99-23327 RESO
RESOLUTION NO. 99-23327
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND 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 (TDM) SERVICES TO MIAMI BEACH; AND FURTHER
AUTHORIZING A LUMP-SUM TRANSFER OF THE ABOVE MENTIONED
FUNDS TO MBTMA, UTILIZING FUNDS PROVIDED FOR THE PURPOSE
IN THE PROPOSED FISCAL YEAR 1999-2000 PARKING ENTERPRISE
FUND BUDGET.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA) is a
public-private organization specifically established to develop, coordinate, and implement
transportation demand management (TDM) services to Miami Beach, meaning transit alternatives
to the private automobile; and
WHEREAS, since MBTMA's inception, the City has provided the "seed funding" needed
by the Association to perform the above-mentioned services, as specified in the Agreement; and
WHEREAS, MBTMA's partners in Fiscal Year 1999-2000 are proposed to be the City,
contributing $50,000; the Florida Department of Transportation (FDOT) at $75,000; membership
dues at $10,000; and in-kind/sponsorship services at $99,600; and
WHEREAS, the City wishes to provide for its annual lump-sum contribution, in
consideration for the services to be provided by MBTMA in the attached Professional Services
Agreement and, further, for as long as MBTMA continues to fulfill its purposes and abides by all
City and State requirements for the Association.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the attached
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 further authorize a lump-sum transfer of the above-mentioned funds
to MBTMA, utilizing funds provided for the purpose in the proposed Fiscal Year 1999-2000 Parking
Enterprise Fund Budget.
PASSED AND APPROVED this the 22nd day of
September
, 1999.
ATTEST:
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APPROVED ~.s TO
FORM & LANGUAGE
.Ii. & FOR EXECUTION
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ITY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~'1
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: September 22, 1999
FROM:
Sergio Rodriguez
City Manager
I,'
SUBJECT:
A RESOL I N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND 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 (TDM) SERVICES TO MIAMI BEACH; AND, FURTHER
AUTHORIZING THE LUMP-SUM TRANSFER OF $50,000 TO MBTMA, AS
"SEED FUNDING" FOR THE DEVELOPMENT AND IMPLEMENTATION
OF TDM INITIATIVES, UTILIZING FUNDS PROVIDED FOR THE
PURPOSE IN THE PROPOSED FISCAL YEAR 1999-2000 PARKING
ENTERPRISE FUND BUDGET.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Transportation Management Associations (TMAs) are public-private organizations, the purpose of
which is to introduce, create, coordinate, and implement transit alternatives to the private
automobile, such as local circulators, vanpools, 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, improve parking availability, and
enhance the quality of life within urban communities, such as Miami Beach.
The Miami Beach Transportation Management Association (MBTMA) was created in January 1995
and was incorporated in October 1995 as an independent, non-profit 501[c][6] organization, through
a partnership between the City of Miami Beach, the Florida Department of Transportation (FDOT),
and the Miami Beach business community. This partnership funds the annual MBTMA operating
budget. Attached herein as Exhibit A is MBTMA's FY 1998-99 Accomplishments Report.
MBTMA's main effort to date has been the Electrowave Service, which has successfully operated
in South Beach for over one and one-half years, carrying over 2.2 million riders. MBTMA is
presently educating the major Miami Beach area employers about alternative programs for employee
commuting, such as vanpools and carpools.
Agenda Item --R L 3""
,
q-;l:;l-~3
Date
344
ANALYSIS
The City has maintained two professional services agreements with MBTMA for the performance
of two separate but related functions, which in the long run, benefit the City and the Miami Beach
community:
1. The MBTMA Agreement, this agenda item, contributes $50,000 in "seed" fuding to help
sustain MBTMA operations, in partnership with the Florida Department of Transportation
(FDOT), which ,l;ontributes $75,000. The City's contribution provides the "seed" funding
needed by MBTMA to function as a public-private organization, since the FDOT funds are
received in quarterly installments, after a report/invoice is submitted to FDOT by MBTMA.
2. The Electrowave-Related Agreement, a subsequent item on this same City Commission
Agenda, hires MBTMA to provide contract management and overall administrative services
for the E1ectrowave Project, using funds allocated for the purpose in the annual shuttle
budget, at $99,250. Further explanation is provided with the specific Agenda item.
