2000-24078 RESO
RESOLUTION NO. 2000-24078
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA), IN THE
AMOUNT OF $50,000, TO PROVIDE TRANSPORTATION DEMAND
MANAGEMENT (TDM) SERVICES TO MIAMI BEACH; AND FURTHER
AUTHORIZING A LUMP-SUM TRANSFER OF THE ABOVE MENTIONED
FUNDS TO MBTMA, UTILIZING FUNDS PROVIDED FOR THE PURPOSE
IN THE PARKING ENTERPRISE RESERVE FUND BUDGET.
WHEREAS, the Miami Beach Transportation Management Association (MBTMA) is a
public-private organization specifically established to develop, coordinate, and implement
transportation demand management (TDM) services to Miami Beach, meaning transit alternatives
to the private automobile; and
WHEREAS, since MBTMA's inception, the City has provided the "seed funding" needed
by the Association to perform the above-mentioned services, as specified in the Agreement; and
WHEREAS, MBTMA's partners in Fiscal Year 2000-01 are proposed to be the City,
contributing $50,000; the Florida Department of Transportation (FDOT) at $100,000; and
membership dues at $12,000; and
WHEREAS, the City wishes to provide for its annual lump-sum contribution, in
consideration for the services to be provided by MBTMA in the attached Professional Services
Agreement.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the attached
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 further authorize a lump-sum transfer of the above-mentioned funds
to MBTMA, as provided for the purpose in the Parking Enterprise Reserve Fund Budget,
PASSED AND APPROVED this the 13th day of
September
,2000.
ATTEST:
ttwt p([,t~
CITY CLERK
.~
APPROVED />S TO MAYOR
FORM & lANGUAGE
& FOR EXECUTION
F,\WOl<K\$TRA,^M~l.tA\WPES\MIITMAOI ,WPO
~ s;,-"2--'I~
. or".., at. '
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f1,us
COMMISSION MEMORANDUM NO, (;3' 1-0 0
TO:
Mayor Neisen 0, Kasdin and
Members of the City Commission
DATE: Septemher 13, 2000
FROM:
JorgeM,Gonzalez \~
City Manager O' 0
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE MIAMI BEACH
TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA), IN THE
AMOUNT OF $50,000, TO PROVIDE TRANSPORTATION DEMAND
MANAGEMENT (TDM) SERVICES TO MIAMI BEACH; AND, FURTHER
AUTHORIZING A LUMP-SUM TRANSFER OF THE ABOVE MENTIONED
FUNDS TO MBTMA, UTILIZING FUNDS PROVIDED FOR THE
PURPOSE IN THE PARKING ENTERPRISE RESERVE FUND BUDGET.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution,
ANALYSIS
Transportation Management Associations (TMAs) are public-private organizations, the purpose of
which is to introduce, create, coordinate, and implement transportation demand management (TOM)
initiatives, such as vanpools, carpools, local circulators 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 demands 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 1995
and was incorporated in October 1995 as an independent, non-profit 50 I [c] [4] 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 initiatives
as well as its operating budget. Attached hereto as Exhibit A is MBTMA's FY 1999-2000
Accomplishments Report.
MBTMA's main effort to date has been the Electrowave Service, which has successfully operated
in South Beach for over two and one-half years, carrying over 3 million riders, MBTMA is
presently educating the major Miami Beach area employers about alternative programs for employee
commuting, such as vanpools/carpools, shuttle service, emergency ride home, and park-and-ride.
