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2014-28682 Reso RESOLUTION NO. 2014-28682 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE (NCAC) AT ITS MEETING ON MAY 30, 2014 AND AUTHORIZING THE ISSUANCE OF AN INVITATION TO NEGOTIATE (ITN) FOR CAR SHARING SERVICES IN THE CITY OF MIAMI BEACH. WHEREAS, car sharing is an environmentally friendly program, similar in concept to the bicycle sharing program that allows users to rent vehicles by the hour and car sharing discourages the need to own an automobile which has numerous benefits to the user as well as the environment; and WHEREAS, the car sharing service that was provided by Hertz 24/7 in the City of Miami Beach has not met projected utilization and it is in the best interest of both parties to discontinue the program; and WHEREAS, on April 29, 2014, Hertz provided written notification to the City of its intent to terminate the Agreement on August 5, 2014, pursuant to Section I. (d)(2) of the Agreement, entitled, "Termination for Convenience," which requires a ninety(90)day written notice; and WHEREAS, car sharing is a viable mobility alternative that should remain as a mobility option in the City as it has been proven to be successful locally and nationally through different business models; and WHEREAS, on May 30, 2014, the City Administration sought guidance and direction from the NCAC with regard to the issuance of a formal competitive procurement process for car sharing services; and WHEREAS, on May 30, 2014, the NCAC recommended that the City Administration pursue the issuance of a formal competitive procurement process for car sharing services. NOW, THEREFORE, BE IT DULY 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 Neighborhood/Community Affairs Committee at its meeting on May 30, 2014 and authorize the issuance of an Invitation to Negotiate (ITN)for car sharing services in the City of Miami Beach. PASSED AND ADOPTED this day of GI 2014. ATTEST: �1 Rafael El it 1Cl 'k y: Ph' L , Mayon APPROVED AS TO INCORRP l; �TT n FORM & LANGUAGE T:\AGENDA\2014\Ju1y23\Pa g\Recomme d do �A6R-NCarShar' g.r • & FOR EXECUTION r City Attorney � Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting The Recommendation Of The Neighborhood/Community Affairs Committee And Authorizing The Issuance Of Invitation To Negotiate ITN 2014-277-SW For Car Sharing Services. Key Intended Outcome Supported: Improve parking availability. Supporting Data (Surveys, Environmental Scan, etc. : N/A Item Summa /Recommendation: Car sharing is another environmentally friendly program, similar in concept to the bicycle sharing program that allows users to rent vehicles by the hour. Car sharing discourages the need to own an automobile which has numerous benefits to the user as well as the environment. "Hertz 24/7" is the City's current sole car sharing service provider. Both Hertz and the City had high expectations for utilization of the service, particularly in the denser areas of the City; however,these expectations have not come to fruition. As such, the current car sharing model provided by Hertz is neither meeting ertz's nor the City's expectations. Nonetheless, the Administration believes that 9 Y p there may still be a need for this service across the City and that there are other car sharing service providers, including ZipCar and Cars2Go that have a successful presence both locally and nationally. Therefore, the City is seeking to release an Invitation to Negotiate (ITN) for firms interested in providing the City with options for a public car sharing service in order to continue promoting multimodal transportation options throughout the City. Proposers are encouraged to submit proposals for on-street car sharing, or off-street car sharing, or both. The intent is to provide residents, visitors, and tourists with an alternative mobility option in the form of an automobile with user fees assessed by minute, hour, or day and is easily accessible at any on-street or off-street parking space, The Neighborhood/Community Affairs Committee has endorsed exploring additional car sharing options and has recommended that the City pursue a formal competitive procurement process to evaluate potential car sharing services. The resulting ITN is attached. RECOMMENDATION Accept the recommendation of the Committee and approve the issuance of the ITN. Advisory Board Recommendation: The Neighborhood/Community Affairs Committee, at its May 30, 2014 meeting, recommended that the City pursue a formal competitive procurement process to ascertain the car sharing services and related cost. Financial Information: Source of Amount Account Funds: 1 N/A Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-On: De ent D1irqq1pr Assiistqfl!4f-!ty manager City M ' a er AD otV SF KGB Alvil MT JLM T:\AGEND 014\Ju1y\Procurement\ITN 2014-277-SW ca haring Services SUMMARY 20140701.doc AGENDA ITEM 7 _ MIAMIBEACH DA.TE 12 MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members c the City Co mission FROM: Jimmy L. Morales, City Manager DATE: July 23, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA TO ACCEPT THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND AUTHORIZE THE ISSUANCE OF AN INVITATION TO NEGOTIATE (ITN) 2014-277-SW FOR CAR SHARING SERVICES. