96-22017 RESO
RESOLUTION NO. 96-22017
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A TWO-YEAR JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE SOUTH BEACH ELECTRIC SHUTTLE DEMONSTRATION SERVICE
PROJECT - THE ELECTRIC WAVE; COMPLETING THE TWO-YEAR, $3.51
MILLION FUNDING PACKAGE REQUIRED BY THE JPA, BY ALLOCATING
PROCEEDS FROM THE CITY'S RESORT TAX COLLECTIONS TO FUND BOTH
THE ANNUAL $650,000 FOR OPERATING PURPOSES, IN FISCAL YEARS
1996-97 AND 1997-98, RESPECTIVELY, AND THE ONE-TIME CONTRIBUTION
OF $510,000, IN FY 1996-97, AS THE CITY'S CAPITAL INVESTMENT IN THE
PROJECT; AND, FURTHER, INSTRUCTING THAT THE ABOVE ALLOCATIONS
TO THE ELECTRIC WAVE PROJECT BE SPECIFICALLY DESIGNATED IN THE
CITY'S RESORT TAX SCHEDULE.
WHEREAS, the Mayor and City Commission, by Resolution No. 96-21894 dated
February 20, 1996, endorsed the Miami Beach Electric Shuttle Demonstration Program - the
Electric Wave - and indicated intent to allocate funds each year, up to $650,000 a year, for
project operating purposes; and
WHEREAS, this $650,000/year needs to be allocated in the Resort Tax Schedule for
at least FYs 1996-97 and 1997-98, respectively; and
WHEREAS, the Florida Department of Transportation (FOOT) has agreed to enter into
the attached Joint Participation Agreement (JPA) with the City, for a two-year period,
allocating $1.3 million in State funds for the implementation and/or operation of the Electric
Wave in South Beach; and
WHEREAS, FOOT and the Metropolitan Planning Organization (MPO) require that the
entire $3.51 million, two-year project budget - herein attached for permanent record - be
identified and appropriated, before the execution of the JPA; and
WHEREAS, in order to complete the two-year project budget of $3.51 million, a one-
time capital contribution of $510,000 to the Electric Wave Program also needs to be approved
and appropriated in the Resort Tax Schedule for FY 1996-97.
NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to
execute the attached JPA, as a two-year funding agreement between the City of Miami Beach
and the Florida Department of Transportation for the Electric Wave project; that the City hereby
allocate $650,000 a year in FYs 1996-97 and 1997-98, respectively, for operating purposes,
plus a one-time capital contribution of $510,000 in FY 1996-97, using proceeds of the City's
Resort Tax Collections; and, further, instructs that the above allocations be specifically
designated in the Eight-Year Resort Tax Schedule,
PASSED AND ADOPTED this
ATTEST:
5
. (? (J.-t..-t~
CITY CLERK
-0~ A L~^--Jj,--,
OR
FORM APPROVED
LEGAL DEPT
3y dJLIirJML-
Date ~ 6/11/.16
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. ~f)~
Mayor Seymour Gelber and
Members of the City Commission
DATE: June 19, 1996
Jose Garcia-Pedrosa
City Manager
'p
RESOLUT:ION_ OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A TWO-YEAR JOINT
PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION FOR THE IMPLEMENTATION OF THE SOUTH
BEACH ELECTRIC SHUTTLE DEMONSTRATION SERVICE PROJECT -
THE ELECTRIC WAVE; COMPLETING THE TWO-YEAR, $3.51 MILLION
FUNDING PACKAGE REQUIRED BY THE JPA, BY ALLOCATING
PROCEEDS FROM THE CITY'S RESORT TAX COLLECTIONS TO FUND
BOTH THE ANNUAL $650,000 FOR OPERATING PURPOSES, IN FISCAL
YEARS 1996-97 AND 1997-98, RESPECTIVELY, AND THE ONE-TIME
CASH CONTRIBUTION OF $510,000 IN FY 1996-97, AS THE CITY'S
CAPITAL INVESTMENT IN THE PROJECT; AND, FURTHER,
INSTRUCTING THAT THE ABOVE MENTIONED CITY CONTRIBUTIONS
TO THE ELECTRIC WAVE PROJECT BE SPECIFICALLY DESIGNATED IN
THE CITY'S RESORT TAX SCHEDULE.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
The City and the Miami Beach Transportation Managemert Association (MBTMA) have
actively sought grant funds from various sources for the implementation and operation
of the South Beach Electric Shuttle Project - named the Electric Wave. The Florida
Department of Transportation (FDOT) has earmarked $1.3 million in State funds
toward the required two-year budget, which totals $3.51 million. Attached herein is
the two-year Joint Participation Agreement (JPA) between the City and FDOT, which
must be executed no later than June 19, 1996, to effect the transfer of the first
$650,000 (FY 1995-96) in State funds. The attached City Commission Resolution
No. 96-21894, dated February 20, 1996, which pledged $650,000 a year toward
operating costs, needs to be formalized at this meeting, at least for the: initial two-year
period, at $1.3 million total. An additional funding request (*) follows (Pages 2-3).
