Resolution 2021-31795 RESOLUTION NO. 2021-31795
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF MIAMI BEACH FOR THE CO-
LOCATION OF THE CITY'S TRANSPORTATION MANAGEMENT CENTER
WITHIN THE SUNGUIDE TRANSPORTATION MANAGEMENT CENTER,
LOCATED AT THE FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT 6 OFFICE, 1001 NW 111 AVENUE, MIAMI, FL 33172.
WHEREAS, in 2014, the City engaged a contractor to provide Traffic Monitoring and
Management services for 14 hours a day, 365 days a year including six (6) special events per
year; and
WHEREAS, the Traffic Monitoring and Management program resulted in an average
travel time improvement of 22% along the monitored corridors; and
WHEREAS, the program was suspended in March 2020 due to the COVID-19 pandemic;
and
WHEREAS, on March 11, 2015, the City Commission authorized the issuance of a
Request for Qualifications (RFQ) No. 2015-115-JR for Program Management Services for an
Intelligent Transportation System/Smart Parking System (ITS/SPS) project; and
WHEREAS, the RFQ process resulted in the City awarding a Program Management
Services contract to Kimley Horn and Associates; and
WHEREAS, on June 8, 2016, the Administration presented the ITS/SPS project scope
and budget to the Neighborhood/Community Affairs Committee; and
WHEREAS, on July 13, 2016, the City Commission adopted Resolution No. 2016-29499
accepting the recommendation of the Neighborhood/Community Affairs Committee and directed
the Administration to craft a Request for Proposals (RFP)for a state-of-the-art ITS/SPS program
and return to the City Commission for authorization to issue; and
WHEREAS, on September 14, 2016, the City Commission authorized the Administration
to issue an RFP for Design, Build, Operate, and Maintain Services for an Intelligent
Transportation System and Smart Parking System; and
WHEREAS, on September 16, 2016, the City issued RFP No. 2016-199-KB for Design,
Build, Operate, and Maintain Services for an Intelligent Transportation System and Smart
Parking System; and
WHEREAS, on October 18, 2017, the City Commission approved a contract award to
Transcore ITS LLC via Resolution No. 2017-30064; and
WHEREAS, on April 16, 2019, the City executed a contract with Transcore ITS LLC
(Transcore) to Design, Build, Operate, and Maintain an ITS/SPS program; and
WHEREAS, a Transportation Management Center (TMC) is a critical component of an
integrated Intelligent Transportation System and functions as its central
communication/operations center; and
WHEREAS, all devices deployed as part of the City's ITS/SPS project will communicate
with the TMC where data will be compiled, analyzed, and utilized for real-time decision making
on traffic mitigation, traffic routing, signal timing modifications, and incident management; and
WHEREAS, during interagency coordination meetings on the City's ITS/SPS project, the
Florida Department of Transportation (FDOT) offered the City the possibility of co-locating the
Miami Beach TMC within the existing SunGuide TMC located at FDOT District 6 Office (1001
NW 111 Avenue, Miami, FL 33172); and
WHEREAS, the co-location allows the City's ITS/SPS traffic monitoring team to tap into
other agency resources (FDOT, Miami-Dade Expressway, Miami-Dade County, and Florida
Highway Patrol) at the TMC facility, thereby improving coordination and reducing incident
response times; and
WHEREAS, as part of the ITS and SPS project, a Traffic Management Center (TMC) is
currently in design and will be staffed with traffic operators 12-hours per day, Monday through
Thursday, and 14-hours per day, Friday through Sunday to monitor traffic conditions and deploy
traffic management initiatives as needed; and
WHEREAS, the total office floor space in the SunGuide TMC is 14,578 square feet;
however, the City will occupy a portion of Room#232, using 430 square feet of space for Traffic
Operations staff, and a portion of Room # 112, using 89.6 square feet to house City computer
servers; and
WHEREAS, the cost of renting space within the SunGuide TMC is $20/square foot;
however, the operations and maintenance costs for the Miami Beach TMC will be proportionate
to the exclusive office floor space occupied by the City at the SunGuide TMC; and
WHEREAS, the annual cost to be paid by the City is $24,515 for years 1-5 and $24,938
for years 6-10; and
WHEREAS, in order for Transcore to proceed with the build-out of the Miami Beach TMC
at the SunGuide TMC, and for the City to subsequently occupy the space, a Memorandum of
Understanding (MOU) between the City and FDOT must be executed; and
WHEREAS, the proposed 10-year term of the MOU aligns with the 10-year term of the
City's contract with Transcore for the design, construction, operation, and maintenance of the
ITS/SPS project; and
WHEREAS, based upon the foregoing, the City Manager recommends that the Mayor
and City Commission approve the MOU, in the form attached to the City Commission
Memorandum accompanying this Resolution as Attachment"A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION ,OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute a Memorandum of
Understanding between the State of Florida Department of Transportation and the City of Miami
Beach for the co-location of the City's Transportation Management Center within the Sunguide
Transportation Management Center, located at the Florida Department of Transportation District
6 office, 1001 NW 111 Avenue, Miami, Fl 33172
PASSED and ADOPTED this 28th day July, 2021.