MBTMA's effectiveness and commitment to a Work Program has been confirmed by FDOT and City
staff who evaluate monthly and yearly reports, as well as the annual audit which MBTMA is required
to submit. The 1999-2000 Work Program which focuses on transportation demand management
issues other than the Electrowave, is herein attached as Exhibit B. Following is an overview of
MBTMA's operating budget history (cash and in kind) and its funding sources, including the
proposed 1999-2000 figures:
9 Months Proposed
Funding Sources Jan/Dec'95 Jan/Dec'96 Jan/Sept'97 1997-98 1998-99 1999-2000
FDOT $ 75,000 $ 73,590 $ 45,420 $ 70,485 $ 75,000 $ 75,000
CITY 50,000 50,000 35,000 50,000 50,000 50,000
Membership dues 2.500 2.000 12.000 12.000 12.000 10.000
Cash Totals ............... $127,500 $125,590 $ 94,420 $132,485 $137,000 $135,000
Plus:
In-Kind/Sponsorship $ 22,500 $ 53,385 $ 89,400 $172,950 $113,000 $ 99,600
These in-kind/sponsorship services are detailed in MBTMA's FY 1999-2000 Proposed Operating
Budget (Exhibit C, Page 3).
Funds for the City's $50,000 annual contribution to MBTMA are provided in the Proposed 1999-
2000 Parking Enterprise Fund budget. Attached herein are the following MBTMA-provided
documents:
FY 1998-99 Accomplishments Report (Exhibit A)
FY 1999-2000 Work Program detailing mission and goals (ExhibitB, six pages)
FY 1999-00 Operating Budget, detailing salaries, operating, and work plan expenditures(ExhibitC)
FY 1999-2000 Budget Summary, detailing expenditures, income, and funding sources (Exhibit D).
345
CONCLUSION
Miami Beach needs to achieve a balance between vehicular traffic demands on the limited roadway
system and parking availability, and the demands for a better quality oflife for residents, business
owners, and visitors alike. Continued MBTMA activities will help ensure that other innovative
transportation demand management (TDM) strategies, initiatives and programs recommended by the
Municipal Mobility Plan, are implemented and operated as successfully and effectively as the
Electrowave Service has been.
s~r
(tma99-00)aj
346
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
THIS AGREEMENT is made this d~NO day of ~-r It111/!:JJ7L- , 1999 by and
between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
successors, legal representatives, and assigns, and the MBTMA (Consultant).
SECTION 1
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 same are set forth in Section
2 of this Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
Project
Coord i nator:
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
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 Subsection 4.10 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 and services to be performed by the Consultant is set forth In
Exhibit "A," entitled "FY 1999-2000 Work Program" (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), from the Parking Enterprise Fund, to be used in furtherance of the
Services to be performed herein, such Services as set forth in Exhibit "A" hereto. 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 the MBTMA.
3.2
METHOD OF PAYMENT/REPORTING
One lump-sum payment shall be made to the Consultant at the time of execution of this
Agreement. Consultant shall be required to submit monthly reports or other submissions
which detail the Consultant's work performed each month, as set forth in Exhibit "A".
An annual report is also required, documenting the status of each task or project
initiated or completed within the year. All submissions shall contain a statement that the items
set forth therein are true and correct and in accordance with the Agreement.
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
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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
PROIECT 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 twelve (12) months, commencing
on October 1, 1999, and ending September 30, 2000. 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. Notwithstanding the aforestated
language, however, the City shall have no future obligation to renew this Agreement beyond
the twelve-month term set forth herein.
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant will commence on October 1, 1999,
and follow the continuation of the services that the Consultant has been developing and
implementing regarding transit related projects and programs for the City, since the execution
of its first Agreement with the City, effective January 1, 1995. Consultant shall adhere to a
completion schedule, if so determined by the City and Consultant.
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
the Consultant's duties impracticable.
4.6
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
excl usively to the Services described herein, and are intended or represented for ownership
by the City. Any reuse by Consultant or the parties shall be approved in writing by the City.
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4.7
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, 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
(1 %) 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 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.
4.8
INSURANCE REQUIREMENTS
The Consultant shall not commence any work 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 work the following
Insurance:
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.
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 its
insurance company. 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. Original
certificates of insurance for the above coverage must be submitted to the City's Risk Manager
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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. 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 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 overage.
4.8.1 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.
4.8.2 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.
4.9
FI NAL ACCEPTANCE
When the 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 or
remedies available to the City under any other Section of this Agreement.
