97-22355 RESO
RESOLUTION NO. 97-22355
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF $37,500 TOWARD FUNDING
NINE MONTHS OF THE 1997 OPERATING BUDGET OF THE MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA); APPROVING THE
REALLOCATION OF MIAMI BEACH RESORT TAX FUNDS, PRESENTLY BUDGETED AS
CONTINGENCY-ELECTRIC SHUTTLE PROGRAM, TO COVER THE EXPENSE; AND,
FURTHER, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MBTMA, IN THE AMOUNT
OF $37,500, FOR THE PURPOSE OF PROVIDING TRANSPORTATION MANAGEMENT
SERVICES.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA) has been n
operation for over twenty seven months, and its second-year budget expired December 31, 1996; ar d
WHEREAS, since MBTMA's inception, the City has contributed $50,000 toward its ar nU31
operating budget, beginning January 1 st of each year; and
WHEREAS, the proposed MBTMA Third-Year, or 1997, Operating Budget is $196,820, wi1h
$50,000 to be funded by the City, $45,420 by the Florida Department of Transportation, ar d
$101,400 by a combination of in-kind/sponsorship services and membership dues; and
WHEREAS, the City wishes to bring its annual contribution to MBTMA in line with the City s
fiscal year of October 1 st-September 30th; and, further, provide for the City's annual contribution n
sul1sequent budget years, as long as MBTMA continues to fulfill its purposes; and
WHEREAS, the City has negotiated the attached Professional Services Agreement Ni1 h
MBTMA, in the amount of $37,500, for the purpose of providing transportation management service;.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE Gin'
OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the expenditure e,f
$37,500 toward funding nine (9) months of the 1997 Operating Budget of the Miami Beac h
Transportation Management Association (MBTMA); approve the reallocation of Miami Beach Resort Tc x
Funds, presently budgeted as Contingency-Electric Shuttle Program, to cover the expense; .md,
further, approve and authorize the Mayor and City Clerk to execute the attached Professional Sen'icE s
Agreement with MBTMA, in the amount of $37,500, for the purpose of providing transportcticn
management services.
PASSED AND APPROVED this 16th of
Apri;V i ,1997.
!
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ATTEST:
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J?o~6' fO-A.~
CITY CLERK
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APPROVED AS TCif
FORM & lANGUAOe
& FOR EXEC UTI 01'"
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i,5O'i1'
CITY OF MIAMI BEACH
~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. -::( SS.9~
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 16, 1~9"
Jose Garcia_pedrosi!:.
City Manager .
A RESOLUTION 'F THE MAYOR AND CITY COMMISSION OF THE C!P'
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE Olli:
$37,500 TOWARD FUNDING NINE MONTHS OF THE 1997 OPERATINCi
BUDGET OF THE MIAMI BEACH TRANSPORTATION MANAGEMEN'"
ASSOCIATION (MBTMA), WHICH BEGAN ON JANUARY 1, 19::)7;
APPROVING THE REALLOCATION OF MIAMI BEACH RESORT lA'I,::
FUNDS, PRESENTLY BUDGETED AS CONTINGENCY-ELECTRIC SHUTTLIIi:
PROGRAM, TO COVER THE EXPENSE; AND, FURTHER APPROVIN<:;i
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE )~:IL
PROFESSIONAL SERVICES AGREEMENT WITH MBTMA, IN THlli:
AMOUNT OF $37,500, FOR THE PURPOSE OF PROVIDINCi
TRANSPORTATION MANAGEMENT SERVICES.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Miami Beach Transportation Management Association (MBTMA) is an
independent, non-profit organization, incorporated late in 1994 through a partners hill>
between the City of Miami Beach, the Florida Department of Transportation, and thl
Miami Beach business community. This partnership funds the annual MBTI\/IJ:.'\
Operating Budget. MBTMA's goal is to create, develop, and implement transit
solutions for South Beach and Middle Beach, which help reduce traffic congestion and
demand on parking facilities, while increasing mobility within our urban communitv.
