Agreement with State of Florida Department of Trasportation ii
( oiw
FM No.:422239-2-12-01
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT(hereinafter`Agreement') is made and entered into this
1 day of 007 , 20A, between the CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida, located at 1700 Convention Center Drive,Miami Beach,FL 33139,
hereinafter referred to as the`PARTICIPANT',and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION a component agency of the State of Florida, hereinafter referred to as the
`DEPARTMENT'.
RECITALS:
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous in the continuation of
the partnership with the development and implementation of a Transportation Management Initiative
(TMI); and
WHEREAS, the DEPARTMENT's State Management Plan defines TMIs as hybrid entities that
are the first step in a process in which employers and other interested parties consider collective actions
for improving the means to carry people and/or goods; and
WHEREAS, the TMI services continue to be in the interest of both the PARTICIPANT and
DEPARTMENT; and
WHEREAS, the PARTICIPANT shall fund the increased or unforeseen costs beyond the
amount budgeted below, under financial project number 422239-2-12-01, associated with the
development and implementation of the TMI, hereinafter collectively called the `PROJECT', and as
detailed in the attached Exhibit "A", "Scope of Services", which is herein incorporated by reference;
and
WHEREAS, the PARTICIPANT, by Resolution adopted on
, 20 , a copy of which is attached hereto and made a part hereof,
authorizes the proper officials to enter into this Agreement; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2006),Florida Statutes, and authorize its officers to do so.
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated
herein by reference and made a part hereof.
Page 1of12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
2. General Requirements
(a) The DEPARTMENT shall be responsible for assuring that the Project complies
with all applicable Federal, State and Local laws, rules, regulations, guidelines
and standards.
(b) The PARTICIPANT agrees to make all previous studies, maps, drawings,
surveys and other data and information pertaining to the Project available to the
DEPARTMENT at no extra cost.
(c) The DEPARTMENT shall have the sole responsibility for resolving claims and
requests for additional work for the PROJECT. The DEPARTMENT will make
reasonable efforts to obtain the PARTICIPANT's input, regarding such claims
or requests, in its decisions.
(d) The total cost for the Project which consists of services for up to seven hundred
ninety-two hours from October 1st, 2019 through August 31st, 2020, hereinafter
referred to as Project Costs, is $39,742.56. The total DEPARTMENT
participation is in the amount of$19,871.28. The PARTICIPANT's share is a
lump sum payment of the amount of$19,871.28. The PARTICIPANT's share
is non-refundable.
(e) In the event, it becomes necessary for the DEPARTMENT or PARTICIPANT
to institute suit for the enforcement of the provisions of this Agreement, each
party shall be responsible to pay for their own attorney fees and court costs.
(f) This AGREEMENT and any interest herein shall not be assigned,transferred or
otherwise encumbered by the PARTICIPANT under any circumstances without
the prior written consent of the DEPARTMENT. However,this AGREEMENT
shall run to the DEPARTMENT and its successors.
(g) Except as otherwise set forth herein,this AGREEMENT shall continue in effect
and be binding to both the PARTICIPANT and the DEPARTMENT until the
PROJECT is completed as evidenced by the written acceptance of the
DEPARTMENT or August 31St, 2020, whichever occurs first.
(h) This Agreement is for_the term reflected above in Section (d) and may be
renewed three times, only if mutually agreed to in writing by the
DEPARTMENT and the PARTICIPANT. Any such renewal shall be subject to
the same terms and conditions set forth in this Agreement, and shall be
contingent upon the availability of funds.
(i) The PARTICIPANT warrants that it has not employed or obtained any company
or person, other than bona fide employees of the PARTICIPANT, to solicit or
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Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
secure this AGREEMENT, and it has not paid or agreed to pay any company,
corporation, individual or firm, other than a bona fide employee employed by
the PARTICIPANT. For breach or violation of this provision, the
PARTICIPANT shall have the right to terminate the AGREEMENT without
liability.
