memorandum a maximum of one (1) time in response to City comments. Additionally, Kimley-Horn will
coordinate with the City, Miami-Dade Transportation Planning Organization (TPO), Florida Department
of Transportation (FDOT), as appropriate, as part of Task 9 and will document meeting minutes as part of
this task.
Task 2: Existing Multimodal Facilities Inventory
Kimley-Horn will compile and review inventories of existing transportation facilities within the study limits
from readily available sources. This inventory/study network will be limited to public roadways within the
study area. Inventory of US-1/SR 5B1scayne Boulevard will be limited to pedestrian,bicycle, and transit
facilities as outlined below, as it provides interconnectivity and access for the Uptown Aventura area. The
study network roadways will be collaboratively identified and agreed upon by both Kimley-Horn and City
staff. The following elements will be examined as part of this inventory:
• Pedestrian facilities—presence of sidewalks, shared-use paths/trails, and crosswalks
• Bicycle facilities—presence of bike lanes, shared lanes, shared-use paths/trails
• Transit facilities — existing transit routes, service times/headways, ridership data, bus
stops/amenities, terminals, and transfer facilities (Miami-Dade Transit and City of Aventura
Express Shuttle Bus Service)
• Roadway facilities—functional classification,laneage,median type,speed limits,stop signs,traffic
signals, and traffic calming devices
An initial field review will be conducted to visually confirm the data within inventory. A context class
determination will be performed using FDOT's Context Classification Guide, July 2020 using the
inventoried data for the public roadways within the study area.
Task 3: Previous Studies/Document Review
Kimley-Horn will review a maximum of ten(10)references,plans, and/or studies as part of the preparation
of the analysis. It is assumed that the City will identify the specific documents to be reviewed and will
provide the documents that are not readily available. It is assumed the documents the documents may
include approved traffic studies for committed developments in the area, FDOT's 5-Year Work Program,
Miami-Dade Transportation Planning Organization's (TPO) Transportation Improvement Plan (TIP), and
TPO's Long Range Transportation Plan (LRTP).Best practices in multimodal transportation policy will be
examined and documented such as, modal prioritization, Transportation Control Measures (TCM),
multimodal and micromobility programs, and mobility impact fee programs. The pertinent sections of each
document will be summarized and included in the technical memorandum prepared as discussed in Task 5.
Task 4: Traffic Data Collection
Traffic data will be collected within the study area. Twenty-four(24)hour weekday volume/speed segment
counts will be conducted at a maximum of 25 locations within the study area on a typical weekday
(Tuesday, Wednesday, or Thursday). Traffic counts will be adjusted for seasonality based upon FDOT
seasonal adjustment factors.
Task 5: Existing Conditions Assessment
Kimley-Horn will perform an existing conditions assessment utilizing the inventory prepared in Task 2 and
the data collected in Task 4. Multimodal level of service, including pedestrian and bicycle level of traffic
stress, quality of transit service based on frequency, and roadway segment level of service, will be
determined using the most recent FDOT's 2023 Multimodal Quality/Level Of Service Handbook. The
assessment will also examine the following within the study area:
• Pedestrian facilities—connectivity of sidewalks, shared-use paths/trails, and crosswalks
• Bicycle facilities—connectivity of bike lanes, shared lanes, shared-use paths/trails
• Transit facilities—Location and bus route headways
• Roadway facilities—qualitative review of traffic circulation.
Results from the data collection efforts will be summarized and evaluated. The results of Tasks 2 through 5
will be summarized and included in a technical memorandum (Memorandum 92). Kimley-Horn will revise
the memorandum a maximum of one (1)time in response to City comments.
Task 6: Future Volume Forecasts/Redistribution and Programmed Improvements
Kimley-Horn will estimate the additional peak hour and daily traffic volumes generated by the proposed
Uptown area redevelopment parcels with future land use and density information provided by the City. The
scope of services assumes that the City will provide the development program or employment/population
information in applicable format for use in this analysis. Background traffic growth will be factored into
the analysis based on the Florida Standard Urban Transportation Modeling Structure(FSUTMS)-Southeast
Florida Regional Planning Model (SERPM) and/or FDOT historical traffic data from nearby FDOT count
stations using short-term and long-term future analysis years provided by the City. Potential changes to the
area's population and employment will be modified in the 2045 FSUTMS SERPM model based on
information provided by the City and change in future volumes as a result of the future land use changes
will be compared and evaluated to the other calculated background growth rates.
The Consultant will grow the existing traffic on the roadway network to the determined analysis horizon
years using the highest growth rate calculated as part of this task. This task assumes future land use density
and future employment/population information will be provided by the City. Contemplated roadway
connections and cross sections will be evaluated and reviewed in collaboration with the City and proposed
changes will be documented as part of this analysis.The results of this task will be summarized and included
in a technical memorandum (Memorandum 93). Kimley-Horn will revise the memorandum a maximum
of one (1)time in response to City comments.
