Loading...
2002-25014 Reso RESOLUTION NO. 2002-25014 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7THS VOTE , THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GENERAL MANAGEMENT AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA), IN THE AMOUNT OF $2,310,000, FOR THE PERFORMANCE OF GENERAL MANAGEMENT SERVICES FOR OPERATIONS AND ADMINISTRATION OF THE ELECTROWAVE SHUTTLE PROJECT; AUTHORIZING THE ADVANCEMENT OF ONE FOURTH OF THE '" ADOPTED FISCAL YEAR 2002-03 ELECTROWAVE OPERATING BUDGET FUNDS TO MBTMA, ON A QUARTERLY BASIS; PROVIDING FOR THE FILING OF QUARTERLY FINANCIAL AND ADMINISTRATIVE REPORTS AND ANNUAL AUDITS; AND FURTHER PROVIDING FOR THE RETURN OF ALL UNUSED FUNDS TO THE CITY, AT THE CLOSING OF THE CONTRACT YEAR. WHEREAS, in 1996, the City of Miami Beach, in partnership with the Florida Department of Transportation (FDOT), created a non-profit organization, known as the Miami Beach Transportation Management Association (MBTMA), specifically to research, develop, and implement programs and services that would help reduce the number of single automobile trips in the City; and WHEREAS, MBTMA developed and helped implement the Electrowave Shuttle Service to South Beach (the Project), and acted as overseer of the Project's contracts and services from its inception in January 20,1998 through September 30,2001, on behalf of the City; and WHEREAS, in order for the Electrowave Shuttle Service to produce the results desired by the City, in FY 2001-02, MBTMA was hired as the General Manager for Operations and Administration of the Project, and was given a large degree of autonomy in decision- making and actions, and to have control over all facets of the Project and its operating funds; and WHEREAS, as General Manager, MBTMA brought the Project services back to their original level of efficiency and effectiveness, within the City prescribed six-month period; and WHEREAS, the City wishes to rehire MBTMA as the Project's General Manager; and WHEREAS, the adopted Fiscal Year 2002-03 Electrowave Operating Budget is $2,310,000; and WHEREAS, the Project budget includes a Project Administration category, in the amount of $160,000, as direct compensation to MBTMA for performance of the general management services, above mentioned; and f~, WHEREAS, the City shall advance, on a quarterly basis, one-fourth of the FY 2002-03 Electrowave Operating Budget funds to MBTMA, to cover all Project expenditures during that quarter; and WHEREAS, the City shall advance the quarterly funds, via wire transfers to a special account established by MBTMA with a chosen financial institution; and WHEREAS, MBTMA shall abide by all City, County, State and Federal rules and regulations which apply to the Project; and WHEREAS, MBTMA shall file quarterly expenditure/progress reports with the City documenting and accounting for the use of the Project funds; file Section 15 Reports as required by the Federal Transit Administration (FTA) Section 5309, for the federal funds awarded to the Project; and WHEREAS, the submission of a Final Report of Expenditures, and Annual Audit are also required. 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 waive, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approve and authorize the Mayor and City Clerk to execute a General Management Agreement, between the City of Miami Beach and the Miami Beach Transportation Management Association (MBTMA), in the amount of $2,310,000, for the performance of General Management Services for Operations and Administration of the Electrowave Shuttle Project; authorize the advancement of one fourth of the Fiscal Year 2002-03 Electrowave Operating Budget funds to MBTMA, on a quarterly basis; provide for the filing of quarterly reports and annual audits; and further provide for the return of all unused funds to the City, at the closing of the contract year. PASSED AND APPROVED this the 26th September ,2002. ATTEST: _~r E~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\WORK\$TRA\AMELlA\LOPES\EW AGRTMA.WPD ;t~.. ". 9-'3..0 V ttorney Dc'!" CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m ""'=""" Condensed Title: A Resolution waiving competitive bidding requirement and authorizing the execution of a General Management Agreement with MBTMA, in the amount of $2.31 million, for management, operation, and administrative services to the Electrowave Shuttle Project; authorizing the advancement of one fourth of the adopted FY 2002-03 budget funds to MBTMA, on a quarterly basis; establishing reporting and auditing re uirements, and for the return of all unused funds to the Ci , b closin of the contract ear. Issue: Shall the City contract with MBTMA for general management services to the Electrowave Project? Item Summarv/Recommendation: MBTMA has performed well as General Manager of the Electrowave Shuttle Project, and has brought the shuttle services back to full operation during FY 2001-02, as previously mandated by the City Commission. In addition, MBTMA's experience with an all electric-battery transit system is not easily duplicated around the Country. Therefore, it is advisable to waive bid requirements and contract once again with MBTMA for the upcoming budget year. A results-oriented general management contract is being proposed for approval, which includes a detailed Scope of Services; refined Goals and Performance Standards based on which MBTMA services will be evaluated/measured on a quarterly and/or annual basis; as well as the Electrowave-related duties retained by the City. As General Manager, MBTMA is proposed to receive quarterly wire transfers at one/fourth of the $2.31 million FY 2002-03 Electrowave Operating Budget, which carry strict reporting and auditing requirements. Due to the above reasons, the Administration recommends approval of a FY 2002-03 General Management Agreement with MBTMA for operating, administrative, and manaQement services to the Electrowave Proiect. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 $2,310,000 Adopted FY 2002-03 Electrowave Ooerating BudQet. A oreviousitem D 2 on this City Commission Agenda. 3 4 Finance Dept. Total $2,310,000 City Clerk's Office Legislative Tracking: I Amelia Johnson sistant City Manager City Manager \\CH2\VOL 1\WORK\$TRA\AMELlA\ELECTWVE\EWMBTMA03.CIS.doc AGENDA ITEM DATE R7k 9-~6 -0 2.. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM' Date: September 26, 2002 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \~ City Manager O' 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY SnTHS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GENERAL MANAGEMENT AGREEMENT, BETWEEN THE CITY AND THE MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA), IN THE AMOUNT OF $2,310,000, FOR THE PERFORMANCE OF GENERAL MANAGEMENT SERVICES FOR OPERATIONS AND ADMINISTRATION OF THE ELECTROWAVE SHUTTLE PROJECT; AUTHORIZING THE ADVANCEMENT OF ONE FOURTH OF THE FISCAL YEAR 2002-03 ELECTROWAVE OPERATING BUDGET FUNDS TO MBTMA, ON A QUARTERLY BASIS; PROVIDING FOR THE FILING OF QUARTERLY FINANCIAL AND ADMINISTRATIVE REPORTS, AS WELL AS ANNUAL AUDITS; AND FURTHER PROVIDING FOR THE RETURN OF ALL UNUSED FUNDS TO THE CITY, BY CLOSING OF THE CONTRACT YEAR. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS This item is contingent upon approval of the proposed FY 2002-03 Electrowave Operating Budget, submitted as a previous item on this City Commission Agenda. From October 1997 through September 2001, the City contracted with the Miami Beach Transportation Management Association (MBTMA) solelv as an overseer of the Electrowave Shuttle operations, while the City retained the decision making and implementation powers, as well as the mechanical maintenance of the shuttle vehicles and batteries. This arrangement adversely impacted the Electrowave Service, which reached critical status between April and September 2001. Consequently, beginning October 1, 2001, the City hired MBTMA as the General Manager for Administration and Operations, and made MBTMA solely responsible and accountable for all aspects of the Electrowave Project. September 26, 2002 Commission Memorandum MBTMA Agreement for Electrowave Page 2 One year later, the Administration is pleased to report that MBTMA has performed well in its new position, and has brought the Electrowave Shuttle Service (the Project) to its original level of efficiency and effectiveness. Therefore, the Administration recommends that MBTMA be re-hired as the Project's General Manager in FY 2002-03. A detailed Scope of Services is included herein as Exhibit .~" and made part of the proposed General Management Agreement with MBTMA. A summary of MBTMA's main duties regarding the Project follows: l:l MBTMA abides by the City-adopted annual Electrowave Operating Budget. l:l Receives quarterly wire transfers of one fourth of the annual operating funds. l:l Ensures proper expenditures and accounting of Project operating funds. l:l Files quarterly expenditure and administrative reports with the City. l:l Abides by Federal/State/City procurement requirements. l:l Contracts with and supervises the work of all firms/organizations that provide services to the Project. l:l Prepares/files quarterly invoices/requests for reimbursements with FDOT and FTA, which help fund Project operations. l:l Administers and monitors the fare collection and depositing processes. o Responsible for marketing, public relations, and promotional services, as well as for the on-board advertising program. l:l Performs route management and scheduling, and personnel training. l:l Handles all passenger complaints and other service-related challenges. o Submits annual audit reports prepared by a professional accounting firm, as required. o Searches and applies for new funding sources (operating and capital funds). o Prepares and files with FT A all required paperwork relating to capital and operating (CMAQ) funds that have been earmarked for the' Project. l:l Furnishes data/material needed for items requiring City Commission approval. l:l Responds to requests made by the City elected officials and/or Administration regarding the Project. A set of measurable Goals and Perfonnance Standards is also included herein as Exhibit liB" and made part of the General Management Agreement with MBTMA. The City conducts quarterly evaluations of MBTMA's performance, based on the above-mentioned standards. The City retains the following duties (Exhibit "C', regarding the Electrowave Project. l:l All major policy decisions regarding the Project continuation and/or expansion. l:l Approval of annual budgets, including City funding participation/local match. l:l Custody over the project operating funds. l:l The City advances one-fourth (1/4th) of the operating funds (Electrowave Budget) to MBTMA, on a quarterly basis, via wire transfers. l:l Full custody and responsibility over the project capital funds. o Ownership of all funds reimbursed by State, Federal and other agencies, which help fund the Project. September 26, 2002 Commission Memorandum MBTMA Agreement for Electrowave Page 3 City-retained duties (continuation) [J Consideration, approval, and execution of funding agreements with County, State, and Federal agencies, as applicable; [J Preparation of all City Commission Agenda Items and L TCs regarding the Project; [J Provision of shuttle buses, equipment, and facilities from