(j) This AGREEMENT is governed by and construed in accordance with the laws
of the State of Florida. Venue with respect to any judicial proceedings arising
out of this Agreement shall be in Miami-Dade County.
(k) This document incorporates and includes all prior negotiation, correspondence,
conversations, agreements, or understandings applicable to the matters
contained herein, and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this agreement
that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representation
or agreements whether oral or written. It is further agreed that no modification,
amendment, or alteration in the terms and conditions contained herein shall be
effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
(1) The PARTICIPANT will provide funding to the DEPARTMENT, in the
aggregate amount of NINETEEN THOUSAND EIGHT HUNDRED
SEVENTY-ONE DOLLARS AND TWENTY-EIGH CENTS ($19,871.28), for
the PROJECT, subject further to the provisions in Section 3 of this Agreement
and as outlined in the attachment Exhibit "B", "Financial Summary", which is
herein incorporated by reference.
(m) The DEPARTMENT Contractor will not commence work on the PROJECT
until PARTICIPANT funding for the PROJECT is on deposit with the
DEPARTMENT.
(n) Upon the receipt, authorization and encumbrance of funding received from the
PARTICIPANT as a result of this Agreement, the DEPARTMENT Contractor
will commence work on the PROJECT.
3. Financial Provisions.
(a) The PARTICIPANT agrees that it will, no later than thirty(30) calendar days after the
DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT its
advance deposit in the amount of DOLLARS ($19,871.28)for the estimated PROJECT
cost for Locally Funded project number 422239-2-12-01. The complete advance
deposit shall be the total estimated PROJECT cost plus allowances. The
DEPARTMENT may utilize the complete advance deposit for payment of the costs of
the PROJECT.
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Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
• DEPARTMENT's Share: • $ 19,871.28
PARTICIPANT's Share: $ 19,871.28
TOTAL PROJECT COST: $ 39,742.56
(b) The PARTICIPANT shall be solely responsible for funding any increased or unforeseen
costs beyond the amount budgeted for the PROJECT,as set forth in this Agreement and
detailed in the attached Exhibit "B". Should PROJECT modifications occur that
increase the PARTICIPANT's share of total PROJECT costs, the PARTICIPANT will
be notified by the DEPARTMENT, as referenced in the Recitals above. The
PARTICIPANT agrees to provide, without delay, in advance of the additional work
being performed, adequate funds to ensure that cash on deposit with the
DEPARTMENT is sufficient to fully fund its share of the PROJECT. The
DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the
actual cost will overrun the award amount; however, failure of the DEPARTMENT to
notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to
pay for its full participation. The DEPARTMENT shall provide invoices to the
PARTICIPANT for the additional PROJECT funding. Funds are due from the
PARTICIPANT during the PROJECT not paid within forty(40) calendar days from the
date of the invoice are subject to interest charges at a rate established pursuant to Section
55.03, Florida Statutes (F.S.).
(c) The DEPARTMENT intends to have its fmal and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty(360) days of final payment to the Contractor. The DEPARTMENT considers the
PROJECT complete when final payment has been made to the Contractor,not when the
construction work is complete. All PROJECT cost records and accounts shall be subject
to audit by a representative of the PARTICIPANT for a period of three (3) years after
final close out of the PROJECT.
(d) In the event the final accounting of total PROJECT costs is greater than the total deposits
to date, the PARTICIPANT will pay the additional amount within forty (40) calendar
days from the date of the invoice from the DEPARTMENT. The PARTICIPANT
agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any
invoice not paid within forty(40) calendar days until the invoice is paid.
(e) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability,or
enter into any contract which,by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract,verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from
the Comptroller of the Department that such funds are available prior to entering into
any such contract or other binding commitment of funds.Nothing herein contained shall
prevent the making of contracts for periods exceeding one year, but any contract so
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Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
• made shall be executory only for the value of the services to be rendered or agreed to •
be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim
in all contracts of the Department which are for an amount in excess of TWENTY-FIVE
THOUSAND DOLLARS($25,000.00)and which have a term for a period of more than
one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon
execution by the.PARTICIPANT and the DEPARTMENT and as of the date set forth
on page one(1)hereof.