Task 7: Future Multimodal Assessment
Changes to the roadway network expected by the future roadway volumes and land use changes will be
documented as part of this task. Recommendations to improve pedestrian, bicycle, transit, and roadway
level of service will be provided.Updated multimodal level of service will be determined for the proposed
conditions and documented. The City will provide information regarding Public Private Partnership (PPP)
opportunities,area specific parking standards,and preferred incentives for the creation of public open space.
This task will be summarized and included in a technical memorandum (Memorandum #4). Kimley-Horn
will revise the memorandum a maximum of one (1)time in response to City comments.
Task 8: Findings and Recommendations
Kimley-Horn will identify the City's future transportation network needs of the study area based upon the
results of Tasks 2 through 7.Potential needs may include roadway connections,bicycle facilities,pedestrian
facilities, transit facilities, and neighborhood traffic management. The determination of recommendations
will be commensurate to the level of detail provided in the inventory and analysis tasks (planning level)of
this scope of services. Furthermore, the recommendations may include further study, analysis, and
conceptual feasibility review/design. Strategies for recommended implementation will be developed in
coordination with the City and will be documented as part of this task.
At the study's conclusion, the previous technical memoranda prepared as part of specific tasks will be
merged into a final report incorporating comments, feedback, and recommendations from City staff. The
final report will include visual aids such as maps and graphics. A brief executive summary will be prepared
outlining the study methodology and recommendations.
Task 9: Meetings/Conference Calls
The Consultant will prepare for and attend up to ten (10) meetings/hearings and/or conference calls in
support of the project including,but not limited to project team, City staff, City Commission, and/or other
regulatory agencies. The following meetings/calls are anticipated:
• Project kick-off meeting—virtual meeting
• Memorandum 91 review meeting—virtual meeting
• Memorandum 92 review meeting—virtual meeting
• Memorandum 93 review meeting—virtual meeting
• Memorandum 94 review meeting—virtual meeting
• Final Report review meeting—virtual/in-person meeting
• Planning and Zoning Board meeting—in-person meeting
• City Commission meeting—in-person meeting
• Three (3) additional staff meetings—virtual/in-person meeting
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include,but are not limited
to,the following:
• Collecting additional traffic counts
• Preparing analyses for intersections or additional roadway segments
• Revisions to the analysis to account for changes in development projections
• Conceptual improvement design
• Cost estimating
Exhibit "B": "Project Schedule"
UPTOWN AVENTURA MONTH
Project Schedule 1 2 3 4 5
Task 1- Project Coordination (Memorandum#1)
Project Schedule and outline of deliverables
Coordination with other agencies(Miami Dade TPO; FDOT)
Commission workshops and meeting schedule
Public outreach schedule
Proposed structure of final report
Task 2- Literature Review and Data Collection (Memorandum#2)
Task 2A. Existing multimodal facilities inventory
Task 2B. Previous studies and document review
Task 2C.Traffic data collection
Task 2D. Existing conditions assessment
Task 3-Development of Alternatives (Memorandum#3)
Future Volume Forecasts/Redistribution and Programmed Improvements
Task 4- Multi-modal Analysis (Memorandum#4)
Future multimodal assessment
Task 5- Findings and Recommendations (Final Report)
Findings and Recommendations
Exhibit "C": "Project Cost"
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2.MGP Interlocal Agreement Aventura
TRANSPORTATION PLANNING STUDY
MOBILITY PLAN FOR
UPTOWN AVENTURA
PROJECT BUDGET
County Grant Amount $50,000
Local Match (33%) $25,000
Total Project Cost $75,000
Submitted to: Oscar Camejo, Chief-Contracts Compliance Officer
Miami-Dade Transportation Planning Organization
Exhibit "D"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
E-VERIFY
Contract No:
Financial Project No(s)-
Project Description:
In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies
compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register
with and use the E-Verify system to verify the work authorization status of all newly hired employees.
The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system, in accordance with the terms governing use of the system. The
Vendor/Consultant/Contractor shall comply with section 448.095, Florida Statutes, for the duration of
the contract term, including any extensions or renewal periods.
Company/Firm-
Authorized Signature:
Title:
Date:
Exhibit"E"
Title VI Quarterly Progress Report
Municipality:
Title of Study:
Work performed this quarter: % Work performed to date:%
Reporting Period: through ,2025
1. Progress made this quarter:
2. Products completed this quarter as related to the approved Interlocal Agreement:
(Provide copies if applicable)
3. Problems encountered/anticipated:
4: Schedule adherence:Yes or No (If not on schedule,please provide explanation)
5: Title VI Reporting Re uirements related to this study only
Title VI Response
#of Title VI complaints filed with the Municipality
#of informal (verbal) complaints
#of formal (written) complaints
#of completed investigations conducted by the Municipality
#of completed investigations with findings
#of public meetings
#of meetings held in low income or minority areas
#of translation services provided
#of interpreter services provided
# Limited English Proficiency request received and services provided during public
meeting
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2.MGP Interlocal Agreement Aventura