ATTEST:
Dan Gelber, Mayor
Olicrt4
Rafael E. ranado, City Clerk " •' � t`�III,
' 4I CORP''ORATED•!
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney ,4c--- Date
Resolutions-C7 Al
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF MIAMI BEACH FOR THE
COLOCATION OF THE CITY'S TRANSPORTATION MANAGEMENT
CENTER WITHIN THE SUNGUIDE TRANSPORTATION MANAGEMENT
CENTER, LOCATED AT THE FLORIDA DEPARTMENT OF
TRANSPORTATION DISTRICT 6 OFFICE, 1001 NW 111 AVENUE, MIAMI,
FL 33172.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve and authorize
the City Manager to execute a Memorandum of Understanding (MOU) between the City of
Miami Beach (City)and the Florida Department of Transportation (FDOT)for the co-location of
the City's real-time Transportation Management Center (TMC) within the SunGuide TMC
located at FDOT District 6 Office at 1001 NW 111 Avenue, Miami, FL 33172.
The Miami Beach TMC is an integral component of the City's Intelligent Transportation System
and Smart Parking System (ITS/SPS) project. The TMC will house contractor personnel
responsible for actively monitoring traffic conditions, communicating and coordinating with City
staff and other agencies on incidents causing congestion, managing incidents, and deploying
mitigation measures to improve traffic flow and reduce congestion along the City's major
throughfares—all in real-time.
BACKGROUND/HISTORY
Traffic Monitoring and Management
In 2014, the City engaged a contractor to provide Traffic Monitoring and Management services
for 14 hours a day, 365 days a year. The service was implemented to reduce congestion,
improve incident management, and improve traffic flow along the City's major throughfares. The
program included CCTV cameras and travel time sensors at critical intersections to monitor
travel times along major thoroughfares and detect incidents creating congestion. In addition, the
City deployed portable digital message signs at strategic locations throughout the City to
disseminate real-time traffic information to the motoring public regarding major incidents
Page 824 of 2012
impacting traffic flow. As part of this program, the City, via the contractor, also managed six
major events each year in which the contractor's monitoring hours were extended given the
increased impact to traffic. Traffic monitoring and programming of digital message signs were
accomplished remotely from the contractor's offices. In comparison to pre-existing conditions,
the Traffic Monitoring and Management program resulted in average travel time savings of 22%
along the monitored arterial roadways. The program was suspended in March 2020 due to the
COVID-19 pandemic.
Intelligent Transportation System and Smart Parking System (ITS/SPS)
Given the effectiveness of the Traffic Monitoring and Management program, the City
Commission approved moving forward with a more permanent program utilizing state-of-the-art
technology.
On March 11, 2015, the City Commission authorized the issuance of Request For
Qualifications (RFQ) No. 2015-115-JR for Program Management Services for an Intelligent
Transportation System/Smart Parking System project. In 2015, the City selected and engaged
Kimley-Hom and Associates as the City's Program Manager to develop a design criteria
package for a citywide ITS/SPS program.
On June 8, 2016, the Administration presented the ITS/SPS project scope and budget to the
Neighborhood/Community Affairs Committee. The Committee endorsed the ITS/SPS project
and the Administration's recommendation to move forward with project implementation.
On July 13, 2016, the City Commission adopted Resolution No. 2016-29499 accepting the
recommendation of the Neighborhood/Community Affairs Committee and directing the
Administration to craft a Request For Proposals (RFP) for a state-of-the-art ITS/SPS program
and return to the City Commission for authorization to issue an RFP.
On September 14, 2016, the City Commission authorized the Administration to issue an RFP
for Design, Build, Operate, and Maintain Services for an Intelligent Transportation System and
Smart Parking System.
