HomeMy WebLinkAbout2001-24490 RESO
RESOLUTION NO.
2001-24490
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING
TO THE SOLE PROPOSAL RECEIVED IN RESPONSE TO
REQUEST FOR PROPOSALS (RFP) NO. 25-00/01, TO PROVIDE
MAINTENANCE OF ELECTROWAVE SHUTTLE VEHICLES;
AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE ONLY FIRM, ELECTRIC TRANSIT
VEHICLE INSTITUTE (ETVI).
WHEREAS, the City of Miami Beach issued Request for Proposals (RFP) No.
25-00101, on March 21, 2001, for an experienced and qualified organization to provide
appropriate and timely fleet maintenance services for the City's electric shuttle vehicles,
which operate the Electrowave Shuttle Service; and
WHEREAS, DemandStar issued 140 RFP notices to prospective
firmslindividuals, which resulted in a sole proposal from Electric Transit Vehicle Institute
(ETVI), a non-profit 50l(c)(3) organization from Chattanooga, Tennessee; and
WHEREAS, Letter to Commission (LTC) No. 93-2001 established an Evaluation
Committee appointed by the City Manager, and endorsed by the City Commission; and
WHEREAS, the Evaluation Committee convened on May 25, 2001, and decided
to schedule a question and answer session with ETVI, in order to have a better
understanding of their proposal; and
WHEREAS, the Committee reconvened on June 8, 2001, and after conducting a
question and answer conference call, deliberated and agreed to recommend ETVI,
contingent upon successful negotiations; and
WHEREAS, only after an Electrowave ShortlLOng Range Plan and a proposed
FY 2001-02 Electrowave Operating Budget are submitted and approved, will the Mayor
and City Commission consider entering into a contract with ETVI, and then only upon
conclusion of successful negotiations.
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 accept the recommendation of the City Manager pertaining to
the sole proposal received in response to Request for Proposals (RFP) No. 25-00/01, to
provide maintenance of Electrowave Shuttle vehicles; and further authorizing the
Administration to enter into negotiations with the only firm, Electric Transit Vehicle
Institute (ETVI).
PASSED AND APPROVED this the 27th of
June
, 2001.
fJJl
MAYOR
ATTEST:
~~r p~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
City,.. ~
(;,il/ol
uate
F:/mswordlamelialewIETVInego
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htt :\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO.
1.(( /...() I
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. GOnzalez~
City Manager 1=;iIl..
DATE: June 27, 2001
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE SOLE PROPOSAL RECEIVED IN RESPONSE TO REQUEST FOR
PROPOSALS (RFP) NO. 25-00/01, TO PROVIDE MAINTENANCE OF
ELECTROWAVE SHUTTLE VEHICLES; AND AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
ONLY FIRM, ELECTRIC TRANSIT VEHICLE INSTITUTE (ETVI).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach issued Request for Proposals (RFP) No. 25-00101, on March 21, 2001,
hoping to find an experienced and qualified organization to provide appropriate and timely fleet
maintenance services for their current fleet of eleven (II) electric battery-operated shuttle
vehicles, known as the Electrowave.
Maintenance services have been performed to date by the City's Fleet Management Division,
which is also charged with the maintenance of all other City vehicles, except for Fire Engines
and Fire Rescue vehicles. Dedicated time, exclusive attention, and specific electric-battery
technology expertise are required to provide appropriate and effective maintenance of the shuttle
vehicles and batteries. Flawless and timely maintenance is essential if the E1ectrowave Shuttle is
to succeed in its mission to provide circulator and park-and-ride services in South Beach.
DemandStar issued 140 RFP notices to prospective individuals/firms nationwide, which resulted
in a sole proposal from Electric Transit Vehicle Institute CETVI).
AGENDA ITEM
G7V
6-J.7-Oj
DATE
Commission Memo
RFP No. 2S-00/01-Electrowave
June 27, 2001
Page 2 of 3
EVALUATION COMMITTEE
Letter to Commission (LTC) No. 93-2001 established an Evaluation Committee consisting of the
following individuals:
Carlos Cuadras, Miami Beach Resident
Judy Evans, Executive Director of MBTMA
Amelia Johnson, Transportation Coordinator
Robert Suggs, Manager, Electric Transportation Program, Florida Power & Light Co.