AGENDA ITEM Q.. 1 8
DATE "-(Q-9&
ANAL YSIS
The Florida Department of Transportation and the Dade County Metropolitan Planning
Organization (MPO) require that the JPA with the City contain a Project Budget which
identifies sufficient, allocated funds to cover the costs of the Electric Wave project
capital implementation, and the first two years of operations - a total of $3.51
million. The elements of the Project Budget contained in the JPA are as follows:
I. PROJECT COST:
Capital Acquisition (6 vehicles)
Operating Expenses
Marketing
Administration
Contingency
Total Project Cost:
$1,214,243
$1,796,580
$ 70,000
$ 102,492
$ 326,685
$3,510,000
II. PROJECT PARTICIPATION (Funding Sources):
CITY: Cash-CMB (Attached Resolution)
Cash-CMB (Attached Resolution)
(Resort Tax Fund), plus
Cash-one time capital contribution
(Resort Tax Fund)
FOOT: Transit Corridor Development
Service Development
FLORIDA POWER & LIGHT:
Charging unit-donation
Technical assistance -donation
CLEAN CITIES COALITION:
Total Project Budget:
$ 650,000 (FY 1996-97)
$ 650,000 (FY 1997-98)
$ 510,000 (FY 1996-97) (*)
$ 650,000 (FY 1995-96) *
$ 650,000 (FY 1996-97) *
$ 150,000 (FY 1996-97)
$ 50,000 (FY 1996-97)
$ 200,000 (FY 1995-96) *
$3,510,000
* Both the State of Florida and Dade County's Fiscal Year is July 1-June 30.
The Administration recommends the prompt allocation of 51.57% of the two-year,
$3.51 million funding package, using proceeds of the City's Resort Tax Collections,
2
as follows:
*
AT LEAST TWO YEARS IN OPERATING FUNDS, or $1.3 million: Two
installments of $650,000 each in FYs 1996-97 and 1997-98 (37.04%),
thereby formalizing the City Commission pledge made by Resolution No. 96-
21894, herein attached; and
*
A ONE TIME CASH CONTRIBUTION of $510,000 for capital acquisitions in FY
1996-97 (14.53%).
PLEASE NOTE that:
The City's one-time contribution amount has been diminished from the original
$710,000 to the present $510,000, due to the June 3, 1996 confirmation of a
$200,000 grant award by the Gold Coast Clean Cities Coal,ition for FY 1995-96.
The City contribution of $510,000 may be further diminished to $310,000, if both a
$50,000 FDEP Pollution Recovery Fund grant is confirmed in July 1996, and a
$150,000 State Energy Grant is awarded, in August or September, 1996.
A strong initial commitment by the City of Miami Beach to the Electric Wave project
sends the right message to the various funding agencies - that the City is serious
about implementing a transportation solution for the crowded South Beach area.
A successful park-and-ride/circulator/alternate fuel program will be a magnet for future
Federal, State, County, and local grants. The highly awarded, similar program in
Chattanooga, Tennessee, is an example.
Soon, the City will apply for third-year operating and/or capital funds. Also, a $1.2
million request for Federal Transit Administration Section 3 capital funds, made by the
City Manager before the U.S. House Appropriations Sub-Committee on Transpor
tation in March 1996, is presently being considered for earmark.
Also, this project meets unanimous approval of the City's Transportation and Parking
Committee, the MBTMA Board of Directors, the Miami Beach Chamber of Commerce,
all the District Associations, and the Miami Beach Development Corporation.
CONCLUSION
The City and MBTMA, in cooperation with the Florida Department of Transportation,
have worked together for the past 1 2 months to develop the Electric Wave project.
The financial support of the project by State/County and other alternate-fuel-promoter
3
organizations, as well as the private sector, reinforce the importance of this project.
The Electric Wave service will link under-utilized City parking facilities and create a
park-and-ride program which will help alleviate the congestion and parking problems
of, and improve mobility in South Beach.
The City Commission must allocate, at this meeting, the $1.3 million in operating
funds (as intended by previous Resolution No. 962184) as well as the one-time
$510,000 capital contribution still outstanding.
These allocations will enable the City to do the following:
1. Execute the attached JPA with FOOT, totalling $3.51 million; and
2. Assure the allocation of the $1.3 million contribution from FDOT, half of which
would otherwise be lost on June 30, 1996, the end of FDOT's 1995-96 fiscal
year; and
3. Implement the Electric Wave service for the 1997 season.
Attachments:
Enabling Resolution
Joint Participation Agreement
Resolution No. 962184, dated 2/20/96
AJ
.4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FORM~
PUBUC TRANSP ADMIN
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Page 1 of 11
WPI No: 6R10141
Fund: 010
Function: 631
Federal No: n/~
Contract No: AD 666
Job No: R709R-1R41I1R44
SAMAS Approp: ORH774
SAMAS Obj.: 790004
Org. Code: 'i'i00202oo7.9
Vendor No.: F59600017200'i
THIS AGREEMENT, made and entered into this
tL
'l() day of
rJuw.
19 'I"
,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and th~ City of Minmi Rf'.3ch, Floridn
1700 Convf'ntion Cf'ntf'r Orivf', Minmi Rf'Jlch, FL :BB9
hereinafter referred to as the Agency.