MBTMA's 1997 Work Program, its third year, maintains the Miami Beach Electric
Wave Park & Ride Demonstration Service as its priority project, which, hopefully, wi I
be inaugurated this coming Summer. The second-year accomplishments of MBTIVV\
were as follows:
AGENDA ITEM
c.. '"1 I
4-\1.:L.U-
DATE
o Developed and implemented work plan for the Electric Wave project.
o Obtained $300,000 in funding from the Florida Alliance for Clean Technolo~lie;
and Florida Power & Light Co. for Electric Wave charging equipment
o Obtained a $200,000 grant from Clean Cities Coalition, and a $50,000 grant
from the Florida Environmental Trust Fund for the Electric Wave capital prograrr .
o Made presentations before the City Commission to secure funds needed t)
complete the $3.7 million, first two-year budget for the Electric Wave project.
o Obtained a $20,000 grant from the Metropolitan Planning Organization fN
development of street signage and logo design for the Electric Wave project.
o Developed technical document and RFP for the purchase of seven electri.:
shuttle vehicles, and the Operations RFP for operation of the vehicles.
o Worked with the Art in Public Places Committee to secure exterior design idea;
for the electric shuttle vehicles.
o Provided the information needed to develop the City Manager's 1996 testimon If
before the Transportation Sub-Committee of the U.S. House Appropriati)n;
Committee, which resulted in the earmarking of $1 million for the Electric W:w.~
capital program. Funds will be available in FY 1997-98.
o Conducted several commuter surveys for the largest Miami Beach emploYI~r~,
for residents, tourist/visitors, and ridership of MOTA's transit Route W.
o Held a well attended community bicycle workshop; and actively participated 01
the City's Parking/Transportation Advisory Committee.
ANAL YSIS
MBTMA's effectiveness and commitment to its Work Program have been confirrrec,
through the last two years, by both the FOOT and City project managers, wh)
evaluate the reports MBTMA is required to submit, on a quarterly basis. Followin~ i';
an overview of the budget funding distribution for calendar years 1995, 96, and 9"j:
BUDGET FUNDING SOURCES 1 ST YEAR 2ND YEAR 3RD YEAR
(Calendar year budget) 1995 1996 1997
Florida Dept. of Transportation $ 75,000 $ 73,590 $ 45,420*
City of Miami Beach $ 50,000 $ 50,000 $ 50,000* *
Private sector (cash and in-kind) $ 25.000 $ 60.385 $101 .400
Totals by year ......................... $150,000 $183,975 $196,820
*
FOOT's annual contribution to TMA budget decreases annually, as follows:
First year: 50% of the overall budget
Second year: 40% of the overall budget
Third year: 30% of the overall budget
Subsequent years: $20,000 or the lesser of 25%
**
City's annual contribution. Although MBTMA operates on a calendar-yecir
budget, from now on, the City wishes to do the following:
1. Bring its annual contribution to MBTMA in line with the City's fiscal yea
of October 1st-September 30th, therefore providing $37,500 tOV\l ad
funding nine (9) months of MBTMA's 1997 Operating Budget;
2. Reallocate $37,500 in Miami Beach Resort Tax Funds, presel1tl {
budgeted as Contingency-Electric Shuttle Program, to fund the Ci":y's
nine-month contribution; and
3. Further provide for the City's annual contribution (12 months) in th~
subsequent budget years, as long as MBTMA continues to fulfill its
purposes.
Attached with the Agreement are the following MBTMA documents:
o Proposed Third Year Work Program,
o Proposed 1997 Budget Summary/Third Year Operating Budget, and
o Income and Funding Sources for the 1997 Operating Budget.
CONCLUSION
The continued public-private partnership of City and MBTMA is essential to th3
successful implementation and administration of the Miami Beach Electric Wave Park
& Ride Demonstration Program. Therefore, action approving the Resolutor,
Agreement, and fund reallocation, is requested.
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(mbtma97)
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, flORIDA
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
THIS AGREEMENT made this 16th day of April
, 1997 by and between the cn ,(
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, h~gdl
representatives, and assigns, and 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.
Consu Itant:
For the purposes of this Agreement, Consultant shall be deemed to b~
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 th~
Consultant's Services are complete as provided in Section 4.8 of thi!s
Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin (f
profit.