Drew Terpak, Fleet Management Division Director
COMMITTEE MEETING
On May 25, 2001, the Committee convened, and all members with the exception of Carlos
Cuadras were in attendance. Mr. Suggs was selected as the Chair of the Committee. The
Committee decided to schedule a conference call session with ETVI, in order to have a better
understanding of their proposal.
QUESTION AND ANSWER SESSION AND COMMITTEE DELIBERATIONS
On June 8, the Committee convened and conducted a conference call/question and answer
session with ETVI. Afterwards, the Committee deliberated and agreed to recommend ETVI,
contingent upon successful negotiations.
ELECTRIC TRANSIT VEHICLE INSTITUTE (ETVI)
ETVI is a non-profit 50l(c)(3) organization. The Chattanooga Area Regional Transportation
Authority (CARTA) incorporated ETVI in 1991 in Chattanooga, Tennessee during the transit
authority's development of its electric and hybrid-electric bus program.
ETVI has the background and experience to provide the City with a quality maintenance
program for the Electrowave service. Its management approach will ensure that the City,
MBTMA, Red Top (the company hired by the City to operate the shuttle service), and ETVI
work closely together to ensure a successful Electrowave operation. ETVI is prepared to enter
into a contract and begin the responsibility to maintain the Electrowave service as of October 1,
2001, or immediately, if so determined by the City.
PROPOSED COST (TO BE NEGOTIATED)
The cost for the basic services included in the ETVI proposal is $701,333 for year one. The
billing for the first month would be higher than remaining 23-months of the project as this month
includes all start-up, driver/maintenance training, equipment audit, and insurance costs.
Commission Memo
RFP No. 2S-00/01-Electrowave
June 27, 2001
Page 3 of3
This Resolution only authorizes the Administration to enter into negotiations with ETVI.
At a later meeting, after the Mayor and Commissioners have had a chance to 1) review and adopt
the recommendations to be made by the Electrowave ShortlLong Range Plan, which is about to
be completed, and 2) to examine the proposed FY 2001-02 Operating Budget and its funding
sources for the Electrowave shuttle services, the Administration will submit a contract with
ETVI for your consideration and approval, and then, only upon conclusion of successful
negotiations.
In conclusion, the Administration recommends approval of the Resolution,
JGI~OfJ
\\CH2\VOLl\WORK\$TRA lAMELlA IELECTWVElETVlnego.memo.doe
jlAl\J~ 27 '1-"0/ eM,
I
INTERIM AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND THE ELECTRIC TRANSIT VEHICLE INSTITUTE (ETVI)
FOR THE PROVISION OF TECHNICAL SUPPORT TO
AND OVERSIGHT OF MECHANICAL MAINTENANCE SERVICES
FOR THE CITY'S FLEET OF ELECTRIC SHUTTLE VEHICLES
THIS AGREEMENT made and entered into this t 111 day of ~;)-Oo,/
2001, by and between the CITY OF MIAMI BEACH, FLORIDA (heremaft r referred to
as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
33139 and the ELECTRIC TRANSIT VEHICLE INSTITUTE (hereinafter referred to as
Consultant), a non-profit 50l(c)(3) organization, which address is l6l7-B Wilcox Boulevard,
Chattanooga, Tennessee 37406.
SECTION 1
DEFINITIONS
Agreement:
This written Interim Agreement between the City and Consultant.
City Manager:
The Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services:
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Interim Agreement, as described in Section 2.
Project:
Technical support and maintenance oversight services to be performed
regarding the Electrowave Shuttle fleet and associated batteries and
equipment.