WIT N ESE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under
141 041, Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide funding to purchase and operate six electric
shuttle buses to ameliorate traffic congestion in the South Beach area of Miami Beach.
and as further described in Exhibit(s) A, H, r attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will
be undertaken and completed.
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2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. .
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including
federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in
Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $}.5] 0,000 This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency
agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the
project in the amount of $L300,000 as detailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date
of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end fundingiisT(is not) applicable. If applicable, the Department may initially pay
100% of the total alIowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph
4.00.
5.00 Retainage: Retainageiisr(is not) applicable. If applicable, _ nla percent of the Department's
total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion,
on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shalI be prepared by the Agency and approved by the Department. The
Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project
funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective
unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the
Department Comptroller.
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6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project
or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs
incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local
Governments" , separate accounts to be maintained within its existing accounting system or establish independent accounts. Such
accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made
available to the Department upon request any time during the period of the Agreement and for five years after final payment
is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments
received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise
received on account of the project, which Department payments and other funds are herein collectively referred to as "project
funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of
the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by
the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the
security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed
by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file
in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be
clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which the project
account remains open, two audit reports prepared either by its official auditor or audit agency or an independent certified public
accountant, reflecting the use of the funds of the Department, the Agency, and those from any other source with respect to the
project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the
"Standards for Audit of Governmental Organizations, Programs, Activities and Functions", issued by the U. S. General
Accounting Office and OMB Circulares A-128 or A-133 where applicable. The Agency shall require its auditors to include
in their report a schedule of project assistance as described in Exhibit" A", Special Considerations.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,
the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost
equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
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Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of
Transportation, District ~ Public Transportation Office, 602 South Miami Avenue, MIAMI, Florida, 11nO-1016 its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in
paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property together
with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules
and procedures required by any federal oversight agency and with all state laws, rules and procedures
that may apply to the Agency acquiring the real property.
8.20 The Department1s Obligations: Subject to other provisions hereof, the Department will honor such requisitions
in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing
not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished
therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Connict of Interests: There has been any violation of the contlict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to
the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination
of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
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incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved
budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have
not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for
work or services done under any public transportation joint participation agreement which it has with the Agency owing such
amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall
not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the
project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible,
impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this
Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the
Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination
or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be,
project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs
upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts,
and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such
portion of the financing and any advance payment previously received as is determined by the Department to be due
under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest
schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the
Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The
approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not
constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or
Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency
shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds,
including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with
respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause
for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right
to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same.
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U.20 Compliance with Consultants. Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287,
Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the
Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in
49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23,
as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business
Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their
contractors shall not discriminate on the basis ofrace, color, national origin or sex in the award and performance of
Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The
Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the
following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project
work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252),
the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et
seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex,
disability and familial status.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal
government issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
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contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the
project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present
member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or
arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following
provision:
II No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest,
direct or indirect, in this contract or the proceeds thereof. II
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing
of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with
applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for
any loss incurred in connection there wi th.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall
exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance
with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided,
that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department
in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that
the Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The
Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities
FORM~
PUBUC TRANSP ADMIN
OOC . 02196
Page 8 or 11
or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CPR Part 18 relating to property management standards. The Agency agrees to remit
to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional
amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this
Agreement.
14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any
nature whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or its subcontractors, agents
or employees or due to any negligent act, or occurrence of omission or commission of the Agency, its subcontractors, agents
or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents
or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes
or any similar provision of law.
Agency's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and
associate with the Department in the defense and trial of any damage claim suit and any related settlement negotiations, shall
be triggered by the Department's notice of claim for indemnification to Agency. Agency's inability to evaluate liability or its
evaluation of liability shall not excuse Agency's duty to defend and indemnify within seven days after such notice by the
Department is given by registered mail. Only and adjudication or judgment after highest appeal is exhausted specifically finding
the Department negligent shall excuse performance of this provision by Agency. Agency shall pay all costs and fees related
to this obligation and its enforcement by the Department.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the
constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and
specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written
approval with any approved portions of the project and comments or recommendations concerning any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility,
that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of
more than one year, the provisions of Chapter 339 .135(6)(a), Florida Statutes, are hereby incorporated:
"(a) 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
FORM~
PUBUC TRANSP ADMIN
OOC - 02/96
Page 9 of 11
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 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 1 year, but any contract so 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 25,000 dollars and which have a term for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
Jnnf> ]0, lQQ~ . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary,
District Six . Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after
the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf
of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(inclucting subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.
FORM~
PUBUC TRANSP ADMIN
OOC - 02196
Page 10 of 11
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice
amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined
by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which
have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-
848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list. "
FORM~
PUBLIC TRANSP ADMIN
OOC-02J96
Page 11 or 11
WPI NO. nRlm41
JOB NO. R709R-'1R41I1R44
Contract No. An nnn
Agreement Date
h~/*,
,
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
DA TE FUNDING APPROVED BY COMPTROLLER
A TT ACHED ENCUMBRANCE FORM)
,..--;
!-
BY:
ANSPORTATION
Director, PllInnine & Proeram~, Di~trict Six
TITLE
EC/mbshutl
fORM Ah h\.,.