which the services are operated. Also attached, as Exhibit "D"to the General Management Contract, you will find MBTMA's proposed budget for the specific administrative service costs to be incurred by MBTMA in the performance of its general management duties. CONCLUSION: The Administration believes it to be in the best interest of the City to waive competitive bidding and continue contracting with MBTMA, for the following reasons: [J MBTMA is a non-profit 501(c)(4) organization, created by the City and FDOT, specifically to develop, promote, and help implement alternative modes of transportation in Miami Beach, the first one being the Electrowave Shuttle Service. Both the City and FDOT have funded MBTMA, as a non-profit entity, since 1996. [J As a major funder and supporter of the Electrowave Shuttle Project, FDOT and FT A have agreed to the transfer of Electrowave Project funds to MBTMA, due to FDOT's positive experience with funding and working with MBTMA for the last seven years. [J MBTMA's level of technical expertise, on-the-job experience, enthusiasm and commitment in managing an all electric circulator shuttle service is unique in this Country and difficult to replace. [J During its first year as General Manager for Services and Administration (FY 2001-02), MBTMA met or exceeded all goals and performance standards established by the City for the Electrowave Project, and the eleven (11) shuttle vehicles are back in full service. The Administration recommends that MBTMA be hired, once again, as the General Manager for Services and Administration of the Electrowave Shuttle Project. JMG/Rwl!fw/PW/JJ/AJ Attachment: General Management Agreement (with its Exhibits I~"to "D') F:\WORK\$TRA\AMELIA\ELECTWVE\EWTMA02.memo.doc ~AGEMENTAGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE MIAMI BEACH TRANSPORTATION ~AGEMENT ASSOCIATION (MBTMA) FOR THE PROVISION OF GENERAL MANAGEMENT SERVICES FOR ADMINISTRATION / OPERATIONS OFTHEELECTROWAVE SHUTTLE PROJECT DURING FY 2002-03 THIS ~AGEMENT AGREEMENT made and entered into this c;X(p day of 5blfkLM. ~ , 2002, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 and the MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION-MBTMA (hereinafter referred to as Consultant), a non- profit, public-private 501(c)(4) organization, which address is 777 41st Street, Suite 330, Miami Beach, Florida 33140. SECTION 1 DEFINITIONS Agreement: This written General Management Agreement for Operations and Administration of the Electrowave Shuttle Service, between the City and Consultant. City Manager: The Chief Administrative Officer ofthe 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, in this case, the Miami Beach Transportation Management Association (MBTMA). Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement, as described in Section 2. Project Coordinator: An individual designated by the City to coordinate, direct and review, on behalf of the City, all quarterly and other reports to be submitted by the Consultant to the City, as described in Section 2. 1 Fixed Fee: Quarterly amounts to be transferred to the Consultant to cover the costs of the Services, as described in Section 3. 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. 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 COMPENSATION 3.1 FIXED FEE Consultant shall receive quarterly wire transfers from the City for the Services to be provided herein in an amount not to exceed Two Million, Three Hundred Ten Thousand and 00/1 00 Dollars ($2,310,000), for the Services set forth in Exhibit "A" hereto. Of the above mentioned funds, $160,000 are included as direct compensation for the Services being provided by the Consultant for the Electrowave Shuttle Service. Consultant shall place all funds transferred by the City to the Consultant in an account designated solely and exclusively for general management of operations and administration of the Services. 3.2 METHODOFPAYMENT Four quarterly fund transfers shall be made to the Consultant, beginning from the execution of this Agreement, which effective date is October 1, 2002. Consultant shall be required to submit quarterly financial, management, and administrative reports, and other submissions which detail the Consultant's work performed each quarter, as set forth in Exhibit" A". Each quarterly payment shall be made in an amount not to exceed one fourth of the adopted FY 2002-03 Electrowave Operating Budget, excepting the third quarter when the liability insurance coverage on the entire shuttle fleet is due for renewal. In addition, the City shall deduct from each quarterly transfer, whatever funds have remained unused by the Consultant during the previous quarter. 2 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, 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 4.2.1 The City shall evaluate the Consultant's performance on a quarterly and annual basis, utilizing a set of parameters established by the City, and agreed to by the Consultant, as set forth in Exhibit "B," entitled "Goals and Performance Standards." 4.2.2 The City shall provide certain goods and services to the Electrowave Shuttle Project, as set forth in Exhibit "C," "Duties of the City." 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 a qualified individual acceptable to the City to serve as General Manager for the Services, who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.5 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of twelve (12) months, commencing on October 1,2002, and ending September 30,2003. Funding for any additional term(s) shall be approved by the City and be contingent upon a favorable evaluation of the MBTMA by the City and the Florida Department of Transportation (FDOT). Notwithstanding the aforestated 3 language, however, the City shall have no future obligation to renew this Agreement beyond the twelve-month term set forth herein. 