MBTMA:
The Miami Beach Transportation Management Association (MBTMA)
is the City-designated Project Manager for the services to be performed
under this Interim Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
1
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled
"Scope of Services" (Services),
SECTION 3
COMPENSA TION
3.1 FIXED FEE
Consultant shall be compensated for the Services to be provided herein in an amount
not to exceed Twenty Four Thousand, One Hundred Fifty Eight and 00/100 Dollars
($24,158), for the Services set forth in Exhibit "A" hereto.
3.2 INVOICE FORMAT AND PROCEDURE
Consultant shall propose an invoicing procedure and format that is acceptable to both
the City, the Miami Beach Transportation Management Association (MBTMA), and the
Florida Department of Transportation (FDOT), thereby facilitating invoice approvals by
MBTMA, payments by the City, and subsequent/proportional reimbursements to the City by
FDOT.
3.3 METHOD OF PA YMENT
Payments shall be made within thirty (30) days of the date of invoice received by the
City. Consultant shall mail all invoices to MBTMA for approval, prior to payment by the
City.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
4.1.1 Consultant shall exercise that degree of skill, care, efficiency and diligence normally
exercised by recognized professionals with respect to the performance of comparable
Services.
2
4.1.2 The City shall rely on the Consultant to give technical assistance, perform oversight of
mechanical maintenance services, and complete the evaluation of electric buses and
associated equipment, followed by recommendations of work to be performed during the
period of this Agreement.
4.1.3 Within two (2) weeks following the issuance of a Notice to Proceed by the City, the
Consultant will provide the City with an itemized fee structure and timeline for the various
tasks involved in the Scope of Services, attached hereto as Exhibit "A."
4.1.4 In its performance of the Services, Consultant shall comply with all applicable laws and
ordinances, including but not limited to, applicable regulations of the City, County, State,
Federal Government, ADA, EEO Regulations and Guidelines.
4.2 RESPONSIBILITY OF THE CITY
The City shall provide all necessary parts, supplies and equipment, pay for utilities and
fuel, and provide shop/garage space for the purposes of the mechanical maintenance services
being provided by the Consultant to the City's Electrowave Project; and shall provide parking
spaces for the Consultant employees.
4.3 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287. 133(3)(a) Florida
Statute on Public Entity Crimes shall be filed with the City's Procurement Division.
4.4 PROJECT MANAGEMENT
The Consultant shall appoint both a qualified individual to serve as ETVI Project
Manager for the Services, and a full-time Maintenance Manager who shall be fully
responsible for the day-to-day activities of ETVI, under this Agreement, and who shall serve
as the primary contact for the City's Project Manager, MBTMA.
3
4.5 DURA TION AND EXTENT OF AGREEMENT
The term of this Agreement shall commence immediately upon receipt of a "Notice to
Proceed" from the City, and continue through September 30, 2001, or until a Contract is
approved and executed by the City and the Consultant for Fiscal Year 2001-02 and beyond.
4.6 TIME OF COMPLETION
Consultant shall agree to a completion date to be determined by the City (and
MBTMA), that is reasonably consistent with the appropriate duration of the Project, and with"
the term of this Agreement, as set forth in Section 4.5 above. In the event that the City (and
MBTMA) and Consultant deem that an extension of the term of this Agreement and of
Consultant's Services is necessary, same shall be memorialized by an amendment to this
Agreement and may include a reasonable increase in the compensation to Consultant, as
deemed necessary and mutually agreed to by the parties. However, notwithstanding the
preceding, the City (MBTMA) and Consultant agree that in the event the Project is delayed or
prevented from proceeding by any circumstances beyond the reasonable control of the City
(and MBTMA), including weather conditions or acts of God which would render mechanical
maintenance work impracticable, then the term of this Agreement shall be automatically
extended, and Consultant shall not be entitled to any additional compensation for the Services
to be provided herein. The City and Consultant herein agree that the Agreement and
Consultant's Services to be provided herein, are intended to be provided for the life of the
Project, as defined above. Therefore, should weather or acts of God delay or otherwise
prevent the Project from being completed on or before the approximate date set forth in
Section 4.5. above, Consultant shall be obligated to continue to provide the Services set forth
herein for the total fee agreed to in Section 3.1 of the Agreement.
