2002-25015 Reso
RESOLUTION NO. 2002-25015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE MIAMI
BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA), IN THE
AMOUNT OF $50,000, TO PROVIDE TRANSPORTATION DEMAND
MANAGEMENT (TDM) SERVICES TO MIAMI BEACH; AND AUTHORIZING A
LUMP-SUM PAYMENT, AS SEED FUNDING, UTILIZING FUNDS AVAILABLE IN
THE FY 2002-03 PARKING ENTERPRISE PROFESSIONAL SERVICES
ACCOUNT.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA) is a
public-private, non-profit 501 (c)(4) organization that was specifically established to develop,
coordinate, and implement transportation demand management (TOM) services to Miami
Beach; and
WHEREAS, since MBTMA's inception in 1996, the City and the Florida Department of
Transportation (FOOT), under separate agreements with MBTMA, have provided the funds
needed for the annual MBTMA operating budget; and
WHEREAS, the City provides the "seed funding" needed for MBTMA to perform the
above-mentioned services, while the FOOT contribution is made available to MBTMA after
the fact, via the reimbursement method; and
WHEREAS, in consideration for the services to be provided by MBTMA, pursuant to the
attached Professional Services Agreement, the City wishes to provide for its annual lump-
sum contribution, in the amount of $50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORDIA, that the Mayor and City Commission hereby
authorize the Mayor and City Clerk to execute a Professional Services Agreement with the
Miami Beach Transportation Management Association (MBTMA), in the amount of
$50,000, to provide transportation demand management (TOM) services to Miami Beach;
and authorize a lump-sum payment, as seed funding, utilizing funds available in the FY
2002-03 Parking Enterprise Professional Services account.
PASSED AND APPROVED this the 26th
, 2002.
J;:t f~
CITY CLERK
F:\WORK\$TRA\AMELlA\ELECTWVE\MBTMAagree.0203.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECunoN
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution authorizing the execution of a Professional Services Agreement with the Miami Beach
Transportation Management Association (MBTMA), in the amount of $50,000, to provide transportation
demand management services (TOM) to Miami Beach; and authorizing a lump-sum payment, as seed
fundin ,utilizin funds available in the FY 2002-03 Parkin Enter rise Professional Services account.
Issue:
Shall the City renew its annual Agreement with MBTMA?
Item Summa IRecommendation:
The City and the Florida Oepartment of Transportation (FOOT) created MBTMA in 1996, to develop and
help implement TOM initiatives in Miami Beach. Since then, the City and FOOT have funded the annual
MBTMA operating budget, under separate agreements with MBTMA. The City's annual contribution is fixed
at $50,000 (as seed funding), while FOOT's contribution averages $130,000 (via reimbursements). These
funds maintain MBTMA as a public-private, non-profit organization. MBTMA's most successful and time-
consuming TOM initiative has been the Electrowave Shuttle Service. The introduction of other initiatives,
such as carpool, vanpool, and park-and-ride programs, has failed to receive the attention/support required
from Miami Beach major employment centers and may come to being only after the City decides to
mandate such programs, by adopting a Transportation Management Ordinance (TMO). The
Administration recommends that the City execute the annual Agreement with MBTMA, in the amount of
$50,000, utilizin funds available in the FY 2002-03 Parkin Enter rise Professional Services account.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Mount At;count APproved
Funds: 1 $50,000 480.0461 .000312
IFi~.J 2
3
4
Total $50,000
City Clerk's Office Legislative Tracking:
I Amelia Johnson
Assistant City Manager
City Manager
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AGENDA ITEM
DATE
R7L
9-J6-o:;"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \~.
City Manager 0 U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH
THE MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION
(MBTMA), IN THE AMOUNT OF $50,000, TO PROVIDE
TRANSPORTATION DEMAND MANAGEMENT (TOM) SERVICES TO
MIAMI BEACH; AND AUTHORIZING A LUMP-SUM PAYMENT, AS SEED
FUNDING, UTILIZING FUNDS AVAILABLE IN THE FY 2002-03 PARKING
ENTERPRISE PROFESSIONAL SERVICES ACCOUNT.
