98-22887 RESO
RESOLUTION NO. 98-22887
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), TO
CONTINUE TO PROVIDE TRANSPORT A TION MANAGEMENT
SERVICES TO MIAMI BEACH; AND FURTHER AUTHORIZING A LUMP-
SUM CONTRIBUTION OF $50,000 TOWARD THE MBTMA OPERATING
BUDGET, UTILIZING FUNDS PROVIDED FOR THE PURPOSE IN THE
PROPOSED FISCAL YEAR 1998-99 PARKING ENTERPRISE FUND
BUDGET.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA) is a
public-private organization specifically established to create, coordinate, and implement transit
alternatives beyond the private automobile; and
WHEREAS, MBTMA has been in operation for over four years and, in partnership with the
City, has implemented and administered a successful circulator shuttle service in South Beach,
known as the Electrowave; and
WHEREAS, since MBTMA's inception, the City has contributed $50,000 a year toward its
operating budget, which begins October 1, 1998; and
WHEREAS, the MBTMA's proposed 1998-99 operating budget is $250,000, with $50,000
to be funded by the City, $75,000 by the Florida Department of Transportation (FDOT), $12,000
from membership dues, and $113,000 by a combination of in-kind and sponsorship services; and
WHEREAS, the City wishes to provide for an annual $50,000 lump-sum contribution, as
long as MBTMA continues to fulfill its purposes and abides by all City and State requirements for
the Association; and
WHEREAS, according, the Administration would recommend that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute the attached Professional
Services Agreement with MBTMA to continue to provide transportation management services to
Miami Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute a Professional Services
Agreement with the Miami Beach Transportation Management Association (MBTMA) to continue
to provide transportation management services to Miami Beach; and, further authorize a lump-sum
contribution of $50,000 toward the MBTMA Operating Budget, utilizing funds provided for the
purpose in the proposed Fiscal Year 1998-99 Parking Enterprise Fund Budget.
PASSED AND APPROVED this the 9th day of
ATTEST:
fuut r P Mrlv-
CITY CLERK
aJ
RESOLUTION NO. 98-22887
September
,1998.
MAYOR
w~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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EXH/[3/T A
Miami Beach Transportation Management Assn., Inc.
FISCAL YEAR 1997 -1998
ACCOMPLISHMENT REPORT
During this second year of funding for the Miami Beach Transportation
Management Association, Inc. (MBTMA), major focus was placed on the development
and implementation of the "ELECTROWA VE" shuttle project for the City of Miami
Beach, and the development of employer carpoollvanpool programs.
. Developed RFP for graphic design and marketing of shuttle project.
. Developed RFP for operations of shuttle and coordinated contract negotiations with
contracted operator (American Bus Lines-Red Top).
. Finalized work related to shuttle stop signage and placement.
. Coordinated fleet maintenance agreement with City of Miami Beach Fleet Management
Division for maintenance of shuttle vehicles.
. Finalized work related to interior/exterior sign age as required by ADA, FOOT, Miami Dade
County, and City of Miami Beach.
. Held special driver orientation and training sessions for shuttle drivers.
. Established and implemented special merchant discount program with businesses along
Washington Avenue and along Lincoln Road Mall.
. Conducted over 20 pre-shuttle demonstrations to area schools, community organizations,
businesses, special groups.
. Coordinated and implemented promotions for shuttle project.
. Distributed over 150,000 "ELECTROWAVE" brochures in Miami Beach and Dade
County.
. Visited every business along Washington Avenue, Lincoln Road, and Fifth Street
concerning the shuttle service. '
. Interviewed by news media regarding the shuttle project.
. Coordinated special ceremonies for "kick-off' of electric shuttle system.
. Held several "Transportation Daysn at major area employment sites to introduce newly
developed van pool program, emergency ride home program and alternative commute
transportation.
. Submitted Service Development grant to FOOT for 1998/99 shuttle operations funding
($850,000).
. Received official notification of FTA Section III grant in the amount of $1.2 million dollars
for capital 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 (instead of obtaining city funds to meet grant match
requirements).
. Obtained donated electric shuttle battery chargers and $60,000 canopy for shuttle project
from Florida Power Light Company.
. Applied for and awarded $25,000 grant from International Council for Local
Environmental Initiatives (ICLEI) (Note: Only 6 awarded internationally every year).