4.7 OWNERSHIP OF DOCUMENTS AND EOUIPMENT
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.
Notwithstanding the foregoing, the City agrees that Consultant may use such non-confidential
documents/reports prepared pursuant to this Agreement for the exclusive purpose of
Consultant's promotional materials.
4.8 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
4
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful~onduct
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 shaH pay aH such claims and
losses and shall pay all such costs and judgements which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the City
in the defense of such claims and losses, including appeals. The parties agree that one percent
(1 %) of the total compensation to the Consultant for performance of the Services under this
Agreement is the specific consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shaH maintain and carry in full force
during the term of this Agreement and throughout the duration of the work the following
insurance:
1. Professional General Liability in the amount of $1,000,000.00.
2. Commercial General Liability (including garage liability) III the amount of
$1,000,000.00.
3. Non-Owned Automobile Liability in the amount of $1,000,000.00.
4. Workers Compensation & Employers Liability, as required pursuant to Florida statute.
5
All policies are subject to the following provisions:
All insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Manager. The City must be named as an
additional insured. Original certificates of insurance for the above mentioned coverages, or
any other form of insurance as may be required by the City or the City designee, must be
submitted to the City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. The
Consultant is responsible for obtaining and submitting all insurance certificates for their
consultants. Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and its
insurance company.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies must be rated no less than "B+" as to
management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Consultant specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
4.9.1 ENDORSEMENTS
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.9.2 CERTIFICATES
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
6
4.10 TERMINATION, SUSPENSION AND SANCTIONS
4.10.1
Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any
of the covenants, agreements, or stipulations material to this Agreement, the City shall
thereupon have the right to terminate the Services then remaining to be performed. Prior to
exercising its option to terminate for cause, the City shall notify the Consultant of its violation
of the particular terms 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 and the City shall be fully discharged from any
and all liabilities, duties and terms arising out of/or by virtue of this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports and other work products prepared by the
Consultant and its subcontractors shall be properly assembled and delivered to the City at the
Consultant's sole cost and expense. Consultant shall be paid for any Services satisfactorily
performed up to the date of termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
City for damages sustained by the City by any breach of the Agreement by the Consultant.
The City, at its sole option and discretion, shall additionally be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the City's right
and remedies against the defaulting party. The City shall be entitled to recover all costs of
such actions, including reasonable attorney's fees. To the extent allowed by law, the
defaulting party waives its right to jury trial and its right to bring permissive counter claims
against the City in any such action.
4.10.2
Termination for Convenience of Citv
THE CITY MAY, FOR ITS CONVENIENCE AND WITHOUT CAUSE,
TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY
TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO
CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE
FORTY -FIVE (45) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR
UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN
SECTION 2 AND IN EXHIBIT "A" SHALL BE PROPERLY ASSEMBLED AND
DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF
THE AGREEMENT IS TERMINATED BY THE CITY, AS PROVIDED IN THIS
7
SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES
SA TISFACTORIL Y PERFORMED UP TO THE DATE OF TERMINATION.
4.10.3 Termination for Insolvencv
The City also reserves the right to terminate the remammg 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 of this Agreement, the City shall impose such sanctions as the City or the State of
Florida may determine to be appropriate, including but not limited to, withholding of
payments to the Consultant under the Agreement until the Consultant complies and/or
cancellation, termination or suspension of the Services. In the event the City cancels or
terminates the Services pursuant to this Subsection the rights and obligations of the parties
shall be the same as provided in Section 4.10.2,
4.10.5 Chanl!es and Additions
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Consultant. Said
amendment shall provide an equitable adjustment in the time of performance, and, if
applicable, in compensation to Consultant, a reallocation of the task budget and, if applicable,
any provision of this Agreement which is affected by said amendment. 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 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem necessary,
there shall be made available to the City and/or such representatives as the City may deem to
act on its behalf, to audit, examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement. Consultant shall maintain any and all records necessary to
document compliance with the provisions of this Agreement.