On September 16, 2016, the City issued RFP No. 2016-199-KB for Design, Build, Operate,
and Maintain Services for an Intelligent Transportation System and Smart Parking System. A
two-step procurement process was utilized in which the recommendation to award was based
firstly on qualifications and experience of the prime contractor and team, and, subsequently, the
selected team's project approach and cost proposal.
On October 18, 2017, the City Commission approved a contract award to Transcore ITS LLC
(Transcore)via Resolution No.2017-30064.
On April 16, 2019, the City executed a contract with Transcore to Design, Build, Operate, and
Maintain a citywide ITS/SPS program. The scope of the ITS/SPS project as stipulated in the
contract includes the following components:
• Traffic monitoring CCTV cameras with built-in data analytics
• Travel time data collection devices to track and forecast congestion levels
• Full color permanent digital message signs throughout the City to inform motorists of lane
closures, congestion, and parking availability information in real-time
• Volume and speed data collection sensors
• Digital message signs at the entrances of all City parking garages and 35 surface parking lots
to inform motorists of real-time parking availability
• Communication system and dashboard for monitoring and management of devices and data
• Transportation Management Center to house contractor's traffic monitoring and management
operators
As per the design criteria documents, the ITS/SPS project is divided into five phases,
strategically sequenced based on the deployment schedule of devices along the City's major
thoroughfares:
• Phase 1: MacArthur Causeway, Alton Road (from 5 Street to Julia Tuttle Causeway), Julia
Page 825 of 2012
Tuttle Causeway, 17 Street (from Mon Road to Washington Avenue), Dade Boulevard (from
Alton Road to Washington Avenue)
• Phase 2: 5 Street,41 Street, Washington Avenue
• Phase 3: Collins Avenue(23 Street to 44 Street), Indian Creek Drive/Collins Avenue (44 Street
to 87 Tr), Mon Road (from Julia Tuttle Causeway to 63 Street), 63 Street(from Mon Road to
Collins Avenue)
• Phase 4: Collins Avenue (from 5 Street to 23 Street), Indian Creek Drive (from 26 Street to 44
Street)
• Phase 5: Harding Avenue/Abbott Avenue
Based on an in-depth analysis conducted during the design criteria development phase, it was
estimated that the ITS/S PS project will improve travel times along major throughfares by an
average of 35% as compared to pre-existing conditions. The project is anticipated to
significantly improve the City's ability to gather data and make decisions to improve traffic flow
on a real-time basis from the Traffic Management Center. It is worth noting that based on a
benefit-cost analysis completed for this project in 2017, it was determined that every $1.00
spent on this project will generate over$5.00 in monetary benefits to the City and the region as
a whole, due in large part to reductions in congestion, accidents, law enforcement personnel
dedicated to traffic management, and greenhouse gas emissions.
ANALYSIS
Transportation Management Center(TMC)
A TMC is a critical component of an integrated Intelligent Transportation System and functions
as the command center. All devices deployed as part of the CiWs ITS/SPS project will
communicate with the TMC where data will be compiled, analyzed, and utilized for real-time
decision making for traffic mitigation, traffic routing, signal timing modifications, interagency
communication, and incident management. During TMC operating hours, Transcore's traffic
monitoring and management personnel will be present at the TMC actively monitoring traffic
conditions along the City's major thoroughfares in real-time via cameras, monitors, and other
resources; communicating accidents and other issues causing congestion to Transportation and
Mobility Department staff, Communications Department staff, Miami Beach Police and Fire
Communications Unit, and other agencies as appropriate; and deploying traffic management
initiatives as needed to mitigate congestion.
As the design and operations criteria for the ITS/SPS project were being developed, City staff
and the City's Program Manager explored various locations for a TMC within the City; however,
none of the sites were found feasible due to limitations with space and cost. During interagency
coordination meetings on the City's ITS/SPS project, FDOT offered the City the option of co-
locating the Miami Beach TMC within the existing SunGuide TMC located at FDOT District 6
Office (1001 NW 111 Avenue, Miami, FL 33172). The City explored this option and determined
that it would be feasible and advantageous to co-locate the Miami Beach TMC at the SunGuide
TMC. The co-location will allow the City's ITS/SPS traffic monitoring team to tap directly into
other agency resources available at the SunGuide TMC facility, thereby improving interagency
coordination and reducing incident response times. For example, at the SunGuide TMC,
City/Transcore personnel will have direct access to traffic monitoring and management staff
from FDOT, Miami-Dade Expressway Authority (MDX), Miami-Dade County, and Florida
Highway Patrol (F HP). This is expected to improve incident response times and incident
management on the City's causeways and other major highways in proximity(1-95, 1-395, and I-
195) that affect ingress and egress to/from the City. The co-location will also be beneficial
during major events affecting regional traffic, mobility to/from/within Miami Beach, and the need
for traffic enforcement. Furthermore, the co-location of the TMCs is also beneficial during
Page 826 of 2012
emergency management and hurricane response as all agencies can coordinate evacuation
protocols more efficiently.