. Worked with City of Miami Beach Parking Department to coordinate Park & Ride program
in conjunction with newly established shuttle system.
. Setup police electric bicycle demonstration project between Florida Power Light Company
and City of Miami Beach Police Department.
E.X/f/BfT B
Miami Beach TMA
WORK PROGRAM
(October 1, 1998 - September 30, 1999)
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. De'veloping long-range strategic plan.
d. Development/production of effective membership outreach
materials.
e. Create Work Plan for 1998 - 1999 budget year.
f. Create Budget for 1998 - 1999 budget year.
g. Secure funding from the City of Miami Beach for 1998 - 1999 budget year.
h. Execute Joint Participation Agreement with FOOT District VI.
I. Coordinate Work Plan and funding with the Dade County MPO.
Time Frame: October 1998 - 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, shuttle service, local transit service, and bikeways.
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 1998 - 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 1998 - 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 1998 - Ongoing
5. Dissemination of Informatioh: Educational Outreach:
a. Establish MB TMA identity program, including logo, brochures and
development of other marketing materials and incorporate shuttle service
and parking facilities into information.
b. Define a public policy program.
c. Publicize the results as they are completed.
Time Frame: October 1998 - 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 1998 - Ongoing
7. Offer "special" TOM Services to Members:
a. Implement guaranteed ride home program through the Gold Coast
Commuter Services program.
b. Implement transit-pass special discount fare rate in cooperation with
MOTA.
c. Implement TMA-sponsored vanpool program (in coordination with the
Dade County MPO vanpool program).
Time Frame: October 1998 - 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. Middle Beach/ hotel extension of shuttle project.
c. Develop the appropriate TOM/TSM strategies for the area based on study
and survey results.
d. Implement TDM/TSM strategies as outlined above.
Time Frame: October 1998 - 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 {o regulatory bodies.
Time Frame: October 1998 - 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 TOM.
b. Attending City, County and special transportation and parking committee
meetings and commenting when appropriate to
ensure 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 1998 - 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 1998 - 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 1998 - 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. Annual TMA performance evaluation by Gold Coast Commuter Services
in accordance with FOOT manual.
c. Adjust programs and services as necessary.
Time Frame: Quarterly self review
Formal RCAP review annually
Prepared: August 3, 1998
EXHI81T C
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSN., INC.
OPERATING BUDGET
(October 1, 1998 - September 30, 1999)
EXPENDITURES:
SALARIES:
Executive Director (20 hrs. Wkly.)
Executive Assistant (30 hrs. Wkly.)
Clerical Support (40 hrs. Wkly.)
FRINGE BENEFITS: @ 25%)
TOTAL PAYROLL:
CAPITAL:
Office Furniture (Used)
Modem
TOTAL CAPITAL:
OPERATING:
Professional Development
Travel (Local/Out of Area)
Office Supplies
Postage
Rent (Office Space)
Office Equipment
Telephone - Long Distance
Telephone - Local
Beeper
Utilities/Security/Janitorial Services
Officer/Director Liability Insurance
OPERATING TOTAL:
*
Colonial Bank In-Kind Donation
Anticipated In-Kind Services - Colonial Bank
50% In-Kind - colonial Bank
-
(-)
$
31,000
22,000
22,000
18,750
$
93,750
$
800
400
$
1,200
$
1,500
2,500
3,000
5,000-
26,000(-)
2,000 *
2,000- -
1,200*
350
2,750*
3,000
$
49,300
WORK PLAN EXPENDITURES:
(Refer to Work Plan)
2.b.
2.c.
2.d.
2.e.
4.f. & 4.h.
5.a.
S.C.
6.b.
7.a.
7.b.
7.c.
8.d.
12.b.
12.c.
WORK PLAN EXPENDITURE TOTAL:
$ 3,000
3,000
40,500
7,000
15,000
6,000
1,000
1,500
2,500
2,500
13,000
1,000
1,000
8,750
$ 105,750
EXPENDITURE SUMMARY
PAYROLL
CAPITAL
OPERATING
WORK PLAN
TOTAL EXPENDITURES:
$
93,750
1,200
49,300
105,750
$
250,000
~H{8{T D
MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION, INC.