Date: September 26, 2002
To:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Transportation Management Associations (TMAs) are public-private organizations, the
purpose of which is to introduce, create, and implement Transportation Demand
Management (TOM) initiatives, such as local circulators, van pools, carpools, and other
programs, and to boost community awareness of such alternatives to the private
automobile. These alternative modes of transportation help reduce traffic congestion,
increase mobility, reduce demand on limited parking spaces, and enhance the quality of
life within urban communities, such as Miami Beach.
The Miami Beach Transportation Management Association (MBTMA) was created in
January 1996 and was incorporated in October 1996 as an independent, non-profit
501 (c)(4) organization. A partnership between the City and the Florida Department of
Transportation (FOOT) provides the funds needed for the annual operating budget, as
follows:
o The City's annual lump-sum contribution is fixed at $50,000 and provides the "seed"
funding needed by MBTMA to function as a public-private organization.
o FOOT's annual contribution averages $130,000, and is received by MBTMA on a
reimbursement basis.
o MBTMA anticipates receiving $80,00 in "in-kind" services. FOOT requires that such
non-cash amounts be included as part of the operating budget.
September 26, 2002
Commission Memorandum
FY 2002-03 MBTMA Operating Budget
Page 2
So, the total proposed FY 2002-03 MBTMA Operating Budget is $260,000, being $180,000
in cash funds and $80,000 in in-kind services.
Funding for the City's $50,000 annual contribution to MBTMA is available in the FY 2002-
03 Parking Enterprise Professional Services account. Attached as Exhibit '~" to the
MBTMA Aareement, you will find the following proposed items for FY 2002-03:
o MBTMA Work Program (Scope of Services)
o MBTMA Budget Summary, including in-kind services
o MBTMA Operating Budget, including in-kind services.
MBTMA's effectiveness and commitment to a Work Program has been confirmed by FOOT
and City, who closely examine its work product, as well as the monthly reports and annual
audits which MBTMA is required to submit, as a non-profit organization.
It is true that most MBTMA activities have been directed toward its first TOM initiative, the
Electrowave Shuttle Service. Although MBTMA has also dedicated a lot of time, on two
previous occasions, to implement carpool and vanpool programs in Miami Beach, the
major employers involved failed to dedicate the effort and resources needed to incentive
their employees to participate in such programs.
As traffic conditions worsen in Miami-Dade County, and concurrency issues become more
prevalent in Miami Beach, the City will have to be proactive in considering and adopting a
Transportation Management Ordinance (TMO), which may mandate the implementation
of such carpool and vanpool programs. Only after a TMO is in place will MBTMA be able
to widen its range of duties, effectively.
CONCLUSION: FOOT's annual contribution to MBTMA is contingent upon the City's
annual $50,000 contribution. Combined, these funds allow MBTMA to continue operating
as a public-private entity in Miami Beach, and performing the TOM services for which it has
been hired, since 1996. The Administration recommends that the City execute another
annual Professional Services Agreement with MBTMA, in the amount of $50,000, utilizing
funds available in the FY 2002-03 Parking Enterprise Professional Services account.
JG/R~AJ
Attachments: Professional Services Agreement (with its Exhibit '~'1
F:\WORK\$TRA\AMELIA\ELECTWVE\MBTMAagree.0203.doc
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
FOR THE PROVISION OF
TRANSPORTATION DEMAND MANAGEMENT SERVICES DURING FY 2002-03
THIS AGREEMENT made and entered into this /)6 tL day of Jty1 ~ Kt tuA
2002, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to
as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
33139 and the MIAMI BEACH TRANSPORTATION MANAGEMENT
ASSOCIATION-MBTMA (hereinafter referred to as Consultant), a non-profit, public-
private 501(c)(4) organization, which address is 777 41st Street, Suite 330, Miami Beach,
Florida 33140.