8
4.12 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records
to the City and/or such authorized representatives as it may deem to act on its behalf, and
agrees to provide such assistance as may be necessary to facilitate financial audit by the City
or its representatives when deemed necessary to insure compliance with applicable accounting
and financial standards. Consultant shall allow access during normal business hours to all
other records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
4.13 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.14 SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's services, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of sub-
consultants, and any other person or entity acting under the direction or controls of the
Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to
include any sub-consultants and any other person or entity acting under the direction or
control of Consultant. All sub-consultants must be approved in writing prior to their
engagement by Consultant.
4.15 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.16 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Miami-Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
9
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.
4.17 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings. shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of
the Consultant or its employees or subcontractors.
4.18 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager/Maintenance Manager appointed by Consultant and the Project Manager
designated by the City. The Consultant's Project Manager and the City's Project Manager shall
be designated promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT:
Electric Transit Vehicle Institute (ETVI)
John W. Powell, Executive Director
l6l7-B Wilcox Boulevard
Chattanooga. Tennessee 37406
(423) 622-3884
(423) 622-0744 - fax
e-mail: etvi@vol.com
10
TO MBTMA:
(City's Project Manager)
M. B. Transportation Management Association (MBTMA)
Judy I. Evans, Executive Director
777 41st Street, Suite 330
Miami Beach, Florida 33140
(305) 535-9160
(305) 535-9157 - Fax
mbtma@earthlink.net
TO CITY:
City of Miami Beach
Joseph W. Johnson, III, Director
Transportation Concurrency Management Division
Project Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6185
(305) 604-2498 - Fax
htto://Joseoh Johnson@ci.miami.beach.f\.us
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on
the day following the date mailed; and if mailed to an address outside the city of dispatch on
the seventh day following the date mailed.
4.19 LITIGATION .TURlSDlCTIONNENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action
is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
4.20 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this
Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement shall be governed by and construed according to the laws of the State
of Florida.
11
4.21 LIMIT A TION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of $24,158. 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 $24,158.
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 $24,158 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
~'f~
r City Clerk
J~r ~-c:
FOR CONSULTANT:
ELECTRIC TRANSIT VEHICLE INSTITUTE
ATTEST:
By:
Secretary
I or
"JOh ~ w?f?"""'II,:::I.
Corporate Sea
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
11 il 141';)..11 _ 7--'2.7-0/
~uaw
F:\ WORK\$TRA \AMELlA IELEcTWVEIETVlintrm.agnnt.doc
t2
EXHIBIT "A"
SCOPE OF SERVICES
FOR
TECHNICAL SUPPORT/OVERSIGHT OF MECHANICAL MAINTENANCE SERVICES
The Electric Transit Vehicle Institute (ETVI) will provide interim support services to the City
of Miami Beach Electrowave Shuttle Project, under the direction of MBTMA and in full
cooperation with the City's Fleet Management Division. These interim services will be
performed in August-September 2001, or until such time that a final contract between ETVI
and the City is approved for Fiscal Year 2001-02:
As soon as ETVI is contracted to provide interim support services to the Electrowave shuttle
fleet, ETVI will hire a Maintenance Manager who will work a minimum of 40 hours a week
to provide direction and light maintenance work for the shuttle/battery/equipment
maintenance operation.
DeIiverables:
1. Maintain and repair buses - One Advanced Vehicle System (A VS) employee, in
coordination with the ETVI Maintenance Manager and the Miami Beach Fleet
Management Division (City Fleet) will help repair and maintain the electric buses. Work
completed that is covered by A VS warranty will not be billed to the City. The A VS
employee will provide a maximum of 40 hours of work per week, unless otherwise
recommended by the City's Project Manager-MBTMA, and approved by the City.
2. Conduct and complete preventative maintenance on buses and batteries - Both the
ETVI Maintenance Manager and the A VS employee will work with City Fleet to conduct
a complete preventative maintenance on the buses and batteries. This will require both to
complete appropriate repairs to the buses. A process for the interaction between ETVI
and City employees has already been worked out between City Fleet and ETVI, and
approved by MBTMA.