4.10
TERMINATION. SUSPENSION AND SANCTIONS
4.10.1
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
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remains uncured after (10) days, the City, upon seven (7) 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 del ivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services satisfactorily performed by the
Consultant prior the date of the Notice of 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.
4.10.2
Termination for Convenience of City
The City may, for its convenience and without cause, 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 and Exhibit "A" shall be properly delivered to the City. If
the Agreement is terminated by the City as provided in this Subsection, the City shall
compensate the Consultant for all Services satisfactorily performed by the Consultant and
reasonable direct costs of Consultant for assembling and delivering to City all documents.
Such payment shall be the total extent of the City's liability to the Consultant upon a
Termination for Convenience, as provided for in this Subsection.
4.10.3
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.
4.10.4
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 obi igations of the parties shall be the same
as provided in Section 4.10.2.
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4.10.5
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.
4.11 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.
4.12 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.
4.13 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.
4.14 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 Agreement conditions hereunder.
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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.
4.15 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.
4.16 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
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:
Miami Beach Transportation Management Association
Attn: Judy Evans, Executive Director
Colonial Bank Building
301 41 st Street, 5th Floor
Miami Beach, Florida 33140
(305) 535-9160
TO CITY:
City of Miami Beach
Attn: Matthew Schwartz, Assistant City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7000, Ext. 6606
-8-
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, 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.
4.17 LITIGATION IURISDICTION/vENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
4.18 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. The
Services and the Proposal Documents are hereby incorporated by reference into this
Agreement.
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.
4.19 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
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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 the City's
liability as set forth in Section 768.28, Florida Statutes.
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, FLORIDA
ATTEST:
By:
~o ~Cb
City Clerk
By:
~4
Mayor
FOR CONSULTANT:
MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION
~/
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By: ~ ~
President
Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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1tlt~ ~~~-
SWORN STATEMENT PIIRSIJANT TO SECTION 287.133(3)(a).
FLORIDA STATUTES, ON PIIBLIC ENTITY CRIMES
THIS FORM MIIST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTIIER OFFICIAL
AIITIIORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to
City of Miami Beach
by
Judy I. Evans, Executive Director
(print individual's name and title)
fur Miami Beach Transportation Management Assn., Inc.
(print name of entity submitting sworn statement)
whose business address is
301
41st Street, Suite 502, Miami Beach, FL 33140
and (if applicable) its Federal Employer Identification Number (FEIN) is
65-0628983
(If the entity has no FEIN. include the Social Security Number of the individual signing this sworn
statement( .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(] )(g), Florida Statutes. means a violation of any state or
federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to
be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering. conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida Statutes. means a finding of guilt or a
conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges
brought by indictment or infonnation after July J, 1989, as a result ofajury verdict, non-jury trial, or entry ofa plea of guilty or nolo
contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes. means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public
entity crime. The tenn "affiliate" includes those officer, directors, executives. partners, shareholders, employees, members, and agents
who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be
a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an atliliate
5. I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes. means any natural person or entity organized under
the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with
a public entity. the tenn "person" includes those officers, directors, executives, partners, shareholders, employees, members. and agents
who are active in management of an entity.
6. Based on infonnation and belief, the statement which I have marked is true in relation to the entity submitting this sworn statement
(indicate which statement applies.)
xx Neither the entity submitting this sworn statement, nor any of its officers, directors. executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July I. 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees. members. or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement. or one or more of its officers, directors, executives, partners, shareholders,
employees members. or agents who are active in the management of the entity, or an atliliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida. Division of Administrative Hearings and the Final Order entered by the
Hearing Officer detennined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list (attach a copy of the final order)
EXHIBIT 4
Miami Beach Transportation Management Assn., Inc.
FISCAL YEAR 1998 - 1999
ACCOMPLISHMENT REPORT
During this third year of funding for the Miami Beach Transportation Management
Association, Inc. (MBTMA), traditional transportation management services were offered
(carpool. vanpool coordination) with major focus being placed on the continuing
development, operation, management and promotion of the "ELECTROWA VEil shuttle
project for the City of Miami Beach. The following is a summary of work performed during
this funding period:
· Coordinated, hosted and conducted use of ELECTROWA VE shuttles for a
multitude of special services involving national, state and community leaders,
organizations, and other professional associations.
· Created, developed and produced a slide presentation on the ELECTROWA VE
which was used at a number of conferences.