SECTION 1
DEFINITIONS
Agreement:
This written Professional Services Agreement between the City and
Consultant.
City Manager:
The Chief Administrative Officer 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.
Services:
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement, as described in Section 2.
Project Coordinator: An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Services.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
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SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled
"Scope of Services" (Services).
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be compensated for the Services to be provided herein in an amount
not to exceed Fifty Thousand and 00/1 00 Dollars ($50,000), for the Services 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
transportation demand management (TDM) services, other than the Electrowave Shuttle
Project.
3.2 METHOD OF PAYMENT
One lump-sum payment shall be made to the Consultant after execution of this
Agreement, which effective date is October 1, 2002. Consultant shall be required to submit
monthly reports and other submissions which detail the Consultant's work performed each
month, as set forth in Exhibit "A".
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
Consultant shall exercise that degree of skill, care, efficiency and diligence normally
exercised by recognized professionals with respect to the performance of comparable
Services. In its performance of the Services, 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. .
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4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287. 133(3)(a) Florida
Statute on Public Entity Crimes shall be filed with the City's Procurement Division.
4.4 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services, who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project
Coordinator.
4.5 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) months, commencing on
October 1, 2002, and ending September 30,2003. Funding for any additional term(s) shall be
approved by the City and be contingent upon a favorable evaluation of the MBTMA by the
City and the Florida Department of Transportation (FDOT). Notwithstanding the aforestated
language, however, the City shall have no future obligation to renew this Agreement beyond
the twelve-month term set forth herein.
4.6 TIME OF COMPLETION
The Services to be rendered by the Consultant will commence on October 1,2002, and
will continue the services that the Consultant has been developing and implementing for the
City, since the execution of the first Agreement with the City, which was effective January ,1,
1996. Consultant shall adhere to a completion schedule, if so determined by the City and
Consultant.
4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership by
the City. Any reuse by Consultant or the parties shall be approved in writing by the City.
4.8 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
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injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct
of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting
under Consultant's control, in connection with the Consultant's performance of the Services
pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and
losses and shall pay all such costs and judgements which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the City
in the defense of such claims and losses, including appeals. The parties agree that one percent
(I %) of the total compensation to the Consultant for performance of the Services under this
Agreement is the specific consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims proximately resulting from negligent acts or omissions or other
wrongful conduct of the City and its officers, employees and agents. The parties each agree
to give the other party prompt written notice of any claim coming to its knowledge that in any
way directly or indirectly affects the other party.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any 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. Professional General Liability in the amount of $1,000,000.00.
2. Workers Compensation & Employers Liability, as required pursuant to Florida statute.
All policies are subject to the following provisions:
All insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Manager. The City must be named as an
additional insured. Original certificates of insurance for the above mentioned coverages, or
any other form of insurance as may be required by the City or the City designee, must be
submitted to the City's Risk Manager for approval prior to any work commencing. These
4
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. 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.
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 coverage.
4.9.1 ENDORSEMENTS
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.9.2 CERTIFICATES
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.10 TERMINATION. SUSPENSION AND SANCTIONS
4.10.1
Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any
of the covenants, agreements, or stipulations material to this Agreement, the City shall
thereupon have the right to terminate 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 ofthis Agreement and shall grant Consultant ten (10) days to cure such
5
default. If such default remains uncured after (10) days, the City, upon seven (7) days notice
to Consultant, may terminate this Agreement and the City shall be fully discharged from any
and all liabilities, duties and terms arising out of/or by virtue of this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports and other work products prepared by the
Consultant and its subcontractors shall be properly assembled and delivered to the City at the
Consultant's sole cost and expense. Consultant shall be paid for any Services satisfactorily
performed up to the date of termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
City for damages sustained by the City by any breach of the Agreement by the Consultant.