AGENDA ITEM ~~~
DATE <1-13-00
September 13, 2000
Commission Memorandum
MBTMA Operating Budget
Page 2
The City has maintained two professional services agreements with MBTMA for the performance
of two separate but related functions, which in the long run, benefit the City and the Miami Beach
community:
I, The MBTMA Agreement, this agenda item, contributes $50,000 in "seed" funding to help
sustain MBTMA operations, in partnership with the Florida Department of Transportation
(FDOT), which contributes up to $100,000, The City's contribution provides the "seed"
funding needed by MBTMA to function as a public-private organization, since the
FDOT funds are received in monthly installments, after a report/invoice is submitted to
FDOT by MBTMA,
2, The Electrowave-Related Agreement, a subsequent item on this same City Commission
Agenda, hires MBTMA to provide contract management and overall administrative services
for the Electrowave Project per se, using funds allocated for the purpose in the annual shuttle
budget, at $99,250, Further explanation is provided with the specific Agenda item,
MBTMA's effectiveness and commitment to a Work Program has been confirmed by FDOT and City
staff who evaluate the monthly reports, as well as the annual audit which MBTMA is required to
submit. The 2000-01 Work Program (scope of services) which focuses on transportation demand
management issues, other than the Electrowave, is attached hereto as an exhibit to the proposed
Agreement with MBTMA. Following is an overview ofMBTMA's funding sources, both cash and
in kind, including the proposed 2000-0 I figures:
Funding sources/previous years: 9 Months
Funding Sources JanlDec'95 J anIDec'96 J anlSept'97 1997-98 1998-99 1999-2000
FDOT $ 75,000 $ 73,590 $ 45,420 $ 70,485 $ 75,000 $ 75,000
CITY 50,000 50,000 35,000 50,000 50,000 50,000
Membership dues 2.500 2000 12,000 12,000 12,000 10,000
Cash Totals ........,...... $127,500 $125,590 $ 94,420 $132,485 $137,000 $135,000
Plus:
In-Kind/Sponsorship $ 22,500 $ 53,385 $ 89,400 $172,950 $113,000 $ 99,600
Proposed funding sources for FY 2000-01:
FDOT $100,000
CITY 50,000
Membership dues 12,000
Cash Totals $162,000 plus In-Kind/Sponsorship at $38,000 ....
w The in-kind/sponsorship services come from the Colonial Bank on 41st Street at Pine Tree
Drive, which provides office space, certain office equipment, and telephone to MBTMA.
September 13, 2000
Commission Memorandum
MBTMA Operating Budget
Page 3
Funds for the City's $50,000 annual contribution to MBTMA are provided by the Parking Enterprise
Reserve Fund, Attached herein are the following MBTMA-provided documents:
FY 1999-00 Accomplishments Report (Exhibit A to this Commission Memorandum)
FY 2000-01 Work Program detailing mission and goals (Exhibit A to the Agreement)
Miami Beach needs to achieve a balance between vehicular traffic demands on the limited roadway
system and parking availability, and the demands for a better quality of life for residents, business
owners, and visitors, Continued MBTMA activities will help ensure that other innovative
transportation demand management (TDM) strategies, initiatives and programs recommended by the
Miami Beach Municipal Mobility Plan are implemented and operated as successfully and effectively
as the Electrowave Service has been,
Attachments
JG~AJrt/r
F:\WORK~TR^,^MEL1A\LOPESIMBTM^OI,WPD
AUC-16-a0 11:41 AM
P,l!l2
EXHIBIT A
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSN., INC.
ACCOMPL.ISHMENTS
(October 1, 1999 - September 30, 2000)
. Held special "Transportation Days" to promote and encourage alternative
transportation options (cerpooling. vanpooling, transit, shuttle, park & ride and
the Emergency Ride Home program at:
Loews Miami Beach Hotel Health Fair
Miami Beach Chamber of Commerce Business Expo
. Coordinated special park & ride shutlle programs that required extensive
planning, scheduling, preparation and coordination for:
City of Miami Beach "New Year's Eve Millennium Shuttle Service'
Greater Miami Chamber of Commerce Goals Conference Shuttle Service
· Attended "FTA Regulations" workshop at the Center for Urban Transportation
Research at the University of South Florida in Tampa,
· Attended quarter1y regional TMA Director's meetings
. Presented City of Miami Beach Mayor and Commission with EPA's 'Way To Go' .
Award on behalf of the MBTMA
. Attended monthly City of Miami Beach Transportation & Parking Committee
meetings in which various topics were discussed. Topics Includad Municipal
Mobility Plan, Concurrency Management, Intermodal Facility Study, and
increasing parking rates as operating ravenue for the shuttle system
. Met with representative of Van Pool Services Inc, regarding commuter van pool
services and Miami Dade County subsidy.
. Attended scheduled regional Clean Cities Board Meetings
. Served as transportation advisor to several City appointed committee. in which
traffic and mobility issues were of major concern regarding future development
. Worked with City of Miami Beach Planning staff on development of
Transportation Concurrency Management Areas in South Beach, Middle Beach,
and North Beach - and the role of the MBTMA in this development
AUG-1G-00 11:41 AM
p,e~
· Worked with Florida Dept. of Transportation staff on tha traffic and
transportation impact of the upcoming construction on Collins Avenue
· Worked with and advised EV Ready Sroward leaders on MBTMA's role in
operating and managing an electric shuttle system.
