2004-25707 Reso
RESOLUTION NO. 2004-25707
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION (MBTMA), IN THE AMOUNT OF
$50,000, TO PROVIDE TRANSPORTATION DEMAND MANAGEMENT
(TOM) SERVICES TO MIAMI BEACH; AND AUTHORIZING A LUMP-
SUM PAYMENT, AS SEED FUNDING, UTILIZING FUNDS AVAILABLE
IN THE FISCAL YEAR (FY) 2004-05 PARKING FUND BUDGET.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA)
is a public-private, non-profit 501 (c)(4) organization that was specifically established to
develop, coordinate, and implement Transportation Demand Management (TDM)
services to Miami Beach; and
WHEREAS, since MBTMA's inception in 1996, the City and the Florida
Department of Transportation (FDOT), under separate agreements with MBTMA, have
provided the funds needed for the annual MBTMA operating budget; and
WHEREAS, in consideration for the TDM services to be provided by MBTMA,
pursuant to the attached Fiscal Year 2004-05 Professional Services Agreement, the City
wishes to provide for its annual lump-sum contribution, in the amount of $50,000; and
WHEREAS, in consideration for the TDM services to be provided by MBTMA, the
FDOT contribution, in the amount of $125,000, is made available after the fact, via the
reimbursement method.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORDIA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute a Professional
Services Agreement with the Miami Beach Transportation Management Association
(MBTMA), in the amount of $50,000, to provide Transportation Demand Management
(TDM) services to Miami Beach; and authorize a lump-sum payment, as seed funding,
utilizing funds available in the FY 2004-05 Parking Fund Budget.
~
,2004.
PASSED AND ADOPTED this the 28th
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~y
CITY OF I\IIIAMI.BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution authorizing the execution of an Agreement with the Miami Beach Transportation Management
Association (MBTMA), in the amount of $50,000, to provide transportation demand management (TOM)
seNices to Miami Beach; and authorizing a lump-sum payment, utilizing funds available in the FY 2004-05
Parkinq Fund Budqet.
Issue:
Shall the City renew its annual agreement with MBTMA for implementation of TOM initiatives in Miami
Beach?
Item Summary/Recommendation:
The City and the Florida Department of Transportation (FOOT) created MBTMA in 1996 to develop and
help implement TOM initiatives in Miami Beach, the first of which was the local shuttle seNice, Since then,
the City and FOOT have funded the annual MBTMA operating budget, under separate agreements with
MBTMA. The City's annual contribution is fixed at $50,000, while FOOT's contribution is $125,000. These
funds maintain MBTMA as a public-private, non-profit organization,
MBTMA'S TOM accomplishments in 2003-04 include the following: provision of annual vanpools seNices
to 45 employees of LNR Properties and MB Fire Department; hosted nine workshop/seminars on
ridesharing activities at 7 hotels and 2 businesses; hosted and promoted the "Bike to Work Week" at two
hotel sites where bike racks were installed; attended/participated in six local, county, state, and federal
workshops/programs regarding transit issues; provided four special park-and-ride seNices for events in
Miami Beach; and secured an additional $50,000 State grant to engage a marketing firm that created a new
brandinglidentity for the shuttle seNice,
MBTMA has met its TOM obligations to the City, and requires this funding to help maintain its office location
and operations as such. The City's $50,000 contribution is provided for in the FY 2004-05 Parking Fund
Budoet. The Administration recommends approval.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $50,000 480,0461,000312 FY 04/05
[ij. 2 Parking Fund budget
3
4
Total $50,000
I City Clerk's Office Legislative Tracking: Robert Halfhill
Si n-Offs:
Department Director
City Manager
T:\AGENDA\2004ISep2804IRegularIPSA with MBTMA-Summary,doc
AGENDA ITEM
DATE
J:( 7 ('1
1-1r-OC(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and Date: September 28, 2004
Members of the City Commission
Jorge M. Gonzalez (\,r-/" ~.