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and Commission accept the recommendation of the Neighborhood/Community Affairs Committee and approve the issuance of the ITN 2014-277-SW for a Car Sharing Services. KEY INTENDED OUTCOME Improve parking availability. FUNDING This is revenue generating with no expense to the City. BACKGROUNWANALYSIS Car sharing is another environmentally friendly program, similar in concept to the bicycle sharing program that allows users to rent vehicles by the hour. Car sharing discourages the need to own an automobile which has numerous benefits to the user as well as the environment. "Hertz 24/7" is the City's current sole car sharing service provider. Hertz has an Agreement with the City for a five year term which commenced on January 24, 2012, and expires on January 23, 2017, and one five (5) year renewal option, at the sole discretion of the City. The agreement calls for a graduating deployment of vehicles at each of the City's garages, up to a maximum of 100 vehicles. Currently, Hertz is in compliance with their deployment schedule and has at least 35 vehicles deployed among all municipal garages. Hertz pays a monthly parking access card fee of$75, per space, and there is a revenue sharing provision which is triggered in Year 3 of the Agreement. Both Hertz and the City had high expectations for utilization of the service, particularly in the denser areas of the City; however, these expectations have not come to fruition. Pursuant to statistics provided by Hertz, for the calendar year 2013, there were 3,088 registered customers; a total of 2,402 transactions; and an average usage of eight days per month. This equates to an average monthly utilization rate of 7.68%, a metric used by Hertz to measure usage. Hertz's own goal for monthly utilization is 30%. As such, the current car sharing model provided by Hertz is neither meeting Hertz's nor the City's expectations. Nonetheless, the Administration believes that there may still be a need for this service across the City and that there are other car sharing service providers, including ZipCar and Cars2Go that have a successful presence both locally and nationally. Therefore, the City is seeking to release an Invitation to Negotiate (ITN) for firms interested in providing the City with options for a public car sharing service in order to continue promoting multimodal transportation options throughout the City. Proposers are encouraged to submit proposals for on-street car sharing, or off-street car sharing, or both. The intent is to provide residents, visitors, and tourists with an alternative mobility option in the form of an automobile with user fees assessed by minute, hour, or day and is easily accessible at any on-street or off-street parking space, 24 hours a day, seven days a week. July 23, 2014 City Commission Meeting Car Sharing Services—ITN Page 2 The City is seeking firm(s) with the experience and ability to develop, implement, and maintain the proposed use of a full service car sharing system. Services shall include, but not be limited to: • Diverse vehicle types, sizes, costs, maintenance and operations inclusive of vehicle locations, parking arrangements and insurance coverage. • Comprehensive billing and accounting system able to process the City's needs as it relates to a municipal public car sharing system. • Web-based reservation/payment utilities that are user friendly, allowing access to the program and credit card payment 24 hours a day, 7 days a week, 365 days a year. • Mobile application and capability to interface, including communication and transmission of data, with the City's existing parking (or other) mobile application. • Technical support plan, including but not limited to a local presence capable of handling responses within 30 minutes, website, etc. • Membership program with incentives for frequent users and/or special events. In addition a Corporate discount program. • Monitoring/auditing features to ensure compliance with the parameters of the program and financial return to the City. • Marketing Plan that outlines existing marketing strategies as well as future initiatives which can be utilized to insure programs successful adoption by area residents and visitors. • Funding source for the development, implementation and management/operation of the program The Neighborhood/Community Affairs Committee has endorsed exploring additional car sharing options and has recommended that the City pursue a formal competitive procurement process to evaluate potential car sharing services. The resulting ITN is attached. MAJOR ITN REQUIREMENTS 1. MINIMUM QUALIFICATIONS Please Reference Section 0300, ITN 2014-277-SW. 2. SUBMITTAL REQUIREMENTS Please Reference Section 0300, ITN 2014-277-SW. 3. CRITERIA FOR EVALUATION Please Reference Section 0400, ITN 2014-277-SW. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of ITN 2014-277- SW for Car Sharing Services. ATTACHMENTS • Attachment A: ITN 2014-277-SW for a Car Sharing Services for the City of Miami Beach. JLM/K /SCT/AD T:\AGENDA\2014Wuly\Procurement\ITN 2014-277-SW Car Sharing Services MEMO.doc INVITATION TO NEGOTIATE (ITN FOR CAR SHARING SERVICES ITN 2014-277-SW ITN ISSUANCE DATE: JULY 24, 2014 PROPOSALS DUE: AUGUST 22, 2014 @ 3:00 PM ISSUED BY: Steven Williams -MIAMI Steven Williams, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6650 I Fax: 786.373. 