· Attendad sevaral meetings related to Mt. Sinai's effort toward the davelopment
of an Intermodal Center.
· Prepared monthly project documentation for the Florida Department of
Transportation,
· Attended City Commission meetings to address transportation agenda ilems
before the Commission.
· Met with owners/managers of hotels and businesses along Collins Avenue to
address commuting needs of employees.
· Conducted Bi-Monthly Board Meetings of MBTMA Board of Directors.
· Reviewed bus shelters In South Beach area and possible improvements and
enhancements,
· Researched available transportation services through Miami Dade Transit in
response to transportation needs of residents Impacted by the closure of a local
market chain. Made presentation before City Commission concerning findings
and recommendations.
· Received over $80,000 in donated services including office and meeting space,
equipment, advertising, and legal/professional services,
· Executive Director elected to Board of Directors for the Southeastern
Association for Commuter Transportation, Also appointed to Miami-Dade
County - MPO special circulator st,udy committee, and elected to the Board of
Directors for the Clean Cities Coalition (serving Dade, Broward and Palm Beach
Counties). ,
. .
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THE
MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA)
THIS AGREEMENT is made this 11/'1.. day of Sfkn6ey ,2000 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.
Proj ect
Coordinator:
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:
Termination of Consultant Services as provided in Subsection 4.1 0 of this
Agreement.
Task:
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized,
SECTION 2
SCOPE OF WORK AND SERVICES REOUlRED
The scope of work and services to be performed by the Consultant is set forth in Exhibit
"A," entitled "FY 2000-01 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
00/1 00 Dollars ($50,000), from the Parking Enterprise Fund, to be used in furtherance of the
Services to be performed herein, such Services as set forth in Exhibit" A" hereto, All funds issued
by the City to Consultant shall be placed by Consultant in an account designated solely and
exclusively for the operation and administration of the MBTMA,
3.2
METHOD OF PAYMENT/REPORTING
One lump-sum payment shall be made to the Consultant at the time of execution of this
Agreement, Consultant shall be required to submit monthly reports or other submissions which
detail the Consultant's work performed each month, as set forth in Exhibit "A", An annual audit is
also required,
All submissions shall contain a statement that the items set forth therein are true and correct
and in accordance with the Agreement.
SECTION 4
GENERAL PROVISIONS
4.1
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degree of
skill, care, efficiency and diligence normally exercised by recognized professionals with respect to
the performance of comparable Services, In its performance of the Services, the Consultant shall
comply with all applicable laws and ordinances, including but not limited to, applicable regulations
of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines,
-2-
4,2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.l33(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
4.3
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.
4.4
DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) months, commencing on
October 1,2000, and ending September 30,2001. Funding for any additional term(s) shall be
approved by the City and be contingent upon a favorable evaluation of the MBTMA by the City and
the Florida Department of Transportation, Notwithstanding the aforestated language, however, the
City shall have no future obligation to renew this Agreement beyond the twelve-month term set forth
herein,
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant will commence on October 1, 2000, and
follow the continuation of the services that the Consultant has been developing and implementing
transportation demand management initiatives, projects, and programs for the City, since the
execution of its first Agreement with the City, effective January 1, 1995, Consultant shall adhere
to a completion schedule, if so determined by the City and Consultant.
A reasonable extension of time shall be granted in the event the work of the Consultant is
delayed or prevented by the City or by any circumstances beyond the reasonable control of the
Consultant, including weather conditions or acts of God which render performance of the
Consultant's duties impracticable,
4.6
OWNERSHIP OF DOCUMENTS AND EOUlPMENT
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,
4.7
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,
-3-
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,
4.8
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 ofthe work the following insurance:
1. Consultant General Liability in the amount of $1,000,000,00, A certified
copy of the Consultant's (and any sub-consultants') Insurance Policy must be
filed and approved by the Risk Manager prior to commencement.
2, Workers Compensation & Employers Liability as required pursuant to
Florida statute,
Thirty (30) days written notice of cancellation or substantial modification in the insurance
coverage must be given to the City's Risk Manager by the Consultant and its 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 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.