The cost of renting space within the SunGuide TMC is $20/square foot. The City's share of
operations and maintenance costs for the Miami Beach TMC will be proportionate to the
exclusive office floor space occupied by the City at the SunGuide TMC. The total office floor
space in the SunGuide TMC is 14,578 square feet. The City (via Transcore) will occupy a
portion of Room # 232, using 430 square feet of space for about three traffic operations staff
members and a portion of Room # 112, using 89.6 square feet to house City computer
servers. The combined total office floor space allocated to the Miami Beach TMC is 519.60
square feet or 3.56% percent of the total office floor space at the SunGuide TMC. Any change
to the City's TMC office floor space allocation at the SunGuide TMC would result in changes to
the City's share of annual operating and maintenance costs and rent cost and would require an
amendment to this MOU to be executed by both parties.
In order for Transcore to proceed with the build-out of the Miami Beach TMC at the SunGuide
TMC, and for the City to subsequently occupy the space, a Memorandum of Understanding
(MOU) (attached) between the City and FDOT must be executed. The 10-year term of the
MOU aligns with the term of the City's contract with Transcore for the design, construction,
operation, and maintenance of the ITS/SPS project. Either party may cancel the MOU with
sixty(60)days advance written notice.
SUPPORTING SURVEY DATA
64% of residents believe that tourism and visitors create traffic congestion which affects quality
of life
FINANCIAL INFORMATION
The annual cost to be paid by the City to FDOT for co-location of the TMC is $24,515 for years
1-5 and $24,938 for years 6-10. The annual payment is calculated as the sum of: 1) City's
share of facility operating and maintenance costs (calculated by multiplying the percent of
SunGuide TMC office space to be occupied by the City (3.56%) by the SunGuide TMC's
annual operations and maintenance costs of $396,701); and 2) annual rent for 519.60 square
feet of TMC office space at$20/square foot.
The City's annual cost may be pro-rated in the initial year of the MOU if the Agreement is
executed after the start of State Fiscal Year 2021/2022 (i.e. July 1, 2021). The City's annual
operations and maintenance costs will increase by 3% on the sixth year of the MOU and will
remain at this amount until the end of the Agreement.
Payments are to be made annually by the City and the annual payment rates are fixed for ten
years. The following is the"Payment Schedule"for the ten-year term of this Agreement:
Page 827 of 2012
Description of Cost FY 21/22' FY 22/23 FY 23/24 FY 2t/2S FY 25/26 FY 2611227 FY 27/28 FY 28/29-FY 29y/30 FY 30131
City of Miami Beach Share of FaolityOperations&
Maintenance Costs calculated by muluplymg the
percent of office space occupied by the Oty by the
TMC's projected FY 2016 Operations and
Maintenance Cost(3.506 x$396,701/FY 2018).Cost $14,123 $14,123 514413 $14,123 $14,173 $14,546 $14,546 $10,546 $14,546 $14,546
Sikh 3s,but not limited to elearit water,
maintenance,janitonal services,etc are i nduded
in this amount
AMual Rent for 519.60sf.@$20/sf(Portions of
Room 4232/TrafficOps Staff&Room# 20,392 510,392 510,392 $10,392 510,392 $10,392 $10,392 510.392 510,392 510,392
112/Computer5enrer)
Total per Fiscal Year $24515 524,58 524.515 $24,515 $24,515 $24,938 $24,938_$24438 $24,938 $24,938
Total Cost for Ten(1f Year Term of Memorandum of Understanding S 247,265
* Rent cost for FY 21/22 will be pro-rated based on the execution date of this Agreement.
Amount(s)/Account(s): •
Funding for the annual payments required by this MOU is appropriated in the ITS/SPS project under
Account No. 187-9615-069357-26-410-530-00-00-00-28080.