5. Provisions Separable. The provisions of this Agreement are independent of and
separable from each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of them may
be invalid or unenforceable in whole or in part.
6. Amendment of Agreement. This Agreement may only be amended by mutual
agreement of the DEPARTMENT and the PARTICIPANT, expressed in writing and
executed and delivered by each.
7. Notices. All notices, requests, demands and other communications required or
permitted under this Agreement shall be in writing and shall be deemed to have been
duly given, made and received when delivered (personally, by courier service such as
Federal Express, or by other messenger) against receipt or upon actual receipt of
registered or certified mail, postage prepaid, return receipt requested, addressed as set
forth below:
(a) If to the PARTICIPANT: The City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Jose Gonzalez
Copy: Judy Hoanshelt
(b) If to the DEPARTMENT: Florida Department of Transportation
1000 NW 111 Avenue, Room 6202B
Miami, Florida 33172
Attention: Raymond Freeman, Project Manager
Email: Raymond.Freeman@dot.state.fl.us
Ph: 305-470-5255
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole
and entire Agreement between the parties with respect to such subject matter and
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Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
• supersede any and all other prior written or oral agreements between them with respect •
to such subject matter.
9. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall
not be considered as or constitute a continuing waiver or a waiver of any other breach
of the same or any other provision of this Agreement.
11. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of
this Agreement or the intent of any of its provisions.
12. Absence of Third Party Beneficiaries. Nothing in this Agreement,express or implied,
is intended to (a) confer upon any entity or person other than the parties and their
permitted successors and assigns any rights or remedies under or by reason of this
Agreement as a third party beneficiary or otherwise except as specifically provided in
this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an
action pursuant to or based upon this Agreement.
13. Other Documents. The parties shall take all such actions and execute all such
documents which may be reasonably necessary to carry out the purposes of this
Agreement, whether or not specifically provided for in,this Agreement; provided that
the parties further acknowledge that certain additional actions by the PARTICIPANT
may require approval by the PARTICIPANT Commission/Council, and, to the extent
such approval is required by applicable law,obtaining such approval shall be a condition
to the obligations of the PARTICIPANT under this Section.
14. Governing Law. This Agreement and the interpretation of its terms shall be governed
by the laws of the State of Florida, without application of conflicts of law principles.
Venue for any judicial, administrative or other action to enforce or construe any term of
this Agreement or arising from or relating to this Agreement shall lie exclusively in
Miami-Dade County, Florida.
Page 6 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement on
the day and year first above written, the PARTICIPANT, signing by and through its PARTICIPANT
Manager, and the DEPARTMENT, signing by and through its District Secretary, each duly
authorized to execute same. 1
CITY OF MIAMI BEACH: STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
I
BY: < < _i" BY:
CI Y MANAGER DIRECTOR OF TRANSPORTATION
DEVELOPMENT
1-7d ATTEST: lab 1 19 ATTEST:
(SEAL) CIYY CLERK ' 1 (SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
(7C-Th4,,54/i(--- T(Aq0 1
CITY ATTORNEY 4'1 DISTRICT CHIEF COUNSEL
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Page 7 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
EXHIBIT 'A' •
SCOPE OF SERVICES
South Florida Commuter Services
City of Miami Beach TMI
Transportation Management Initiative
Partnership with City of Miami Beach
OVERVIEW
South Florida Commuter Services(SFCS)is a program of the Florida Department of Transportation
(DEPARTMENT),working in cooperation with the City of Miami Beach(PARTICIPANT) to develop the
Miami Beach Transportation Management Initiative(TMI).