-4-
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,
4.8.1 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,
4.8.2 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,
4.9
FINAL ACCEPTANCE
When the Services have been completed, the Consultant shall so advise the City in writing,
Final Acceptance shall not constitute a waiver or abandonment of any rights or remedies available
to the City under any other Section of this Agreement.
4.10 TERMINATION. SUSPENSION AND SANCTIONS
4.10.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant shall fail
to fulfill in a timely manner, or otherwise violate any of the covenants, 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 remains uncured after (10) days, the City, upon
seven (7) days notice to Consultant, may terminate this Agreement,
In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly delivered to the City and the City shall compensate the Consultant
in accordance with Section 3 for all Services satisfactorily performed by the Consultant prior the date
of the Notice of Termination, Notwithstanding the above, the Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of the Agreement by
the Consultant and the City may reasonably withhold payments to the Consultant for the purposes
of set-off until such time as the exact amount of damages due the City from the Consultant is
determined,
-5-
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 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.
4.10.3 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 4,10,2,
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions ofthis
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 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,
4.11
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,
-6-
4.12
SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's services, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of 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.
4.13
EOUAL 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,
4,14
CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict ofInterest 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 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,
4.15
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,
-7-
4.16 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 ofthe 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
30 I 41 st Street, 5th Floor
Miami Beach, Florida 33140
(305) 535-9160
TO CITY:
City of Miami Beach
Attn: Matthew Schwartz, Assistant City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7000, Ext. 6606
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H, Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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.
-8-
4.17 LITIGATION JURISDlCTIONNENUE
This Agreement shall be enforceable in 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 Dade County, Florida,
4.18 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,
4.19 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only ifin so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $50,000,
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$50,000, less the amount of all funds actually paid by the City to Consultant pursuant to this
Agreement.
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,
-9-
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:
ATTEST:
By:
tU~
City Clerk
FOR CONSULTANT:
ATTEST:
(a:\tmaOO-Ol)aj
CITY OF MIAMI BEACH, FLORIDA
By:
1/11
Mayor
MIAMI BEACH TRANSPORTATION
MANAGEMENT ASSOCIATION
Corporate Seal
APPROVED AS TO
FOR.4A & LANGUAGE
& FOR EXECUTION
2-J.--y-lll
Dato
-10-
.
SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a),
FI"ORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAl.
AUTHORIZED TO ADMINISTER OATHS,
I, This sworn statement is submitted to
by
(print individual's name and title)
for
(print name of entity submining sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN,
statement:(
include the
.J
Social
Security Number of the
individual
signing this sworn
2. I understand that a "public entity crime" as defined in Paragraph 281.133(1)(g), Florida St.lulrs. means a violation of any state or
federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or
political subdivision afany other state or ofthc United States. including. but not limited to, any bid or contract for goods or services to
be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida St.tutes. means a finding of guilt or a
conviction ofa public entity crime. with or without an adjudication of guilt, in any federal or state trial court of record relating to charges
brought by indictment or jnfonnation after July I, 1989, as a result ofajury verdict, non.jury trial, or entry ofa plea of guilty or nolo
contendere,
4, I understand that an "affiliate" as defined in Paragraph 287, 133(I)(a), Florid. St.tutes. means:
I. A predecessor or successor ofa person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a publ ic
entity crime. The tenn "affiliate" includes those officer, directors. executiv~s, partners, shareholders, employees, members, and agents
who are active in the management of an affiliate. The ownership by one pcrson of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be
a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
s. I understand that a "person" as defined in Paragraph 287, 133(I)(e), Florid. St.tutes. means any natural person or entity organized under
the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with
a public entity. the tenn "person" includes those officers, directors, executives. partners, shareholders, employees. members, and agents
who are active in management of an entity,
6, Based on infonnation and belief, the statement which I have marked is true in relation to the entity submitting this sworn statement
(indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July I. t 989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners. shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted ofa public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders.
employees members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer detennined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (.tt.th. tOpy of the final order)
EXHIBIT A
Miami Beach TMA
2000-2001 Annual Work Plan
Purpose:
The purpose of the 2000-2001 Miami Beach Transportation Management Association,
Inc. (MBTMA) Work Plan is to:
1, Identify transportation and parking problems and proposed solutions based upon
transportation demand management principles.
2. Plan and implement programs aimed at improving local traffic and parking
conditions, encouraging and assisting positive actions by others in both the
private and public sectors.