4.6 TIME OF COMPLETION The Services to be rendered by the Consultant will commence on October 1, 2002, and will continue the services that the Consultant has been developing and implementing for the City, since the execution of the first Agreement with the City, which was effective January 1, 1996. Consultant shall adhere to a completion schedule, if so determined by the City and Consultant. 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse by Consultant or the parties shall be approved in writing by the City. 4.8 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which proximately result from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree 4 to give the other party prompt written notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Subsection has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of the work the following Insurance: 1. Professional General Liability in the amount of $1,000,000.00. 2. Workers Compensation & Employers Liability, as required pursuant to Florida statute. 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. 5 4.9.1 ENDORSEMENTS All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.9.2 CERTIFICATES Unless directed by the City otherwise, the Consultant shall not commence the Services until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Subsection (in its entirety) have been met and provided for. 4.10 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 ofthis 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. 6 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 SEVEN (7) 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 SUBSECTION, CONSULTANT SHALL RETURN TO THE CITY A PROPORTION OF THE $50,000 IN FUNDS THAT WILL BE FRONTED BY THE CITY TO THE CONSULTANT, AS A LUMP-SUM AMOUNT. 4.10.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. 4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions 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 Chanees and Additions This Agreement shall only be modified, changed or amended by an instrument of equal dignity, executed by the officers and agents duly authorized by each respective party. 7 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. 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, and place of birth, marital status, disability, or sexual 8 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 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. 2.18 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 Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or 9 may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Miami Beach Transportation Management Association (MBTMA) Judy I. Evans, Executive Director 777 418t Street, Suite 330 Miami Beach, Florida 33140 (305) 535-9160 (305) 535-9157 - fax mbtma@earthlink.net TO CITY: City of Miami Beach Fred Beckmann, Director of Public Works Proj ect Coordinator 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 (305) 673-7000, Ext. 6185 (305) 604-2498 - Fax fredbeckmann@ci.miami-beach.fl.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 Proj ect Coordinator Attn: Amelia Johnson City of Miami Beach 1700 Convention Center Dr. 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 JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. 10 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. 4.21 LIMITATION 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 $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1 0,000. 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 $10,000 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. 11 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: ~~~ ~~ City Clerk FOR CONSULTANT: MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION (MBTMA) ATTEST: Corporate Seal APPROVEDNJ1O FORMaLANGUAGI . FOR EXECUTION \\CH2\VOLl \ WORK\$TRA\AMELIA \FORMS\MBTMA.agrmt.doc 12 EXHIBIT "A" SCOPE OF SERVICES (MBTMA DUTIES) MANAGEMENT AGREEMENT FOR THE ELECTROWAVE SHUTTLE PROJECT For the upcoming FY 2002-03, the Administration proposes to retain the Miami Beach Transportation Management Association (MBTMA) as the General Manager for administration and operations of the Electrowave Shuttle Project. Among the MBTMA duties, the following are the most important: Financial/Accounting Duties: o MBTMA will abide by the adopted FY 2002-03 Electrowave Operating Budget, in the amount of $2,310,000. o Submit a written request to the City's Transportation/Concurrency Division for the advancement of funds by the City, based on projected expenditures for each upcoming quarter of the year. The City will advance the requested amount of quarterly funds, out of the adopted Electrowave Operating Budget. Note: this written request for advancement does not apply to the first quarter of the fiscal year (October-December 2002), when the City will automatically advance one-fourth of the total budget funds to MBTMA. o Maintain an Electrowave bank account that is separate and independent of the MBTMA bank account, and suitable to receiving wire transfers. o Maintain a detailed accounting system for the project. o Ensure proper expenditures of Electrowave operating funds, as budgeted; and review, approve and pay all invoices. o Maintain computer spreadsheets and comprehensive file system for accounts paid. This practice will help ensure budget control, and maintain daily expenditure and balance totals. o Prepare and submit quarterly expenditure reports to the City-designated Project Manager, attn: Transportation Coordinator, documenting how advanced funds were spent during the particular month. Similar report shall also be submitted to the Florida Department of Transportation (FOOT) and Miami-Dade Transit (MDT), and the Federal Transit Agency (FTA), if so required by these agencies. Scope of Services/MBTMA Duties Page 2 o Utilizing accounts-paid documentation, prepare and submit Quarterly invoiceslrequests for reimbursements with the various State, County, Federal and other grant agencies helping fund the Electrowave operations. In addition, a transmittal letter and standard City invoice, signed by the City's Project Coordinator shall always accompany the quarterly requests for reimbursement. o All fund reimbursements shall be payable to the City of Miami Beach and addressed to the City's Finance Department. o City maintains the right to audit books at anytime using internal or external auditors. o Submit to City a Projected Expenditure Report plus a Proposed Budget with identified funding sources for the new fiscal year, no later than August 31,2003. o Submit a Final Expenditure Report no later than October 31, 2003. o Submit to City and other funding agencies an annual Audited Financial Statements, prepared by a professional accounting firm. Procurement Duties: o Coordinate and manage all functions necessary to procure a route service operator, vehicle maintenance, electricity, propane and fuel, marketing, public relations, and advertising, and miscellaneous goods and services. These services include the preparation of requests for proposals and bids, contract requirements, documents, negotiations, hiring and firing. o Abide by Federal, State and City procurement requirements; o Work closely with the appropriate City personnel when preparing and submitting requests for qualifications, proposals, or bids; and during annual budget preparation. In addition, furnish all data and materials needed for the preparation of items requiring City Commission approval. o Contract with a transit operator for the operation of the existing shuttle routes, utilizing the transit operator's own drivers, dispatchers, and supervisors; o Contract with the Electric Transit Vehicle Institute (ETVI), which has successfully provided technical expertise and mechanical maintenance services to the electric buses and batteries, since August 6, 2001. o Contract for other services needed for the proper delivery of duties regarding the shuttle project, but within the constraints of the City-adopted operating budget for the Project. Scope of Services/MBTMA Duties Page 3 Revenue-Producing Duties: o Utilize and pay for a proportional share of a contract the City's Parking Department has with Loomis Fargo for the retrieval, counting, and depositing of transit fare revenues collected by the shuttle service in a City/Electrowave-designated bank account. o Administer and monitor the fare collection and depositing processes. Reconcile passenger count data (paying customers minus Golden Passport riders) with collected fare revenue. o Coordinate a Park & Ride and debit card promotion, in partnership with the City's Parking Department. o Advertise, solicit and collect monthly dues from prospective customers for the on-board advertising program, which helps fund shuttle operations. All advertising revenues shall be deposited with the City cashier, utilizing a Electrowave-designated revenue account. General Duties: o Be solely responsible and accountable for all aspects of the Electrowave Project administration, management, operations and services. o Be solely responsible and accountable for the marketing, public relations, and promotional services of the Electrowave Project. o Develop and maintain documents and procedures for all areas of shuttle operation and fleet maintenance. o Strive to meeting and/or exceeding the set of Performance Standards for the Project per se and for the contractor services to the Project. MBTMA's performance as General Manager will be evaluated on a quarterly and annual basis, pursuant to these standards. o Establish and maintain most local, regional, and national contacts which are essential to the Electrowave project's continued success; search for new funding sources, and apply for additional funding to help meet the capital and operating needs of the project. o MBTMA shall be the City-designated expert and coordinator for FT A-related matters, including all report and/or application preparation, and filing requirements. o Electronically process and submit, on a timely manner, documentation and applications to FT A, for all federal operating and/or capital funds that have been earmarked and/or allocated for the Electrowave Project. City will review and electronically sign the packets prior to their submission to FT A. Scope of Services/MBTMA Duties Page 4 o Research all funding opportunities, prepare and submit applications to support the continuation of contracts and services. o Prepare all non-technical provisions for the Electrowave system, including verifying compliance with all Federal, State, County, and local requirements. o Perform route management/scheduling; plan and implement route enhancements, personnel training; and handle all passenger complaints and other service-related challenges. o Custodian of all Electrowave records, and in charge of all coordination with FOOT, MDT, FTA, and other funding and/or permitting agencies. o Monitor shuttle safety requirements and documentation. Prepare and file annual safety report with FOOT, which filing requires City signature. o Manage vehicle maintenance activities. o Monitor operations and quality of services on a daily basis. Analyze