City Manager / ) -0
A RESOLUTION bF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH
THE MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION
(MBTMA), IN THE AMOUNT OF $50,000, TO PROVIDE TRANSPORTA-
TION DEMAND MANAGEMENT (TOM) SERVICES TO MIAMI BEACH;
AND AUTHORIZING A LUMP-SUM PAYMENT, UTILIZING FUNDS
AVAILABLE IN THE FY 2004-05 PARKING FUND BUDGET.
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Transportation Management Associations (TMAs) are public-private organizations, the
purpose of which is to introduce, create, and implement transportation demand
management (TOM) initiatives, such as local circulators, van pools, carpools, and other
programs, and to boost community awareness of such alternatives to the private
automobile. These alternative modes of transportation help reduce traffic congestion,
increase mobility, reduce demand on limited parking spaces, and enhance the quality of
life within urban communities, such as Miami Beach.
The Miami Beach Transportation Management Association (MBTMA) was created in
January 1996 and was incorporated in October 1996 as an independent, non-profit
501 (c)(4) organization.
A partnership between the City and the Florida Oepartment of Transportation (FOOT)
provides the funds needed for the annual operating budget. The FY 2004-05 MBTMA
Budget is proposed as follows:
o The City's annual lump-sum contribution is fixed at $50,000 and provides the seed
funding needed by MBTMA to function as a public-private organization.
o FOOT's cash contribution is $125,000 (received via quarterly reimbursements).
o In addition, MBTMA anticipates receiving $90,668 in "in-kind" services. FOOT requires
that such non-cash amount be included as part of the operating budget.
The total proposed FY 2004-05 MBTMA Operating Budget is $265,668, being $175,000 in
cash funds and $90,668 in "in-kind" services.
Funding for the City's $50,000 annual contribution to MBTMA is available in the FY 2004-
05 Parking Enterprise Professional Services account. Attached as Exhibit 'w' to the
Professional Services Agreement with MBTMA is the 2005 MBTMA Work Program, which
includes the following items:
o Proposed FY 2004-05 Budget Summary, including in-kind services
o Proposed FY 2004-05 Operating Budget, including in-kind services
o FY 2003-04 Annual Report of Accomplishments
o Summary of Tasks & Goals to be completed in FY 2004-05.
MBTMA's effectiveness and commitment to a Work Program has been confirmed by FDOT
and City, who closely examine its work product, as well as the monthly reports and annual
audits which MBTMA is required to submit, as a non-profit organization.
MBTMA completed the following TDM activities in FY 2003-04:
o Provided four (4) special park-and-ride services for events in Miami Beach.
o Provided annual van pool services for 45 employees of LNR Properties and Miami
Beach Fire Department.
o Hosted nine (9) workshops/seminars on ridesharing activities at 7 hotels, Chamber
of Commerce and Mount Sinai Hospital.
o Hosted and promoted the "Bike to Work Week" at two hotel sites where bike racks
were installed.
o Attended/participated in six (6) local, county, state and federal training and
workshop programs regarding transit.
o Secured an additional $50,000 State grant and engaged a marketing firm that
created a new branding/identity for the shuttle service.
FDOT's annual contribution to MBTMA is contingent upon the City's annual $50,000
contribution. Combined, these funds allow MBTMA to continue operations as a public-
private entity in Miami Beach, pay a portion of the employee salaries, lease office space,
purchase/maintain office equipment and supplies, and perform the TDM services for which
it has been hired. The Administration recommends that the City execute another annual
Professional Services Agreement with MBTMA, in the amount of $50,000, utilizing funds
available in the FY 2004-05 Parking Fund Budget.
JG/RM/FB/RH/ AJ
Attachments: Professional Services Agreement (with its Exhibit '~')
T:IAGENDAI2004ISep2804IRegularlPSA with MBTMA-Memo.doc
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
FOR THE PROVISION OF
TRANSPORTATION DEMAND MANAGEMENT SERVICES DURING FY 2004-05
THIS AGREEMENT made and entered into this 1st day of October. 2004, by and
between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having
its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 and the
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION-MBTMA
(hereinafter referred to as Consultant), a non-profit, public-private 501(c)(4) organization,
which address is 777 41 st Street, Suite 330, Miami Beach, Florida 33140.
