97-22585 RESO
RESOLUTION NO. 97-22585
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 TWELVE-MONTH PROFESSIONAL SERVICES AGREEMENT WITH THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMAI, FOR THE
PURPOSE OF PROVIDING TRANSPORTATION MANAGEMENT SERVICES TO MIAMI
BEACH; AND, FURTHER AUTHORIZING THE LUMP-SUM CONTRIBUTION OF $50,000
TOWARD THE 1997-98 MBTMA OPERATING BUDGET, UTILIZING FUNDS PROVIDED
FOR THE PURPOSE IN THE CITY'S FISCAL YEAR 1997-98 SPECIAL PROJECTS
BUDGET.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA) has been in
operation for over three years, and its last operating budget expired on September 30, 1997; and
WHEREAS, since MBTMA's inception, the City has contributed $50,000 toward its annual
operating budget, beginning October 1 st of each year; and
WHEREAS, the MBTMA-proposed 1997/98 Operating Budget is $305,435, with $50,000 to
be funded by the City; $70,485 by the Florida Department of Transportation (FOOT); $12,000 from
membership dues; and $172,950 by a combination of in-kind/sponsorship services; and
WHEREAS, the City wishes to provide for the City's annual contribution in subsequent budget
years, as long as MBTMA continues to fulfill its purpose and abide by all City and State requirements
for the organization; and
WHEREAS, the City has negotiated the attached Professional Services Agreement with
MBTMA, in the amount of $50,000, for the purpose of providing transportation management services.
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 the attached twelve-month Professional Services Agreement with the Miami
Beach Transportation Management Association (MBTMA), for the purpose of providing transportation
management services to Miami Beach; and, further authorize the lump-sum contribution of $50,000
toward the 1997-98 MBTMA Operating Budget, utilizing funds provided for the purpose in the City's
Fiscal Year 1997-98 Special Projects Budget.
PASSED AND APPROVED this the
19th
day of
November
,1997.
ATTEST:
MAYOR ffl1
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. [3~.-(t1
TO:
Honorable Mayor and
Members of the City Commission
Jose GarCia-pedros~
City Manager .
A RESOLUTION THE MA VOR AND CITY COMMISSION OF THE CITY
OF MIAMI_ BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A TWELVE-MONTH
PROFESSIONAL SERVICES AGREEMENT WITH THE MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA), FOR THE
PURPOSE OF PROVIDING 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
CITY'S FISCAL YEAR 1997-98 SPECIAL PROJECTS BUDGET.
DATE: November 19, 1997
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Miami Beach Transportation Management Association (MBTMA), originally known
as the South Beach Transportation Management Association (SoBe TMA, January-
October 1995), was incorporated on October 24, 1 995 as an independent, non-profit
501 [c][6] organization, through a partnership between the City of Miami Beach, the
Florida Department of Transportation (FOOT), and the Miami Beach business
community. This partnership funds the annual MBTMA Operating Budget.
The purpose of TMAs is to create, coordinate and implement solutions that reduce
traffic congestion, improve parking availability, and help improve the quality of life for
new and existing businesses, and the residential community.
MBTMA's main effort so far has been the development and implementation of the
ELECTROWA VE Project, as evidenced by its last ten-month accomplishments, herein
attached. The organization has taken on a double role, as follows:
1. Through this proposed Resolution/Agreement at $50,000, MBTMA is the
provider of transportation management assistance (per 1997-98 Work
AGENDAITEM~
DATE~
I
Program, Exhibit A), to every business, employer, empJpyee, resident, visitor,
and tourist in the South and Middle Beach areas of Miami Beach, through
utilization of various Transportation Demand Management (TOM) strategies,
such as:
o Develop business community awareness of transportation issues and
TMA activities and services, disseminate information, education outreach;
o Research and development;
o Reduce drive-alone commuting among MBTMA-member employees,
developers, and b!Jsinesses by encouraging implementation of carpools,
van pools, and other TOM strategies;
o Provide ride-matching and other TOM services to members;
Advocate, support, participate, and help implement improvements and
enhancements to local and regional transportation services and facilities;
and
o Monitor, evaluate progress, adjust programs and services as necessary.
2. Through City Resolution/Agreement No. 97-22553, dated October 8, 1997,
MBTMA was hired as the City's Contract Manager for the entire
ELECTROWA VE Program, funded by the ELECTROWA VE Budget at $95,7"14.
MBTMA is required by the City and FOOT to established separate bank accounts and
provide separate monthly/annual reports for its TMA and ELECTROWA VE functions.