4330 1 www.miamibeachfl.gov 19 /\/\IAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................................3 0300 SUBMITTAL INSTRUCTIONS & FORMAT ................................................................10 0400 PROPOSAL EVALUATION .......................................................................................12 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........14 APPENDIX B "NO PROPOSAL" FORM ............................................................................21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ....................................23 APPENDIX D COST PROPOSAL FORM ..........................................................................26 APPENDIX E INSURANCE REQUIREMENTS ..................................................................28 ITN 2014-277-SW Car Sharing Services 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO PROPOSERS&GENERAL CONDITIONS 1. GENERAL. This Invitation to Negotiate (ITN) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the "Proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this ITN results in an award. The City utilizes Public Purchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITN. Any prospective Proposer who has received this ITN by any means other than through Public Purchase must register immediately with Public Purchase to assure it receives any addendum issued to this ITN. Failure to receive an addendum may result in disqualification of Proposal submitted. 2. PURPOSE. The City of Miami Beach is seeking to procure a public car sharing service provider in order to continue promoting multimodal transportation options throughout the City. Proposers are encouraged to submit proposals for on-street car sharing, or off-street car sharing, or both. The intent is to provide residents, visitors, and tourists with an alternative mobility option in the form of an automobile with user fees assessed by minute, hour, or day and is easily accessible at any on-street or off-street parking space, 24 hours a day, seven days a week. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITN Issued July 24, 2014 Pre-Proposal Meeting August XX, 2014 @ X:XX p.m. Deadline for Receipt of Questions August 15, 2014 Proposals Due August 22, 2014 @ 3:00 PM Evaluation Committee Review TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado a()..miamibeachfl.gov ; or facsimile: 786-394-4188. The ITN title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date Proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Telephone: Email: Steven Williams (305)673-7000 x6650 Stevenwilliams @miamibeachfl.gov ITN 2014-277-SW Car Sharing Services 3 MIA/01 BEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). A Pre-Proposal conference, as scheduled in Solicitation Timetable, will be held at the following address: City of Miami Beach City Hall -4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Location may be revised as necessary to accommodate schedules. Proposers are encouraged to arrive early in the event of a change of location. PROPOSERS interested in participating in the meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644#(note that number is followed by the pound key) PROPOSERs who are interested in participating via telephone, should send an e-mail to the Procurement contact named herein, expressing your intent to participate via telephone at least one business day in advance of the meeting. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Public Purchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&stateID=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procuremenUscroll.aspx?id=23510 • CONE OF SILENCE...................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAM PAIGN,CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR-DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372 ITN.2014-277-SW Car Sharing Services 4 ® MIAMI BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449 I 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of Proposals and will make a reasonable effort to give at least three 3 calendar day's written P 9 ( ) Y notice of any such postponement to all prospective Proposers through Public Purchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the Proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2- 371 shall be barred. 11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747, as amended, a five (5) point preference will be given to a responsive and responsible Miami Beach-based Proposer. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, as amended, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. 13. DETERMINATION OF AWARD. The final ranking esults of Ste 1 & 2 outlined in Section V, Evaluation of g P Proposals, will be considered b the City Manager who may recommend to the City Commission that negotiations be P Y Y 9 Y Y approved with one or more Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all Proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City ode Section 2-369, including the following considerations: Y 9 9 (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will commence. 14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all Proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all Proposals within one- hundred twenty (120) calendar days after Proposals opening date. A Proposer may not withdraw its Proposals unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of Proposals opening. 15. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, ITN 2014-277-SW Car Sharing Services 5 ® MIAMI BEACH and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 16. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, -or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 17. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 18. TAXES. The City of Miami Beach is exempt from all Federal-Excise and State taxes. 19. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this ITN. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 20. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be submitted in a format consistent with the Purchase Order. 