LEGAL DEPT.
By L1J 1:f!~-
6/.s/~.6
RECYCLED PAPER @
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 12/94
RUSH (Needed by
Reason for RUSH :
Advertise (Letting
Letter of Authorization x
____Supplemental CorrectIon
_1_1____ (date))
Date)
New
Award Renewal
Court Order Overrun
Addition Termination Agmt.
Contract # AD666Contract Type _AH Method of Procurement G
Vendor Name CITY OF MIAMI BEACH Vendor ID F596000372005
Has Written/Verba1 Approval from a Participating Federal Agency
been received NA yES No
Fed Agmt Amt$ State Funds $l,300,OOOLocal Funds$650,OOO
Beginning date-of this Agmt: 06/30/96(Must be after fund approval)
Ending date of this Agmt: 06/30/98(Estimate if necessary)
Execution date of this Agmt: 06/12/96(Only on original agreements)
Has work been authorized to begin? Yes X No
Have standard financial provisions been altered by contract terms?
Yes X No If so, show Revision date:
Does thIs-agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes X No
****************************************************************
Brief description of work: Purchase of six electric shuttle buses
for demonstration project on Miami Beach.
+Multi-Year JPA+++
*****************************************************************
ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/pH *FCT
(PROGRAM#) (WPI # ) (FUND) numeric
( FY's ) To be completed if funded in 2 or more fiscal years.
=================================================================
55 062020629 *11 * 790004 * _$650,000 *87098/3841/50 * 656
(2001 ) (6810341 ) (010
( 95-96)
55 062020629 * 11 * 790004 * $650,000
( 2010) (
*87098/3844/50* 656
6810341 ) ( 010)
( 96-97)
55
*
*
*
*
*
TOTAL AMOUNT *
$1,300,000
*
Originator: ED CARSON Date: 05/14/96
E-mail user-ID PT629EC
******************************************************************
Phone 452-5911
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5590 CATEGORY 088774-96
WORK ORDER BALANCE _AUTH. ON 5/7/96~750,OOO.OO
ALLOTMENT AB=l,585,898.00EAR 96 DATE CHECKED 5/16/96
FUNDS APPROVED BY PHILLIP PRYOR
FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: 5/16/96
******************************************************************
WPI NO. nR 1 0141
JOB NO. R709R-1R41/1R44
CONTRACT NO. AD nnn
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSmILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida Department of Transportation and _the City of Miami Rp.a('h
1700 Convp.ntion Cp.ntp.r Drivp., Miami Rp.a('h, Florida 33139
dated 11/'" 111/(,
,
PROJECT LOCATION:
City of Miami Beach, Dade County, Florida
PROJECT DESCRIPTION:
Provide funding to purchase and operate six electric shuttle buses to ameliorate traffic
congestion in the South Beach area of Miami Beach.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, WPI number and Job number and
the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding action
from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
June 1995
WPI NO. hR 1 0141
JOB NO. R70QR-1R41/1R44
CONTRACT NO._AO hhh
EXHffiIT "B"
PROJECT BUDGET
This exhibit forms an integnil part of that certain Joint Participation Agreement between
the State of Florida Department of Transportation and the City of Miami Refl"h
1700 Convention Cpnter Drive, Miami Rearh, Florida 33139
dated ~/Z#/fl1 .
., .
I. PROJECT COST: Two Vpar Capital Investment and Operating Budget
Capital Acquisition (6 Electric Vehicles)
Operating Expenses
Marketing
Administration
Contingency
TOTAL PROJECT COST:
$1,214,243
$1,796,580
$ 60,000
$ 102,492
$ 336,685
$3,t;10,000
II. PARTICIPATION:
Agency Participation
Cash-CMB Res. #96-21894(Annual Appropriation) (37.04%)
Cash-CMB (One-Time Capital Contnbution) (14.53%)
$1,300,000
$ 510,000
Other
Florida Power & Light Donation (Charging Unit)
Florida Power & Light Donation (fechnica1 Asst.)
Clean Cities Coalition Grant
(4.28%)
(1.43%)
(5.70%)
$ 150,000
$ 50,000
$ 200,000
Maximum Department Participation
Transit Corridor Development (OS)
Service Development (ODR)
(18.51 %)
(18.51 %)
(100 %)
$650,000
$650,000
TOTAL PROJECT COST
++++
$'\,l:il0,000
June 1995
WPI NO. 6810341
JOB NO. 87098-3841/3844
CONTRACT NO. AD 666
EXHIBIT "e"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida Department of Transportation and the City of Miami Reach
1700 Convention Centp.r Drivp., Miami Rp.ach, Florida 33139
dated
'" /UJj .11
This agreement utilizes funds from the Florida Department of Transportation's Public Transit Service Development and
Transit Corridor Improvement Programs. These programs are authorized under Chapter 341, Florida Statutes. This
agreement is in conformance with Chapter 341, F.S. and will be managed in accordance with all applicable FDOT
procedures.