3. Undertake work in a manner that contributes to the area's economic and
community development while being extremely sensitive to environmental
concerns and the integrity of the historic Art Deco District.
4. Describe the process that will be used to achieve them, and
5. Establish how progress will be measured.
Goals
The goals of the Miami Beach TMA are:
1. Implement Transportation Demand Management (TOM) programs
2. Keep Miami Beach businesses informed of transportation issues/projects that
will affect their business.
3, Promote the use of alternative transportation such as transit, local shuttle
service, carpools, vanpools, and bikeways.
,
Geographical Boundaries (Service Area)
The geographic service area of the MBTMA is the area south of 85th Street, bordered
by Biscayne Bay, Government Cut and the Atlantic Ocean, located in the City of Miami
Beach, Dade County, Florida.
Timeframe
The 2000-2001 Work Plan will be implemented between February 1, 2000 and January
31,2001.
Institutional Structure
The MBTMA is a non-regulatory environment, a private, non-profit, 501.c.6
Association, governed by a Board of Directors. Responsibilities of the Board include:
policy-making and planning, identifying and evaluating professional management staff,
stewardship of the Association's finances including compliance with reporting
requirements, Board development and fund-raising. In addition, they develop short and
long range plans of the Association. The Board meets six times yearly (every two
months) to evaluate the viability, and effectiveness of the MBTMA program activities
and effectiveness.
The Board most effectively fullfil Is its stewardship responsibility by establishing
financial and management standards, delegating authority to MBTMA staff, monitoring
the TMA's progress, financial performance and compliance with the established
financial and management standards. Financial audits are conducted on an annual
basis as required by the FOOT and the City of Miami Beach.
The Board of Directors is represented by 13 members of community organizations,
businesses and citizen groups. In addition, the Florida Department of Transportation,
the Metropolitan Planning Organization, Commuter Services of South Florida, and
Miami Dade Transit serve as Ex-Officio members. .
The MBTMA is staffed by a salaried, full-time, Executive Director, who serves as the
chief operating officer and administrative officer, subject to the direction of the Board.
In addition to the Executive Director the MBTMA employees a full time Transportation
Coordinator, and full-time Executive Assistant.
MBTMA staff work closely with the City of Miami Beach Transportation Coordinator
and the City of Miami Beach Parking Department. In addition, staff are involved on
several local, state and national committies and boards related to the MBTMA's goals
.
and objectives. Also, TMA staff make every effort to attend national, state, and
regional workshops that relate to TMA issues.
Actions Performance Benchmark! Source Targets Contributing
Measures Results Factors
Maintain Effective TMA Board Meetings 6 Meetings MBTMA
Organizational
Structure
Maintain Financial MBTMA
Structure
Implement Work Monthly
Plan Reports MBTMA
Implement Community Employer Contacts 300 minimum MBTMA Employers Employer
Awareness of a. Letter Outreach
Transportation Issues b, Telephone
& TMA Activities c, Meeting
d. Fax
Quarterly 4 issues MBTMA TMA Ser-
Newsletter vice Area
Transportation 4 workshops! MBTMA Employers! Transportatio
DayslWorkshops community Community n Days
exhibits Events
Research & Evaluate MBTMA TMA
Development expansion of Service
shuttle route Area
Evaluate role of
TMAin
development of
City's Municipal
Mobility Plan &
Concurrency .
Mgmt.
Assist with van pooling Vans in Service Two MBTMA Employers
development
Reduce Parking Parking spaces 5,000 spaces MBTMA City Parking
Demands saved - needs Facilities
reduced
Reduce Traffic Vehicle miles 500,000 MBTMA South
Congestion reduced commuter Beach Area
miles
Commuter Costs $.29!per mile Based on MBTMA South
Saved commuter Beach Area
miles reduced
Required Performance Measures
Pollutant Reductions 2000 EPA Formula Based on MBTMA South
commuter Beach Area
miles reduced
Actions Performance Benchmark! Source Targets Contributing
Measures Results Factors
Advocate & Support Business N/A MBTMA TMA
Local Roadway & Awareness Service
Traffic Improvements I Area
Enhancements
Increase Participation Participating Increased MBTMA
in MBTMA employers & Board &
businesses Membership
Participation
c: \,.. \fdotbud2. wpd
.