Project
Coordinator:
An individual designated by the City to coordinate, direct and revievv 01
behalf of the City all technical matters involved in the Scope of \tVor (
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 tD
or undertaken under this Agreement described in Section 2.
Termination:
Termination of Consultant Services as provided in Section 4.9 of th s
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 authorL~ed.
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 "Third Year Work Program" (Services).
SECTION 3
COMPENSATION
3.1
FIXED FEE
The City agrees to provide Consultant with funds in the amount of Thirty Seve'l
Thousand Five Hundred and 00/100 Dollars ($37,500.00); from the Resort Tax 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 al
account designated solely and exclusively for the operation and administration of the MBTJv\l..
3.2
METHOD OF PAYMENT
Payment shall be made to the Consultant at the time of execution of this Agreemen ...
Consultant shall be required to submit quarterly invoices or other submissions which dE!ta I
or represent the final completion of Project mi lestones as set forth in Exhibit "A."
Specific milestones shall include the submission of an invoice documenting th~
completion of tasks related to the data collection effort, a draft report of the operation an.J
management review and the final consolidated report document. All submissions sha I
contain a statement that the items set forth therein are true and correct and in accordance wit)
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
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degree of skill, care, efficiency and diligence normally exercised by recognized professiona s
with respect to the performance of comparable Services. In its performance of the Service;,
the Consultant shall comply with all applicable laws and ordinances, including but not lirr ited
to applicable regulations of the City, County, State, Federal Government, ADA, I:BJ
Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florica
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 ,s
Project Manager for the Services who shall be fully responsible for the day-to-day activ,tiE s
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 nine (9) months, commencing 01
January 1, 1997 and ending on September 30, 1997. Any future term of this Agreemer t
following the one-year term set forth herein, shall be subject to the approval of the City. Th~
City's future funding for any additional term(s) shall also be contingent upon a favorClbl.~
evaluation of the MBTMA by the City and the Florida Department of Transportation.
Notwithstanding the aforestated language, however, the City shall have no future obligatio 1
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 1
written Notice to Proceed from the City subsequent to the execution of this Agreement and
Consultant shall adhere to the completion schedule as shall be determined by the City and
Consultant.
A reasonable extension of time shall be granted in the event the work of the Consul':art
is delayed or prevented by the City or by any circumstances beyond the reasonable contrell
of the Consultant, including weather conditions or acts of God which render performano~ cf
the Consultant's duties impracticable.
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4.6
NOTICE TO PROCEED
Unless otherwise directed by the City, the Consultant shall proceed with the work on y
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 rel.lted
exclusively to the Services described herein, and are intended or represented for owner';hilp
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 is
officers, employees and agents, from and against any and all actions, claims, liabilities, Im.se;,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodi y
injury, wrongful death, loss of or damage to property, in law or in equity, which may arise (11r
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful condu,,:t
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 ServicE s
pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims an:J
losses and shall pay all such costs and judgements which may issue from any lawsuit ari';ing
from such claims and losses, and shall pay all costs and attorneys fees expended by the 'Cily
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 Indemnit,y
Agreement.
The Consultant's obligation under this article shall not include the obligation tJ
indemnify the City of Miami Beach and its officers, employees and agents, from and again:t
any actions or claims which arise or are alleged to have arisen from negligent acts (r
omissions or other wrongful conduct of the City and its officers, employees and agents. Th.~
parties each agree to give the other party prompt notice of any claim coming to its knowledg~
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 a I
insurance required under this Section has been obtained and such insurance has b'~el
approved by the City's Risk Manager. The Consultant shall maintain and carry in full forc.~
during the term of this Agreement and throughout the duration of this project the followin ~
insurance:
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1. Consultant's Professional Liability in the amount of $300,000.00. A certified
copy of the Consultant's (and any sub-consultants') Insurance Policy must be
fi led and approved by the Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to Florica
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 d:>
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 t::>
the City's Risk Manager for approval prior to any work commencing. The~e
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 insuranc~
certificates for their consultants.