21. PATENTS& ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from.liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, exception, exce device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without p , that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any Y wa involved in the work. 22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner n in accordance with all applicable Local State Count and Federal laws rules regulations and codes. Lack of and acco ace pp y, g knowledge. or ignorance by the- Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents,for failure to comply with applicable laws. ITN 2014-277-SW Car Sharing Services 6 ® MIAMI BEACH 23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 24. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 25. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 26. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 27. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 28. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 30. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's Proposal in response to the solicitation. E. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be 'furnished hereunder, the decision of the City shall be final and binding on all parties. ITN 2014-277-SW Car Sharing Services 7 ® /V dAMI 31. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and -costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall -pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Add itional.extensions past the,120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, (d) Meet all requirements for retaining public records and transfer, at no-cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 34. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not -be considered. Proposals shall -be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 35. EXCEPTIONS TO ITN. Proposers must.clearly indicate any exceptions they wish to take to any of the terms in this ITN, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the ITN to which Proposer took exception to (as said term and/or condition was originally set forth-on the ITN). ITN 2014-277-SW Car Sharing Services 8 ® MIA I EAR 36. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. (BALANCE OF PAGE INTENTIONALLY LEFT BLANK) ITN 2014-.277-SW Car Sharing Services.. 0 M 1 AF B I EAR SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED PROPOSALS. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, five (5) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein. Any Proposal received after the deadline established for receipt of Proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Proposals, it is strongly recommended that Proposals -be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. Experience&Qualifications 12.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience P 9 g g and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each Proposal team member to be assigned to this contract. P 9 2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No Proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as-possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800.424.2495. ITN 2014-277-SW Car Sharing Services 10 0 MIAMI BEACH Scope of Services Proposed 3.1 Submit detailed information addressing how Proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. 3.2 Proposers should submit the following requirements: (1) Operations/Implementation Plan; (2) Technical Plan; and (3) Marketing Plan. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. : - Cost and Revenue Proposal (On-Street) Group 1 4.1 Proposers may submit a proposal for On-Street. 4.2 Proposers must provide User Fees and Financial Return to the City to be responsive. 4.3 Estimated amounts or quantities are for comparison purposes only and do not imply any specific order amount or guaranteed order. Any and all costs to the user must be included in the cost proposal submitted to the City. 4.4 For Group I there will be a maximum of 15 points assigned for User Fees and 25 points for Financial Return to the City. Within the User Fees,the various costs will be evaluated on a weighted scale assigning: 10% for annual membership charge, 70% for per minute charge, 10% for per hour charge, and 10% for per day charge t maximum of 100%to determine the weighted cost per fee type. The sum of all fee types will total the total weighted cost. 6"':M Cost and Revenue Proposal (Off-Street)Group II 4.1 Proposers may submit a proposal for Off-Street. 4.2 Proposers must provide User Fees and Financial Return to the City to be responsive. 4.3 Estimated amounts or quantities are for comparison purposes only and do not imply any specific order amount or guaranteed order. Any and all costs to the user must be included in the cost proposal submitted to the City. 4.4 For Group II there will be a maximum of 15 points assigned for User Fees and 25 points for Financial Return to the City. Within the User Fees,the various costs will be evaluated on a weighted scale assigning: 10% for annual membership charge, 70% for per minute charge, 10% for per hour charge, and 10% for per day charge t maximum of 100%to determine the weighted cost per fee type. The sum of all fee types will total the total weighted cost. Note: After Proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). ITN 2014-277-SW Car Sharing Services MIAMI CIA M SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: • review and score all Proposals received, with or without conducting interview sessions; or review all Proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Step