and implement changes as required to ensure efficiency and effectiveness. o Respond and resolve all complaints, and respond to any and all inquiries concerning the Project and its services. o Coordinate and conduct driver training and orientation, on a regular basis. o Survey the shuttle ridership on a quarterly basis and the South Beach community on an annual basis to monitor efficiency and effectiveness of services. Additional Reporting Duties: o Prepare any additional reports as required by the City, the Florida Department of Transportation (FOOT), the Miami-Dade Transit (MDT); prepare and file the Federal Transit Administration (FTA) Section 15 Reports, within required deadlines. o MBTMA will file all reports with the City's Transportation/Concurrency Management Division, and will report to the Department Director. o Prepare and file with the City, quarterly reports for all City-requested non-scheduled shuttle services, dates, purpose, and costs included. Alert the City when such non- scheduled services have the potential to exceed budget. o City maintains the right to audit MBTMA books at anytime using internal or external auditors. EXHIBIT "B" GOALS AND PERFORMANCE STANDARDS FOR MBTMA A set of Goals and measured Performance Standards has been established for the period of October 1, 2002 - September 30, 2003 for the general management services provided by the Miami Beach Transportation Management Association for the City's Electrowave Shuttle Project. MBTMA shall respond to all applicable goals when filing the required quarterly reports with the City. Such reports shall be filed with the City's Transportation/Concurrency Division, attn: Transportation Coordinator. A review meeting may be scheduled with the Director of Public Works, if needed. The FY 2002-03 Goals and Performance Standards are: 1. Increase by 50% the ridership on the Collins Route, by the end of the performance period (September 30, 2003). Quarterly progress reports shall be submitted. 2. Improve headways on the Washington Route service from the present 10-12 minutes to 8-10 minutes, by the end of the performance period (September 30, 2003). Quarterly progress reports shall be submitted. 3. Maintain shuttle availability at 80% of the existing fleet, or better. Quarterly progress reports shall be submitted. 4. Maintain the number of tows (road calls) to no more than 10 per month. Quarterly progress reports shall be submitted. 5. Establish and maintain a computer program to track and print out the following performance-related items, automatically and on demand. o Ridership counts by fiscal year, month, week, day, route, and totals o Gold Passport counts: same as above o Hourly ridership counts per bus/per route, after on-bus counters are purchased and installed. o Ridership counts during special events o Fare revenues o Loss of fare revenues due to special event services performed by rented buses. Quarterly progress reports shall be submitted. Goals and Performance Standards for MBTMA Page 2 6. Conduct bi-annual evaluations of service hours, ridership demands, and efficiency of service for submission to the City. Bi-annual progress reports shall be submitted. 7. By November 1, 2002, prepare and submit to the City a proposal for event-subsidized special services to help at least defray the non-budgeted costs of the rented buses and loss of fare revenue. 8. Monitor and evaluate communications between operations and fleet maintenance, conduct quarterly performance evaluations of both, and meet with City for review of results. Request that the respective contractors develop computer programs to help MBTMA track the below-mentioned performance measurements: o Safety/accident reports o Road calls o Battery service o Work orders submitted o Work orders completed. 9. On a quarterly basis, prepare/submit requests for reimbursement by both FOOT (Service Development Program), and FTA's Concurrency Mitigation and Air Quality (CMAQ) Program, which help fund Electrowave Operations. 10. Prepare and submit, electronically, the application papers required by FTA for the capital and operating funds that have been previously earmarked and/or allocated for the Electrowave Project. This shall be accomplished within a timeline that is mutually agreed upon, in writing, by the City and MBTMA. 11. All Electrowave and MBTMA-related items that require consideration and approval by the City Commission, shall be submitted to the Transportation/Concurrency Division no later than 30 days prior to the specified meeting date. F:\WORK\$TRA\AMELIA\ELECTWVE\EWTMA02.memo.doc EXHIBIT "C" SCOPE OF SERVICES (CITY DUTIES) ELECTROWAVE SHUTTLE PROJECT The City will retain the following duties regarding the Electrowave Shuttle Project (the Project): o Maintain ownership of all shuttle buses, equipment, tools, and facilities from which the services are operated. o Consideration and approval of all major policy decisions regarding the capital and operating Project funds and expenditure of future funds; o Consideration, approval and appropriation of annual budgets, after preparation and submission by MBTMA (including proposed City funding participation); o Maintain custody over the Project funds (capital and operating); o Transfer of one-fourth of the Project operatinQ funds to MBTMA, on a quarterly basis, beginning October 1, 2002, utilizing the procedures and method established in Section 2 of the General Management Agreement, as executed by the City and Consultant for the Project. o Consideration, approval, and execution of agreements with County, State, Federal agencies; o Review all reports and quarterly requests for reimbursement prepared by MBTMA, prior