SECTION 1
DEFINITIONS
Agreement:
This written Professional Services Agreement between the City and
Consultant.
City Manager:
The Chief Administrative Officer ofthe 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.
Services:
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement, as described in Section 2.
Project Coordinator: An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Services.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Risk Manager:
The Risk Manager ofthe City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled
"Scope of Services" (Services),
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be compensated for the Services to be provided herein, and set forth in
Exhibit "A," in an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000).
3.2 METHOD OF PAYMENT
One lump-sum payment, in the amount of $50,000, shall be made to the Consultant
upon approval of this Agreement by the Mayor and City Commission and execution of same
by the parties hereto. Consultant shall be required to submit monthly reports and other
submissions which detail the Consultant's work performed each month, as set forth in Exhibit
"A".
All funds issued by the City to Consultant shall be placed by Consultant in an account
designated solely and exclusively for the operation and administration of Transportation
Demand Management (TDM) services.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
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 ofthe Services, Consultant shall comply with all applicable laws
and any and all applicable ordinances and regulations, including but not limited to, any and all
applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of
Florida, and federal government, ADA, EEO Regulations and Guidelines.
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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 shall be filed with the City's Procurement Division.
4.4 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.
4.5 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) months, commencing on
October 1,2004, and ending on September 30,2005. Funding for any additional term(s) shall
be approved by the City and be contingent upon a favorable evaluation of the MBTMA by the
City and the Florida Department of Transportation (FDOT). Notwithstanding the aforestated
language, however, the City shall have no future obligation to renew this Agreement beyond
the twelve-month term set forth herein.
4.6 TIME OF COMPLETION
The Services to be rendered by the Consultant will commence on October 1,2004, and
will continue and be consistent with the services that the Consultant has been developing and
implementing for the City, since the execution of its first agreement with the City (which was
effective January 1,1996). Consultant shall adhere to a completion schedule, if so determined
by the City and Consultant.
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 re-use by Consultant or the parties shall be approved in writing by the City,
prior to such re-use.
4.8 INDEMNIFICATION
Consultant agrees to indemnify and hold hannless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
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and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at 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
(I %) of the total compensation to the Consultant for performance of the Services under this
Agreement is the specific consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Subsection 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 proximately resulting 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 written 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 services pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of the services the following
Insurance:
1. Professional General Liability in the amount of $1,000,000.00.
2. Workers Compensation & Employers Liability, as required pursuant to Florida Statute.
All policies are subject to the following provisions:
All insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Manager. The Citv of Miami Beach. Florida
must be named as an additional insured. Original certificates of insurance for the above
mentioned coverages, or any other form of insurance as may be required by the City or the
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City designee, must be submitted to the City's Risk Manager for approval prior to any services
commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd
Floor, City Hall. The Consultant is responsible for obtaining and submitting all insurance
certificates for its 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 ofthe City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection 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 coverage.
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 directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.10 TERMINATION. SUSPENSION AND SANCTIONS
4.10.1
Termination for Cause
If 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 this Agreement and 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 ofthe 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,
5
upon seven (7) days notice to Consultant, may terminate this Agreement and the City shall be
fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of 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 subconsultants) shall be properly assembled and delivered to the City, at
the Consultant's sole cost and expense. Consultant shall be paid for any Services
satisfactorily performed up to the date of termination, provided, however, that if Consultant
shall not comply with this paragraph, the City shall have the right to withhold any payments
to Consultant until such time as Consultant has complied.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
City for damages sustained by the City by any breach of the Agreement by the Consultant.
The City, at its sole option and discretion, shall additionally be entitled to bring any and all
legaVequitable actions that it deems to be in its best interest in order to enforce the City's right
and remedies against the defaulting party. The City shall be entitled to recover all costs of
such actions, including reasonable attorney's fees.