The Goals of this Project are to:
To provide a cost effective and environmentally sensitive transportation alternative in the South Beach Area.
To demonstrate the effectiveness of a public/private partnership in solving existing transportation problems.
To demonstrate the effectiveness of electric vehicle technology to address traffic congestion problems.
To increase the use of existing, underutilized City of Miami Beach parking facilities in the South Beach area.
The following objectives will measure project success:
Operating costs of the shuttle service will be compared with the operating costs of traditionally powered vehicles.
Criteria for success: lower operating costs than comparable traditionally powered vehicles.
Thirty-five thousand dollars ($35,000) in peripheral advertising/revenue will be obtained to promote the shuttle
during its first year of operation. Peripheral advertising/revenue will reach $85,000 during the second year of
operation.
Operating performance in South Florida's climate will be compared to traditionally powered vehicles.
Criteria for success: reliability better than comparable traditionally powered vehicles.
Parking utilization at the Seventh, Twelfth, and Seventeenth Street Garages will increase 5 % during the first year
and by 10% over two years. Basis for comparison will be parking usage before implementation of shuttle
service.
June 1995
WPI NO. 6810341
JOB NO. 87098-3841/3844
CONTRACT NO. AD 666
EXHIBIT "C"
(GENERAL)
[Continued]
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and the City of Miami Rp.ach
1700 Convp.ntion Cp.ntp.r Drivp., Miami Rp.ach, Florida :B139
dated
f-/U/911
,
Project requirements include:
The City of Miami Beach shall provide FDOT with quarterly written progress reports including parking facility
utilization and ridership reports for the electric shuttle.
The City of Miami Beach will prepare a final report on the project sununarizing its history, successes, problems,
and reconunendations for future implementation. The report will include an analysis of the decision to maintain
or discontinue the service based on the criteria established at the beginning of the project. This report shall be
submitted, reviewed and approved before submission of the fmal invoice for the project.
Armually, the City of Miami Beach will conduct a survey of shuttle ridership. The survey will address passenger
satisfaction, destination, purpose, previous mode of travel and other pertinent topics. Baseline data, collected
prior to service provision will be used to compare conunuter attitudes and beliefs about the shuttle.
Each year a fonnal site visit will be conducted by the District Office to ascertain project progress.
Other:
Vehicles purchased in part (50% or more) with FDOT funds shall be managed in accordance with the
Department's Vehicle Inventory Management Procedure. The Department shall be named as the only lien
holder for all vehicles acquired for the project. Disposal of the vehicles shall be made in accordance with the
Procedure.
Lienholder and title repository address: FDOT, 605 Suwannee St., MS 26, Tallahassee, FL 32399-0450
Each vehicle shall have an FDOT Control Number affixed in a manner specified by the Department.
The City of Miami Beach shall maintain the Department as a named "certificate holder" on the insurance
policy for the vehicle[s] during the time period the Department is the only lien holder. The Agency shall
be responsible for providing or having its agents provide the Department with proof of insurance during this
period.
June 1995
WPI NO. 6810341
JOB NO. 87098-3841/3844
CONTRACT NO. AD 666
EXHIBIT "C"
(GENERAL)
[Continued]
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and the City of Mi~mi RE'~('h
1700 ConvE'ntion CE'ntE'r DrivE', Mi~mi RE'~('h, F]orid~ 33139
dated
fJI/ZfJ jqfl
. ,
All accidents involving the vehicle[s] shall be reported to the Department's district office within five (5) working
days. Depending on the seriousness of the accident, additional documentation concerning the accident may be
required to be submitted. If the accident involves a fatality, the District shall be notified within twenty- four (24)
hours.
Submission of an Annual Certification of Use is required by the 15th day of January each year as specified in
Attachment "1".
The Agency will submit a montWy operating report as specified in Attachment "2".
Proper vehicle maintenance is imperative and the Department strongly recommends that your agency follow the
Manufacturer's Recommended Service Schedule.
June 1995
ATTACHMENT 1
ANNUAL CERTIFICATION OF USE OF VEHICLES
This agreement forms an integral part of that Joint Participation Agreement between the State of Florida,
Department of Transportation and th~ City of Minmi RpjJch
1700 Convention Center Drive, Mi~mi Be~c:h, Florid~, 33139
dated
wI", J.11
. I
1.
The vehicles and equipment acquired under the project continue to be used for the purposed for
which the grant was approved.
2.
The vehicles and equipment do not exceed that which is needed for operations.
3.
None of the vehicles and equipment have been sold, damaged or otherwise taken out of service.
4.
There has not been a reduction in the local contribution made to the project.
The certification should make specific reference to all four of the above items. If the Grantee cannot
certify to one or more of them, please explain fully in writing. In the case of project equipment which
consists of vehicles, each vehicle should be itemized by year, serial number and DOT control number.