The City, at its sole option and discretion, shall additionally be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the City's right
and remedies against the defaulting party. The City shall be entitled to recover all costs of
such actions, including reasonable attorney's fees. To the extent allowed by law, the
defaulting party waives its right to jury trial and its right to bring permissive counter
claims against the City in any such action.
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 DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO
CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE
SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR
UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN
SECTION 2 AND IN EXHIBIT "A" SHALL BE PROPERLY ASSEMBLED AND
DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF
THE AGREEMENT IS TERMINATED BY THE CITY, AS PROVIDED IN THIS
SUBSECTION, CONSULTANT SHALL RETURN TO THE CITY A PROPORTION
OF THE $50,000 IN FUNDS THAT WILL BE FRONTED BY THE CITY TO THE
CONSULTANT, AS A LUMP-SUM AMOUNT.
4.10.3 Termination for Insolvencv
The City also reserves the right to terminate the remaining Services to be
performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy
or makes an assignment for the benefit of creditors. In such event, the right and obligations
for the parties shall be the same as provided for in Section 4.10.2.
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4.10.4
Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City or the State of
Florida may determine to be appropriate, including but not limited to, withholding of
payments to the Consultant under the Agreement until the Consultant complies and/or
cancellation, termination or suspension of the Services. In the event the City cancels or
terminates the Services pursuant to this Subsection the rights and obligations of the parties
shall be the same as provided in Section 4.10.2.
4.10.5
Chan2es and Additions
This Agreement shall only be modified, changed or amended by an instrument
of equal dignity, executed by the officers and agents duly authorized by each respective party.
4.11 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem necessary,
there shall be made available to the City and/or such representatives as the City may deem to
act on its behalf, to audit, examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement. Consultant shall maintain any and all records necessary to
document compliance with the provisions of this Agreement.
4.12 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records
to the City and/or such authorized representatives as it may deem to act on its behalf, and
agrees to provide such assistance as may be necessary to facilitate financial audit by the City
or its representatives when deemed necessary to insure compliance with applicable accounting
and financial standards. Consultant shall allow access during normal business hours to all
other records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
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4.13 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.
4.14 SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's services, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of sub-
consultants, and any other person or entity acting under the direction or controls of the
Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to
include any sub-consultants and any other person or entity acting under the direction or
control of Consultant. All sub-consultants must be approved in writing prior to their
engagement by Consultant.
4.15 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.
4.16 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Miami-Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of this
Agreement, no person having any such interest has been employed by the Consultant. No
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.
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4.17 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of
the Consultant or its employees or subcontractors.
2.18 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager/Maintenance Manager appointed by Consultant and the Project Manager
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 (MBTMA)
Judy I. Evans, Executive Director
777 41 st Street, Suite 330
Miami Beach, Florida 33140
(305) 535-9160
(305) 535-9157 - fax
mbtma@earthlink.net
TO CITY:
City of Miami Beach
Joseph W. Johnson, III, Director
Transportation Concurrency Management Division
Proj ect Coordinator
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6185
(305) 604-2498 - Fax
http://JosephJohnson@ci.miami-beach. fl. us
9
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
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.
4.19 LITIGATION JURISDICTIONNENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal 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 Miami-Dade
County, Florida.
4.20 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. 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.
4.21 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement
with Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28, Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as ofthe date first entered above.
FOR CITY:
ATTEST:
BY:~ r~
City Clerk
FOR CONSULTANT:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
FOR MBTMA:
Corporate Seal
APPROVED M 10
FORM & LANGUAGE
& FOR EXECUTION
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.. ,-. . ~ "'::.
EXHIBIT "A"
MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION, INC.