4.10.2 Termination for Convenience of Citv
NOTWITHSTANDING SUBSECTION 4.10.1 ABOVE, THE CITY MAY,
FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE SERVICES
THEN REMAINING TO BE PERFORMED AT ANY TIME DURING THE TERM
HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE NINETY (90) DAYS
FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN
TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED
DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN
EXHIBIT "A" SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE
CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS
TERMINATED BY THE CITY, AS PROVIDED IN THIS SUBSECTION,
CONSULTANT SHALL RETURN TO THE CITY A PROPORTION OF THE $50,000
IN FUNDS THAT WILL BE FRONTED BY THE CITY TO THE CONSULTANT, AS
A LUMP-SUM AMOUNT. CONSULTANT SHALL ALSO PROMPTLY ASSEMBLE
AND DELIVER TO CITY AT CONSULTANT'S SOLE COST AND EXPENSE, ALL
FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS
DESCRIBED IN SECTION 2 AND IN EXHIBIT "A" SHALL BE PROPERLY
ASSEMBLED AND DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST
AND EXPENSE.
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4.10.3
Termination for Insolvencv
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.
4.10.4
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 the event the City cancels or
terminates the Services pursuant to this Subsection the rights and obligations of the parties
shall be the same as provided in Section 4.10.2.
4.10.5
Chanl!es and Additions
This Agreement shall only be modified, changed or amended by an instrument
of equal dignity, executed by the officers and agents duly authorized by each respective party.
4.11 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem necessary,
there shall be made available to the City and/or such representatives as the City may deem to
act on its behalf, to audit, examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement. Consultant shall maintain any and all records necessary to
document compliance with the provisions of this Agreement.
4.12 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records
to the City and/or such authorized representatives as it may deem to act on its behalf, and
agrees to provide such assistance as may be necessary to facilitate financial audit by the City
or its representatives when deemed necessary to insure compliance with applicable accounting
and financial standards. Consultant shall allow access during normal business hours to all
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other records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
4.13 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent ofthe City.
4.14 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 controls 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 in writing prior to their
engagement by Consultant.
4.15 EOUAL 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.
4.16 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Miami-Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, as may be amended, which are incorporated by reference herein as if fully
set forth herein, in connection with the Agreement 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 has been employed by the Consultant. No
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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.
4.17 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.
2.18 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 ofthe Agreement.
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
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside ofthe city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT:
Miami Beach Transportation Management Association (MBTMA)
Judy I. Evans, Executive Director
777 41 st Street, Suite 330
Miami Beach, Florida 33140
(305) 535-9160
(305) 535-9157 - fax
mbtmatmearthlink.net
TO CITY:
City of Miami Beach
Fred H. Beckmann, Director
Director of Public Works
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6922
FredBeckmann@miamibeachfl.gov
Notices hereunder shall be effective:
9
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.
4.19 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws.
The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade
County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if
in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MA Y HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
4.20 ENTIRETY OF AGREEMENT
This writing and the 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 hereby.
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.
This Agreement shall be governed by and construed according to the laws of the State
of Florida.
4.21 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 $10,000. 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 $1 0,000.
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 $10,000 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 the City's liability as set forth in
Section 768.28, Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as ofthe date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By'
~t fCk~
City Clerk
FOR CONSULTANT:
MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION (MBTMA)
ATTEST:
Corporate Seal
T:IAGENDA \20041Sep2804\RegularIPSA with MBTMA -Agrmt.doc
APPRoveD AS TO
FORM & LANGUAGE
& FOR EXECUTION
."
cp~Jjt;.. () J
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EXHIBIT" A"
2005 MIAMI BEACH TMA WORK PROGRAM
It includes the following items:
1. Proposed 2004-05 MBTMA Summary of Tasks & Goals (scope of services)
2. Proposed FY 2004-05 MBTMA Budget Summary (including in-kind services)
3. Proposed FY 2004-05 MBTMA Operating Budget (including in-kind services)
4. FY 2003-04 MBTMA Annual Report of Accomplishments
Submitted by:
The Miami Beach Transportation Management Association, Inc.
Judy I. Evans, Executive Director
Rebecca Schwartz, Associate Director
September 10, 2004
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MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION, INC.