June 1995
ATTACHMENT 2
MONTHLY OPERATING REPORT
This Attachment forms an integral part of that Joint Participation Agreement
between the state of Florida Department of Transportation and Th~ r.ity of Miami R~a~h
1700 Convention Center Drive. Miami Beach. FL 33139
dated
"/11/'"
,
MONTH:
DATE:
VEHICLE CONTROL NUMBER:
TOTAL ONE-WAY PASSENGER TRIPS:
AMBULATORY:
NON-AMBULATORY:
TOTAL VEHICLES MILES:
ODOMETER READING:
TOTAL DAYS VEHICLE OPERATED:
DAYS IDLE:
DAYS IN REPAIRS:
NOTE:
THIS MONTHLY OPERATING REPORT IS DUE BY THE 30TH OF THE
MONTH FOLLOWING THE REPORTED MONTH.
June 1995
STATE 01' FLORIDA DEPARTMENT 01' TRANSPORTATION
PUBLIC TRANSPORT A TION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT # 1
FORM ns.ooo.m
PUBUC TRANSP ADMIN
OOC - 07/94
Page I 0 f5
SAMAS Approp: 0&&774
SAMAS Obj.: 7QOOO4
Org. Code: AiAi06202062Q
Vendor No.: F'iQ600017200Ai
Fund: 010
Function: 611
Federal No: n/3
Contract No: An 666
WPI No: 6&10141
Job No: R7OQR-1R41I1R44
:3fi1>
THIS AGREEMENT, made and entered into this ;;,.- day of
O~
19~
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
referred to as the Department, and the C:TTV OF MIAMI RF.AC:H, Florida
1700 C:onvpntion C:pntf'r Drivf', Miami R4>arh, FT, ~~1 ~9
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 10
entered into a Joint Participation Agreement; and
of JlJNE
1996
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment . A. appended hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment . A. for a total
Department Share of $1 ,~OO,OOO
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from
each to the other, the parties hereto agree that the above descnbed Joint Participation Agreement is to be amended and supplemented as
follows:
1.00 Project Description: The project description is amended to increase the number of electric shuttle buses to seven (1).
FORM 12S-03O-07
PUBUC TRANSP ADMIN
OOC - 01/94
Page 2 ofS
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased/decreased by $101,154
bringing the revised total cost of the project to $3,712,254
Paragraph 4.00 of said Agreement is increased/decreased by $-0-
bringing the Department's revised share in the project to $1,300,000
3.00 Amended Exhibits:
Exhibit(s) A, H, C;
of said Agreemenris-(are) amended by Attachment. A ..
4.00 Contract Time:
Paragraph 18.00 of said Agreement is amended nlA
FORM 125-000-07
PUBUC TRANSP ADMIN
OOC - 07/94
Page 3 of 5
WPI NO. hR 1 0141
JOB NO. R709R-1R4111R44
Contract No. AD hhh -
Agreement Date OCT 0 3 1996
Except as hereby modified, amended or changed, all other terms of.said Agreement dated
Jllnp. 20, lQ96 and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
BY:
TITLE:
ATTEST:
Rb~~ p~
Robert Parcher, City Clerk
DATE FUNDING APPROVED BY COMPTROLLER
(SEE A TT ACHED ENCUMBRANCE FORM)
APPROVED AS TO FORM, LEGALITY
Dirp.c.tor, PllInning & Proerllms, District Six
TITLE
I UnL~ fwr h,_
By
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
, ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 12/94
==================================================================
RUSH (Needed by
Reason for RUSH :
Advertise (Letting
Letter of Authorization XXX
==:=supplemental Correction
_/_/_ (date))
Date)
New
Award Renewal
Court Order Overrun
Addition Termination Agmt.
Contract # AD666 Contract Type
Vendor Name-City of Miami Beach_
Has Written/Verbal Approval from a
been received NA Yes No
- -
Fed Agmt Amt State Funds 1300000 Local Funds 650000
Beginning date of this Agmt: 06/20/96(Must be after fund-approval)
Ending date of this Agmt: 06/30/98(Estimate if necessary)
Execution date of this Agmt: 06/20/96(Only on original agreements)
Has work been authorized to begin? XXX Yes _ No
Have standard financial provisions been altered by coqtract terms?
Yes XXX No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes XXX No
****************************************************************
AH Method of Procurement
- -
Vendor ID F596000372005
Participating Federal Agency
G
Brief description of work: Purchase/Operation of six electric
shuttles vehicles for demonstration project.
++Multi-Year JPA++ Previously approved by Compt. on 5/16/96
*****************************************************************
ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT
(PROGRAM#) (WPI # ) (FUND) numeric
( FY's ) To be completed if funded in 2 or more fiscal years.
-----------------------------------------------------------------
-----------------------------------------------------------------
55 062020629 *11 * 790004 * $650,000 *87098/3844/50
( 2010 (6810341) (010 )
* 656
(96-97 )
------------------------------------------------------------------
55
*
*
*
*
*
------------------------------------------------------------------
55
*
*
*
*
*
TOTAL AMOUNT *
$ 650,000_
*
----------------------------------------------------------------
Originator:_Ed Carson
E-mail user ID PT629EC
Date:_08/21/96_Phone 452-5911
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5590 CATEGORY 088774-97
WORK ORDER BALANCE AUTH. 650,000.00
ALLOTMENT _AB=3,935,604.00 YEAR 97 DATE CHECKED 8/22/96
FUNDS APPROVED BY PHILLIP PRYOR
FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: _8/22/96
******************************************************************
I'
I
)
,I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 12/94
==================================================================
RUSH (Needed by __/__/---- (date))
Reason for RUSH-:---
Advertise (Letting Date) Award Renewal
Letter of Authorization x New --Court Order OVerrun
====supplemental ___ correctIon ___ Addition ___ Termination Agmt.