All insurance policies must be issued by companies authorized to do business undE r
the laws of the State of Florida. The companies must be rated no less than "B +" a; t)
management and not less than "Class VI" as to strength by the latest edition of Best's Insuranc~
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject t)
the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of th~
liabilities and obligations under this Section or under any other portion of this Agreement, ani
the City shall have the right to obtain from the Consultant specimen copies of the insuranc~
policies in the event that submitted certificates of insurance are inadequate to ascenai 1
compliance with required overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing thet
written notice shall be given to the City at least thirty (30) days prior to terminatior,
cancellation or reduction in coverage in the policy.
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4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any servicEs
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 an.:i
provided for.
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, agreemEnt:~"
or stipulations material to this Agreement, the City shall thereupon have the right to terminal!:!
the Services then remaining to be performed. Prior to exercising its option to terminatE ff r
cause, the City shall notify the Consultant of its violation of the particular terms of th s
Agreement and shall grant Consultant ten (10) days to cure such default. If such defau t
remains uncured after ten (10) days, the City, upon three (3) days' notice to Consultant, rna,y
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawing:,
maps, models, photographs, reports and other work products prepared by the Consultant an.:i
its subcontractors shall be properly del ivered to the City and the City shall compensate th:!
Consultant in accordance with Section 3 for all Services performed by the Consultant prier t)
Termination.
Notwithstanding: the above, the Consultant shall not be rei ieved of I iabi I ity to the Cil y
for damages sustained by the City by virtue of any breach of the Agreement by the Consultar t
and the City may reasonably withhold payments to the Consultant for the purposes of seT of
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, terminate the Services then remaining to b~
performed at any time by giving written notice to Consultant of such termination, which sna I
become effective seven (7) days following receipt by Consultant of the written terminatiol
notice. In that event, all finished or unfinished documents and other materials as describe,j
in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the Cit,f
as provided in this Section, the City shall compensate the Consultant for all Services actualll
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 the City's liabditl
to the Consultant upon a Termination as provided for in this Section.
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4.10.3
Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed il
the event the Consultant is placed either in voluntary or involuntary bankruptcy or make; al
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 provisi ors
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 (r
terminates the Services pursuant to this Section the rights and obligations of the parties sha I
be the same as provided in Section 4.10.2.
4.10.5
Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorize:J
representatives of the Consultant. Said Notices shall provide an equitable adjustment in th~
time of performance, a reallocation of the task budget and, if applicable, any provision of th s
Agreement which is affected by said Notice. The City shall not reimburse the Consultant f( r
the cost of preparing Agreement change documents, written Notices to Proceed, or mhE r
documentation in this regard.
4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreemer t
without the prior written consent of the City; which consent, if given, shall be at the sole ani
absolute discretion 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 sut-
consultants, and any other person or entity acting under the direction or control of th~
Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed tll
include any sub-consultants and any other person or entity acting under the directior 0"
control of Consultant. All sub-consultants must be approved in writing prior to thei-
engagement by Consu Itant.
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4.13 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-
DISCRIMINATION POLICY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, colo',
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 th"llt
employees are treated during their employment without regard to their race, color, religiolll,
ancestry, sex, age, national origin, place of birth, marital status, disability, or se:'(u,,1lI
orientation. Such action shall include, but not be limited to the following: employmen,:,
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.
Consultant agrees to adhere to and be governed by all applicable requirements 01 the
laws listed below including, but not limited to, those provisions pertaining to employmen:,
provision of programs and services, transportation, communications, access to facilil:ie '"
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336, 104 Stat 327, 42 U.s.e. 12101-12213 and 547 U.S.e.
Sections 225 and 611 including Title I, Employment; Title II,
Public Services; Title III, Public Accommodations and Services
Operated by Private Entities; Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.e. Section 794.
The Federal Transit Act, as amended: 49 U.S.e. Section 1612.
The Fair Housing Act as amended: 42 U.S.e. Section 3601-3631.