CONCLUSION
The Intelligent Transportation System/Smart Parking System (ITS/SPS) project will enhance
the City's ability to monitor traffic flow, manage incidents causing congestion, and mitigate
congestion more efficiently and effectively on a daily basis as well as reduce congestion during
major events and high impact periods through the deployment of state-of-the-art technology.
The project will increase capacity and improve traffic flow on major thoroughfares and provide
real-time traffic information and parking availability to the motoring public. The City is currently
finalizing the design phase of the ITS/SPS project and construction is expected to commence
in late July 2021.
As part of the ITS/SPS project, a new Transportation Management Center(TMC)is currently in
design and will be staffed with contractor personnel to actively monitor traffic conditions along
the City's major thoroughfares and deploy traffic management initiatives as needed to mitigate
congestion. Given the benefits to the ITS/SPS project and to both agencies, the City and
FDOT have agreed to co-locate the Miami Beach TMC within the SunGuide TMC at the FDOT
District 6 Office located at 1001 NW 111 Avenue, Miami, FL 33172. The proposed co-location
is advantageous to the City and will improve the efficiency of the ITS/SPS program given the
interagency resources currently available at the SunGuide TMC. In order for the City to
proceed with the build-out of the proposed Miami Beach TMC office floor space and the
subsequent occupation of the space within the SunGuide TMC, a Memorandum of
Understanding between the City and FDOT must be approved by the City Commission and
executed by both parties.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
Page 828 of 2012
City Code Section 2-14?
No No
Strategic Connection
Mobility-Address traffic congestion.
Legislative Tracking
Transportation and Mobility
ATTACHMENTS:
Description
❑ MOU WITH FDOT RE TMC COLLOCATION
❑ Resolution
Page 829 of 2012
MEMORANDUM OF UNDERSTANDING
BETWEEN
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF MIAMI BEACH
THIS MEMORANDUM OF UNDERSTANDING,hereinafter referred to as the`Agreement' is made
and entered into this—day of , 21_, between the State of Florida Department of
Transportation, hereinafter referred to as the `DEPARTMENT', and the City of Miami Beach, hereinafter
referred to as the `CITY'.
RECITALS:
WHEREAS, the parties desire to accomplish the collocation of a team of Traffic Operations
professionals from the CITY's Transportation and Mobility Department into the DEPARTMENT's facility
named the SUNGUIDE Transportation Management Center, hereinafter referred to as the `TMC', located at
1001 NW 111t`Avenue,Miami,Florida 33172 in order to collaborate in assuring the safe and efficient mobility
of vehicular and pedestrian traffic on CITY and DEPARTMENT arterial street corridors; and
WHEREAS,this Agreement shall serve the purpose of defining the CITY's share of the TMC's annual
operations and maintenance costs;and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 334.044,
Florida Statutes;and
WHEREAS, -on July 28, 2021, the Mayor and City Commission adopted Resolution No.
,approving this Agreement;and
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable
considerations contained herein,the receipt and sufficiency of which are hereby acknowledged,the parties agree
as follows:
1. TMC OPERATIONS AND MAINTENANCE COSTS
1.1 Cost Allocation Formula
The allocation of operations and maintenance costs shall be proportionate to the exclusive office floor
space occupied in the TMC by the respective agencies. The total office floor space in the TMC is
14,578.00 square feet. The CITY will occupy a portion of room#232, using 430.00 Sq. Ft. of space
for Traffic Operations staff and a portion of room# 112,using 89.60 Sq. Ft. to house CITY computer
servers. The combined total office floor space the CITY will occupy is 519.60 Sq.Ft.or 3.56%percent
of the office floor space. Any change to CITY office floor space allocation shall result in changes to
CITY's share of annual operating and maintenance costs.
1.2 Annual Costs
The CITY agrees to pay annually to the DEPARTMENT the TMC operations and maintenance costs,
including office space rental costs as listed in the table below. Each fiscal year,CITY administrative
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staff shall propose in its annual budget request meeting the funding and approval of the expenditures
noted herein. No additional costs beyond those listed in this Sub-Section will be required of CITY
without prior mutual agreement.