3. Conduct review of existing batteries - the ETVI Maintenance Manager will oversee the
work to be performed by EMS and/or American Battery, who will complete a
performance assessment of the existing batteries. Understanding the condition of the
existing batteries is important and may permit a reduction in the number of new sets that
the City will order. (Note: The issues involving batteries are serious and have the potential of
creating short and long-term performance problems and additional expense to the City. This
service by the battery manufacturer(s) needs to be done regardless of an interim contract with
ETVI, so that the battery sets are evaluated and appropriately repaired, as needed.).
4. Clean, water and charge batteries - Both the ETVI Maintenance Manager and, when
available, the A VS employee, will help City Fleet employees clean, water and charge the
batteries.
l3
5. Identify and initiate corrections for safety issues - The ETVI Maintenance Manager,
working with the ETVI Project Manager and City Fleet, will identify and begin correcting
safety concerns.
6. Develop procedures to ensure the continued improvement in bus and battery
performance. During the first week, the ETVI Project Manager will be in Miami Beach
to develop procedures that will ensure the continued improvement in the performance of
buses and batteries. Such procedures may include, but not be limited to the following:
o Equalizing batteries
o Monitoring and reporting the condition of batteries
o Purchase orders (including forms)
o Record keeping for batteries, maintenance and driver performance
o Reporting battery, maintenance and driver performance
o Preventive maintenance for buses
o Preventive maintenance for batteries.
(Note: Much of the efforts to develop procedures, identify and initiate corrections for
safety, and advertising and/or hiring employees, etc., are included in the proposal sent
to the City in response to its Request for Proposals for Maintenance Services/
Electrowave Shuttle Fleet. Therefore, expenses that occur during the interim period and
that are directly related to these activities would be subtracted from the final contract
rate between the City and ETVI.).
7. Wash bus exteriors and clean bus interiors - ETVI Maintenance Manager will assist the
City Fleet employees in washing and cleaning the buses.
8. Modify charging stations to improve cooling - ETVI Project Manager and Maintenance
Manager will work with City Fleet personnel to improve the cooling of the battery charging
area.
9. Inventory stock room, develop parts list and secure required parts - ETVI Project
Manager and Maintenance Manager will inventory the stock room, review Electrowave
maintenance history to develop a spare parts list, and then work with the City's Project
Manager-MBTMA to secure the required parts.
10. Advertise/interview for mechanics, mechanic helpers, and clerk - ETVI Project
Manager and Maintenance Manager will begin the process of advertising and interviewing
for the staff that will be necessary to support the maintenance operation, during the interim
contract period, or within sixty (60) days.
11. Develop a battery cleaning/washing system - ETVI Project Manager and Maintenance
Manager will work with City Fleet to develop a battery cleaning/washing system that will
reduce the amount of time and effort needed to keep the batteries clean.
F,\ WORK\$TRAIAMELlA IELECfWVEIETVlintrm.agnnl.doc
14
Jul 18 01 02:23p
."
OrnCltlS
CHAlltMAN
Robert C. Diehl.
US.A""!lRt1irrri
VICB-CHAlkMAN
Sh.'\'c 1A..":I.cn
Glwtlll"."'fJlWiIIOll
GmttJ RPA
SECI.BTAU
Rob Colby
akl/Ia"~,/ 'ulllibon COJtlltJ
Ai,. PlJ/lNti~" C/I"''''' B~M
Tau.sUIUl:1l.
H,ul:\.'T D:nis
!1I"TnuJ Sum/ftf
PAST hESIDurr
Stl.'ycJttt
AJ,<< ",4111Iritl
BQ,\,lO MEMBERS
IhyChllJcn=
CJNlllu,,~
Mllfflifih1I1rrrt/frto,l~l'illll
Jim Frica;on
OkJlla"OOfI TiPlul Fret Prru
Robert li (IOIlC;l, I'h.l)..