Consultant must complete and submit the City's Disability Non-Discrimination Affidav t
(Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in nor-
compl iance with the provisions of the Affidavit" the City may impose such sanctions as it rna 0/
determine to be appropriate, including but not limited to, withholding of payment~i t)
Consultant under the Agreement until compliance and/or cancellation, termination cr
suspension of the Agreement in whole or in part. In the event, the City cancels or terminates
the Agreement pursuant to this Section, Consultant shall not be relieved of liability to the eil'!
for damages sustained by the City by virtue of Consultant's breach of the Agreement.
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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 BE:~a(h
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 th s
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 admitteJ
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, de;igl
specifications, processes, data and findings, shall be made available to the City for public USI]~.
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 beha f
of the Consultant or its employees or subcontractors.
4.16 NOTICES
All communications relating to the day-to-day activities shall be exchanged betweel
the Project Manager appointed by Consultant and the Project Coordinator designated by th.~
City. The Consultant's Project Manager and the City's Project Coordinator shall be designateJ
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder mal
be delivered personally to the representatives of the Consultant and the City listed belovl cr
may bemailedbyregisteredmail.postageprepaid(orairmailedifaddressedtoanadd..es.;
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall b~
addressed as follows:
TO CONSULTANT:
Miami Beach Transportation Management Association
Attn: Judy Evans, Executive Director
Colonial Bank Bldg.
301 41 st Street, 5th Floor
Miami Beach, Florida 33140
(305) 535-9160
-9-
TO CITY:
City of Miami Beach
Attn: Harry S. Mavrogenes, Assistant City Manager
1700 Convention Center Drive, DDHPS
Miami Beach, FL 33139
(305) 673-7193
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
(305) 673-7470
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
Any litigation between the parties, arising of, or in connection with this Agreemen':,
shall be initiated in the court system of the State of Florida.
4.18 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 (r
written with reference to the subject matter hereof that are not merged herein and supersede.J
hereby. The Scope of Services is hereby incorporated by reference into this Agreement to th~
extent that the terms and conditions contained in the Scope of Services are consistent with th.~
Agreement. To the extent that any term in the Scope of Services is inconsistent with this
Agreement, this Agreement shall prevail.
No alteration, c~..1nge, or modification of the terms of this Agreement shall be vali.J
unless amended in writing, signed by both parties hereto, and approved by the eit I
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the Stat~
of Florida.
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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 allege:J
breach by the City of this Agreement, so that its liability for any such breach never exceecs
the sum of $37,500.00. Consultant hereby expresses its willingness to enter into th IS
Agreement with Consultant's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $37,500.00 less the amount of all funcs
actually paid by the Cit', to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreemen ::,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in all
amount in excess of $37,500.00 which amount shall be reduced by the amount actually pad
by the City to Consultant pursuant to this Agreement, for any action or claim for breacll (]If
contract arising out of the performance or non-performance of any obligations imposed UpOl
the City by this Agreement. Nothing contained in this paragraph or elsewhere in th s
Agreement is in any way intended to be a waiver of the limitation placed upon City's liability'
as set forth in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executej
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY ?F MIAMI BEACH, FLORI DA
By: .Ko lu.t 6' f !lAd....."
City Clerk
By:
ATTEST:
/
.
FOR CONSULTANT:
MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION (MBTMA)
ATTEST:
~tCe{ryeJ
Corporate Seal:
APPROVED J\SlO
FORM & lANf3LAGE
& FOR EXECUT!!,ON
F:\ATTOV.CURV.GREEMNTV>ROFSVC\MBTM.4..97
41( ~.. I'~/J/PJ'J
City ]~
-11-
EXHBlr "A"
Miami Beach TMA
Third Year Work Pro9ram
MISSION:
To actively contribute to the improvement of Miami Beach's transpolta'ion
systems. The Miami Beach TMA will identify problems and propose solutions based
upon transportation demand management principles. The Miami Beach TMA wi I ~Ian
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 se'Ctc)rs,
The Miami Beach TMA will undertake its work in a manner that contributes ":0 the
area's economic and community development while sensitive to environmerltal
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 TV1A
membership,
GOALS:
1. To Maintain an Effective TMA Organizational Structure by:
a. . Maintaining financial structure of the TMA.
b. Monitoring financial progress.
c. Develop long-range strategic plan.
d. DevelopmenUproduction of effective membership outreach
materials.
e. Create Work Plan for 1998.
f. Create Budget for 1998.
g. Secure funding from the City of Miami Beach for 1998.
h, Execute Joint Participation Agreement with FOOT District VI.