Points Proposer Experience and Qualifications,including Financial Capability 30 Scope of Services Proposed 30 i p TOTAL 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-Quantitative Criteria Cost Proposal- User Fees 15 Cost Proposal- Financial Return to the City 25 Miami Beach-Based Vendor Preference 5 Veterans Preference 5 POINTS TOTAL AVAILABLE 7STEP 2 4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Weighted Cost(User Fees) Vendor Vendor Example Maximum Formula for Calculating Points Total Cost Allowable Points (lowest cost 1 cost of proposal Points Proposal (Points noted are for being evaluated X maximum Awarded illustrative purposes only. allowable points=awarded Actual points are noted above.) points) Round to Vendor A $100.00 15 $1001$100 X 15=15 15 Vendor B $150.00 15 $1001$150 X 15=10 10 Vendor C $200.00 15 $1001$200 X 15=8 8 ITN 2014-277-SW Car Sharing Services 1, 0 MIAMI 5. Sample Objective Formula for Weighted Revenue Financial Return to City Vendor Vendor Example Maximum Formula for Calculating Points Total Cost Allowable Points (revenue of proposal being Points Proposal (Points noted are for evaluated/highest revenue X Awarded illustrative purposes only. maximum allowable points- Actual points are noted awarded arded points) Round to Vendor A $200.00 25 $2001$200 X 25=25 25 Vendor B $150.00 25 $1501$200 X 25=19 19 Vendor C $100.00 25 $1001$200 X 25=13 13 Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: IProposer A Proposer IS Proposer C Step 1 Points 82 76 80 Step 2 Points 10 7 5 Committee Total 92 84 85 Member 1 Rank 1 3 2 Step 1 Points 90 85 72 Step 2 Points 10 7 5 Committee Total 100 92 79 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 10 7 5 Committee Total 90 81 72 Member 2 Rank 1 2 3 Aggregate Low * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. ITN 2014-277-SW Car Sharing Services 13 APPENDIX A M I-A./M I- B EAC H Proposal Certificati-on . - Questionnaire & Requirements Affidavit ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 nN [0ie.n5w Car Sharing Services 14 Solicitation No: Solicitation Title: CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH ITN 2014-277-SW Procurement Contact: Tel: Email: Steven Williams 305.673.7000 x6650 Stevenwilliams@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITN 2014-277-SW Car Sharing Services 15 1. Miami Beach Based(Local)Vendor. Is Proposer claiming Miami Beach based firm status? 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, as amended, to demonstrate that the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business. Is Proposer claiming a veteran owned business status? 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748,as amended. 3. Conflict Of Interest.All Proposers must disclose, in their Proposal, the name(s)of any officer,director, agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any.City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 4. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. ITN 2014-277-SW Car Sharing Services 16 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 9. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall-be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13(October 1, 2012),the hourly living rate will be$11.28/hr with health benefits,and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractors employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 0 YES 0 NO B. Does your company provide or offer access to any benefits to employees with(same or o pposite sex)domestic partners*or to domestic partners of employees? 0 YES 0 NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave —Family Medical Leave Bereavement Leave ITN 2014-277-SW Car Sharing Services 17 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 11. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, Proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum.to_.the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in Proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Recei t Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITN 2014-277-SW Car Sharing Services 18 'DISCLOSURE • The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own inve3tigations, interpretations, and analyses:The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITN 2014-277-SW Car Sharing Services 19 o•s CERTIFICATION hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged, discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposers Authorized Representative: Date: State of FLORIDA ) On this day of , 20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: ITN 2014-277-SW Car Sharing Services 20 APPENDIX B ./0 1 A/V\ I BE o Bid " Form ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 ® ® w w w ITN 2014-277-SW Car Sharing Services 21 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Steven Williams PROPOSAL #2014-277-SW 1700 Convention Center Drive MIAMI BEACH, FL 33139 ITN 2014-277-SW Car Sharing Services 22 APPENDIX C MIA/\,n ! BEACsH Minimum Requirements & Specifications ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 ITN eoia,nsw Car Sharing Services 23 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non- responsive and will not be considered. 1. The Proposer must have a verifiable proven record of providing Car Sharing Services and must have at least three (3) years' experience in providing car sharing services in the United States. 