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Resolution 94-21096 A S r 1• • 1r • RESOLUTION NUMBER 94-21096 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF $50, 000 TOWARD THE FIRST YEAR OPERATIONS BUDGET OF THE SOUTH BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (TMA) . • WHEREAS, the City of Miami Beach has identified the existence of transportaiton and circulation problems in the City; and WHEREAS, the solution to these problems will involve a multitude of alternatives; and WHEREAS, the private sector is critical to the successful implementation of solutions; and WHEREAS, Transportation Management Association (TMA) , combining public and private resources, is an effective vehicle for addressing the issues and offering solutions; and WHEREAS, the Miami Beach Development Corporation (MBDC) has formulated a South Beach TMA which will be funded in the amount of $75, 000 by the State of Florida for its first year and $25, 000 by members of the MBDC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami. Beach is supportive of the South Beach TMA concept and hereby commits to provide a $50, 000 a matching gr or the first year operations of the TMA. PASSED AND ADOPTED this 16th _y of March, 1994 . 7 J MAYOR ATTEST: 1—(1(^xwjL CITY CLERK FORM APPROVED f`.., LEGAL DEPT. RMC: jph By 769 Date 3-11-C`P • ' r 1 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. - TO: Mayor Seymour Gelber and DATE: March 16 , 1994 Members of the City Commission FROM: Roger M. Ca • City Manag• t% SUBJECT: A RESOLUTION AUTHORIZING THE EXPENDITURE OF $50,000 TO FUND A PORTION OF THE FIRST YEAR OPERATION COSTS FOR A SOUTH BEACH TMA (TRANSPORTATION MANAGEMENT ASSOCIATION) ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission approve the attached Resolution authorizing the expenditure of $50, 000 to fund a portion of the first year' s operation for a South Beach TMA (Transportation Management Association) . BACKGROUND: For approximately a year, the concept of a Transportation Management Association (TMA) has been floated in Miami Beach. The attached documentation shows how effective a TMA can be along with its benefits . Miami Beach Development Corporation has been the focal point of this activity. The State of Florida has agreed to fund $75, 000 toward the first year of operations, while MBDC has obtained $25, 000 from its membership. The City is requested to fund $50, 000 . ' for the balance of the first year' s operation. ANALYSIS: The City had expressed concern that the TMA was too limiting. After meeting with representatives of Miami Heart Institute, Mt . Sinai Hospital and the Fontainebleau Hilton, it was determined that there was significant interest from those three major employers to be. a part and for the boundaries to be moved north to 48th Street . The proposal was reviewed and endorsed by the City' s Parking and Transportation Committee meeting jointly with the Miami Beach Chamber of Commerce' s Parking and Transportation Committee. The endorsement was unanimous with the boundary change and the three employers added to the Board and the condition that the TMA hire a transportation professional and that a treasurer be appointed separate from MBDC' s treasurer. The attached By-Laws request these changes . CONCLUSION: • The City of Miami Beach should commit $50, 000 towards the operation of the TMA with the understanding that the conditions above will be observed and that the matching sources would come through. RMC:jph 2.C'5 Attachment -1- AGENDA ITEM — DATE 3 — 9 (4 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MIAMI BEACH DEVELOPMENT CORPORATION (MBDC) BY AND ON BEHALF OF THE SOUTH BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (SO BE TMA) THIS AGREEMENT made this 3 O day of OweAvii.eiv , 1994 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and MBDC, by and on behalf of SO BE TMA, (Consultant). SECTION DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: ."City Manager" means the Chief Administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the Consultant's Services are complete as provided in Section 4.8 of this Agreement. Fixed Fee: Fixed amount paid to the Consultant`to allow for its costs and margin of profit. Project Coordinator: An individual designated by the City Commission to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work and Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Consultant Services as provided in Section 4.9 of this Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 below, if directed and authorized. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of.work for this project to be performed by the Consultant is set forth in Exhibit "A", entitled "Scope of Services" (Services). SECTION 3 COMPENSATION 3.1 FIXED FEE The City agrees to provide Consultant with funds in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00) to be used in furtherance of the services to be performed herein, such services as set forth in Exhibit "A" hereto. All funds issues by the City to Consultant shall be placed by Consultant in an account designated solely and exclusively for the operation and administration of the SO BE TMA. 3.2 METHOD OF PAYMENT Payment shall be made to the Consultant at the time of execution of this Agreement. At the request of the City, however, Consultant shall be required to submit invoices or other submissions which detail or represent the completion of project milestones as set forth in Exhibit "A". Specific milestones shall include the submission of an invoice documenting the completion of tasks related to the data collection effort, a draft report of the operation and management review and the final consolidated report document. All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. -2- �'• 1 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the" City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by Consultant. 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of one year from the date of execution of this Agreement. Any future term of this Agreement following the one-year term set forth herein, shall be subject to the approval of the City. The City's future funding for any additional term(s) shall also be contingent upon a favorable evaluation of the SO BE TMA by the City and the Florida Department of Transportation. Notwithstanding the aforestated language, however, the City shall have no future obligation to renew this Agreement beyond the one-year term set forth herein. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which render performance of -3- 6 1 the Consultant's duties impracticable. 4.6 NOTICE TO PROCEED Unless otherwise directed by the City, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT • All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse shall be approved by the City. 4.8 INDEMNIFICATION Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees,, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent; the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total Compensation to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. - The Consultant's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shay I maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: fl -4- s + , I 1 1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement,"and the City shall have the right to obtain from the Consultant specimen copies.of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.9.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.9.2 Certificates Unless otherwise directed by the City, the Consultant shall not commence any services -5- . 2 pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.10 FINAL ACCEPTANCE When the Consultant's Services have been completed, the Consultant shall so advise the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the City under any other Section of this Agreement. 4.11 TERMINATION, SUSPENSION AND SANCTIONS 4.11.1 Termination for Cause If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven days notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set off until such time as the exact amount of damages due the City from the Consultant is determined. 4.11.2 Termination for Convenience of City The City may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City shall compensate the Consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of -6- . Y { I the City's liability to the Consultant upon a Termination as provided for in this Section. 4.11.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. 4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in Section 4.10.2. 4.11.5 Changes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable,any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents,written Notices to Proceed, or other documentation in this regard. 4.12 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City; which consent, if given, shall be at the sole and absolute discretion of the City. 4.13 SUB-CONSULTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub- consultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. All sub-consultants must be approved by the City in writing prior to their engagement by Consultant. -7- . 4.14 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in'whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or -8- • may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: South Beach Transportation Management Association Attn: Denis Russ 1205 Drexel Avenue, 2nd Floor Miami Beach, FL 33139 (305) 538-0090 TO CITY: Office of The City Manager Attn: Harry Mavrogenes, Assistant City Manager 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7010 WITH COPIES TO: Office of the City Attorney Attn: Laurence Feingold, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 • Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.18 LITIGATION JURISDICTION Any litigation, between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of the State of Florida. 4.19 ENTIRETY OF AGREEMENT . This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings; oral or written with reference to the subject matter hereof that are not merged herein and superseded -9- • hereby. The Scope of Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, shall be governed by and construed according to the laws of the State of Florida, County of Dade. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$50,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $50,000 less the amount of all funds actually paid by the City to Consultant pursuant to this agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of$50,000 which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. 4.21 ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement,,or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the -10- . a 4 breach hereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. • FOR CITY: CITY OF MIAMI BEACH, Fl ORIDA ATTEST: • BY l�-vuw`- .By: City Clerk City Manager FOR CONSULTANT: MIAMI BEACH DEVELOPMENT CORPORATION (MBDC) BY AND ON BEHALF OF THE SOUTH BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (SO BE TMA) ATTEST: By: eereta P s' ent Corporate Seal RJA/cnm:c:\wpwin\wpdocs\agts-etc\SOBE-TMA.ag2\11-18-94 • FORM APPROVED LEG D -PT. / Q2� L . � a- p..9ct- if 21 9- -11.- • • EXHIBIT A, FIRST YEAR WORKPROGRAM AND MISSION, GOAL AND OBJECTIVES SoBe TMA First Year Workprogram 1. Organize and Structure the South Beach TMA a. Establish SoBe TMA Organizational Group. b. Establish SoBe TMA Steering Committee. c. Define Mission, Goals and Objectives. d. Execute Operating Protocol with MBDC. e. Create By-laws. f. Create Work Plan. ' g. Create Budget. h. Define Boundaries. i. Secure Funding from the City of Miami Beach. j. Execute Joint Participation Agreement with FDOT District VI. k. Coordinate work Plan and funding with the Dade County MPO. Time Frame: October 1994 to December 1994 2. Research and Development. • a Establish baseline transportation conditions using available City, County and Regional data, coordinated with previous member studies, for short and long term project development. b Conduct resident, visitor and business surveys in cooperation with FIMAT. c Coordinate survey results with FDOT's RCAP and the Dade County MPO. d Conduct a Bicycle and Pedestrian Study in cooperation with the Dade County MPO. e Utilize available resources to initiate a comprehensive Neighborhood Transportation and Parking Masterplan. f Utilize available resources to initiate a comprehensive Tourist Mobility Plan. g Coordinate with the City of Miami Beach to study current supplier delivery requirements. Time Frame: October 1994 to Ongoing 3. Dissemination of Information; Educational Outreach. a Establish SoBe TMA identity program, including logo, brochure and development of other marketing materials. b Define a public policy program. c Publicize survey and study results. d Conduct quarterly SoBe TMA Transportation Forums. e Conduct Special Events on an as-needed basis in support of the SoBe TMA goals and objectives. " Time Frame: October 1994 - ongoing 4. Program Implementation A. Short-Term 1 South Beach Circulator 2 Airport to Miami Beach Hotel Shuttle 3 Advocate Lincoln Road Electric Tram Service by Lincoln Road Partnership 4 Advocate Private Sector Water Taxi Service Time Frame: October 1994 to March 1995 B. Long- Term 1. Comprehensive Circulator/ Signage/Parking/Visitor Information Center Program 2. Develop the appropriate TDM/TSM strategies for the area based on study and survey results as outlined in Task 2. 3. Implement TDM/TSM strategies as outlined above. Time Frame: January 1995 - ongoing O 5. Membership Formulate membership and funding structure. Recruitment of additional private-sector members. Develop community-based participation and membership. • Time Frame: October 1994 - Ongoing 6. Public Awareness Increase public awareness of the TMA by further promoting program and services identified in Task 4. Continue TMA outreach/educational activities identified in Task 3 in response to evolving community issues Time Frame: October 1994 - ongoing 7. Monitor and Evaluate Progress Tie in goal, objectives, programs and services to measure the effectiveness of: Membership, Public Awareness, Transportation Services, and Traffic Congestion. Evaluation of TMA based on modified FDOT standards. Adjust programs and services as necessary Time Frame: Quarterly selfreview. Formal RCAP review annually . • L Stiffed eaae‘ 7 SoBe TMA 71Latage# .rt jiddeeit First Year Operating Budget October 1, 1994 to September 30, 1995 Source of Income Florida Dept of Transportation 75,000 City of Miami Beach 50,000 Private Sector 25,000 Total Income $150,000 Expenditures MBDC/TMA Managing Director* 7,500 TMA Executive Director 40,000 Administrative* 7,500 Total Salaries 55,000 Fringe Benefits @ 20% 11,000 Total Payroll Costs 66,000 Professional Development 2,000 Computer Workstation* 2,500 Public Education [Forums] 3,500 Research& Contract Services [Surveys] 8,000 Marketing&Promotion 25,000 Project Specific Support [SoBe Circulator; Airport Shuttle] 36,000 Other Expenditures* 7,000 Total Expenditures $150,000 *It is anticipated that SoBe TMA will enter into an agreement to provide funds of$25,000 