BUDGET SUMMARY
(October 1, 1998 - September 30, 1999)
EXPENDITURES:
PAYROLL: $ 93,750
OPERATING: 49,300
WORK PLAN: 105,750
CAPITAL: 1,200
EXPENDITURE TOTAL: $ 250,000
INCOME & SOURCES:
CITY OF MIAMI BEACH
$
50,000
IN-KIND SERVICES
12,000
113,000
MEMBERSHIP DUES
FOOT (30% MATCH)
INCOME/SOURCES TOTAL: $
75,000
250,000
;ITY OF MIAMI BEACH
iTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
.:::::: :"1 Q C\)
COMMISSION MEMORANDUM NO. ....:...LJ......J
TO:
Mayor Neisen O. Kasdin and
Members of the City Co ission
DATE: September 9, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL TION 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) TO
PROVIDE TRANSPORTATION MANAGEMENT SERVICES TO MIAMI
BEACH; AND, FURTHER AUTHORIZING THE LUMP-SUM
CONTRIBUTION OF $50,000 TOWARD THE MBTMA OPERATING
BUDGET, UTILIZING FUNDS PROVIDED FOR THE PURPOSE IN THE
PROPOSED FISCAL YEAR 1998-99 PARKING ENTERPRISE FUND
BUDGET.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Transportation Management Associations 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. 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 1997-98 Accomplishments Report.
MBTMA's main effort to date has been the development, implementation, and administration of the
ELECTROWA VE Service, which has successfully operated in South Beach for the last 30 weeks,
carrying over 883,000 riders. MBTMA is presently educating the major Miami Beach area-
employers about alternative programs for employee commuting, such as vanpool and carpools.
:-UilDI!,lG AP. ?O'lED
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AGENDA ITEM
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DATE
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ANAL YSIS
MBTMA's effectiveness and commitment to a Work Program has been confirmed by FDOT and
City staffwho evaluate the monthly and yearly reports, as well as the annual audit which MBTMA
is required to submit. The 1998-99 Work Program (Exhibit B) focus is on the development and
implementation of transportation demand management programs other than the ELECTROWA VE.
Following is an overview ofMBTMA's Operating Budget history (cash and in-kind) and its funding
sources, including the proposed 1998-99 figures:
9 Months Proposed
FUNDING SOURCES JanlDec'95 Jan/Dec'96 Jan/Sept'97 1997/98 1998/99
Florida Dept. of Transportation $ 75,000 $ 73,590 $ 45,420 $ 70,485 $ 75,000
City of Miami Beach $ 50,000 $ 50,000 $ 35,000 $ 50,000 $ 50,000
Membership Dues $ 2.500 $ 2.000 $ 12.000 $ 12.000 $ 12.000
Yearly Cash Totals .................... $127,500 $125,590 $ 92,420 $132,485 $137,000
Plus In-Kind/Sponsorship * $ 22,500 $ 58,385 $ 89,400 $172,950 $113,000
Such in-kind/sponsorship services are detailed in the Proposed Operating Budget
(Exhibit C, Page 3).
Funds for the City's $50,000 annual contribution to MBTMA are provided in the Proposed 1998-99
Parking Enterprise Fund budget. Attached herein are the following MBTMA-provided documents:
o FY 1997-98 Accomplishments Report (Exhibit A)
o FY 1998-99 Work Program detailing mission and goals (Exhibit B, six pages)
o FY 1998-99 Operating Budget, detailing salaries, operating and Work Plan expenditures
(Exhibit C, three pages)
o FY 1998-99 Budget Summary, detailing expenditures, income, and funding sources
(Exhibit D)
CONCLUSION
Miami Beach needs to achieve a balance between vehicular traffic demands on the limited roadway
system and parking facilities, and the demands for a better quality of life for residents, business
owners, and visitors alike. Continued MBTMA activities will help insure that other innovative
transportation demand management strategies, initiatives and programs are implemented and
operated as successfully and effectively as the ELECTROWA VE Service has been. The
Administration recommends contract renewal with MBTMA.
SR/H~
(tma98-99)aj
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
THIS AGREEMENT is made this 9th day of
September , 1998 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).
Agreement:
City Manager:
Consultant:
Final Acceptance:
Fixed Fee:
Project
Coordinator:
Risk Manager:
Services:
Termination:
SECTION 1
DEFINITIONS
This written Agreement between the City and the Consultant.