The Project will be funded by the Department and staffed by member(s) of SFCS. The TMI is located
at and supported by the City of Miami Beach. The TMI also works closely with other transportation
agencies such as the Miami-Dade Transportation Planning Organization (TPO) and the Miami-Dade
Department of Transportation and Public Works (DTPW) to promote the use of alternative modes of
transportation.
BACKGROUND
External visibility of the TMI helps channel the TMI's advocacy, educational, and outreach roles. Also
examined is the potential reach of promotional efforts and their impact in encouraging commuters to consider
alternative commute modes.
The TMI will focus on the following key Transportation Demand Management (TDM) strategies that were
identified and developed as part of the Transportation Workshops facilitated by South Florida Commuter
Services and the Center for Urban Transportation Research(CUTR)in 2018:
• Reduce single occupancy vehicle trips(SOV) in the City
• Support the use of all forms of alternative modes of transportation (Miami-Dade Transit,
carpool, South Florida Vanpools, City of Miami Beach Trolley,bicycling, walking)
• Promote alternative work hours
• Promote the Commuter Tax Benefit program to local employers (subsidy,pre-tax)
• Work with employers to implement transportation demand management strategies at worksite
• Support city in the development of TMI collateral
• Coordinate events to promote TMI
EMPLOYER OUTREACH
The TMI's primary role (75% of staff time) is that of employer outreach. The TMI works with SFCS
and others to increase awareness and use of transit and ridesharing. The TMI staff's duties shall include
but not be limited to the following:
Page 8 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
• • Develop master list of contacts (employers, schools, associations, etc.)
• Provide information on carpooling, vanpooling, transit and Guaranteed Ride Home
• Assist in the formation of ridesharing agreements
• Promote MDT and City of Miami Beach trolley services
• Provide materials to employers for use with new employee orientations
• Conduct employer surveys
• Obtain origin/shift time of commuters travelling to City for work purposes
• Develop timeline to promote TMI at key events, meetings, fairs, etc.
• Work with Miami-Dade School District to develop School Pool opportunities focusing on
carpooling and safe bicycling and walking to school
COMMUNICATION AND MARKETING
The TMI will also support the City with the development of collateral and marketing material to support
and promote efforts including but not be limited to the following:
• Develop new employee welcome kits with commuter options
• Create marketing and collateral materials in multi-languages with distribution to employers and
at key events
• Create Getme2MiamiBeach.com with the support of the City
• Develop targeted marketing campaigns to promote the use of alternative modes of
transportation
PROCESS
To monitor the progress and effectiveness of the TMI, staff will provide the following:
• Create Annual Work Plan that is supported by District 6 and the City of Miami Beach
• Provide quarterly reports of activities, meetings, events
• Facilitate ongoing TMI meetings with City similar to TDM Workshops
DEPARTMENT Financial Project Number: 422239-2-12-01
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Raymond Freeman
CITY/COUNTY Project Manager: Jose Gonzalez
Page 9 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 422239-2-12-01, for PROJECT completion.
The following allocation of funds will remain unchanged for each year of the contract duration:
TOTAL FUNDING - °.; ,,r.
Positions - 'Name 0 1 5 2 :3 ' 4 5 -'6 -.7 8 9 10 r 11 .Total Hourly Rate Fully Burdened Labor
City of Miami Beach 71.11 TBD- .0
s„ .,; ,.. ,:-Total: :• �.. .0' '. 132.,. ...66.-q .,.;66._ ,,,.66.'> r,66
FOOT FUNDING - -
Positions Name 0 1::. 2 • 3 -.4 5 6' 7 .8 9 - "10 ':11, ,Total Hourly Rate Fully Burdened labor
9/19 .-10/19 11/19 12/19 1/20 2/20 3/20 .:4/20 5/20 6/20 7/20 8/20 - •
C6N of Mlaml 8eechTMi 130 0 66 - 33 33..'. .33 r 33': 33 33 33 33 33 33 396 .50.18 19,871.28
Total: - .-0 : 66 33 33 33 •'33 "33 33 33 33 33 33 396 50.13 +.....19,87128 .