Contract # AD666contract Type AM Method of Procurement G
Vendor Name CITY OF MIAMI BEACH -- Vendor ID F596000372005--
Has Written/Verbal Approval from a Participating Federal Agency
been received NA yES No
Fed Agmt Amt$ State~nds $l,300,OOOLocal Funds$650,OOO
Beginning date-of this Agmt: 06/30/96(Must be after fund approval)
Ending date of this Agmt: 06/30/98 (Estimate if necessary)
Execution date of this Agmt: 06/12/96(Only on original agreements)
Has work been authorized to begin? Yes X No
Have standard financial provisions been altered by contract terms?
Yes X No If so, show Revision date:
DOes thIs-agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes X No
********************************************************.*......
Brief description of work: Purchase of six electric shuttle buses
for demonstration project on Miami Beach.
+Multi-Year JPA+++
****************************************************..***********
ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT
(PROGRAM#) (WPI # ) (FUND) numeric
( FY's ) To be completed if funded in 2 or more fiscal years.
=================================================================
55.0620206~9 *11 * 790004 * $650,000 *87098/3841/50 . * 656
(2001 ) (6810341 ) (010
------------------------------------------------------------------
( 95-96)
55 062020629 * 11 * 790004 * $650,000
( 2010) (
*87098/3844/50* 656
6810341 ) ( 010)
------------------------------------------------------------------
( 96-97)
55
*
*
*
*
*
----------------------------------------------------------------
TOTAL AMOUNT *
$1,300,000__
*
Originator: ED CARSON Date: OS/14/96___Phone 452-5911
E-mail user-ID.PT629EC
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5590 CATEGORY 088774-96
WORK ORDER BALANCE AUTH. ON 5/7/96~7S0,000.00
ALLOTMENT AB=l,585,898.00EAR 96 DATE CHECKED _5/16/96
FUNDS APPROVED BY PHILLIP PRYOR
FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: 5/16/96
******************************************************************
FORM ~7
PUBLIC TRANSP ADMIN
OOC - 07/94
Page 4 of5
WPI NO. 6R 10141
JOB NO. R709R-1R41I1R44
Contract No. An 666
Agreement Date ocr 0 3 1996
ATTACHMENT "A"
SUPPLEMENTAL AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State
of Florida, Deparunent of Transportation and thp. CITY OF MIAMI RRACH
1700 Convention Center Drive, Mi9mi Rp9l'h, FL JJB9
dated IlInp. 20, 1996
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
This Agreement increases the number of vehicles authorized to be purchased with FDOT financial participation from six (6)
to seven (1). Adding one vehicle will improve service through reduced headways, increased reserve fleet capacity, and better
coverage of the service area.
Capital Acquisition
(l Electric Vehicles)
Operating Expenses
Marketing
Administration
Contingency
$1,214,243
$1,796,580
$ 60,000
$ 102,492
$ 336,685
As amended Net C~nge
$1,416,497 $202,254
$1,796,580 0
$ 60,000 0
$ 102,492 0
$ 336,685 0
$3,712,254 $202,254
I.
Project Cost:
As approved
Total Project Cost
$3,510,000
II. Fund Participation:
Cash-CMB Res. #96-21894(Annual Appropriation)
Cash-CMB (One-Time Capital Contnbution)
(35.01 %) $1,300,000
(19.19%) $ 712,254
(4.04%) $ 150,000
(1.35%) $ 50,000
(5.39%) $ 200,000
Other
Florida Power & Light Donation (Charging Unit)
Florida Power & Light Donation (Technical Asst.)
Clean Cities Coalition Grant
Maximum Department Participation
Transit Corridor Development (OS)
Service Development (ODR)
(17.51%)
(17.51%)
$ 650,000
$ 650,000
Total Project Cost
(100%)
$3,712,254
FORM 72S-O:JO.m
PUBLIC TRANSP ADMIN
OOC - 07/94
Page 5 of 5
WPI NO. 6810341
JOB NO. 87098-3841/3844
- -
CONTRACT NO. AD666
Agreement Date OCT 0 ::1 1996
EXHIBIT "e"
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida Department of Transportation and the rITY OF MIAMI RRArH '
1700 rnnventinn renter Drive, Mi~mi RP~ch, FI. 11119
dated June 20,1996
Reference statutes as applicable.
Mark the required Safety sub.mttal or provisions for this agreement if applicable.
Safety Requirements
X Ru~ TT3n~it Sy~tem - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida
Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety
certification that the Agency has adopted and is complying with its adopted System Safety Program Plan
pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated.
Fixed Guidew~y Sys.tem - (established) In accordance with Florida Statute 341.061, the Agency shall
submit, and the Department shall have on file, annual certification by the Agency of compliance with its
System Safety Program Plan, pursuant to Rule Chapter 14-55.