2. The Proposer must provide three (3) references with at least one being a public agency. C2. Statement of Work Required. The City of Miami Beach is seeking to procure a public car sharing service provider in order to continue promoting multimodal transportation options throughout the City. Proposers are encouraged to submit proposals for on-street car sharing, or off-street car sharing, or both. The intent is to provide residents, visitors, and tourists with an alternative mobility option in the form,of an automobile with user fees assessed by minute, hour, or day and is easily accessible at any on-street or off-street parking space, 24 hours a day, seven days a week. SCOPE OF SERVICES 1. Operational/Implementation Plan: Proposers should provide a detailed operational/implementation plan and may include any additional information and/or services not referenced below: 1) Capacity and past experience of the Proposer to develop, implement, and maintain the proposed use inclusive of an implementation timeline. 2) Fleet size, vehicle types, costs, maintenance and operations. 3) Membership characteristics and demographics usage patterns. 4) Ancillary services provided, if any. 5) Member screening and member management criteria. 6) Deposits,fees, billing and accounting requirements. 7) Locations of vehicles and parking arrangements. 8) Mobility partners and information. 9) Usage policies for members. 10) Vehicle and organization insurance, including the type, limits and exclusions of insurance to be provided both with regard to the car share fleet and liability associated with use/ownership. 2. Technical Plan: Proposers should provide a detailed technical plan and may include any additional information and/or services not referenced below: 1) Web-based reservation/payment utilities that are user friendly, allowing access to the program and credit card payment 24 hours a day, 7 days a week, 365 days a year. 2) Mobile application and capability to interface, including communication and transmission of data, with the City's existing parking (or other) mobile application. 3) Shared access to all program related data in a format that suits the City in "real time". 4) Technical support plan, including but not limited to a local presence capable of handling responses within 30 minutes, website, etc. ITN 2014-277-SW Car Sharing Services 24 3. Marketing Plan: Proposers should provide a detailed marketing plan and may include any additional information and/or services not referenced below: 1) Marketing Plan/Support. Plan outlining existing marketing strategies as well as future initiatives which can be utilized to insure programs successful adoption by area residents and visitors. 2) Funding source for the development, implementation and management/operation of the program. 3) User fees. 4) Corporate discounts and incentives for frequent users and/or special events. 5) Monitoring/auditing features to ensure compliance with the parameters of the program and financial return to the City. 6) Marketing Plan/Support. Plan outlining existing marketing strategies as well as future initiatives which can be utilized to insure programs successful adoption by area residents and visitors. (BALANCE OF PAGE INTENTIONALLY LEFT BLANK) ITN 2014-277-SW Car Sharing Services. 25 APPENDIX D N\ I A/\/ I B EAC.H Cost Proposal Form ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 ITN 2014-277-SW Car Sharing Service 26 ITN 2014-277-SW CAR SHARING SERVICES COST PROPOSAL FORM Estimated amounts or quantities are for comparison purposes only and do not imply any specific order amount or guaranteed order. Costs submitted are all inclusive including travel and any and all administrative costs. Proposers may submit a proposal for Group I On-Street or for Group I I Off-Street or Both Proposers submitting to Group I must submit a proposal for both User Fees and Financial Return to the City, Proposers-submitting to Group II must submit a proposal for both User Fees and Financial Return to the City The City may award: 1)Group I On-Street or 2)Group II Off-Street or both. Within each group there will be a weighted maximum points assigned for User Fees and Financial Return to the City. Based upon an estimated annual membership cost please provide the applicable user fees below: Group.l (A)On-Street User Fees(15 maximum.points)._. Wei ht % Cost Weighted Cost Annual Memberships 10 X = $ Per Minute Charge 70 X = $ Per Hour Charge 10 X = $ Per Day Charge 10 X = $ Total Weighted Cost: $ Group I(B)On-Street Financial Return to the City(25 maximum points) Monthly per parking space Revenue (Estimate: 100 spaces) $ Group II (A)Off-Street User Fees(15 maximum points) weight Cost Weighted Cost Annual Memberships 10 X = $ Per Minute Charge' 70 X = $ Per Hour Charge 10 X = $ Per Day Charge 10 X = $ Total Weighted Cost: $ Group II (B)Off-Street Financial Return to the City(25 maximum points) Monthly per parking space Revenue (Estimate: 100 spaces) $ ITN 2014-277-SW-Car Sharing Services 27 APPENDIX E 'IAN I B.EAC H Insurance Requirements ITN 2014-277-SW CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 ITN 2014-277-SW Car Sharing Services 1,AIM al �B EACH INSURANCE REQUIREMENTS The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis (including products and completed operations), in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Insurance policies required must include a waiver of subrogation in favor of the City. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as to financial 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 Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business.in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under an other section of this agreement. Y 9 ITN 2014-277-SW Car Sharing Services 29