ANAL YSIS
MBTMA's effectiveness and commitment to its Work Program have been confirmed,
through the last three years, by both the FOOT and City project managers, who
evaluate the reports MBTMA is required to submit, on a monthly and yearly basis. A
copy of MBTMA's Annual Audit is also submitted to FOOT and City. Following is an
overview of the budget history {cash and in-kind} and its funding sources:
FUNDING SOURCES 1 ST YEAR 2ND YEAR 9 MONTHS 4 TH YEAR
Jan/Oec'95 Jan/Oec' 96 Jan/Sept'97 1997/98
FOOT * $ 75,000 $ 73,590 $ 45,420 $ 70,485
CITY $ 50,000 $ 50,000 $ 35,000 $ 50,000
MEMBERSHIP DUES $ 2,500 $ 2,000 $ 12,000 $ 12,000
IN-KINO/SPONSORSHIP* * $ 22.500 $ 58.385 $ 89 .400 $172.950
Yearly totals............ $150,000 $183,975 $196,820 $305,435
*
FOOT's contribution is tied to a decreasing percentage of the overall budget,
both cash and in-kind. In 1997-98 is 30% and in the next and subsequent
years it will be 25%.
,
* * In-Kind contributions to MBTMA, as detailed in the Operating Budget (Exhibit B),
include postage, 50% of cost of office space, telephone:Jpng distance and local,
and utilities/security/janitorial services provided by Colonial Bank, which houses
MBTMA; plus technical consulting, and professional/legal support servoces
received from MBTMA-member organizations.
Attached herein are the following MBTMA documents:
o 1997/98 Work Program (Exhibit A),
detailing mission and goals.
o 1997/98 Operating Budget (Exhibit B),
detailing salaries, operating, and Work Plan expenditures.
o 1997/98 ~udget Summary (Exhibit C),
detailing expenditures, income, and funding sources.
Funds are provided in the 1-997-98 Special Projects Budget for the City's $50,000
contribution toward the MBTMA Operating Budget.
CONCLUSION
The continued public-private partnership of City, FDOT, and local businesses to fund
and support TMA-type activities is beneficial to Miami Beach, since the City does need
help in achieving a balance between the traffic demands on the City roadway system,
the demands on off-street and on-street parking, and the quality of life for residents,
business owners and visitors alike.
Continued MBTMA activities will help ensure that new transportation demand
management (TDM) strategies, initiatives and programs, as well as the ELECTROWA VE
Project, are implemented and operated successfully.
JGP/H~
(tma97/98)
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
THIS AGREEMENT is made this 19th day of
November
, 1997 by and
between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
successors, legal representatives, and assigns, and the MBTMA (Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Final Acceptance:
"Final Acceptance" means notice from the City to the Consultant that
the Consultant's Services are complete, as same are set forth in Section
2 of this Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
Project
Coord i nator:
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination of Consultant Services as provided in Subsection 11 of this
Agreement.
Termination:
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 "Third Year 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 Special Projects Budget, to be use in furtherance of the v
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 PA YMENT/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.
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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 as available with the office of the City Clerk, shall be filed by
Consultant.
4.3
PROIECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project
Coordinator.
4.4
DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) months, commencing i/'
on October 1, 1997 and ending September 30, 1998. 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 afore stated 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 have commenced on October 1, 1997,
as the Consultant has been developing the Electric Shuttle Project for the City since the
execution of its second Agreement with the City, dated December 20, 1995. Consultant shall
adhere to the completion schedule as shall be determined by the City and Consultant.
A reasonable extension of time shall be granted in the event the work of the 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
com men cement.
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
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for approval prior to any work commencing. These certificates will be kept on file in the office
of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and
submitting all insurance certificates for their consultants.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B +" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Consultant specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required overage.
4.9.1 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 FI NAL ACCEPTANCE
When the Services have been completed, the Consultant shall so advise the City in
writing. Final Acceptance shall not constitute a waiver or abandonment of any rights or
remedies available to the City under any other Section of this Agreement.
4.11
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 del ivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services satisfactorily performed by the
Consultant prior the date of the Notice of Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant
and the City may reasonably withhold payments to the Consultant for the purposes of set-off
until such time as the exact amount of damages due the City from the Consultant is
determined.
4.11.2
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 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.
4.14 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.
The Consultant covenants that it presently has no interest and shall not acquire any
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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
1700 Convention Center Drive, DDHPS
Miami Beach, FL 33139
(305) 673-7193
-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. 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.
4.20 LIMITATION OF CITY'S L1ARI L1TY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of $50,000. Consultant hereby expresses its willingness to enter into this Agreement
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with Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $50,000, less the amount of all funds actually paid by the
City to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $50,000, which amount shall be reduced by the amount actually paid by
the City to Consultant pursuant to this Agreement, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon
the City by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the City's
liability as set forth in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: ~~ ~~~
City Clerk
By:
1/J
Mayor
FOR CONSULTANT:
MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION
ATTEST: ~;;
(c;23r~7af) . ~'/l-C
Corporate Seal
(b:\mbtma98.wpd)AJ
APPROVED AS TO
:~ ORM & lANGUAGE
& FOR EXECUTION
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~~ /Ib#J
EXHIBIT A
Miami Beach TMA
WORK PROGRAM
(October 1, 1997 - September 3D, 1998)
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. 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 1997 - Ongoing
2. Develop Business Community Awareness of Transportation Issues
and TMA Activities and Services by:
a. Serving as an information clearinghouse for area employers,
developers, property owners, and residents on local, state and
national transportation-related issues, programs and activities.
b. Publication of Quarterly Miami Beach TMA newsletter known as
The Decongestant 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 eVE;!nts, 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 1997 - 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.
c. Utilize available resources to initiate a comprehensive Tourist
Mobility Plan that includes the shuttle.