Fixect Guidew~y Sy~tem - (new) In accordance with Florida Statute 341.061, the Agency shall submit a
certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55.
Prior to beginning passenger service operations, the Agency shall submit a certification to the Department
that the system is safe for passenger service.
RECYCLED PAPER@
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~~
TO:
Mayor Seymour Gelber and
Members of the City Commission
September 11, 1996
DATE:
FROM:
Jose Garcia-Pedrosa ~
City Manager .
Request for Approv ward a Contract to Advanced V chicle Systems, Inc.
(A VS) in the Amou of $1,416,497.83, Pursuant to Bid No. 101-95/96 for the
Purchase of Seven Electric Shuttle V chicles
SUBJECT:
ADMlNISTJ!~ T...ION RECOMMENDATION:
To authorize the award.
CONTRACT AMOUNT AND FUNDING:
$1,416,497.83 Funds are available from the following sources: City Resort Tax Schedule -
$566,497.83, with $202,356.83 for one additional vehicle to be repaid from
future grant; F.D.O.T. - $650,000; and Gold Coast Clean Cities Coalition
Grant (State funding) - $200,000.
BACKGROUND:
On June 19,1996, the City Commission approved a two-year Joint Participation Agreement (JPA)
with the Florida Department of Transportation for the implementation of the South Beach Electric
Shuttle Demonstration Service Project - The Electric Wave. This shuttle service will link under-
utilized City parking facilities and create a park-and-ride program which will help alleviate the
congestion and parking problems in South Beach.
Invitation to Bid No. 101-95/96 was released on July 16, 1996, and bids were re('~iv~d on August
20, 1996. The technical specifications were provided by Judy Evans, Executive Director of the
Miami Beach Transportation Management Association, Inc. (MBTMA), and the draft bid was
reviewed by personnel from the Florida Department of Transportation, Intermodal Programs Office,
District Six, before the final edited specification package was released.
Responses were received from the following firms:
Advanced V chicle Systems, Inc.
Specialty Vehicle Mfg. Corp.
U.S. Electricar, Inc.
"No Bid" responses were received from:
Fla. Transportation Systems, Inc.
Gibbs Bus Sales
Orion Bus Ind.
247
AGENDA ITEM ____fi2A___
DA TE____._~_ll:-~
BID NO. 101-95/96
Page Two
September 11, 1996
BACKGROUND: (Continued)
On Monday, August 26, 1996, at 10:00 a.m. to 1:00 p.m., the following Technical Review
Committee for the electric shuttle project reviewed the bid responses for compliance with
specifications:
Ed Carson, Florida Department of Transportation - District Six
Judy Evans, Miami Beach Transportation Management Assn.
Amelia Johnson, City of Miami Beach Transportation Coordinator
Terry McKinley, Metro Dade Transit Agency
Bob Suggs, Manager, Electric Transportation Program, FP&L
Each member of the review team completed a detailed checklist to determine whether units being
proposed met the bid requirements, and A VS, the lowest bidder for complete units including all
options, was found to be responsive to the City's specifications.
ANAL YSIS:
.Bidder
Bid Total (6 Units)
Comments
Advanced Vehicle Systems, Inc.
$1,214,141 *
Recommended for award.
Specialty Vehicle Mfg. Corp.
$1,254,669 to $1,338,591
Depending on options and size
of batteries.
U.S. Electricar, Inc.
$1,151,520
Does not include cost for all
options requested.
* Although bid specifications requested pricing for 6 vehicles, it has been determined that one
additional vehicle will be purchased at this time. A VS has agreed to hold pricing for 180 days.
111e following references were contacted, and all are very pleased with the quality of perfomla.nce,
management, and responsiveness of A VS:
ChattanoQz-<!..Area Re~ional Tran,sit Authorily..LCA~TA)-=-Mr. E.91LSw.~J:ne..Y......M"anfl.ger
CARTA has a total of fifteen A VS electric shuttle vehicles in operation as a circulator
system in downtown Chattanooga. V chicles travel approximately 50-60 miles on one
charge. Experienced oil pump problems at begirming of program, but A VS con-eeted
problem within 10 days. Anticipates purchasing additional vehicles in the near future from
AVS.
248
BID NO. 101-95/96
Page Two
September 11,1996
ANAL YSIS: (Continued)
Greater Portland Transit Authority - Ms. Sarah Dodoes. Manager
GPT A operates two A VS electric shuttle vehicles for a circulator shuttle system in
downtown Portland. Commented that A VS was very dependable and responsive to any
problems or questions during implementation of service. Have plans to order a third vehicle
early next year.
Sacramento Regional Transit District - Mr. Cameron Beach. Manager
SRTD operates five A VS electric shuttle vehicles as a circulator system in a major shopping
area in downtown Sacramento. Have been very pleased with quality of vehicles and support
from A VS. Stressed necessity for drivers to receive in-depth training. If fund permitted,
they would purchase more A VS vehicles.
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the award to
Advanced Vehicle Systems, Inc. for providing seven electric shuttle vehicles to be utilized in the
Miami Beach Electric Shuttle Demonstration Program - The Electric Wave.
JGP:MDB:jf
249