to MBDC to cover the overhead and administrative costs associated with the TMA. Sawa eeaco(c 7teuteiemesteetia SoBe TMA Wa€ femme rifeweteeerattle MISSION The mission of the South Beach Transportation Management Association -- SoBe TMA -- is to actively contribute to the improvement of South Beach's transportation systems. The Association will identify problems and propose solutions based upon transportation demand management principles. The Association will plan and implement programs aimed at improving local traffic and parking conditions and will encourage and assist positive actions by others in both the private and public sectors. The Association will undertake its work in a manner that contributes to the area's economic and community development while sensitive to environmental concerns and the integrity of the historic district. GOAL The primary goal of the SoBe TMA is to enable the area's businesses, citizens, community groups and City government to work effectively together with County and State governments in developing and implementing solutions to the unique transportation problems of South Beach. OBJECTIVES ❑ Coordinate efforts of the South Beach business and residential community to work cooperatively with State, County and City government in transportation planning,policy development and program implementation. ❑ Actively seek grant funds and other financial and organizational support for community participation in transportation planning, policy development and program implementation. ❑ Reduce the area's reliance upon private, single occupant vehicles using strategies that more adequately address the area's resident,visitor and business generated traffic patterns. ❑ Foster attitudes and behaviors that encourage use of transportation modes that are appropriate for our human scaled urban environment, such as walking,bicycling, ride sharing and public transportation. ❑ Foster-the development of a greater range of public and private transportation services available to Miami Beach residents (including South, Middle and North Beach areas), visitors and businesses, including but not limited to jitneys,trams and mini-buses. ❑ Assure that the area's parking management program maximizes the efficiency of parking facilities and reflects the goal of increased use of appropriate transportation alternatives. ❑ Make appropriate recommendations to local government regarding transportation infrastructure planning and provide policy guidance with regard to real estate development activities that affect the South Beach community. ❑ Provide support and technical assistance to the private and public sectors regarding the design, implementation and administration of transportation management programs. ❑ Research various forms of strategies that manage the demand for transportation and serve as a local clearinghouse on local and national transportation issues and funding initiatives. ❑ Develop public awareness and community-based support for the long-term success of the SoBe TMA and its mission,goals and objectives. SoBe TMA sOwee 9eetel Miami Beach'Development Corporation 1205 Drexel Ave.,Miami Beach,FL 33139(305)538-0090 FAX 538-2863 SoBe TMA South Beach Transportation Management Association BY-LAWS ARTICLE I -- NAME The name of this association shall be the "South Beach Transportation Management Association." ARTICLE II--PURPOSE The mission of the South Beach Transportation Management Association -- SoBe TMA - - is to actively contribute to the improvement of South Beach's transportation systems. The Association will identify problems and propose solutions based upon transportation demand management principles. The Association will plan and implement programs aimed at improving local traffic and parking conditions and will encourage and assist positive actions by others in both the private and public sectors. The Association will undertake its work in a manner that contributes to the area's economic and community development while sensitive to environmental concerns and the integrity of the historic district. The primary goal of the SoBe TMA is to enable the area's businesses, citizens, community groups and City government to work effectively together with County and State governments in developing and implementing solutions to the unique transportation problems of South Beach. The Association will pursue its mission and goal by pursuing the following objectives: 2.1. Coordinate efforts of the South Beach business and residential community to work cooperatively with State, County and City government in transportation planning, policy development and program implementation. ' 2.2. Actively seek grant funds and other financial and organizational support for community participation in transportation planning, policy development and program implementation. 2.3. Reduce the area's reliance upon private, single occupant vehicles using strategies that more adequately address the area's resident, visitor and business generated traffic patterns. 