Time Frame: October 1997 - 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 TDM
strategies with potential for vehicle reduction at individual
employment sites.
c. Assisting members in initial implementation of TDM 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_recognize
and support successful commuting reduction participation.
Time Frame: October 1997 - 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 1997 - 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 1997 - 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 1997 - 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 TDMfTSM strategies for the area based
on study and survey results.
d. Implement TDMfTSM strategies as outlined above.
Time Frame: October 1997 - Ongoing
9. Assist Members in Responding to Current and Future Transportation
Issues by:
a. Providing information on transportation-related ordinances
(produce and distribute general information flyers, respond to
direct employer inquiries).
b. Advocating members' interests and views to regulatory bodies.
Time Frame: October 1997 - 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 1997 - 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, with second stage focus north of Dade Boulevard.
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.
Time Frame: October 1997 - Ongoing
12. Membership:
a. Formulate membership and funding structure.
b. Recruitment of additional private-sector members.
c. Develop community-based events to increase TMA participation
and membership, and visibility.
Time Frame: October 1997 - 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 ReAP review annually
Prepared: September 21,1997
Miami Beach
Transportation Management Association, Inc.
OPERATING BUDGET
__ .._ ._._._---.- ._n.'
(October 1, 1997 thru September 30, 1998)
EXPENDITURES
SALARIES:
Executive Director
Executive Assistant
Clerical Support
(20 hrs. wkly.)
(30 hrs. wkly.)
(20 hrs. wkly.)
$ 30,250
$ 23,463
$ 12,100
FRINGE BENEFITS: (@ 25%)
$ 16,453
TOTAL PAYROLL:
$ 82,266
OPER.\TING:
Annual Audit
Professional Development
Travel (LocaVOut of Area)
Office Supplies
Postage .
Rent (Office Space)
Telephone - Long Distance
Telephone - Local
Beeper
Utilities/Security/Janitorial Services
Officer/Director Liability Insurance
Technical Consulting
ProfessionallLegal Support
$ 3,000
$ 1,500
$ 3,500
$ 2,500
$ 5,000**
$ 24,000(**)
$ 2,000*
$ 1,200*
$ 350
$ 2,750*
$ 4,000
$ 19,403***
$ 20,000***
OPERATING TOTAL:
$ 89,203
*
Colonial Baak la-Kind
Aaticipated Ia-Kiod Services - Coloaial Baok
50% lo-Kiod - Coloolal Bank
lo-Kiod Services
**
(U)
***
EXHIBIT 8
WORK PLAN EXPENDITURES:
(Refer to 1997-1998 Work Plan)
2.a.
2.b.
2.e.
2.d.
2.e.
4.f. & 4.h.
5.a.
5.c.
7.b.
7.e.
8.e.
8.d.
12.b.
12.c.
WORK PLAN EXPENDITURE TOTAL:
EXPENDITURE SUMMARY
PAYROLL
OPERATING
WORK PLAN
TOTAL:
CONTINGENCY (10%):
TOTAL EXPENDITURES:
* Rounded out to second lowest dollar
$ 500
$ 3,680
$ 2,760
$ 20,000
$ 20,000
$ 15,000
$ 5,520
$ 920
$ 2,300
$ 11,960
$ 9,100
$ 2,500
$ 920
$ 11,040
$106,200
$ 82,266
$ 89,203
$106,200
$277,669
$ 27,766*
$305,435
EXHIBIT C
MIAMI BEACH
TRANSPORT A TION MANAGEMENT ASSOCIATION
1997/1998 BUDGET SUMMARY
EXPENDITURES:
PAYROLL:
$ 82,266
OPERATING:
$ 89,203
WORK PLAN:
$106,200
TOTAL:
$277,669
CONTINGENCY (10%):
$ 27,766*
EXPENDITURE TOTAL:
$305,435
INCOME & SOURCES:
CITY OF MIAMI BEACH
$ 50,000
MEMBERSHIP DUES
$ 12,000
IN-KIND
$172,950
FDOT (30% MATCH)
$ 70,485
INCOME/SOURCES TOTAL:
$305,435
* Rounded out to the second lowest dollar
Prepared: September 21,1997
Long Range Plan & Finance Committee