. Coordinated and implemented promotions for shuttle project.
. Distributed over 200,000 "ELECTROWA VEil brochures in Miami Beach and
Miami-Dade County.
· Responded to inquiries and requests for information regarding the
ELECTROWA VE from local and state governmental agencies as well as other
organizations from around the country.
. Applied for and received several state and national awards for the ELECTROWA VE
and the MBTMA.
. Enhanced ELECTROWA VE route to include southernmost section of Miami Beach
(South Pointe area).
. Prepared and distributed information to local businesses and residents regarding
ELECTROWA VE route enhancement to South Pointe area.
. Met with Loews Hotel staff to discuss alternative ridesharing options for 900
employees.
· Disseminated information to Loews Hotel staff on car pools, van pools, park & ride,
public transportation and the state's Emergency Ride Home Program.
. Held several meetings with a City of Miami Beach Commissioner and many local
hotel owners/representatives to discuss impact of employee and guest parking on
community; discussed working with the MBTMAlELECTROWAVEto develop and
implement alternative ridesharing options for employees as well as informing guests
about the ELECTROWA VE.
. Met with City Commissioners and staff on several occasions to discuss the
Intermodal Center and Municipal Mobility Plan - both of which include the
ELECTROWA VE.
. Coordinated fleet maintenance agreement with City of Miami Beach Fleet
Management Division for maintenance of shuttle vehicles.
. Held informal quarterly meetings with shuttle drivers and supervisors to
show/demonstrate(?) support, foster communication, and present incentive awards
to selected drivers.
. Coordinated ELECTROWA VE ridership survey (volunteers from community
assisted with survey process).
. Developed RFP in compliance with Federal and State bidding and procurement
requirements for manufacturers of electric shuttle buses to invite bids for four (4)
additional electric shuttle buses to add to existing fleet.
. Secured approval by City Commission to implement fare for ELECTROWA VE
shuttle system.
. Finalized work related to new shuttle stop slgnage and placement (due to
implementation of fare).
. Finalized fare implementation procedures
. Developed fare collection accounting procedures with City of Miami Beach Parking
Department and the Finance & Budget Offic.
. Developed contract and schedule for fare collection with City of Miami Beach
Parking Department and collector - Central Parking System
. Created and posted signage introducing implementation of fare.
. Wrote press release informing public of implementation of fare.
. Coordinated with City of Miami Beach Art in Public Places Committee and prepared
a proposal for requests for artwork to be placed on the exterior of four (4) new
shuttles. Artwork applications to be sent to local artists on County's list; in addition,
responded to inquiries and distributed proposals to other artists.
. Developed press release pertaining to Art in Public Places Committee's request for
artwork.
. Developed RFP for graphic design and marketing of shuttle project.
. Submitted Service Development grant to FOOT for 1998/99 shuttle operations
funding in the amount of $400,000.
. Received official notification of FTA Section III grant in the amount of $1.2 million
dollars in capital funds to purchase additional shuttle vehicles.
. Submitted request to FOOT and received approval for $248,125 in toll revenue
credits as match for FTA Section III funds (in lieu of using city funds to meet grant
match requirements).
. Developed "Safety Procedure Manual" for ELECTROWA VE operations as required
by Florida Department of Transportation - Division of Transit Safety.
. Submitted required monthly Operation Reports for the ELECTROWA VE to the
Florida Department of Transportation, Miami-Dade County, and the Department of
Environmental Protection.
. Maintained daily, weekly and monthly passenger reports for the ELECTROWA VE
project.
. Developed new ELECTROWA VE brochure introducing fare implementation and
extension of route.
. Developed various daily operation reporting forms for ELECTROWA VE including
amperage usage, mileage, passenger counts, daily vehicle availability.
. Submitted annual emission/environmental impact report for ELECTROWA VE to
Miami Dade County.
. Responded to passenger complaints in relationship to ELECTROWA VE.
. Maintained records related to ELECTROWA VE incidents.
. Maintain and monitor special information telephone line for ELECTROWA VE.
l::XHIBtr B
Miami Beach TMA
WORK PROGRAM
(October 1, 1999 - September 30, 2000)
MISSION:
To actively contribute to the improvement of Miami Beach's transportation
systems. The Miami Beach TMA will identify problems and propose solutions based
upon transportation demand management principles. The Miami Beach TMA 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 Miami Beach TMA 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 following goals and services are not based on individual areas or
membership participation areas, but on the needs of the entire Miami Beach TMA
membership.