~
ANNUAL WORK PLAN & BUDGET
2002 - 2003
Prepared For:
Florida Department of Transportation - District Six
&
City of Miami Beach
EXHIBIT: A
Miami Beach TMA
WORK PROGRAM
(October 1. 2002 - September 30, 2003)
NlISSION;
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 Oraanizational Structure by:
a. Maintaining financial structure of the TMA.
b. Monitoring financial progress.
c. Maintaining long-r~nge strategic plan.
d. Supporting and continuing development of effective membership and
outreach.
e. Implementing Work Plan for 2002-2003 budget year.
f. Maintaining & Managing Budget for 2002-2003 budget year.
g. Execute Joint Participation Agreement with FOOT District VI.
h. Coordinate Work Plan and funding with the Dade County MPO.
nme Frame: November 2002 - 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. Printing and distribution of Quarterly Miami Beach TMA newsletter to
membership and potential members, businesses, and employers.
c. Hosting 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 Commuter
Services of South Florida, to increase community awareness of
altemative transportation, and to build constituency for membership.
Time Frame: November 2002 - Ongoing
3. Research and Development:
a. Continue to establish baseline transportation con~itions using available
City, County, and Regional data coordinated with previous member
studies for short and long term project development.
b. Utilize available resources to support the City's Concurrency
Management Plan that includes the shuttle, carpooling, vanpooling, and
park & ride programs.
Time Frame: November 2002 - Ongoing
4. Reduce Drive-Alone CommutinG Among Miami Beach Emolovees.
Developers. and Businesses bv EncouraGinG Implementation of TOM
Strategies bY:
a. Identifying area travel patterns through Miami Beach TMA transportation
surveys utilizing the services of Commuter Services of South Florida.
b. Using survey results to develop customized program of TOM
strategies with potential for vehicle reduction at individual
employment sites.
c. Assisting employers in initial implementation of TOM programs.
d. Offering follow-up assistance to employers with existing programs.
e. Assisting employers 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 employer work sites.
h. Producing and distributing generalized marketing materials to
encourage commuters' use of alternative travel modes.
Time Frame: November 2002 - Ongoing
5. Dissemination of Infonnatlon: Educational Outreach:
a. Update the public policy program.
b. Publicize the results as they are completed through newsletter.
Time Frame: November 2002 - Ongoing
6. Provide Rldematchina Services by:
a. Utilize and promote regional ridematching services.
b. Utilize the regional ridematching services provided by Gold Coast
Commuter Services.
Time Frame: November 2002 - Ongoing
7. Offer ~speclal" 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 Miami Dade Transit.
c. Continue working with employers and the Miami Beach Parking
Department toward the development of employee vanpool programs (in
coordination with the Dade County MPO vanpool program).
d. Begin planning and development of hotel guest transportation/parking
program.
Time Frame: November 2002 - Ongoing
8. Proaram ImDlementatlon:
a. Development and placement of shuttle route map signs (placed at eye
level) along shuttleltransit route (to provide information on parking lot
locations, shuttle route, stops and other transportation related information.
b. Develop the appropriate TDMfTSM strategies for the area based on study
and survey results.
c. Implement TDMfTSM strategies as outlined above.
Time Frame: November 2002 - Ongoing
9. Assist Members In Responding to Current and Future Transoortatlon
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: November 2002 - 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 insure support of
commuting alternatives.
c. Promotion of alternative. transportation and Park & Ride opportunities at
special city wide events.
d. Publishing local road improvement construction updates and alternative
transportation and routes in TMA newsletters, and special mailings.
Time Frame: November 2002 - Ongoing
11. Participation In the TransDOrtatlon Activities of Local and Regional
Transportation Service and Facilities PlanninG AGencies bY:
a.
b.
Representing members' interests at city and county transportation,
parking and bikeways planning meetings.
Participating on local transportation citizens advisory committees or task
forces.
Coordinating with Miami Dade Transit on plans for bus service revisions
to improve transit access to employment sites.
Improving headways of second phase of electric shuttle service in the
IIBTMA area.
Identifying opportunities for privately funded employment site transit
services (local-area shuttles). Supporting development with technical
assistance, institutional support, and financial support when possible.
Working closely with local and regional transportation organizations and
providers on parking and mobility related issues.
Providing transportation coordination services for the city during special
events/activities such as New Year's Eve, Memorial Day Weekend, 4ft of
July, Art Deco Weekend, concerts, festivals, etc..
c.
d.
e.
f.
g.