I. Coordinate Work Plan and funding with the Dade County MPO,
Time Frame: January 1997 - 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 knowr a~)
The Decongestant and its distribution/circulation to membershilJ
and potential members.
c. Hosting bi-annual TMA workshops and/or seminars with speake's
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, Develop a series of community based programs and events Iillkl!~d
to the electric shuttle service. To increase community awarene~s
of alternative transportation and to build constituency for
membership,
Time Frame: January 1997 - Ongoing
3, 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. Utilize available resources to initiate a comprehensive
Neighborhood Transportation and Parking Master Plan,
c. Utilize available resources to initiate a comprehensive Tourist
Mobility Plan.
Time Frame: January 1997 - Ongoing
4, Reduce Drive-Alone Commuting Among Miami Beach TMA ME!m Jer
Employees. Developers, and Businesses by Encouragina 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 progrEtm'i,
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 ne\'11
employee orientation,
g, Hosting "Transportation Day" events at TMA member work sit!3s
h. Producing and distributing generalized marketing materials to
encourage commuters' use of alternative travel modes.
I. Developing "Commuter C.lub" along with incentives recognizing
successful commuting reduction participation,
Time Frame: January 1997 - Ongoing
5, Dissemination of Information: Educational Outreach:
a. Establish MB TMA identity program, including logo, brochure~ ald
development of other marketing materials and incorporate Shuttl3
service and parking facilities into information.
b, Define a public policy program.
c. Publicize the results as they are completed.
Time Frame: January 1997 - Ongoing
6. Provide Ridematching Services by:
a, Utilizing and promoting regional ridematching services,
b, Acquiring access to regional ridematching software via modem c t
Gold Coast Commuter Services.
Time Frame: January 1997 - Ongoing
7. Offer "special" TOM Services to Members:
a, Implement guaranteed ride home program,
b, Implement transit-pass special discount fare rate in cooperation
with MOTA.
c. Implement TMA-sponsored vanpool program (in coordination wi::h
Gold Coast Commuter Services and the Dade County MPO),
Time Frame: January 1997 - Ongoing
8, Program Implementation:
a. "Electric Wave" (Signage/ParkingNisitor Information Center
Program).
b, Middle Beach/ hotel extension of shuttle project.
c, Develop the appropriate TDMrrSM strategies for the area ba~jed on
study and survey results.
d. Implement TDMrrSM strategies as outlined above.
Time Frame: January 1997 - 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, host informat on
sessions, respond to direct employer inquiries).
b. Advocating members' interests and views to regulatory bodie~i,
Time Frame: January 1997 - Ongoing
10. Advocate and Support Imorovements and Enhancements to Local and
Regional Transportation Services and Facilities through:
a. Participation in City's local development plan advocating TDI\iI.
b. Attending planning meetings and commenting when appropriate' to
ensure support of commuting alternatives.
c. Promotion of the "Electric Wave"
d. Publishing construction updates and alternate routes in TMA
newsletters and special mailings.
e, Encouragement of permanent or temporary expansion of transit
services to offer additional commuting options to commuters
affected by construction-related traffic congestion.
Time Frame: January 1997 - Ongoing
11. Participation in the Transportation Activities of Local and Reaional
Transportation Service and Facilities Planning Agencies bv:
a. Representing members' interest at planning meetings,
b. Participating on local transportation citizens advisory committae::; or
task forces,
c. Coordinating with MDT A on plans for bus service revisions to
improve transit access to employment sites,
d. Implementation of second phase of electric shuttle service in ':hE
MB TMA area, with second stage focus north of Dade Boulevarc,
e. Identifying opportunities for privately funded employment site tn: nsit
services (local-area shuttles), Supporting development with
technical assistance, institutional support, and financial support
when possible,
f. Working closely with local and regional transportation organi2:at ons
and providers on parking and mobility related issues,
Time Frame: January 1997 - 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.