GOALS:
1. To Maintain an Effective TMA Organizational Structure by:
a. Maintaining financial structure of the TMA.
b. Monitoring financial progress.
c. Developing long-range strategic plan.
d. DevelopmenUproduction of effective membership outreach materials.
e. Implementing Work Plan for 1999 - 2000 budget year.
f. Maintaining & Managing Budget for 1999 - 2000 budget year.
g. Execute Joint Participation Agreement with FOOT District VI.
h. Coordinate Work Plan and funding with the Dade County MPO.
I. Securing membership in the TMA
Time Frame: October 1999 - Ongoing
2. Develop Business Community Awareness of Transportation Issues and
TMA Activities and Services by:
a. Serving as an information clearinghouse for area employers,
developers, property owners, and residents on local, state and
national transportation-related issues, programs and activities.
b. Publication of Quarterly Miami Beach TMA newsletter known as Trans
Update and its distribution/circulation to membership and potential
members, businesses, and employers.
c. Hosting bi-annual TMA workshops and/or seminars with speakers on
local transportation related issues, relevant to the local
business and residential community.
d. Soliciting media coverage of TMA related projects and local
transportation services, and planning issues through press
releases, and invitations to TMA events, etc.
e. Developing community based programs and events linked to carpooling,
vanpooling, area shuttle service, local transit service, and bikeways.
f. Coordinate transportation days at employment sites through Gold Coast
Commuter Services, to increase community awareness of alternative
transportation, and to build constituency for membership.
Time Frame: October 1999 - Ongoing
3. Research and Development:
a. Continue to establish baseline transportation conditions using available
City, County, and Regional data coordinated with previous member
studies for short and long term project development.
b. Evaluate expansion of the shuttle route to include Middle Beach Area,
West Avenue, South Pointe, Alton Road, and Ocean Drive.
c. Utilize available resources to support the City's Concurrency
Management Plan that includes the shuttle, carpooling, vanpooling, and
park & ride programs.
Time Frame: October 1999 - Ongoing
4. Reduce Drive-Alone Commuting Among Miami Beach TMA Member
Employees. Developers, and Businesses by Encouraging Implementation
of TOM Strategies by:
a. Identifying area travel patterns through Miami Beach TMA transportation
surveys.
b. Using survey results to develop customized program of TOM
strategies with potential for vehicle reduction at individual
employment sites.
c. Assisting members in initial implementation of TOM programs.
d. Offering follow-up assistance to members with existing programs.
e. Assisting members in the selection and training of Employee
Transportation Coordinators (ETC's). Conduct annual ETC training
workshops and meetings in cooperation with GCCS.
f. Developing information packets and presentations for use in new
employee orientation.
g. Hosting "Transportation Day" events at TMA member work sites.
h. Producing and distributing generalized marketing materials to
encourage commuters' use of alternative travel modes.
I. Development of "Commuter Club" along with incentives that recognize
and support successful commuting reduction participation.
Time Frame: October 1999 - Ongoing
5. Dissemination of Information: Educational Outreach:
a. Define a public policy program.
b. Publicize the results as they are completed through newsletter.
Time Frame: October 1999 - Ongoing
6. Provide Ridematching Services by:
a. Utilizing and promoting regional ridematching services.
b. Utilizing the regional ridematching services provided by Gold Coast
Commuter Services.
Time Frame: October 1999 - Ongoing
7. Offer "special" TOM Services to Members:
a. Promote guaranteed ride home program through the Gold Coast
Commuter Services program.
b. Develop and implement transit-pass special discount fare rate in
cooperation with MOTA and package shuttle farecards for hotels.
c. Implement TMA-sponsored vanpool program (in coordination with the
Dade County MPO van pool program).
Time Frame: October 1999 - Ongoing
8. Program Implementation:
a. Development and placement of Transportation Stations along
shuttle/transit route (provide information on available park & ride options,
parking lot locations, and other transportation related information.
b. Develop the appropriate TDMITSM strategies for the area based on study
and survey results.
c. Implement TDMITSM strategies as outlined above.
Time Frame: October 1999 - Ongoing
9. Assist Members in Responding to Current and Future Transportation
Issues by:
a. Providing information on transportation-related ordinances
(produce and distribute general information flyers, respond to direct
employer inquiries).
b. Advocating members' interests and views to regulatory bodies.