NOI/irJIIll,olruIfJpt/'1llliOll
lusr..rfl'hG"'rr
Philip Kal'-cmcrsky, PhJ).
U";,,,rniyt( T'fflftJ:rrt
U/c''haJ/llf1tlflJ!l
}.:nnyt;lMillc.:r
OJuIIIl1l4tJfpAr'f"
c;q,,1'tlttiDl't(.wVinl(Jr.JI'II~1I
L\.'CMurrny
G'haflaROO/jll /frrd
(:&z",br,. II{ '-_"'tm
John Ridurd~on
T,lflfUJu V,,~ Allllx)f';(y
EuarrIVE nfltECTOR
John \v. l'mvdl, Jr.
1617-1l Wilc". Illvu.
Chattanooga. 'lN 37406
Phone: 423.622.3884
Fax: 423.622.0744
e-mail: cevi@vol.coOl
www.etvi.org
etvi
423 622 0744
p.2
Helping bring you tomorrow's technology
... todayl
July 18, 2001
Ms. Judy Evans
Executive Director
Miami Beach Transportation Management Association
77741" St.
Suite 330
Miami Beach, FL 33140
Dear Ms. Evans:
In response to our conference call yesterday morning, and our conversation
yesterday afternoon, we have developed a modified interim budget that should
permil authorization of an interim contract quickly. We are projecting the cost
of the interim effort to be approximately $24,158.
The modified interim budget covers a two month period and contains:
. Full time wageslbenefits for Enrique Agras
. One week of support by Ken Cox during the firsl 30 days
. One week of support by Ken Cox during the second 30 days
· $1,000 for miscellaneous (advertising for mechanics. etc,)
. $200 for contingencies
The budget breaks down as follows:
. Wages=$14,167
. Benefits = $4,692
· Travel = $3, I 00
. Mise: = $1,000
. Contingency = $200
We understand that any support provided by American Battery can be covered
through an existing purchase order through the City of Miami Beach. We also
understand that the opportunity to secure mechanics through a temporary agency
exists and will be covered by the Miami Beach TMA.
All the other requirements, such as access to lifts, tow vehicles, existing
employees, parts, etc., as outlined ill previous correspondences pertaining to an
interim contract, will continue to be necessary during this "modified" interim
contract period.
Jul 18 01 02: 23p
etvi
423 622 0744
p.3
In terms of costs during the interim that would be removed from a final contract, the
wageslbellefits for Ken Cox and travel add up to $8,932.
It should be noted that not included in the above are wages and/or travel for employees of A VS,
CARTA and EMS. We will delay the visit by Clifford Lowrance from CARTA until such time
that a final contract is completed. Any work by A VS and/or EMS will be covered through
warranty or be paid for separately by the MBTMA.
The committee has insisted that ETVI and A VS have a signed agreement. We will work out
such agreement with A VS and have no concerns that such agreement will be secured. However,
in the interest oftime, and because A VS is not included in tills "modified" interim proposal, we
have not included the agreement with this letter.
We have tried to respond to your requests as quickly as possible. I sincerely hope that the next
correspondence we receive from you are the approval to begin.
Sincerely,
Co: Bob Diehl
Ioe Ferguson
CITY OF MIAMI BEACH
CITY MANAGER
Interoffice Memorandum
(MsQ ;)oo{- 2L(<{qO
m
\.
To:
Jorge M. Gonzalez
Director of Public Works
Date: August 3, 2001
From: Robert C. Middaugh
Assistant City Manager
Subject: ELECTROWAVE -I ERIM AGREEMENT
Attached please find the revised Interim Agreement for the Electirc Transit Vehicle
Institute. The agreement has been reviewed by Fred Beckmann, the Public Works Director
and form approved by Legal.
RCM/FB/JJ:dgh
cc: Fred Beckmann, Public Works Director
Joseph W. Johson, 111, Transportation/Concurrency Management Director
Amelia Johnson, Transportation Coordinator
v!z 7/ 0 I
01 / ;) ff 16
-,f)
- /'
~ /01
~ f ~...;![ /,00