BUDGET SUMMARY
(October 1, 2004 - September 30, 2005)
(12 Months)
EXPENDITURES:
PAYROLL
OPERATING
EXPENDITURE TOTAL:
INCOME & SOURCES:
CITY OF MIAMI BEACH
IN-KIND SERVICES
FOOT
FUNDING TOTAL:
$
148,099
117.569
265,668
$
$
50,000
90,668
125,000
265,668
$
Does not include funding related to independent contract between City of Miami Beach and
. MBTMA for management/administration of the ELECTROWAVE shuttle project by the MBTMA.
Includes in-kind donations for board members and value of professional support time, marketing
and advertising;/publicity of TMA, use of Convention Center conference room for meetings and
workshops, volunteer staff time, legal and technical support services (documented), equipment
and furniture.
.
-
NOTE: IT IS IMPORTANT TO UNDERSTAND THAT IN-KIND/DONATED SERVICES AND EQUIPMENT
ARE CONSIDERED BY FOOT AS ACTUAL DOLLARS (DONATED SERVICES RECEIVED BY THE TMA
THAT HAVE A DOLLAR VALUE BUT THE TMA IS NOT CHARGED FOR) THESE IN-KIND SERVICES
GENERATE FUNDS FROM FDOT THAT WOULD OTHERWISE NOT BE AVAILABLE FOR THE
PROJECT.
.. ~~i",
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSN., INC.
OPERATING BUDGET
(October 1, 2004 - September 30, 2005)
(12 months)
EXPENDITURES:
SALARIES:
Executive Director (20 hrs. Wkly.) $ 40,553
Associate Director (20 hrs. Wkly.) 31,954
Marketing Coordinator (20 hrs. Wkly.) 21,621
Clerical Support (20 hrs. Wkly.) 15,363
FRINGE BENEFITS: 38.608
TOTAL PAYROLL: $ 148,099
OPERATING:
Professional Development $ 500.
Travel (Local/Out of Area) 1,500"
Office Supplies 2,000
Postage 1,000
Rent (Office Space) 12,000
Equipment Maintenance (Copier,fax,typewriter,printers) 500
Telephone 2,400
Officer/Director Liability Insurance 2,500
Bi-Monthly Accounting Services 1,751
Annual Audit 1,750
Printing (special mail inserts, fliers) 1.000....
Sub-Total: $ 26,901
IN-KIND SERViCES....
Annual City Wide Parking Permits $ 1,648
Marketing/Advertising of TMA 14,475
Board MeetinglWorkshop Room Use 1,867
Legalrrechnical Support 30,000
Professional Support 42,678
Sub-Total: $ 90,668
OPERATING TOTAL: $ 117,569
BUDGET TOTAL: $ 265,668
. Workshop Registration Fees (Assn. Commuter Transportation - National Cont., Southeastern Assn. Commuter
Transportation - Regional Cont., National TMA Summitt - based on staff schedule and available tunds)
- Airfare, hotel accommodations, ground transportation to attend above workshops
Special announcements ot workshops and handouts, mailing Inserts for City Utility Bills, materialslinfonnation packets for
annual Chamber ot Commerce Business expo and workshops
Donated Services (DoCumented)....
~ ..
. .,
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSN., INC.
ANNUAL REPORT
2003/04
The following is a summary of accomplishments for Fiscal Year 2003/04:
Special Park & Ride Services
Special P & R services provided for:
Art Basel (12/03) (280 passengers)
Boat Show (2/04) (3,401 passengers with special passes)
Memorial Day Weekend (5/04) (8,843 passengers)
July 4th Concert (7/04) (2,392 passengers)
Development of two (2) year park & ride service for maintenance
employees & shuttle employees beginning July 2004 from Watson Island
to/from Terminal Island (Hours: 7:30 a.m. - 10:00 a.m. & 3:00 p.m. - 6:00
p,m.) during construction of CMB pump station and FOOT construction in
the employee parking area on Terminal Island. Arrangements were
made for van lease, insurance, driver and dispatching through First Transit,
Inc.. Parking arrangements for Watson Island was coordinated through
the CMB Parking Department and Miami Dade County.