Payments are to be made annually and the annual payment rates are fixed for ten (10) years. The
following is the"Payment Schedule"for the ten(10)year term of this Agreement:
Description of Cost FY 21/22• FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31
City of Miami Beach Share of Facility Operations&
Maintenance Costs calculated by multiplying the
percent of office space occupied by the City by the
TMC's projected FY 2016 Operations and $14,123 $14,123 $14,123 $14,123 $14,123 $14,546 $14,546 $14,546 $14,546 $14,546
Maintenance Cost(3.56%x$396,701/FY 2018).Cost
such as,but not limited to electric,water,
maintenance,janitorial services,etc.are included
in this amount
Annual Rent for 519.60 sf.@$20/sf(Portions of
Room#232/Traffic Ops Staff&Room# $10,392 $10,392 $10,392 $10,392 $10,392 $10,392 $10,392 $10,392 $10,392 $10,392
112/Com puter Server)
Total per Fiscal Year $24,515 $24,515 $24,515 $24,515 $24,515 $24,938 $24,938 $24,938 $24,938 $24,938
Total Cost for Ten(10)Year Term of Memorandum of Understanding $ 247,265
*Rent cost for FY21/22 will be pro-rated based on the execution date of this memorandum.
The CITY's annual cost may be pro-rated in the initial year of the Agreement if this Agreement is
executed after the start of the DEPARTMENT's Fiscal Year 2020/2021. The CITY's annual operations
and maintenance costs will increase by 3%on the sixth(6th)year of this Agreement and will remain at
this amount until the end of the Agreement.
1.3 Method of Payment
The CITY will make annual payments to the DEPARTMENT.Recurring annual payments shall be due
by November 1St of each DEPARTMENT fiscal year during the term of this Agreement. The
DEPARTMENT shall transmit annual invoices to CITY for payment to the following address:
City of Miami Beach
Transportation and Mobility Department
1700 Convention Center Drive
Miami Beach,FL 33139
Attention: Director
2. All notices under this Agreement shall be directed to the following:
To DEPARTMENT: Florida Department of Transportation
1001 N.W. 111th Avenue
Miami,Florida 33172
Attention: TSM&O Program Engineer
To CITY: City of Miami Beach
Transportation and Mobility Department
1700 Convention Center Drive
Miami Beach,FL 33139
Attention:Director
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Page 831 of 2012
With Copy To: City of Miami Beach
Office of the City Manager
1700 Convention Center Drive
Miami Beach,FL 33139
Attention: City Manager
3. Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
4. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such determination,
the remainder of this Agreement shall remain in full force and effect provided that the part of this
Agreement thus invalidated or declared unenforceable is not material to the intended operation of this
Agreement.
5. The CITY recognizes and accepts the funding restrictions set forth in Section 339.13 5(6)(a),and Section
129.07, Florida Statutes,which may affect the DEPARTMENT's obligations. Those provisions are as
follows:
339.135(6)(a).The DEPARTMENT during any fiscal year 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 during such fiscal year.Any contract,verbal or written,
made in violation of this subsection is null and void,and no money may be paid on such contract. The
DEPARTMENT shall require a statement from the Comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds.Nothing herein
contained shall prevent the making of contracts for periods exceeding one(1)year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years. Section 339.135(6)(a),Florida Statutes.
Accordingly,the State of Florida's performance and obligation to pay under this Contract is contingent
upon an annual appropriation by the Legislature.
6. The DEPARTMENT recognizes that CITY must comply with its Budget Policy which requires annual
CITY Board approval.This Agreement shall not be construed to modify,in any way,CITY's obligations
with respect to said policy.To the extent permitted by such policy,CITY shall endeavor to appropriate
in its annual budget, for each Fiscal Year, the funds lawfully available to satisfy its obligations under
this Agreement.
7. When either party receives a notice of claim for damages that may have been caused by the other party
in the performance of services required under this Agreement,that party will immediately forward the
claim to the other party. Each party will evaluate the claim and report its findings to each other within
fourteen(14)working days and will jointly discuss options in defending the claim.
8. Either party may cancel this Agreement with sixty(60)days advance written notice.The written notice
must be delivered to the contact as defined in Section 2 of this contract.
9. The CITY reserves the right to inspect any records associated with the cost to maintain the TMC as
requested in writing.
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Page 832 of 2012
10. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements,or understandings applicable to the matters contained herein,and the parties agree that there
are no commitments, agreements or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly,it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements whether oral or written. It is further
agreed that no modification,amendment or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
(Intentionally Left Blank)
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day and
year first above written.
CITY OF MIAMI BEACH STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
BY: BY:
CITY Mayor District Secretary
ATTEST:
BY:
CITY Clerk
DATE:
LEGAL REVIEW:
BY: BY:
CITY General Counsel District Chief Counsel
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Page 833 of 2012