Time Frame: November 2002 - Ongoing
~ ' .
MIAI}II BEACH. TRANSPORTATION MANAGEMENT ASSN., INC.
OPERATING BUDGET
(November 1,2002 - October 31, 2003)
EXPENDITURES:
SALARIES:
executive Director (20 hrs. WkIy.) $ 39,375
AssocIate Director (20 hrs. Wkly.) 28,409
Marketing Coordinator (~O hrs. Wkly.) 20,600
Clerical Support (20hrs. Wkly.) 14,638
Temporary Hourly Special Project Support 9,903*
FRINGE BENEFITS: 34.125
TOTAL PAYROLL: $ 147.050
CAPITAL:
Printer $ 1,000
-
TOTAL CAPITAL: $ 1.000
OPERATING:
professional Development $ 1,500 **
Travel (Local/Out of Area) 2,000 -
Office Supplies 2,000
, Postage 1,000
Rent (Office Space) 12,000
Equipment Maintenance (Copier, fax, typewriter, printers) 2,000
Telephone 4,000
OfficerlDirector Uability Insurance 2,500
Bi-Monthly Accounting Services 1,700
Annual Audit 1,750
Printing - Newsletter 1.500 -
Sub-Total:: $ 31,950
IN-KIND SERVICES -
Annual City Wide Parking Permits (5) 2,000
Marketing/Advertising of TMA 5,000
Board MeetlngJWorkshop Room Use - Convention Center 2,500
Legalffechnical Support 30,000
Profe~onalSupport 34.750
Sub-Total: $ 74,250
OPERATING TOTAL: $ 104.700
BUDGET TOTAL: $ 260.000
***
No BeneIb for Tenl(lClf8lY Hourly PenIorlileI
wortalhop R.yIlIbdUon Fees (A88n. Commul8' TIWlSpOIt8lIon - NatIonBI Conferellce. Sodttiutem Aun.
Commuter Trensportation - Regional ConferenCe. Southern CoeIitIon AItem8tIve Transportation - Annu8I
Mtg., National TMA Summl- baed on IIaff 8CheduIes and available fwlds)
AIrfare. holelllCCClflllll(lC, ground uw.portaUon to lIltend above WOI1cshop8
Ql8terIy new&Ietter ~ Iayod donated
Donated ServIces (Documented)
*
**
****
*-
12. Membership:
a. Formulate membership and funding structure.
b. Recruitment of additional private-sector members.
c. Develop community-based activities to increase TMA participation and
membership, and visibility.
Time Frame: November 2002 - Ongoing
13. Monitor and Evaluate Proaress:
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 28, 2002
MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION, INC.
BUDGET SUMMARY
(November 1, 2002 - October 31, 20(3)
EXPENDITURES:
PAYROLL:
CAPITAL:
OPERATING:
EXPENDITURE TOTAL:
INCOME & SOURCES:
CITY OF MIAMI BEACH
IN-KIND SERVICES
FOOT
FUNDING TOTAL:
$
$
147.050
1,000
104.700
s
260,000
$
50,000
80,000
130.000
s
260,000 *
NOTE: IT IS IMPORTANT TO UNDERSTAND THAT INKINDIDONATED SERVICES AND
EQUIPMENT ARE CONSIDERED BY FOOT AS ACTUAL DOLLARS ( DONATED SERVICES
RECEIVED BY THE TMA THAT HAVE A DOLLAR VALUE BUT THE TMA IS NOT CHARGED FOR)
THESE INKIND SERVICES GENERATE FUNDS FROM FOOT THAT WOULD OTHERWISE NOT BE
AVAILABLE TO THE CITY FOR THE PROJECT.
* Includes in-kind donations for parking permits, donated board member and professional support time,
marketing and advertising/publicity of TMA, use of Convention Center meeting room for Board Meetings
and Workshops, volunteer staff time, legal support and technical selVlces (documented), equipment.