"City Manager" means the Chief Administrative Officer of the City.
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" means notice from the City to the Consultant that
the Consultant's Services are complete, as same are set forth in Section
2 of th i s Agreement.
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Services.
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination of Consultant Services as provided in Subsection 11 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 to be performed by the Consultant is set forth in Exhibit "A,"
entitled "FY 1998-99 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 Budget, 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 Service 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
to, applicable regulations of the City, County, State, Federal Government, ADA, EEO
Regulations and Guidelines.
-2-
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
Consu Itant.
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, 1998 and ending September 30, 1999. 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 nine-
month term set forth herein.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant will continue on October 1, 1998, as
the Consultant has been developing and implementing 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 NOTICE TO PROCEED
A Notice to Proceed by the City is not required.
4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership
by the City. Any reuse by Consultant or the parties shall be approved in writing by the City.
-3-
4.8
INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, 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.
4.9
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 his
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
-4-
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.
4.9.1 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 FINAL 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.
4.11
TERMINATION. SUSPENSION AND SANCTIONS
4.11.1
Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant ten (10) days to cure such default. If such default
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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 delivered 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.
4.11.2
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.
4.11.3
Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.11.2.
4.11.4
Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
termination or suspension of the Services. In 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 4.11.2.
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4.11.5
Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the
time of performance, a reallocation of the task budget and, if applicable, any provision of this
Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of preparing Agreement change documents, written Notices to Proceed, or other
documentation in this regard.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.13 SU B-CONSU L T ANTS
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.
4.14 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticesh i p.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the 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.
4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of
the Consultant or its employees or subcontractors.
4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Project Manager appointed by Consultant and the Project Coordinator designated by the
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
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: Harry S. Mavrogenes, Assistant City Manager
1 700 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, Interim City Attorney
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.18 LITIGATION 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.
4.19 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
Commission of the City of Miami Beach.
4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of $50,000. Consultant hereby expresses its willingness to enter into this Agreement
with Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $50,000, less the amount of all funds actually paid by the
City to Consultant pursuant to this Agreement.
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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
ATT~ ~
By: ~ W-~
City Clerk
By:
1IA
Mayor
FOR CONSULTANT:
MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION
ATTEST:
By:
Corporate Seal
(b:\mbtma98.wpd)A]
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CityAtlomey
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EXHIBIT "A"
Miami Beach TMA
WORK PROGRAM
(October 1, 1998 - September 30, 1999)
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. Create Work Plan for 1998 - 1999 budget year.
f. Create Budget for 1998 - 1999 budget year.
g. Secure funding from the City of Miami Beach for 1998 - 1999 budget year.
h. Execute Joint Participation Agreement with FDOT District VI.
I. Coordinate Work Plan and funding with the Dade County MPO.
Time Frame: October 1998 - 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, shuttle service, local transit service, and bikeways.
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 1998 - 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 1998 - 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 1998 - Ongoing
5. Dissemination of Information: Educational Outreach:
a. Establish MB TMA identity program, including logo, brochures and
development of other marketing materials and incorporate shuttle service
and parking facilities into information.
b. Define a public policy program.
c. Publicize the results as they are completed.
Time Frame: October 1998 - 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 1998 - Ongoing
7. Offer "special" TOM Services to Members:
a. Implement guaranteed ride home program through the Gold Coast
Commuter Services program.
b. Implement transit-pass special discount fare rate in cooperation with
MOTA.
c. Implement TMA-sponsored vanpool program (in coordination with the
Dade County MPO vanpool program).
Time Frame: October 1998 - 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. Middle Beach/ hotel extension of shuttle project.
c. Develop the appropriate TDMrrSM strategies for the area based on study
and survey results.
d. Implement TDMrrSM strategies as outlined above.
Time Frame: October 1998 - 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 1998 - 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 TOM.
b. Attending City, County and special transportation and parking committee
meetings and commenting when appropriate to
ensure 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 1998 - 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 1998 - 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 1998 - 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. Annual TMA performance evaluation by Gold Coast Commuter Services
in accordance with FOOT manual.
c. Adjust programs and services as necessary.
Time Frame: Quarterly self review
Formal RCAP review annually
Prepared: August 3, 1998