Time Frame: October 1999 - Ongoing
10. Advocate and Support Improvements and Enhancements to Local and
Regional Transportation Services and Facilities through:
a. Participation in City's local development plan advocating TDM.
b. Attending City, County and special transportation and parking committee
meetings and commenting when appropriate to insure support of
commuting alternatives.
10. Continued from previous page:
c. Promotion of alternative teansportation and Park & Ride opportunities.
d. Publishing local road improvement construction updates and alternative
transportation and routes in TMA newsletters, and special mailings.
Time Frame: October 1999 - Ongoing
11. Participation in the Transportation Activities of Local and Regional
Transportation Service and Facilities Planning Agencies by:
a. Representing members' interests at city and county transportation,
parking and bikeways planning meetings.
b. Participating on local transportation citizens advisory committees or task
forces.
c. Coordinating with MOTA on plans for bus service revisions to improve
transit access to employment sites.
d. Implementation of second phase of electric shuttle service in the MBTMA
area.
e. Identifying opportunities for privately funded employment site transit
services (local-area shuttles). Supporting development with technical
assistance, institutional support, and financial support when possible.
f. Working closely with local and regional transportation organizations and
providers on parking and mobility related issues.
g. Serving on Miami Dade County "Special Task Force" for development of
Back-to-Work welfare mobility program.
Time Frame: October 1999 - Ongoing
12. Membership:
a. Formulate membership and funding structure.
b. Recruitment of additional private-sector members.
c. Develop community-based events to increase TMA participation and
membership, and visibility.
Time Frame: October 1999 - Ongoing
13. Monitor and Evaluate Progress:
a. Tie in goals, objectives, programs and services to measure the
effectiveness of: Membership, Public Awareness, Transportation
Services, and Traffic Congestion.
b. Adjust programs and services as necessary.
Time Frame: Quarterly self review
Formal ReAP review annually
Prepared: August 24,1999
EXHIBit C
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSN., INC.
OPERATING BUDGET
(October 1, 1999 - September 30, 2000)
EXPENDITURES:
SALARIES:
Executive Director (20 hrs. Wkly.)
Executive Assistant (30 hrs. Wkly.)
Clerical Support (40 hrs. Wkly.)
$
26,000
22,500
6,500
FRINGE BENEFITS: @ 25%)
13,750
TOTAL PAYROLL:
$
68,750
CAPITAL:
Modem
400
TOTAL CAPITAL:
$
400
OPERATING:
OPERATING TOTAL:
$ 1,500
2,500
3,000
5,000-
26,000(**)
2,000 *
2,000**
1,200*
350
2,750*
3,500
2,500
3,800
$ 56,100
Professional Development
Travel (Local/Out of Area)
Office Supplies
Postage
Rent (Office Space)
Office Equipment
Telephone - Long Distance
Telephone - Local
Beeper
Uti I ities/Security/ Janitorial Services
Officer/Director Liability Insurance
Bi-Monthly Accounting Services
Annual Audit
**
Colonial Bank In-Kind Donation
Anticipated In-Kind Services - Colonial Bank
50% In-Kind - colonial Bank
*
(**)
WORK PLAN EXPENDITURES:
(Refer to Work Plan)
2.b.
2.c.
2.d.
2.6.
4.f. & 4.h.
5.a.
5.c.
6.a.
7.a.
7.b.
7.c.
8.d.
12.b.
12.c.
WORK PLAN EXPENDITURE TOTAL:
$ 1 ,500
1,500
40,500
7,000
15,000
6,000
1,000
1,500
2,500
2,500
13,000
1,000
1,000
8,750
$ 102,750
EXPENDITURE SUMMARY
PAYROLL
CAPITAL
OPERATING
WORK PLAN
TOTAL EXPENDITURES:
$
68,750
400
56,100
102,750
$
228,000
MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION, INC.
BUDGET SUMMARY
(October 1, 1999 - September 30, 2000)
EXPENDITURES:
PAYROLL: $ 68,750
OPERATING: 56,100
WORK PLAN: 102,750
CAPITAL: 400
EXPENDITURE TOTAL: $ 228,000
INCOME & SOURCES:
CITY OF MIAMI BEACH
$
50,000
10,000
MEMBERSHIP DUES
IN-KIND SERVICES
99,600
FOOT (30% MATCH)
75,000
INCOME/SOURCES TOTAL: $ 228,000
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