to their submission to the outside funding agencies. These will become official City submissions executed by an authorized City official, and submitted by MBTMA.. o Preparation of all City Commission Agenda Items and L TCs regarding the project, utilizing data and input provided by MBTMA; o Administrative, management and accounting services for the FTA-funded capital program. o All applicable City Departments shall invoice MBTMA for certain City-support services to the Electrowave Project, which may prove to be unsuited to outsourcing, such as certain internal service costs (sewer, water, etc.) and fare collection-related contract with the Parking Department/Loomis Fargo. F:\WORK\$TRA\AMELIA\ELECTWVE\EWTMA02.memo.doc . >'? '. EXHIBIT "D" MBTMA ELECTROWA VE CONTRACT MANAGEMENT BUDGET 2002/2003 1. IDENTIFIED FY 2002-03 ELECTROWAVE FUNDING SOURCES PROPOSED SOURCES OF FUNDING: Projected Proposed FY 2002 FY 2002-03 Clarification of Receivables Fund Sources Funding Source M.B. Paoong Enterprise Retained Earnings Congestion Mitigation & Air Quality Program Fund FOOT SeNice Development/Collins Route FOOT SeNice DevelopmentJWashington Route Concurrency Mitigation funds Projected Fare Collection Revenues Projected on-board advertising revenues TOTAL: $1,283,936.00 300,000.00 149,999.72 139,993.00 150,000.00 75,000.00 20.000.00 $2,118,928.72 $1,240,000 300,000 -0- 350,000 300,000 100,000 20.000 $2,310,000 City Contribution? FT A - both routes FDOTlWashington Local Contribution Recurring funds Recurring funds 2. MBTMA PROPOSED FY 2002-03 ELECTROWAVE BUDGET MBTMA MBTMA PROPOSED BUPGET Projected Proposed (12 buses) FY 2001-02 FY 2002-03 Expenditures Budget Explanations Ooeratina cateaories: 154 Unlfonns for Shuttle Drivers $ 4,800 $ 6,000 312 Miscellaneous Operating Costs 80,000 80,000 (1) 314 Electricity to Charge Batteries 32,000 35,000 315 Propane & Diesel Fuel 60,000 80,000 (2) 316 Office Telephones 100 100 343 Shuttle Operations Contract 1,030,000 1,124,900 (3) 345 MBTMA Project Management SeNices 144,250 160,000 (4) 349 Maintenance Contract 670,000 690,000 (5) 362 Infonnation SeNices (Marteting) 30,000 40,000 371 Insurance on 12 City-owned Shuttles 87,000 (11) . 92,000 (6) 503 FM Intemal SeNices Water/Sewer 2.000 2.000 TOTAL: $ 2,140,150 $ 2,310,000 (1) Includes fare collection contracts. shultIe Jnspec:tIonsIpe from County. mlnorseMce contrIIctS and ml8c;ellllleous Ilems. including serving as contIngenc:y to minor budget categories, if/as needed. (2)Covers cost of propane for ai' condIIioning and diesel fuel for service vehicle and diesel fuel for hybrid bus. (3)Covers cost of contract for operations of 12 ELECTROWA VE shuttle buseS (drivers, dispatchers and related operational costs). (4)Covers cost for admlnlstratlon and operations of the ELECTROWAVE shuttle service, management of project contracts. grants coordination and reporting, preparation of Invoices for submittal by the City to the appropriate State and Federal AgencIes. (5)Covers cost of contract for total maintenanCe of 12 ELECTROWAVE shuttle buses. (6)Covers cost of Insurance for Vehicle liability and Physical Damage Insurance on 12 City owned ELECTROWAVE buseS. "ELECTROWA VE" CONTRACT MANAGEMENT BUDGET 200212003 The following budget reflects actual projected expenses related to contract management for the electric shuttle project known as the "ELECTROWA VE." The budget does not duplicate duties, tasks, assignments and expenditures reflected in the current Miami Beach Transportation Management Association, Inc. (MBTMA) budget and Work Plan for year fiye of operations: SALARIES: (Includes Social security 8nd Employment Taxes) Executive Director $ 38,625 Salary covers costs for all aspects of managing the ELECTROWA VE project, including: . Review and authorization of any and all expenditures related to operations, maintenance, marketing, public relations, and all other applicable expenditures. . Coordinates all non-technical provisions for the project, including verifying compliance with all Federal, State and local requirements. . Coordinates all functions necessary to procure vehicle maintenance, operations, marketing, and public relations. Including preparation of contract requirements, requests for proposals and bids (as required by funding agencies) project negotiations and recommendations. . Authorizes capital, operating, and marketing expenditures for the project. Submits reviewed and approved invoices to the City for payment by the project budget. . Oversees configuration management functions associated with the project such as: Document Control, Change Requests, Change Control, Procedures Administration, and Project Management Plan Maintenance. Including responding to all information requests. . Prepares all information required for the development of Resolutions and the coordination of ,all information related to the project and service. (2) ELECTROW~ VE Contract Budget: Continued . Serves as custodian of all project records including coordination with the Florida Department of Transportation, Dade County Metropolitan Planning Organization, Clean Cities Coalition, Florida Alliance for Clean Technologies, Florida Department of Energy, Florida Department of Environmental Protection, and the International Council for local Environmental Initiatives, Southern Coalition for Advanced Transportation, Electric Transit Vehicle Institute, and the Metro Dade Transit Agency. . Researches, writes, and submits grant applications to seek funding on a continual basis for the purpose of supporting maintenance, operations, marketing, public relations and expansionlimprovement of the project's services; . Researches and obtains advertising