Vanpool Services
Employer
Employer
LNR Properties
MB Fire Dept.
3 vans (7 pass.ea.)
2 vans (9 & 15 pass.ea.)
21 employees
24 employees
Vanpoolleasing is coordinated through Vanpool Services, Inc..
Employer Ridesharing Activities
The MBTMA coordinated a record number of area employer-rideshare
events this year in cooperation with South Florida Commuter Services
(SFCS). MBTMA staff setup and worked at ridesharing exhibits, workshops
and employee transportation days at major, local work sites. Working with
the employer, SFCS is able to create a Zip Code analysis for each work
shift showing employees' home locations and identifying clusters of
possible carpoolers/vanpoolers.
In addition, to identifying potential carpools and van pools the MBTMA also
promotes transit as an alternative to the private vehicle by providing
transit schedules for employees. Along with this service employers
received assistance in developing a program that would allow
employees who use transit for their commute to/from work to take
advantage of a pre-tax purchase of transit passes.
Employees who became registered users of these ridesharing services
were also eligible for the "Emergency Ride Home Program" through SFCS.
The employee is required to ride transit, carpool, vanpool, bike or walk to
work at least three or more days a week. Eligible program participants
can use special trip vouchers to cover the cost (not including tip to the
driver) of a taxi trip home. The program includes up to six free taxi ride
vouchers per year for each individual.
Participating Employers:
Fountainbleau Hilton - Pre-tax program (Sessions held: Oct, Jan, Apr,
May, June and July)
Eden Roc Hotel - Attended Associate Appreciation Day. Working
with union representative toward development of vanpools for
hourly employees.
Holiday Inn South Beach - over 50% of employees entered into
ridesharing data base
Chamber of Commerce members - Employee Transportation
Workshop
(Nov.)
Ritz Carlton - 54 employees entered into ridesharing data base
Marriott Courtyard - Transportation Day held - work ongoing
Royal Palm Crowne Plaza - Transportation Day (June)
South Beach Marriott - Transportation Day held - work ongoing
Mount Sinai/Miami Heart Hospital- Employee Tax Benefit Program
being developed through Human Resources
"Bike to Work" Week
Activities were held in May beginning with a press conference at City Hall.
Loews Hotel and Royal Palm Crowne Plaza Hotel actively encouraged all
their employees to "Bike to Work" during the promotion. In addition, they
installed bike racks at the work sites.
0/ Training/Workshops/Presentations Attended
Alliance for Reliable Transportation - Gave formal presentation on role of
the MBTMA and the shuttle project
Citizens Independent Transportation Trust / Municipal Transportation
Workshop
Gave formal presentation regarding ELECTROW A VE shuttle project and
also served as panelist
Attended Federal Grants Management Training - Atlanta, GA
Attended 2003 Florida Commuter Choice Summit - Ft. Lauderdale, FL
Attended "Introduction to Transit Operation & Planning "5 Day Workshop"
- Florida Department of Transportation
0/ Other Related Management Projects
Worked with Miami Beach Chamber of Commerce in developing
proposal for "City Tour Project" for visitors
Serve as voting member of City of Miami Beach Transportation & Parking
Committee
Development of Park & Ride Program with City of Miami Beach Parking
Department and Director of Tourism
Prepared FY 2004/05 annual budgets for MBTMA and ELECTROWAVE
shuttle project
Conducted several tours of the ELECTROW A VE shuttle project (South
Florida Commuter Services, Florida DOT, Federal Transit Administration,
Center for Urban Transportation Research - University of South Florida)
Prepared RFQ/RFP for marketing/public relations firms for re-branding of
shuttle and coordinated selection committee process, passenger
interviews and community organization questionaire. Secured an
additional $50,000 through FOOT/South Florida Commuter Services for
shuttle re-branding consulting expenses
Respectfully Submitted:
Judy I. Evans
Executive Director
JIE:lh
Doc/tmarpto4