Time Frame: January 1997 - Ongoing
13, Monitor and Evaluate Progress:
a. Tie in goal, objectives, programs and services to measure the
effectiveness of: Membership, Public Awareness, Transportatiol'l
Services, and Traffic Congestion.
b. Annual TMA performance evaluation by GCCS in accordance wth
FOOT manual.
c. Adjust programs and services as necessary.
Time Frame: Quarterly self review
Formal ReAP review annually
Prepared: March 31, 1997
MIAMI BEACH
TRANSPORTATION MANAGEMENT ASOCIATION
1997 BUDGET SUMMARY
EXPENDITURES:
PAYROLL: $ 74,790
OPERATING: 46,000
WORK PLAN: 58,500
CAP IT AL: 1,200
TOTAL: $ 178,771
CONTINGENCY 10% $ 18,049
EXPENDITURE TOTAL: $ 196,820
INCOME & SOURCES:
CITY OF MIAMI BEACH
$
50,000
FOOT (30% MATCH)
12,000
89,400
45,420
MEMBERSHIP DUES
IN-KIND
INCOME/SOURCES TOTAL: $ 196,820
Prepared: March 31,1997
Long Range Plan & Finance Committee
f{ E. c [ I '/ C L
Miami Beach '.. 97 API? - 9 Jj~.... .'-,
Transportation Management Association, Jrt.c~'.... i. . ': li/~.,
J "" ~ ,,1 ,"'. i I.'. ., ',;. t'~1 ..l r
Third Year Operati ng Budget -'" ," i - ii,~v. 'M
(January 1,1997 thru December 31,1997)
EXPENDITURES:
SALARIES:
Executive Director (20 hrs. wkly,)
Executive Assistant (30 hrs. wkly,)
Clerical Support (20 hrs. wkly.)
$
27,500
21,330
11,000
FRINGE BENEFITS: (@ 25%)
14,960
TOTAL PAYROLL:
$
74,790
CAPITAL:
Office Furniture (used) $ 800
Modem 400
TOTAL CAPITAL: $ 1,200
OPERATING:
Professional Development $ 1,500
Travel (Local/Out of Area) 2,500
Office Supplies 2,500
Postage 5,000**
Rent (Office Space) 24,000(**)
Office Equipment 1,200*
Telephone - Long Distance 2,000**
Telephone - Local 1,200*
Beeper 350
Utilities/Security/Janitorial Services 2,750*
OfficerlDirector Liability Insurance 3,000
OPERATING TOTAL: $ 46,000
Colonial Bank In-Kind
Anticipated In-Kind Servicsl - Colonial Bank
(..) 50% In-Kind - Colonial Bank
WORK PLAN EXPENDITURES:
(Refer to Third Year Work Plan)
2.b.
2.c,
2.d.
4.1. & 4.h.
5,a,
5,c.
6,b.
7.a.
7,b.
7,c.
8,d.
12.b,
12.c.
WORK PLAN EXPENDITURE TOTAL:
$ 3,000
3,000
500
15,000
6,000
1,000
1,500
2,500
2,500
13,000
1,000
1,000
8,500
$ 58,500
EXPENDITURE SUMMARY
PAYROLL
CAPITAL
OPERATING
WORK PLAN
TOTAL:
CONTINGENCY: (10%)
TOTAL EXPENDITURES:
$ 74,790
1,200
46,000
58,500
$ 178,771
$ 18,049
$ 196,820
INCOME & FUNDING SOURCES:
CASH:
City of Miami Beach
$
50,000
Membership Dues (Projection:
12,000
TOTAL CASH:
$
62,000
IN-KIND/SPONSORSHIP SERVICES:
Florida Power & Light Company $ 25,000
(Technical Consulting)
Colonial Bank 23,400
Postage 5,000
Event/Meeting Sponsorships 4,000
Advertising/Marketing 10,000
Transportation Forum Sponsorships 2,000
Professional/legal Support 20,000
IN-KIND TOTAL: $ 89,400
INCOME: Cash $ 62,000
In-Kind 89 .400
Total: $ 151,400
FOOT 30% Match 45.420
TOTAL INCOME $ 196,820