Positrons Name, 0�. 1 �2 3. 4 .5 .� 6:. _7 8 1( - 9 ._�10 ;g. Total r. Hourly Rate 'Fully&adenedlabar
.- 9/19 10/19% 11/19 12/19, 1/20 `2/20 3/20 4/10 5)20 I'.6/10 x.•7/20 '. 8/20 t.
CIty of Nbami BeadiTMI <760 '.:0 66..: 33 33 33 +:33 :33,= -33. 33 I:.. 1i 33 ---�33 396 n' 50.18 `, 19,87128
' Total. - O .. 66 ;" .. 33 33 .,33 33 ..33- .-33 33 -•.33 �'33 :.33 396 50.18. .19,871.28 -
Allocation of Funding per Task
Task Hours Cost Tctal
Develop/Update master lit cf contacts(employers,schools,associations,etc) 15 $50.18 $752.70
Provide information on carpooling,van pooling,transt,and Guaranteed Ride Hcme 200 $50.18 $10,036.00
Assist inthe fcrmationofridesharingagreements 25 S50.18 $1,254.50
Promcte MDT and Cty of Miami Beach trolley services 100 $50.18 $5,018.00
Provide materialsto empbyers for use with new employee orientations 40 $50.18 $2,007.20
Conduct employersrrveys 75 $50.18 $3,763.50
Obtain orIgin/shi t'ne of commuters travellingto Ctyfor work purposes 30 $50.18 $1,505.40
Develop timeline to promote TMI at key events,meetings,fats,etc 25 S50.18 $1,254.50
Work with Miami-Dade School District to develop School Pool opportunities focusing 35 $50.18 $1756.30
on carpooling and safe bicycling and waking to school
Develop new employee welcome kits wth commuter options 30 $50.18 $1,505.40
Create marketing and collateral materials in multi-language swith distrlutionnto 25 $50.18 $1,254.50
employers and at key events
Create Getme2MiamiBeach.com with the support of the city 25 $50.18 $1,254.50
Develop targeted marketing campaigns to promote the use of aternative modes 100 $50.18 $5,018.00
Create Annual Work Plan that is supported by District 6 and the City of M ism i Beach 25 $50.18 $1,254.50
Provide quarterly reports of activities,meet hgs,events 22 $50.18 $1,103.96
Facilitate ongoing 7MI meetingswith City similar to TDM Workshops 20 $50.18 $1,003.60
Totals 792 $50.18 $39,742.56
Page 10 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
Tactic Sept Oct Nov Dec Jan Feb • Mar Apr May Jun Jul Aug
Develop/Update master list of '11
contacts( Pem Ict'rne .schools,
associations,etc)
Provide information on carpootng, • " a
vanpooling,transit,and Guaranteed
Ride Home ,w �. •. w. _.
Assist in the formation of rdesharing
agreements
Promote MDT and Cty of Miami •
Beach trolley cervices
Provide materials to emp byers for
use wth new employee orientations
Conduct employer suveys
Obtain origin/shift tine of commuters
trave llingto Cityfor work purposes
Develop timeline to promote TM I at
key event;meetings fairs,etc _
Work with Miami-Dade School District
to dove bp School Pool opportunities
focusing on carpooling and safe
bicycling and waking to school
Develop new employee welcome kits
with commuter options
Create marketing and collateral
materials in multi-languages with
distribution to employers and at key
events _
Create Getme2NliarniBeach.com with
the support of the Oty
Develop targeted marketing
campaigns to promote the use of •
alternative modes
Create Annual Work Plan that is
supported by Distrbt 6 and the City of -
Miami Beach
Provide quarterly reports of activities,
meetings,events
Facilitate ongoingTMl meetingswith
City similar to TDM Workdi ops
Page 11 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01
•
EXHIBIT `C' •
CITY RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Council/Commission.
Page 12 of 12
Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation
Financial Project Number 422239-2-12-01