2.4. Foster attitudes and behaviors that encourage use of transportation modes that are appropriate for our human scaled urban environment, such as walking, bicycling, ride sharing and public transportation. 2.5. Foster the development of a greater range of public and private transportation services available to Miami Beach residents (including South, Middle and North Beach areas), visitors and businesses, including but not limited to jitneys, trams and mini-buses. 2.6. Assure that the area's parking management program maximizes the efficiency of parking facilities and reflects the goal of increased use of appropriate transportation alternatives. 2.7. Make appropriate recommendations to local government regarding transportation infrastructure planning and provide policy guidance with regard to real estate development activities that effect the South Beach community. 2.8. Provide support and technical assistance to the private and public sectors regarding the design, implementation and administration of transportation management programs. 2.9. Research various forms of strategies that manage the demand for transportation and serve as a local clearinghouse on local and national transportation issues and funding initiatives. 2.10. Develop public awareness and community-based support for the long-term success of the SoBe TMA and its,mission, goals and objectives. ARTICLE III-- GEOGRAPHIC TARGET AREA The Geographic Target Area includes the portion of Miami Beach lying south of Forty- Ninth Street. ARTICLE IV--AFFILIATION The association is affiliated as a constituent part of the Miami Beach Development Corporation. The Association acts under the auspices of the MBDC Board of Directors as an independent policy making body. MBDC staff serves as the TMA's staff, under supervision of MBDC's President. The TMA Executive Director shall serve at the pleasure of the TMA Executive Board and under its direction. . ARTICLE V--MEMBERSHIP 5.1 Regular Membership shall be open to all companies, businesses, agencies, and community and resident groups, including both public and private entities, located or conducting business within the area served by this association. Membership dues shall be established by the TMA Executive Board. 5.2 Associate Membership shall be open to those persons and groups not eligible for Regular Membership who shall ascribe to the purposes of the association. Membership dues shall be established by the TMA Executive Board. 5.3 All Regular Members and Associate Members of the TMA shall also be designated as a special class of members of the Miami Beach Development Corporation. 5.4 The Florida Department of Transportation shall serve as an ex-officio, non- voting member of the association. ARTICLE VI-- TMA EXECUTIVE BOARD 6.1 The affairs of the Association shall be managed by or under the authority of the TMA Executive Board. 6.2 The following organizations shall each designate one representative to serve on the TMA Executive Board: - Miami Beach Development Corporation Miami Design Preservation League Lincoln Road Task Force Ocean Drive Association Washington Avenue/Espanola Way Association Miami Beach Chamber of Commerce Convention Center/TOPA/SMG Fountainbleau Hilton Hotel Miami Heart Institute Mount Sinai Medical Center City of Miami Beach City of Miami Beach Parking and Transpiration Committee Up to ten additional directors may be elected to the TMA Executive Board by nomination and majority vote of the TMA Executive Board. Directors shall serve for a one year term � C or until the election of their replacement. The TMA Executive Board shall nominate and by majority vote shall elect Directors to fill any vacancy. 6.3 Meetings shall be convened at the call of the chairman and/or the executive director upon written notice to each director at least three working days in advance of the meeting. At any duly called meeting a quorum shall be composed of a majority of directors in office. ARTICLE VII-- OFFICERS 7.1 The TMA Executive Board shall annually elect a chairman,.a vice-chairman, secretary, treasurer and such additional officers as shall be determined to be necessary or desirable. 7.2 The duties of the Officers shall be those that are normal for such an Association and those additional duties as may from time to time be specifically designated by the TMA Executive Board. ARTICLE VIII--AMENDMENT These Bylaws may be amended by majority vote at any duly convened meeting of the TMA Executive Board. • OPERATING PROTOCOL Memorandum of Understanding. South Beach Transportation Management Association and Miami Beach Development Corporation • The South Beach Transportation Management Association--SoBe TMA -- has been organized by the Miami Beach Development Corporation to address transportation issues in South Beach. The association is a membership organization, governed by its Bylaws and an independent policy-Making body. The Association is affiliated as a constituent.part of MBDC which provides operating assistance, staff support and fiscal stewardship. Agreed to by SoBe TMA --August 3, 1993 Agreed to by MBDC -- August 2, 1993