revenue in support of the project. . Coordinates all aspects of farebox collection on vehicles. . Prepares and submits necessary reports to funding agencies as required. . Markets the ELECTROWA VE project - maintaining, updating, and circulating materials, etc.. . Monitors maintenance activities of each vehicle and collects information and repair data for reporting purposes. . Monitors shuttle stop locations for effectiveness and operations efficiency. . Monitors shuttle safety requirements and documentation. . Responds to any and all inquiries concerning the service, schedule, route, etc.. . Attends all community meetings concerning shuttle issues . Responds and deals with ridership complaints and concerns. . Justifies and Implements changes to the service as required for efficiency and quality management. (3) ELECTROWA VE Contract Budget: Continued . Makes fonnal presentations conceming the overall shuttle project, its development, and uniqueness. . Coordinates driver training and and conducts orientation sessions. Associate Director $ 27,868 Salary covers expenses in support of the Executive Director, including: . Assists with review of expenditures related to daily project operations and related written documentation. . Assists with coordination of all functions related to daily vehicle maintenance, operations, marketing and public relations. . Assists with preparation of contract requirements, proposals and bids including collection of required infonnation. . Provides support for technical research, grant development and grant applications. . Archives all reports as required. . Attends project meetings in the absence of the Executive Director. . Assists with the coordination and development of all reports, documents and collected data related to operations, maintenance, marketing, and public relations. . Assists with public presentations and workshops. . Assists with special events and activities. . Assists with maintaining, updating, and circulating project materials. . Monitors condition of shuttle stop signage at designated locations and coordinates necessary replacements/repairs. . Assists with ridership complaints and followups. (4) ELECTROW~ VE Contract Management: Continued . Assists with securing advertising revenue. . Assists with coordination and security of farebox revenues. . Coordinates conference and special presentation travel for contract management staff as required. . ,. Marketing Coordinator S 20,600 Salary covers costs related to marketing the shuttle project to the public, working directly with hotels, businesses, convention groups, the media, special events, serving on various city committees related to marketing the shuttle, community outreach, coordinating new marketing efforts and working with graphic designers on new marketing materials. Clerical Support S 14,638 Salary covers costs related to clerical support for the shuttle project including: . Completes all fonns and documents as required by the Executive Director and Executive Assistant for the project to include reports, grants, correspondence, fonns, marketing and infonnational documents, etc.. . Responds to all incoming telephone inquiries concerning the shuttle schedule and route. . Monitors and maintains brochure racks on vehicles. . . Coordinates all correspondence with Executive Director and Executive Assistant as assigned. . Assists with the development of marketing and public relations projects (coordination of materials, announcements, etc.). . Assists with development and completion of grant applications. . Provides general clerical support for the project and staff. TEMPORARY HOURLY SPECIAL PROJECT SUPPORT Covers the cost related to staff for special projects at hotels and businesses when employee workshops are held and for conducting survey projects. TRAVEL Covers costs related to staff travel @$.27 cents per mile to monitor shuttle system, and to maintain and distribute marketing materials. Includes costs related to travel at special project presentations for conferences, workshops, and meetings. Costs cover registrations, hotel and meals at City of Miami Beach per diem rate. OFFICElOPERAnNG SUPPLIES Covers cost of printing and copying required service documentation and funding reports for federal, state, county, city, and granting agencies, general office supplies, lease of copier for one year (present copier 12 years old no longer able to obtain maintenance contract - based on number of reports and documents this is a necessary expense to the project) copier supplies, printer and FAX supplies, materials related to the submittal of grant applications. POSTAGE Covers cost of mailing required operations documentation to city, state, federal grantees, mailing of general correspondence, response to public inquiries, mailing of marketing and advertising materials, and submittal of grant applications and reportslinv~ices. FIRST ANNUAL AUDIT OF PROJECT MANAGEMENT Includes all expenses related to audit of management, maintenance and operations of shuttle project as required by city, state and federal funding agencies. $ 17,019 S 5,000 S 9,000 S 3,500 S 5,250 PURCHASE OF. SHUTTLE SIGNS Purchase of replacement signs for those that are damaged, missing along the shuttle routes. PART-TIME CONTRACTED ACCOUNTING SERVICES Cost for retaining a part-time account to manage three complex accounts (to include payment of billings, tracking of invoicing and vendors, etc.) DEVELOPMENT PORTABLE DISPLAY & RACK UNIT To be used at special events. conventions, placement in the Convention Center, hotels, etc. promoting the shuttle and the city parking garages. CONTRACT TOTAL: $ 1,500 $ 12,000 S 5,000 $ 160,000